Reporting on a number of major issues regarding the reception, explanation, and revision of the draft Law, Chairman of the National Assembly's Economic and Financial Committee Phan Van Mai said that regarding the limitations in business investment activities, the Standing Committee of the Economic and Financial Committee said that the freedom of business of businesses and people has been specifically institutionalized in the Investment Law and the Enterprise Law.
Accordingly, the Investment Law clearly stipulates sectors and occupations prohibited from investment and business. These regulations are applied to all economic sectors to ensure fair competition between enterprises of different economic sectors.
The Standing Committee of the Economic and Financial Committee proposed that it is necessary to specify cases of restrictions on state-owned enterprises' investment in the draft Law and requested the Government to propose additional industries and trades in which state-owned enterprises are not allowed to invest or do business.
Regarding the authority to decide on personnel at enterprises, many opinions in the Standing Committee of the Economic and Financial Committee proposed to revise and supplement a principled provision in the draft Law on the authority to decide on personnel.
The Standing Committee of the Economic and Financial Committee proposed not to stipulate that the board of members and the company chairman must consult the owner's representative agency before deciding on salary policies for direct owners' representatives and controllers.
Many opinions in the Standing Committee of the Economic and Financial Committee suggested not to stipulate the content "except for cases of use to supplement charter capital, invest in projects according to Government regulations", because according to the provisions of the State Budget Law, all remaining profits after setting aside funds of state-owned enterprises are paid to the budget; the draft Law has stipulated that no more than 50% is allocated to the Enterprise Development Investment Fund for use in development investment and supplementing the charter capital of enterprises.
Regarding the contents of the State capital representative asking for opinions, rights and responsibilities of the owner's representative agency, the Standing Committee of the Economic and Financial Committee proposed to review and adjust in the direction of only regulating really important contents that need to ask for opinions from the owner's representative agency before participating in voting; assign the Government to specify in detail.
At the meeting, National Assembly Chairman Tran Thanh Man said that the drafting of this Law should focus on perfecting strong and clear institutions, improving the efficiency of state-owned enterprises, and removing current obstacles. The National Assembly Chairman noted the issue of the form of management of state-owned enterprises with less than 50% capital contribution; separating investment management from state management functions; strongly decentralizing and delegating power to the representative agencies of owners and business leaders...
The National Assembly Chairman requested to continue perfecting regulations on the scope of regulation, supervision mechanism, and role of the investment capital management corporation to ensure feasibility, transparency, and consistency with the current legal system.
In addition, the National Assembly Standing Committee also requested that the drafting and reviewing agencies continue to review and strictly implement Regulation No. 178-QD/TU of the Politburo on controlling power, preventing and combating corruption and negativity in law-making work.
Speaking at the meeting, Deputy Prime Minister Ho Duc Phoc said that wherever there is state capital, there must be management, and the management agency will represent the capital owner. The current Enterprise Law on State capital stipulates that if it is over 50%, it has the right to veto, and if it is under 50% and cannot be vetoed, it must be reported to the owner to use management and control tools.
Regarding the salary payment mechanism, Deputy Prime Minister Ho Duc Phoc said that this is a mechanism to attract talents, experts, and good technical staff, so the salary payment mechanism needs to be implemented like the private sector, giving the right to decide on salary payment to businesses.
Concluding this content, Vice Chairman of the National Assembly Nguyen Duc Hai said that the National Assembly Standing Committee requested relevant agencies to promptly absorb and complete the draft Law to submit to the National Assembly for consideration and approval at the ninth session.
Source: https://hanoimoi.vn/tao-su-chu-dong-cho-doanh-nghiep-co-von-nha-nuoc-dau-tu-kinh-doanh-699330.html
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