Enterprises Manegment Department

Thursday, 10/24/2013 13:19
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Position, function: The Enterprises Manegment Department is an agency belong the Ministry of Construction, performing the function to advise and assist the Minister in performing several of rights, responsibilities and obligations of all state-owned state enterprises and state capital investments in enterprises under its management in accordance with the law and perform management functions for state enterprises, cooperatives in all sectors economic activity in areas under its state management as assigned, authorized by the Minister.

Duties, powers:

1. Develop strategies, plans, development plans, plans for restructuring enterprises under the scope of management of Ministry for the Ministry submit to the Prime Minister approval; to arrange for implemented after approval;

2. Develop for Ministry of Construction submit to the Prime Minister approving the project, the overall plan of arrangement, innovation and development of state-owned enterprises under its management, organization development, guidance, monitoring and supervise the implementation after the approval of the Prime Minister;

3. Develop the program, a detailed plan for the implementation of tasks rearrangement, innovation and development of state-owned enterprises under the jurisdiction of the Ministry to submit to Minister for approval; guidelines, monitor and control the implementation after approval;

4. Chair to researching organizational models and management of construction enterprises; preliminary reviewing, evaluating the effectiveness of each type of business organization models of the construction enterprises; proposals, dissemination, replication of business models and effective operation of innovative solutions to improve business efficiency and competitiveness of construction enterprises;

5. Chair, coordinate with the relevant departments for Ministry to submit to the authority approval or Ministry approval : equitization plan, converting state-owned enterprises, state-owned enterprise departments, units under the Ministry to the sharing company, limited company one member or two members, the company parent - subsidiary; established schemes, split, merge, convert owners, dissolution or bankruptcy of state-owned enterprises as prescribed by law;

6. Chair to evaluation for the Ministry to submit for the Government approval or the Ministry approval competent charter, to mend charter of state-owned enterprises under the Ministry; additional lines of business for the state-owned enterprises as prescribed by law;

7. Appraisal, to report to Ministry for comments on the increase - reduction of capital, shareholding rate and capital investment capital out of enterprises of the ministry shares enterprises;

8. To monitor and supervise the implementation of the reorganization and innovation, development of Ministry enterprises; conduct preliminary review, evaluate and report the results to the competent authority as prescribed;

9. Research and propose mechanisms and policies related to the reorganization and innovation, developing state-owned enterprises operating in the field of management of Ministry; consulted about plans for reorganization, innovation and development of state-owned enterprises of other ministries, the regional activities in the field of management of the ministry, to comment on the draft legal documents text related to the reorganization and innovation, developing state-owned enterprises;

10. Monitor, review and report to the Minister on the operation of state-owned enterprises under the Ministry after equitization as prescribed by law.

11 . Chair and coordinate with the relevant departments :

11.1. Evaluation for submiting to Minister approved the Regulation on the operation of the Comptroller in limited one member company of the State holds 100 % of the charter capital;

11.2. Monitoring, evaluating the implementation of the tasks of the Comptroller in accordance with regulations of the Comptroller of limited one member company State holds 100 % of the charter capital in accordance with the law;

11.3. Synthesis report periodically or unscheduled at the request of leadersthe on activities of Comptroller in a limited one member company State holds 100 % of the charter capital.

12. Develop for the Ministry submit to the Government promulgated under the authority or the Ministry promulgated the mechanisms and policies to encourage, support, business development oriented enterprises, cooperative and other community, private economy forms of the economic sectors of the Ministry management; to tracking, synthesis, evaluation and reporting on the activities of businesses of enterprises, cooperatives and other community, private economy forms of the economic sectors of the Ministry management.

13. Coordinate with relevant departments of the Ministry :

13.1. Evaluating the Minister for approval or assigned representative owners decide regarding content :

a) Strategy, business planning, 5-year investment and development, the investment policy and portfolio investment groups A , B each year of the business;

b) Contribution policy, hold, increase or decrease of the corporate capital 100 % state capital invested in other enterprises; advocated borrowing, lending, buying and selling assets with a value equal to or greater than 50 % of charter capital or a smaller percentage specified in the charter business, foreign borrowing policy of the enterprise.

13.2. Appraisal, submit to the Minister for decision on the right or for Ministry to submit to authorities level for decision : capital and adjusted capital levels; announced the actual value of the enterprises to equitization; announced price of actual value at the time of the state capital now officially transformed into joint-stock companies to hand over state-owned enterprises into joint stock companies; transfer 100 % state-owned enterprises into joint stock companies;

13.3. Implementation of the monitoring and supervision of business, review the implementation of the strategy, business planning and development investment, financial condition, assets, liabilities, conservation and development development of the state capital of the enterprise;

13.4. Perform financial oversight and evaluation of production and business efficiency for enterprises is the parent company, limited one independent member company of the management of Ministry in accordance with the law;

13.5. Verification of the annual financial statements, profit distribution, and remit the use of corporate funds, the Minister approved or assigned representatives owner to Council members for approval or Chairman of the Corporation for approval;

13.6. Guide the construction business, promulgating the Regulation on financial management of the unit, control and supervision of the implementation;

13.7. Along with businesses and relevant agencies to consider and solve problems in finance, property, capital of the state enterprise under the Ministry of the rearrangement, equitization;

13.8. Research, proposed mechanisms, policies and consulted for the drafting of legal documents related to financial management, asset and capital of state enterprises;

13.9. Develop: mechanisms and management policies of the state capital represented at state enterprises under its management;

13.10. Coordinate with the Organization and Personal Department to advise and assist the Minister decided to appoint authorized representatives for the State capital in State-owned enterprises under the Ministry when converted into a joint stock company and appointed positions by the manager in a limited a member company of the State holds 100 % stake and state-owned enterprises under the Ministry;

13.11. Appraisal the establishment of foreign-invested enterprises operating consultancy and construction in Vietnam under its state management as prescribed by law;

13.12. Monitor, report on the operations, business development of the construction industry and the enterprises under management of Ministry.

14. As a clue to help Mnister held regular activities with a team of Comptroller of the state enterprises under its management.

15. Monitor and review the team management representative state capital in the state enterprises under the jurisdiction of the state.

16. Guide and support the application and transfer of science and technology, information support, marketing and promotion for businesses in the construction industry.

17. Enterprises Manegment Department has right:

17.1. Require agencies and organizations active in the field of state management of the Ministry to provide documents and data necessary for the implementation of the field work of the Department;

17.2. Ministers are authorized to sign several of documents about the field of work of the Department in accordance with the regulations of working of MOC.

18. Perform other duties, powers as assigned by the Minister.

Structure:

1. The Enterprises Manegment Department have the Head of Department, Deputy Head of Department and a number of professional staffing norms consistent with the needs, tasks of the Department in each period.

2. Head of Department and Deputy Head of Department to appointment, dismissal, demotion by Minister of Construction in accordance with the Party and the law.

3. Based on the functions, tasks, powers and organizational structure of the Enterprises Manegment Department, the Head of Department is responsible for the planning stages, identify staffing needs of the Department, build and working regulations issued by the Department; assign tasks, clearly define authority and responsibility of each individual in the the Department and report to the Minister.

4. Head of Department is responsible to the Minister and the law on the entire operation of the Department, Deputy Head of Department is responsible to the Head of Department and the law on the areas assigned.


Source: Decision 977/QD-BXD.
(This translation is for reference only)

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