THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
34-CP
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Hanoi,
May 27, 1995
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DECREE
ON
THE TASK, POWERS AND ORGANIZATION OF THE GENERAL DEPARTMENT FOR MANAGEMENT OF
THE STATE ITAL AND PROPERTY AT ENTERPRISES
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government on the 30th of September 1992;
Pursuant to Decree No.178-CP on the 28th of October 1994 of the Government on
the task, powers and organization of the Ministry of Finance;
Considering the proposals of the Minister of Finance, the Minister-Chairman of
the Government Commission on Organization and Personnel,
DECREES:
Article 1.- The
General Department for Management of the State ital and Property at Enterprises
is a specialized organization for financial management under the Ministry of
Finance, having the task of helping the Minister of Finance manage in a uniform
way the State ital and property at enterprises, and representing the ownership
of the State ital and property at enterprises as authorized by the Government.
Article 2.-
The General Department for Management of the State ital and Property at
Enterprises have the following concrete tasks and powers:
1. Drafting bills, ordinances
and other legal documents on the management and use of the State ital and
property at enterprises, which the Minister of Finance shall submit to the
Government for decision, or shall promulgate within his jurisdiction.
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- Fill the modalities of
granting ital to State-owned enterprises; check and supervise the use and
preservation of ital as authorized by the Minister of Finance.
- Examine the plan to mobilize
ital, to make investment and to contribute ital of State-owned enterprises to
joint ventures with other investors and submit it to the Minister of Finance
for ratification, or to the Prime Minister for ratification as stipulated by
the Government.
- Stand guarantee for the
borrowing of foreign ital by State-owned enterprises according to decision by
the Prime Minister.
- Control and supervise the
State ital and property at enterprises in case of splitting, merging,
dissolution and insolvency.
3. Requesting the Minister of
Finance to permit State-owned enterprises to transfer, rent, use State property
as collateral, or mortgage it in case the deal is beyond the authority of the
enterprise concerned as stipulated by the Government.
4. Drafting or taking part in
the drafting of policies and regimes on financial management at State-owned
enterprises; directing and guiding the management of finance and accounting for
those enterprises which have State ital.
5. Reviewing annual reports on
statements of accounts of State-owned enterprises; monitoring, reviewing and
analyzing the situation of the State finance and property in enterprises.
6. Helping the Minister of
Finance perform the task of equitising and diversifying the forms of ownership
of State-owned enterprises as stipulated by the Government.
7. The General Department shall
issue within its jurisdiction professional, occupational and technical
documents on the management of the State ital and property in enterprises; has
the right to request those enterprises which have State ital and property to
make periodical reports and irregular reports on the management and use of the
State ital and property in enterprises, and documents and data relating to the
management of State ital and property.
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1. At the central level is the
General Department for Management of the State ital and Property in Enterprises
under the Ministry of Finance.
The General Department has its
General Director who is assisted in his work by Deputy General Directors. The
General Director shall be appointed and dismissed by the Prime Minister at the
proposal of the Minister of Finance. The Deputy General Directors shall be
appointed and dismissed by the Minister of Finance.
The apparatus assisting the
General Director in his work is composed of:
1- The General Department.
2- The Department for management
of the State ital and property in enterprises under the Ministry of Defense and
the Ministry of the Interior, or Professional Department 1 in abbreviation;
3- The Department for management
of the State ital and property in enterprises in industry, construction,
communications, postal service, culture, public health and education, or
Professional Department 2 in abbreviation;
4- The Department for management
of the State ital and property in enterprises in agriculture, forestry,
irrigation, and aquaculture, or Professional Department 3 in abbreviation;
5- The Department for management
of the State ital and property in enterprises in trade, tourism and other
branches, or Professional Department 4 in abbreviation;
6- The Commission for research
and deployment of equitisation and diversification of ownership in enterprises,
or Equitisation Commission in abbreviation;
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2. In the provinces and cities
directly under the Central Government are Departments for management of the
State ital and property in enterprises belonging to the General Department.
These Departments shall have the task of managing the ital and property owned
by the State in enterprises in the provinces and cities directly under the
Central Government.
These Departments shall have
their Directors who are assisted in their work by Deputy Directors. The
appointment and dismissal of the Directors and Deputy Directors shall be
decided by the Minister of Finance.
The tasks, powers and
organization of apparatuses to assist the General Department and Departments
shall be stipulated by the Minister of Finance.
Article 4.- The
General Department for Management of the State ital and Property in
Enterprises, and the Departments for Management of the State ital and Property
in Enterprises in the provinces and cities directly under the Central
Government shall have their legal status, their own seals, and shall open their
bank accounts at the State Treasury.
The fund for the operation of
the General Department and its affiliated units shall be provided by the State
Budget and shall be registered in the draft expenditure plan of the Ministry of
Finance.
The staff of the General
Department and its affiliated units on State payroll shall be specifically
decided as part of the total staff of the Ministry of Finance.
Article 5.-
This Decree takes effect from the date of its promulgation. All stipulations
made earlier which are contrary to this Decree are now annulled.
Article 6.-
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 cities directly under the Central Government
shall have to implement this Decree.
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ON
BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet