Revue de littérature: Ref # 2_State Management over Corporations 90-91 towards forming Economic Groups by Le Hong Tinh

Revue de littérature: Ref #2

Titre vietnamien: Quan ly nha nuoc doi voi TCT 90 – 91 theo huong hình thành TDKT, Le Hong Tinh, 2010. 

English Title: State Management over Corporations 90-91 towards forming Economic Groups, Academy of Public Administration, Doctoral Thesis, MOET, Le Hong Tinh, 2010.

Scope of research: State Management of Economic Groups as per Decree Decree 90/2011/NĐ-CP (14.10.2011) aiming at restructuring of existing State-owned entepresis (or Corporations 90-91) .

Field of Research: Research is at macro level, mainly focusing on regimes, policies, mechanisms, contents of State Management over Corporations 90-95 in view of regrouping them into Economic Groups (TDKT).

Four Legal tools and selected by-laws:

• Enterprise Law (2005)
• Law 13/1999/QH10 12/06/1999 >>> On Enterprises and its by-laws:
• Decree 139/2007/ND-CP 05/09/2007 >>>Guiding the implementation of a number of articles of the Enterprise Law
• Decree 111/2007/ND-CP 26/06/2007 >>>On the organization and management of state corporations and the transformation of state corporations, independent state companies and parent companies being state companies into ones operating after the parent-subsidiary company model under the Enterprise Law
• Decision 1267/QD-TTg 25/09/2006 >>>Establishing the working team for enforcement of the Enterprise Law and the Investment Law
• Decree 101/2006/ND-CP 21/09/2006 >>>Providing for the re-registration, transformation, and registration for new investment Certificates of foreign-invested enterprises under the provisions of the Enterprise Law and the Investment Law
• Directive 09/2004/CT-BCN 31/03/2004 >>>On stepping up the reorganization and renovation of State enterprises in the spirit of the Resolutions of the 3rd plenum and 9th plenum of the Party Central Committee (the IXth Congress) and organization of implementation of the State Enterprise Law
• Directive 27/2003/CT-TTg 11/12/2003 >>>On further stepping up the implementation of the enterprise law, encouraging the development of small- and medium-sized enterprises

• Law on State Enterprises (1999)

• Law 60/2005/QH11 29/11/2005 >>> Enterprise Law and its by-laws
• Directive 12/1999/CT-TTg 10/05/1999 >>>On reviewing the implementation of the law on state enterprises
• Law 09/2003/QH11 17/06/2003 >>>On enterprise income tax
• Law 03/2003/QH11 17/06/2003 >>>Accounting Law
• Law No Number 20/04/1995 >>>On State Enterprises

• Foreign Investment Law (1987) updated 2005 / Law on Domestic Investment Promotion (1999) 
• Law 59/2005/QH11 29/11/2005 >>>Investment Law and its by-laws
• Law 3/1998/QH10 20/05/1998 >>>Amending and supplementing a number of articles of the Law On Foreign Investment in Vietnam
• Law No number 12/11/1996 >>>on Foreign Investment in Vietnam
• Law 3/1998/QH10 20/05/1998 >>>on Domestic Investment Promotion (amended)
• Law No number 10/05/1997 >>>On Enterprise Income Tax "Law On Enterprise Income Tax"

• Law on State Enterprises and its by-laws

• Decree 199/2004/ND-CP 03/12/2004 >>>Promulgating the regulation on financial management of State-owned companies and management of State capital invested in other enterprises
• Decree 101/2009/ND-CP 05/11/2009 >>>On pilot establishment, organization, operation and management of state economic groups
• Decree 111/2007/ND-CP 26/06/2007 >>>On the organization and management of state corporations and the transformation of state corporations, independent state companies and parent companies being state companies into ones operating after the parent-subsidiary company model under the Enterprise Law

Highlights of the Thesis

• Types of economic groups (classification)
• Possible model of integration (horizontal, vertical, mixed)
• Form of Ownership (ratio between State as Holding company vs. Subsidiary)

• Major State Economic Groups established

• Petro Vietnam
• Vietnam Electricity (EVN)
• Vietnam Coal and Minerals Group (Vinacomin)
• Vietnam Shipbuilding Industry Group (VinaShin)
• Financial Insurance Group (Bao Viet)
• Vietnam Post and Telecom Group (VNPT)
• Vietnam Textile and Garment Group (Vinatex)
• Vietnam Rubber Group (VRG)
• Real Estate Investment and Business Group
• Vietnam Industry and Construction Group
• Vietnam housing and Urban Development Group
• Vietnam Chemical Industry Group

• Shareholding can be:

• Holding company owns100% shares
• Holding company has over 50% shares in other small companies
• Holding company has less than 50% shares in other small companies

His conclusions and recommendations: Restructuring the State Management over the Corporations 90-91 in view of forming economic groups is a creation of Vietnam economic policy. The scientific contribution of the thesis lies on the following:

• a. Systemic presentation of State Management over the said corporations
• b. Thorough analysis and assessment of current status of these corporations.
• c. Proposal for strategy and action plan for State control on the process.

Mes notes: see Comparative table under Résultats de mes recherches.