Chương 4 Luật Doanh nghiệp Nhà nước 1995: Quản lý nhà nước và thực hiện quyền chủ sở hữu nhà nước đối với doanh nghiệp nhà nước

Chapter IV

STATE MANAGEMENT AND EXERCISE OF STATE OWNERSHIP OVER THE STATE ENTERPRISES

Section I. STATE MANAGEMENT OF STATE ENTERPRISES

Article 25.- The Government exercises unified State management of the State enterprises with the following authority:

1. To promulgate policies and mechanisms of management with regard to different types of enterprise, incentive policies, system of subsidies, price subsidies, and preferential treatment applicable to products and services for public benefits;

2. To decide measures to protect and support important State enterprises of the national economy;

3. To organize the drafting of the development plans and strategy of State enterprises, in the general planning and strategy of development of each sector and each region;

4. To organize the drafting of plans of training managers and executives of State enterprises;

5. To organize the control and inspection of the enforcement of State laws, policies and regimes at the enterprises;

Article 26.- The State managerial agencies perform their State management of State enterprises in accordance with law provisions and governmental devolution.

Section II. EXERCISE OF STATE OWNERSHIP TOWARD STATE ENTERPRISES

Article 27.-

1. The Government exercises uniformed State ownership toward the State enterprises. This includes the following rights:

a/ To decide on the establishment, merger, splitting, dissolution and transfer of ownership of the State enterprise;

b/ To decide on the objectives, tasks, development strategy and orientation for business development plan of the State enterprise;

c/ To promulgate model statute of operational organization of the State enterprise, and to approve the statute of the corporations and the important State enterprises;

d/ To decide on the allocation of initial investment and supplementary investment, delivery of fund to the enterprises, control and supervise the preservation and development of capital at State enterprises. To regulate the system of depreciation rates, the rate of profit allotment to different funds after taxation. To approve the plan for transfer lease/rent, lien or mortgage, of important equipments and workshops. To approve plans for mobilization of capital, and contribution of State capital and assets to the joint ventures with other owners. To effect a unified organization in carrying out the owner's duties and powers in regard to the investment capital of the State in the enterprises;

e/ To decide on the mode of management for each type of State enterprise; on the appointment, dismissal, commendation and reward, and disciplinary measures to be carried out in regard to key managerial posts in the State enterprises;

f/ To set criteria, norms, salary unit price in relation to products and services, as a basis for the State enterprise to pay salary to its personnel. To decide on the system of salary, bonus and allowance in regard to the members of the Board of Management, the Director General or Director of the State enterprise;

g/ To organize the control and supervision of the State enterprise in the realization of the objectives and the tasks assigned by the State; to supervise the business operations of the enterprise, the managerial work of the Board of Management, and the executive work of the Director General or Director.

2. The Government assigns or delegates the Ministries or People's Committees in the provinces or cities under the Central Government to exercise some of the State ownership rights in regard to State enterprises as stipulated in Item 1 of this Article; to define the responsibility of the Ministry of Finance in the management of the State capital and assets at the enterprise; to define on the relationship between the controlling Ministries, the People's Committees in the provinces or cities under the Central Government, and the Ministry of Finance, in exercising State ownership rights assigned or delegated by the Government in their relations with the State enterprises;