Before the National Assembly voted, Chairman of the Economic and Financial Committee Phan Van Mai presented a report explaining, accepting and revising the draft Law on Management and Investment of State Capital in Enterprises.
Regarding the subjects of application (Article 2 of the draft Law), there are opinions suggesting adding state-owned enterprises according to the provisions of the Law on Enterprises, including: credit institutions with 50% or more state-owned capital (excluding deposit insurance and policy banks); enterprises with investment capital from political organizations, socio-political organizations, and the Fatherland Front of Vietnam.
The National Assembly Standing Committee believes that the charter capital of enterprises belonging to Party agencies, the Fatherland Front and socio-political organizations, social-professional organizations assigned by the State when established not only includes state capital but also uses many other capital sources. Therefore, including this group of enterprises in the scope of regulation of the draft Law will not ensure consistency with the goals and subjects of regulation of the Law.
However, in order to create a legal basis for investment activities and capital management of the above organizations, the draft Law has stipulated in Article 56 and assigned the Government to specify in detail.
In addition, to ensure consistency in the legal system, the National Assembly Standing Committee has directed agencies to review, revise, and supplement the content of "state investment and support" for Vietnam Cooperative Bank in Article 57 of the draft Law.
Regarding the investment activities of enterprises (Article 20 of the draft Law), Mr. Mai said that there are opinions suggesting considering not allowing all state-owned enterprises to invest in real estate but only allowing large state-owned enterprises to invest in this field.
The National Assembly Standing Committee believes that state-owned enterprises are allowed to conduct business activities in accordance with the provisions of law and the State's orientation with the role of owners through regulations and development strategies of enterprises.
Therefore, the regulation not allowing all state-owned enterprises to invest in real estate, but only allowing a number of large-scale state-owned enterprises to carry out this investment activity will limit the autonomy in business activities of enterprises, which is not in line with the Party's policy on innovation and improving the efficiency of state-owned enterprises.
"The National Assembly Standing Committee would like to not stipulate this content in the draft Law" - Mr. Mai said.
Regarding the transfer of investment projects and investment capital of enterprises (Article 21 of the draft Law), taking into account the opinions of National Assembly deputies, in order to ensure flexibility in organization and implementation, promptly handling situations arising in practice but still maintaining the requirements for publicity and transparency, the National Assembly Standing Committee has directed agencies to review and revise Clause 6, Article 21 of the draft Law and assigned the Government to specify in detail this Article.
Regarding the preservation and development of capital of enterprises (Article 26 of the draft Law), there are opinions suggesting adding a clause to Article 26, not applying the criteria for preserving and developing capital for a number of enterprises performing national defense, security and socio-political tasks assigned by the Party and the State.
The National Assembly Standing Committee would like to accept part of the opinions of National Assembly deputies and has directed agencies to review, revise, and change the content of regulations on excluding factors affecting capital preservation and development in Clause 2, Article 26 on Clause 2, Article 51 of the draft Law...
