Quyết định 37/2014/QĐ-TTg của Thủ tướng Chính phủ về việc ban hành tiêu chí, danh mục phân loại doanh nghiệp Nhà nước

THE GOVERNMENT

Decision No. 37/2014/QD-TTg dated June 18, 2014 of the Government on promulgating the criteria, lists of classification of State-owned enterprises

Pursuant to the Law on the Organization of the Government dated December 25, 2001;

Pursuant to the Business Law dated November 29, 2005;

Pursuant to the Decree No. 99/2012/ND-CP dated November 15, 2012 of the Government on assignment, decentralization of the implementation of the rights, responsibilities and obligations of state owner for the state owned enterprises and state capital invested in the enterprises

Pursuant to the Decree No. 71/2013/ND-CP dated July 11, 2013, on investment of state capital in enterprises and financial management of enterprises of which 100% charter capital is held by the State;

At the proposal of the Ministry of Planning and Investment,

The Prime Minister promulgates the Decision on the criteria, lists of classification of State-owned enterprises.

Article 1. Promulgating together with this Decision the criterion, list of classification of state-owned enterprises

Article 2. Scope and subject of application

1. Scope of application

The criteria, lists of classification of State-owned enterprises promulgated together with this Decision are the basics to classify and enhance the classification, renovation of existing state-owned enterprises.

2. Subject of application

a) One-member limited liability companies established by the Prime Minister, Ministers, Heads of ministerial-level organs, Heads of governmental organs, presidents of provincial/municipal People's Committee, member Council, state owned economic group and corporations.

b) Joint-stock companies, limited liability Company with two or more members whose shares are held over 50% of the current total shares by ministries, ministerial-level organs, governmental agencies, provincial/municipal People's Committees, member Council, state owned economic group and corporations.

Article 3. Implementation organization

Ministries, ministerial-level organs, governmental organs, provincial/municipal People's Committee, member Council, state owned economic group and corporations based on this Decision shall be liable:

1) To review, classify, supplement the solutions to classifying state owned enterprises in the 2014 – 2015 period and build the solutions to classifying in the next period, submitting to the Prime Minister in Quarter III – 2014.

2) To decide or submit to the competent agency for decision on adjusting the ratio held by the state when implementing the equitization of the enterprises approved by the Prime Minister in the 2011 – 2015 period.

3) To build the roadmaps based on the current situation and organize the sale of state owned shares at Joint Stock Companies and limited liability Company with two or more members.

4) Before January 20 of every month, to report the situation, results of classifying state owned enterprises within the scope of management to the Ministry of Planning and Investment to sum up and report to the Prime Minister.

5) In the course of implementation, if arising any special cases is not in accordance with this Decision, it must be reported to the Prime Ministers for consideration and decision.

Article 4. Implementation responsibilities

This Decision takes effect on August 06, 2014 and replaces the Decision No. 14/2011/QD-TTg dated March 04, 2011 of the Prime Minister.

The Ministers, Heads of ministerial-level organs, Heads of governmental organs, presidents of provincial/municipal People's Committee, member Council, economic group and corporation established by the Prime Minister’s decision are liable to execute this Decision.

The Ministry of Planning and Investment is responsible for monitoring, supervising and speeding up the Ministries and branches, localities, state owned economic group and corporation the implementation of this decision and annual summing up the situation, making report to the Prime Minister./.

Prime Minister

Nguyen Tan Dung

CRITERIA AND LIST OF CLASSIFICATION OF STATE-OWNED ENTERPRISES

(Promulgated together with the decision No. 37/2014/QD-TTg dated June 18, 2014 of the Prime Minister)

I. THE STATE HOLDS 100% OF CHARTER CAPITAL FOR THE ENTERPRISES OPERATING IN THE FOLLOWING BRANCHES AND FIELDS:

1. Directly serving the national defense, security as specified by the Prime Minister.

2. Manufacturing and supplying explosive materials;

3. Manufacturing and supplying toxic chemicals;

4. Transmitting the national power system; multi-objective power and nuclear power that has a particularly important meaning to the economy and society attached to the national defence and security.

5. Managing and exploiting the infrastructure system of the national and urban railway; controlling the national and urban railway transportation.

6. Managing, exploiting the airports that have an important role to the national defence and security; air navigation services;

7. Ensuring maritime safety;

8. Supplying public interest post;

9. Lottery;

10. Publishing (excluding printing and publication distribution);

11. Printing and minting money;

12. Performing geodetic activities to serve for national defence and security;

13. Managing, exploiting the irrigation system, inter-provincial and inter-district agricultural hydraulic engineering, sea prograding stone embankment;

14. Growing and protecting watershed, protection forest and special-use forest;

15. Credit policy, serving the economic and social development;

16. The member enterprises play a key role in the activity of production and business, development strategy, holding business keys and technology that the groups and state corporations need to hold 100% of the capital in order to carry out the tasks and main business line assigned.

II. THE ENTERPRISES CARRYING OUT THE EQUITIZATION, THE STATE HOLDS OVER 75% OF THE TOTAL SHARE

1. Managing, exploiting, maintaining airports (except the airports specified under Part I);

2. Managing, exploiting national general ports, international gateway ports;

3. Managing, exploiting, and maintaining the system of road, local water way;

4. Maintaining the infrastructure system of the national railway;

5. Supplying telecom infrastructure;

6. Exploiting the minerals with large scale;

7. Exploiting and processing oil and natural gas;

III. THE ENTERPRISES CARRYING OUT THE EQUITIZATION, THE STATE HOLDS FROM 65% TO UNDER 75% OF THE TOTAL SHARE

1. Processing oil and natural gas;

2. Producing cigarette;

3. The enterprises ensure the crucial needs for developing production and improve the material and spiritual life of the ethnic people in the mountain area, remote area.

4. Planting and processing rubber, coffee, planting and managing artificial forest at the strategic areas, mountainous and remote areas attached with the national defence and security;

5. The enterprises that have role to ensure major balances of the economy, market stabilization in the following sectors and fields:

a) Wholesaling the preventing and treating drug;

b) Wholesaling foodstuffs;

c) Wholesaling gas and oil;

6) Finance and banking (excluding insurance, securities, Fund Management Company, finance company and financial leasing company).

7. Air transportation;

8. Power distribution;

IV. THE ENTERPRISES CARRYING OUT THE EQUITIZATION, THE STATE HOLDS FROM OVER 50% TO UNDER 65% OF THE TOTAL SHARE

1. Urban water drainage;

2. Environmental sanitation;

3. Urban lighting;

4. Exploiting, manufacturing and supplying urban clean water;

5. Hydrometeorological and geological basic survey; Surveying, researching and exploring the resources of land, water, minerals and kinds of natural resources;

6. Producing and storing the original breed, seedling, plants, and domestic animal and frozen sperms; producing vaccines for disease prevention;

7. Producing basic chemicals, chemical fertilizer, and pesticide;

8. Planting and processing rubber, coffee, planting and managing the artificial forest at the areas that are not specified under part III.

9. International maritime transport; railway and air transportation;

Prime Minister

Nguyen Tan Dung