GOVERNMENT

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No. 35-NQ-CP

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom – Happiness

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Ha Noi, 16 May 2016

 

 

RESOLUTION ON

SUPPORT AND DEVELOPMENT OF ENTERPRISES TO YEAR 2020

THE GOVERNMENT

 

Pursuant to the Law on Organization of the Government dated 25 December 2001;

Pursuant   to   Resolution 142-2016-QH13  of   the   National   Assembly  dated   12 April   2016   on   the socio-economic developmental plan for the 5 year period 2016-2020;

On the basis of discussions and voting by Government members and the conclusion of the Prime Minister at the Government monthly meeting for April 2016,

RESOLVES:

In implementation of the Resolution of the 12th Party Congress and in order to complete the targets and criteria for socio-economic development for the five (5) year period 2016-2020 as passed by the National Assembly, Vietnam must strengthen the restructuring of its economy, raise the quality of growth and development to ensure it is in-depth and based on a perception of renovation, innovation, science and high-tech in which enterprises and particularly private enterprises are the driving force behind greater competitiveness and an autonomous economy.

The  Government requires ministries, ministerial equivalent and  Government agencies, and  provincial people's committees to instruct and effectively organize implementation of the following targets, principles, tasks and solutions:

I.        TARGETS AND PRINCIPLES

1.       Targets:

By year 2020, Vietnam's enterprises should be competitive and be developing sustainably, with the country having at least one million operational enterprises including large scale and powerful enterprises. Vietnam's private sector should contribute approximately 48-49% GDP and approximately 49% total investment capital from the entire society. Total factor productivity (TFP) should contribute approximately 30%-35% GDP. Social labour output should be increased by approximately 5% per year. Annually, there should be approximately 30-35% of Vietnamese enterprises conducting innovative activities.

2.       Principles:

The following principles must be ensured in order to establish and perfect the economic system, creating a business investment environment favourable to the development of enterprises and which enables them to become the creative force of the economy:

(a)     The State protects lawful ownership of assets and the right to business autonomy of the citizens and enterprises in accordance with law. Enterprises have the right to business autonomy in industries and trades which are not prohibited by law.

(b)     The State implements a policy of [encouraging] establishment of enterprises and then taking them as the subjects to be served and facilitated in conduct of business, investment and development in order [for the State] to  formulate, issue and arrange implementation of  provisions of  law relevant to enterprises.

(c)     The State ensures the stability and uniformity of its policies which should be easily predictable; it ensures the stability of the macro-economy and improvement of the business environment in the direction of favourability, safety and friendliness.

(d)     The State assures equality for all enterprises irrespective of their type and economic sector, with equal opportunity to access resources such as capital, natural resources, land and so forth and business investment.

(dd)   The State has a special policy to support small and medium-sized enterprises [SME], enterprises which are starting up a business, and innovative enterprises with the potential for high growth and development.

(e)     State administrative agencies which issue and enforce policies must ensure that they clearly specify all  the  duties  of  one  focal  or  co-ordinating  unit  and  of  the  people  [public  servant  positions] responsible [for promulgating and enforcing such policies].

(g)     Regulations on business conditions must be clear, transparent and easily understood, and there must be  an  appropriate schedule [for  implementing them] so  that  unsuitable sub-licences and surcharges can be repealed. The effectiveness of State administration must be upgraded by simplifying the inspection stages, by increasing "post-audit" [post-customs clearance inspections], with specific provisions and conditions which regulate inspection and supervision.

(h)     The work of conducting checks and inspections and supervisory work must ensure the prevention of breaches of law and the discovery of and dealing with breaches, at the same time supporting and guiding enterprises to comply with provisions of law.

 

(i)       Economic and civil relations must not be criminalized, but all breaches of law must be strictly dealt with.

(k)     Enterprises must display ethnic pride, a spirit of compliance with law and incorruptibility during the conduct of business by building a business culture and by business people complying with ethics and having social responsibility, a spirit of fair competition, a spirit of co-ordination with other business entities, creativity and high competiveness.

II.       TASKS AND SOLUTIONS

1.       Administrative reform and creating favourable conditions for enterprises:

(a)     All ministries, ministerial equivalent and Government agencies, and provincial people's committees and other related agencies must:

-           Strictly implement Resolution 19-2016-NQ-CP of the Government dated 28 April 2016 on main tasks and solutions for improving the business environment and national competitiveness in the 2 years

2016-2017 with orientation to year 2020, and the instructions of the Prime Minister in Notification 66- TB-VPCP dated 27 April 2016 on the current status of implementation of the Law on Enterprises and the Law on Investment.

-           Strictly   implement   Resolution 36a-NQ-CP   of   the   Government   dated   14 October   2015   on e-Government so that publicity and transparency will be increased, enabling enterprises to monitor activities of State agencies via the internet, and commencing a program on support and development of enterprises via [the Government's] website. They must publicize the sequence, procedures and conditions for business (where conditions apply) and the results of resolving recommendations and complaints from enterprises by establishing a site for same on the agency's own website.

-           Strictly implement Decision 225-QD-TTg of the Prime Minister dated 4 February 2016 approving the plan on State administrative reform for the period 2016-2020.

-           Conduct training to upgrade the skills and ethical standards of public servants [State employees] to ensure that their tasks are carried out correctly in the spirit of supporting enterprises.

(b)     Chairmen of provincial people's committees must:

-           Organize dialogues [public discussions] with the business community and the press at least twice per year, in order to promptly understand and resolve difficulties for enterprises within the locality of the province or city.

-           Establish and publicize a hotline and/or provide online responses via the local portal to feedback from enterprises and also provide online guidance to enterprises.

-           Direct and accept responsibility for promoting the effective implementation of Decision 09-2015-QD- TTg of the Prime Minister dated 23 May 2015 issuing the one-stop and one-stop interconnected regimes of local State administrative authorities. Review and ensure there is the one uniform focal entity for receiving and processing application files. Guide and resolve administrative procedures for enterprises on the principle that if there is a request [by a State agency] to amend or supplement an application file then it should be made in writing, on one occasion only, to the enterprise or investor concerned, and deal with all the items which need to be amended or supplemented in any one file; and such notification must specify in detail the items required to be amended or supplemented and the reasons for the request.

-           Ensure public servants thoroughly understand the ethics appropriate for public service work, that they  understand  the  details  of  administrative  reform,  that  they  must  avoid  bureaucracy  and corruption, and that they thoroughly understand that the spirit of local authority must be to serve and support enterprises. Publicize the procedures for dealing with application files and specify which public servant positions are responsible for same, and increase checks of public servants' work; and recommend disciplining of public servants who breach the regulations on processing application files or who cause difficulties for enterprises. The head of an agency or unit must be liable for breaches committed by public servants under such head's managerial authority.

(c)     The  Ministry  of  Justice  shall  collate  the  current  status  of  the  work  undertaken  by  ministries, ministerial equivalent and  Government agencies  and  provincial people's  committees in  issuing administrative procedures and in implementing same; and shall propose solutions for administrative reform and report same to the Government on a quarterly basis.

(d)     The Ministry of Home Affairs shall preside over co-ordination with other relevant ministries and agencies to undertake the following tasks:

-           Review the functions and tasks of all ministries, ministerial equivalent and Government agencies and provincial people's committees in order to report to the Government proposed amendments which will clearly specify State administrative functions, ensuring that there are no omissions or overlapping of functions and tasks. Submit to the Government a plan on establishment of a full-time agency to act as  owner's  representative  in  State  owned  enterprises.  Complete  the  organizational  structure,

functions and duties of a State administrative agency for economic co-operation under the Ministry of Planning and Investment [MPI].

-           Continue to activate and guide all ministries, ministerial equivalent and Government agencies and provincial people's committees to implement the program on overall State administrative reform for the period 2011-2020 and the plan on administrative reform for the period 2016-2020; and formulate a regime for assessing the work of public servants who directly resolve administrative procedures (including a regime for dealing with breaches by them) in all State administrative agencies from the ward and commune levels right up to the higher levels.

(dd)   The Government Office shall preside over co-ordination with other relevant ministries and agencies to formulate the program "Strong renovation of the work of directing administrative reform, ensuring close connection between administrative reform and formulation of the Government website and control of administrative procedures under the direct leadership of the Prime Minister" to be formulated in the form of a Decree to replace Decree 74-2012-ND-CP of the Government dated

29 September 2012 stipulating the functions, duties, powers and organizational structure of the

Government Office.

2.         Creation of an environment favourable to and supportive of enterprises starting up a business and innovative enterprises:

(a)     MPI shall preside over co-ordination with relevant ministries and agencies to undertake the following tasks:

-           Review and assess the current status and effectiveness of implementation of policies supporting enterprises, in particular enterprises starting up a business and innovative enterprises; and suggest measures for strengthening or supplementing the functions and duties of the Fund for Development of SMEs, the National IT Innovation Fund and private sector funds aimed at increasing capital sources for enterprises starting up a business and in particular for innovative enterprises with high growth potential.

-           Research the establishment, organization and operation of the model of incubation enterprises, of Enterprise Support Centres and of programs accelerating innovation and business start-up in the form of private sector participation together with the participation of enterprise associations and of both domestic and foreign organizations and individuals.

-           Formulate a regime creating conditions, support and encouragement for family business households to convert to registration for operation under the Law on Enterprises.

(b)     The Ministry of Science and Technology should commence as soon as possible implementation of the  plan  on  support  for  an  ecosystem  for  enterprises starting up  business  and  for  innovative enterprises, after the Prime Minister approves [such plan].

(c)     The Ministry of Education and Training shall preside over co-ordination with the Ministry of Labour and with Ho Chi Minh Communist Youth Union to formulate a plan on supporting student business start-ups for submission to the Prime Minister in the first quarter of year 2017; and to direct university level educational establishments to place this plan in their training programs.

(d)     The Ministry of Agriculture and Rural Development shall preside over co-ordination with the relevant ministries and agencies to undertake the following tasks:

-           Review and assess implementation of policies applicable to enterprises investing in the agricultural and rural sectors, and propose amendments to same.

-         Propose a regime and policy facilitating enterprises to access and effectively use agricultural land.

3.         Ensuring the  right to  conduct business and the right of  enterprises to  equal access to resources and business opportunities:

(a)     MPI shall preside over co-ordination with relevant ministries and agencies to undertake the following tasks:

-         Submit to the Government an opinion on a draft Law on Support for Small and Medium-sized Enterprises [SMEs], in July 2016.

-           Complete the regulations on enterprise bankruptcy procedures in order to facilitate the conduct of bankruptcy procedures.

-           Finalize  a  Council  for  Encouragement and  Development of  SMEs  with  the  Prime  Minister  as chairman and with membership from ministries and branches, and representatives of the business community and of organizations and individuals concerned, in order to take on the role of supervising the policies and programs supporting SMEs on a nationwide basis, for report to the Prime Minister in this year 2016.

(b)     The Ministry of Finance shall preside over co-ordination with relevant ministries and agencies to undertake the following tasks:

-           Draft a report for submission to the Government to in turn submit to the National Assembly to issue a resolution reducing tax difficulties for enterprises in this year 2016; dealing with overdue debts of enterprises with objective difficulties; proposing a reduction of the corporate income tax rate for SMEs; proposing a set-off of income from transfers of real estate against other business income (two way set-off), and proposing a 50% personal income tax reduction for employees in a number of sectors such as high-tech IT and IT application in the sectors of agriculture, processing of rural produce and so forth.

-           Review and propose amendments to the regulations on various types of taxes, on tax management and customs by inter-ministerial connection in order to reduce procedures, time taken and fees for conducting the procedures; and research and formulate a schedule to repeal the form of tax paid on a fixed level of turnover in favour of corporate income tax [payable by enterprises] or personal income tax when enterprises pay income to their employees and applicable to large household businesses in accordance with the Law on Tax Management; and at the same time to correctly implement  the  provisions  of  the  Law  on  Enterprises  applicable  to  large  business  households satisfying the conditions to  become enterprises, which are required to  declare and pay tax  in accordance with law.

-           Review and propose amendments to the regulations on credit guarantees for SMEs via Vietnam Development Bank and credit guarantee funds for SMEs in localities, for submission to the Government in the third quarter of year 2016.

-           Implement effectively and synchronously the solutions for restructuring the securities market and for raising quality and diversifying securities products; research amendments to the regime for attracting indirect foreign investment and for attracting investors in the form of investment funds, retirement funds and so forth, and develop the derivative securities market as from year 2017; consolidate the current two Stock Exchanges; develop the enterprise bonds market, expand the Government bonds market, promote equitization associated with listing and trading on the securities market, and develop the model of mutual funds, and submit same to the Government in the third quarter of year 2016.

-           Co-ordinate  with  industries  and  all  levels  in  strictly  implementing  Resolution 41-NQ-CP  of  the Government dated 9 June 2015 on promoting the work of fighting smuggling, commercial fraud and counterfeit goods, in order to ensure that there is a fair production and business environment; and provide overall reports on a quarterly basis to the National Committee for Anti-Smuggling and Anti-Commercial Fraud and to the Government.

(c)     The Ministry of Industry and Trade shall preside over co-ordination with other relevant ministries and agencies to undertake the following tasks:

-           Research amendment and/or repeal of current regulations on the policy of issuing import/export permits, on  market management, on  competition and  on  supporting industries, by  making the regulations more favourable and by reducing fees incurred by enterprises correctly in accordance with international undertakings; formulate a Plan on re-organizing the domestic market and the cross-border trading market, and promote the program "Vietnamese to prioritize use of Vietnamese goods" and submit same to the Government in the third quarter of year 2016.

-           Formulate an overall strategy on the development of the domestic market to year 2025 with the outlook to year 2035, prioritizing development of the retail system and promoting production of and encouraging consumption of Vietnamese goods, for submission to the Government in the first quarter of year 2017.

-           Increase provision and dissemination of information and guidance on fulfilling undertakings pursuant to international trade co-operation framework agreements such as Asean, WTO, APEC, ASEM and so forth and other commercial treaties especially new generation free trade treaties, in order to increase the ability of enterprises to integrate and access investment and export markets, especially AEC, TPP, RCEP and so forth.

-           Research and propose appropriate regimes and policies to attract investment for the development of industrial groups and to create a level playing field for SMEs and other enterprises in rural areas; and continue to promote activities which stimulate industry.

(d)     The Ministry of Natural Resources and Environment shall preside over co-ordination with other relevant ministries and agencies to undertake the following tasks:

-           Research and propose amendments to the current regulations on land by permitting industrial zone infrastructure enterprises and secondary enterprises to mortgage their land use rights to take out bank loans and to raise long-term capital, for submission to the Government in the third quarter of year 2016.

-           Research and propose a regime and policy supporting enterprises to access land for production in industrial zones and industrial group areas, permitting application of a flexible time-limit for payment of land rent appropriate for the use requirements of SMEs.

-           Amend the provisions on land auctions for uniformity with the provisions on selection of investor in the Law on Tendering, and amend the procedures for approving environmental impact assessment reports for consistency with the Law on Investment, for submission to the Government in the third quarter of year 2016.

-           Check and amend regulations aimed at simplification of and reduction of land procedures, for report to the Prime Minister within this year 2016.

(dd)   The  Ministry  of  Science  and  Technology  shall  preside  over  co-ordination  with  other  relevant ministries and agencies to undertake the following tasks:

-           Review and amend national technical specifications and the procedures for assessing conformity, thereby facilitating the commercialization of products of enterprises. Review and simplify the sequence and procedures for establishing intellectual property rights; raise the effectiveness of, and promote creation, exploitation and use of intellectual property assets of enterprises; and create

favourable conditions for enterprises to access and use effectively important national laboratories. Strengthen protection of intellectual property rights, and continue to deal strictly with breaches.

 

-           Propose specific measures which will support enterprises to access and effectively use capital sources from the National Technology Innovation Fund and other State support programs in order to renovate their technology and raise their competitiveness.

(e)     The Ministry of  Construction shall preside over co-ordination with other relevant ministries and agencies to undertake the following tasks:

-           Amend the provisions on issuing construction licences in order to reduce the time taken to obtain such licences in accordance with the spirit of Resolution 19 referred to above.

-           Continue delegation of authority for evaluation of design and estimated budgets, and amend the system of standards and technical regulations on capital construction, construction norms and unit prices for conformity with the market.

-           Research and amend the policies encouraging and assisting development of social housing and public service housing in industrial zones.

(g)     The Ministry of Justice shall preside over co-ordination with other relevant ministries and agencies to undertake the following tasks:

-           Review and amend the regulations on security transactions, facilitating enterprises to mortgage their assets as the basis for accessing capital sources.

-           Review and propose amendments to law for compliance with the relevant free trade agreements and international treaties, and make appropriate use of flexible provisions in international undertakings in order to maximise protection of the national interest and the interests of enterprises.

-           Increase the quality of the work of contributing opinions on, evaluating and checking, and processing legal instruments in order to ensure that issuance of provisions on business investment conditions and on administrative procedures is conducted correctly in terms of authority, and that the provisions are really necessary, and are reasonable, transparent and flexible.

(h)     The Ministry of Education and Training shall review and propose amendments to the investment procedures regulated in Decree 73-2012-ND-CP of the Government dated 26 September 2012 on foreign investment and co-operation in the educational sector, to ensure compliance with the Law on Investment, for submission to the Government in the fourth quarter of this year 2016.

(i)       The Ministry of Labour shall preside over co-ordination with other relevant ministries and agencies to undertake the following tasks:

 

-           Review and propose amendments to the investment procedures stipulated in Decree 48-2015-ND- CP of the Government dated 15 May 2015 implementing the Law on Vocational Education, to ensure compliance with provisions of the Law on Investment, for submission to the Government in the fourth quarter of this year 2016.

-           Review and amend provisions on foreign workers for compliance with the market and with the rights of enterprises, and in order to simplify the relevant procedures.

-           Promote training and fostering of manpower resources aimed at quality, professional expertise and high technical ability.

(k)     The Ministry of Culture, Sport and Tourism shall research and formulate provisions strengthening the capacity and operations of organizations protecting rights of authors and related rights in order to create an environment of fair competition by enterprises, heightened business ethics and protection of the legitimate rights of authors and other owners in conformity with international practice, to be reported to the Government in the fourth quarter of this year 2016.

(l)       The State Bank of Vietnam shall preside over co-ordination with relevant ministries and agencies to undertake the following tasks:

-           Operate a  flexible but  strict monetary policy which maintains a  market floor interest rate  at  a reasonable level, at the same time as ensuring the target of controlling inflation, stabilizing the macro-economy and contributing to the creation of a business environment which is favourable to enterprises.

-         Research and formulate a regime and policy assisting the development of the model of micro-finance [institutions], for submission to the Government in the third quarter of this year 2016.

-           Continue  to  direct  credit  institutions  to  implement a  number  of  solutions  aimed  at  supporting enterprises, in particular SMEs, to access credit capital as follows:

+          Check and renovate the lending procedures by simplifying same and reducing difficulties for clients, ensuring the safety of loan capital and compliance with law; increase the capability of assessing loan applications in order to reduce the time taken to approve loans, thereby facilitating enterprises to access credit capital.

+          Research and formulate loan programs at reasonable interest rates, and encourage diversification of banking products and services in order to increase the ability of enterprises to access capital.

 

-           Instruct  provincial  State  Bank  branches  to  continue  to  effectively  implement  the  program  on interconnection  between  enterprises  and  banks  and  the  program  on  price  stabilization  within localities, aimed at promptly reducing difficulties for enterprises.

-           Continue to integrate a schedule for restricting foreign currency credit [but] in partnership with development of  the  market  for  the  purchase  and  sale  of  foreign  currency which  satisfies  the requirements of  the  citizens  and  enterprises  to  make  payments  in  foreign  currency.  Consider complying with the need for foreign currency credit of a number of goods lines and sectors but without increasing enterprise costs.

(m)    Provincial people's committees should activate their subsidiary agencies to strictly implement the provisions on land, construction, environment, registration of business and investment, and other related administrative procedures in order to create favourable conditions for enterprises.

(n)     All ministries, ministerial equivalent and Government agencies, and provincial people's committees shall:

-           Review  the  planning  on  development  of  industries,  sectors  and  products  in  order  to  amend, supplement or repeal provisions so as to ensure that planning complies with the market and with the right of enterprises to conduct business.

-           Formulate and implement activities supporting interconnection by enterprises in the form of linking industry clusters to value chains; and linking to large enterprises and foreign invested enterprises with the eventual aim of linking to international markets.1

-           Continue to implement Decree 118-2014-ND-CP of the Government dated 17 December 2014 on restructuring, renovation, development and improvement of effective operation of agricultural and

-           Promote the restructuring and equitization of State enterprises; and sell State capital in enterprises in which the State no longer needs to hold capital, including enterprises currently conducting business efficiently in accordance with the market regime, thereby creating opportunities for private sector enterprises to develop.

-         Support and facilitate the development of social enterprises.

-           Promote supporting activities for SMEs via provision of business development services such as training, consultancy, information, market services and so forth.

4.       Reduction of business expenses for enterprises:

(a)     The Ministry of Finance shall preside over co-ordination with relevant ministries and agencies to undertake the following tasks:

-           Review the provisions of  the law on land by reducing land rent and by reducing the costs of converting land use purpose and other enterprise expenses.

-           Review and amend [by reducing] road fees [tolls] and BOT fees; assess and propose appropriate amendments to  such fees [tolls] in  order to  assist enterprises, especially enterprises providing transportation services, to reduce their costs and expenses.

-           In the last quarter of this year 2016, submit to the Government for consideration amendments to Decree 218-2013-ND-CP dated 26 December 2013 implementing the Law on Corporate Income Tax by expanding [the scope of] deductible expenses for enterprises which incur costs by increasing their capacity or which incur costs for consultancy on support procedures for enterprises, and also [by expanding the scope of deductible expenses for] advertising costs, marketing costs and so forth.

(b)     The Ministry of Transport shall preside over co-ordination with the Ministry of Finance to consider amendment of relevant legal instruments in order to ensure publicity and transparency of prices and surcharges additional to service fees for sea transportation. It shall also implement solutions for the reasonable control, in compliance with international practice, of charges collected by shipping firms.

(c)     The Ministry of Labour shall preside over co-ordination with other relevant ministries and agencies to undertake the following tasks:

-           Review and amend minimum area wage rates for compliance with labour productivity, economic growth, the competitiveness of enterprises and the minimum living requirements of workers.

-           Check and propose an appropriate social insurance regime, harmonizing the interests of workers and enterprises on the one hand and the interests of society on the other hand, in order that enterprises employ labour in an appropriate and reasonable manner.

(d)     The Ministry of Public Security shall co-ordinate with relevant ministries and agencies to review and propose amending the provisions on the sequence, procedures and conditions for providing business services of firefighting and prevention by simplifying same, ensuring transparency, and satisfying specialized requirements; and proposing repeal of provisions and conditions which restrict competition, thereby facilitating all enterprises to provide services in this sector.

(dd)   Vietnam Chamber of Commerce and Industry [VCCI] shall investigate, provide statistics on and collate official charges and non-official charges applicable to enterprises, and compare them with other enterprises in the Asian area and internationally in order to propose a reduction of enterprise charges.

5.       Protection of the lawful rights of enterprises:

(a)     The Government Inspectorate shall preside over co-ordination with the State Auditor and other relevant ministries and branches to review, amend, issue or propose the authorized authority to issue a legal instrument on inspections, and in particular branch inspections, so that checks and audits are conducted by mainstreaming [one integrated or co-ordinated inspection] and by inheriting operational results posted by other agencies. There must be advance publicity of an inspection or audit plan of an enterprise in order to avoid overlapping; and there must be no inspections without a legal basis for same, particularly in the tax management sector.

(b)     The Ministry of Public Security shall review and amend the provisions on social security and safety, to facilitate enterprises to operate in accordance with the business rights which the law has granted them; it shall strictly deal with enterprises which breach the law by smuggling, evading tax, trading prohibited or counterfeit goods, which conduct acts of commercial fraud or which breach the law on the environment and so forth, in order to ensure equality and interests of genuine enterprises; and they must not criminalize economic and civil relations. The Ministry shall create a healthy and safe environment for enterprises to conduct business correctly in accordance with law.

(c)     The  Ministry of  Information and  Communications shall preside over  co-ordination with  relevant ministries and agencies to undertake the following tasks:

-           Review and guide press and other information agencies to operate correctly in accordance with law and to report the actual situation; and to develop the role of assisting enterprises to access information, to formulate advertisements of their commercial trademarks, and to respect enterprises operating correctly in accordance with law and contributing to socio-economic development of the country.

-           Provide statistics on and collate information and press articles which constitute negative behaviour or which impede enterprise operations, and forward same to the relevant authority for resolution and for publication on the Ministry's website.

(d)     Provincial people's committees shall:

-           Undertake inspections and examinations correctly in accordance with law but not more than once each  year  [for  each  enterprise]; mainstream inter-branch inspections so  that  the  inspection or examination is only conducted on the one occasion, except for a one-off inspection or examination as a result of clear signs of a breach of law.

-           Instruct provincial level agencies and district level people's committees not to criminalize economic and civil relations.

III.      ORGANIZATION OF IMPLEMENTATION

1.         The Deputy Prime Minister [concurrently acting as] Head of the Steering Committee for Renovation and Development of Enterprises shall provide general directions [on implementation]; and Deputy Prime Ministers delegated with authority for any particular branch and sector shall provide directions to  the  relevant  [branch  or  sector]  ministry,  ministerial  equivalent  or  Government  agency  and provincial people's committees to undertake implementation of this Resolution.

The  Steering  Committee  for  Renovation  and  Development  of  Enterprises  shall  hold  quarterly briefings on the status of implementation of this Resolution; and in co-ordination with MPI shall report annually the preliminary results of assessment of implementation including proposals for amending and supplementing (if necessary) this Resolution.

2.         Ministers, heads of ministerial equivalent and Government agencies and chairmen of provincial people's committees are assigned to carry out the following, depending on their functions and duties:

(a)     Formulate an action program for implementing this Resolution for report to the Prime Minister prior to 1 July 2016.

(b)     Direct and periodically inspect and supervise, ensuring implementation on schedule of the targets, tasks, solutions and reporting regime prescribed in this Resolution.

(c)     Promptly collate recommendations and any complaints about difficulties from enterprises within the scope of their managerial authority of industries, sectors and geographical areas, in order to deal with same or transfer them to the competent authority to resolve.

(d)     Strictly deal with any public servants causing difficulties for or harassing enterprises.

3.         In  the  third  quarter  of  year 2016,  chairmen  of  provincial  people's  committees  must  sign  an undertaking with VCCI, to be witnessed by the Steering Committee for Renovation and Development of Enterprises, that they will create a favourable business environment for enterprises.

4.       Enterprises shall:

(a)     Exercise the rights and discharge the obligations of enterprises correctly in accordance with law; take the initiative in exchanging information with and providing feedback to State administrative authorities in  order  to  promptly  remove  difficulties;  and  promote  restructuring,  interconnection,  business co-operation, application of progressive science and technology, raising the standard of corporate governance, and increasing quality and competitiveness.

(b)     Display a spirit of ethnic pride, business ethics, respect for law, formulation of a business culture and a  spirit  of  incorruptibility during  the  conduct  of  business,  ensuring  proper  discharge  of  social responsibilities, participation in programs to reduce poverty, protection of  the environment, and contribution to ensuring political security and social order and safety.

(c)     Strengthen solutions for building an harmonious labour relationship resulting in stability and progress within the enterprise.

5.       VCCI and other enterprise and professional associations shall:

(a)     Formulate specific and feasible programs and measures for continuing to raise their operational quality and to properly carry out their role as a social and professional organization on behalf of the business community, businessmen and employers in Vietnam.

(b)     Co-ordinate with MPI and other relevant ministries, branches, localities and agencies in formulating and implementing programs and projects to support increased competiveness of enterprises and increased capacity of enterprise associations.

(c)     VCCI shall:

-           Collate feedback and recommendations from enterprises regarding their difficulties and send same to the State administrative authorities for resolution;

-           Provide monthly reports to the Prime Minister and quarterly reports to the Government on the status and results of implementation, and publicise same on the VCCI's website;

-           Collate the status of fulfilment of undertakings signed by provincial people's committees with VCCI, provide monthly reports thereon to the Prime Minister, and publicise the results on VCCI's website.

6.         The National Assembly and people's councils are respectfully requested to supervise activities of law agencies aimed at avoiding any criminalization of civil and economic relations.

7.         Vietnam  Fatherland Front  is  respectfully requested  to  motivate,  guide  and  respect  enterprises operating correctly in accordance with law and contributing to the development of the country; and to

participate  in  supervision,  assessment  and  proposals  regarding  solutions  for  the  support  and development of Vietnamese enterprises.

8.         Vietnam General Confederation of Labour is respectfully requested to formulate teams of workers with high standards and a high sense of responsibility and co-operation to assist enterprise development; to propose solutions for protecting the legitimate rights and interests of workers, and to participate in supervision, assessment and proposals regarding solutions for the support and development of Vietnamese enterprises.

9.         The Ministry of Information and Communications shall disseminate information about this Resolution and about the policies for development of enterprises.

 

10.     MPI shall:

-           Co-ordinate with VCCI to formulate and publicise criteria for assessing the level of development of enterprises by ministries, ministerial equivalent and Government agencies, and provincial people's committees; and to annually survey, assess and rank results and announce them on the ministry's website.

-           Co-ordinate with the Steering Committee for Renovation and Development of Enterprises and other relevant ministries and agencies to activate, inspect and supervise implementation of this Resolution, and to collate quarterly reports on implementation status thereon and send them to the Government.

On behalf of the Government Prime Minister

NGUYEN XUAN PHUC

THEGIOILUAT.VN
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HL: 16/05/2016

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Resolution 35/NQ-CP On Support And Development Of Enterprises To Year 2020

Số hiệu 35/NQ-CP Ngày ban hành 16/05/2016
Ngày có hiệu lực 16/05/2016 Ngày hết hiệu lực
Nơi ban hành Chính phủ Tình trạng Đang có hiệu lực

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Resolution 35/NQ-CP On Support And Development Of Enterprises To Year 2020
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