Encourage state-owned firms to be arranged, equitized, divested, and restructured

DNHN - Deputy Prime Minister Le Minh Khai recently signed and promulgated Prime Minister's Official Letter No. 478/CD-TTg on advancing the arrangement, equitization, divestiture, and restructuring of state-owned businesses.

Promote the arrangement, equitization, divestment and restructuring of state-owned enterprises. (Illustration).

According to a telegraph addressed to ministers, chiefs of ministerial-level agencies, and agencies linked to the Government, as well as Chairmen of People's Committees of provinces and centrally governed cities:

The Government and the Prime Minister have issued several directives and operational papers in the past to encourage the arrangement, equitization, sale, and restructuring of state-owned businesses; nevertheless, execution has yet to occur. To promote this work, improve the operational efficiency of state-owned enterprises (SOEs), and contribute to socio-economic recovery and development, the Prime Minister directed that the Ministers and Heads of ministerial-level agencies, government-attached agencies, and chairpersons of People's Committees of provinces and centrally-run cities focus on directing and implementing the proposed tasks and solutions synchronously, drastically, and effectively, which focuses on the important contents listed below:

1. Ministries, branches, and localities must earnestly execute the Government's Resolution No. 68/NQ-CP of May 12, 2022, on continuing to innovate and increase operational efficiency.

1. Decision No. 22/2021/QD-TTg dated July 2, 2021, of the Prime Minister on the criteria for classifying state-owned enterprises and enterprises with state-owned capital carrying out ownership transformation, rearrangement, and divestment period 2021-2025; Decision No. 360/QD-TTg dated March 17, 2022, of the Prime Minister approving the Project "Restructuring state-owned enterprises"

2. Planning and Investment Ministry:

a) Review and finalize the Plan to Restructure State-Owned Enterprises for the Period 2021-2025, by the Party's Guidelines, the National Assembly Resolution, the provisions of law, and the direction of the Prime Minister Government, and submit it to the Prime Minister by May 31, 2022.

b) Assume primary responsibility for, and collaborate with, the Ministry of Finance and the Steering Committee for Enterprise Innovation and Development in pressing ministries, sectors, municipalities, economic organizations, and enterprises to strictly implement reorganization and capital-sharing plans. Privatization and disposal of public capital in firms; report to Prime Minister on situations of delay or breach of legislation;

c) Summarize the execution of the arrangement and rehabilitation of state-owned companies and report to the Prime Minister regularly.

d) Review and recommend to the Prime Minister that the criteria for classifying state-owned enterprises be adjusted and supplemented by each stage of socio-economic development, as well as related mechanisms and policies to promote strong Strengthening of the arrangement, equitisation, and divestment of state capital in enterprises.

3. Finance Ministry:

a) Assume primary responsibility for, and cooperate with, the Steering Committee for Enterprise Innovation and Development in pushing and inspecting ministries, branches, and People's Committees of provinces and centrally-run cities in developing, authorizing, and executing the Project. In the period 2021-2025, a restructuring project of economic groups, state-owned corporations, and state-owned enterprises will be implemented, to improve operational efficiency and competitiveness of state-owned enterprises; focusing on key, essential fields and important areas for national defence and security; promoting a leading role in the development of enterprises from other economic sectors; and strictly managing, preserving, and developing state capital and assets at enterprises.

b) Continue to review and submit to competent authorities for consideration and amendment the provisions of the Law on management and use of state capital invested in production and business in enterprises; Government Decree No. 126/2017/ND-CP dated November 16, 2017, Decree No. 140/2020/ND-CP dated November 30, 2020, and other relevant legal documents to overcome obstacles, problems, and difficulties arising in the process of equitization and divestment of state capital.

c) Based on the plan proposed by the ministries, branches, People's Committees of provinces and centrally-run cities, and the opinions of the People's Committee of the province (where the house or land is located), promptly approve a plan to rearrange and manage houses and land of centrally-managed level-I enterprises and locally-managed houses and land of local-level I enterprises in other localities by their respective legal competences and regulations.

d) Urging Ministries, branches, and People's Committees of provinces and centrally-managed cities to develop plans to reorganize and manage homes and land of centrally-managed firms and local enterprises as soon as possible to manage in other localities by the provisions of the Government's Decree No. 167/2017/ND-CP dated December 31, 2017, on the rearrangement and handling of public property and Decree No. 67/2021 /ND-CP dated July 15, 2021, on amending and supplementing several articles of the Government's Decree No. 167/2017/ND-CP dated December 31, 2017.

4. The Ministry of Natural Resources and Environment evaluates, studies, and adjusts rules on land in equitization and divestiture for advice by its competence, or swiftly proposes and notifies revisions to competent authorities.

5. Owner's representative organizations:

a) Strictly execute the Government's Resolution 68/NQ-CP of May 12, 2022, Decision No. 22/2021/QD-TTg of July 2, 2021, and Prime Minister's Decision No. 360/QD-TTg of March 17, 2022.

b) Comply with rules in the equitization and divestment of state capital in enterprises under its control, guaranteeing publicity, transparency, efficiency, and the best possible recovery of state capital in companies.

c) Direct economic groups, state corporations, and state-owned enterprises under their management to review and evaluate the results of enterprise restructuring; formulate and approve the Enterprise restructuring project for the period 2021-2025 for immediate implementation, or submit it to competent authorities for approval.

d) Quickly draft a plan for the arrangement and management of houses and land for the awarding enterprise and submit it to the Ministry of Finance (for grade-I firms) or the People's Committee of the province (where the house or land is situated).

On that basis, the owner's representative agency shall swiftly adopt the plan to reorganize and manage the residences and land of class II and class III firms under its administration by the competence provided in this Decree. No. 67/2021/ND-CP of the Government, dated July 15, 2021, and applicable laws

d) Handle situations of delay or breach of rules governing the equitization and disposal of public capital in firms strictly.

e) Clearly define the roles and responsibilities of relevant organizations and individuals, particularly leaders, in the arrangement, equitization, divestment, and restructuring of SOEs, as well as the implementation of related tasks and tasks; use task performance and the outcomes of the arrangement, equitization, divestment, and restructuring of SOEs as a criterion for evaluating related agencies, units, collectives, and individuals.

6. Provincial-level People's Committees shall promptly provide opinions on plans to rearrange and manage enterprise housing and land facilities when ministries, branches, and provincial-level People's Committees request them; urgently approve plans to rearrange and manage enterprise housing and land under their management by their competence and legal provisions, and proactively solve enterprise difficulties and problems.

7. Request that ministers, heads of ministerial-level agencies, government-attached agencies, and chairmen of People's Committees of provinces and centrally-run cities direct the implementation, inspect, monitor, and supervise the equitization and divestment of state capital in enterprises regularly.

PV