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THE PRIME
MINISTER
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.: 46/QD-TTg
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Hanoi, January
05, 2013
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DECISION
APPROVING THE SCHEME
ON RESTRUCTURE OF VIETNAM PETROLEUM GROUP IN PERIOD 2012-2015
THE PRIME MINISTER
Pursuant to the December 25, 2001 Law on
organization of Government;
Pursuant to the Decision No. 929/QD-TTg dated
July 17, 2012, of the Prime Minister, approving the scheme on restructure of
state-owned enterprises, focusing on economic groups and state-owned
corporations period 2011 – 2015;
At the proposal of Minister of Industry and
Trade and Members' Council of Vietnam Petroleum Group,
DECIDES:
Article 1. To approve the scheme on
“restructure of Vietnam petroleum group (PVN) in period 2012-2015” with the
following contents:
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To build Vietnam Petroleum Group into a strong and
dynamic economic group having international and domestic competitive
capability, obtaining high efficiency in production, business and development
investment by using optimally all available resources; develop fast and
adequately from petroleum search, exploration and exploitation to
processing petroleum, manufacture of fertilizers, electricity, petroleum
services with high quality.
Sustainable development accompanying with
ecological environment protection; contributing in protection of national
sovereignty on sea and security assurance; taking initiative in international
economic integration, expansion of activities overseas.
II. CONTENT
1. Business:
a) Petroleum search, exploration and exploitation.
b) Refinery – Petrochemical.
c) Gas Industry.
d) Power Industry.
dd) High-quality petroleum services.
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2. Classification and arrangement of member units:
a) PVN further holds 100% of charter capital:
- Petroleum exploration and exploitation
Corporation.
b) PVN keeps intact of the existing capital rate at
enterprises:
- Joint-Stock Company of Drilling and Petroleum
Drilling Service (50.38%);
- Vietnam Joint-Stock Company of Petroleum
Technical Service (51%);
- Russian and Vietnamese joint venture –
Vietsovpetro (51%);
- Rusvietpetro joint venture under Limited
Liability Company (49%);
- Gaspromviet Limited Liability Company (49%);
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- Long Son Petrochemical Limited Liability Company
(18%);
c) Enterprises conduct the equitization:
- Period 2012-2015:
Binh Son Refinery & Petrochemical One-member
Limited Liability Company (PVN holds 75% of charter capital);
+ Ca Mau Fertilizer and Petroleum One-member
Limited Liability Company (PVN holds 51% of charter capital);
+ Dung Quat Shipbuilding Industry One-member
Limited Liability Company (PVN holds 36% of charter capital);
- Period after 2015:
+ Vietnam Oil Corporation (PVN holds 75% of charter
capital);
+ Vietnam Oil, Gas and Power Corporation (PVN holds
75% of charter capital);
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- Period 2012-2015:
+ Joint-Stock Company of Transport and Petroleum
(decrease from 57.82% to 36% minimally);
+ PetroVietnam Energy Technology Corporation –
joint stock company (decrease from 41% to 36% minimally);
+ PetroVietnam Construction and Installation
Joint-Stock Company (decrease from 54.54% to 36% minimally);
+ Joint-Stock Company of Petroleum Petrochemical
and Synthetic Fiber (decrease from 57.82% to 36% minimally);
+ PVI Joint-Stock Company (decrease from 39.05% to
35%);
- Period after 2015:
+ Petroleum Fertilizer and Chemical Corporation –
Joint Stock Company (decrease from 61.37% to 51%);
dd) Sale of all capital which PVN is holding at
enterprises at present:
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+ Lai Vu industrial zone One-member Limited
Liability Company;
+ Ocean joint-stock commercial bank;
+ Green Indochina Development Joint-Stock Company;
+ PetroVietnam Trade Union Financial-Investment
Joint-Stock Company.
- Period after 2015:
+ Petroleum General Service Joint-Stock Company.
e) To transfer capital of PVN in Trade, Technique
and Investment Corporation – Joint Stock Company for Vietnam Oil Corporation to
hold it.
g) Arrangement of research and training facilities:
- Petroleum Vocational College is kept intact;
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h) To dissolve branch of Vietnam Petroleum Group
- Petroleum Coal Import and Distribution Company.
3. To complete mechanism of management and
organizational restructure applicable to enterprises level II, level III in the
principles:
a) Through representative and basing on law, PVN
orientates member enterprises (level II, level III) about matters:
- Development strategic; general business
coordination plan in the Group; assignment of operational sectors and business
lines; regulations on management, administration and standards, norms;
- To change quantity of member enterprises of
enterprises level II and re-organization of enterprises level II. To
participate in capital contribution to establish new enterprises, to
participate in capital contribution in other enterprises;
- Use of: Trademark of Vietnam Petroleum Group,
information service, research and application of science and technology,
training; giving names of enterprises according to unified regulation;
- Decentralization in investment, procurement, and
bid in principle of depending on control extent of enterprise and operational
efficiency of enterprise;
- Organization of officers and training of human
resource;
- The works of emulation, commendation, culture,
sport and social welfares.
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Have roadmap to finish the sale of capital parts
and re-arrangement of enterprises inappropriate with structure orientation
mentioned above before 2015.
4. Enterprise administration
restructure is concentrated in the following contents:
a) To amend, supplement and complete system of
regulations on internal management;
b) To re-arrange organizational structure,
apparatus of management and administration;
c) To complete regulation on officer affair, push
up the training of human resource; ensure settlement of policy, rights and
benefits for employees during restructuring enterprises under law.
d) To strengthen the work of internal control;
dd) To push up application of scientific and
technological advances and implement solutions to increase labor productivity,
reduce costs in production and business;
e) To strengthen duties and powers and directions
of PVN for capital representatives of PVN at other enterprises;
g) To strengthen organization of Party’s
organizations, mass associations in PVN.
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1. The Ministry of Industry and Trade shall:
a) Guide, monitor, inspect implementation of this
Decision; quarterly, make reports to the Prime Minister, assume the prime
responsibility for, and coordinate with relevant agencies in timely handling
the problems arising or reporting to the Prime Minister about matters beyond
its competence;
b) Assume the prime responsibility for, and
coordinate with Vietnam Petroleum Group and relevant agencies in elaboration,
submission to Government for promulgation of Decree on Charter of organization
and operation of Vietnam Petroleum Group; propose amendments, supplementations
to the Government’s Decree No. 115/2009/ND-CP dated December 24, 2009, on
petroleum activities as appropriate.
c) Assume the prime responsibility for, and
coordinate with the Ministry of Finance and Vietnam Petroleum Group in
proposing the gas business mechanism (in which include relation between Mother
Company – Vietnam Petroleum Group and Vietnam Gas Corporation – Joint Stock
Company), plan on gas price under market and reduction of capital rate which
Vietnam Petroleum Group holds in Vietnam Gas Corporation – Joint Stock Company
and submit to the Prime Minister for consideration.
2. The Ministry of Finance:
To research, submit to Government for promulgation
of Decree on Regulation on financial management of Vietnam Petroleum Group.
3. Ministries of: Planning and Investment,
Home Affairs, Labor - Invalids and Social Affairs shall, under their
competence, coordinate with the Ministry of Industry and Trade in performing
task assigned at Clause 1 part III of this Article.
4. Members' Council of Vietnam Petroleum Group
shall:
a) Elaborate development strategy in period
2012-2015, orientated till 2020, submit the Prime Minister for consideration
and approval; to implement 5-year plan on production, business and development
investment in period 2011-2015 already been approved by the Prime Minister in
Decision No. 1381/QD-TTg dated August 12, 2012;
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c) Perform re-arrangement of functions, tasks and
business lines of enterprises in Group such as the scheme mentioned (except for
Vietnam Gas Corporation – Joint-Stock company, will be determined when the
Prime Minister considers proposals of the Ministry of Industry and Trade and
decides).
d) Report the Prime Minister:
- With clearer content of production and business
of units, projects having difficulties, being ineffective, having bad financial
situation; clearly stating causes (objective and subjective), duties and
solutions to overcome.
- To assess the efficiency of investment in fields
outside main business lines; overseas investment; big projects, key projects
performed by Mother Company – Vietnam Petroleum Group and member companies.
- Reason of proposals: To raise capital rate which
PVN holds at Joint-Stock Company of Petroleum Chemical Products and Drilling
Solutions, and Petroleum Architecture Advisory Corporation – Joint-stock
Company; Mother Company – PVN will receive capital part which has been
contributed in the Phuoc An Port Investment and Exploitation Petroleum Joint
Stock Company by the PetroVietnam Technical Service Corporation and member
units.
dd) To elaborate specific and strict handling plan
in accordance with law and directions of the Prime Minister at Notice No.
309/TB-VPCP dated August 28, 2012 of Government's Office involving
PetroVietnam Finance Corporation, and submit to the Prime Minister for
consideration and decision.
e) Decision on establishment of unit supplying fuel
for Thermal-power plants at Petroleum Power Corporation under law.
g) Concentrate on enterprise administration
restructure in accordance with contents mentioned at Clause 4 part II Article 1
of this Decision.
To elaborate and implement regulations on
supervision, check, inspection over compliance with law, perform of objectives,
strategy, plans and tasks as assigned, assess the operational efficiency of
subsidiary companies, managers under regulations.
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Article 2. This Decision takes effect on the
day of its signing.
Article 3. Ministers, Heads of
ministerial-level agencies, Heads of Governmental agencies, chairpersons of
People’s Committee of provinces and central-affiliated cities, heads of the
Steering board of enterprise renovation and development, Members' Council of
Vietnam Petroleum Group shall implement this Decision.
FOR THE PRIME
MINISTER
DEPUTY PRIME MINISTER
Vu Van Ninh