Quyết định 37/2014/QD-TTg

DECISION

ON CRITERIA, LISTS FOR CLASSIFICATION OF STATE-OWNED ENTERPRISES

Pursuant to Law on Organization of the Government dated December 25, 2001;

Pursuant to Law on Enterprises dated November 29, 2005;

Pursuant to the Decree No. 99/2012/ND-CP of the Government on assigning, classifying for the implementation of powers, duties, obligations of the state-owned enterprises owned by the State and state capital in the enterprises dated November 15, 2012;

Pursuant to the Decree No. 71/2013/ND-CP of the Government on investing state-owned capital and  financial management of enterprises of which 100% of state-owned charter capital is held by the State dated July 11, 2013;

At the request of the Minister of Ministry of Planning and Investment;

The Prime Minister issues the Decision to the criteria, lists for classification of the stated-owned enterprises.

Article 1.  The criteria, lists for classification of the state-owned enterprises are promulgated together with this Decision.

Article 2. Scope and regulated entities

1. Scope:

The criteria, lists for classification of the state-owned enterprises issued together with this Decision are the basis for classifying and enhancing restructuring of existing state-owned enterprises.

2. Regulated entities

a) One –member limited liability companies whose establishment is decided by the Prime Minister , Ministers, Heads of ministerial agencies, Heads of Government  Bodies, the Chairperson of People's Committees of provinces and centrally-governed cities (hereinafter referred to as provinces), the Boards of members of State-owned Corporations.

b) The joint stock companies, multi-member limited liability companies of which over 50% of the total shares and  contributed capital are held by the Ministries, Ministerial agencies, Government Bodies, the People's Committees of provinces, the Boards of Management of Economic Groups and the state-owned Corporations.

Article 3. Implementation

The Ministries, Ministerial agencies, Government Bodies and the People’ Committees of centrally governed provinces and cities, the Boards of Management of Economic Groups and state-owned Corporations pursuant to this Decision are responsible for:

1. Checking, classifying and supplementing arranging plan for the state-owned enterprises period 2014-2015 and formulating arranging plan for period later and requesting to the Prime Minister for the third quarter of year 2014.

2. Deciding or requesting to the competent authorities to decide the adjustment of shares ratio State holdings on implementing the equitization of the enterprises approved by the Prime Minister period 2011-2015.

3. Basing on the reality situation to formulate the line and organize sale of the state-owned capital in joint stock companies and multi-member limited liability companies.

4. By January 20 every year, a report on arrangement of state-owned enterprises under their management shall be sent to the Ministry of Planning and Investment. Then, the Ministry of Planning and Investment shall send a summary report to the Prime Minister.

5. Any special situation that needs to be dealt with in contravention of this Decision shall be reported to the Prime Minister for consideration and decision.

Article 4.  Responsibilities for implementation

This Decree shall come into force since August 06, 2014 and supersede the Decree No. 14/2011/QD-TTg dated March 04, 2011 of the Prime Minister.

The Ministers, Heads of Ministerial Bodies, Heads of Government Bodies, the Chairperson of People's Committees of centrally governed provinces and cities, the Boards of Management of Economic Groups and state-owned Corporation shall be liable to execute this Decree.

The Ministry of Planning and Investment shall be responsible for monitoring and speeding up the Ministries, Sectors, locality, Economic Groups and the state-owned Corporations for the implementation of this Decision and annual summing up, making report to the Governmental Prime Minister.

THE CRITERIA, LISTS FOR CLASSIFICATION OF STATE-OWNED ENTERPRISES

(Issued together with the Decree No. 37/2014/QD-TTg dated June 18, 2014 of the Prime Minister)

I. THE STATE SHALL HOLD 100% OF CHARTER CAPITAL OF THE ENTERPRISES ENGAGED IN:

1. Fulfillment of National Defense and Security tasks as regulated of the Government.

2. Manufacturing and supplying industrial explosive materials.

3. Manufacturing and supplying toxic chemicals.

4. Transmitting, dispatching the national power system, multi-purpose hydropower and nuclear power particularly important to the economy and society associated with the National Defense and Security.

5. Managing, operating the infrastructure system of the national and the urban railway; controlling the national and the urban railway transportation.

6. Managing, operating airports playing an important role to National Defense and Security; flight assurance services.

7. Assurance of maritime safety.

8. Providing public postal services.

9. Lotteries

10. Publishing (excluding printing and publishing)

11. Printing money and casting coins.

12. Map measurement serving National Defense and Security.

13. Managing, operating the irrigation system, inter-provincial and inter-district agricultural hydraulic engineering and stone revetment.

14. Planting and protecting watershed forest, protection forest, and specialized forest.

15. Credit extension serving the economic and social development.

16. The member enterprises that play an important role in business operation and strategy development, hold the secret of business and technological secrets, and of which 100% of capital must be held by state-owned Corporations to perform their tasks and the main business line.

II. THE FOLLOWING ENTERPRISES SHALL BE EQUITIZED AND AT LEAST 75% TOTAL SHARES OF WHICH SHALL BE HELD BY THE STATE

1. Managing, using and maintaining airports (excluding airports stated in Section I).

2. Managing, operating national integrated seaports and international gateway.

3. Managing, maintaining the system of roads and inland waterways.

4. Maintaining the infrastructure system of the national railway.

5. Providing the telecommunication infrastructure.

6. Extraction of minerals on a large scale.

7. Extraction of petroleum and natural gas.

III. THE FOLLOWING ENTERPRISES SHALL BE EQUITIZED AND 65% TO ABOVE 75% OF THE TOTAL SHARES OF WHICH SHALL BE HELD BY THE STATE

1. Processing petroleum and natural gas.

2. Producing cigarette.

3. The enterprises satisfying the essential requirements for development of production and raising the living standards of ethnic peoples in mountainous, remote and isolated areas.

4. Planting and processing rubber and coffee; planting and managing forests in strategic areas, mountainous, remote and isolated areas associated with National Defense and Security.

5. The enterprises with the role of assuring major economic balancing and stable market operating in the following industries and sectors:

a) Wholesaling of preventive and treating medicines;

b) Wholesaling of foods;

c) Wholesaling of gasoline.

6. Finance and Banking (excluding insurance, securities, asset management companies, and financial leasing companies).

7. Air transportation.

8. Distribution of electricity.

IV. THE FOLLOWING ENTERPRISES SHALL BE EQUITIZED AND ABOVE 50% TO BELOW 65% OF THE TOTAL SHARES OF WHICH SHALL BE HELD BY THE STATE

1. Urban water drainage.

2. Environmental sanitation.

3. Urban lighting.

4. Manufacturing and supplying urban clean water.

5. Fundamental investigation into geology and hydrography and meteorology; exploration of, survey, investigation into the land resources, water resources, mineral resources and other types of natural resources.

6. Manufacturing and storing seeds and animal sperm; manufacturing biomedical vaccines and veterinary vaccines.

7. Manufacturing the basic chemicals, chemical fertilizers and plant protection drugs.

8. Planting, processing rubber and coffee; planting and managing the forests in the areas not mentioned in section III.

9. International sea transportation and railway transportation.