Decision No. 17/2024/QĐ-TTg amends and supplements certain provisions of Decision No. 26/2021/QĐ-TTg regarding the list of industries and fields to transfer public service units into joint-stock companies. This document provides more specific details on professions and conditions for conversion.
适用范围
State agencies, state-owned enterprises, public service units under Ministries, agencies at the level of Ministries, and government agencies; higher-level public service units are responsible for reviewing and converting.
要点
- Public service units in the industry of water extraction, production, and supply; urban and rural drainage are converted into joint-stock companies (Article 1.1).
- Units in the field of technical safety inspection for labor, construction inspection, and inland waterway and road transport equipment inspection are also included in the list for conversion (Article 1.1).
- The People's Committee of districts must review subordinate public service units that meet the conditions stipulated in Article 4 of Decree No. 150/2020/NĐ-CP and report to higher authorities for consolidation and submission to the Prime Minister for approval of the conversion list (Article 1.4).
- Ministries and agencies must consider opinions on cases that cannot be implemented according to Article 2 of this Decision before submitting to the Prime Minister for decision (Article 1.5).
- For public service units that have been converted into joint-stock companies prior to the effective date of Decision No. 26/2021/QĐ-TTg and whose state capital ratio is lower than that specified in Article 2, the current capital ratio shall remain unchanged (Article 1.6).
🌐 本文件的社会影响
- Continue to promote the process of converting public service units into enterprises, creating conditions for industries to operate more effectively.
- State agencies and public service units must conduct reviews and report the list of units to be converted according to new regulations.
- Some units may face difficulties in meeting conversion conditions, leading to restrictions on financial management autonomy.
- State-owned enterprises will have to undertake complex procedures to convert their organizational forms and management.
❓ 常见问题
Which public service units can be converted into joint-stock companies?
According to Article 1.1, public service units in the industry of water extraction, production, and supply; urban and rural drainage, and fields of technical safety inspection for labor, construction inspection, and inland waterway and road transport equipment inspection can be converted into joint-stock companies.
What should public service units that have converted before the effective date of Decision No. 26/2021/QĐ-TTg do?
According to Article 1.6, these units shall maintain their current state capital ratio if it is lower than that specified in Article 2 of this Decision.
Which agencies are responsible for reviewing and reporting the conversion list?
The People's Committees of districts, Board of Directors or Chairmen of state-owned enterprises holding 100% of the charter capital; public service units under Ministries, agencies at the level of Ministries, and government agencies, and higher-level public service units are responsible for reviewing (Article 1.4).
What should be done with cases that cannot be implemented according to Article 2 of this Decision?
According to Article 1.5, Ministries and agencies must consider opinions on cases that cannot be implemented before submitting to the Prime Minister for decision.
When does this Decision take effect?
This Decision takes effect from December 10, 2024 (Article 2).
全文
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PRIME MINISTER |
SOCIALIST REPUBLIC OF VIET NAM |
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Number: 17/2024/QĐ-TTg |
Hanoi, October 25, 2024 |
Pursuant to …;
Amending and supplementing certain Articles of Decision No.26/2021/QĐ-TTg
dated August 12, 2021 of the Government on
the list of sectors and fields to implement the conversion of public service units into joint-stock companies
Pursuant to the Law on the Organization of the Government dated June 19, 2015; the Law amending and supplementing certain provisions of the Law on the Organization of the Government and the Law on the Organization of Local Administration dated November 22, 2019;
___________
Pursuant to the Law on Legislative Regulatory Legal Documents dated June 22, 2015; the Law amending and supplementing certain provisions of the Law on Legislative Regulatory Legal Documents dated June 18, 2020;
Pursuant to Decree No. 150/2020/NĐ-CP dated December 25, 2020 of the Government on converting public service units into joint-stock companies;
The Prime Minister issues this Decision to amend and supplement certain Articles of Decision No. 26/2021/QĐ-TTg dated August 12, 2021 of the Prime Minister on the list of sectors and fields to implement the conversion of public service units into joint-stock companies.
At the proposal of the Minister of Planning and Investment;
Article 1. Amend and supplement certain Articles of Decision No. 26/2021/QĐ-TTg dated August 12, 2021 of the Prime Minister on the list of sectors and fields to implement the conversion of public service units into joint-stock companies as follows:
1. Amend and supplement Clause 1 of Article 2 of Decision No. 26/2021/QĐ-TTg as follows:
"1. List of sectors and fields of public service units to be converted into joint-stock companies with the State holding more than 50% of the charter capital:
a) Water supply, production, and distribution; urban and rural drainage;
b) Technical safety inspection for labor;
c) Construction inspection;
d) Inspection of technical means of road motor vehicles and inland waterway vessels (excluding the field of ship inspection and marine works)."
2. Amend Point a of Clause 1 of Article 3 of Decision No. 26/2021/QĐ-TTg as follows:
"a) Review public service units under their management (including public service units approved in the list of public service units to be converted into joint-stock companies before 2021 but without a decision on the value of the unit) that meet the conditions stipulated in Clause 1 of Article 4 of Decree No. 150/2020/NĐ-CP and belong to the sectors and fields specified in Article 2 of this Decision, and submit to
the Prime Minister for approval of the list of public service units to be converted into joint-stock companies during the period 2021-2025 in the fourth quarter of 2024." 3. Amend and supplement Point c of Clause 1 of Article 3 of Decision No. 26/2021/QĐ-TTg as follows:
"c) Report to the Prime Minister for consideration and decision on cases where implementation cannot be carried out according to Article 2 of this Decision (to be sent to the Ministry of Planning and Investment).”
4. Amend Clause 2 of Article 3 of Decision No. 26/2021/QĐ-TTg as follows:
"2. People's Committee at district level; Board of Directors or Chairman of enterprises wholly owned by the State; Public service units under ministries, agencies equivalent to ministries, and government agencies; Public service units under specialized agencies and administrative organizations of provincial People's Committees; Higher-level public service units responsible for reviewing subordinate public service units that meet the conditions stipulated in Clause 1 of Article 4 of Decree No. 150/2020/NĐ-CP and belong to the sectors and fields specified in Article 2 of this Decision, report to ministries, agencies equivalent to ministries, government agencies, provincial People's Committees, Hanoi National University, and Ho Chi Minh City National University for consolidation and submission to the Prime Minister for approval of the list of public service units to be converted into joint-stock companies during the period 2021-2025 in accordance with Point a of Clause 1 of this Decision.”
5. Supplement Clause 1a of Article 4 of Decision No. 26/2021/QĐ-TTg as follows:
"1a) Examine and provide opinions on cases reported by ministries and agencies in accordance with Point c of Clause 1 of this Decision before submitting to the Prime Minister for decision.”
6. Supplement Clause 1a of Article 5 of Decision No. 26/2021/QĐ-TTg as follows:
"1a) For public service units that have officially been converted into joint-stock companies (received a business registration certificate for operation under the form of a joint-stock company) before the effective date of Decision No. 26/2021/QĐ-TTg, if the State's shareholding ratio is lower than the ratio prescribed in Article 2 of this Decision, then maintain the current State's shareholding ratio, except when approved by the Prime Minister to adjust in accordance with the provisions of Article 2 of this Decision.”
This Decision takes effect from December 10, 2024./.
Article 2. Effective Date
- Steering Committee for Enterprise Reform and Development;
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Place of Receipt: |
DEPUTY PRIME MINISTER Ho Duc Phoc |
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