Chương 5 Nghị định 206/2013/NĐ-CP: Quyền, trách nhiệm của các bộ, ủy ban nhân dân cấp tỉnh

Chapter V

RIGHTS AND RESPONSIBILITIES OF MINISTRIES AND PROVINCIAL-LEVEL PEOPLE’S COMMITTEES

Article 20. Rights and responsibilities of line ministries and provincial-level People’s Committees

1. To exercise the rights and perform their responsibilities within the scope of their functions and tasks defined by law. To regularly supervise, examine and assess debts of parent companies of state economic groups, parent companies of state corporations, and single-member limited liability companies established by line ministries or provincial-level People’s Committees or assigned to them for management. If identifying any companies that meet difficulties in the recovery and payment of debts, line ministries and provincial-level People’s Committees shall request and direct these companies to make remediation plans and report them to competent agencies for consideration and decision.

2. To direct and urge the Members’ Councils, chairpersons of the Members’ Councils (company presidents) and directors general (directors) of enterprises to issue Regulations on debt management according to Clause 1, Article 4 of this Decree.

3. To direct representatives in voting and deciding on issues related to the management and handling of debts at the General Shareholders’ Meetings or meetings of the Boards of Directors of enterprises with state capital.

4. To request representatives to regularly supervise and examine and report on a periodical basis or upon request on the management and handling of debts at enterprises with contributed state capital; to give timely directions when these enterprises fail to ensure recovery and payment of debts.

5. Annually before March 31, to make reports summarizing, analyzing and assessing debts of the previous year of state economic groups, state corporations and single-member limited liability companies and companies with contributed state capital established by line ministries and provincial-level People’s Committees or assigned to them for management, to the Ministry of Finance for summarization and reporting to the Government.

Article 21. Rights and responsibilities of the Ministry of Finance

1. To assume the prime responsibility for studying and formulating for reporting to the Government mechanisms of management of debts of enterprises; to guide criteria for supervision and assessment of the debt payment capability of enterprises, and the setting up and use of provisions for bad debts.

2. To coordinate with line ministries and provincial-level People’s Committees in supervising, inspecting and assessing debts of state economic groups, state corporations and single-member limited liability companies established by line ministries and provincial-level People’s Committees or assigned to them for management.

3. To annually review and report on the situation of debts of enterprises to the Government.