On the morning of November 23, Mr. Nguyen Dinh Khang, member of the Party Central Committee, President of the Vietnam General Confederation of Labor, spoke at a discussion group on the draft Law on Management and Investment of State Capital in Enterprises.
Mr. Nguyen Dinh Khang said that previously, the Law on Management and Use of State Capital Invested in Production and Business at Enterprises (Law No. 69) did not have regulations on how enterprises belonging to socio-political organizations could manage State capital.
During the process of implementing the arrangement and renovation of enterprises under the Trade Union organization, problems arose. The Trade Union organization made many recommendations to the Government to amend Decree 10.
Recently, when amending Decree 10 into Decree 97, it allowed: For socio-political organizations to apply the provisions of Law 69 in the process of arranging and innovating enterprises.
When amending Law 69 with this draft law, Article 9 stipulates the tasks and powers of the Government; Article 10 stipulates the tasks, powers and responsibilities of ministries, ministerial-level agencies and provincial People's Committees; Article 11 stipulates the tasks and powers of agencies and representatives of capital owners; Article 12 stipulates the tasks, powers and responsibilities of enterprises.
Article 40 of the draft law states that the capital ownership representative agencies are: Political organizations, socio-political organizations, socio-professional organizations, and the Vietnam Fatherland Front performing the task of representing capital owners for enterprises under their management.
Mr. Nguyen Dinh Khang said that this is a change compared to Law 69, but has not yet fully stated the specifics.
For the Trade Union organization, there is another characteristic: Up to now, the Trade Union Law has not been approved, but the Trade Union Law 2012 has determined that the Trade Union is the owner of the capital of enterprises belonging to the Trade Union organization. When this law is amended, it is very difficult to distinguish the owner, it is only amended that the assets of these enterprises belong to the Trade Union organization.
According to Mr. Nguyen Dinh Khang, all enterprises of the Trade Union organization when reorganizing and innovating enterprises must comply with Conclusion 175 of 2008 of the Secretariat. In general, the Government has annual programs and plans for the entire process of reorganizing and innovating State-owned enterprises. However, for the Trade Union organization since 2008, after Conclusion 175 was issued, there has not been any document replacing it, so it is difficult to determine the authority.
The President of the Vietnam General Confederation of Labor said that it is necessary to clearly define the authority. Currently, enterprises of the Trade Union organization are not newly established, only arranged, if the authority is not clear, it will be stuck in the arrangement process.
Mr. Nguyen Dinh Khang gave an example of a business, a hotel of the Trade Union organization, which wants to have an investment project to upgrade effectively, to operate effectively, it must invest more capital. The Trade Union organization currently does not have the resources to increase capital, related to authority.
The President of the Vietnam General Confederation of Labor proposed that it is necessary to study and have separate regulations on the authority of enterprises belonging to trade union organizations...
