VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
L
HO THI HAI
SUPERVISING THE USE OF STATE CAPITAL IN
ENTERPRISES UNDER THE VIETNAMESE LAW
NOWADAYS
Major: Economic Law
Major code: 9. 38. 01. 07
SUMMARY OF THE DOCTORAL DISSERTATION
IN LAW
Hanoi - 2020
The dissertation completed at Graduate Academy of Social Sciences,
Vietnam Academy of Social Sciences
Supervisors: 1. Assoc. Prof. Dr. Tran Dinh Hao
2. Dr. Ho Ngoc Hien
Reviewer 1: Prof. Dr. Nguyen Thi Mo
Reviewer 2: Assoc. Prof. Dr. Duong Duc Chinh
Reviewer 3: Dr. Dang Vu Huan
The dissertation will be defended at Graduate Academy Level Council of
dissertation assessment at Graduate Academy of Social Sciences, Vietnam
Academy of Social Sciences, 477 Nguyen Trai, Thanh Xuan, Hanoi.
Time: ………… date ………. month …… …year 2020
The dissertation may be found at:
- Vietnam National Library;
- Graduate Academy of Social Sciences Library
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INTRODUCTION
1. The necessity of the research topic
It can be said that, in the context of market economy, the State invests
capital in enterprises is an effective choice so as to overcome inherent
defects of the market economy, contributing to the orientation of economic
development, maintaining the leading role of the state economy in all
economic sectors. Along with the state’s investment in enterprises,
supervision and evaluation of the effectiveness of state capital invested in
enterprises are also very urgent. Regarding this issue, Resolution No.12-
NQ/TW of the 12th Central Committee of the Communist Party’s 5th plenary
meeting on further restructuring, renewing and raising the efficiency of
State-owned enterprises (SOEs) emphasized the need of “Improving the
efficiency and effectiveness of
management, supervision, inspection and control over the operation of
SOEs, do not waste and lose the state capital and assets”. Thus, the
supervision of the use of state capital in enterprises is a very important
activity of the state, not interfering in business activities of enterprises
while still grasping and managing its ownership rights.
On the basis of the awareness of the importance of supervising and
evaluating the use of state capital in enterprises as well as institutionalizing
the directions and policies set by the Communist Party of Vietnam,
Vietnam has constantly improved the legal system on management and
supervision of the use of state capital in enterprises. However, due to
inadequate and comprehensive awareness of the role and mechanism of
supervising state capital in enterprises, this leads to the limitations and
inadequacies of the law on supervision of the use of state capital in
enterprises in Vietnam. These limitations and inadequacies have
significantly reduced the effectiveness and efficiency of supervising the use
of state capital in enterprises. This is also one of the main reasons leading to
loses, waste, irresponsibility and corruption in the management and use of
state capital in enterprises.
From the above issues, it is necessary to examine and improve the law
on supervision of the use of state capital in enterprises so as to improve the
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effectiveness and efficiency of supervising the use of state capital. This is
also the reason that the author has conducted the research titled
“Supervising the use of state capital in enterprises under the Vietnamese
law nowadays” as her doctoral dissertation in law.
2. Research purpose and tasks
By analyzing and clarifying the theoretical issues and the reality of the
law on supervision of the use of state capital in enterprises, the dissertation
aims to propose appropriate solutions to complete the law and improving
the efficiency of enforcing law on supervision of the use of state capital in
enterprises in Vietnam today.
To fulfill the above purpose, the dissertation addresses the following
tasks: first, review literature on supervision of the use of state capital in
enterprises so as to present the issues need further examine in the
dissertation. Second, analyze and clarify theoretical issues on supervision of
the use of state capital in enterprises and the law on this issue. Third,
analyze and evaluate the reality of the existing provisions of the law and
law enforcement on supervision of the use of state capital in enterprises in
Vietnam today. Fourth, present orientation and propose solutions to
improve the law and efficiency of law enforcement on supervision of the
use of state capital in enterprises in the coming years.
3. Research subject and scope
Research subject: the dissertation seeks to examine theoretical issues on
supervisions of the use of state capital in enterprises and the reality of the
law as well as the law enforcement on this issue in Vietnam today.
Research scope:
Regarding the research limitation: in the section of the reality of the
law, the study selects enterprises that the state holds 100% of the charter
capital and enterprise that the state owns over 50% of the charter capital.
Regarding contents: The dissertation examines the law on supervision of
the use of state capital in enterprises and the law enforcement on this issue
in practice in Vietnam today.
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Spatially: The dissertation mainly examines the law on supervision of
the use of state capital in enterprises in the practical context of Vietnam
nowadays.
Regarding time: The dissertation just examines the existing provisions
of the law on supervision of the use of state capital in enterprises in
Vietnam.
4. Methodology and research methods
The dissertation bases on the methodology of dialectical and historical
materialism of Marxism-Leninism. In addition, the dissertation applies the
Party and State’s viewpoints on the leading role of the state economic
sectors including SOEs for the development of a socialist-oriented market
economy in Vietnam today. The general principles of state ownership and
theory of corporate governance are also applied to address the research
tasks.
To clarify the research issues, the dissertation uses methods of analysis
and synthesis; comparative jurisprudence; statistics, and historical method.
5. New contributions of the dissertation
First, the dissertation presents the concept of the use of state capital to
invest in enterprises, the concept of supervising the use of state capital in
enterprises; the concept of the law on supervision of the use of state capital in
enterprises. Second, the dissertation analyzes the reality of the existing
regulations of Vietnamese law, it also assesses the limitations and
inadequacies while implementing the law on supervision of the use of state
capital in enterprises. Third, the dissertation explores and proposes specific
solutions to improve the law and efficiency of enforcing the law on
supervision of the use of state capital in enterprises in Vietnam today.
6. Theoretical and practical significance of the dissertation
Theoretically: the dissertation enriches the awareness of supervising the
use of state capital in enterprises.
Practically: the dissertation is a useful reference for researching, making
policy, building and completing the law, applying the law of the state
agencies and enterprises. It is also document for teaching and training the
law on this issue in the institutions of law.
