On the afternoon of November 29, at the National Assembly House, continuing the 8th Session Program, under the chairmanship of National Assembly Chairman Tran Thanh Man, the National Assembly discussed in the hall the draft Law on Management and Investment of State Capital in Enterprises.
National Assembly Delegate Vo Manh Son (Thanh Hoa Province National Assembly Delegation), Provincial Party Committee member, Chairman of the Provincial Labor Federation, contributed comments on the draft Law related to the management of enterprises by Trade Union organizations, namely:
The formation of assets and capital at the enterprises of the Trade Union originates initially from the trade union's financial resources. As an organization representing, protecting and caring for the legitimate and legal rights and interests of workers, the Trade Union needs to be guaranteed autonomy in its operations as well as in managing and investing capital in enterprises under its management, in accordance with international practices; avoiding the view that the Government interferes in the activities of trade unions, including the activities of enterprises under the trade union organization.
Decree 97/2024/ND-CP dated July 25, 2024 amending and supplementing a number of articles of Decree 10/2019/ND-CP of the Government amended and supplemented Clause 1, Article 17: "Political organizations and socio-political organizations shall apply the provisions of this Decree to organize the implementation of the rights and responsibilities of the owner's representative for enterprises owned by political organizations and socio-political organizations". On that basis, in order to overcome the above limitations and shortcomings, National Assembly Deputy Vo Manh Son has the following opinions: Regarding the tasks, powers and responsibilities of ministries, ministerial-level agencies and provincial People's Committees (Article 10). Propose to amend the name of the Article and add 1 clause (clause 6) clearly defining the tasks, powers and responsibilities of the Vietnam General Confederation of Labor in managing and investing capital in enterprises with trade union capital investment, in the direction: “Article 10. Tasks, powers and responsibilities of the Ministry, the Vietnam General Confederation of Labor, ministerial-level agencies and provincial People's Committees: 6. The Vietnam General Confederation of Labor performs the functions and related contents in managing and investing capital in enterprises with capital invested by its organization.”
Reason: To specify the responsibilities and powers of capital owners, promote decentralization and delegation of authority in participating in State management and performing the task of representing capital owners at enterprises, in accordance with the characteristics of Trade Union organizations; affirm the role of the Vietnam General Confederation of Labor (the central agency of the Vietnam Trade Union) in coordinating the activities of enterprises under its management.
Regarding the distribution of after-tax profits and the use of the Fund (Article 15). Accordingly, to comply with the Law on Trade Unions, it is proposed that the drafting agency study and add a new clause (clause 3) in Article 15 of the Draft Law as follows: “3. The Vietnam General Confederation of Labor applies the provisions in Clauses 1 and 2 of this Article to regulate the distribution of profits and the use of the Fund at enterprises of Trade Union organizations.
Regarding state investment capital (Article 17). Accordingly, in order to clearly stipulate in Clause 1, Article 17 on other sources in the State investment capital in enterprises under the management of trade union organizations, in accordance with the Trade Union Law (2012), it is proposed that the drafting agency study and add 1 new point (point d) in Clause 1, Article 17 of the Draft Law as follows:
“Article 17. State investment capital sources: 1. Sources from the state budget according to the provisions of the law on the state budget and other sources including: d) Capital sources of the Vietnam General Confederation of Labor invested in enterprises of the Trade Union organization.”
Regarding the scope of capital investment (Article 18). Accordingly, to be consistent with the invested capital and the operational characteristics of the Trade Union organization, it is recommended that the drafting agency consider and amend Clause 3, Article 18 of the draft Law in the direction: “3. The Government agrees with the Vietnam General Confederation of Labor to regulate capital investment and capital supplementation at enterprises of Trade Union organizations to perform the task of representing capital owners in accordance with the provisions of law.”
Regarding capital investment, capital contribution, share purchase, and purchase of capital shares (Article 24). Accordingly, to be consistent with other capital sources in Clause 1, Article 17 on state capital investment for enterprises of trade union organizations, it is recommended that the drafting agency study and supplement the content of "finance of trade union organizations" in Clause 3, Article 24 of the Draft Law, in the direction: "3. Based on the policy decision approved by the competent authority in the investment project of capital contribution, share purchase, and purchase of capital shares, the agency representing the owner shall invest capital in the enterprise in accordance with the provisions of the law on state budget and finance of trade union organizations, and carry out procedures for transferring ownership of assets (if any)."
Regarding the transfer of state capital in enterprises (Article 35), it is recommended that the drafting agency study and amend Clause 5, Article 35 as follows: “5. The proceeds after deducting expenses during the conversion and transfer of state capital in enterprises shall be paid to the state budget for state-owned enterprises and paid to the finances of the Trade Union organization for enterprises under its management.”
Reason: In reality, many state-owned enterprises, when equitized, sell shares to grassroots trade unions. Grassroots trade unions at equitized enterprises are allowed to use the trade union fund at the equitized enterprise to buy shares, but not more than 3% of the charter capital. Therefore, it is recommended that the drafting agency study and supplement the provisions on proceeds from capital transfer at enterprises by trade unions to be consistent with current legal practices and the Trade Union Law.
Quoc Huong
Source: https://baothanhhoa.vn/dbqh-vo-manh-son-doan-dbqh-tinh-thanh-hoa-tham-gia-gop-y-du-thao-luat-co-lien-quan-den-viec-quan-ly-doanh-nghiep-cua-to-chuc-cong-doan-nbsp-231883.htm
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