Chapter II
DUTIES, POWERS AND RESPONSIBILITIES OF CMSC
Article 4. Formulating and organizing implementation of strategies, plans and programs
1. Formulate and submit master plans for investment and development of enterprises under the management of CMSC according to socio-economic development strategies or plans and relevant plans approved by competent authorities to the Government and the Prime Minister.
2. Formulate and submit long-term, 05-year and annual operating plans and programs of CMSC to the Government and the Prime Minister in accordance with laws.
3. Organize implementation of strategies, plans and programs for management of state capital in enterprises approved by competent authorities.
Article 5. Performing duties and powers of the owner’s representative as regulated by laws
1. Propose charters of state-owned enterprises established according to the Prime Minister’s decisions and of which CMSC represents the owner to competent authorities for promulgation and modifications.
2. Advise and assist the Prime Minister to exercise rights and take on duties to enterprises of which CMSC acts as the owner’s representative, including:
a) Play the leading role and collaborate with the Ministry of Finance and the Ministry of Planning and Investment in requesting the Prime Minister to make decision on state capital invested in enterprises in accordance with the Law on use and management of state capital invested in manufacturing and business operations of enterprises;
b) Play the leading role and collaborate with the Ministry of Planning and Investment, the Ministry of Finance and relevant authorities in requesting the Prime Minister to make decisions on restructuring, ownership transfer, dissolution and petition for bankruptcy of enterprises which are established according to decision of the Prime Minister;
c) Play the leading role and collaborate with the Ministry of Finance on requesting the Prime Minister to make decisions on the charter capital of new enterprises and adjustment of charter capital of operating enterprises established according to decision of the Prime Minister;
d) Play the leading role and collaborate with the Ministry of Planning and Investment, the Ministry of Finance and relevant authorities in requesting the Prime Minister to give approval for 05-year investment and development strategies or plans and business and production plans of enterprises established according to decision of the Prime Minister;
dd) Play the leading role and collaborate with the Ministry of Home Affairs in requesting the Prime Minister to make decisions on planning, appointment, re-appointment, dismissal, approval for resignation, dispatch, alternation, rewarding, punishment, discharge and retirement of Presidents of Boards of Members of enterprises established according to decision of the Prime Minister;
Play the leading role and collaborate with the Ministry of Home Affairs in requesting the Prime Minister to make decisions on appointment of Presidents of Boards of Members of enterprises established according to decision of the Prime Minister after obtaining the consent from the Government’s Party Civil Affairs Committee in conformity with the enterprise's charter.
Play the leading role and collaborate with the Ministry of Home Affairs in requesting the Prime Minister to make decisions on appointment of the General Director of the State Capital and Investment Corporation after obtaining the consent from the Government’s Party Civil Affairs Committee.
Play the leading role and collaborate with the Ministry of Home Affairs in getting opinions from the Government’s Party Civil Affairs Committee before giving written approval for appointment of General Directors of enterprises by Boards of Members as regulated in the enterprise's charter.
e) Play the leading role and collaborate with the Ministry of Planning and Investment, the Ministry of Finance and relevant authorities in requesting the Prime Minister to give approval for establishment schemes of enterprises that are established according to CMSC’s decision in accordance with the Law on use and management of state capital invested in manufacturing and business operations of enterprises;
g) Play the leading role and collaborate with the Ministry of Planning and Investment, the Ministry of Finance and relevant authorities in requesting the Prime Minister to give approval for master plans for arrangement and restructuring of enterprises of which CMSC acts as the owner’s representative;
h) Play the leading role and collaborate with relevant authorities in requesting the Prime Minister to make decisions on policies for transfer of state capital invested in enterprises between CMSC and the owner’s representative agencies, and between CMSC and enterprises specializing in the investment and trading of state capital.
3. Perform duties and powers in wholly state-owned enterprises of which CMSC represents the owner, including:
a) Decide the charter capital when establishing a new enterprise and adjust the charter capital of an existing enterprise, except for enterprises established according to the Prime Minister’s decision; make investment in supplementation to the charter capital of an existing enterprise in accordance with the Law on use and management of state capital invested in manufacturing and business operations of enterprises;
b) Make decisions on establishment, restructuring, ownership transfer, dissolution and petition for bankruptcy of enterprises in accordance with laws and in conformity with approved master plans for arrangement and restructuring of enterprises;
c) Introduce and revise the enterprise's charter, except for charters of enterprises established according to the Prime Minister’s decision;
d) Give approval for 05-year investment and development strategies and plans, except for those of enterprises established according to the Prime Minister’s decision; give approval for annual business and production plans;
dd) Make decisions on planning, appointment, re-appointment, dismissal, approval for resignation, dispatch, alternation, rewarding, punishment, discharge, retirement, salary, remuneration, bonus and other interests paid to Presidents and members of Boards of Members, Presidents of enterprises, Comptrollers, Financial Controllers of enterprises; make decisions on funds for salary, remuneration annually paid to corporate managers and comptrollers, except for those matters of enterprises established according to the Prime Minister’s decision;
e) Approve the request of Boards of Members or Presidents of enterprises for planning, appointment, re-appointment, dismissal, approval for resignation, dispatch, alternation, rewarding, punishment, discharge and retirement of General Directors or Directors of enterprises and holders of other executive positions as regulated.
Submit reports for getting opinions from the Government’s Party Civil Affairs Committee before giving written approval for the request of Boards of Members or Presidents of enterprises for appointment of General Directors of enterprises in conformity with the enterprise's charter;
g) Give authority to Boards of Members or Presidents of enterprises to make decision on capital mobilization plans, projects on investment, construction, purchase and sale of fixed assets, external investment projects and outward investment projects of enterprises in accordance with the Law on use and management of state capital invested in manufacturing and business operations of enterprises as well as other relevant laws.
h) Decide the transfer of the enterprise’s invested capital in joint-stock companies and multi-member limited liability companies if the value of disposed capital stays lower than its book value recorded on the enterprise’s accounting books after setoff or deduction of provisions against any loss on invested capital;
i) Decide policies on capital contribution, increase, reduction in capital amount, disposal of the enterprise’s invested capital in joint-stock companies and multi-member limited liability companies; decide the intention to acquire joint-stock companies and multi-member limited liability companies to become subsidiary companies and associate companies of the enterprise;
k) Approve financial statements, plan to distribute profits and set up annual funds for the enterprise;
l) Supervise, examine and inspect the management, utilization, preservation and development of capital, implementation of the strategy and plan for investment and development, and policies on recruitment, payroll, and bonus in accordance with laws;
m) Evaluate the operating outcome, efficiency in manufacturing and trading activities of the enterprise; evaluate the performance of the enterprise's managers and comptrollers in accordance with laws.
4. Perform duties and rights to a share of the state capital invested in joint-stock companies and multi-member limited liability companies of which CMSC represents the owner, including:
a) Adopt regulations on appointment, dismissal, discharge, alternation, dispatch, commendation, reward, penalties and decide salary, responsibility allowance, bonus and other benefits for the representative of state capital share in accordance with laws;
b) Exercise the delegated decision-making authority over an increase in capital, disposal of stocks and state investments in joint-stock companies and multi-member limited liability companies;
c) Control the divestment of invested capital, collection of distributable profits and dividends from joint-stock companies and multi-member limited liability companies;
d) Request the person representing the state capital share to perform their assigned tasks regulated in the Law on use and management of state capital invested in manufacturing and business operations of enterprises; give written advice on issues that the representative person is responsible to report and advise on;
dd) Examine, monitor and evaluate the performance of the representative person of state capital share.
5. Suggest the enterprise’s regulations on financial management to the Ministry of Finance, which shall be submitted to the Government for promulgation or revision; introduce and revise the enterprise’s regulations on financial management within its competence; give approval for the Board of Members for promulgation of the enterprise’s regulations on financial management within its competence as regulated in the enterprise’s charter.
6. Perform other duties and rights to fulfill functions of the owner’s representative as regulated by laws and assigned by the Government and the Prime Minister in management and use of state capital in enterprises.
Article 6. Performing duties and powers of a government agency as regulated by laws
1. Request the Government to consider deciding the establishment, restructuring and dissolution of divisions and units under the CMSC’s organizational structure.
2. Organize the training, retraining, recruitment, assignment, appointment, dismissal, dispatch, alternation, retirement, commendation, rewarding, punishment and other benefits of officials, public employees, representative of direct ownership in enterprises, representative of the capital share in enterprises of which CMSC represents the owner and workers under the CMSC’s competence in accordance with laws.
3. Make annual state budget estimates, 05-year and 03-year state budget - finance plans of CMSC for submission of them to competent authorities in accordance with laws. Collaborate with relevant authorities in formulating financial mechanism, policies, standards and limits on budget expenditures of CMSC in assigned sectors. Perform financial management and accounting works in accordance with laws.
4. Inspect the compliance with policies and laws, and the fulfillment of assigned duties of officials, public employees and workers under the management of CMSC; settle complaints and denunciations within its competence; prevent and combat corruption and carry out thrift practices in accordance with laws.
5. Formulate and organize the implementation of solutions for promotion of modern corporate governance in enterprises of which CMSC represents the owner.
6. Make decisions on investment projects within the competence of CMSC in accordance with laws.
7. Carry out international cooperation activities in accordance with laws.
8. Perform other duties and rights as assigned and delegated by the Government and the Prime Minister and as regulated by the Law on government agencies.
Article 7. Responsibilities of CMSC
1. Be held accountable to the Government, the Prime Minister and the law for the efficiency of utilization, preservation and increase in total state capital invested in enterprises managed by CMSC. Comply with regulations of the Law on investment, management and use of state capital invested in enterprises.
2. Do not directly get involved in manufacturing and business activities of an enterprise, and administrative work of the enterprise’s management; do not make decisions on issues managed under the delegated authority of the Board of Members, enterprise’s President, Shareholders’ General Meeting, Board of Directors, General Director or Director of enterprise in accordance with laws and the enterprise's charter.
3. Respect the public disclosure and transparency in investment, utilization and management of state capital invested in enterprises of which CMSC acts as the owner’s representative. Disclose information about investment, utilization and management of state capital invested in enterprises of which CMSC acts as the owner’s representative in accordance with laws.
4. Submit periodic reports or on-demand reports to the Government and the Prime Minister on the performance of assigned duties.
5. Prepare and provide competent authorities with reports serving the inspection of the CMSC’s performance of assigned and delegated objectives, functions, duties and powers as well as fulfillment of inspection and supervisions tasks in accordance with laws.
6. Propagate and disseminate policies and laws of the Government within the ambit of its assigned functions and duties.
7. Provide competent authorities with explanation about the investment, utilization and management of state capital invested in enterprises of which CMSC acts as the owner’s representative as delegated and assigned by the Government or the Prime Minister.
8. Fulfill other responsibilities as delegated by the Government or the Prime Minister and as regulated by laws.
Tìm kiếm
Nghị định 131/2018/NĐ-CP (Bản Word)
Nghị định 131/2018/NĐ-CP (Bản Pdf)