Decree No. 49/2002/ND-CP amends some articles of Decree No. 103/1999/ND-CP on transferring, selling, contracting management, and leasing state-owned enterprises. This document applies to independent state-owned enterprises and independent accounting members of corporations with state capital recorded in accounting books under five billion VND, which do not need to hold shares or be equitized.
适用范围
Independent state-owned enterprises and independent accounting members of corporations with state capital recorded in accounting books under five billion VND, which do not need to hold shares or be equitized.
要点
- State-owned enterprises that do not need to hold shares or be equitized include enterprises in the overall restructuring plan approved by the Prime Minister and enterprises subject to equitization but still unable to proceed.
- The authority to approve plans for transferring, selling, contracting management, and leasing state-owned enterprises with capital under five billion VND lies within the purview of the Minister, the Chairman of the People's Committee of the province, and the Board of Directors of Corporation 91.
- The Steering Committee for Enterprise Renewal and Development replaces the Central Enterprise Management Reform Committee and similar agencies.
- This Decree takes effect fifteen days from the date of signature.
- Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees, and the Board of Directors of Corporation 91 are responsible for implementing this Decree.
🌐 本文件的社会影响
- What are the positive impacts of this Decree?
- Possible negative impacts may include administrative burdens for enterprises required to comply with new regulations.
❓ 常见问题
Who are the entities subject to this Decree?
Independent state-owned enterprises and independent accounting members with state capital recorded in accounting books under five billion VND, which do not need to hold shares or be equitized.
How is the authority to approve plans for transferring, selling, and contracting management determined?
The authority lies with the Minister, the Chairman of the People's Committee of the province, and the Board of Directors of Corporation 91.
What does the Steering Committee for Enterprise Renewal and Development replace?
The Steering Committee for Enterprise Renewal and Development replaces the Central Enterprise Management Reform Committee and similar agencies.
When does this Decree take effect?
This Decree takes effect fifteen days from the date of signature.
What types of enterprises are included in those that do not need to hold shares or be equitized?
These include enterprises in the overall restructuring plan approved by the Prime Minister and enterprises subject to equitization but still unable to proceed.
全文
DECREE OF THE GOVERNMENT
Amending and supplementing some articles of Government Decree No. 103/1999/NĐ-CP
dated September 10, 1999 on transferring, selling, contracting business operations, and leasing state-owned enterprises
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the State Enterprise Law on April 20, 1995;
At the proposal of the Minister of Planning and Investment,
DECREE:
Article 1Amending and supplementing some articles of Government Decree No. 103/1999/NĐ-CP dated September 10, 1999 on transferring, selling, contracting business operations, and leasing state-owned enterprises as follows:
1. Clause 1 of Article 2 shall be amended as follows:
"1. This Decree stipulates the transfer, sale, contracting of business operations, and leasing of entire enterprises, applicable to independent state-owned enterprises and member enterprises with independent accounting under State-owned corporations listed in the books for less than five billion dong, where the State does not need to hold shares or cannot be privatized."
2. Supplement Clause 19 of Article 3 as follows:
"19."An enterprise that the State does not need to hold shares in or cannot be privatized"includes one of the following types of enterprises:
a) An enterprise classified in the overall restructuring plan approved by the Prime Minister as an enterprise where the State will not hold any percentage of capital and privatization measures cannot be applied.
b) An enterprise within the privatization target in the overall restructuring plan already approved by the Prime Minister but which, after applying all measures prescribed by law, still cannot be privatized."
3. Article 58 is amended as follows:
"Article 58. Authority to approve plans for transferring, selling, contracting business operations, and leasing enterprises
Based on the proposal of the Enterprise Reform and Development Board, the Minister, the Chairman of the People's Committee of the province, or the Board of Directors of Corporation 91 decides: criteria and conditions for contracting business operations, rental prices, selling prices of enterprises, and approval of plans for transferring, selling, contracting business operations, and leasing enterprises with capital recorded in the books for less than five billion dong."
4. The term "Central Enterprise Management Reform Board" in Government Decree No. 103/1999/NĐ-CP is amended to "Enterprise Reform and Development Steering Board"; the term "Enterprise Management Reform Board under Ministries, provinces, cities, and Corporation 91" is amended to "Enterprise Reform and Development Board".
Article 2. This Decree takes effect fifteen days from the date of signature. The Minister of Planning and Investment shall take the lead and coordinate with relevant agencies to guide the implementation of this Decree.
Article 3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of Provincial People's Committees directly under the Central Government, and the Board of Directors of Corporation 91 are responsible for implementing this Decree, reporting to the Prime Minister every three months, and proposing recommendations to effectively implement this Decree./.
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