RESTRUCTURING VIETNAM’S STATE – OWNED ENTERPRISE IN THE CONTEXT OF MARKET ECONOMY AND INTERNATIONAL INTEGRATION Presenter A.Prof., Dr. Tran Xuan Cau PRESENTATION CONTENTS CONTENTS 1. CURRENT OPERATION OF THE STATE OWNED ENTERPRISES (SOE) 2. EXECUTION OF SOE’ RESTRUCTURING, FOCUSING ON STATE GROUPS AND CORPORATIONS IN THE COMING TIME THE CURRENT OPERATION OF STATE OWNED ENTERPRISES 3.The limitations of the current VN SOEs 1. SOEs identification Contents 2.SOEs in the context of VN economy and world economy 3 THE CURRENT OPERATION OF STATE OWNED ENTERPRISES 1. SOEs identification According to Article 4 in the Vietnam’s Law on Enterprise in 2005: "Enterprise is an economic entity having its own name, assets, and stable transaction office; its business is registered following the legal regulations with the aim of carrying out business activities, whereas State-owned enterprises are enterprises in which the State owns over 50% of charter capital (i.e the capital which is contributed by members and shareholders in a given period of time and is recorded to the company charter) " THE CURRENT OPERATION OF STATE OWNED ENTERPRISES 1. SOEs identification Divided by size: (As Decision 90, 91 of Gov., 1994) State economic groups Independent State companies State Corporation Divided according to the level of state ownership: (According to the Project on Government Restructuring, 2012) Enterprises with 100% state capital Equitized enterprises with: - Over 75% of the state capital - 65% of the state capital - Over 50% of the state capital The SOEs which prolonge losses and haven’t no ability to fix THE CURRENT OPERATION OF STATE OWNED ENTERPRISES 1.Shaping VN SOEs State economic groups (SEG) State Corporation (SC) Decision The basis of established Decision 91 Scale capital and March 7, 1994 the minimum of the Prime number of unit members Minister Decision 90 Scale capital and March 7, 1994 the minimum of the Prime number of unit members Minister Number 11 11 SC91 80 SC90 THE CURRENT OPERATION OF STATE OWNED ENTERPRISES Bases established groups and corporation by Decision 90 and Decision 91 of the Prime Minister Article 2 of Decision 91 of the Prime Minister: “Group shall have seven members and more business and legal capital (the minimum required capital levels as prescribed by law to established enterprises) at least VND1,000 billion". Article 5 of Decision 90/TTg of the Prime Minister: “The corporation is state-owned enterprises having at least 5 units... All corporations have legal capital of over VND 500 billion, for a number of corporations in specific sectors, the legal capital may be lower but not less than VND 100 billion " THE CURRENT OPERATION OF STATE OWNED ENTERPRISES The bases newly established groups by the Government's draft Have a limited liability company or joint-stock company Have a capital of 1,000 billion VND or more and own more than 50% of capital rate of at least 5 other companies To be Prime Minister allowed The conditions listed in the draft of the Government dated November 15, 2011 on criteria for naming groups & corporations THE CURRENT OPERATION OF STATE OWNED ENTERPRISES 2. SOEs in the context of the VN economy and world economy Economic context of Vietnam The context of the world and regional economy THE CURRENT OPERATION OF STATE OWNED ENTERPRISES a. State owned enterprises in the context of the economy of Vietnam Attach to the reform process in Vietnam and international integration:Enterprises operate under the market-oriented mechanism, multi-sector economy is developed Non-state enterprises increased; FDI increased VN’ economy integrate into the world economy The economy was operating under the market mechanism, had an autonomy in doing its own production and business activities, tied to market VN’s economy was operating under the centralized mechanism. The majority was SOEs which had weak competitiveness and slow development From 1990 1986-1990 Before 1986 THE CURRENT OPERATION OF STATE OWNED ENTERPRISES Table 1: The different types of enterprises from 2001 to 2009 100 80 60 SOE NONE SOE 40 FDI 20 0 2001 2002 2003 2004 2005 2006 2007 2008 2009 Source: Statistical Yearbook of the General Department of Statistics THE CURRENT OPERATION OF STATE OWNED ENTERPRISES b. State owned enterprises in the context of the regional and world economy The late 2000 economic downturn • Takes place in many countries and regions around the world. • Many Asian countries have reduced growth, including Vietnam The financial crisis of 2007 so far • Impact on all countries at different levels • VN had capital growth rate of around 6% (in 2007 and 2008), but in 2009 only around 3% The conflict between the countries in the world and in the region • Conclusion: In the context of Vietnam and the world business activities of the enterprises in general and SOEs in particular are heavily affected THE CURRENT OPERATION OF STATE-OWNED ENTERPRISES 3. Current operation of SOEs and their limitation a. Process of changes in SOEs Trends: - Number of SOEs decreased continuously reflects the growing trend of multi component economy. - Reduction in number but high level of concentration, big business efficiency, holding the sectors key THE CURRENT OPERATION OF STATE OWNED ENTERPRISES Table 2: Change of SOEs in recent years 2005 2006 2007 2008 2009 2010 4.086 3.706 3.494 3.328 3.364 3.283 3,62 2,82 2,24 1,61 1,35 1,12 Labor (1000 persons) 2.037 1.899 1.763 1.725 1.735 1.688 Average proportion of business capital (%) 54,1 51,5 46,8 44,7 38,7 32,6 51,1 55,5 47,0 47,6 44,8 35,4 Number of SOEs Share (%) The proportion of fixed assets and long-term financial investments (%) Source: Statistical Yearbook of the General Department of Statistics 2010 and 2011 THE CURRENT OPERATION OF STATE OWNED ENTERPRISES Table 3: Number of 100% state capital SOEs (as of October 2011) SOE (100% statecapital) Divided by sector: By industry: Whole country Share (%) Security, Defense, Public utility Company of agriculture, forestry 452 249 34,5 19,0 Business enterprises 608 497 46,5 38,3 341 26,0 471 35,7 Sector and industry Industry, Construction, Transportation Agriculture, Forestry, Water Resources Trade, Services and Tourism Source: Report of the Central Steering Committee for Innovation and Enterprise Development THE CURRENT OPERATION OF STATE OWNED ENTERPRISES Table 4: Centralization level of 100% state capital SOEs compared to other types of businesses Total assets Equity 100% state capital SOEs VND 1,800 VND 700 trillion trillion Of which 11 SEGs 30% of total 51% equity assets Investment capital 70% State investment capital 50% Credit of banks 60% 40% of employees of SOEs Source: Report of the Ministry of Finance CONTRIBUTION OF STATE OWNED ENTERPRISES In 2011, 18 SEGs and SCs, especially the Vietnam Oil and Gas, the Military Telecom, and Textile and Garment Group, gained over VND 128 thousand billion profit, paid VND 200 trillion on the state buget, increase of 20% over the previous year. 19 of 21 SEGs and SCs audited are still be profitable and had a significant contribution to growth and macro-economic stability (Dao Van Dung, Director, State Audit) Not all groups, corporations have a loss and are a burden ( Chairman of Government Office Vu Duc Dam) Can not deny the role and contribution of the SEGs and SCs • A number of mechanisms and policies is lately promulgated and untimely responses to the reality and solves t CURRENT LIMITATIONS OF SOEs 6. - The implementation of the rights and obligations of the state for SOEs is still inadequate, awkward and inefficient. 5. A Number of mechanisms and policies is lately promulgated and untimely responses to the reality and solves the practical requirements 1. The SEGs, SC’s competitiveness is not high, not in line with the resources and preferential advantages 2. Investment is 2. The limitations of the SOEs widespread and inefficient. 3. Financial situation of the groups is weak, having potential risks and imbalances 4. The organizational structure of groups is cumbersome, the number of employees in the groups is high 1. The SEGs, SC’s competitiveness is not high, not in line with the resources and preferential advantages Indicators Content The figure compares GDP Contribution Nearly 40% Nearly 50% of the contribution is from exploiting national resources (oil, coal, minerals) Economic efficiency ICOR and capital turnover is low Efficiency of capital use had to use up to 2.2 VND of capital to create 1 VND of revenue Profits Increased 105% Reasons SOE enjoy many advantages but lacks In comparison with the the tight non-state and FDI control of enterprises the State; hold the industry None-state enterprises just use 1.2 VND and which is not competitive FIEs use 1.3 VND with or without The equity increased 140%, assets -125% 2. Investment is widespread and inefficient. Table 5: Investment outside of major business sector (billion VND) Year Total 2006 2007 2008 2009 2010 Total 77.200 6.114 14.441 19.840 14.991 21.814 Security market Insurance 8.294 707 1.328 1.697 986 3.576 10.234 758 2.655 3.007 1.578 2.235 Real Estate 12.305 211 1.431 2.285 2.999 5.379 Investment budget Bank business 4.236 600 1.050 1.424 694 495 42.104 3.838 7.977 11.427 8.734 10.128 Fiels Source: Ministy of Finance, 2011 Inefficient in comparision with none-SE and FIEs Table 6: Compared by performance indicators with other enterprises (%) Indicator 2000 SOE The rate of payment 6,92 of budget revenues Gross profit / 2,35 capital Dealers The rate of Profit in 3,95 Revenue None SE 2005 FIE SOE None SE 2008 FIE SOE None SE FIE 2,98 14,77 7,88 3,49 12,74 5,93 3,04 11,95 1,80 8,79 3,21 1,49 11,24 2,77 1,34 9,66 1,00 13,3 5,4 11,8 1,23 10,57 1,21 5,18 Source: General Statistics Office. Enterprise survey data, 2008 SOEs had more efficiency than none-Ses but much less than FIEs 3. Financial situation of the groups is weak, having potential risks and imbalance. Table 7: The total outstanding debt of a large group in Vietnam (as of 9/2011) Share (%) Total debt (billion VND) Compared to total Compared to total loans of 12 groups outstanding loans of SOEs Petro Vietnam 72,300 33.05 17.41 EVN 62,800 28.71 15.12 TKV 20,500 9.37 4.94 Vinashin 19,600 8.96 4.72 218,738 100.00 52.66 415,378 - 100.00 Total outstanding debt of 12 large corporations Outstanding loans to SOEs Source: Ministry of Finance 4. The organizational structure of groups is cumbersome, the number of employees in the groups is high LIMITATIONS - Cumbersome structure, many affiliates (example, EVN has 32 units, 39 subsidiaries, 14 affiliates, and three business units; PetroVietnam has 11 units, 4 corporations,19 ubsidiaries, 3 link units and 3 units of scientific research) - Concentration employees of -Such, in EVN there are near 10 thousand workers, in Vinchem - 2.7 thousand workers REASONS - Do not have to compete - State-backed - Impact of subsidy management mechanism in the past - The lack of business management renovation - The weakness of the state agencies in the management of SEGs and SCs CONSEQUENCES - Easily spiral out of control and management capacity of the SEGs and SC - Loose management, lack of unity and connection between the unit members in the economic groups and corporations WEAKNESS OF THE STATE MANAGEMENT AGENCIES FOR SOEs 1. A number of mechanisms and policies is lately promulgated and untimely responses to the reality and solves the practical requirements Investment widespread outside and loss of VINASHIN and VINLINES have appeared in the early 2000's. However, due to the stagnation of the inspection and supervision of state agencies, especially slow implementation of the state auditor, the consequence is often serious and difficult to overcome WEAKNESS OF THE GOVERNMENT BODIES IN MANAGING SOEs 2. Inadequate, awkward, inefficient implementation of the rights and obligations of state owners in SOEs Consequences SEGs, SCs are huge organizations having a wide areas of operation, and operating in multisector and are newly established in recent years The leaders of SEGs and SCs are inexperienced; and the State agencies are embarrassed in managing, administerring and handling arised problems Some SEGs and SCs do not comply with the provisions of the Government; leaders are less concerned about contributing to the State budget; activities lack transparency, especially in the financial sector CAUSES OF THE LIMITATIONS The summary of the causes Objective causes Subjective reasons • The effects of financial crisis, the global economic downturn and negative aspects of uncontrolled market mechanisms • High interest on bank loans, inflation, consumer price index, consumption stagnation of state corporations … • Increase of a firm size while the level and capacity of the management have not kept pace. • Incentives for the SEGs and SEs are too much • Supervisory capacity and mechanisms of the State management agencies for the operation of SOEs are limited • The legal documents specified activities of SOEs are inconsistent and insufficient IMPLEMENTATION OF STATE-OWNED ENTERPRISES’ RESTRUCTURING, FOCUSING ON SEGs AND SCs 1. Legal basis for implementation of the SOEs’ restructuring 2. The goal of restructuring SOEs: 3. Contents of SOEs’s restructuring 4. Roadmap of SOEs’ restructuring 5. Difficulties and challenges of the process of restructuring SOEs 6. Solutions to solve difficulties to implement SOEs’ restructuring 7. Considerations when restructuring SOEs Legal basis for implementation of the SOEs’ restructuring 1 The Closing Speech delivered by Mr. Nguyen Phu Trong, General Secretary of the Vietnam’s Communist Party, at the 3rd Central Conference, Intake XI on 10th October 2011 on the Decision to restructure the economy 2 The 5th Central Conference of the Party Central 3 Committee, intake XI on 15 June 2012 The Decree No. 101/2009 of the Government on trial establishment, organization and management of SEGs 5 4 "Restructuring SOEs, focusing on SEGS and SCs 2011-2015," of the Prime Minister on 17 July 2012 The Directive No. 03 of the Prime Minister dated on 17 January 2012, on promoting the state owned enterprises’ restructuring MAIN CONTENTS OF THE DOCUMENTS The Central Conference of the PCC Improving the management of SOEs; promoting implementation of state owner, conducting transparent auditing and financial disclosure The Decree No. 01/2009 of the Gov. Regulating operation and management SEGs and 11 major businesses of the SEGs The Project Restructuring SOEs, of the P.M Grouping of SOEs and solutions for each group, specifying content and requirements SOE restructuring 5th The goal of restructuring state-owned enterprises Strengthen the economic leading role of SOEs Improving business performance of SOEs Formed SOEs strong enough to compete in the context of international integration According to the Minister of Finance Vuong Dinh Hue ("The key measures to restructure SOEs focusing on SEgs, SCs". Posted on the portal Ministry of Finance December 17, 2011) The goal of restructuring state-owned enterprises Under the project "Restructuring of SOEs, focusing on SEGs, SCs 2011-2015" of the Prime Minister SOE has a more reasonable structure, focusing on sectors, key areas, providing products, essential public services to society and national defense and security, as the core to the implementation of the state’s economic leading role, ... Improving the competitiveness, the profit equity capital ratio of business enterprises, fulfilling production tasks, providing products, essential public services to society, national defense and security security Contents of SOEs’s restructuring 1 2 3 Review and respecify the tasks of the business and main business Develop strategy to 2015, Vision to 2020 which are in line with the strategy of the industry, market demand, the ability of capital and managerial capacity Develop plans to reorganize restructuring of membership units business, and Contents of SOEs’s restructuring 4 5 6 Develop a financial plan to implement the main assigned tasks, give up an investment outside the industry Promote the link among the member enterprises: the parent company focuses to develop a development strategy, renew the organization, management, technology and product, develop market Apply the principles of corporate governance in accordance with the international corporate governance convention; improve internal audit controls mechanism, improve the management Contents of SOEs’s restructuring By early August, 7 out of 11 SEGs submit to the government a scheme to restructure their groups. - Actual deployment of the main contents of the restructuring scheme in the economic groups and corporations: -Business management model - Finance investment - Corporate governance system - Human Resource Development During 8 recent months, 53 economic groups and state corporations have completed and submitted their scheme in which 9 were approved The limitations in the construction of the scheme of SEGs and SCs Inconsistency of basic topics related to restructuring content Serious about assessing the situation; restructuring the content is simple, asynchronous Scheme write very detailed full, the Viet Nam Oil and Gas Corporation: page 155, but the group write very short, only chemicals group summary with 31 pages Lack of detail on some of the content, such as finance, corporate governance, human resource development "If SOEs in general and SEGs in particular have not yet trully perceived about the restructuring and restructuring has not yet their demand, they still use casuistry” (Source: Mr. Vo Tri Thanh, Deputy Director of CIEM , "Restructuring SOEs: A weighty achievement and casuistry project", Vietnam Economics Times, No. 194, 14 August 2012, p.5 ) Contents of direction of the Government for SOE restructuring Develop and regularly update the criteria for the formation and operation of SEGs and SCs Complete the mechanism perform the rights and obligations of state owner Innovate implementation mechanism of state ownership for SEGs and SCs and mechanism represent owners of the State at SOEs Accelerate the SOEs’ equitization process, focusing on the SEGs and SCs towards reducing the state capital in the enterprises Examine and supervise the operation of SOEs, especially that of the SEGs and SCs in the financial sector Expand the autonomous rights and enhance self responsibility of SCs, do not give preferences to SEGs and SCs Roadmap of SOEs’ restructuring Restructur -ing of the economy Restructuring public investment Restructuring SOEs Restructuring enterprises Restructuring SEGs and SCs Bank restructuring Roadmap of SOEs’ restructuring • Evaluate their activities and formulate restructuring plans to the Government. • improve equitization plan, institutionalized management and supervision, corporate governance, conduct staff training. • by 2015, there are 44 corporations with more than 600 SOEs left, in which the State holds 100% of the capital From now to 2015 From 2016 to 2020 • To further improve the institutional restructuring, equitization of SEGs and SCs and SOEs of the ministries, branches, localities. • It is expected that in 2020, there will be 17 corporations, in which the State holds 100% of the charter capital. Roadmap of SOEs’ restructuring Prof. Douglas Coulter from Harvard University Business said that there are basically two types of restructuring Passive restructuring: is that the corporations keep waiting, when the crisis begins, the corporation will reform to survive Active restructuring: is that the companies actively cope with the challenges in the future for further development Vietnam mainly ongoing passive restructuring The difficulties and challenges facing the process of restructuring SOEs The national financial system is not strong enough to effectively support the restructuring of enterprises 2 The difficulty and instability of the world economy in recent years 1 3 Difficulties The settlemen and placement of employment and redundant labor within SOEs in the restructuring process 5 4 It is not easy to have full recognition and unified action in the political system, especially the heads of SEGs and SCs, for restructuring Group interests are interfered The national financial system is not strong enough to effectively support the restructuring According to the Minister of Finance Ministry, Mr. Vuong Dinh Hue, VND 55,000 billion to 65,000 billion (equivalent to USD 24 billion to USD 32 billion) are estimated to be needed to restructure SOE including debt restructuring, settlement of losses and redundant labor… This is a matter of concern because it will increase public debt, create a burden for the economy but according to Mr. Hue "we need to make a patient stronger prior to treat the diseases and it is the same in every country” Is it more effective or should we treat the disease before taking a supplement? Group interests are interfered “Group interest” means a group of people who have common interest affecting the agencies, who may make decisions in favor of themselves and those interests and decisions go against the interests of the collective. The groups interests cause disorder and economic losses of the country. At the conference "SOEs’ Restructuring" organized by the Academy of Finance (MOF) in November 15, 2011, many argue that "The restructuring SOEs will be extremely difficult because it touchs the benefits of powerful groups” 42www.themeg Difficulties in dealing with employment and redundant labor Organizational restructuring and staff will narrow the production and focus on major business; organizational structure more compact and human resources will reduce, so redundant capacity to work will be happen The Challenge - Policy regime for workers is inadequate - Unemployment rate is high and Unemployment is great - Life of workers is difficult For every SEGs and SCs: - Limited awareness of leaders as well as the employees on the benefits of the restructuring - Psychology afraid to change - Weak management capacity of leades, - Capital shortage. Some solutions to solve difficulties to implement SOEs’ restructuring Reduce debt, rescheduling and delay repayment for businesses in trouble Reduce public investment spending Implement Government's proposal on restructuring SOEs Reduce interest rate of banks Improve operational efficiency of banks, minimize bad debts Considerations when restructuring SOEs The Government should resolutely eliminate subsidies and incentives for SOEs The formation of SEGs should follow the principles of voluntariness, autonomy and intrinsic needs of the enterprise The strict control of the State management agencies and serious implementation for each SOE Restructuring can cause huge financial pressure The equitization can lead to a section of SOE assets is passed into the hands of private shareholders Losses and debts can be shared and validated after the restructuring process Implement a comprehensive study of the typical models of SEG in the world Develop training programs for managers of SEGs C l i c k t o e d i t c o m p a n y s l o g a n