Laws of Vietnam

DECISION No.111/1998/QD-TTg OF JUNE 29, 1998 ON SETTING UP THE CENTRAL COMMITTEE FOR ENTERPRISE MANAGEMENT RENEWAL

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of September 30, 1992;

In order to assist the Prime Minister in intensifying his direction on the renewal of the State management over enterprises;

At the proposals of the Minister-Director of the Office of the Government and the Minister-Head of the Government Commission for Organization and Personnel,

DECIDES:

Article 1.- To set up the Central Committee for Enterprise Management Renewal to assist the Prime Minister in studying and directing the renewal of the management of enterprises of all economic sectors as well as in the arrangement and equitization of State enterprises and coordinating the ministries, ministerial-level agencies, agencies attached to the Government and People's Committees of the provinces and cities directly under the Central Government therein.

The Central Committee for Enterprise Management Renewal shall be personally directed by the Prime Minister.

Article 2.- The Central Committee for Enterprise Management Renewal shall have the following principal tasks and powers:

1. Studying, summing up and submitting to the Prime Minister programs and plans on the renewal of mechanisms and policies, the organization and management of enterprises of all economic sectors, the arrangement, equitization and diversification of ownership of State enterprises as well as experimenting new policies and new organizational and managerial models for enterprises.

Guiding, urging and overseeing the implementation of the above-mentioned programs and plans.

2. Evaluating and submitting to the Prime Minister for consideration and decision various plans on the arrangement and equitization of State enterprises, which are submitted to the Prime Minister by the ministries, ministerial-level agencies, agencies attached to the Government and People's Committees of the provinces and cities directly under the Central Government.

Studying, monitoring and summing up the situation of the renewal of the organizational structure and management mechanism of State corporations established by decision of the Prime Minister.

3. Coordinating with the functional agencies to draft legal documents on the renewal of mechanisms and policies on the management of enterprises of all economic sectors as well as the arrangement and equitization of State enterprises; evaluating legal documents on the above-,mentioned matters and submitting them to the Prime Minister for consideration and decision, and monitoring, urging and supervising the materialization of such documents.

Studying and proposing to the Prime Minister policies and mechanisms aiming to speed up the establishment and development of enterprises of all economic sectors; mechanisms and policies in support of medium- and small-sized enterprises.

4. Coordinating with the concerned central and local agencies in promptly resolving any problems in the process of enterprise management renewal and the equitization of State enterprises and proposing to the Prime Minister for settlement questions beyond the jurisdiction of the ministers, the heads of ministerial-level agencies, the heads of agencies attached to the Government and the presidents of the People's Committees of the provinces or cities directly under the Central Government.

Coordinating with the concerned agencies and the Office of the Government in settling petitions of enterprises regarding the renewal of policies and institution regarding the management of enterprises.

5. Monitoring, reviewing and making biannual, annual and irregular reports to the Prime Minister on the situation of enterprise renewal and equitization of State enterprises.

Article 3.- The organizational apparatus of the Central Committee for Enterprise Management Renewal shall comprise:

1. The Committee's leadership:

- Its head shall be a Deputy Prime Minister.

- A number of deputy heads, including a permanent deputy head.

- Each of the following agencies shall appoint a leading official as member of the Committee: The Ministry of Planning and Investment, The Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs, the State Securities Commission and the Office of the Government.

- Requesting the Organization Commission and the Economic Commission of the Party Central Committee and the Vietnam General Federation of Labor each to appoint a leading official as member of the Committee.

The list of leading officials of the Committee shall be decided by the Prime Minister.

The head of the Committee shall take responsibility for all activities of the Committee before the Prime Minister. The deputy heads and members of the Committee shall take responsibility before the head of the Committee for the working areas assigned to them.

2. The Committee for Enterprise Management Renewal shall have an assisting apparatus to be decided by the head of the Committee in consultation with the Minister-Director of the Office of the Government.

The Committee shall have its own official payroll as part of the payroll of the Office of the Government. Its funding, head office and working facilities shall be provided by the Office of the Government.

3. The Central Committee for Enterprise Management Renewal shall work under its regulations to be decided by its head. The head of the Committee and the Minister-Director of the Office of the Government shall define in detail the working relations between the Committee and the Office of the Government.

Article 4.- The ministers, the heads of the ministerial-level agencies and agencies attached to the Government (the ministries and agencies having the task of renewing the management of enterprises of all economic sectors, arranging and equitizing State enterprises) and the presidents of the People's Committees of the provinces and cities directly under the Central Government each shall be allowed to set up a Committee for Enterprise Management Renewal with one of their deputies as its head. Such committee shall be placed under the all-sided direction of the minister, the head of the ministerial-level agency, the head of the agency attached to the Government or the president of the People's Committee of the province or city directly under the Central Government in the implementation of the policy on enterprise management renewal, arrangement and equitization of State enterprises within the scope of its responsibility and at the same time performing the necessary professional tasks under the guidance of the Central Committee for Enterprise Management Renewal. For State corporations established by decision of the Prime Minister, the chairmen of their Managing Boards shall have to organize and direct the renewal of the management and the equitization of their member enterprises.

Article 5.- This Decision takes effect from the date of its signing.

Decision No. 83-TTg of March 4, 1993 of the Prime Minister on the setting up of the Central Steering Committee for Enterprise Renewal and Decision No. 548-TTg of August 13, 1996 of the Prime Minister on the setting up of the Central Steering Committee for Equitization and all previous provisions which are contrary to this Decision are hereby annulled.

Article 6.- The head of the Central Committee for Enterprise Management Renewal, the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People's Committees of the provinces and cities directly under the Central Government, the chairmen of the managing boards and the general directors of the State corporations established by decision of the Prime Minister shall have to implement this Decision.

For the Prime Minister

Deputy Prime Minister

NGUYEN TAN DUNG