The delegation of National Assembly representatives from Nghe An province held group discussions.
On the morning of November 23, the National Assembly held group discussions on the Draft Law on State Capital Management and Investment in Enterprises and the Draft Law on Digital Technology Industry after hearing presentations and verification reports.
Separating the functions of state management from corporate governance.
The draft Law on Management and Investment of State Capital in Enterprises regulates the management and investment of state capital in enterprises; the arrangement and restructuring of state capital invested in enterprises; and the inspection, examination, and supervision of the management and investment of capital, and the arrangement and restructuring of state capital invested in enterprises.
Speaking in the discussion, Ms. Nguyen Van Chi, Vice Chairwoman of the National Assembly's Finance and Budget Committee and a representative from Nghe An province, assessed that this is a very important law but difficult to draft because there are many issues that require finding reasonable solutions to both promote and ensure strict regulations for state-owned enterprises.
One of the major issues identified by the delegate from Nghe An province is that the law must clearly separate the functions of state management and the functions of representing the state's ownership of capital from the management activities of enterprises.
This means that businesses must still be given a certain amount of space to be proactive and make their own decisions regarding their management activities, like other types of businesses; but on the other hand, it is necessary to ensure the role and function of managing and representing the State's equity.
"These are very difficult issues, and the Law must address them," said Representative Nguyen Van Chi, adding that the draft Law has not yet resolved these issues and therefore needs further thorough discussion to be perfected.
The viewpoint is that while increased decentralization and delegation of power must be accompanied by enhanced accountability; however, according to the delegates, the draft Law still provides general provisions regarding the tasks, powers, and responsibilities of enterprises; it does not clearly specify who performs these tasks and powers, leading to difficulties in assessing accountability.
Furthermore, the draft law only stipulates the rights and obligations of the representative of the capital owner in enterprises with state investment of over 50% but under 100% of the charter capital; it does not yet have regulations for enterprises with 100% state capital or for enterprises with state capital of 50% or less.
Furthermore, Representative Nguyen Van Chi also noted that the connection between this Law, as drafted, and other specialized laws such as the Investment Law and the Construction Law is still unclear.
Implement attractive policies to promote the digital technology industry.
During the discussion on the draft Law on Digital Technology Industry, which regulates the activities of the digital technology industry; the development of the digital technology industry; and the rights and responsibilities of organizations and individuals participating in or related to the digital technology industry, Major General Tran Duc Thuan - Standing Member of the National Assembly's National Defense and Security Committee, and a representative from Nghe An province - agreed with the promulgation; however, he suggested that related regulations on digital data need to be reviewed to avoid duplication with the content of the upcoming Data Law.
In particular, emphasizing that data is now considered a resource and asset, thus relating to the rights of organizations and individuals, he suggested that the Law should more clearly define the ownership and management rights of the digital technology industry and digital data; while also ensuring property rights.
In addition, the delegate from Nghe An province proposed developing regulations on support policies such as preferential loans and tax reductions to develop digital technology businesses, especially startups; and establishing innovation and digital transformation centers in the provinces.
At the same time, it is necessary to build mechanisms to protect the intellectual property rights of technology companies; policies on human resource training; and incorporate content on digital technology into the general education curriculum.
Major General Tran Duc Thuan also suggested the need for regulations on the management mechanism of national technology infrastructure to avoid monopolies; connecting the National Data Center with digital infrastructure; ensuring cybersecurity, etc.