On December 12, Deputy Prime Minister Ho Duc Phoc chaired a meeting on the draft Decree on restructuring state capital in enterprises and the draft Decree on monitoring, inspecting, evaluating, classifying, reporting and publicizing information in the management and investment of state capital in enterprises.
Speaking at the meeting, the Deputy Prime Minister stated that our goal is to improve the capacity of businesses after equitization (CPH), promote sustainable development of businesses, and contribute to the development of the country, not CPH for people to "buy shares to get land for sale".
It is necessary to strictly manage and close legal "loopholes" related to land during thePH process; strictly prohibit the exploitation ofPH to cause loss of State assets and land; thePH must be implemented in accordance with the provisions of law.
Regarding the issue of "whether the value of land use rights is included in the enterprise value or not", the Deputy Prime Minister stated the view that for land that has paid land rent once, if people have paid the money and then of course it must be included in the enterprise value.
For land subject to annual land lease, if not paid, it will not be included in the enterprise value. This is in accordance with Resolution 12 of the Central Executive Committee.
According to the Deputy Prime Minister, the Land Law does not prohibit changing land use purposes, but the issue is "whether or not to change land use purposes and in what form is decided by the competent person". The Land Law stipulates this content very strictly.
Therefore, the draft Decree must be designed and expressed in a reasonable, strict, and in accordance with the provisions of the Land Law, easy to understand and implement, to ensure the right to change the land use purpose of enterprises, while not allowing any loss or waste when changing the land use purpose.
Regarding the content of selling shares of state-owned enterprises, the Deputy Prime Minister requested that it be clearly regulated on transferring capital or shares of state-owned enterprises to other state-owned enterprises; selling shares of state-owned enterprises to employees and selling shares outside.
For the draft Decree on supervision, inspection, evaluation, classification, reporting and publicization of information in the management and investment of state capital in enterprises.
The report of the Ministry of Finance clearly stated the contents related to the supervision and inspection of the owner's representative agency for representatives and enterprises (indirect supervision; direct supervision, inspection); supervision and inspection of the Ministry of Finance for the owner's representative agency; principles of business evaluation and classification; methods of business evaluation and classification; indicators of business evaluation and classification...
Concluding this content, the Deputy Prime Minister requested that the contents related to the supervision, inspection plan, monitoring delegations, and supervisors must be clearly defined, both regular and ad hoc; supervision should focus on assigned basic targets and some important targets.
Ensure strict and timely detection of incorrect manifestations for correction; as well as not letting inspection and supervision affect the production and business activities of enterprises.
