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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.
548-TTg
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Hanoi
,August 13, 1996
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DECISION
ON THE ESTABLISHMENT OF THE EQUITIZATION
STEERING COMMITTEES UNDER DECREE No.28-CP OF MAY 7, 1996 OF THE GOVERNMENT
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to Decree No.28-CP of May 7, 1996 of the Government on transforming a
number of State enterprises into stock companies;
At the proposals of the Minister-Chairman of the Central Steering Committee for
the Renewal of Enterprises, the Minister of Finance, the Minister of Labor, War
Invalids and Social Affairs, and the President of the Vietnam General Confederation
of Labor,
DECIDES:
Article 1.- To set up a Central Equitization Steering
Committee, comprising:
- Mr. Phan Van Tiem, Minister-Chairman of the
Central Steering Committee for the Renewal of Enterprises: Chairman.
- Mr. Pham Van Trong, Vice Minister of Finance:
Vice Standing Chairman.
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- Mr. Hoang Minh Chuc, Vice President of the
Vietnam General Confederation of Labor: member.
The Central Steering Committee shall be assisted
by a group of experts selected from the related Ministries with the Equitation
Steering Committee of the General Department for the Management of State
Capital and Property at enterprises under the Ministry of Finance acting as the
standing agency.
The number of experts, the apparatus, head
office and working regulations of the standing agency shall be decided by the
Chairman of the Central Equitization Steering Committee.
Article 2.- Tasks and powers of the Central Equitization
Steering Committee:
1. Tasks:
a/ Promulgating the working regulations of the
Committee; assigning tasks to each member of the Committee in accordance with
the provisions of Decree No.28-CP of May 7, 1996 of the Government;
coordinating the activities of the members and creating favorable conditions
for them to accomplish their assigned tasks.
b/ Participating together with the Ministries,
branches, provinces and cities directly under the Central Government
(Ministries and localities for short) in directing the equitization of enterprises
with the State capital of over 3 billion VND (including budget capital, capital
from budget resources and capital accumulated by the enterprises themselves).
c/ Taking part together with the Managing Boards
of the State Corporations established by decisions of the Prime Minister and
operating in accordance with Decision No.91-TTg of March 7, 1994 (the 91
Corporations for short) in guiding the equitization of member enterprises of
such Corporations.
d/ Guiding and supervising the Ministries and
localities in the equitization of enterprises directly in their charge.
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f/ Submitting to the Prime Minister for decision
matters which are beyond the competence of the Committee.
g/ Working out pilot projects on the sale of
stocks to foreign organizations and individuals to be submitted to the Prime
Minister for approval.
h/ Reviewing the materialization of the policies
on equitization so as to report to the Prime Minister in the second quarter of
1998.
2. Powers:
a/ Promulgating the equitization procedures,
defining the tasks and powers of the Equitization Steering Committees in the
Ministries and localities and the Equitization Committees at enterprises.
b/ Convening meetings of Ministries, localities
and State enterprises so as to brief them and provide them guidance on the
undertakings, policies and decisions of the Party and the Government on
equitization; requesting the Ministries and localities and the 91 Corporations
to report their projects on equitization and make quarterly reports on the
results of the implementation of those projects.
c/ Settling within its competence any
difficulties arising in the equitization process.
d/ Suspending the equitization conducted by
Ministries or localities which is contrary to the guidance of the Government.
e/ Depending on each case, the Minister-Chairman
of the Committee may be authorized by the Prime Minister to ratify plans for
the equitization of enterprises with a State capital of from over 3 to 10
billion VND.
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g/ Requesting the related Ministries and branches
to appoint a number of their specialists to the standing agency of the
Committee (if necessary).
3. The seal and fund for operations:
- The Central Equitization Steering Committee
shall not have its own seal. For each case coming under the competence of each
member of the Committee, he/she shall affix his/her signature and the seal of
his/her agency. The Chairman of the Committee is entitled to use the seal of
the Government. The Vice Standing Chairman is entitled to use the seal of the
Ministry of Finance to direct the common affairs of the Committee.
- The fund for regular operations of the Central
Equitization Steering Committee shall be included in the annual central budget
plan for equitization; the State may supply a temporary fund for operations of
the Committee in 1996 at the proposal of the Chairman of the Committee.
Article 3.-
1. The Ministers, the Presidents of the
provinces and cities directly under the Central Government shall make decisions
on the establishment of Equitization Steering Committees of their own
Ministries and localities.
The ministerial and local Equitization Steering
Committees shall appoint a number of officials from the departments for the
renewal of enterprises which were set up by Decision No.83-TTg of March 4, 1993
of the Prime Minister to serve as the core of the Committees. The membership of
such a Committee shall include:
- A Vice Minister (or Vice President of a
province) who shall act as Chairman of the Committee.
- The Heads (or Deputy Heads) of Departments or
Directors (or Deputy Directors) of Services of Planning and Investment; the
Financial Service; and the Labor, War Invalids and Social Affairs Service who
shall act as members.
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The Equitization Steering Committees of the
Ministries and localities shall be subject to the professional direction of the
Central Equitization Steering Committee and shall perform the same tasks as the
Central Steering Committee within the scope of their assignment. The fund for
operations of the Committees shall also be included in the annual budget plan.
2. The Managing Boards of the 91 Corporations
shall direct the equitization of their Corporations.
3. The State enterprises chosen for equitization
shall have to set up Equitization Steering Committees of their own by decision
of the Ministers, the Heads of the ministerial level agencies and agencies
attached to the Government or the Presidents of the People’s Committees of the
provinces and cities directly under the Central Government and the Managing
Boards of the 91 Corporations. The membership of such a Committee shall
comprise:
- The Director (or Deputy Director): Chairman of
the Committee.- The Chief Accountant (or the Head of the Accounting and Finance
Section): standing members.
- The Head (or Deputy Head) of the Section for
Organization, Personnel, Labor and Wage: member.
- The Secretary (or Deputy Secretary) of the
Party Committee and the President (or Vice President) of the Labor
Confederation shall be invited to join as members of the Committee.
Article 4.- To have a basis for the review of the
equitization from now to the year 1997, at least 150 State enterprises in the
whole country must be equitized. The Central Equitization Steering Committee
shall decide the concrete number of State enterprises to be equitized in each
Ministry, locality and in the 91 Corporations after obtaining consensus thereof
and reaching agreement with the Party Caucuses (for Ministries), the provincial
or municipal Party Committees, the People’s Councils (for localities), and the
Party Committees of the same level (for the 91 Corporations).
Article 5.- This Decision takes effect from the date of its
signing.
The Ministers, the Heads of the ministerial
level agencies and agencies attached to the Government, the Presidents of the
People’s Committees of the provinces and cities directly under the Central
Government; the Managing Boards of the Corporations established by decision of
the Prime Minister and the persons named in Article 1 shall have to implement
this Decision.
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FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Duc Luong