Delegate Nguyen Viet Ha comments on the Law on Management and Investment of State Capital in Enterprises

Delegate Nguyen Viet Ha commented on the draft Law.

Participating in the discussion, delegate Nguyen Viet Ha, Director of the Bank for Agriculture and Rural Development, Tuyen Quang Province Branch, agreed with the necessity of promulgating the Law on Enterprises according to the Government's Proposal and the Verification Report of the National Assembly's Finance and Budget Committee.

Commenting on some specific contents, delegates said that the draft law also stipulates procedural and document contents even for contents that are not under the authority of the National Assembly , such as: specific regulations on the basic contents of strategies and business plans; consultation by capital owner representative agencies when transferring capital owner representation rights; projects, proposal documents, procedures for merging, consolidating, dividing and separating enterprises, etc.

This is a matter under the authority of the capital owner representative agency. Therefore, it is proposed that the authority that decides on the content of the work be assigned to the authority that issues the requirements for documents and procedures in the direction of reducing and simplifying administrative procedures.

Regarding the regulations for resolving legal conflicts: The draft law currently lacks regulations for resolving legal conflicts between this law and related laws. According to the review report, there are up to 33 sets of laws and regulations related to the management and investment of state capital in enterprises.

The lack of the principle of priority in applying the law when there is a conflict will lead to businesses standing at a crossroads; to avoid legal risks, businesses will choose to apply narrower regulations on business rights, leading to disadvantages and unfairness for businesses.

Therefore, it is recommended that the drafting unit review and compare with relevant laws to ensure consistency and synchronization, and at the same time supplement regulations on principles of law application when there is a conflict.

According to delegate Nguyen Viet Ha, the draft Law still has provisions that do not really "untie" state-owned enterprises, and still limit the autonomy and fair competition of state-owned enterprises, specifically: The draft is assigning the agency representing the capital owner to be the approval level, which will limit the initiative and creativity in orienting and implementing business solutions of enterprises, creating unnecessary administrative procedures that may cause enterprises to miss out on business opportunities.

Currently, the Law on Enterprises and the Law on Credit Institutions are assigning this content to enterprises to decide. Therefore, it is proposed to revise this content in the direction of giving enterprises the initiative to decide and take responsibility for themselves, and the State shall exercise the right to manage this content by assigning key business indicators to enterprises such as growth rate, profit, and budget payment obligations.

Regarding restrictions on real estate business activities: The Draft Law stipulates that State-owned enterprises are only allowed to conduct real estate business in cases where the enterprise has a real estate business line; or lease or exploit offices and headquarters of the enterprise when approved by competent authorities.

This regulation is in conflict with the Law on Credit Institutions. According to the Law on Credit Institutions, in addition to leasing offices and headquarters, credit institutions are also allowed to buy, invest in, and own real estate as warehouse facilities for business purposes and to hold real estate due to debt settlement and do not need the approval of the capital owner if the project investment capital is within their authority. Therefore, the above regulation will cause difficulties and limit the rights of credit institutions that are state-owned commercial banks such as Agribank and some other credit institutions.

Regarding the regulations on cases where enterprises are not allowed to invest capital, Clause 2, Article 27 of the draft Law stipulates: "They are not allowed to invest capital to establish enterprises, contribute capital, or buy shares in banks". Delegates proposed to review and edit appropriately, consistent with the Law on Enterprises and the Law on Credit Institutions.

Regarding the rights and responsibilities of state agencies in investing and managing capital at enterprises: According to delegates, the draft stipulates a number of inappropriate contents regarding the rights and responsibilities of state agencies in investing and managing capital at enterprises.

Currently, the draft only stipulates the rights and obligations of the representative of the capital owner in enterprises with state capital investment of over 50% to less than 100% of the charter capital. The above problem makes the requirement of separating the rights and responsibilities of state management from the rights and responsibilities of enterprise management and administration not clearly expressed in the draft, so it is recommended that the Drafting Committee consider and adjust accordingly.

Source: https://baotuyenquang.com.vn/dai-bieu-nguyen-viet-ha-gop-y-luat-quan-ly-va-dau-tu-von-nha-nuoc-tai-doanh-nghiep-202646.html