Chương 6 Nghị định 64/2002/NĐ-CP: Tổ chức thực hiện

Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 30.- Powers and responsibilities of the ministries, the provincial/municipal People’s Committees and the managing boards of State corporation

1. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run cities, and the managing boards of corporations 91 shall have to formulate overall schemes on the arrangement of State enterprises under their respective management, submit them to the Prime Minister for approval and be responsible for organizing their implementation. Where they fail to materialize the already approved plans, the heads of the enterprises-managing agencies must be subject to various disciplining forms according to current regulations.

2. On the basis of the State enterprise-arrangement schemes already approved by the Prime Minister:

a/ The managing boards of State corporations shall direct the formulation of plans on the equitization of their corporations member enterprises, then report them to the ministers in charge of the relevant economic and technical branches or the presidents of the provincial/municipal People’s Committees for decision.

b/ The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the provincial/municipal People’s Committees shall decide on the equitization of enterprises under their respective management, organize the valuation of enterprises, decide on the value of enterprises, approve the equitization plans on transforming State enterprises into joint-stock companies under the guidance of the concerned agencies. Enterprises where the State needs to hold special shares, their equitization plans must be submitted to the Prime Minister for decision.

3. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, and the presidents of the People’s Committees of the provinces and centrally-run cities shall decide on or adjust the values of enterprises. Where the actual value of the State capital portion at an enterprise is VND 500 million or more lower than the value recorded on accounting books, the written approval of the Finance Minister must be obtained before such decision is made.

4. The dossiers on the valuation of enterprises, the plans on the equitization of State enterprises and documents on equitization, made by the ministries, the ministerial-level agencies, the agencies attached to the Government, the provincial/municipal People’s Committees and State corporations, must be sent to the Steering Committee for the Renewal and Development of Enterprises, the Finance Ministry, for monitoring, summing up and reporting to the Prime Minister.

5. The Steering Committee for the Renewal and Development of Enterprises, the Finance Ministry, shall have to assist the Prime Minister in directing, inspecting, supervising and urging the ministries, the ministerial-level agencies, the agencies attached to the Government, the provincial/municipal People’s Committees and State corporations in implementing the equitization work according to law provisions and the already approved plans on the arrangement of State enterprises.

Article 31.- Business registration of joint-stock companies

After selling out shares and holding the shareholders’ general meetings under the provisions of the Enterprise Law, the State enterprises must make business registration under the provisions of the Government’s Decree No. 02/2000/ND-CP of February 3, 2000 on business registration and operate under the Enterprise Law after they are granted the business registration certificates.

Article 32.- Management of State capital portions at joint-stock companies

1. The State capital portions at joint-stock companies shall be managed under the provisions of the Government’s Decree No. 73/2000/ND-CP of December 6, 2000 issuing the Regulation on the management of the State capital portions at other enterprises. Those who are working at State enterprises at the time of equitization and assigned to directly manage the State capital portions at the joint-stock companies shall be entitled to buy shares like other laborers in the enterprises.

2. For equitized enterprises where the State does not need to hold dominant shares or special shares, the agencies representing the owners of the State capital amounts at the joint-stock companies shall be entitled to decide on the further sale of shares under the State�s ownership in the joint-stock companies three years after the joint-stock companies operate under the Enterprise Law.

Article 33.- The ministries, the ministerial-level agencies, the agencies attached to the Government, and the People’s Committees of the provinces and centrally-run cities shall have to solve problems faced by the equitized enterprises according to their assigned competence within 15 days after receiving the full dossiers thereon. For any problems fall beyond their competence, they should promptly report them to the Prime Minister for consideration and decision.