Decision No. 10/NQ-CP (1) promulgates the Action Program of the Government to implement Resolution No. 42/2009/QH12 of the National Assembly on enhancing the effectiveness and efficiency of policies and laws governing the management and use of state capital and assets at state-owned corporations and holding companies.

RESOLUTION

Issuing the Program of Action of the Government to Implement Resolution No. 42/2009/QH12 of the National Assembly on Enhancing the Effectiveness and Efficiency of Policy Implementation and Legal Regulations for State Capital and Asset Management and Utilization at State-owned Corporations and Companiesregarding enhancing the effectiveness and efficiency of policy implementation and legal regulations for state capital and asset management and utilization at state-owned corporations and companies,state assets at corporations and state-owned holding companies

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GOVERNMENT

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

Pursuant to Resolution No. 42/2009/QH12 dated November 27, 2009 of the National Assembly on Enhancing the Effectiveness and Efficiency of Policy Implementation and Legal Regulations for State Capital and Asset Management and Utilization at State-owned Corporations and Companies;

Considering the proposal of the Minister, Chairman of the Government Office,

RESOLUTION:

Article 1. This Resolution promulgates the Program of Action of the Government to implement Resolution No. 42/2009/QH12 dated November 27, 2009 of the National Assembly on Enhancing the Effectiveness and Efficiency of Policy Implementation and Legal Regulations for State Capital and Asset Management and Utilization at State-owned Corporations and Companies.

Article 2. This Resolution takes effect from the date of its promulgation.

Article 3. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of People's Committees of provinces and centrally governed cities, and Chairmen of Boards of Directors of state-owned corporations and companies are responsible for implementing this Resolution.

PROGRAM OF ACTION OF THE GOVERNMENT

To Implement Resolution No. 42/2009/QH12 of the National Assembly on Enhancing the Effectiveness and Efficiency of Policy Implementation and Legal Regulations for State Capital and Asset Management and Utilization at State-owned Corporations and Companies

(Attached to Resolution No. 10/NQ-CP dated February 23, 2010 of the Government)
The sixth session of the XIIth National Assembly adopted Resolution No. 42/2009/QH12 dated November 27, 2009 on Enhancing the Effectiveness and Efficiency of Policy Implementation and Legal Regulations for State Capital and Asset Management and Utilization at State-owned Corporations and Companies. To implement the Resolution of the National Assembly, the Government has developed an Action Program with the following main contents:

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I. MAIN TASKS:

1. Continue reviewing, amending, supplementing, and perfecting regulatory legal documents on enterprise management; state capital and asset management and utilization and land management at state-owned corporations and companies; reforming, restructuring, and privatizing wholly state-owned enterprises.

Draft the Law on State Capital and Asset Investment in Business Operations and amend and supplement related laws to submit to the National Assembly for promulgation. Pending the promulgation of the law, the Government will issue a Decree on state capital and asset management and investment operations.

Study to clearly separate the functions of exercising ownership rights from administrative state management functions of administrative state agencies; clearly distinguish the exercise of ownership rights from the initiative in business operations of enterprises; respect the autonomy and responsibility for business operations of enterprises. Perfect the mechanism for分级回答

2. Review, analyze, and comprehensively evaluate the effectiveness of the economic group and state corporation model. For each state corporation, it is necessary to analyze and evaluate its position and role in the economy and technical industry; organizational structure, management, and operation models; business operation effectiveness; state supervision over the economic group and state corporation.

Issue the Charter of organization and operation of newly established economic groups; amend and supplement the charters of economic groups in accordance with Government Decree No. 101/2009/NĐ-CP dated November 5, 2009 on piloting the establishment, organization, operation, and management of state-owned economic groups.

Resolutely reorganize state corporations that have been operating ineffectively, losing money for many years, and have no recovery potential; at the same time, clarify the collective and individual responsibilities for the losses of the state corporation and handle them according to the law.

Summarize the handling of debts in the state-owned enterprise sector and find effective measures to resolve the problem of lingering debts and unhealthy debt occupancy.

3. Identify industries and sectors that need state-owned economic groups or state corporations in the next 5 to 10 years; determine which industries and sectors the state should hold 100% equity or control in the parent company.

Organize and restructure state corporations and state companies to form strong state corporations capable of influencing the economy, with increasingly significant positions and roles, and sufficient strength to compete with domestic and global enterprises.

Accelerate the progress of restructuring, reforming, and privatizing state-owned enterprises. Establish appropriate regulations and methods to effectively privatize state-owned economic groups and corporations.

5. Review the business sectors, investment portfolios, and organizational structures of economic groups and corporations to adjust them to ensure that they operate in multiple industries but focus on core production and business activities, with other businesses carefully selected based on the strengths of the economic group or corporation, with a certain proportion of investment.

6. Specify detailed reporting and transparency mechanisms for the results of operations of state-owned economic groups and corporations, including profit distribution, based on clear criteria to serve as a basis for inspection, supervision, auditing, and monitoring.

Clearly define the standards for selecting managerial personnel for economic groups and corporations; their powers, responsibilities, benefits; sanctions for violations; specific reward and punishment mechanisms.

7. Study and build a new management system for salaries and bonuses in state-owned economic groups and corporations, giving enterprises more autonomy while ensuring a balance of interests between the state, enterprises, and employees; establish salary and bonus regulations for managers of state-owned enterprises.

7. Study and develop mechanisms to reform salary and bonus management in corporations and state-owned holding companies, granting enterprises autonomy while ensuring harmony between the interests of the State, enterprises, and employees; establish salary and bonus regulations for managers of state capital in enterprises with state capital.

8. Summarize, evaluate the organizational model and operations of the State Capital Investment Corporation; perfect the mechanism for state capital representatives based on clarifying their legal status, relationships with capital management agencies, state management agencies, and determining the lead agency responsible for personnel management for this cadre. Amend and supplement legal provisions to adjust appropriately to the special activities of the State Capital Investment Corporation.

II. IMPLEMENTATION:

1. Based on the main tasks and work contents outlined above and the attached Appendix, relying on the functions and assigned responsibilities, the Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairpersons of provincial People's Committees under central cities, and Chairpersons of State-owned enterprise boards shall immediately organize the implementation of this Action Program to ensure timely and effective fulfillment of the contents of Resolution No. 42/2009/QH12 dated November 27, 2009 of the National Assembly.

2. The Ministry of Finance shall take the lead and coordinate with relevant agencies to prepare the Government's report on enhancing the effectiveness of policies and laws governing the management and utilization of state capital and assets at state-owned corporations and groups, to be reported at the eighth session of the XIIth National Assembly.

3. The Steering Committee for Enterprise Reform and Development shall be responsible for monitoring and urging ministries, sectors, localities, state-owned corporations, and groups to implement this Action Program; reporting and recommending to the Government, Prime Minister, and related agencies necessary measures to ensure that the Program is implemented on schedule, effectively, and consistently./.