Decree No. 115/2014/ND-CP on the system of reporting and supervision of state-owned enterprises in implementing their strategies, plans, objectives, and assigned tasks.

 

DECREE

Regulations on the supervision and inspection of the implementation of strategies, plans, objectives, and assigned tasks of state-owned enterprises

plans, objectives, tasks assigned to state-owned enterprises

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

Pursuant to the Enterprise Law dated November 29, 2005;

At the proposal of the Minister of Planning and Investment,

The Government promulgates this Decree to regulate the system of supervision and inspection of the implementation of strategies, plans, objectives, and assigned tasks of state-owned enterprises.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree regulates the system of supervision and inspection of the implementation of strategies, plans, objectives, assigned tasks, and business sectors and industries of state-owned enterprises.

Strategies, plans, objectives, assigned tasks, and business sectors and industries of state-owned enterprises must be approved by the competent authority as prescribed in Articles 8, 9, 22, and 23 of Decree No. 99/2012/NĐ-CP dated November 15, 2012 of the Government on the delegation and decentralization of rights, responsibilities, and obligations of state owners towards state-owned enterprises and state capital invested in enterprises.

Article 2. Applicability

The objects subject to this Decree include:

1. State-owned enterprises holding 100% of the charter capital and their authorized representatives.

2. Authorized representatives for the state capital invested in state-owned enterprises where the state holds more than 50% of the charter capital.

3. Authorized representatives for the parent company's capital in state economic groups, state corporations, and parent companies in the parent company-subcompany model investing in enterprises where the parent company holds more than 50% of the charter capital.

4. Ministries, ministerial-level agencies, government agencies (hereinafter referred to as sector management ministries), provincial People's Committees (hereinafter referred to as provincial People's Committees), organizations, and individuals related to the supervision and inspection of the implementation of strategies, plans, objectives, and assigned tasks of state-owned enterprises.

Article 3. Explanation of Terms

In this Decree, the following terms shall be understood as follows:

1. "Assigned strategy of the enterprise" means the development strategy for production, business, and investment in the ten-year period that has been approved by the competent authority.

2. "Assigned plan of the enterprise" means the five-year and annual production, business, and investment development plans that have been approved by the competent authority.

3. "Supervision of the implementation of strategies and plans" refers to the regular monitoring and periodic or ad hoc inspections of the process of implementing the strategies and plans of the enterprise.

Parent company means the parent company of state economic groups; the parent company of state corporations; and the parent company in the parent company-subcompany model where the state holds 100% of the charter capital.

Chapter II
REGULATIONS ON THE SYSTEM OF SUPERVISION AND INSPECTION OF THE IMPLEMENTATION OF STRATEGIES, PLANS, OBJECTIVES, AND ASSIGNED TASKS OF STATE-OWNED ENTERPRISES HOLDING 100% OF THE CHARTER CAPITAL

STRATEGY, PLANS, OBJECTIVES, TASKS ASSIGNED TO

REGULATIONS ON THE SYSTEM OF SUPERVISION AND INSPECTION OF THE IMPLEMENTATION OF STRATEGIES, PLANS, OBJECTIVES, AND ASSIGNED TASKS OF STATE-OWNED ENTERPRISES HOLDING 100% OF THE CHARTER CAPITAL

Section 1
PROVISIONS ON THE SUPERVISION REGIME FOR THE IMPLEMENTATION OF STRATEGIES, REGULATIONS ON THE SYSTEM OF SUPERVISION OF THE IMPLEMENTATION OF STRATEGIES, PLANS, OBJECTIVES, AND ASSIGNED TASKS OF STATE-OWNED ENTERPRISES ENTERPRISES IN WHICH THE STATE HOLDS 100% CAPITAL CONTROL

Article 4. Rights and responsibilities of sector management ministries and provincial People's Committees

1. Regularly supervise the implementation of strategies and plans; evaluate the implementation of assigned objectives and tasks of state-owned enterprises holding 100% of the charter capital under the ministry or provincial People's Committee.

2. Based on the provisions of Article 7 of this Decree, sector management ministries and provincial People's Committees shall provide detailed guidance on the content of supervision of the implementation of strategies, plans, objectives, and assigned tasks of state-owned enterprises holding 100% of the charter capital under the ministry or provincial People's Committee.

3. Report on the implementation of strategies of state-owned enterprises holding 100% of the charter capital.

a) Before June 15 of the sixth year of implementing the strategy, submit a report evaluating the mid-term implementation of the assigned strategy of enterprises under the ministry or provincial People's Committee.

b) Within 90 days from the end of the ten-year strategy, submit a report evaluating the implementation of the assigned strategy of enterprises under the ministry or provincial People's Committee.

4. Report on the implementation of the five-year plan of state-owned enterprises holding 100% of the charter capital.

a) Before August 15 of the third year of the five-year plan, submit a report evaluating the mid-term implementation of the assigned five-year plan of enterprises under the ministry or provincial People's Committee.

b) Within 90 days from the end of the five-year plan, submit a report evaluating the implementation of the assigned five-year plan of enterprises under the ministry or provincial People's Committee.

5. Before June 15 each year, submit a report evaluating the implementation of the assigned plan, objectives, tasks, and business sectors and industries in the previous year of state-owned enterprises holding 100% of the charter capital under the ministry or provincial People's Committee.

6. Reports submitted within the specified time and content as stipulated in Clause 3, Clause 4, and Clause 5 of this Article shall be sent to the Ministry of Planning and Investment for consolidation.

7. Ministry of National Defense, Ministry of Public Security: Reports shall be sent to the Ministry of Planning and Investment and the Ministry of Finance according to the "Confidential" regime.

Article 5. Responsibilities of the Ministry of Planning and Investment

1. Report on the implementation status of strategies of enterprises in which the State holds 100% of the charter capital.

a) Before July 15 of the sixth year of implementing the strategy, report to the Government on the mid-term implementation status of the assigned strategies of enterprises nationwide.

b) Within 120 days from the end of the ten-year strategy, report to the Government on the implementation status of the assigned strategies of enterprises nationwide.

2. Report on the implementation status of five-year plans of enterprises in which the State holds 100% of the charter capital.

a) Before September 15 of the third year of the five-year plan, report to the Government on the mid-term implementation status of the assigned five-year plans of enterprises nationwide.

b) Within 120 days from the end of the five-year plan, report to the Government on the implementation status of the assigned five-year plans of enterprises nationwide.

3. Before July 31 each year, report to the Government on the implementation of plans, goals, tasks, and business sectors assigned to enterprises in which the State holds 100% of the charter capital nationwide.

Article 6. Rights and responsibilities of the Board of Members, Chairman of the Company

1. Regularly monitor the implementation of strategies and plans; evaluate the implementation of assigned goals and tasks of subsidiaries owned 100% by the parent company.

2. Report on the implementation status of strategies.

a) Before May 15 of the sixth year of implementing the strategy, submit a mid-term evaluation report on the implementation status of the assigned strategy of the enterprise.

b) Within 60 days from the end of the ten-year strategy, submit an evaluation report on the implementation status of the assigned strategy of the enterprise.

3. Report on the implementation status of five-year plans.

a) Before July 15 of the third year of the five-year plan, submit a mid-term evaluation report on the implementation status of the assigned five-year plan of the enterprise.

b) Within 60 days from the end of the five-year plan period, submit an evaluation report on the implementation status of the assigned five-year plan of the enterprise.

4. Report on the implementation status of annual plans.

a) Before July 15 each year, submit a forecast report on the implementation of the first six months and the entire year's targets and tasks assigned in the annual plan of the enterprise.

b) Before January 15 each year, submit a forecast report on the implementation of the previous year's assigned targets and tasks; submit the next year's plan report of the enterprise.

c) Before May 15 each year, submit a report on the implementation status of the assigned plan, goals, tasks, and business sectors of the enterprise in the previous year.

5. Submit reports within the prescribed deadlines and contents as stipulated in Clause 2, Clause 3, and Clause 4 of this Article to the relevant sectoral management agency and provincial People's Committee for consolidation.

6. In case of sudden requests for reports by state management agencies, the Board of Members and the Chairman of the Company shall be responsible for preparing reports according to the required content and ensuring the time frame as requested.

Article 7. Contents of reports on the implementation status of strategies, plans, goals, tasks, and assigned business sectors of enterprises in which the State holds 100% of the charter capital

1. Reports on the implementation status of strategies include the following main contents:

a) Evaluation of the implementation status of assigned goals, tasks, and business sectors in the strategy.

b) Progress and extent of implementation of measures outlined in the strategy including organizational measures for implementing the strategy.

c) Evaluation of limitations, violations, and reasons for non-implementation or poor implementation of the strategy.

d) Responsibilities of entities mentioned in Article 2 of this Decree in organizing the implementation of the strategy.

đ) Develop subsequent solutions to achieve strategic objectives.

2. Reports on the implementation status of plans include the following main contents:

a) Implementation status of key plan targets: revenue; profit; budget payment; primary product output (applicable to production enterprises).

b) Implementation status of assigned tasks: production, business, public service tasks.

c) Implementation status of assigned business sectors.

d) Progress of implementation of development investment projects in the five-year and annual plans.

đ) Implementation status of measures proposed in the plan.

e) Limitations and reasons for non-implementation or poor implementation of the plan.

g) Subsequent solutions to achieve plan targets or proposals to supplement and adjust the annual plan compared to the approved five-year plan (if necessary).

Section 2
REGULATIONS ON THE SYSTEM OF MONITORING THE IMPLEMENTATION OF STRATEGIES, PLANS, GOALS, TASKS ASSIGNED TO ENTERPRISESENTERPRISES IN WHICH THE STATE HOLDS 100% CAPITAL CONTROL

Article 8. Competence to inspect the implementation of strategies, plans, objectives, and assigned tasks of enterprises

1. The sector management ministry, provincial People's Committee shall be responsible for leading and coordinating with the Ministry of Planning and Investment and relevant ministries and sectors to inspect the implementation of strategies and plans; evaluate the implementation of assigned objectives and tasks of enterprises under their respective ministries and provincial People's Committees.

2. The Board of Directors and Chairman of companies where the State holds 100% of the charter capital shall be responsible for regularly inspecting the implementation of strategies and plans; evaluating the implementation of assigned objectives and tasks of wholly-owned subsidiaries.

Article 9. Contents of inspection on the implementation of strategies, plans, objectives, and assigned tasks of enterprises

1. Implementation of objectives and tasks; industries and business fields in the strategy and plan.

2. Progress in implementing investment development projects in the five-year and annual plans.

3. Progress and extent of implementing solutions outlined in the strategy and plan, including organizational measures for implementing the strategy and plan.

4. Violations and weaknesses in implementing the strategy and plan.

5. Results of implementing the strategy and plan; limitations and reasons for not achieving or poorly achieving assigned objectives and tasks.

6. Responsibilities of agencies, organizations, and individuals with authority in organizing the implementation of the strategy and plan (including responsibilities of the agency implementing the strategy and plan and those of related agencies).

7. Evaluation of the appropriateness of the strategy and plan compared to the industry development strategy and planning at the time of inspection.

Article 10. Inspection through reports

1. Inspection through reports is conducted periodically or at random according to the requirements of the competent inspection authority.

2. The contents of the report and the deadline for submitting the report must comply with the requirements of the competent inspection authority.

3. The agency tasked with inspection shall examine the report, process information, request verification of information, and issue an inspection conclusion.

4. Enterprises shall have at least 10 working days to prepare the report from the date they receive the request from the competent inspection authority.

In special cases, the time for enterprises to prepare the report for inspection shall be determined by the competent inspection authority.

Article 11. Inspection through meetings with inspected enterprises

1. Annually, at least once a year, the sector management ministry, provincial People's Committee shall lead and coordinate with relevant ministries and sectors to organize inspections of some enterprises regarding the implementation of strategies, plans, objectives, tasks, and assigned industries and business fields. The competent inspection authority shall invite representatives of the inspected enterprise to meet at its office or send representatives to meet at the inspected enterprise.

2. Criteria for selecting enterprises for inspection:

a) Enterprises subject to special financial supervision as stipulated in Article 10 of the Financial Supervision Regulation and Assessment of Operational Efficiency and Public Disclosure of Financial Information for State-Owned Enterprises and Enterprises with State Capital (issued together with Decree No. 61/2013/NĐ-CP dated June 25, 2013 of the Government).

b) Enterprises playing a significant role in market regulation, ensuring social welfare, and making substantial contributions to state budget revenues.

c) Enterprises failing to fully comply with reporting regulations on the implementation of strategies, plans, objectives, tasks, and assigned industries and business fields, or providing incomplete or inaccurate content as required.

Article 12. Organization of inspection teams

1. Establishment of inspection teams:

a) Inspection through the establishment of inspection teams recorded in the inspection plan of the competent authority for inspection, except in cases of surprise inspections. The inspection team is established based on the decision of the agency assigned the inspection task, and at the same time sends the decision and the content of the inspection to the inspected entity at least 10 working days before the inspection date.

b) In cases of surprise inspections, the inspection team must have the responsibility to notify the time and content of the inspection to the inspected entity at least 3 working days before the inspection date.

2. Activities of the inspection team:

a) The inspection team operates according to the plan approved by the competent authority.

b) The inspection team has the right to work directly with the inspected entity; request the inspected entity to report and provide information and documents serving the inspection.

c) The duration of the inspection team's activities is decided by the person who issued the decision to establish the inspection team, ensuring compliance with the regulations on inspection and supervision.

3. During the inspection process, the head of the inspection team proceeds to prepare minutes to confirm the collection and provision of information and documents related to the inspection content. The minutes must include the following contents:

a) Date of recording the record;

b) Full name and position of the head of the inspection team;

c) Full name and position of the representative of the inspected enterprise;

d) Information and documents collected and provided;

đ) Confirmation by the head of the inspection team and the representative of the inspected enterprise.

Article 13. Report on the results of the inspection

1. Immediately after completing the inspection, the inspection team must prepare a report on the inspection results. The maximum time for preparing the inspection result report is 10 working days.

2. The content of the report includes the following issues:

a) Basis for conducting the inspection;

b) Time and location of the inspection;

c) Composition of the inspection team;

d) Inspection contents;

đ) Achievements and violations, weaknesses in implementing strategies, plans, goals, and assigned tasks;

e) Opinions of participating agencies and recommendations of the leading agency regarding the handling of the inspection results;

g) Suggestions of the inspected enterprise regarding amendments and supplements to inappropriate strategies and plans;

h) Conclusions on handling within the scope of authority or recommendations to the competent authority for handling and rectifying violations and weaknesses in implementation, as well as suggestions for amending, supplementing, or abolishing part or all of inappropriate strategies and plans.

3. The draft report on the inspection results must be sent to the participating agencies for comments before being submitted to the competent authority for decision.

4. The report on the inspection results is sent to the Ministry of Planning and Investment for consolidation and reporting to the Government on the implementation of strategies, plans, goals, and assigned tasks by enterprises in which the State holds 100% of the charter capital.

5. In cases where the Board of Directors or Chairman of the company (belonging to an enterprise in which the State holds 100% of the charter capital) inspects the implementation of assigned strategies and plans by wholly-owned subsidiaries: The report on the inspection results is sent to the sector management ministry and the provincial People's Committee for consolidation.

Chapter III
REGULATIONS ON SUPERVISION AND INSPECTION OF THE IMPLEMENTATION OF STRATEGIES, PLANS, GOALS, AND ASSIGNED TASKS BY ENTERPRISES IN WHICH THE STATE HOLDS MORE THAN 50% OF THE CHARTER CAPITAL

Section 1
PROVISIONS ON THE SUPERVISION REGIME FOR THE IMPLEMENTATION OF STRATEGIES, REGULATIONS ON THE SYSTEM OF SUPERVISION OF THE IMPLEMENTATION OF STRATEGIES, PLANS, OBJECTIVES, AND ASSIGNED TASKS OF STATE-OWNED ENTERPRISES ENTERPRISES IN WHICH THE STATE HOLDS MORE THAN 50% OF THE CHARTER CAPITAL

Article 14. Rights and responsibilities of the Ministry managing the industry, the People's Committee of the province, the Board of Directors or the Chairman of the company of enterprises in which the State holds 100% of the charter capital

1. The Ministry managing the industry, the People's Committee of the province has the right to request the Representative to report for supervision of the implementation of strategy and plans; evaluate the implementation of objectives and tasks assigned to enterprises in which the State holds more than 50% of the charter capital.

2. Based on the provisions of Article 7 of this Decree, the Ministry managing the industry, the People's Committee of the province shall provide detailed guidance on the content of supervision of the situation of implementing strategies, plans, objectives, and tasks assigned to enterprises in which the State holds more than 50% of the charter capital under the Ministry, the People's Committee of the province.

3. Report evaluating the situation of implementing the strategy of enterprises in which the State holds more than 50% of the charter capital under the Ministry, the People's Committee of the province.

a) Before June 15 of the sixth year of implementing the strategy, submit reports evaluating the mid-term implementation situation of the strategy of the enterprises.

b) Within 90 days from the end of the ten-year strategy, submit reports evaluating the implementation situation of the strategy of the enterprises.

4. Report evaluating the situation of implementing the five-year plan of enterprises in which the State holds more than 50% of the charter capital under the Ministry, the People's Committee of the province.

a) Before August 15 of the third year of the five-year plan, submit reports evaluating the mid-term implementation situation of the five-year plan of the enterprises.

b) Within 90 days from the end of the five-year plan, submit reports evaluating the implementation situation of the five-year plan of the enterprises.

5. Before June 15 each year, submit reports evaluating the implementation situation of the plan, objectives, tasks, and business sectors of the enterprises in which the State holds more than 50% of the charter capital under the Ministry, the People's Committee of the province in the previous year.

6. The Ministry managing the industry, the People's Committee of the province shall submit reports according to the deadlines and contents specified in Clause 3, Clause 4, and Clause 5 of this Article to the Ministry of Planning and Investment for consolidation.

7. The Ministry of National Defense, the Ministry of Public Security: Submit reports to the Ministry of Planning and Investment, the Ministry of Finance under the "Secret" regime.

8. The Board of Directors, the Chairman of the parent company have the right to request the Representative to report for regular supervision of the implementation of strategies and plans; evaluate the implementation of objectives, tasks, and business sectors of subsidiaries in which the parent company holds more than 50% of the charter capital.

Article 15. Rights and responsibilities of the Ministry of Planning and Investment

1. Report on the situation of implementing the strategy of enterprises in which the State holds more than 50% of the charter capital.

a) Before July 15 of the sixth year of implementing the strategy, report to the Government on the mid-term implementation situation of the strategy of the enterprises nationwide.

b) Within 120 days from the end of the ten-year strategy, report to the Government on the implementation situation of the strategy of the enterprises nationwide.

2. Report on the situation of implementing the five-year plan of enterprises in which the State holds more than 50% of the charter capital.

a) Before September 15 of the third year of the five-year plan, report to the Government on the mid-term implementation situation of the five-year plan of the enterprises nationwide.

b) Within 120 days from the end of the five-year plan, report to the Government on the implementation situation of the five-year plan of the enterprises nationwide.

3. Before July 31 each year, report to the Government on the implementation of the plan, objectives, tasks, and business sectors of the enterprises in which the State holds more than 50% of the charter capital nationwide in the previous year.

Article 16. Rights and Responsibilities of the Representative

The Representative is authorized to perform the rights and responsibilities of the state owner with responsibility as follows:

1. Regularly supervise the implementation of strategies and plans; evaluate the achievement of objectives, tasks, and business sectors and industries of subsidiaries owned by the parent company with more than 50% of the charter capital.

2. Report on the implementation of the enterprise's strategy.

a) Before May 15 of the sixth year of implementing the strategy, submit a report evaluating the implementation of the enterprise's strategy.

b) Within 60 days from the end of the ten-year strategy period, submit a report evaluating the implementation of the enterprise's strategy.

3. Report on the implementation of the five-year plan of the enterprise.

a) Before July 15 of the third year of the five-year plan, submit an interim report evaluating the implementation of the enterprise's plan.

b) Within 60 days from the end of the five-year plan period, submit a report evaluating the implementation of the enterprise's plan.

4. Report on the implementation of the annual plan of the enterprise.

a) Before July 15 each year, submit a report on the first six months' implementation and estimated full-year implementation of the plan, goals, and tasks of the enterprise.

b) Before January 15 each year, submit an estimated report on the previous year's plan, goals, and tasks; the next year's plan of the enterprise.

c) Before May 15 each year, submit a report on the implementation of the plan, goals, and tasks of the previous year of the enterprise.

5. In case the state management agency requests an urgent report, the Representative has the responsibility to prepare the report according to the content and ensure the deadline as required.

6. Submit reports within the prescribed time and content as stipulated in Clause 2, Clause 3, and Clause 4 of this Article to the Ministry managing the industry, Provincial People's Committee, or send to the Board of Members of the parent company for consolidation.

Section 2
REGULATIONS ON THE SYSTEM OF MONITORING THE IMPLEMENTATION OF STRATEGIES, REGULATIONS ON THE SYSTEM OF SUPERVISION OF THE IMPLEMENTATION OF STRATEGIES, PLANS, OBJECTIVES, AND ASSIGNED TASKS OF STATE-OWNED ENTERPRISES ENTERPRISES IN WHICH THE STATE HOLDS MORE THAN 50% OF THE CHARTER CAPITAL

Article 17. Inspection Authority over the Implementation of Strategies, Plans, Goals, and Tasks Assigned to Enterprises

1. The Ministry managing the industry, Provincial People's Committee shall be responsible for leading and coordinating with the Ministry of Planning and Investment and related ministries and agencies to request the Representative to report for inspection on the implementation of strategies and plans, evaluation of the achievement of assigned goals and tasks of enterprises holding more than 50% of the charter capital under the Ministry or Provincial People's Committee.

2. The Board of Members, Chairman of the Company (of enterprises holding 100% of the charter capital) shall request the Representative to report for inspection on the implementation of strategies and plans, evaluation of the achievement of assigned goals and tasks of subsidiaries owned by the parent company with more than 50% of the charter capital.

Article 18. Content and Method of Organizing Inspection Teams for the Implementation of Strategies, Plans, Goals, and Tasks Assigned to Enterprises

The content and method of organizing inspection teams for the implementation of strategies, plans, goals, and tasks assigned to enterprises shall be applied similarly to the provisions in Article 9 and Article 12 of this Decree.

Article 19. Inspection through Reports

1. Inspection through reports is conducted periodically or at random according to the requirements of the competent inspection authority.

2. The contents of the report and the deadline for submitting the report must comply with the requirements of the competent inspection authority.

3. The agency tasked with inspection shall examine the report, process information, request verification of information, and issue an inspection conclusion.

4. The Representative must have at least 10 working days to prepare the report from the date of receiving the inspection authority's request. In special cases, the preparation time for the report is decided by the inspection authority.

5. In case the Representative does not report, does not fully report the required contents, or reports inaccurately about the implementation of the assigned strategy, plan, goals, tasks, and business sectors and industries of the enterprise, the inspection team will directly request the Representative to provide additional explanations.

Article 20. Report on Inspection Results

1. Immediately upon completion of the inspection, the inspecting agency must prepare a report on the inspection results. The maximum time for preparing the report on inspection results is 15 working days.

2. The content of the report includes the following issues:

a) Basis for conducting the inspection;

b) Time and location of the inspection;

c) Composition of the inspection team;

d) Inspection contents;

d) Achievements and violations, weaknesses in the implementation of strategies, plans, objectives, and assigned tasks.

e) Opinions of participating agencies and recommendations of the leading agency regarding the handling of the inspection results;

g) Recommendations of the Representative being inspected regarding amendments and supplements to unsuitable strategies and plans.

h) Conclusions on handling within the scope of authority or recommendations to the competent authority for handling and rectifying violations and weaknesses in implementation, as well as suggestions for amending, supplementing, or abolishing part or all of inappropriate strategies and plans.

3. The draft report on the inspection results must be sent to the participating agencies for comments before being submitted to the competent authority for decision.

4. In cases where the Ministry managing the sector or the provincial People's Committee directly organizes inspections, the report on inspection results shall be sent to the Ministry of Planning and Investment for consolidation and reporting to the Government.

5. In cases where the Board of Members or the Chairman of the company (belonging to a state-owned enterprise holding 100% of the charter capital) inspects the implementation of strategies, plans, objectives, and assigned tasks by subsidiary companies in which the parent company holds more than 50% of the charter capital: the report on inspection results shall be sent to the Ministry managing the sector and the provincial People's Committee for consolidation.

Chapter IV
IMPLEMENTATION

Article 21. Supervision of Reporting System Implementation

1. The Ministry managing the sector and the provincial People's Committee are responsible for supervising the implementation of the reporting system by enterprises under their jurisdiction.

2. The Ministry of Planning and Investment is responsible for supervising the implementation of the reporting system by the Ministries managing the sectors and the provincial People's Committees.

Article 22. Responsibility for Announcing Reports on Supervision and Inspection of State-Owned Enterprise Strategy, Plan, Objective, and Task Implementation

1. Annually, the Ministry managing the sector and the provincial People's Committee base on the results of strategy, plan, objective, and task implementation by subordinate enterprises to announce the results.

For enterprises directly serving national defense and security, they shall follow the regulations of the Minister of National Defense and the Minister of Public Security.

2. The Ministry managing the sector guides the methods and contents of publicly announcing the results of strategy, plan, objective, and task implementation by subordinate enterprises.

3. Ministries, provincial People's Committees, and wholly state-owned limited liability companies shall disclose information according to the Prime Minister's regulations and other legal provisions.

Article 23. Responsibilities in Cases Where State-Owned Enterprises Fail to Complete Assigned Strategies, Plans, Objectives, and Tasks

1. For State Economic Groups and State Capital Investment Corporation:

The Ministry managing the sector, the provincial People's Committee, the Board of Members, and related state management agencies are responsible before the Government and the Prime Minister when State Economic Groups and State Capital Investment Corporation fail to complete assigned strategies, plans, objectives, and tasks.

2. For state-owned enterprises under the Ministry managing the sector and the provincial People's Committee:

a) The Ministry managing the sector and the provincial People's Committee are responsible before the Government and the Prime Minister when subordinate enterprises fail to complete assigned strategies, plans, objectives, and tasks.

b) The Board of Members, the Chairman of the company, and the Representative authorized for the state capital portion at the enterprise are responsible before the Ministry managing the sector and the provincial People's Committee when the enterprise fails to complete assigned strategies, plans, objectives, and tasks.

3. For enterprises held by the parent company with over 50% of the charter capital:

The Representative authorized for the parent company's investment capital at the enterprise is responsible before the Board of Members and the Chairman of the parent company when the enterprise fails to complete assigned strategies, plans, objectives, and tasks.

Article 24. Handling of violations and disciplinary measures

1. For members of the Board of Directors, Chairman of the company, General Director (Director) of state-owned enterprises with 100% state capital and the Representative authorized by the state for the portion of state capital invested in enterprises where the state holds more than 50% of the charter capital:

The sector management agency, provincial People's Committee shall implement disciplinary measures such as reprimand, warning, demotion in salary grade, dismissal, determination of salary level and other benefits for members of the Board of Directors, Chairman of the company, General Director (Director), and the Representative if they violate the following provisions:

a) Not fully implementing the contents of supervision and inspection of the implementation of strategy, plans, objectives, tasks, and business sectors assigned to subsidiaries.

b) Not submitting, not fully submitting, or not submitting on time reports as prescribed in this Decree; the content of the report is not truthful or not complete.

c) Not implementing or not fully implementing directives, recommendations, and solutions proposed by the state owner, resulting in the enterprise failing to complete its assigned strategy, plans, objectives, and tasks.

2. For sector management agencies and provincial People's Committees:

The head of the superior agency shall apply disciplinary measures such as reprimand, warning, removal from office, and dismissal according to the provisions of the Law on Public Officials and Civil Servants and the Law on Civil Servants for the state owner of the enterprise if they violate any of the following cases:

a) Not fully implementing the contents of supervision and inspection of the implementation of strategy, plans, objectives, tasks, and business sectors assigned to state-owned enterprises under the sector management agency and provincial People's Committee.

b) Not promptly taking corrective measures and handling violations during the process of state-owned enterprises implementing their strategy, plans, objectives, and tasks.

c) Not submitting reports as prescribed in Article 4 and Article 14 of this Decree.

d) Submitting false reports on the results of the implementation of strategy, plans, objectives, tasks, and business sectors assigned to state-owned enterprises under the sector management agency and provincial People's Committee.

3. Annually, when classifying enterprises, the classification level will be reduced by one level for compliance with legal regulations if the enterprise violates the provisions of Clause 1 of this Article.

Chapter V
IMPLEMENTING PROVISIONS

Article 25. Effective Date

This Decree takes effect from January 20, 2015.

Article 26. Responsibility for Implementation and Organization of Execution

1. The Ministry of Home Affairs shall provide detailed guidance on the degree and procedures for considering disciplinary measures for cases of violation of Article 24 of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial People's Committees directly under the central government, Members of the Board of Directors or Chairmen of companies of state-owned enterprises with 100% state capital, and representatives authorized by the state for the portion of state capital invested in enterprises are responsible for implementing this Decree.