Decision No. 31/2017/QD-TTg On criteria and list of sectors and fields for converting public service units to joint-stock companies

Pursuant to …;

ON CRITERIA AND LIST OF SECTORS AND INDUSTRIES TO IMPLEMENT THE TRANSFORMATION OF PUBLIC SERVICE UNITS INTO JOINT-STOCK COMPANIES

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Enterprise Law dated November 26, 2014;

Pursuant to the Law on Management and Use of State Capital for Investment in Production and Business at Enterprises dated November 26, 2014;

Pursuant to the proposal of the Minister of Planning and Investment for the implementation of the Prime Minister's regulations on transforming public service units into joint-stock companies;

The Prime Minister issues this Decision on criteria and list of sectors and industries to implement the transformation of public service units into joint-stock companies.

Article 1. Scope of Regulation and Applicability

2. Applicability:

This Decision stipulates the criteria and list of sectors and industries in which public service units operate to be transformed into joint-stock companies during the period from 2017 to 2020.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

a) Public service units under ministries, agencies at the level of ministries, government agencies (hereinafter referred to collectively as ministries); People's Committees of provinces and centrally governed cities, specialized agencies under provincial and centrally governed city People's Committees (hereinafter referred to collectively as provincial-level People's Committees); parent companies of state economic groups, parent companies of state-owned corporations;

b) Public service units under district, town, and provincial-level city People's Committees; public service units directly under public service units;

c) Other agencies, organizations, and individuals related to the transformation of public service units into joint-stock companies.

Article 2. Criteria for the transformation of public service units into joint-stock companies

Public service units shall be transformed into joint-stock companies when they meet the following criteria simultaneously:

1. They can fully self-fund their regular operating expenses in the most recent year prior to the transformation or have the potential to fully self-fund their regular operating expenses after the transformation.

2. They belong to the list of sectors and industries for transformation into joint-stock companies as prescribed in Article 3 of this Decision.

3. They have plans to continue providing services with high quality.

Article 3. List of sectors and industries to implement the transformation of public service units into joint-stock companies

Transformation into joint-stock companies, where the State holds less than 50% of the charter capital or does not hold shares, will be implemented for public service units operating in the following sectors and industries:

1. Water extraction, production, and supply.

2. Sewage and wastewater treatment.

3. Environmental sanitation.

4. Lighting.

5. Production and preservation of original plant and animal breeding stock.

6. Consulting services in various fields (urban planning, accounting, auditing, taxation, asset valuation, market research, public opinion polling, management and business consulting...).

7. Technical support services for scientific research and technological development; activities related to intellectual property, technology transfer, technical standards, metrology, product quality; information, consulting, training, promotion, and application of scientific and technological achievements in economic and social fields.

8. Labor market information, employment services, labor relations development support, and dispatching Vietnamese workers abroad under contracts.

9. Ensuring essential needs for production development and improving the material and spiritual life of ethnic minorities in mountainous, remote, and far-flung areas.

10. Management and maintenance of road and inland waterway systems.

11. Management and maintenance of ports and bus stations.

12. Technical inspection of motor vehicles and watercraft.

13. Construction inspection.

14. Occupational safety and health technical inspection.

15. Driver training and testing activities.

16. Trade fair ground operation, trade promotion, and investment facilitation.

17. Support services and information provision for tourism promotion.

18. Real estate management; market and shopping center management.

19. Hotel and guesthouse operation, short-term accommodation services, and meeting support services.

20. Industrial park infrastructure development, cluster industrial park support services, and development within industrial parks and clusters.

Article 4. Organization of Implementation

1. Ministers, heads of agencies at the level of ministries, government agencies, and Chairpersons of provincial-level People's Committees are responsible for:

a) Reviewing public service units that meet the conditions stipulated in Articles 2 and 3 of this Decision to submit to the Prime Minister for approval of the list of public service units under their jurisdiction to be transformed into joint-stock companies during the period from 2017 to 2020 in the fourth quarter of 2017; report to the Prime Minister for consideration and decision on special cases where the State holds more than 50% of the charter capital;

b) Report to the Prime Minister for consideration and decision on each case of transformation into joint-stock companies for public service units operating in sectors and industries not covered by Article 3 of this Decision but where private sector entities can provide public services;

c) In the process of building networks of public service units according to sectors and industries and lists of public services funded by the state budget under their management, they must base their restructuring plans on the classification criteria set out in this Decision and submit them for approval by competent authorities.

2. Members of the Board of Directors of parent companies of state economic groups and state-owned corporations are responsible for reviewing public service units that meet the conditions stipulated in Article 2 of this Decision, reporting to the Minister and the Chairperson of the provincial-level People's Committee for submission to the Prime Minister for approval of the list of public service units under their jurisdiction to be transformed into joint-stock companies.

3. For ministries, provincial-level People's Committees, state economic groups, and state-owned corporations that have been approved by competent authorities for the list of public service units under their jurisdiction to be transformed into joint-stock companies, they shall implement according to the approved list; at the same time, review, adjust, and develop appropriate divestment schedules consistent with this Decision.

4. Before April 15 each year, Ministers, Chairpersons of provincial-level People's Committees, and Members of the Board of Directors of parent companies of state economic groups and state-owned corporations shall submit written reports on the results of transforming public service units into joint-stock companies within their jurisdiction to the Ministry of Planning and Investment and the Ministry of Finance for consolidation.

5. The Ministry of Planning and Investment shall regularly review annually and propose to the Prime Minister to amend and supplement the criteria and list of industries and sectors specified in Article 2 and Article 3 in accordance with each stage of economic and social development.

Article 5. Responsibilities for Implementation

1. This Decision takes effect from September 1, 2017.

2. The Ministers, Chairpersons of Provincial People's Committees, Councils of State-owned Economic Groups, and State-owned Joint Stock Companies are responsible for implementing this Decision.

The Ministry of Planning and Investment shall monitor and urge ministries, sectors, localities, state-owned economic groups, and state-owned joint stock companies to implement this Decision./.