Quyết định 38/2007/QD-TTg

DECISION

ON CRITERIA FOR CLASSIFICATION OF AND LIST OF ENTERPRISES WITH ONE HUNDRED (100) PER CENT STATE OWNED CAPITAL

THE PRIME MINITER

Pursuant to the Law on Organization of the Government dated 25 December 2001; Pursuant to the Law on State Owned Enterprises dated 26 November 2003; Pursuant to the Law on Enterprises dated 29 November 2005;
Having considered the proposal of the Minister of Planning and Investment,

DECIDES:

Article 1. To issue with this Decision the criteria for classification of enterprises with 100% State owned capital, and the list of such enterprises.

Article 2. This Decision shall apply to independent State owned companies, to one member limited liability companies with 100% State owned capital, to independently accounting companies which are members of currently existing economic groups and State corporations.

Article 3. This Decision shall replace Decision 155/2004/QD-TTg of the Prime Minister dated 24 August 2004 and shall be of full force and effect after 15 days from the date of its publication in the Official Gazette. Ministers, heads of ministerial equivalent bodies, heads of Government bodies, chairmen of people's committees of provinces and cities under central authority, and boards of management of economic groups and Corporations 91 shall be responsible for implementing this Decision, and shall continue to classify and re-organize the following entities within their management namely independent State owned companies, one member limited liability companies with 100% State owned capital, and independently accounting companies which are members of currently existing economic groups and State corporations, and shall make submissions thereon to the Prime Minister of the Government prior to 31 May 2007.

The Ministry of Planning and Investment shall co-ordinate with the Steering Committee for Enterprise Reform to guide and activate implementation of this Decision and shall make periodical reports thereon to the Prime Minister of the Government.

CRITERIA

FOR CLASSIFICATION OF AND LIST OF ENTERPRISES WITH ONE HUNDRED (100) PER CENT STATE OWNED CAPITAL
(Issued with Decision 38/2007/QD-TTg of the Prime Minister of the Government dated 20 March 2007)

I. THE STATE SHALL HOLD 100% CHARTER CAPITAL OF ENTERPRISES OPERATING IN THE FOLLOWING INDUSTRIES AND SECTORS:

- Manufacture and supply of explosives;

- Manufacture and supply of toxic chemicals;

- Manufacture and supply of radioactive materials;

- Manufacture and repair of weapons, ammunition and specialized equipment used for national defence and security; technical equipment and data and the supply of services to maintain secrecy of information by technical and professional ciphers;

- Enterprises assigned to implement special national defence and security tasks, and enterprises established in important strategic localities and remote areas and combining economic and national defence activities pursuant to a decision of the Prime Minister of the Government;

- Load transmission on the national grid; large scale electricity production with special socio-economic importance and special importance for national defence and security;

- Management and operation of national and urban railways; airports; large scale seaports;

- Operation of flights; operation of national and urban rail transportation;

- Assurance of maritime safety;

- Public benefit posts;

- Radio and television;

- Lotteries;

- Publishing and press;

- Printing money and casting coins;

- Manufacture of cigarettes;

- Management and operation of the system of irrigation works, inter-provincial and inter-district rural irrigation, and sea walls;

- Management and maintenance of dyke embankments, anti-flood and disaster prevention measures;

- Planting and protection of catchment area forests, protective forest land and specialized use forest land;

- Policy credit, servicing socio-economic development.

II. THE FOLLOWING ENTERPRISES SHALL BE EQUITIZED AND THE STATE SHALL HOLD MORE THAN 50% OF THE TOTAL shareholding:

1. Enterprises participating in manufacture and supply of public utility products and services:

- Maintenance of national rail system;

- Management and maintenance of the road system and inland waterway system; management and operation of seaports (except for the seaports stipulated in section I above);

- Map surveying;

- Production of scientific films, newsreels, documentary films and films for children;

- Urban water drainage;

- Urban lighting;

- Basic geological surveys, hydrography and meteorology;

- Prospecting, exploration and survey of land natural resources, water resources, mineral resources and other types of natural resources;

- Production and storage of farm produce seeds and animal pedigree sperm; production of disease preventing vaccines.

2. Enterprises satisfying essential requirements for development of production and raising the physical and spiritual living conditions of ethnic peoples in mountainous and remote areas.

3. Enterprises with the role of assuring major economic balancing and stable market operation in the following industries and sectors:

- Electricity production with output capacity of 100 MW or more;

- Mining minerals being coal, boxite, copper ore, iron ore, tin, gold and precious stones;

- Mining and processing petroleum and natural gas;

- New construction and repair of air transport means;

- Supply of communications information network infrastructure;

- Production of cast iron and steel with output capacity above 300,000 tons per year;

- Production of reverter furnace cement with design capacity above 1.5 million tons per year;

- Production of basic chemicals, artificial fertilizer and plant protection agents;

- Planting and processing of rubber and coffee;

- Production of high quality newsprint and writing paper;

- Wholesale of food;

- Wholesale of petrol and oil;

- Wholesale of preventive and treating medicines, and pharmaceutical chemical [products];

- Production of beer above 100 million litres per year;

- Exploitation, refining and supply of Level I and Level II network fresh water;

- International sea route transportation; rail and air transportation;

- Currency trading, insurance.