Quyết định 26/2021/QD-TTg

DECISION

CLASSIFICATION SYSTEM OF INDUSTRIES SUBJECT TO REQUIREMENT FOR TRANSFORMATION OF PUBLIC SERVICE DELIVERY UNITS INTO JOINT-STOCK COMPANIES

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amending and Supplementing certain Articles of the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Government’s Decree No. 150/2020/ND-CP dated December 25, 2020, prescribing the transformation of public service delivery units into joint-stock companies;

Upon the request of the Minister of Planning and Investment;

The Prime Minister hereby issues the Decision on the classification system of industries subject to the requirement for transformation of public service delivery units into joint-stock companies.

Article 1. Scope and subjects of application

1. Scope of application

This Decision provides for the classification system of industries subject to the requirement for the transformation of public service delivery units into joint-stock companies and the percentage of state ownership interests in joint-stock companies.

2. Subjects of application

Public service delivery units, entities and persons referred to in Article 2 of the Government’s Decree No. 150/2020/ND-CP dated December 25, 2020 on the transformation of public service delivery units into joint-stock companies (hereinafter referred to as Decree No. 150/2020/ND-CP).

Article 2. Classification system of industries subject to the requirement for the transformation of public service delivery units into joint-stock companies and the percentage of state ownership interests in joint-stock companies

1. The classification system of industries of public service delivery units transformed into joint-stock companies of which the state holds over 50% of charter capital encompasses potable water abstraction, production and supply; urban and rural drainage.

2. The classification system of industries of public service delivery units transformed into joint-stock companies of which the State holds half or less of charter capital or does not hold shares; of which the State holds from greater than 35% to 50% of charter capital in the first offering with the aim of ensuring the State’s roles, stabilizing their apparatus and maintaining the quality of services and utilities provided after corporatization, includes:

a) Environmental sanitation, wastewater treatment;

b) Public lighting;

c) Consulting in such sectors as urban planning, accounting, auditing, tax, valuation, market research, social polling, business management consulting;

d) Technical support for scientific and technological researches; services related to intellectual property, technology transfer, technical standards and regulations, measurement of product and commodity quality; information, consulting, training, coaching, dissemination and application of scientific and technological achievements in socio-economic sectors;

dd) Labour market information, employment and placement, support for the development of labour relations, offshore recruitment and employment (except employment service centers managed by Departments of Labour, War Invalids and Social Affairs of provinces and centrally-affiliated cities and by the Ministry of Labour, War Invalids and Social Affairs);

e) Road management and maintenance;

g) Management and maintenance of water and road transport terminals;

h) Driver training and testing (not operating as schools);

i) Commercial operation of exhibition, trade promotion and investment facilities;

k) Supporting services and provision of market and tourism promotion information;

l) Management of real estate, markets and shopping centers;

m) Business in guest houses, hotels; short stay accommodation and convention services;

n) Infrastructure development of industrial parks, industrial clusters and supporting services in industrial parks and industrial clusters (except land fund development).

Article 3. Responsibilities of Ministries, ministry-level agencies, Governmental bodies, provincial People's Committees, other organizations and individuals concerned

1. Ministries, ministry-level agencies, Governmental bodies, provincial People's Committees, Vietnam National University in Hanoi and Ho Chi Minh city, other organizations and individuals concerned shall assume the following responsibilities:

a) Scrutinize public service delivery units under their management (including those approved in the List of public service delivery units transformed into joint stock companies before 2021, but not yet obtaining decisions on announcement of their value) that meet the conditions specified in Clause 1 and 2 of Article 4 of the Decree No. 150/2020/ND-CP and fall into the industries or sectors specified in Article 2 of this Decision, and seek the Prime Minister’s approval of the List of public service delivery units transformed into joint stock companies for the 2021-2025 period in the fourth quarter of 2021.

b) Review and report to the Prime Minister to seek his approval of the roadmap and percentage of state capital to be divested from joint stock companies (already completing settlement and transfer between public service delivery units and joint stock companies), ensuring that the percentage of state ownership interests conforms to the provisions of Article 2 of this Decision.

c) Report to the Prime Minister to seek his decision on cases of failure to comply with Article 2 of this Decision.

2. District-level People's Committees; Boards of Directors or Presidents of enterprises of which charter capital is wholly held by the State; public service delivery units belonging to units controlled by Ministries, Ministerial-level agencies, Governmental bodies; public service delivery units belonging to specialized agencies and other administrative organizations of the provincial People's Committees; public service delivery units superior to public service delivery units, shall be responsible for scrutinizing their directly-controlled public service delivery units that meet the conditions specified in Clause 1 and 2 of Article 4 of the Decree No. 150/2020/ND-CP and fall into the industries and sectors specified in Article 2 of this Decision, and reporting them to Ministries, Ministerial-level agencies, Governmental bodies, provincial People's Committees, Vietnam National University in Hanoi and Vietnam National University in Ho Chi Minh city to prepare a general report for submission to the Prime Minister to seek his approval of the List of public service delivery units transformed into joint stock companies during the 2021-2025 period according to the provisions of Point a of Clause 1 of Article 3 in this Decision.

Article 4. Responsibilities of the Ministry of Planning and Investment

1. Preside over and cooperate with Ministries, provincial-level People's Committees and relevant authorities in studying and evaluating equitization policies and percentage of state ownership interests in enterprises upon transformation of public service delivery units operating in the following industries and sectors, including occupational safety and health inspection, construction inspection, technical inspection of motor vehicles and watercraft, production and preservation of parent plants and livestock, etc.; reporting to the Prime Minister to seek his decision for uniform implementation nationwide in November 2021.

2. Implementing responsibilities under the provisions of point b of clause 10 of Article 39 in the Decree No. 150/2020/ND-CP.

Article 5. Implementation responsibilities

1. This Decision shall take effect as from October 1, 2021 and replace the Prime Minister's Decision No. 31/2017/QD-TTg dated July 17, 2017 on classification criteria and system of industries subject to the requirement for transformation of public service delivery units into joint stock companies.

2. Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, Presidents of provincial People’s Committees, Director of Vietnam National University in Hanoi, Director of Vietnam National University in Ho Chi Minh city, Presidents of district-level People’s Committees, Presidents of Boards of Directors or Presidents of enterprises of which charter capital is wholly held by the State, and Heads of public service delivery units superior to public service delivery units, shall be responsible for implementing this Decision./.