On the morning of May 13, the Draft Law on Management and Investment of State Capital in Enterprises was discussed in the National Assembly.
Participating in contributing opinions, delegate Vo Manh Son - National Assembly Delegate of Thanh Hoa province suggested that the drafting agency consider revising a number of articles and clauses in the draft law.
Regarding the subjects of law application (Article 1), according to the delegate, to ensure compliance with the Trade Union Law and practical operations, it is necessary to add the subjects of "state-owned enterprises under the Enterprise Law, credit institutions with more than 50% of charter capital held by the State (except for deposit insurance and policy banks), enterprises with investment capital from political organizations, socio-political organizations, and the Vietnam Fatherland Front".
From the management practice, Mr. Vo Manh Son also proposed to amend and supplement in Clause 1, Article 3 of the Draft Law, whereby: The representative agency of the owner is the agency and organization assigned by the Government to exercise the rights and responsibilities of the State owner representative for the state capital invested in enterprises, political organizations, socio -political organizations, the Vietnam Fatherland Front with the capital of these organizations.
Regarding State investment capital (Clause 4, Article 11), the delegate proposed to add a provision: State capital invested in enterprises includes capital contributed from political organizations, socio-political organizations, the Vietnam Fatherland Front and other legal capital sources as prescribed by the Government.
In addition, in Articles 12 and 13 of the draft law, Mr. Son said that most of the current trade union enterprises operating in the fields of accommodation, cuisine, travel, entertainment, microfinance institutions, credit institutions serving workers operating under the Law on Credit Institutions come from invested capital.
The above conditions are consistent with the draft law, ensuring the principle of effective business operations and need to supplement the charter for production and business activities as prescribed in Clause 1, Article 13 of the draft law.
"Therefore, it is recommended to add enterprises with investment capital from political organizations, socio-political organizations, and the Vietnam Fatherland Front to Clause 1, Article 12 of the draft law," delegate Vo Manh Son stated.
Regarding the regulation on transferring state capital at joint stock companies and two-member LLCs, the delegate said that the current regulation has inappropriate points.
Mr. Son cited that many state-owned enterprises when equitized sell shares to grassroots trade union organizations, and grassroots trade unions at equitized enterprises are allowed to use union capital at equitized enterprises to buy shares but not more than 3% of charter capital.
"Therefore, the drafting agency should study and supplement regulations on revenue from capital and enterprise transfers of trade union organizations to comply with current legal practice and the Trade Union Law," said delegate Vo Manh Son.
The delegate proposed to amend Clause 5, Article 35 in the direction of: Tuition collected after deducting expenses for the process of transferring state capital to the state budget paid to the finances of political organizations, socio-political organizations, and the Vietnam Fatherland Front for enterprises according to regulations.
