On the afternoon of June 6th, the National Assembly’s Standing Committee discussed and provided opinions on the revision, explanation, and editing of the draft Law on State Capital Management and Investment in Enterprises.

**Enhancing Enterprise Autonomy and Accountability:** Mr. Phan Van Mai, Chairman of the Committee for Economy and Finance, reported on the draft Law’s revisions, emphasizing the provisions that reflect enhanced enterprise autonomy and accountability, alongside appropriate state management as the owner of such enterprises.

Mr. Phan Van Mai, Chairman of the Committee for Economy and Finance. Source: QH

**Expanding the Scope:** Some suggestions were made to include businesses with capital investments from political organizations, the Fatherland Front, and socio-political organizations within the Law’s scope. However, the Standing Committee argued that these enterprises utilize mixed capital sources, and their inclusion could hinder uniformity. Instead, Article 56 of the draft Law already enables these organizations to apply the Law for investment and capital management, with the Government providing detailed guidance.

**Financial Supervision:** To ensure tight financial supervision of state-owned enterprises, the draft Law stipulates that enterprises can only autonomously decide to lend capital to their subsidiaries within the scope of their contributed capital. Any exceedance requires approval from the state owner’s representative, with the Government regulating conditions, guarantees, and interest rates to control risks and prevent abuse.

**Enterprise Investments:** Opinions differed on whether to prohibit all state-owned enterprises from investing in real estate or to permit large state-owned enterprises to do so. The Standing Committee argued that prohibiting all state-owned enterprises from investing in real estate would restrict their business autonomy. Mr. Mai asserted that enterprises with state capital are allowed to conduct business activities in compliance with legal regulations and the state owner’s directives.

Mr. Tran Thanh Man, Chairman of the National Assembly, speaking at the meeting. Source: QH

**Incorporating Resolutions 57, 68, and 198:** Mr. Tran Thanh Man, Chairman of the National Assembly, requested a meticulous review to avoid overlapping and ambiguous provisions. Regarding the state capital management and investment information system (Article 8), he suggested that the draft Law should either provide specific content and components for information extraction or leave detailed regulations to governmental decrees and ministerial circulars.

Mr. Man also emphasized the need to clarify concepts in the implementing legal documents, such as investments in high-tech enterprises, large-scale investments to boost the development of other sectors and the economy, and enterprises in key and essential fields. He noted that these concepts have broad scopes and require precise definitions for effective implementation.

On capital preservation and development (Article 26), the National Assembly Chairman suggested stricter and more accurate regulations. He proposed that the draft Law should evaluate capital preservation and development based on the overall efficiency of enterprises, excluding the impacts of new technology trials and business models. He referenced current regulations, such as Resolution 57, which exempts responsibility only in cases of economic losses due to objective causes related to new technology and business model trials, and Resolution 68, which emphasizes controlled trials.

Mr. Man recommended incorporating the latest developments from Resolutions 57 and 68 of the Politburo and Resolution 198 of the National Assembly, which concretizes Resolution 68. He believes this would facilitate the practical implementation of the Law on State Capital Management and Investment in Enterprises.

Nguyen Thao

– 17:51 06/06/2025

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