Deputy Prime Minister Ho Duc Phoc, Head of the Steering Committee for Enterprise Innovation and Development, chaired a meeting to collect opinions on three draft Decrees detailing the Law on Management and Investment of State Capital in Enterprises.
On the morning of July 17, Deputy Prime Minister Ho Duc Phoc, Head of the Steering Committee for Enterprise Innovation and Development, chaired a meeting with the Ministry of Finance and state-owned corporations and groups to seek opinions on three draft Decrees detailing the Law on Management and Investment of State Capital in Enterprises (Law No. 68/2025/QH15).
Reporting at the meeting, the Ministry of Finance said that the draft Decree regulating a number of contents on management and investment of state capital in enterprises includes 6 chapters and 37 articles, guiding the contents on assignment, decentralization, and assignment of rights and responsibilities of state ownership representatives related to management and investment of state capital (investment of state capital in enterprises; management of state capital in enterprises; assignment, decentralization, and assignment of rights and responsibilities of state ownership representatives).
The Draft Decree on monitoring, inspection, assessment, classification, reporting, and information disclosure in the management and investment of state capital in enterprises consists of 6 chapters and 52 articles. It stipulates the assessment and classification of enterprises according to 7 criteria. The draft proposes 2 new criteria compared to Decree 87/2015, which are Criterion 6 - implementation of investment activities of enterprises and Criterion 7 - Fulfillment of obligations to pay the state budget...
Business leaders give comments on the drafts.
The Draft Decree on restructuring state capital in enterprises consists of 8 chapters, 101 articles and 3 appendices, stipulating the following contents: Equitization of enterprises; conversion of enterprises in which the state holds 100% of charter capital into limited liability companies with 2 or more members and conversion of enterprises in which the state holds 50% of charter capital or more; consolidation, merger, division, separation, dissolution of enterprises; transfer of state capital in joint stock companies, limited liability companies with 2 or more members; transfer of the right to represent the ownership of state capital in enterprises; transfer of investment projects, capital, assets of enterprises; transfer of the right to purchase shares, the right to preemptive purchase of shares, the right to preemptive purchase of capital contributions; regulations on transition of related contents.
Compared with current regulations, the draft decree adds the following contents: Value of land use rights, land lease rights when equitizing; regulations on competent authorities approving the list of equitized enterprises; on competent authorities approving equitization plans, approving enterprise values, approving equitization settlement of level II enterprises...
Regarding mergers, consolidations, divisions, separations, and dissolutions of enterprises, the draft adds provisions on merging and consolidating level 2 enterprises into level 1 enterprises.
At the same time, the draft provides specific regulations on the dissolution of agricultural and forestry companies in which the State holds 100% of the charter capital; regulations on the transfer of investment projects, capital, and assets between enterprises; criteria for classifying state-owned enterprises and enterprises with state capital, etc.
Representatives of ministries, branches and localities commented on 3 drafts.
"New wind" creates conditions to promote the development of state-owned enterprises
At the conference, leaders of the Groups and Corporations SNP; Viettel; PVN; EVN; VNPT; VNR; TKV; VEC; BECAMEX, SCIC, BIDV emphasized: The National Assembly's promulgation of Law 68 with the spirit of removing obstacles, promoting decentralization, delegation of power, increasing autonomy, self-determination, and self-responsibility is a "new wind" creating conditions to promote the development of state-owned enterprises.
Highly appreciating the content of the draft 3 decrees guiding Law 68, business representatives also gave specific comments on the regulations: Authority to approve strategies and plans for enterprise development; management of charter capital; preservation and development of capital in enterprises; capital investment; lending capital to subsidiaries; equitization, divestment, capital transfer; valuation of land and assets during equitization; management and operation of key national projects; restructuring and rearrangement of enterprises; provisioning for foreign reserves;...
Business leaders also gave their opinions on: Criteria, methods of evaluating and classifying businesses; criteria for evaluating direct owners' representatives; procedures and authority for handling outstanding financial accounts; procedures for distributing dividends in shares to increase charter capital; distribution of after-tax profits, etc.
At the meeting, representatives of Ho Chi Minh City; State Bank of Vietnam, State Audit Office, Ministry of Justice also commented on regulations on: Increasing charter capital; decentralizing capital investment authority; valuing enterprises for equitization; restructuring enterprises; managing state-owned commercial banks owning more than 50% of shares; criteria for evaluating enterprises; bidding levels...
Deputy Prime Minister Ho Duc Phoc: We must strictly implement the policy of cutting administrative procedures, not creating a "request - grant" mechanism; not causing trouble, preventing harassment of people and businesses.
Must have innovative thinking, breakthrough solutions and long-term strategic vision; create development
Concluding the meeting, Deputy Prime Minister Ho Duc Phoc emphasized that the Law on Management and Investment of State Capital in Enterprises (Law No. 68/2025/QH15) promulgated by the National Assembly has fully institutionalized the Party's guidelines, policies and strategies, especially Resolutions 57, 66 and 68.
The law not only resolves problems arising in the practical operations of enterprises in recent times, but also has many new breakthroughs in decentralization, delegation of authority, enhancing the autonomy of enterprises, and unlocking resources for enterprise development.
In order for the Law on State Capital Investment Management in Enterprises to come into effect, the Deputy Prime Minister requested the Ministry of Finance to continue to perfect the draft decrees in the spirit of focusing on resolving problems and shortcomings related to regulations on decentralization and delegation of authority, and focusing on promoting decentralization and delegation of authority in resource allocation, improving implementation capacity associated with designing tools to strengthen inspection, supervision, and implementation organization.
Along with that, it is necessary to strictly implement the policy of cutting administrative procedures, not creating a "request - grant" mechanism; not causing trouble, preventing harassment of people and businesses.
Deputy Prime Minister Ho Duc Phoc assigned the Ministry of Finance to fully synthesize valid opinions of ministries, branches, enterprises and opinions at the meeting; review transitional regulations; coordinate with the Ministry of Justice and relevant agencies to complete the draft of 3 decrees to submit to the Government before July 25.
Emphasizing the need for innovative thinking, breakthrough solutions and long-term strategic vision; creating development for the benefit of the nation and people, avoiding local interests, the Deputy Prime Minister requested that mechanisms must ensure the basis for implementation, be consistent with reality, resolve difficulties and obstacles, and take enterprises as the center, the subject and the target of development.
Deputy Prime Minister Ho Duc Phoc assigned the Ministry of Finance to fully synthesize valid opinions of ministries, sectors, enterprises and opinions at the meeting; review transitional regulations; coordinate with the Ministry of Justice and relevant agencies to complete the draft 3 decrees to submit to the Government before July 25./.
Tran Manh
Source: https://baochinhphu.vn/hoan-thien-du-thao-3-nghi-dinh-quy-dinh-chi-tiet-luat-68-2025-qh15-trinh-chinh-phu-truoc-25-7-102250717132023265.htm
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