Enterprises are empowered with autonomy and self-responsibility.

(Chinhphu.vn) - The provisions in the draft Law on Management and Investment of State Capital in Enterprises demonstrate the enhancement of the autonomy and self-responsibility of enterprises and ensure the State's management role as owner at an appropriate level.

National Assembly Chairman Tran Thanh Man requested that specific regulations be made in the Law on Management and Investment of State Capital in Enterprises to facilitate the implementation process.

Strengthening the autonomy and self-responsibility of enterprises

At the working session of the National Assembly Standing Committee giving opinions on receiving, explaining and revising the draft Law on Management and Investment of State Capital in Enterprises, on the afternoon of June 6, Chairman of the Economic and Financial Committee Phan Van Mai said that the draft Law consists of 8 chapters and 59 articles with the structure and layout remaining the same as submitted to the National Assembly.

The Draft Law clearly shows the rights and responsibilities of enterprises in deciding or adjusting their business strategies and annual business plans; mobilizing capital...

The provisions in the draft Law demonstrate the enhancement of autonomy and self-responsibility of enterprises and ensure the State's management role as owner at an appropriate level.

Regarding the subjects of application (Article 2 of the draft Law), there is a proposal to add enterprises with investment capital from political organizations, the Vietnam Fatherland Front, and socio-political organizations to the subjects of application of the Law.

The Standing Committee of the Committee believes that the charter capital of enterprises belonging to political organizations, the Vietnam Fatherland Front, and socio-political organizations, socio-professional organizations assigned by the State upon establishment does not only include state capital but also uses many other sources of capital. Therefore, including this group of enterprises in the scope of regulation of the draft Law will not ensure consistency with the objectives and subjects of regulation of the Law.

However, in order to create a legal basis for investment and capital management activities of the above organizations at enterprises, Article 56 of the draft Law stipulates that political organizations, the Vietnam Fatherland Front and socio-political organizations are allowed to apply the provisions of this Law to carry out capital management and investment at enterprises and assign the Government to provide detailed regulations on state capital management at enterprises belonging to these organizations.

Specific regulations are needed to facilitate the implementation process.

National Assembly Chairman Tran Thanh Man suggested that it is necessary to carefully review each clause, each article, each chapter to avoid duplication. For example, Clause 1, Article 16 stipulates that the National Assembly decides on the policy of investing state capital in enterprises from the state budget as prescribed in Clause 1, Article 11 of this Law, with a value corresponding to an important national project according to the provisions of the law on public investment.

However, Clause 1, Article 11 only stipulates investment sources from the state budget, so quoting is unnecessary, the National Assembly Chairman noted.

Regarding the wording, the National Assembly Chairman said that there are still some confusing points, for example, Clause 6, Article 3, which stipulates that state capital in an enterprise is determined by the enterprise's equity capital corresponding to the ratio of shares owned and the state's capital contribution in the enterprise, is much more confusing than the current Law and the draft Law submitted to the National Assembly at this Ninth Session.

Regarding the information system for management and state investment in enterprises in Article 8, according to the National Assembly Chairman, this is an important content related to the management, inspection and supervision of state capital investment management activities in enterprises.

Therefore, it is necessary to consider whether the draft Law should specifically regulate the content and components of information exploitation of this system or not? Or, based on the framework principles, should the Government issue a decree and the Ministry of Finance issue more specific circulars?

Regarding state capital investment in enterprises, the draft Law stipulates 5 forms of state capital investment in enterprises, and assigns the Government to specify the above 5 forms in detail. The National Assembly Chairman noted that in the detailed regulations, it is necessary to review and clarify concepts, such as: state capital investment in enterprises applying high technology, large investment, creating momentum for rapid development for other industries, fields and the economy; enterprises in key and essential fields of the economy... Because these are concepts with a wide scope, they need to be specifically regulated to facilitate the implementation process.

Regarding the preservation and development of enterprise capital in Article 26, the draft Law is revised in the direction that the preservation and development of enterprise capital is assessed on the basis of the overall efficiency of the enterprise, excluding impacts caused by testing new technologies, new business models and impacts of objective factors.

With the above content, the National Assembly Chairman suggested that there should be stricter and more precise regulations. Because Resolution No. 57-NQ/TW of the Politburo on breakthroughs in science, technology, innovation and national digital transformation only stipulates that there is a policy of exemption from liability in cases where testing new technologies and new business models causes economic damage due to objective reasons.

Resolution No. 68-NQ/TW on private economic development also only emphasizes the nature of controlled testing of new technologies, products, services, and new economic models. The National Assembly has issued Resolution No. 198/2025/QH15 on a number of special mechanisms and policies for private economic development. Therefore, it is necessary to update these new issues to facilitate more favorable implementation.

Agreeing with the decision not to add enterprises with investment capital from political organizations, the Vietnam Fatherland Front, and socio-political organizations to the subjects of application of the Law, Chairman of the Law and Justice Committee Hoang Thanh Tung suggested that this content should be further clarified based on the comparison with the provisions in Article 56 on capital management and investment in enterprises belonging to political organizations, the Vietnam Fatherland Front, and member organizations.

Phuong Lien

Source: https://baochinhphu.vn/doanh-nghiep-duoc-tang-cuong-quyen-tu-chu-tu-chiu-trach-nhiem-102250606181104186.htm