DECISION

AMENDING SOME ARTICLES OF DECISION No. 26/2021/QD-TTG DATED AUGUST 12, 2021 OF THE GOVERNMENT ON LIST OF SECTORS AND FIELDS SUBJECT TO TRANSFORMATION OF PUBLIC SERVICE PROVIDER INTO JOINT-STOCK COMPANIES

Pursuant to Law on Governmental Organization dated June 19, 2015; Law on amendments to Law on Government Organization and Law on Local Governmental Organization dated November 22, 2019;

Pursuant to Law on promulgation of legislative documents dated June 22, 2015; Law on amendments to Law on promulgation of legislative documents dated June 18, 2020;

Pursuant to Decree No. 150/2020/ND-CP dated December 25, 2020 of the Government, on the transformation of public service providers into joint-stock companies;

At the request of the Minister of Planning and Investment;

The Prime Minister issues a Decision amending some articles of Decision No. 26/2021/QD-TTG dated August 12, 2021 of the Government on list of sectors and fields subject to transformation of public service provider into joint-stock companies.

Article 1. Amendments to some articles of Decision No. 26/2021/QD-TTG dated August 12, 2021 of the Government on list of sectors and fields subject to transformation of public service provider into joint-stock companies

1. Amendment to clause 1 of Article 2 of Decision No. 26/2021/QD-TTg:

“1. List of sectors and fields subject to transformation of public service provider into joint-stock companies of which the state holds over 50% of charter capital:

a) Potable water abstraction, production and supply; urban and rural drainage;

b) Occupational safety inspection;

c) Construction testing;

d) Technical inspection of road motor vehicles and inland watercraft (except for the field of registration of sea-going ships and marine works).”

2. Amendment to point a of clause 1 of Article 3 of Decision No. 26/2021/QD-TTg:

a) Review public service providers under their management (including those approved in the List of public service providers that are transformed into joint-stock companies before 2021, but have not yet obtained decisions and announcement of their value) that satisfy the requirements specified in clause 1 of Article 4 of Decree No. 150/2020/ND-CP and fall into sectors and fields specified in Article 2 of this Decision, and seek the Prime Minister’s approval of List of public service providers that are transformed into joint-stock companies for 2021 – 2025 period in the fourth quarter of 2024.”

3. Amendment to point c of clause 1 of Article 3 of Decision No. 26/2021/QD-TTg:

c) Report to the Prime Minister for review and decision on cases of failure to comply with Article 2 of this Decision (also report to the Ministry of Planning and Investment).”

4. Amendment to clause 2 of Article 3 of Decision No. 26/2021/QD-TTg:

"2. District-level People's Committees; Boards of Directors or Presidents of wholly state-owned enterprises; affiliated public service providers of units affiliated to Ministries, Ministerial agencies, Government bodies; affiliated public service providers of specialized agencies and other administrative organizations of the provincial People's Committees; public service providers superior to public service providers, shall scrutinize their affiliated public service providers that satisfy the conditions specified in Clause 1 of Article 4 of the Decree No. 150/2020/ND-CP and fall into the sectors and fields specified in Article 2 of this Decision, and reporting them to Ministries, Ministerial-level agencies, Government bodies, provincial People's Committees, Vietnam National University in Hanoi and Vietnam National University in Ho Chi Minh city to prepare a general report for submission to the Prime Minister for approval of the List of public service providers transformed into joint stock companies during the 2021-2025 period according to the provisions of Point a of Clause 1 of Article 3 in this Decision.”

5. Addition of clause 1a to Article 4 of Decision No. 26/2021/QD-TTg:

“1a) Review and provide feedback on cases reported by Ministries and agencies as prescribed in Point c of Clause 1 of Article 3 of this Decision before submitting to the Prime Minister for decision.”

6. Addition of clause 1a to Article 5 of Decision No. 26/2021/QD-TTg:

“1a) For public service providers that have officially transformed into joint stock companies (granted a certificate of business registration to operate as a joint stock company for the first time) before the effective date of Decision No. 26/2021/QD-TTg with state capital ratio in the enterprise lower than the ratio prescribed in Article 2 of this Decision, the current state capital ratio shall remain unchanged, except in cases where the Prime Minister approves adjustments to comply with the provisions of Article 2 of this Decision.”

Article 2. Effect

This Decision comes into force from December 10, 2024./.