Perfecting institutions to liberate resources for national development

The Government has just issued Resolution No. 54/NQ-CP of the Government's special meeting on law-making in June 2016.

Prime Minister Nguyen Xuan Phuc chaired a Government meeting

In this Resolution, the Government affirms its determination to take action to institutionalize the viewpoint on building a creative, active and honest Government, focusing on removing barriers and perfecting institutions to liberate resources for national development, resolutely eliminating unclear and non-transparent legal regulations, showing signs of group interests, hindering development, causing difficulties for production, business activities and people's lives; ensuring implementation by drastic actions in organizing law enforcement of the entire administrative system from central to local levels; strengthening discipline, administrative discipline and responsibility of state agencies, cadres and civil servants in serving the people and the business community.

The Government is committed to always accompanying, listening to and absorbing opinions from the business community and people to perfect institutions serving the country's socio-economic development, production and business development.

The Government assigns ministries and branches to regularly monitor, evaluate and propose amendments to unreasonable regulations on investment and business conditions in the sectors and fields assigned to them for management. The Ministry of Planning and Investment shall preside over the synthesis and reception of opinions from the people and the business community, and propose to the Government to promptly amend, supplement and abolish regulations on investment and business conditions that are not transparent or unreasonable. The Ministry of Justice shall be responsible for strictly controlling the promulgation of legal documents regulating investment and business conditions, ensuring that Circulars of ministries do not regulate investment and business conditions and administrative procedures. The Ministry of Justice and the Government Office shall strengthen the monitoring, urging and inspection of the drafting and submission of draft laws, ordinances and documents detailing the implementation of laws and ordinances; proactively coordinate with the drafting agency to propose to the Government and the Prime Minister measures to promptly handle difficulties and problems.

Enterprises have made important contributions to mobilizing social resources, promoting economic growth, ensuring social security, and increasing the province's budget revenue in recent years.

From July 1, 2016, according to the provisions of the Law on Promulgation of Legal Documents 2015, when a legal document expires, the legal document detailing the implementation of that document will also expire. Therefore, the Government requires the Ministries and agencies submitting the Law project to proactively and promptly develop and submit for timely promulgation all documents detailing the implementation of laws and ordinances, leaving no legal gaps in management and administration and in the implementation of the rights and obligations of people and businesses.

Resolutely remove barriers to business investment activities of enterprises

Regarding the Decrees detailing the implementation of Laws and Ordinances effective from July 1, 2016 and the Decrees implementing the Law on Enterprises and the Law on Investment, the Resolution clearly states:

Regarding the draft Decree on investment conditions for helmet business and the draft Decree regulating the conditions for business in training services, fostering knowledge of real estate brokerage, operating real estate trading floors, managing and operating apartment buildings and conditions for establishing real estate trading floors, the Government agreed to assign the Government Office to preside over and coordinate with the Ministry of Justice and the Ministry of Planning and Investment to work with the drafting agency to clarify issues with different opinions, the necessity of regulating conditions, clearly defining regulations and standards, not including regulations and standards in the Decree; complete the draft Decree and report to the Prime Minister.

Regarding the draft Decree regulating the conditions and procedures for establishing duty-free shops, warehouses, locations for customs procedures, gathering, inspection and supervision, the Government assigned the Ministry of Finance to preside over and coordinate with the Government Office and the Ministry of Justice to receive comments from Government members and the Vietnam Chamber of Commerce and Industry, and revise the draft Decree in the direction of reducing warehouse areas to suit reality; promptly complete the draft Decree and submit it to the Prime Minister for signing and promulgation.

Regarding the draft Decree detailing and guiding the implementation of the Law amending and supplementing a number of articles of the Law on Value Added Tax, the Law on Special Consumption Tax and the Law on Tax Administration and amending and supplementing a number of articles of tax decrees, the Government discussed and agreed with the content of the draft Decree. The Ministry of Finance was assigned to preside over and coordinate with the Government Office and the Ministry of Justice to receive comments from Government members; promptly complete the draft Decree and submit it to the Prime Minister for signing and promulgation.

Regarding the draft Decree regulating conditions for business activities in investment and business sectors subject to security and order conditions, the Government assigned the Ministry of Public Security to preside over and coordinate with the Government Office, the Ministry of Justice, and the Ministry of Finance to receive comments from Government members, review and revise the draft in the direction of specifically and clearly regulating conditions on security and order, ensuring transparency of the conditions; only regulating security and order conditions, not casino business conditions in this Decree; eliminating inappropriate regulations on the responsibilities of business establishments; supplementing regulations on the responsibilities of State agencies in the licensing process and managing the activities of business establishments in the draft Decree; urgently completing the draft Decree and submitting it to the Prime Minister for signing and promulgation.

Regarding the draft Decree regulating the conditions for conducting conformity assessment services, the Government assigned the Ministry of Science and Technology to preside over and coordinate with the Government Office and the Ministry of Justice to receive comments from Government members and revise the name of the draft decree according to the comments from Government members; not regulating the management and conditions for conformity assessment activities under the authority and responsibility of the Ministries managing the sectors and fields as prescribed in specialized laws and Appendix 4 of the 2014 Investment Law; the Ministry of Science and Technology only manages conformity assessment organizations for activities related to multi-sector synthesis; reduce the conditions on the number of experts; urgently complete the draft Decree and submit it to the Prime Minister for signing and promulgation.

Regarding the draft Decree regulating conditions for operation in the field of education and the Decree regulating conditions for operation in the field of vocational training (vocational education), the Government discussed and agreed to issue only one decree consolidating the contents of the above draft decrees. Regarding the authority to manage the field of vocational education, Deputy Prime Minister Vu Duc Dam was assigned to preside over work with relevant ministries and agencies, review scientific and practical bases, agree on appropriate solutions to report to the Government Standing Committee for consideration and decision.

Regarding the draft Decree amending and supplementing a number of articles of Decree No. 25/2011/ND-CP dated April 6, 2011 of the Government detailing and guiding the implementation of a number of articles of the Telecommunications Law, the Government assigned the Ministry of Information and Communications to revise the draft Decree in the direction of clearly regulating the conditions for granting licenses; reducing the components of the dossier, order and procedures; unifying a single focal point for receiving and handling administrative procedures; reducing the time for granting licenses to less than 15 days; urgently completing the draft Decree and submitting it to the Prime Minister for signing and promulgation.

Regarding the draft Decree detailing the conditions for granting Business Licenses for Network Information Security Products and Services, the Government assigned the Ministry of Information and Communications to preside over and coordinate with the Government Office and the Ministry of Justice to receive comments from Government members, revise the draft Decree in the direction of not stipulating additional licenses, reducing the time for granting licenses to less than 15 days; urgently complete the draft Decree, and submit it to the Prime Minister for signing and promulgation.

Determining the land price adjustment coefficient helps speed up GMPB work in localities. In the photo: The resettlement area serving the clearance of N5 and D4 roads to transport cement to Nghi Thiet is speeding up construction progress. Photo: Chau Lan.

Regarding the draft Decree amending and supplementing a number of Decrees detailing the implementation of the Land Law, the Government assigned the Ministry of Natural Resources and Environment to preside over and coordinate with the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Justice, and the Government Office to review and receive comments from Government members on regulations related to the responsibility for determining starting prices for land auctions; coordination process between natural resources, environment, and finance agencies; ensure strict management, avoid loss and waste in land management and use, and facilitate procedures for people and businesses; promptly complete the draft Decree and submit it to the Prime Minister for signing and promulgation.

Regarding the draft Decree regulating administrative sanctions for violations in construction investment activities; exploitation, processing, and trading of minerals for construction materials, production and trading of construction materials; management of technical infrastructure works; real estate business, housing development, management of house and office use, the Government discussed and basically agreed with the draft content. Assign the Ministry of Construction to preside over and coordinate with the Government Office and the Ministry of Justice to receive comments from Government members and appraisal comments from the Ministry of Justice, review and revise the draft Decree in the direction of ensuring strictness and consistency with relevant legal provisions, and in accordance with practice to handle violations of construction order regulations that ended before November 30, 2013, ensuring feasibility and in accordance with the Land Law, the Law on Handling of Administrative Violations and current legal provisions; not to interfere administratively in the content of contract transactions; Urgently complete the draft Decree and submit it to the Prime Minister for signing and promulgation.

Regarding the draft Decree of the Government regulating the security of information systems at different levels, the Government assigned the Ministry of Information and Communications to preside over and coordinate with the Government Office and the Ministry of Justice to receive comments from Government members, review and revise terminology, clarify regulations on functions and tasks of information security forces; promptly complete the draft Decree and submit it to the Prime Minister for signing and promulgation.

Regarding the draft Decree on management and use of state budget funds to ensure international treaty work and international agreement work, the Government discussed and agreed with the draft Decree. Assign the Ministry of Foreign Affairs to preside over and coordinate with the Government Office and the Ministry of Justice to receive comments from Government members; stipulate that state budget expenditure for international treaty work and international agreement work is regular expenditure; supplement expenditure content on assessing the compatibility of international treaties with domestic laws; urgently complete the draft Decree and submit it to the Prime Minister for signing and promulgation.

Regarding the draft Decree of the Government specifying the time limit, order, procedures for the enforcement of administrative judgments and handling of responsibilities for those who do not enforce judgments and decisions of the Court, the Government assigned the Ministry of Justice to preside over and coordinate with the Government Office to receive opinions from Government members, complete regulations on violations and disciplinary sanctions, and administrative sanctions for those who do not enforce judgments and decisions of the Court; promptly complete the draft Decree and submit it to the Prime Minister for signing and promulgation.

Regarding the drafts: Decree detailing and implementing the Law on Network Information Security on trading civil cryptographic products and services, export and import of civil cryptographic products; Decree regulating border posts in remote and isolated areas; Decree regulating military insignia, ranks, badges and uniforms of the Vietnam People's Army; Decree regulating technical qualifications, conditions for upgrading the ranks of defense workers; Decree detailing the order, procedures, and amount of money to be paid to ensure execution of judgments; temporary detention, refund, and payment to the state budget of paid amounts. The Government shall discuss and agree on the content of the draft decrees above. Assign the drafting agencies to preside over and coordinate with the Government Office, the Ministry of Justice, relevant ministries and agencies to receive comments from Government members, appraisal comments from the Ministry of Justice, and examination comments from the Government Office; promptly complete the draft Decrees and submit them to the Prime Minister for signing and promulgation.

Regarding the Decrees detailing the implementation of Laws and Ordinances effective from July 1, 2016 and the Decrees regulating investment and business conditions that are about to be submitted to the Prime Minister for signing and promulgation, the Government requires the Ministries and agencies in charge of drafting to closely coordinate with the Ministry of Justice and the Government Office to receive comments from Government members, revise the draft decrees, ensure quality, and avoid errors. Particularly for the draft decrees regulating investment and business conditions, it is necessary to continue to publicly update them on mass media, research and receive comments from the business community, carefully review the conditions affecting people and businesses; resolutely eliminate unreasonable investment and business conditions, and remove barriers to investment and business activities of businesses.

The Government requests the drafting agencies to urgently revise and complete the draft Decrees and submit them to the Prime Minister for signing and promulgation to take effect from July 1, 2016.

According to Chinhphu.vn