Continuing the agenda of the 8th Session of the 15th National Assembly , on the morning of November 23, the National Assembly held a plenary session in the assembly hall to hear the presentation and the verification report on the draft Law on Management and Investment of State Capital in Enterprises.
The draft Law on State Capital Management and Investment in Enterprises is built on the basis of closely adhering to the objectives, guiding principles, and concretizing the content of the six main policy groups in the draft law proposal that the Government approved, submitted to the Standing Committee of the National Assembly for consensus, and subsequently approved by the National Assembly; aiming to concretize the Party's guidelines and policies as outlined in Resolution No. 5 of the 12th Central Committee, the documents of the 13th National Congress of the Communist Party of Vietnam, and international commitments that Vietnam has signed regarding the management and investment of state capital in enterprises; and to address difficulties and obstacles in the implementation of Law No. 69/2014/QH13.
The draft Law on State Capital Management and Investment in Enterprises is being developed to improve the institutional framework and stabilize the legal environment for state capital investment in enterprises; to create a complete and stable legal environment and framework for the management and investment of state capital in enterprises; to ensure respect for and enhancement of the autonomy and accountability of enterprises, along with strengthening state inspection and supervision in the management and investment of capital in enterprises; and to ensure that enterprises operate according to market mechanisms in the business sectors and professions required by the State (the owner).
At the same time, enhance the role and operational efficiency of state-owned enterprises commensurate with the state capital invested in them, ensuring that enterprises with state investment play a leading role and hold a key position in the economy; mobilize and fully utilize the resources of the state economic sector in general, and state-owned enterprises in particular, for socio-economic development.
Presenting the verification report on the draft Law on Management and Investment of State Capital in Enterprises, the Chairman of the National Assembly's Finance and Budget Committee, Le Quang Manh, stated that the provisions of the draft law will contribute to institutionalizing the Party's views and policies on continuing to restructure, innovate, and improve the efficiency of state-owned enterprises; ensuring that state-owned enterprises operate according to market mechanisms, respecting and enhancing the autonomy and accountability of enterprises; and strengthening state inspection and supervision in the management and investment of capital in enterprises.
The majority of opinions agreed with the view of strongly reforming administrative procedures in the management and investment of state capital in enterprises, linked with clear assignment and strong decentralization to state capital ownership representative agencies and enterprises; separating the functions and tasks of state management agencies and state capital ownership representative agencies from the production and business activities of enterprises as stated in the Government's submission.
However, besides enterprises with more than 50% state capital, there are other types of enterprises with state investment that are not yet regulated within the scope of the draft law.
Therefore, the Finance and Budget Committee of the National Assembly proposes that the scope of state capital management and investment should be reviewed and expanded to include principled regulations in the draft law; at the same time, the Government should be tasked with providing detailed regulations for these state-invested enterprises with appropriate management measures and levels.
The Finance and Budget Committee found that allocating a maximum of 50% of after-tax profits to the Development Investment Fund for enterprises with 100% state investment is appropriate.
The draft law has revised the regulations on the purpose of using the Development Investment Fund in enterprises, stipulating that it will be implemented according to government regulations.
The Finance and Budget Committee agreed with the draft law but proposed adding a draft decree guiding its implementation to ensure compliance with the Law on the Promulgation of Legal Documents.
At the same time, the draft decree needs to specify the authority, decision-making, scope, and content of fund utilization, ensuring that the principle of state capital, after being invested in enterprises, is considered an asset and capital of the enterprise.
Regarding the arrangement and restructuring of state investment capital in enterprises (Chapter V), the Finance and Budget Committee basically agrees with the principles for arranging and restructuring state investment capital in enterprises as stated in the draft law.
However, the Finance and Budget Committee suggested that the drafting agency review and supplement several principles to ensure they align with the spirit of Resolution No. 12-NQ/TW, dated June 3, 2017, of the 5th Plenum of the 12th Central Committee of the Communist Party of Vietnam on "continuing to restructure, innovate, and improve the efficiency of State-owned enterprises," such as: applying advanced asset valuation methods consistent with market mechanisms; ensuring that State capital, assets, and enterprise value are fully, reasonably, publicly, and transparently valued; supplementing regulations on handling cases of undervaluation of assets and enterprises, causing losses of State capital; and stipulating the responsibility of independent valuation consulting organizations in valuing assets, capital, and determining enterprise value.
TB (according to VNA)Source: https://baohaiduong.vn/sap-xep-co-cau-lai-von-dau-tu-cua-nha-nuoc-tai-doanh-nghiep-398680.html
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