Chương I Nghị định 10/2019/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for the implementation of rights and responsibilities of state owner’s representatives in accordance with the Law on Management and Use of State Capital Invested in Business Activities of Enterprises.

Article 2. Subjects of application

1. Representatives of state owners at wholly state-owned enterprises and of state capital participation portions at joint-stock companies and multiple-member limited liability companies.

2. Wholly state-owned enterprises

3. Other entities, organizations and individuals involved in the investment, management and utilization of state capital at enterprises.

Article 3. State owner’s representatives

1. The Government shall implement uniform rights and responsibilities of the state owner’s representative for investment of state capital in enterprises and management of state capital at enterprises under the provisions of the Law on management and use of state capital invested in business activities of enterprises and other relevant laws.

2. The Prime Minister shall carry out rights and responsibilities of the state owner’s representative under the provisions of the Law on management and use of state capital invested in business activities of enterprises and other relevant laws.

3. The owner’s representative agency shall implement rights and responsibilities as a state owner’s representative to enterprises that the representative decides to establish or is authorized to manage, and shall implement rights and responsibilities as a state owner's representative for state capital contribution portions at joint-stock companies and multiple-member limited liability companies in accordance with the Law on management and use of state capital invested in business activities of enterprises and other relevant laws.

4. The owner’s representative shall directly carry out rights and responsibilities of the state owner’s representative at enterprises under the provisions of the Law on management and use of state capital invested in business activities of enterprises and other relevant laws.

Article 4. Owner’s representative agency

1. The Committee for management of state capital at enterprises shall be the agency representing the owners of wholly state-owned enterprises and the state capital invested in enterprises in accordance with the Government’s regulations.

2. Ministries, Ministry-level agencies, Governmental bodies (hereinafter referred to as ministry), People’s Committees of provinces and centrally-affiliated cities (hereinafter referred to as provincial People’s Committee) shall be the agency for owner’s representative to the followings:

a) Wholly state-owned enterprises and state capital contribution portions invested in enterprises that are established under the decisions issued, or of which management is authorized, by ministries or provincial People's Committees, and that are not transferred to the Committee for management of state capital at enterprises and the State Capital Investment Corporation in accordance with laws;

b) Wholly state-owned enterprises and state capital contribution portions invested in enterprises that are transferred to the Committee for management of state capital at enterprises and the State Capital Investment Corporation during the period of pending transfer.

3. The State Capital Investment Corporation shall exercise the right of representation for the state owner at enterprises that are transferred from ministries or provincial People’s Committees in accordance with laws.