Nghị quyết 22/2008/NQ-CP

RESOLUTION

PROMULGATING THE GOVERNMENT'S ACTION PROGRAM FOR MATERIALIZATION OF THE Xth PARTY CENTRAL COMMITTEE'S SIXTH PLENUM'S RESOLUTION ON FURTHER IMPROVEMENT OF SOCIALIST-ORIENTED MARKET ECONOMY INSTITUTIONS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Xth Party Central Committee's sixth plenum's Resolution No. 21/ NQ-TW of January 30, 2008, on further improvement of socialist-oriented market economy institutions;
At the proposal of the Minister of Planning and Investment,

RESOLVES:

Article 1.- To promulgate together with this Resolution the Government's action program for materialization of the Xth Party Central Committee's sixth plenum's Resolution on further improvement of socialist-oriented market economy institutions.

Article 2.- This Resolution takes effect 15 days after its publication in "CONG BAO."

Article 3.- Ministers, heads of ministerial-level agencies; heads of government-attached agencies and presidents of provincial/municipal People's Committees shall implement this Resolution.

GOVERNMENT'S ACTION PROGRAM

FOR MATERIALIZATION OF THE Xth PARTY CENTRAL COMMITTEE'S SIXTH PLENUM'S RESOLUTION ON FURTHER IMPROVEMENT OF SOCIALIST-ORIENTED MARKET ECONOMY INSTITUTIONS
(Promulgated together with the Government's Resolution No. 22/2008/NQ-CP of September 23, 2008)

The sixth plenum of the Xth Party Central Committee issued Resolution No. 21-NQ/TW of January 30, 2008, on further improvement of socialist-oriented market economy institutions.

This action program defines and assigns the performance of major tasks to materialize the above-said Resolution of the Party Central Committee on further improvement of socialist-oriented market economy institutions, boosting the fast, efficient and sustainable economic development, actively integrating into the world economy and successfully attaining the target: "A prosperous people, a strong country and an equitable, democratic and civilized society."

Part I

MAJOR TASKS

Based on their respective functions, assigned tasks and delegated powers for state management, ministries, ministerial-level agencies, government-attached agencies and provincial/municipal People's Committees shall focus their direction on organizing the performance of the following major tasks:

I. TO ACHIEVE THE UNITY OF MIND ON THE SOCIALIST-ORIENTED MARKET ECONOMY IN THE COUNTRY

The relevant functional bodies at all levels shall conduct propagation, education and agitation for thorough understanding of the contents and spirit of the Xth Party Central Committee's sixth plenum's resolution on further improvement of socialist-market economy institutions by the entire society.

particularly state agencies, socio-political organizations, social and professional organizations as well as state employees: advise the Party Committees of the same level on promulgation and realization of resolutions, directives on specific policies, plans and measures to improve the awareness and understanding of the contents and nature of the socialist-oriented market economy in Vietnam - an economy which must comply with the rules of the market economy and also submit to the management of a law-ruled socialist state.

II. TO IMPROVE THE INSTITUTIONS ON OWNERSHIP AND DISTRIBUTION, TO DEVELOP AND RAISE THE EFFICIENCY OF OPERATION OF VARIOUS SUBJECTS IN THE ECONOMY

1. To improve institutions on ownership

a/ To revise current legal provisions on ownership, affirming the objective and long term existence and the policy to encourage the diverse development of ownership forms; guaranteeing the lawful rights and interests of various subjects in the economy.

b/ To synchronize current legal documents on land ownership in the direction of affirming that land belongs to the ownership of all people represented by the State; defining more accurately and adequately the State's ownership over land, particularly forest land and rice-growing land; clearly defining the right to own land and the right to use land; respecting and guaranteeing the rights of land users, especially peasants.

c/ To formulate and promulgate new legal documents on state ownership in the direction of separating the State's socio-economic management role from its role as owner of stale assets and capital; separating the state enterprises' function as owner of state assets and capital and their business administration function; restricting and proceeding to abolish the function of ministries and People's Committees as representative of the state ownership over state assets and capital at enterprises where exist state assets and capital. To improve the model of subjects dealing in state capital.

d/ To amend and supplement mechanisms and policies to support and encourage the development of collective ownership in cooperatives; to encourage the appropriation for establishment of funds to increase sources of undivided capital and assets in cooperatives; to better protect the cooperative members' rights and interests towards assets owned by cooperatives.

e/To formulate and materialize mechanisms and policies to encourage the combination of state ownership, collective ownership and private ownership, creating favorable conditions for enterprises to mobilize resources for development via diversification of ownership.

f/ To revise legal provisions on ownership of foreign enterprises, organizations and individuals in Vietnam; to define objects and conditions for foreigners to buy and own residential houses associated with land use rights as well as other assets in Vietnam.

2. To improve institutions on distribution

a/ To elaborate and promulgate the Law on Socio-Economic Development Planning and Plans with a view to raising the socio-economic efficiency in the use and distribution of resources; enhancing the coordination among advisory bodies of the Government; attaching importance to the participation of social organizations in the course of formulating development policies; defining mechanisms for effective distribution of resources for concentration of state investment capital on important and essential tasks, difficulty-hit regions and subjects, aiming to narrow the development gap between regions as well as between localities;

b/ To adjust legal and normative regulations on distribution and re-distribution, aiming to harmonize the interests of the State, enterprises and laborers. To revise tax laws towards ensuring state budget revenues while encouraging investment and technological renewal, developing production and achieving social justice;

c/ To renew mechanisms on allocation of budget expenditures for social development. To promulgate mechanisms and policies in order to increase efficacy; to consolidate and further expand social welfare systems. To attach importance to redistribution via social welfare, especially in healthcare and education sectors; to ensure the life at least at the average level in the society for groups of policy beneficiaries.

3. To develop, and raise the efficiency of operation of, various subjects in the economy

a/ To amend and supplement mechanisms and policies with a view to accelerating the equitization of state enterprises in the direction of raising the efficiency of enterprises, preventing the loss of state assets while guaranteeing the legitimate interests of laborers. To better state capital-dealing subjects in order to well perform the function as representatives of the state ownership over state capital at enterprises; to promulgate new mechanisms for management of state capital after equitization of enterprises;

b/To revise or promulgate policies to support collective economic organizations in access to capital sources; to train managerial cadres and laborers; to provide technical assistance and transfer technologies; to support market development, participating in trade promotion programs, investment projects of the State. To incorporate the tasks of developing the collective economy and balancing implementation resources in the formation of relevant socio-economic development strategies, programs and projects;

c/ To promulgate mechanisms and policies to encourage and support the development of farms, production and business households, especially in agriculture and rural areas, encouraging farms as well production and business households to contribute capital for development in forms of cooperative, joint-stock company, private enterprise or other appropriate business forms:

d/To revise legal provisions and policies in order to encourage various economic sectors to participate in the provision of public services; ensure a fair and healthy competition environment. To promulgate mechanisms and policies to promote and encourage the implementation of autonomy and accountability regime by non-business units with regard to their organizational apparatus, payroll, personnel and finance in performing their assigned functions and tasks. To formulate and promulgate mechanisms and policies on insurance in agricultural production.

III. TO IMPROVE INSTITUTIONS ENSURING SYNCHRONOUS MARKET ELEMENTS AND SYNCHRONOUS DEVELOPMENT OF ASSORTED MARKETS

1. To improve institutions on prices, competition and business monopoly control

a/ To revise regulations on price management according to market prineiples and international commitments, ensuring macro-economic stability;

b/ To further adjust legal provisions on contract conclusion and performance, market supervision and regulation, export and investment development, dispute settlement, suitable to the market economy and international commitments;

c/ To strictly observe the Competition Law; to supplement legal documents on anti-monopoly and protection of consumers.

2. To diversify assorted commodity and service markets towards civilization and modernization, attaching importance to the development of the service market

a/ To promulgate mechanism and policies, aiming to diversify assorted commodity and service markets towards civilization and modernization, attaching importance to the development of the service market, particularly to the formation and development of modern modes of market transaction, especially for farm produce and agricultural supplies;

b/To promulgate the Law on Protection of Consumers in the direction of guaranteeing that transactions between consumers and producers as well as dealers are conducted in a fair and equitable manner; to supplement and promulgate goods quality, food safety and hygiene, and environmental protection standards; to formulate and promulgate regulations on technical barriers for export and import regulation.

3. To improve institutions on the financial market

a/To further improve institutions on money and banking activities; concentrating on the assurance of schedule to formulate the Law on Safety Supervision of Banking Activities, the Law on Deposit Guarantee, the Law on the Suite Bank and the Law on Credit Institutions;

b/ To promulgate legal documents in the banking sector, including mechanisms for oversight of the process of opening the banking service market as committed;

c/ To formulate and realize the scheme on restructure of the system of commercial banks, to equitize state-run commercial banks in the direction of attracting strategic partners and holding prevailing shares by the State. To apply international practices and standards to the administration and supervision of banks in order to raise the competitiveness and ensure safety for the financial system;

d/ To revise law, mechanisms and policies for healthy operation and development of the securities market towards increasing the transparency of the market, the State's function of management and supervision of illegal transactions, money laundering and market rigging. To promulgate regulations on gradual increase of foreign investors' rights to buy shares and create favorable conditions for Vietnamese enterprises to make transactions on international securities markets and enhanced state supervision;

e/ To promulgate policies to encourage the development of domestic insurance enterprises of all economic sectors; to encourage the cooperation and alignment between domestic and foreign investors. To formulate and follow the roadmap for opening the insurance market according to international commitments while increasing state management efficiency and effect.

4. To improve institutions on the real estate market

a/To revise the Land Law. the Construction Law and sub-law documents towards guaranteeing that the land- and real estate-related rights evolve under market mechanism and become a source of capital in production and business; clearly affirming that land use rights constitute a special commodity valued under market mechanism with state management and regulation. To promulgate the valuation policy, ensuring the harmony between the interests of land users, investors and the State in ground clearance and land recovery. To promulgate mechanisms and policies to encourage organizations and individuals having their land recovered to contribute capital with their land use rights to investment or business projects, well settling residential land, residential houses and creating jobs for people having their land recovered. To promulgate regulations on inclusion of the land use right values into lists of assets of all organizations and individuals assigned the land use rights, including state agencies; mechanisms to create land funds of the State in service of public-utility targets, social policies and support for land market regulation as well as resettlement in the course of ground clearance. To formulate legal grounds for the State to actively participate in the real estate market in its capacity as owner of land and property on land;

b/ To supplement legal provisions on tax levied on real-estate dealing activities; formulate mechanisms and policies to encourage investment in formulation of land funds in service of population resettlement, social-house funds for lease or lease-purchase:

c/ To raise the quality of land use planning and construction planning: to publicize and strictly implement the approved land use planning and construction planning. To plan and strictly manage land funds for agricultural production, ensuring long-term land funds for rice growers and national food security;

To modernize the system of cadastral dossiers in service of the management of land and real estate market; to further invest in the work of measurement and making of cadastral maps in order to complete the grant of land use rights certificates for organizations and individuals throughout the country by 2010. To establish jurisdiction for settlement of land-related complaints.

d/ To synchronously develop real estate market services such as legal consultancy, notarization, appraisal, auction, real estate transaction registration, creating a healthy and legally safe environment for real estate transactions, preventing disputes and law violations.

5. To improve institutions on labor market

a/ To revise law and policies on salary and remuneration; salary must be considered the labor price formulated according to market rules and on the basis of labor supply and demand, labor quality and intensity as well as employment competition; to determine principles for agreement between employees and employers:

b/To promulgate mechanisms and policies in support of training, fostering, raising the qualifications and skills for, laborers, encouraging the provision of vocational training service by private sectors and enterprises;

c/ To supplement the legal framework and policies on sending laborers to work overseas and receiving foreign laborers to work in Vietnam; to develop training services towards sending highly qualified laborers to work overseas; to ensure the interests of Vietnamese guest workers; to encourage domestic enterprises and non-business units to attract and employ foreign laborers with high professional qualifications;

d/To promulgate mechanisms for universal application of labor contract regime, including to public non-business units and the state economic sector. To intensify the participation of representatives of employees and employers in the formulation of policies and plans for labor market development. To enhance the state management and supervision of the labor market. To raise the efficiency and effect of operation of labor tribunals with a view to ensuring the legitimate interests of employees and employers.

6. To improve institutions on the technology market

a/ To synchronously promulgate laws, mechanisms and policies in support of development of research and application organizations, scientific and technological transfer; to encourage enterprises to renew technologies through the import and application of new and modern technologies. To encourage the development of services on designing, measurement, valuation, appraisal, quality examination, information, brokerage, technological transfer, legal consultancy on intellectual property in the direction of mobilization of all social resources;

b/To renew the mechanism for management of science and technology suitable to the market mechanism. To consolidate the organization, raise the capability and operating efficacy of agencies performing the state management of the technology market;

c/ To promulgate policies in support of enterprises in technology management, raising the technological capability of enterprises, under international commitments.

7. To improve institutions on the essential public-service market

a/ To further renew and improve mechanisms and policies on the state management of education, healthcare, culture and sports and step up the socialization thereof in order to attract social resources for investment in these domains. To pinpoint preferential land, tax and credit policies in order to mobilize various economic sectors at home and abroad as well as other resources for strong development of public services. To promulgate and implement the mechanism whereby the State orders the provision of a number of essential public services (such as healthcare and education) by non-state service providers, creating a competition among service-providing units of all economic sectors;

b/To further improve laws, mechanisms and policies and enhance the management by the State, the supervision by social organizations over non-state public service providers; to improve the legal framework for autonomy of public service-providing units in strict accordance with the orientations and objectives set forth by the Party and the State, promoting positive elements and restricting negative effects of the market mechanism.

IV. TO IMPROVE INSTITUTIONS ON ASSOCIATING ECONOMIC GROWTH WITH SOCIAL PROGRESS AND JUSTICE IN EACH STEP AND POLICY FOR DEVELOPMENT AND ENVIRONMENTAL PROTECTION

1. To formulate and apply policies to encourage the enrichment, active poverty reduction then prosperity, especially in rural, mountainous and ethnic minority regions. To concentrate investment in socio-economic development in a number of key regions with high poverty rate, striving for a narrower rich-poor gap. To formulate community and rural development programs associated with poverty reduction targets.

2. To include poverty reduction into the contents of socio-economic development strategies and plans of the whole country as well as each locality.

3. To build a diversified and flexible social insurance system, suitable to the requirements of the socialist-oriented market economy; to study and supplement policies on social insurance towards ensuring that the social insurance fund is balanced in a long-term and sustainable manner; to amend irrational social insurance regulations, ensuring the interests of social insurance participants: to separate the social insurance for the state administrative sector from enterprises, non-business units and other sectors. To adjust pensions and social insurance subsidies under the mechanism of source creation and relative independence from salary policies, gradually reducing the state budget supports; step by step improving the pensioners life to match the economic development level.

4. To further formulate and improve policies and laws to encourage the formation and development of voluntary and humanitarian organizations operating for non-profit purposes to render community-based care for social relief beneficiaries. To create opportunities for social relief beneficiaries to access economic resources, essential public services (education, training, vocational training, employment, healthcare, housing, culture, sports). To amend and supplement social relief regulations on the basis of raising the minimum living standards of the entire society. To formulate and realize target programs, giving priority to social relief beneficiaries.

5. To further improve law and policies on environmental protection, closely supervising the pollution prevention and combat, resolutely handling cases of serious environmental pollution and applying strong remedies against violations. To work out mechanisms to associate the environmental protection with the process of formulating and implementing socio economic development strategies, plannings and plans right from the beginning. To formulate mechanisms to prevent and overcome the consequences of natural disasters, to respond to and alleviate the impacts of climate change; to increase funding for environmental rehabilitation in annual budget expenditure plans.

To study, supplement and improve mechanisms and policies on natural resource and emission market, first of all regulations on taxes, priees, water resource-exploiting and -using charges; to consider the application of economie and financial mechanisms to wastewater and exhaust.

V. TO IMPROVE INSTITUTIONS, AIMING TO ENHANCE THE PARTY'S LEADERSHIP ROLE, THE EFFECT AND EFFICIENCY OF ECONOMIC STATE MANAGEMENT, TO INTENSIFY THE PARTICIPATION OF SOCIO-POLITICAL ORGANIZATIONS, SOCIAL AND PROFESSIONAL ORGANIZATIONS AND PEOPLE IN THE PROCESS OF SOCIO-ECONOMIC DEVELOPMENT

1. To concentrate the direction on theoretical studies and reality review in order to identify more clearly, specifically and adequately the socialist-oriented market economy model, particularly the socialist-oriented contents of the market economy. To step up the agitation and education of contingents of officials, Party members and people of all strata about the unity of mind and action on the socialist-oriented market economy, creating high consensus in the society. To create scientific grounds for the revision and development of the Party's platforms, lines, major undertakings and policies on socio-economic development. To reform the work on organization and personnel, especially personnel in the formulation and enforcement of economic institutions. To clearly define the relationship of cooperation and coordination between Party organizations and administrations in administrative bodies.

2. To promulgate mechanisms and policies, aiming to raise the economic management role and effect of the State

a/ To promulgate legal grounds for the formulation and realization of socio- economic development strategies, plannings and plans, efficiently using resources, macro-management and regulation tools, ensuring major economic balances, controlling inflation, preventing and promptly handling adverse impacts destabilizing the macro-economy;

b/ To pilot the transfer of the provision of a number of public services to social organizations;

c/ To further restructure the state apparatus towards higher efficiency and streamlined apparatus, based on the re-determination of the State's function in the socialist-oriented market economy;

d/To perfect legal grounds, mechanisms and policies on social organizations, socio-professional organizations and on practice of democracy in economy, aiming to create conditions for, and raise the role of, people-elected organizations, socio-political organizations, socio-professional organizations and people in the development of socialist­oriented market economy. To promulgate mechanisms and policies so that people-elected organizations, socio-political organizations, social organizations, socio-professional organizations and people efficiently participate in the process of formulation, enforcement and implementation supervision of economic law as well as socio-economic development undertakings and policies.

Part II

ORGANIZATION OF IMPLEMENTATION

1. Based on the major tasks and jobs in this action program and its annex, on their respective assigned functions and tasks, ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People's Committees shall personally direct the formulation of action programs of their respective ministries, branches or localities and report them to the Prime Minister before October 20, 2008; thereby to detail them into tasks in annual work plans. For tasks not implemented under schemes or programs, they must be immediately performed in order to ensure the timely and efficient realization of the contents of the action program.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal

People's Committees focus their direction on, intensify the inspection and urge the implementation of this action program: annually report to the Prime Minister on the implementation; and concurrently send their reports to the Ministry of Planning and Investment for oversight and sum-up.

3. In the course of implementing this action program, if deeming it necessary to amend or supplement specific contents of the program, ministries, branches and localities shall actively coordinate with the Ministry of Planning and Investment in reporting such to the Prime Minister for consideration and decision.

4. The Finance Ministry shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment in, submitting to the Prime Minister for approval the fund for materialization of this action program, meeting the set schedule.

5 The Minister of Planning and Investment shall base on his/her assigned functions, tasks and powers to monitor and urge ministries, branches and localities to implement this action program; and periodically send reports and proposals to the Government and the Prime Minister on necessary measures to ensure the efficient and synchronous implementation of this program.

ANNEX

MAJOR JOBS

(Promulgated together with the (Government’s Action Program for materialization of the Xth Party Central Committee's sixth plenum's Resolution No. 21 -NQ/TW of January 30, 2008, on further improvement of institutions on socialist-oriented market economy)