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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:
183/2001/QD-TTg
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Hanoi, November 20,
2001
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DECISION
ON THE GOVERNMENT�S ACTION PROGRAM FOR IMPLEMENTATION OF THE RESOLUTION
OF THE IXTH PARTY CENTRAL COMMITTEE’S THIRD
PLENUM
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Government’s Resolution No.12/2001/NQ-CP of November 2, 2001,
DECIDES:
Article 1.- To promulgate together with this Decision the
Government’s action program for implementation of the Resolution of the IXth
Party Central Committee’s third plenum.
Article 2.- This Decision takes effect as from the date of
its signing.
Article 3.- The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People’s Committees of the provinces and
centrally-run cities shall have to implement this Decision.
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FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Tan Dung
THE GOVERNMENT’S ACTION
PROGRAM
FOR
IMPLEMENTATION OF THE RESOLUTION OF THE IXTH PARTY CENTRAL COMMITTEE’S THIRD PLENUM
(promulgated together with the Prime Minister’s Decision No. 183/2001/QD-TTg
of November 20, 2001)
I.
OBJECTIVE AND REQUIREMENT OF THE PROGRAM
The objective of the action program (program for
short) is to organize the successful implementation of the Party Central
Committee’s (PCC) Resolution: continuing to restructure, renovate, develop and
raise the efficiency of State enterprises so that they make important
contributions to ensuring essential products and public-utility services for
the society and meeting the needs of national defense and security, and act as
the core force in boosting the economic growth and creating foundation for the
cause of national industrialization and modernization along the socialist
orientation.
The program’s requirement is, on the basis of
fully grasping the Resolution’s contents, to fully concretize viewpoints,
undertakings, orientations, policies and tasks already approved by the PCC into
legal documents and to organize the efficient implementation thereof.
II. MAJOR
CONTENTS OF THE PROGRAM
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1. To clarify and concretize the orientation for
restructuring and development of State enterprises engaged in business and
public-utility activities by promulgating concrete criteria for classification
of State enterprises into such categories as enterprises with 100% State-owned
capital; enterprises where the State holds dominant shares, special shares,
small shares or no shares upon their equitization; State enterprises to be
merged, dissolved or bankrupt; and State enterprises subject to assignment,
sale, business contracting or lease.
2. To encourage people and enterprises of all
economic sectors to turn out products and provide public-utility services
necessary for the society and not banned by law.
To perform this task, it is necessary to issue a
decree on public-utility enterprises in replacement of Decree No.56/CP on State
public-utility enterprises in the spirit that State public-utility enterprises
shall also conduct cost-accounting and the State shall adopt preferential
treatment policies for public-utility products and services, irrespective of
enterprise forms and economic sectors.
3. To amend and supplement mechanisms and
policies, formulate a complete legal framework for the creation of an
environment for State enterprises to act independently, deciding by themselves
their own business according to the supply-demand relationship, raise the
efficiency of and take self-responsibility for, their activities.
a/ To promulgate preferential treatment policies
for branches, regions, products and services which need priority or development
promotion, irrespective of economic sectors; to adopt mechanisms for the
protection and encouragement of enterprises to compete and cooperate with one
another on an equal footing for mutual development; to stipulate the control of
operations and regulation of profits of enterprises operating in those fields
where the State holds monopoly.
b/ To issue criteria on efficiency evaluation,
supervision mechanism and penalties for each type of State enterprises: enterprises
with 100% State-owned capital, enterprises where the State holds dominant
shares and State corporations, so as to encourage the enterprise managers who
work fruitfully and at the same time, handle those who work inefficiently due
to subjective causes.
To renew the accounting, auditing, reporting and
information regimes, publicize enterprises
business activities and financial situation.
c/ To issue the financial Regulation for State
enterprises in replacement of the Regulations issued together with Decrees
No.59/CP and No.27/1999/ND-CP so as within 5 years from 2001 to 2005 to
basically create enough charter capital for enterprises, encourage them to
renovate and modernize technologies.
d/ To experimentally establish a financial
investment company in order to effect the State investment and management of
capital at enterprises, instead of capital allocation.
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f/ To issue a decree on management of labor,
wages and revenues in State enterprises in replacement of Decrees No.28/CP and
03/2001/ND-CP.
4. To elaborate a planning for training of a
contingent of State enterprise managers. To issue criteria and regulations on
training and recruitment examination of key managerial staff of State
enterprises. To build up the enterprise director-training system.
5. To promulgate the regimes of preferential
treatment and responsibility of enterprise managers along the direction of
ensuring satisfactory material and spiritual incentives according to the levels
of their contribution to enterprises production and business results.
a/ To amend and supplement Decision No.83/1998/QD-TTg
on the wage and allowance regime for members of Managing Boards and Control
Commissions of State corporations and large-scale independent enterprises.
b/ To promulgate mechanisms of responsibility as
well as material and spiritual incentives for directors of State enterprises.
c/ To assign responsibility for appointment and
management of personnel of State corporations.
6. To apply measures for a healthy financial
situation of enterprises
a/ To adopt a debt- management and -handling
mechanism for State enterprises.
b/ To set up a company for sale and purchase of
debts and assets of State enterprises in order to handle their debts and
redundant assets, thus creating conditions to make healthy the financial
situation of enterprises.
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8. To renew and raise the efficiency of the
operations of State corporations, build up a number of strong economic
consortiums.
a/ To amend and supplement the model Statute on
organization and operation of State corporations issued together with Decree
No.39/CP.
b/ To issue a decree on shifting State
corporations to operate after the parent company- affiliated company model.
c/ To work out a project on the establishment of
economic consortiums.
9. To boost the equitization of State
enterprises. The State shall adopt policies to reduce the difference in
preferred shares for laborers among equitized enterprises and issue regulations
so that laborers can hold their preferred shares for a given period of time. To
study the use of part of enterprises� capital for the creation of laborers
shares; the laborers shall enjoy interests from these shares but must not
withdraw them from enterprises. Investors are allowed to buy shares issued for
the first time by equitized enterprises where the State does not hold dominant
shares strictly according to the provisions of the Enterprise Law and the Law
on Domestic Investment Promotion.
a/ To issue a decree in replacement of Decree
No.44/1998/ND-CP on equitization of State enterprises.
b/ To propose the National Assembly Standing
Committee to amend Clause 2, Article 13 of the Anti-Corruption Ordinance, on
the amount of shares to be purchased by leaders and operation managers of the
equitized State enterprises.
10. To effect the assignment, sale, business
contracting and lease of small-sized enterprises with State capital of under
VND 5 billion.
To amend and supplement a number of articles of
Decree No.103/1999/ND-CP on assignment, sale, business contracting and lease of
State enterprises, which relate to the scope of application of the Decree and
competence to decide the assignment, sale, business contracting or lease of
State enterprises.
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To amend and supplement a number of articles of
Decrees No.50/CP and No. 38/CP on the establishment, reorganization,
dissolution and bankruptcy of State enterprises in the spirit that new State
enterprises engaged in business activities shall be established mainly in form
of joint-stock companies. To establish enterprises with 100% State-owned
capital only in those branches and domains where the State holds monopoly or
where other economic sectors refuse or are unable to participate in.
12. To amend and supplement a number of articles
of the laws and ordinances related to the restructuring, renovation and
development of State enterprises.
a/ To amend and supplement a number of articles
of the Law on Enterprise Bankruptcy along the direction that the person
deciding on the enterprise establishment shall have the right to propose the
enterprise bankruptcy.
b/ To amend and supplement the State Enterprise
Law in the spirit that State enterprises shall include enterprises with 100%
State-owned capital and enterprises where the State holds dominant shares; to
prescribe the establishment, operation organization, reorganization,
dissolution and bankruptcy of State enterprises; to include in the to-be
revised law new contents on the model of organization and operation of State
corporations. To concretize the organizational model as well as functions, tasks
and powers of State owners for State enterprises.
c/ To draft the Law on Accountancy.
d/ To draft the Ordinance on State Audit.
e/ To draft the Law on Competition Encouragement
and Monopoly Restriction.
f/ To draft the Law on the Use of State Capital Invested
in Business.
The above-mentioned contents shall be
concretized into tasks mentioned in the appendix to the Government’s action
program for implementation of the Resolution of the PCC’s third plenum, IX
Congress (not printed herein).
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In the spirit of the Resolution of the IXth
PCC’s third plenum, those matters which have been clearly explained and
resolved, should be expeditiously and resolutely realized; those matters, which
are still ambiguous should be experimented, realizing them while drawing
experiences therefrom, taking appropriate, active and firm steps, redressing
errors and deviations in time. The Government shall focus its direction on the
following major contents:
1. Setting up an organization compatible with
the performance of the task of advising on and coordinating the mechanism and
policy elaboration and assisting the Government in directing the implementation
of the Resolution of the PCC’s third plenum.
2. Organizing the thorough study of the
Resolution throughout the country, disseminating the Government’s action
program; gathering enterprises’ opinions before promulgating new mechanisms and
policies related to them. Guiding branches and levels to work out their
respective programs of action for implementation of the Resolution.
3. Directing and guiding localities, ministries,
branches and State corporations to classify and restructure State enterprises.
Paying special attention to directing and guiding the restructuring of State
enterprises under the Ministry of Defense, the Ministry of Public Security and
local administrations in mountainous, deep-lying and remote areas. Enhancing
the direction, inspection and supervision of the implementation of schemes
already approved by the Prime Minister.
4. Directing the prompt restructuring of State
corporations which fail to meet the prescribed conditions.
5. Directing the expeditious and firm
experimentation of the conversion of State corporations into those operating
after the parent company-affiliated company model, for widespread application;
establishing economic consortiums and Financial Investment Company.
6. Well directing, guiding and organizing the
classification and restructuring of enterprises belonging to Party
organizations, socio-political organizations.
7. Organizing the direction of pilot conversion
of State enterprises, enterprises of Party organizations or socio-political
organizations into one-member limited liability companies.
8. Accelerating the implementation of the
program on equitization of State enterprises, considering this an important
stage to create basic changes in the renovation and raising the efficiency of
State enterprises.
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10. Organizing the direction of the
experimentation of contents of the Resolution of the PCC’s third plenum pending
the amendment and/or supplementation of laws and ordinances (the Law on
Bankruptcy, the State Enterprise Law, the Labor Code, the Anti-Corruption
Ordinance...).
The ministries, the ministerial-level agencies,
the agencies attached to the Government and the People’s Committees of the
provinces and centrally-run cities shall, on the basis of this action program
of the Government, work out concrete programs of action for implementation of
the Resolution of the PCC’s third plenum for their respective branches and
localities.
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Tan Dung