Chương V Nghị định 16/2023/NĐ-CP: Điều khoản thi hành

Chapter V

IMPLEMENTATION PROVISIONS

Article 15. Entry into force and grandfather clauses

1. This Decree is entering into force as from the signature date.

2. This Decree shall replace and annul regulations on national defence enterprises laid down in clause 1 of Article 1, clause 2 of Article 2, Article 13 through Article 19, clause 1 of Article 23, clause 3 of Article 30, clause 3 of Article 34, clause 1 and 2 of Article 35 in the Decree No. 47/2021/ND-CP. 

3. Enterprises that have been granted or re-granted recognition as defense and security enterprises according to the regulatory provisions of the Government’s Decree No. 93/2015/ND-CP dated October 15, 2015 on organization, management and operation of defense and security enterprises shall implement the policies applicable to enterprises and employees at enterprises directly serving national defense and security functions specified in this Decree until the expiry date of 3 years from the issuance date of decision on grant or re-grant of recognition of defense and security enterprises. Enterprises that have been granted or re-granted recognition as defense and security enterprises according to the regulatory provisions of the Decree No. 47/2021/ND-CP shall implement the policies applicable to enterprises and employees at enterprises directly serving national defense and security functions specified in this Decree until the expiry date of 5 years from the issuance date of decision on grant or re-grant of recognition of defense and security enterprises.

Article 16. Implementation responsibilities

1. The Ministry of Finance shall take charge of, and cooperate with the Ministry of Labor, War Invalids and Social Affairs, and the Ministry of Public Security in, providing guidance on the implementation of financial support from the state budget specified in point b, c, d, dd and e of clause 1 of Article 7 in this Decree.

2. The Ministry of National Defense and the Ministry of Public Security shall provide guidance on the implementation of the reporting, information disclosure, inspection and supervision regime for enterprises directly serving national defense and security functions, and enterprises serving both business and national defense, security functions; standards, conditions and procedures for appointment, dismissal, discharge, rewarding and disciplining of executives, controllers, and heads of the Control Boards of enterprises directly serving national defense and security functions, and executives, controllers, Heads of the Control Boards, representatives of the state capital portion invested in enterprises serving both business and national defense, security functions; assignment of task and ordering of production and supply of products and services by enterprises; prices, unit prices or costs of production and supply of defense and security products and services and tasks specified in this Decree. 

3. The Ministry of Planning and Investment shall be responsible for monitoring and evaluating the implementation of the regulatory provisions of this Decree.

4. Entities and persons involved in the process of management and operation of enterprises directly serving national defence and security functions, and enterprises serving both business and national defence, security functions; procedures for disclosure of information by state enterprises shall be responsible for enforcing this Decree.