Decision No. 12/2001/QD-TTg on approving the adjustment of the Master Plan for Construction of Hoa Binh City, Hoa Binh Province until 2020

Pursuant to …;

Regarding the Program of Action of the Governmentto implement Resolution No.

12/2001/NQ-CP of the Government dated November 2, 2001,

_______________

PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

The Government issues this Decree detailing the implementation of Resolution No.concerning the Third Plenary Session of the Ninth Central Committee of the Communist Party of Vietnam,The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decision.

DECISION:

Article 1. Issued with this Decision is the Program of Action of the Government to Implement the Resolution of the Third Plenary Session of the Ninth Central Committee of the Party.

Article 2. This Decision takes effect from the date of signature.

Article 3. Actions of the Government to implement the Resolution

PROGRAM

of the Third Plenary Session of the Ninth Central Committee of the Communist Party of Vietnam

(Annexed to Decision No.

dated November 20, 2001 of the Prime Minister)183/2001/QĐ-TTg

I. Objectives and Requirements of the Program

The objective of the Program of Action (program) is to organize the successful implementation of the Central Resolution: continue to restructure, reform, develop, and enhance the efficiency of state-owned enterprises so that these enterprises contribute significantly to ensuring essential public goods and services and necessary requirements for national defense and security, serving as a core force to accelerate economic growth and lay the foundation for the country's industrialization and modernization in accordance with the socialist orientation.

The requirement of the Program is to fully understand the content of the Resolution and concretize the viewpoints, policies, and tasks approved by the Central Committee through legal documents, and effectively implement them.

II. Main Contents of the Program

A. Amending and Supplementing Mechanisms and Policies.

1. Clarify and concretize the orientation for restructuring and developing state-owned enterprises engaged in business and public services by issuing specific criteria for classifying state-owned enterprises holding 100% capital, state-owned enterprises holding controlling shares; special shares, low shares, and shares where the State does not hold when corporatizing; state-owned enterprises implementing mergers, dissolution, bankruptcy; state-owned enterprises implementing transfer, sale, lease, and management contracts.

To implement this task, it is necessary to issue a decree on state-owned enterprises engaged in public services to replace Decree No. 56/CP on state-owned enterprises engaged in public services, in the spirit that state-owned enterprises engaged in public services also implement accounting, the State has preferential policies for public goods and services, regardless of the type of enterprise or economic sector.

2. Encourage the people and enterprises of various economic sectors to produce public goods and services needed by society and not prohibited by law.

3. Amend and supplement mechanisms and policies, form a synchronized legal framework to create an environment for state-owned enterprises to operate independently, make their own business decisions based on supply and demand relationships, improve efficiency, and take responsibility for their activities.

a) Issue preferential policies for industries, regions, products, and services that need priority or encouragement for development, regardless of the economic sector; have mechanisms to protect and encourage competitive and equal cooperation among enterprises; regulate and control the activities and profits of enterprises operating in state-monopoly sectors.

b) Issue criteria for evaluating effectiveness, monitoring mechanisms, and sanctions for each type of state-owned enterprise: state-owned enterprises holding 100% capital, state-owned enterprises holding controlling shares, State-owned Corporations to encourage effective enterprise managers, while dealing with ineffective managers due to subjective reasons.

c) Issue Financial Regulations for state-owned enterprises to replace the regulations attached to Decrees No. 59/CP, 27/1999/NĐ-CP, aiming to create sufficient registered capital for enterprises within five years from 2001 to 2005, encouraging enterprises to innovate and modernize technology.

Reform accounting, auditing, reporting, information systems, and implement transparency in business and financial operations of enterprises.

d) Pilot the establishment of Investment Finance Companies to implement the State's investment and management of capital at enterprises instead of transferring capital.

4. Develop training plans for the cadre of managers of state-owned enterprises. Issue standards and training regulations for key managers of state-owned enterprises. Establish a system for training directors of state-owned enterprises.

e) Amend and supplement the Management Regulations for Investment and Construction towards increasing the rights and responsibilities of enterprises in investment decisions.

f) Issue a Decree on labor management, wages, and income in state-owned enterprises to replace Decree No. 28/CP and Decree No. 03/2001/NĐ-CP.

5. Issue remuneration systems and accountability systems for enterprise managers in a way that ensures appropriate material and spiritual incentives according to their contribution to the enterprise's production and business results.

a) Amend and supplement Decision No. 83/1998/QĐ-TTg on salary and allowances for members of the Board of Directors and Supervisory Board of State-Owned Corporations and large independent enterprises.

7. Issue policies for surplus labor during the restructuring of state-owned enterprises. Surplus labor will be provided opportunities for retraining or leave with full pay for a period to find new jobs; if they cannot find new jobs, they will be entitled to unemployment benefits. Amend and supplement some specific policies for workers who wish to retire early.

b) Issue a mechanism for accountability and material and spiritual incentives for General Managers of state-owned enterprises.

c) Implement decentralization in the appointment and management of cadres for State Corporations.

6. Implement measures to improve the financial health of enterprises.

a) Issue a management and debt resolution mechanism for state-owned enterprises.

b) Establish a Company for purchasing debts and assets of state-owned enterprises to handle debts and unused assets, creating conditions for improving the financial health of enterprises.

9. Accelerate the corporatization of state-owned enterprises. The State will have policies to reduce disparities in preferential shares for employees among enterprises undergoing corporatization, with provisions for employees to retain preferential shares for a certain period. Study using part of the enterprise's capital to form employee shares, employees enjoy dividends but cannot withdraw these shares from the enterprise. Investors can purchase shares in enterprises where the State does not hold controlling shares in accordance with the Law on Enterprises and the Law on Encouraging Domestic Investment.

8. Reform and enhance the effectiveness of the operations of State Corporations, build strong economic groups.

a) Amend and supplement the Model Charter on the organization and operation of State Corporations issued together with Decree No. 39/CP.

b) Issue a Decree on transitioning State Corporations to operate under the parent company-subcompany model.

c) Develop a proposal to establish an economic group.

a) Issue a decree to replace Decree No. 44/1998/NĐ-CP on the corporatization of state-owned enterprises.

Amend and supplement some articles of Decree No. 103/1999/NĐ-CP on transferring, selling, leasing, and contracting state-owned enterprises related to the scope of application of the decree and the authority to decide on transferring, selling, leasing, and contracting state-owned enterprises.

b) Recommend the Standing Committee of the National Assembly to amend Clause 2, Article 13 of the Ordinance on Combating Corruption regarding the level of share purchases by leaders and managers of state-owned enterprises undergoing shareholding reform.

10. Implement the transfer, sale, lease, and entrustment of management of small-scale state-owned enterprises with capital under five billion dong.

11. Invest in developing and establishing new state-owned enterprises in necessary and qualified industries and fields, and in important areas. Merge, dissolve, and declare bankrupt those state-owned enterprises that are not efficient and cannot implement measures such as corporatization, transfer, sale, lease, and contracting.

11. Investment in developing and establishing new state-owned enterprises that are necessary and meet the required conditions in key industries and important areas. Merge, dissolve, or declare bankrupt those state-owned enterprises that operate ineffectively but cannot implement shareholding reforms, transfer, sell, lease, or entrust management.

Amend and supplement certain provisions of Decrees No. 50/CP and 38/CP on the establishment, reorganization, dissolution, and bankruptcy of state-owned enterprises, with the spirit that the establishment of new state-owned enterprises mainly engaged in business activities will be carried out in the form of joint-stock companies. Only establish new state-owned enterprises with 100% state capital for industries and sectors where the State has a monopoly, or where other economic sectors do not want to or are unable to participate.

12. Amend and supplement certain provisions of relevant Laws and Ordinances concerning the restructuring, renewal, and development of state-owned enterprises.

a) Amend and supplement certain provisions of the Law on Bankruptcy of Enterprises in the direction that the person deciding to establish an enterprise has the right to propose the bankruptcy of the enterprise.

b) Amend and supplement the Law on State-Owned Enterprises in the spirit that state-owned enterprises include state-owned enterprises holding 100% capital and state-owned enterprises holding controlling shares; provisions on the establishment, organization of operations, reorganization, dissolution, and bankruptcy of state-owned enterprises; incorporate new contents about the organizational model of operations of state-owned corporations into the amended Law. Specifically define the organizational model and functions, tasks, and authorities of the state owner towards state-owned enterprises.

c) Draft the Accounting Law.

d) Draft the Ordinance on State Audit.

đ) Draft the Competition Promotion and Monopoly Restriction Law.

e) Draft the Law on the Use of State Capital for Business Investment.

The above contents are detailed in the work program attached as an appendix to the Government's action program to implement the Third Plenary Session Resolution of the Ninth Central Committee of the Communist Party of Vietnam.

B. Implementation Organization

In accordance with the spirit of Resolution No. 3 of the Central Committee of the Communist Party of the Ninth Term, for issues that are clear and have resolutions, they should be promptly and resolutely implemented; for issues that are not yet clear enough, organize pilot programs while implementing and learning from experience, taking appropriate, proactive but solid steps, timely correcting mistakes and deviations. The Government focuses on directing the following main contents:

1. Establish corresponding organizations to undertake advisory and coordination tasks in building mechanisms and policies and assist the Government in effectively implementing the Central Resolution No. 3.

2. Organize the dissemination of the Resolution nationwide, publicize the Government's Action Program; seek opinions from enterprises before issuing new mechanisms and policies related to enterprises. Guide ministries, levels, and sectors to build action programs to implement the Resolution.

3. Direct and guide localities, Ministries, sectors, and state-owned corporations to classify and restructure state-owned enterprises. Pay special attention to directing and guiding the restructuring of state-owned enterprises under the Ministry of National Defense, the Ministry of Public Security, and localities in mountainous areas, remote regions. Strengthen guidance, inspection, and urging the implementation of projects approved by the Prime Minister.

4. Promptly direct the restructuring of state-owned corporations that do not meet necessary conditions.

5. Promptly and firmly direct pilot programs to expand the transformation of state-owned corporations into parent companies - subsidiary companies models; establish economic groups; establish financial investment companies.

6. Direct, guide, and organize the effective implementation of the classification and restructuring of enterprises under Party organizations and political-social organizations.

7. Organize pilot programs to convert state-owned enterprises and enterprises of party organizations and political-social organizations into limited liability companies.

8. Vigorously implement the program of equitization of state-owned enterprises with the understanding that this is a key step to bring about fundamental changes in the renewal and improvement of the efficiency of state-owned enterprises.

9. Direct the effective implementation of measures to clean up finances, resolve unpayable debts, and prevent recurrence; properly address surplus labor in state-owned enterprises.

10. Organize the implementation of pilot programs for the contents mentioned in Resolution No. 3 of the Central Conference while waiting for amendments and supplements to laws and ordinances (Bankruptcy Law, State-Owned Enterprise Law, Labor Code, Anti-Corruption Ordinance...).

Ministries, agencies at the level of ministries, government agencies, People's Committees of provinces and centrally-administered cities shall base their specific action programs to implement the Central Resolution No. 3 on this Government's Action Program. /./