Decision No. 37/2014/QD-TTg stipulates criteria and classification lists for state-owned enterprises to serve as a basis for restructuring and reforming these enterprises. The document applies to joint-stock companies with one member, joint-stock companies, and limited liability companies with two or more members where the State holds over 50% of the capital.
Scope of application
["State-owned enterprises established by the Prime Minister, Ministers of Ministries, Heads of agencies at ministerial level, and State-owned corporations", "Joint-stock companies and limited liability companies with two or more members established by Ministries, agencies at ministerial level, provincial People's Committees, Councils of Members of economic groups, and State-owned corporations holding over 50% of total shares or capital"]
Key points
- "State-owned enterprises established by the Prime Minister, Ministers of Ministries, Heads of agencies at ministerial level, and State-owned corporations" → shall be classified and restructured according to the criteria prescribed in this Decision
- State-owned enterprises holding over 50% of the capital contribution in joint-stock companies or limited liability companies with two or more members → must conduct reviews and classify enterprises according to the list issued together with this Decision
- Ministries, agencies at ministerial level, government agencies, provincial People's Committees, Councils of Members of economic groups, and State-owned corporations → have the responsibility to report on the restructuring of state-owned enterprises before January 20 each year
- Ministries, agencies at ministerial level, government agencies, provincial People's Committees, Councils of Members of economic groups, and State-owned corporations → must conduct reviews and classify enterprises according to the list issued together with this Decision
- Ministries, agencies at ministerial level, government agencies, provincial People's Committees, Councils of Members of economic groups, and State-owned corporations → must develop a roadmap and organize the sale of state-owned shares in joint-stock companies and limited liability companies with two or more members
🌐 Social impact of this document
- "State-owned enterprises" benefit from restructuring and reform according to the prescribed criteria
- "Citizens" are affected when state-owned enterprises change their business operations or sell shares
- "Private enterprises" have greater opportunities to compete with state-owned enterprises after the restructuring and reform process
❓ Frequently asked questions
Where are the criteria for classifying state-owned enterprises specified?
Criteria and classification lists for state-owned enterprises are issued together with Decision No. 37/2014/QD-TTg.
What responsibilities do Ministries and agencies at ministerial level have in implementing this decision?
Ministries and agencies at ministerial level must review and classify enterprises according to the list issued together with the Decision and report on the restructuring of state-owned enterprises before January 20 each year.
When does this Decision take effect?
Decision No. 37/2014/QD-TTg takes effect from August 6, 2014.
What actions should state-owned enterprises take when implementing shareholding?
State-owned enterprises must decide or submit to competent authorities for approval the adjustment of the proportion of state-held shares when implementing shareholding.
Are private enterprises affected by this Decision?
Private enterprises may benefit from changes in business operations or sales of shares by state-owned enterprises.
Full text
Pursuant to …;
Issuing criteria and classification list for state-owned enterprisesCriteria and classification list for state-owned enterprises are issued.
_______________
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Enterprise Law dated November 29, 2005;
Pursuant to Decree No. 99/2012/NĐ-CP dated November 15, 2012 of the Government on the division of responsibilities between the State owner and state-owned enterprises and state capital invested in enterprises;
Pursuant to Decree No. 71/2013/NĐ-CP dated July 11, 2013 of the Government on investment of state capital in enterprises and financial management of enterprises wholly owned by the state;
At the proposal of the Minister of Planning and Investment;
The Prime Minister issues this Decision on criteria and classification list for state-owned enterprises.
Article 1. Attached to this Decision are the criteria and classification list for state-owned enterprises.
Article 2. 1. Principles, criteria, and allocation standards for state budget investment capital development phase 2016-2020 serve as the basis for planning medium-term and annual investment plans from the state budget for the period 2016-2020 at the national level, at all levels, and in all sectors and units using state budget funds. They also serve as the basis for managing, supervising, inspecting, and auditing the implementation of medium-term and annual investment plans.
1. Scope of application: The criteria and classification list for state-owned enterprises issued with this Decision serve as the basis for classifying and promoting restructuring and renewal of existing state-owned enterprises.
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) Joint-stock companies with a single member established by the Prime Minister, ministers of ministries, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of provincial people's committees under the central government, boards of directors of economic groups, and state-owned corporations;
b) Joint-stock companies and limited liability companies with two or more members where ministries, ministerial-level agencies, government-affiliated agencies, provincial people's committees under the central government, boards of directors of economic groups, and state-owned corporations hold more than 50% of the total shares or capital contributions.
Article 3. Implementation
Ministries, ministerial-level agencies, government-affiliated agencies, provincial people's committees under the central government, boards of directors of economic groups, and state-owned corporations shall be responsible for:
1. Reviewing, classifying, supplementing plans for restructuring state-owned enterprises during the period 2014-2015, and developing plans for subsequent periods, to submit
2. Deciding or submitting to competent authorities for decision on adjusting the proportion of state-held shares when implementing shareholding reforms of enterprises that have been
3. Based on actual circumstances, formulating schedules and organizing the sale of state-owned shares in joint-stock companies and limited liability companies with two or more members.
4. Before January 20 each year, report on the situation and results of restructuring state-owned enterprises within their jurisdiction to the Ministry of Planning and Investment for consolidation and reporting
5. During implementation, if there are special cases requiring handling differently from this Decision, report
Article 4. Responsibility for Implementation
This Decision takes effect from August 6, 2014 and replaces Decision No. 14/2011/QĐ-TTg dated March 4, 2011 of
Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of provincial people's committees under the central government, boards of directors of economic groups, and state-owned corporations are responsible for implementing this Decision.
The Ministry of Planning and Investment is responsible for monitoring and urging ministries, sectors, localities, economic groups, and state-owned corporations to implement this Decision and annually compiling the situation to report to the Prime Minister./.
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