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THE PRIME MINISTER OF GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 155/2004/QD-TTg
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Hanoi,
August 24, 2004
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DECISION
PROMULGATING THE CLASSIFICATION CRITERIA AND
LIST OF TO BE-CLASSIFIED STATE COMPANIES AND INDEPENDENT COST-ACCOUNTING MEMBER
COMPANIES OF STATE CORPORATIONS
THE PRIME MINISTER
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Law on State Enterprises;
In order to materialize the Resolution of the 9th Plenum and to step up the
materialization of the Resolution of the 3rd Plenum of the Party Central
Committee, IXth Congress, on the further restructuring, renewal, development
and raising of the efficiency of State enterprises;
At the proposal of the Minister of Planning and Investment,
DECIDES:
Article 1.- To issue together
with this Decision the classification criteria and list of to be-classified
State companies and independent cost-accounting member companies of State
corporations.
Article 2.- Subject to the application of this
Decision are independent State companies, independent cost-accounting member
companies of State corporations and existing State corporations.
Article 3.- This Decision
replaces Decision No. 58/2002/QD-TTg of April 26, 2002 of the Prime Minister
and takes effect 15 days after its publication in the Official Gazette.
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The Ministry of Planning and
Investment shall coordinate with the Steering Committee for Enterprise Renewal
and Development in monitoring, guiding and urging the ministries, branches,
localities and Corporations 91 to implement this Decision and regularly sum up
and report the situation to the Prime Minister.
PRIME
MINISTER
Phan Van Khai
CLASSIFICATION
CRITERIA AND LIST OF TO BE-CLASSIFIED STATE COMPANIES AND INDEPENDENT
COST-ACCOUNTING MEMBER COMPANIES OF STATE CORPORATIONS
(Issued
together with the Prime Minister’s Decision No. 155/2004/QD-TTg of August 24,
2004)
A. INDEPENDENT STATE COMPANIES AND INDEPENDENT COST-ACCOUNTING MEMBER
COMPANIES OF STATE CORPORATIONS (hereinafter called companies for short)
I. The State shall own 100% of capital of companies operating in the
following branches and domains:
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- Production and supply of
explosive materials;
- Production and supply of toxic
chemicals;
- Production and supply of
radioactive substances;
- National electricity
transmission system;
- National and international
communication axis networks;
- Production of cigarettes;
- Flight control;
- Maritime security;
- Production and repair of
weapons, ammunition and equipment exclusively used for national defense and
security; equipment, facilities, technical documents and provision of
information confidentiality services with cipher techniques;
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- Printing of banknotes and
valuable certificates; production of coins;
- Construction lottery;
- Publishers;
- Production of scientific
films, newsreels, documentary films and films for children;
- Measurement and cartography;
- Management and maintenance of
the national railway systems, airports and seaports of large scale and
important position under the Prime Minister’s decision;
- Management and exploitation of
head-water water works and large-scale water works;
- Planting and protection of
head-water forests, protective forests and special-use forests;
- Water drainage in large urban
centers;
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- Some other important domains
as decided by the Prime Minister.
2. Companies ensuring the
essential demands for developing production and improving the material and
spiritual life of ethnic minority people in mountainous, deep-lying and remote
areas.
3. Companies meeting the
following conditions: having the State capital of VND 30 billion or more;
having the three preceding years’ average level of State budget remittance of
VND 3 billion or more; taking the lead in applying spearhead technologies and
high technologies; contributing an important part to stabilizing marco-economy;
and operating in the following branches and domains:
- Petroleum processing;
- Exploitation of ores
containing radioactive substances;
- Building and repair of air
transport means;
- Printing of political books
and newspapers;
- Wholesale of preventive and
curative medicines, pharmaceutical chemicals;
- Wholesale of food;
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- Air and railway transport.
II. Companies which diversify their ownership in forms of equitization,
assignment to labor collectives, or sale
1. Companies where the State
holds more than 50% of the total shares upon their equitization.
a/ Companies which have the
State capital of VND 20 billion or more; have the three preceding years’
average level of State budget remittance of VND 2 billion or more; and operate
in branches and domains specified at Point 3, Section I above or the following
branches and domains:
- Electricity production;
- Exploitation of important
minerals: coal, bauxite, copper ore, iron ore, tin ore, gold, gemstones;
- Manufacture of
mechanical-engineering products: electric equipment and materials; machines
exclusively used for industries; machinery and equipment in service of
agriculture, forestry and fisheries; building and repair of sea and railway
transport means;
- Supply of telecommunication
infrastructure;
- Production of ferrous metals
(pig iron, steel) with a capacity of over 100,000 tons/year;
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- Production of chemical
fertilizers and plant protection drugs;
- Production of a number of
consumer goods and foodstuffs: kitchen salt; milk; beer with a capacity of over
50 million liters/year; alcohol and liquor with a capacity of over 10 million
liters/year;
- Exploitation, filtering and
supply of clean water in urban centers;
- Sea transport;
- Trading in currencies and
insurance.
b/ Other companies:
- Production of plant varieties,
animal breeds and frozen sperm;
- Off-shore fishing services;
- Management and maintenance of
important road and waterway systems;
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- Labor cooperation services;
- Dealing in fair and exhibition
floor-space.
2. For those companies not
defined at Point 1 of this Section, when they are equitized, the competent
State agencies shall base themselves on each specific case to decide whether
the State shall hold shares with a small percentage or shall not hold shares.
3. For those companies, which
cannot be equitized, their ownership shall be converted in form of assignment
of companies to labor collectives or sale of companies according to the
Government’s regulations.
III. Modes of handling companies not defined in Section I above, which
have suffered prolonged losses and cannot convert their ownership
1. Those companies, which have
conducted business without efficiency, suffered losses for two consecutive
years but not to the extent of being dissolved or declared bankrupt, shall be
merged or consolidated.
2. Those companies, which have
suffered losses in their business activities for three consecutive years and
have the accumulated loss amount equal to 3/4 or larger of the State capital at
the companies, but do not yet fall into insolvency, and which, though having
applied the reorganizing measures, cannot overcome the situation, shall be
dissolved.
3. Those companies, which have
suffered losses in their business activities for two consecutive years and
cannot repay their due debts, shall be declared bankrupt.
B. STATE CORPORATIONS
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a/ Being engaged in the
following branches and domains: oil and gas exploitation and processing as well
as gasoline and oil wholesale; electricity production and supply; exploitation,
processing and supply of coal and important minerals; metallurgy;
mechanical-engineering; cement production; post, telecommunications, electronics,
aviation; maritime; railway; chemicals and chemical fertilizers; production of
a number of important consumer goods and foodstuffs (textiles, paper, salt,
coffee, rubber, wood processing, liquor, beer, cigarettes); curative medicines,
pharmaceutical chemicals; construction; food wholesale; banking; insurance.
b/ Having the State capital of
VND 500 billion or more; for specific branches under the Prime Minister’s
decisions, the State capital amount may be smaller but not less than VND 100
billion.
c/ Having the three preceding
years’ average level of State budget remittance of VND 50 billion or more; for
specific branches under the Prime Minister’s decisions, it may be smaller but
not less than VND 20 billion.
d/ Having advanced technological
and managerial levels, high-quality products, high efficiency in production and
business activities, and having capability to compete with others on domestic
and international markets.
2. Those State Corporations,
which do not fully meet the above-mentioned four conditions, shall be
restructured along the direction of merger, consolidation or dissolution after
restructuring their member companies.