Chỉ thị 17/2002/CT-TTg

DIRECTIVE

ON FURTHER STEPPING UP THE IMPLEMENTATION OF THE LAW ON ENTERPRISES

Over the past more than two years, the ministries, ministerial-level agencies, agencies attached to the Government and the People’s Committees of all levels have made great efforts to implement the Government’s and the Prime Minister’s direction on the implementation of the Law on Enterprises. The Law on Enterprises has created a big change in economic thinking renovation and administrative reform; created a new motive force, liberated the productive forces and mobilized the internal strengths; contributed to boosting the economic growth, hunger elimination and poverty alleviation, and improvement of people’s life, thus getting the sympathy and support of people at home and high appreciation from the international community.

However, the practical implementation of the Law on Enterprises over the past two years showed that many aspects have not yet seen positive changes, thus limiting the effectiveness and impact of the Law on Enterprises. A number of necessary documents guiding the implementation thereof have been slow to be promulgated; the promulgated documents have contents unsuitable or even contrary to the provisions of the Law on Enterprises; the awareness as well as the organization and direction of implementation of the Enterprise Law of several ministries, branches and localities are still passive, incomplete and inconsistent.

A number of enterprises and enterprise managers have not yet been fully aware of the necessity to strictly observe the Law on Enterprises, shown signs of intentionally violating the provisions thereof; have not yet considered the strict observance of the Enterprise Law a tool to protect their legitimate rights and interests; and their sense of observing the regulations on enterprises obligations is generally not so high.

In order to further step up the implementation of the Law on Enterprises, efficiently carry out the Government’s program of action for implementation of the Resolution of the fifth plenum of the Party Central Committee, the IXth Congress, and specifically implement Section 3 of the Government’s Resolution No. 07/2002/NQ-CP the Prime Minister hereby gives the following instructions:

1. In the fourth quarter of 2002, the Ministry of Labor, War Invalids and Social Affairs shall submit to the Government the draft Decree on Employment, prescribing business conditions for enterprises engaged in the field of job creation.

2. In the third quarter of 2002, the Ministry of Aquatic Resources shall promulgate a circular guiding the granting of aquatic veterinary drug business certificates; the Ministry of Justice shall promulgate a circular guiding the granting of legal service practicing certificates; the Ministry of Public Security shall assume the prime responsibility and coordinate with the Ministry of Planning and Investment, the Ministry of Justice and the Supreme People;s Court in promulgating a joint circular prescribing the determination of personal identification of enterprise founders.

3. The Ministry of Planning and Investment shall:

a/ Continue expanding the connection of the enterprise information network to the provinces and centrally-run cities; enhance the capability of the Enterprise Information Center in order to well exploit Vietnam Enterprise Website;s functions; and work out a Regulation on the supply of information on enterprises to organizations and individuals having demands therefor.

b/ Coordinate with the Working Group for Enforcement of the Enterprise Law, ministries, branches and Vietnam Chamber of Commerce and Industry in collecting the full list of valid permits and the permit management regime, drafting a decree on announcing the list of valid permits for submitting to the Government in the fourth quarter of 2002, ensuring the synchronism and consistency of the legal system.

4. The People’s Committees of the provinces and centrally-run cities should raise the awareness of managerial officials of all levels and consider the development of the private economy in particular and the people’s economy in general their central tasks, and the implementation and bringing into play of the effect of the Enterprise Law in their respective localities an important measure to successfully materialize socio-economic development plans therein, and at the same time immediately perform the followings:

a/ To revise and annul all administrative decisions, issued in different forms, on temporarily ceasing the business registration for those branches and trades not banned from business under the provisions of the promulgated laws, ordinances and decrees. The provincial/municipal Planning and Investment Services are requested to immediately annul the regulations on business registration procedures, which are contrary to the provisions of the Enterprise Law.

b/ To annul or amend the plannings on development of branches and trades in their respective localities, which lack scientific grounds and are no longer suitable to the reality in order to create equality, bring into play creativeness and mobilize internal strengths for production and business development.

c/ To strengthen and enhance the capability of the provincial/municipal Planning and Investment Services business registration bureaus so that they perform their functions and tasks and exercise their powers strictly according to law provisions. At the district level, to strengthen the specialized sections so as to be fully capable of managing the business registration. The business registration bureaus and these sections must be organized in an unified system in order to update full information on the operation of enterprises in localities, at the same time support and provide necessary information for enterprises.

d/ Periodically organize meetings and dialogues between the provincial/municipal services, departments, branches, the rural/urban district People’s Committees and enterprises in localities in order to settle in time the problems of enterprises according to their competence (biannually or annually) regarding business grounds; investment preference regime; investment preference credit borrowing, capital borrowing; granting of business permits and investment licenses; taxes; product consumption

e/ To direct the provincial/municipal Services and the urban and rural district People’s Committees, within the ambit of their respective competence and responsibilities, to raise their State management capability, detect in time and strictly handle enterprises which abuse, intentionally violate or do not strictly observe law provisions.

5. The Working Group for Enforcement of the Enterprise Law:

a/ To continue propagating and disseminating the Enterprise Law and documents guiding the implementation thereof to enterprise owners and managers as well as concerned State managerial officials.

b/ To assist the Prime Minister in monitoring the promulgation and implementation of the documents guiding the implementation of the Enterprise Law by the ministries, branches and localities. To periodically report to the Prime Minister on the results of implementation of the Government’s and the Prime Ministers direction on the implementation of the Enterprise Law throughout the country: on pluses and minuses as well as difficulties and problems in the course of implementation of the Enterprise Law and propose in time measures for handling thereof.

c/ To study, propose measures to overcome and settle arising problems, create a common favorable environment for enterprises to equally develop in terms of production and business grounds, capital, information, marketing; find and draw good experiences on the implementation of the Enterprise Law in several localities for implementation in other localities.

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Directive.