The draft Law on Management and Investment of State Capital in Enterprises amends the regulations on the mechanism for paying salaries and bonuses to employees in accordance with the spirit of the Central Resolution on salary reform.
On the morning of November 23, authorized by the Prime Minister, Deputy Prime Minister Le Thanh Long submitted to the National Assembly the draft revised Law on Management and Investment of State Capital in Enterprises.
Regarding the management of State capital invested in enterprises, the draft law specifically stipulates the tasks and powers of the Government, ministries, branches, and provincial People's Committees in the direction that the Government unifies capital management through the agency representing the capital owner and the agency representing the capital owner in management.
Deputy Prime Minister Le Thanh Long.
In addition, the bill specifically stipulates the authority over human resources, business strategy, annual business plans and profit distribution according to the authority of capital investors in enterprises.
In principle, the order of distribution of after-tax profits, the Government proposes to allocate no more than 50% to the Development Investment Fund for enterprises. The management and use of this Development Investment Fund shall be implemented according to Government regulations.
The remaining amount after use and fund allocation according to regulations, the enterprise shall pay to the State budget.
According to the Deputy Prime Minister, with the above plan, the estimated amount paid to the State budget from profits and dividends will decrease by about VND 19,847 billion/year. Enterprises are allowed to use these profits according to Government regulations.
The mechanism for paying salaries and bonuses to employees in enterprises, and those appointed, introduced, or directly hired by the capital owner's representative agency, when proposing to develop a law, is determined and supplemented in accordance with the spirit of Resolution No. 27-NQ/TW on salary reform.
However, accepting comments, the Government proposed not to stipulate the contents on salary payment mechanism in the draft law.
In addition, the bill stipulates that "enterprises are allowed to pay salaries, wages, and remuneration to employees based on the efficiency and results of the enterprise's production and business."
Chairman of the National Assembly's Finance and Budget Committee Le Quang Manh.
Examining the draft law on profit distribution and fund use, Chairman of the National Assembly's Finance and Budget Committee Le Quang Manh stated that allocating a maximum of 50% of after-tax profits to the Development Investment Fund for enterprises with 100% state capital investment is appropriate.
According to Mr. Manh, the draft law has revised the regulations on the purpose of using the Development Investment Fund for enterprises in the direction that it will be implemented according to Government regulations.
The Finance and Budget Committee agrees with the proposed viewpoint but proposes to add to the legal dossier a draft decree guiding the implementation of this content to ensure compliance with the provisions of the Law on Promulgation of Legal Documents.
At the same time, the Head of the appraisal agency noted that the draft decree needs to specifically stipulate the authority, decision, scope, and content of the use of the Fund, ensuring the principle that State capital after being invested in an enterprise is identified as the asset and capital of the enterprise.
Source: https://www.baogiaothong.vn/luong-trong-doanh-nghiep-co-von-nha-nuoc-thay-doi-theo-cai-cach-tien-luong-19224112309425202.htm
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