The Equitization of State-owned Enterprises in Vietnam: A Legal Analysis of Foreign Investment
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This paper provides a comprehensive legal analysis of the equitization of state-owned enterprises in Vietnam in relation with foreign investment. It explores the evolution of Vietnamese equitization policy from the early 1990s to the present, emphasizing the strategic importance of foreign investors in this process. The paper examines the Vietnamese Party-State’s perspective on equitization and how it shapes the legal framework governing foreign participation. It subsequently analyzes recent regulatory developments aimed at accelerating equitization, including changes in foreign ownership limits, information disclosure requirements, procedural improvements, and investment incentives. Despite considerable advancements in policy and legal reforms, the paper identifies persistent challenges that hinder foreign investment in the equitization process of state-owned enterprises. The Vietnamese Government has increasingly recognized the significance of augmenting foreign participation as a pivotal strategy for enhancing the performance and competitiveness of equitized enterprises. The findings of the paper thus highlight the need for Vietnam to refine its legal and regulatory frameworks to create a more transparent, stable, and attractive environment for foreign investors.
Abstract
This paper provides a comprehensive legal analysis of the equitization of state-owned enterprises in Vietnam in relation with foreign investment. It explores the evolution of Vietnamese equitization policy from the early 1990s to the present, emphasizing the strategic importance of foreign investors in this process. The paper examines the Vietnamese Party-State’s perspective on equitization and how it shapes the legal framework governing foreign participation. It subsequently analyzes recent regulatory developments aimed at accelerating equitization, including changes in foreign ownership limits, information disclosure requirements, procedural improvements, and investment incentives. Despite considerable advancements in policy and legal reforms, the paper identifies persistent challenges that hinder foreign investment in the equitization process of state-owned enterprises. The Vietnamese Government has increasingly recognized the significance of augmenting foreign participation as a pivotal strategy for enhancing the performance and competitiveness of equitized enterprises. The findings of the paper thus highlight the need for Vietnam to refine its legal and regulatory frameworks to create a more transparent, stable, and attractive environment for foreign investors.
참고문헌 (76)
- "Constitution of Vietnam 2013", ~
- "Law on Enterprises 2020", ~
- "Law on Investment 2020", ~
- "Circular of Minister of Finance guiding financial issues, sale of shares and issuance of shares in converting certain state enterprises into joint-stock companies, No. 50-TC", TCDN, 1996
- "Circular of Minister of Finance guiding the initial public offering and the transfer of state capital in the form of book building, No. 21", 2019, pp.2019, ~
- "Circular of Minister of Finance providing instructions on the initial sales of shares, management and use of proceeds from equitization involving transformation of SOEs and single-member limited liability companies with 100% of their charter capital wholly held by the SOEs into joint-stock companies, No. 32", 2021, pp.2021, ~
- "Decision of Council of Ministers on continuing pilot program of innovating the management of state enterprises, No. 143-HDBT", ~ (1990)
- "Decision of the Prime Minister on sale of shares to foreign investors, No. 145", 1999, pp.1999, ~
- "Decree of the Government on foreign investors’ purchase of share of Vietnamese credit institutions, No. 01", 2014, pp.2014, ~
- "Decision of the Prime Minister on criteria for classification of wholly state-owned enterprises, partially state-owned enterprises and list of state-owned enterprises undergoing restructuring in 2016-2020, No. 58", 2016, pp.2016, ~
- "Decision of the Prime Minister on approving program Restructuring state-owned enterprises with particular attention paid to State-owned economic groups and corporations for the 2016-2020 period, No. 707", QD-TTg, 2017
- "Decision of the Prime Minister on approving List of state-invested enterprises undergoing divestment in 2017-2020 period, No. 1232", 2017, pp.2017, ~
- "Decision of the Prime Minister on criteria for classification of state-owned enterprises and state-invested enterprises undergoing ownership conversion, restructuring and divestment in 2021-2025, No. 22", 2021, pp.2021, ~
- "Decree of the Government on conversion of enterprises with 100% state-owned capital into shareholding companies, No. 109", 2007, pp.2007, ~
- "Decree of the Government on amending several articles of Decree No. 58", 2012, 2015, pp.ND-CP[DOI]
- "Decree of the Government on the supervision of state capital investment in enterprises, financial supervision, performance assessment and disclosure of financial information of state-owned and state-invested enterprises, No. 87", 2015, pp.2015, ~
- "Decree of the Government on conversion from SOEs and single-member limited liability companies with 100% of charter capital invested by state-owned enterprises into joint-stock companies, No. 126", 2017, pp.2017, ~
- "Decree of the Government amending the Decree No. 126", 2017, 2015, pp.ND-CP on state capital investment in enterprises, and Decree No. 32, 2018[DOI]
- "Decree of the Government detailing the implementation of Law on Securities 2019, No. 155", 2020, pp.2020, ~
- "Decree of the Government on elaboration of some articles of the Law on Enterprises 2020, No. 47", 2021, pp.2021, ~
- "Decree on transformation of enterprises with 100% state capital into joint stock companies, No. 59", 2011, pp.2011, ~
- "Directive of the Prime Minister on promoting pilot equitization of state-owned enterprises and solutions to diversity ownership forms of state-owned enterprises, No. 84-TTg", ~ (1993)
- Dang Van Thanh, "Co Phan Hoa Doanh Nghiep Nha Nuoc: Mot So Giai Phap Day Nhanh Toc do", Tap Chi Nghien Cuu Lap Phap, 9 (2004)
- Hege M. Knutsen, "The Socialist Market Economy in Asia" (2020), Palgrave Macmillan
- I. J. Alexander Dyck, "Privatization and Corporate Governance: Principles, Evidence, and Future Challenges", World Bank Re. Obser, 16(1), pp.59~64 (2001)
- Jan Hagemejer, "Not All That Glitters : The Direct Effects of Privatization through Foreign Investment", Eastern Eur. Econ, 49(3), pp.89~ (2011)
- Le Hoang Cuong, "Winners and losers in Vietnam equitisation programs", Journal of Policy Modeling, 36(1), pp.172~ (2014)
- Le Hong Hanh, "Co Phan Hoa Doanh Nghiep Nha Nuoc – Nhung Van De Ly Luan va Thuc Tien" (2004), Chinh tri Quoc gia Publisher
- Le Hong Hiep, "Vietnam’s New Wave of SOE Equitization : Drivers and Implications", ISEAS Perspective, 57, pp.1~8 (2017)
- Le Hong Hiep, "Growing Fiscal Deficit Presents a Major Risk for Vietnam", ISEAS Perspective, 40 (2016)
- Maxin Boycko, "A Theory of Privatization", Econ. J, 106, pp.309~319 (1996)
- Narjess Boubakri, "The Dynamics of Foreign Direct Investment and Privatization: An Empirical Analysis", Management International, 13(2), pp.81~ (2009)
- Ngo Quang Minh, "Kinh Te Nha Nuoc va Qua Trinh Doi Moi Doanh Nghiep Nha Nuoc" (2001), Chinh tri Quoc Gia Publisher
- Nguyen Manh Hai, "Reforming State-Owned Enterprises in Vietnam: The Contrasting Cases of Vinashin and Viettel", Asian Perspective, 41(2), pp.215~ (2017)
- Nguyen Q. Trung, "The Economy and Business Environment of Vietnam", pp.45~73 (2020), Springer International Publishing
- Nguyen Thanh Long, "Co phan hoa doanh nghiep nha nuoc gan voi niem yet tren thi truong chung khoan—Ly luan va thuc tien", Tap chi Tai chinh, 9(1), pp.23~26 (2020)
- OECD, "OECD Review of the Corporate Governance of State-Owned Enterprises in Viet Nam" (2022), OECD Publishing
- "Tap chi Tai Chinh", 2020, 91~94
- "Determination of Market Economy Status" (2013)[URL]
- "Nha dau tu ngoai dung ben le co phan hoa" (2021)[URL]
- "PVOil bat ngo dung chao ban co phan cho nha dau tu chien luoc" (2018)[URL]
- "Hongkong chi dan 900 ty mua co phan VinCafe Bien Hoa" (2013)[URL]
- Thu Hut Dau Tu Chien Luoc vao Co Phan Hoa Doanh Nghiep Nha Nuoc, "Central Institute for Economic Management", ~ (2017)
- "Du thao De an khuyen khich khu vuc dau tu nuoc ngoai mua phan von tai cac doanh nghiep do Uy ban Quan ly von Nha nuoc tai Doanh nghiep la dai dien chu so huu de gop han co cau lai doanh nghiep nha nuoc" (2021)[URL]
- Communist Party of Vietnam, "Resolution of the 12th National Party Congress", ~ (2016)
- Communist Party of Vietnam, "Resolution of the 13th National Party Congress", ~ (2021)
- "Co Phan Hoa Doanh nghiep Nha Nuoc: Thang Tram va Dot Pha" (2011)[URL]
- "Legal Risks Scare Investors from Privatization of State-owned firm" (2023)[URL]
- Privatizing Public Enterprises and Foreign Investment in Developing Countries, 1988-93, "Frank Sader", The World Bank, ~ (1995)
- "Tai co cau VinaCafe hau nhu khong co ket qua" (2018)[URL]
- "Vietnam PM Says Need for Speed in Sluggish Privatization Driv" (2015)[URL]
- "De xuat chuyen khai niem co phan hoa sang tu nhan hoa" (2019)[URL]
- "Co vuong mac nhan thuc hay khong ma co phan hoa khong tien trien gi?" (2023)[URL]
- State-Owned Enterprise Reform in Viet Nam: Progress and Challenges, "Le Ngoc Dang", Asian Development Bank Institute, ~ (2020)
- "Lum xum o Hang phim truyen Viet Nam van chua cham dut" (2024)[URL]
- "Chuyen Doi Doanh Nghiep Nha Nuoc – Nhan Thuc va Thuc Tien" (2006)[URL]
- "Co phan hoa doanh nghiep nha nuoc: Giam chan tai cho vi nha dau tu so rui ro" (2023)[URL]
- "Hang loat ong lon nhung chua chiu len san" (2019)[URL]
- "Thuc trang co phan hoa doanh nghiep nha nuoc nhin tu cong tac thanh tra" (2022)[URL]
- "De xuat bao ve nha dau tu mua von co phan hoa" (2023)[URL]
- Effects of Privatization and Ownership in Transition Economies, "Saul Estrin", The World Bank, ~ (2009)
- "Co phan hoa doanh nghiep nha nuoc: Nha dau tu ngoai khong man ma" (2017)[URL]
- "Chua co phan hoa VNPT de thuc hien su mang phat trien ha tang so quoc gia" (2022)[URL]
- "PVOil Meets Concerns as an Equitized Enterprise" (2019)[URL]
- "Tu nhan hoa va nhung noi so" (2015)[URL]
- "Doanh nghiep thoi ky hau thoai von nha nuoc: Nghien cuu tinh huong tai Sabeco va Vinamilk" (2020)[URL]
- "Department of State: 2014 Investment Climate Statement" (2014)[URL]
- The State as Investor: Equitisation, Privatisation and the Transformation of SOEs in Viet Nam, "UNDP Viet Nam", UNDP Viet Nam, ~, pp.Policy Dialogue Paper 2006 (2006), 3
- "Viet Nam Wants Foreign Investors for SOE equitization: PM" (2017)[URL]
- "Lac quan ve co phan hoa doanh nghiep nha nuoc trong nam toi" (2017)[URL]
- "Little State Capital Sold in SOE Equitization" (2019)[URL]
- "Equitization of EVNGENCO3: Attractive to Strategic Investors" (2018)[URL]
- "Lo hang tram ti, ong lon ca phe muon giai the 6 cong ty con" (2018)[URL]
- "Vietnam Looks to Attract Foreign Investment in Equitization of SOEs" (2020)[URL]
- "Three PetroVietnam Subsidiary IPOs in 3 Months" (2017)[URL]
- "Co Phan Hoa o Viet Nam – Khuc Dao Dau Cua Cuoc Truong Chinh" (2005)[URL]
