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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of April 2, 2005 No. 125

About measures for acceleration of process of restructuring of subjects of natural monopolies and especially large enterprises

(as amended of the Order of the Government of the Republic of Tajikistan of 28.12.2006 No. 590)

For the purpose of accomplishment of the Strategic plan of privatization of medium and large enterprises and restructuring of subjects of natural monopolies and especially large enterprises, remedial action in their activities and increases in production efficiency and according to article 12 of the Constitutional law of the Republic of Tajikistan "About the Government of the Republic of Tajikistan" the Government of the Republic of Tajikistan decides:

1. Form the Commission on questions of restructuring of subjects of natural monopolies and especially large enterprises on position according to appendix 1.

2. Approve Regulations on the commission on questions of restructuring of subjects of natural monopolies and especially large enterprises and the Instruction on procedure for carrying out restructuring of subjects of natural monopolies and especially large enterprises according to appendices 2 and 3.

3. To the Ministry of Energy and Industry of the Republic of Tajikistan, the Ministry of transport and communication of the Republic of Tajikistan, subjects of natural monopolies and especially large enterprises together with the State committee on investments and management of state-owned property of the Republic of Tajikistan until the end of the first half of the year 2005 to prepare individual restructuring plans of the companies and to submit for consideration to this Commission.

 

Prime Minister

Republic of Tajikistan E.Rakhmonov

Appendix 1

to the order of the Government of the Republic of Tajikistan of April 2, 2005 No. 125

Structure of the Commission on questions of restructuring of subjects of natural monopolies and especially large enterprises

The deputy prime minister of the Republic of Tajikistan is the Commission chairman;

The chairman of the State committee on investments and management of state-owned property of the Republic of Tajikistan - the vice-chairman of the commission.

Members of the commission:

Minister of Economic Development and Trade of the Republic of Tajikistan;

Minister of Finance of the Republic of Tajikistan;

Minister of Justice of the Republic of Tajikistan;

Minister of Energy and Industry of the Republic of Tajikistan;

Minister of Transport and Communications of the Republic of Tajikistan;

 

Appendix 2

to the order of the Government of the Republic of Tajikistan of April 2, 2005 No. 125

Regulations on the Commission on questions of restructuring of subjects of natural monopolies and especially large enterprises

I. General provisions

1. The commission on questions of restructuring of subjects of natural monopolies and especially large enterprises (further the Commission) is formed by the order of the Government of the Republic of Tajikistan and in the activities submits to it.

2. The decisions of the Commission made by it according to the laws of the Republic of Tajikistan, other regulatory legal acts and this Provision are obligatory for execution by all executive bodies and business entities irrespective of pattern of ownership and departmental subordination.

In case of disagreement with the decision of the Commission, contractors have the right to appeal it no later than ten-day term in the Government of the Republic of Tajikistan which conclusion according to the matter of argument is final.

II. Purposes and tasks of the Commission

3. The purposes of activities of the Commission are:

- assessment of organizational and managerial, financial and economic, production and economic condition of subjects of natural monopolies and especially large enterprises on the basis of the materials of situation analysis provided by the ministries and the companies;

- the organization of purposeful work on preparation of individual plans with possibility of restructuring (transfer to concession, to external management, reorganization) or privatizations on the individual project;

- the organization of development of restructuring programs (preparation of business plans, action plans of the re-structured companies, the description of new functions, the description of business processes, the organizations of new system of accounting, the plan of personnel, development of strategy and models;

- the organization of program implementation of restructuring (disaggregation of plans, control of terms of accomplishment, the organization of incentives for active participation in realization);

- assistance in financing of restructuring programs, including at the expense of donors (grants and technical assistance of the international financial institutions).

4. Tasks of the Commission are:

- activity of the ministries, subjects of natural monopolies and especially large enterprises on restructuring process acceleration;

- preparation of drafts of the orders of the Government of the Republic of Tajikistan on restructuring of the companies or their privatization on individual projects.

III. Organization of activities of the Commission

5. Activities of the Commission are performed in the form of regularly held meetings in process of receipt of offers on restructuring from the ministries or subjects of natural monopolies and especially large enterprises, but at least once a month. Specific terms and time of holding meetings are determined by its Chairman. Commission session is competent in the presence of at least 2/3 from total number of members of the commission.

6. The agenda of meeting affirms by a simple majority vote from number of the present members of the commission. Changes in the agenda can be made according to the proposal of members of the commission.

7. Decisions of the Commission are the protocols of commission sessions signed by the Commission chairman.

8. Expenses, the work-related Commissions, are financed by the means left at the disposal of the State committee on investments and management of state-owned property of the Republic of Tajikistan.

9. The structure of the Commission affirms the Government of the Republic of Tajikistan

 

Appendix 3

to the order of the Government of the Republic of Tajikistan of April 2, 2005 No. 125

The instruction about procedure for carrying out restructuring of subjects of natural monopolies and especially large enterprises

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