Simplify procedures for registering individual businesses

On May 28, the National Assembly discussed the draft Law on Enterprises (amended), the Law on Management and Use of State Capital in Production and Business, and the draft Law on Notarization (amended).

Simplify business establishment, but tighten "post-inspection"

On the morning of May 28, the National Assembly discussed in groups the draft Law on Enterprises (amended). According to the Ministry of Planning and Investment (the drafting agency), one of the important changes in the draft Law on Enterprises (amended) is to innovate the method of State management of enterprises on the principle that enterprises have the right to proactively conduct business in all sectors and professions that are not prohibited or restricted by law.

Minister of Health Nguyen Thi Kim Tien said that the current Enterprise Law provides flexible regulations during establishment.

To implement this principle, it is required that the list of prohibited business lines, conditional business lines and corresponding business conditions must be clearly defined, updated and publicly announced so that all enterprises can easily recognize and implement them.

Therefore, the Law on Enterprises (amended) has supplemented Clause 4, Article 7 to clearly define the responsibilities of relevant ministries and branches in collecting, publishing and updating the list of prohibited business lines, conditional business lines and corresponding business conditions prescribed by laws, ordinances or decrees in areas under the State management authority.

Regarding the procedures for establishing and starting a business, the drafting agency's explanation acknowledges that in reality, the reforms simplifying the procedures for establishing a business under the Enterprise Law 1999 and 2005 have created a breakthrough in improving the business environment, mobilizing capital, developing the economy, creating jobs and increasing contributions to the budget. However, according to international standards and practices, the level of convenience in establishing a business and starting a business is still lower than the international average standard.

Therefore, the Ministry of Planning and Investment believes that it is necessary to amend the Law in the direction of continuing to simplify administrative procedures, reduce documents, reduce procedures, reduce time for business registration and business start-up; simultaneously combine business registration procedures with tax procedures, labor registration and social insurance.

However, discussing this issue this morning, Minister of Health Nguyen Thi Kim Tien said that the current Enterprise Law provides for openness when establishing enterprises, but due to poor "post-inspection" it leads to commercial fraud, failure to fulfill commitments, especially conditional businesses polluting the environment, causing waste, affecting people's lives.

Agreeing with the above viewpoint, delegate Truong Trong Nghia (HCMC) suggested that there should be strict sanctions against enterprises that cause consequences for the social community.

Standing member of the Law Committee Do Van Duong said that the regulations on establishing enterprises are too open, especially in the commercial business sector. Among them, many enterprises are established to make profits such as printing invoices, refunding value added tax, doing business opportunistically, harming legitimate enterprises.

On that basis, delegate Duong proposed strict regulations from the "pre-inspection" and "post-inspection" stages to find and handle "ghost" enterprises in order to promote the development of legitimate businesses.

In addition, delegate Duong also recommended that state-owned enterprises should only focus on areas that the private sector cannot do, instead of leaving public services to state-owned companies, leading to monopoly, irresponsibility, and inefficiency. Therefore, it is necessary to socialize areas that the private sector can do.

Delegate Le Trong Sang (HCMC) pointed out the phenomenon of many social enterprises taking advantage of the State's preferential policies to establish social or public service enterprises to profit from incentives, investment policies, loans, etc. These are issues that this revised bill must anticipate to regulate more strictly.

However, according to a preliminary survey by the Ministry of Planning and Investment, recently in our country, the number of social enterprises has been increasing and operating in many fields and sectors of the economy. These are enterprises whose profits are mainly used for reinvestment to solve social or environmental problems.

Currently in Hanoi, Ho Chi Minh City and Da Nang, there are several hundred social enterprises operating mainly in the fields of healthcare, vocational training, care for vulnerable groups, solving environmental problems, protecting the environment and eliminating hunger and reducing poverty...

Further promote the socialization of notary services

In the afternoon, the National Assembly discussed and gave opinions on the Draft Law on Notarization (amended) before finalizing it for official approval in this session.

Of the 21 opinions expressed, the majority of delegates supported the amendment of the law in the direction of promoting the socialization of notary activities. The mixed public-private nature of the current activities is expected to change in the coming time, so the principle of “not for profit” stipulated in the bill did not receive the approval of many delegates.

“Currently, notary services are fiercely competitive. Offices are all invested and promote professional responsibility to customers. Non-profit is only suitable for notary offices established by the State to ensure the provision of notary services to people in difficult areas,” said delegate Ho Thi Thuy (Vinh Phuc).

The scope of notarization is proposed to be further expanded compared to the Draft Law and based on these opinions, the drafting agency will absorb and adjust in the direction of regulating that notaries are allowed to notarize translations of documents from foreign languages ​​into Vietnamese and vice versa.

At the same time, it is allowed to certify copies from originals and certify signatures on documents and papers, but only limited to documents and papers related to contracts and transactions that it has notarized or is notarizing.

Along with creating more "open" authority for notary activities, the National Assembly also focused on giving opinions on further tightening the principles of practicing this rather "sensitive" profession.

Accordingly, the Law must have regulations in the direction that notary organizations must be subject to certain control and restrictions from State agencies, such as limits on operating areas, forms of organization and activities, and can only collect fees according to State regulations.

Regarding notary standards, many opinions support the new regulation that in addition to the requirements on professional qualifications, notaries also need to have practical experience working in the legal field and stipulate that the time of legal work is a mandatory standard for notaries in order to further improve the quality of notaries because when reaching a certain age, having enough experience and practical experience, notaries will have better ability in practicing notary.

Similarly, there should be additional regulations to extend the training period for notaries as in the Draft Law to overcome shortcomings in training in the past, further improve the quality of notary activities and be consistent with the training period for other judicial positions such as judges, prosecutors, and lawyers as prescribed by current laws.

Delegates also focused on discussing and proposing clearer regulations on the compulsory purchase of liability insurance for notaries, in order to ensure the rights of those requesting notarization, and reduce the pressure of responsibility for notary organizations and notaries during the practice.

At the same time, more clearly stipulate, even create a separate provision, the compensation liability of the notary practice organization and the compensation liability of the notary in case the notary of the notary practice organization causes damage to the person requesting notarization during the practice.

According to chinhphu.vn