|
THE
PRIME MINISTER OF GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
------------
|
|
No:
58/2002/QD-TTg
|
Hanoi,
April 26, 2002
|
DECISION
PROMULGATING
THE CLASSIFICATION CRITERIA AND LIST OF TO BE-CLASSIFIED STATE ENTERPRISES AND
STATE CORPORATIONS OF VARIOUS TYPES
THE
PRIME MINISTER
Pursuant to the Law on
Organization of the Government of December 25, 2001;
In order to implement the Resolution of the 3rd Plenum of the Party Central
Committee, the IX Congress, on continuing the restructuring, renewal,
development and raising 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 enterprises and State corporations of various types.
Article 2.-
Subject to the application of this Decision are independent State enterprises,
member enterprises of State corporations and the existing State corporations.
Article 3.- This
Decision takes effect 15 days after its signing for promulgation. All the
previous stipulations, which are contrary to the classification criteria and
list of to be-classified State enterprises and State corporations of various
types, issued together with this Decision, are hereby annulled.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The Steering Committee for
Enterprise Renewal and Development shall monitor and urge the ministries,
branches, localities and Corporations 91 to draw up and implement the approved
general schemes on restructuring State enterprises strictly according to the
set tempo.
PRIME MINISTER
Phan Van Khai
CLASSIFICATION
CRITERIA AND LIST
OF
TO BE-CLASSIFIED STATE ENTERPRISES AND STATE CORPORATIONS OF VARIOUS TYPES
(Issued together with the Prime Minister’s Decision No. 58/2002/QD-TTg of
April 26, 2002)
A. STATE ENTERPRISES
(including independent State enterprises and member enterprises of State
corporations)
I. The State holds 100% capital of
those State enterprises, which are engaged in the following branches and
domains:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1.1. State enterprises engaged
in business activities in the domains where the State holds monopoly:
- Manufacture and supply of
explosive materials;
- Manufacture and supply of
toxic chemicals;
- Manufacture and supply of
radioactives;
- National electricity
transmission system;
- National and international
communication axis networks;
- Production of cigarettes.
1.2. State enterprises engaged
in business activities, which fully meet the following conditions: having the
State capital of VN dong 20 billion or more; having the average level of State
budget remittance of VN dong 3 billion or higher for 3 preceding consecutive
years; taking the lead in applying spearhead technologies and high
technologies; contributing an important part to stabilizing macro economy; and
being engaged in the following branches and domains:
- Manufacture of electricity;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
+ Crude oil and natural gases;
+ Coal;
+ Bauxite;
+ Copper ore;
+ Tin ore;
+ Ores containing radioactives;
+ Gold;
+ Gemstones.
- Manufacture of a number of
mechanical-engineering products:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
+ Dynamos;
+ Machinery and equipment in
service of agriculture, forestry and fishery;
+ Electric technical equipment
and electric materials;
+ Special-use industrial
machines;
+ Building and repair of seaway,
railway and airway transport means.
- Manufacture of electronic equipment;
- Information technology;
- Manufacture of non-ferrous
metals (tin, copper);
- Manufacture of ferrous metals
(pig iron, steel) with capacity of more than 100,000 tons/year;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Manufacture of chemical
fertilizers and plant protection drugs;
- Manufacture of high-quality
cement by modern technologies, with capacity of more than 1.5 million
tons/year;
- Exploitation, filtering and
supply of clean water in cities;
- Building industry;
- Manufacture of a number of
important consumer goods and foodstuff products:
+ Newsprint, writing paper;
+ Textiles, fibers;
+ Printing of more than 3
billion finished product-equivalent pages (13 x 19 cm)/year;
+ Production of salt;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
+ Manufacture of alcohol and
liquor with capacity of more than 10 million liters/year;
- Manufacture and supply of
preventive and curative medicines, and pharmaceutical chemicals;
- Wholesale of food;
- Wholesale of petroleum;
- Airway, railway and seaway
transportation;
- Base telecommunications
services;
- Trading in currencies and
insurance.
1.3. State enterprises engaged
in business activities, which ensure the essential demand for developing production
and improving the material and spiritual life of people in rural areas and
ethnic minority people in mountainous, deep-lying and remote areas.
1.4. State enterprises engaged
in business activities of particular nature:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Construction lottery;
- A number of State enterprises
engaged in important branches under the Prime Minister’s decisions.
2. State enterprises engaged in
public-utility activities in the following domains:
- Printing of money and valuable
certificates;
- Flight control;
- Maritime security;
- Control and distribution of
radio frequencies;
- Manufacture and repair of
weapons, ammunition and equipment used exclusively for national defense and
security;
- Enterprises assigned to
perform the special defense and security task and enterprises situated in
important strategic localities where economy and defense are combined under the
Prime Minister’s decisions;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Technical expertise of big
motorized means of transport;
- Management and maintenance of
national railway systems and airports;
- Management and maintenance of
important land-road, waterway and harbor systems;
- Management and exploitation of
head-water irrigation works and large-scale irrigation works;
- Planting and protection of
head-water forests and protection forests;
- Water drainage in urban
centers;
- Public lighting.
II. State enterprises which diversify
the ownership in forms of equitization, assignment of enterprises to labor
collectives, or sale of enterprises
1. State enterprises, where the
State holds more than 50% of the total shares upon their equitization.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ State enterprises engaged in
business activities, which have the State capital of VN dong 10 billion or
more; and the average level of State budget remittance of VN dong 1 billion or
higher for 3 preceding consecutive years; and are engaged in the branches and
domains prescribed at Point 1.2 of Section I.
b/ State enterprises engaged in
other business activities:
- Manufacture of sugar, milk and
edible vegetable oil;
- Assessment of goods;
- Printing of various kinds
(excluding the printing of labels, marks or packings);
- Labor cooperation services;
- Trading in fair and exhibition
floor-space.
1.2. State enterprises engaged
in public-utility activities:
- Manufacture of plant varieties
and animal breeds, and frozen sperm;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Technical expertise of
motorized means of transport;
- Management and maintenance of
land-road and waterway systems;
- Management and maintenance of
important railway stations and car terminals;
- Management and exploitation of
irrigation works.
2. State enterprises engaged in
a number of important domains, where the State does not hold more than 50% of
the total shares when they are equitized, but shall hold special shares in
order to make decisions on several important issues, under the Prime Minister’s
decisions.
3. For those State enterprises
not defined at Points 1 and 2 of this Section, when they are equitized, the
competent State agencies shall base themselves on the specific conditions of
the enterprises to decide whether the State shall hold shares with a small
percentage or shall not hold shares.
4. Those State enterprises,
which have the State capital of VN dong 5 billion or less and can not be
equitized, shall convert their ownership in forms of assignment of enterprises
to labor collectives or sale of enterprises.
III. State enterprises not
defined in Section I above, which suffer from prolonged losses in their
business activities or have not fulfilled their assigned tasks in the
public-utility activities or which can not convert their ownership
1. State enterprises engaged in
business activities:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ Those enterprises, which have
suffered from losses in their business activities for three consecutive years
and have the accumulated loss amount equal to three-fourths (3/4) or larger of
the State capital at enterprises, but do not yet fall into insolvency, and
which, though having applied the reorganizing measures can not overcome the
situation, shall be dissolved.
c/ Those enterprises, which have
suffered from losses in their business activities for two consecutive years and
can not repay their due debts, shall be declared bankrupt.
2. For those public-utility
enterprises, which have not fulfilled their assigned tasks for two consecutive
years, the competent State agencies shall decide on the merger, dissolution or
bankruptcy.
B. STATE CORPORATIONS (including
corporations set up under the Prime Minister’s Decision No. 90/TTg and Decision
No. 91/TTg of March 7, 1994)
State corporations must fully
meet the following conditions:
1. Being engaged in the
following branches and domains: oil and gas exploitation and processing as well
as petroleum wholesale; electricity manufacture and supply; exploitation,
processing and supply of coal and important minerals; metallurgy; manufacturing
mechanical-engineering; cement production; post and telecommunications, and
electronics; airlines; maritime; railway; chemicals and chemical fertilizers;
manufacture of a number of important consumer goods and foodstuff products
(textiles, paper, salt, coffee, rubber, wood processing, liquor, beer, and
cigarettes); pharmaceutical chemistry; construction; food wholesale; banking;
and insurance.
2. Having the State capital of
VN dong 500 billion or more; for the specific branches under the Prime
Minister’s decisions, the State capital amount may be smaller but not less than
VN dong 100 billion.
3. Having the average level of
State budget remittance of VN dong 50 billion or higher for 3 preceding
consecutive years; for the specific branches under the Prime Minister’s decisions,
it must be no less than VN dong 10 billion.
4. Having advanced technological
and managerial levels, high-quality products, high efficiency in production and
business activities, and competitiveness on domestic and international markets.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
PRIME MINISTER
Phan Van Khai