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Equitisation enters new stage (23/10)

06/08/2010 - 214 Lượt xem

More open and fair for investors

The most notable point is a series of policy changes that will be carried out further facilitate foreign investors to buy stock in Vietnamese companies.

Those changes are suggested by the Ministry of Finance (MoF) and they are backed by related ministries, sectors and businesses in a bid to raise more foreign portfolio investment and to boost the equitisation process.

The biggest change is that from now on, foreign investors in joint ventures or wholly foreign owned companies registering to operate in Vietnam will be considered as local investors.

They will be permitted to buy stocks at almost equitised enterprises, except for those running in the 14 fields of conditioned investment applied to foreign investors in accordance with the Decree 108/2006/ND-CP guiding the implementation of the new Investment Law.

The second new point is the percentage of stocks that are auctioned publicly will be raised to 30% instead of 20% at present, of which a certain part will be sold to strategic investors.

The third point is the abolishment of price reduction policy of 20% for domestic strategic investors in order to create an equal business environment among investors.

The selling price for strategic investors is the winning price in auctions or a negotiable price, which must not be lower than the average auction price of normal investors.

According to an MoF representative, those new points will be added to a new decision to replace the Decision 36/2003/QD-TTg on capital contribution, and stock purchase by foreign investors in Vietnamese companies.

The new decision, which is being drafted, will also be updated with new content in the Enterprise Law, the Investment Law and other new legal documents, for example the re-purchase of business, considering overseas Vietnamese who still keep Vietnamese nationality as local investors, etc.

Encouraging equitisation by ending preferences

In parallel with the Decision 36, another document that directly influences the process of equitisation, Decree 187/2004/ND-CP on arranging, and renovating SOEs is also being amended. Accordingly, tariff preferences used to encourage SOEs to equitize will be no longer applied.

According to a document the MoF sent to the government, SOEs that performed equitisation in the previous period were mainly small and medium ones, which faced financial difficulties.

To encourage those enterprise to conduct equitisation, the government allowed equitised enterprises to enjoy preferences that are similar to those granted to newly established enterprises, not having to fulfill formalities on investment preference certificates. In which, the most important thing is that those enterprises are exempted from corporate income tax for two years and enjoy a 50% reduction in the two following years. In case they list their shares on the stock market, they will be given other advantages under the laws on securities and stock markets.

However, in the coming time, SOEs that must be equitised are mainly large in scale and have set their foothold very firmly in the market. If the above preference policy is still applied, it will be unfair for newly established companies and affect budget revenue.

If this policy is applied to some big firms like the Bank for Foreign Trade of Vietnam (Vietcombank), the Mekong Housing Development Bank, the Vietnam Construction Import Export Corporation (Vinaconex), the Vietnam Insurance Corporation (Bao Viet), the Saigon Beer Corporation, MobiFone and Vinaphone, the state budget will lose thousands of billions of dong.

On the other hand, the new Investment Law doesn’t mention corporate income tax preference for listed firms so the abolishment of the above preferences will surely be verified.

New subjects

Though the government is still timid in opening some fields for foreign investors, it has made many brave changes in defining the subjects for equitisation.

Pham Viet Muon, Vice Chairman of the Government Office and Vice Chairman of the Steering Board for SOE Reforms, said that the government has agreed to equitize most of the state commercial banks instead of equitising only the Vietcombank and the Mekong Housing Development Bank as in the previous plan.

Specifically, apart from the two above banks, the Industrial and Commercial Bank of Vietnam (Incombank), the Bank for Investment and Development of Vietnam (BIDV), and the Bank for Agriculture and Rural Development (Agribank) will be also equitised.

However, the equitisation itinerary for those banks will be carried out in two phases. Firstly, those banks must improve their financial capability to reach financial healthy standards up to international standards. Equitisation will come after that.

The roadmap for Incombank and BIDV is completing the improvement of their financial capability by the end of 2006 and equitising in 2007. Meanwhile, it will be improving in 2007 and equitising in 2008 for Agribank, respectively.

Besides banks, some companies operating in the fields of security and defence, which are considered ‘special subjects’ will also be equitised.

Of the 2,176 wholly State-owned enterprises, which have a total capital of VND260,000 billion, the government will keep only 554 as wholly state owned, including 26 groups and corporations and 178 companies operating in the areas of security, defence, and producing essential products and services.

 With such new changes, the Vietnamese government has proved its determination in comprehensively reforming SOEs. However, what is more important is how will those things be realized in fact. Vietnam failed to complete the SOE restructuring and renovation programme by 2005. Will the new determination will bring about a new result?

Equitisation roadmaps for some big SOEs 

- Vietnam Oil and Gas Corporation (PetroVietnam): Completing equitisation of subsidiaries that the state doesn’t need to wholly own, including: the Oil and Gas Technical Service Company, Oil and Gas Transportation Company, Northern Liquefied Gas Trading Company, Southern Liquefied Gas Trading Company, Oil and Gas Insurance Company, Oil and Gas Fertiliser and Chemical Company; Converting the Gas Product Trading and Processing Company, Lubricant Trading and Processing Company and Oil and Gas Financial Company into one-member limited responsibility companies; converting the Oil and Gas Exploration and Exploitation Company into a parent-subsidiary model; establishing the Oil and Gas Securities Trading Company and the Oil and Gas Labour Import Export Company. 

- Vietnam Coal and Mineral Group: Equitising and listing stocks of 19 subsidiaries working in the fields of mining, thermo-power production and mechanical engineering; establishing the Coal and Mineral Financial Company and other companies that will work as investors in thermo-power, bauxite mining, aluminum, iron production, etc.

- Vietnam Textile and Garment Group: Equitising 12 member companies and 12 departments of other members and equitising the parent company, the Vietnam Textile and Garment Group in 2008.

- Vietnam Insurance Corporation (Bao Viet): Completing equitisation in 2006 to operate in the model of parent-subsidiaries; Establishing the Bao Viet Bank, Bao Viet Community Health Insurance Company, Bao Viet Real Estate Company, Bao Viet Financial Leasing Company and the BaoViet International Company to invest abroad.

 

Source: TBKTSG