Nghị quyết 19/2016/NQ-CP

RESOLUTION

ON MAIN DUTIES AND MEASURES FOR IMPROVING BUSINESS ENVIRONMENT AND ENHANCING NATIONAL COMPETITIVENESS IN 2016 - 2017 AND ORIENTATION TOWARDS 2020

THE GOVERNMENT

Pursuant to the Law on Governmental organization dated June 19, 2015;

Pursuant to the National Assembly’s Resolution No.142/2016/QH13 dated April 12, 2016 on 5-year socio-economic development plan 2016 – 2020;

Pursuant to the Government’s Resolution No.19/NQ-CP dated March 18, 2014 and Resolution No.19/NQ-CP dated March 12, 2015 on main duties and measures for improving business environment and enhancing the national competitiveness;

In reference to discuss and voting by Members of the Government and the Prime Minister’s conclusion at Government regular meeting in March 2016,

HEREBY PASSES A RESOLUTION

I. EVALUATION OF IMPLEMENTATION

After 02 years of implementation of the Resolution No.19/NQ-CP dated March 18, 2014 ( hereinafter referred to as “Resolution 19-2014") which targeted for the ASEAN-6 average score in 6 business environment indexes and the Resolution No.19/NQ-CP dated March 12, 2015 (hereinafter referred to as “Resolution 19-2015”) which targeted for the ASEAN-4 average score in 10 indexes, Vietnam has achieved an improvement in business environment and national competitiveness recognized by international prestigious organizations 1, and enterprise communities 2.. The Government has put in a great deal of effort to improve the business environment and national competitiveness. The Ministry of Finance, Ministry of Planning and Investment, Ministry of Agriculture and Rural Development, Social Security Administration of Vietnam, Vietnam Electricity, Vietnam Chamber of Commerce and Industry, Ho Chi Minh City's government and other local government has actively implement, supervise and inspect implementation of such Resolution which attributes to the improvement in both score and ranking.

However, several regulatory authorities has yet to devote themselves to implementing and duly complying with periodic progress reporting regime (in 2015, there were only 10 Ministries and authorities and 15 provincial governments duly complying with the stipulated reporting regime). Several heads of regulatory authorities neither thoroughly understood the targets and duties set in the Resolution 19 focused on directing, expediting, inspecting and supervising implementation nor effectively simplified administrative procedures. Therefore, the score and ranking in business environment have yet to dramatically rocket, and several indexes are still far from ASEAN- 6 and ASEAN 4 average score as targets set in the Resolution such as indexes in construction permit, property registration, cross border trade and solving solvency, etc.

II. OBJECTIVES AND MAJOR TARGETS FOR COMPETITIVENESS AND BUSINESS IMPROVEMENT

This Resolution is developed to enhance the business environment ranking and score.

1. Reach the ASEAN-4 countries’ average scores in business environment index. To be specific:

- Follow The World Bank and World Economic Forum's indicators for business environment assessment; consolidate and remain achievements in “starting a business”, “electricity”, “investor protection”, “tax payment” and “social security” indices and make effort to get higher scores in every index.

- Annul or suspend the effect of regulations on business conditions which are no longer proper or conformable to regulations of laws. Radical reform regulations on business conditions and specialized management of imported and exported goods and services in conformity with international practices, and basically focus on post-inspection. Simplify and annul improper administrative procedure, ensure to cut down at least 10% of cost of administrative procedures.

- Reach the average score of ASEAN- 4 countries in tax administrative reform in 03 indexes: tax refund, tax inspection risk management and deadline for solving tax-related complaints;

- Reduce time for carrying out procedures for issuing construction permit and relevant formalities to not exceeding 77 days (including formalities for approval of construction design, connection and acceptance of construction works for operation, property registering after as-built phase, etc.); procedure for property registration shall be finished within 14 days; customs procedure for trading across borders shall be completed within 10 days (for exportation) and within 12 days (for importation); a contractual dispute shall be settled within 200 days (currently 400 days) and bankruptcy shall be solved within 24 months (currently 5 years; and the “credit access“index is expected to reach top 303;

- Reduce paperwork, time and cost of administrative procedures for import-export. Basically reform methods of specialized management and inspection, follow management principles with reference to risk management, duly follow international practices; carry out post-customs inspection of required imports and exports; introduce online procedures for specialized management and inspection, create network to exchange information between specialized inspection authorities and customs authorities.

- Create incentives to assist start-ups and create favorable, stable and innovative business and investment environment.

2. It is expected that Vietnam will reach the ASEAN-4 countries’ average scores in some competitiveness -related indices (according to rankings of the World Economic Forum) by 2017;

- It is expected that the “competition policy effect” and “tax barrier relief” index will reach top 50 and top 40, respectively. Complete the competition policy, promote good market efficiency and ensure fair competition.

- It is expected that the “Flexibility in wage determination” and “country capacity to retain and attract talent” indexes will reach top 60 and top 40, respectively.

- It is expected that the” availability of financial services” will reach top 50.

- Strongly promote both primary and secondary land use right markets.

3. It is expected Vietnam’s business environment and competitive will reach the ASEAN -3‘s average scores in some indexes prescribed in the international practices by 2020.

It is expected that the “starting a business” index will reach top 40 ; procedure for licensing construction permit and relevant formalities shall be finished in less than 70 days; procedure for getting medium-voltage electricity shall be finished in less than 33 days; procedure for property registration shall be finished in less than 10 days; procedures for tax filing and payment of social insurance premiums shall be completed in less than 110 hours/ year and 45 hours/year, respectively ; customs procedure for trading across borders shall be completed in less than 36 hours (for exportation) and less than 41 hours (for importation); a contractual dispute shall be settled in less than 200 days and bankruptcy shall be solved within 20 months. The “protection investors” index and “and “access to credit” index are expected to reach top 30 countries.

III. RESPONSIBILITIES OF REGULATORY AUTHORITIES

1. Every Minister, Head of Ministerial-level agencies, Governmental Office, President of People’s Committees of provinces shall be directly accountable to the Government and Prime Minister for results of implementation of the Resolution 19 and give directives to:

a) Develop action programs and action plans for implementing the Resolution 19 before May 30, 2016; raise the officials’ awareness of the manner of serving citizens and enterprises. Determine targets, duties and progress of implementation of the Resolution, define the governing body and develop a detail plan for amendment to current regulations of laws.

b) Actively cooperate with international organizations in study on the methods of calculation and meaning of ranking indexes; punctually provide information for international organizations as the foundation for ranking.

c) Focus on giving effective and flexible directives and completing targets, measures and duties prescribed in the Resolution. Clearly define functions, duties, the power and responsibilities for implementing this Resolution of each authority and individual. Punctually take proper and flexible measures for solving arising issues, propose proper and effective directives and measures.

d) Promptly complete legislative documents on business conditions. Revise and annul improper business conditions and immediately cease ultra-vires compilation and issue of business conditions. Develop and request to issue the Decree on business conditions under the 2014 Law on Investment.

Modify or request to modify regulations on specialized management of imports and imports towards simplifying and modernizing administrative documents. Issue the nomenclature of imports and exports subject to the specialized management and inspection towards simplifying, detailing and encoding the Nomenclature; specify applicable standards, methods of inspection, inspecting authorities, date and location of inspection, Modify legislative documents on specialized inspection under the Prime Minister’s Decision No.2026/QD-TTg dated November 17, 2015 on approval for the Plan for Enhancement of the Effectiveness of Specialized Inspection of Imports and Exports. Revise regulations on specialized inspection, ensure the transparency of methods of cost calculation and fee payers, and gradually apply price mechanism. Promote the involvement of private sectors in accordance with regulations of laws and international practices.

dd) Reduce the quantity of imports undergoing specialized customs inspection to 15% to the end of 2016 inclusive (currently 30 – 35%);
reform the methods of management and specialized inspection on the basis of risk management and observation to laws by enterprise; give priority to qualified enterprises.

Review the list of goods undergoing specialized inspection and only import commercial goods subject to specialized inspection, accordingly; encode inspected articles. Carry out specialized inspection in conformity with international practices; promote mutual recognition under mutual recognition agreement; actively recognize the quality of goods from famous brands, manufacturers and goods made in developed countries (EU, America, Japan, etc.) Carry out post-customs inspections of food safety, quality and energy efficiency instead of customs inspection (except for quarantine of imports containing highly potential risks under the Ministry of Agriculture and Rural Development’s regulations). Inspect imported materials for domestic production and consumption in the process of manufacture and prior to sale on the market; inspect exports manufactured from imported materials at manufacturing facilities prior to export.

Introduce online procedures for specialized inspection; create networks for exchanging information between specialized inspection authorities, the national single-window system and ASEAN single-window system to reduce time for specialized inspection formalities.

e) Make online administrative procedures which are standardized by regulatory authorities publicly available on the national database by June 30, 2016; complete standardization of administrative procedures as stipulated in the Decision No.08/QD-TTg dated January 06, 2015, and fully and punctually publish online administrative procedures within the authority on the Internet and put up them at the headquarters of the authority.

g) Establish a system to receive and solve citizen and enterprise’ complaints on administrative procedures, policies and execution of official duties by officials directly carrying out administrative procedures. The Heads of regulatory authorities shall duly follow regulations on accountability and shall address citizens and enterprises’ complaints. Step up receipt and release of results via postal services or online services.

h) Improve the capacity and apply information technology to State management. Introduce online services and e-government; create the national database; give priority to create the national database on land, population and enterprises, etc.

i) Effectively apply interconnected single-window system and the ISO quality management system to State administrative authorities.

k) Regularly inspect and supervise the progress and results of implementation of the Resolution 19 Action Plans and Programs; impose strict penalties on officials and leading persons who are irresponsible and take any act of harassment to citizens and enterprises.

l) Strictly comply with the reporting regime. Before 15^th of the last month of every quarter and before 15^th of December, aggregate and submit status quarterly and annual reports to the Office of the Government and the Ministry of Planning and Investment for aggregation and submission to the Prime Minister at government meetings.

m) Actively cooperate with the Vietnamese Fatherland Front and Peoples’ Organizations in supervision of implementation of the Resolution 19;
Disseminate information and mobilize enterprise communities and citizens to actively feedback and create forums to receive feedbacks from enterprises and citizens.

n) The Government and prime Minister shall set up inspection teams to inspect implementation of the Resolution 19.

2. The Ministry of Planning and Investment shall:

- Promptly issue the Circular providing guidelines for implementation of the Law on Investment and Law on Enterprises, and other guidance documents, especially the Circular guiding integrated mechanism for business registration and investment registration; modify, supplement or propose to modify and supplement relevant documents in conformity with the Law on Investment and Law on Enterprises. Compile a Decree stipulating business investment conditions and control of such conditions.

- Review and cooperate with the Ministry of Justice in proposal for abrogation of provisions on business investment conditions which are no longer proper or are issued ultra-vires; make complete business investment conditions publicly available on the enterprise information national portal. Consolidate and try to get higher ranking and scores in “starting a business” and “protecting investor” indexes.

- Take charge of and cooperate with the Ministry of Justice, Office of the Government and relevant authorities in amendment and supplement to the a number of Decrees to deal with difficulties in business and investment, create connection between procedures for land, construction, bidding and environment; define terms “business condition” and “ simplify administrative procedure and reduce time for carrying out procedure for investment” and submit them to the Government for enaction in July 2017.

- Cooperate with the Ministry of Labor, War Invalids and Social Affairs and Social Security Administration of Vietnam in development of an interconnected system for exchanging enterprise information, facilitate employment and social insurance registration by enterprises under regulations of laws.

- Apply enterprise ID number and digital signature to transactions between enterprises and State management authorities such as the Ministry of Planning and Investment, tax authorities, Social Security Administration, Ministry of Construction, etc, and in transactions between enterprises.

- Publish the list of enterprises which have been undergoing bankruptcy procedures and list of asset management officers on the business registration national portal.

- Propose measures for improving the national competitiveness ranking and submit the master plan for competition policies to the Government in June 2017.

- Reduce time for business establishment to 03 days as prescribed by laws. Enhance the capacity to analyze private sector-related policies, especially policies affecting enterprises’ business.

3. The Ministry of Finance shall:

- Apply information technology to at least 95% of work related to tax declaration, tax payment and tax refund.

- Make the tax refund database publicly available, check 100% of tax refund records and punctually and duly resolve 100% taxpayers’ complaints. Transparently publish regulations of the Law on Tax Administration and procedures for tax inspection, VAT refund and dispute settlement.

- Cooperate with the Ministry of Planning and Investment in development of a system automatically granting TIN to enterprises.

- Cooperate with the Ministry of Natural Resources and Environment and regulatory authorities in prompt introduction of the replacement of the Joint-Circular No.30/2005/TTLT/BTC-BTNMT4, create interconnected procedures applicable to Land/Land Use Right offices.

- Request the Government to issue a Decree on action against price transfer and tax evasion in 2016.

- Apply information technology to management of imports and exports, ensure information transfer between specialized management authorities with the General Department of Customs Decreed National Single-window Portal. Cooperate with specialized management authorities in development of information exchange systems.

- Take charge of and cooperate in relevant authorities in specialized management at designated inspection points in checkpoints in process of customs clearance.

- Complete the Automated Customs Clearance System (VNACCS/VCIS), focus on simplifying complicated customs procedures towards changing and modernizing management methods (e.g. checking goods at seaports, verifying goods in the monitoring areas; post-customs inspection, inspection of goods …) Publish the criteria for assessment, install warning systems; publish reasons for which goods are categorized into yellow and red channels and annual reduce inspection of goods in yellow and red channels. Make port ID number publicly available on the website; modify legislative documents related to automatic customs clearance and ensure the harmony of the customs system.

- Create electronic networks for exchanging information on goods stored at ports to reduce paperwork and enhance the effectiveness of state management of goods and containers at seaports.

- Review and modify regulations on specialized inspection fees towards reducing fees incurred by enterprises and clearly defining responsibilities for paying fees. Clearly define the list of goods undergoing specialized inspection for State management and goods undergoing specialized inspection upon request of enterprises.

4. The Social Security Administration of Vietnam shall:

- Review and simplify paperwork and procedures for statement of earnings and spending on social insurance and health insurance, reduce time for enterprises to complete the procedures for compulsory insurances.

- Apply information technology, create networks between social securities administration in 63 provinces, create centralized social insurance database, introduce online procedures for declaration, payment and reimbursement of social insurance and health insurance

- Develop processes and procedures for inspection and examination of enterprises’ social insurance, health insurance and unemployment insurance. Cooperate with the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health and local governments in determination of the power and cooperation regime for inspection.

5. The Ministry of Industry and Trade shall:

- Request the Government to modify and supplement the Decree No.108/2008/ND-CP and Decree No.26/2011/ND-CP before September 2016; modify the Circular No.40/2011/TT-BCT on chemicals declaration.

- Modify and supplement the Decision No.11039/2014/QD-BCT on the list of goods undergoing quality inspection, inspection of conformity with technical regulations and food safety before September 2016.

- Basically change the ways of management, inspection and energy efficiency labeling; annul ineffective regulations which prolongs time for customs clearances, causes difficulties and incurs fees.

- Review and accelerate specialized management authorities to issue documents guiding implementation of the Decree No.187/2013/ND-CP regarding the list of goods subject to specialized inspection.

- Issue documents detailing the Circular No.37/2015/TT-BCT dated October 30, 2015 on inspection of the content of formaldehyde and aromatic amines in textile products.

- Simplify and propose to simplify procedures for management of the quality of domestically-manufactured steel and imported steel. Evaluate the provisions and effect of the Joint-Circular No.58/2015/TTLT-BCT-BKHCN dated December 31, 2015.

- Complete modification of the Circular No.33/2014/TT-BCT before December 2016 towards: (i) Annul requirements for certification of conformity with the planning for under 2000KVA works; (ii) simplify paperwork for connection to medium-voltage grid; (iii) cooperate with the People’s Committee of provinces in issue of regulations on deadline for completing agreement on location of electrical poles/stations and electrical grids and issue of construction permit.

- Submit the draft law on competition ( amended) to the National Assembly before December 2017, ensure fair competition, effectively control monopoly and business dominance. Punctually solve complaints about abuse of the market dominance and monopoly and take actions against violations.

6. The Ministry of Agriculture and Rural Development shall:

- Radically resolve difficulties arising from a number of regulations of the Circular No.48/2013/TT-BNNPTNT dated November 12, 2013 on percentage of sample and method of shipment sampling for inspection; deadline for completion of the list of prioritized enterprises from the date on which such enterprises are assessed satisfactory; deadline for re-issue of the certificate of food safety.

- Modify or propose to modify regulations and procedures for inspection of food safety and quarantine of imports towards applying risk management methods; simplifying and introducing online inspection and quarantine procedures; applying mutual recognition mechanism. Carry out inspection in process of manufacture and post-customs inspection instead of customs inspection. Modify and supplement documents on exports quarantine towards conducting quarantine upon exporter’s request. Prevent repeated inspection, especially inspection of fur and diary raw materials.

7. The Ministry of Science and Technology shall:

- Request the Government to draft the Decree on amendment and supplement to the Decree No.89/2006/ND-CP on goods label before September 2016.

- Resolve difficulties in certification of conformity and inspection of each shipment.

- Introduce proper mechanism and policies, create favorable business environment, facilitate development of science and technology enterprises.

- Submit a Plan for upgrading the Vietnam Productivity Institute to Vietnam National productivity Institute before July 2016.

- Create and develop national innovation systems, innovation centers and technology incubators.

8. The Ministry of Natural Resources and Environment shall:

- Complete modification to administrative procedures for property registration and transfer before December, 2016, introduce online procedures for issuing of the certificate of land use right.

- Propose measures for declaring vacant land, land which has yet to be leased or sublet in industrial zones, industrial clusters, processing and exporting zones and economic zones, and land granted or leased from the State but has yet to be used. Facilitate access to land by enterprises, especially SMEs.

- Develop incentive policies on large-scale land assembly for agricultural purpose

9. The Ministry of Justice shall:

- Cooperate with the Ministry of Planning and Investment in review, inspection and request the prime Minister for abrogation or suspension of part or whole of legislative documents on business investment conditions issued by Ministers and Heads of Ministerial-level authorities which are in contravention with the Constitute and superior authorities’ legislative documents

- Cooperate with the Supreme People’s Court in completion to legislative documents related to enforcement of the 2014 Code of Civil Procedure and 2014 Law on Bankruptcy to accelerate settlement of contractual disputes towards simplifying procedures and record and reducing time for solving commercial disputes. Provide guidance on implementation of the Law on Enforcement of civil Judgment.

- Review, modify and supplement documents related to enforcement of civil judgment towards annulling provisions of publishing of bidding at the bidding places; supplement regulation on issue of the certificate of ownerships and right of enjoyment of bided property towards simplifying procedures and facilitate enforcement of civil judgment.

- Complete regulations on bailiff to boost the development of nationwide bailiff networks. Enhance the court’s effectiveness of judicial administration and enforcement.

- Set requirements and criteria for bailiffs. Increase the quantity and enhance qualifications of bailiffs; simplify administrative procedures for issue of bailiff cards.

- Propose the Prime Minister to issue the Decision on receipt and release of administrative paperwork via postal services.

10. The Ministry of Home Affairs shall:

- Effectively implement plans for official duty regime and administrative reforms in period of 2016 – 2020 under the Prime Minister’s Decision No.1557/QD-TTg dated October 18, 2012 and Decision No.225/QD-TTg dated February 04, 2016.

- Step up application of single-window system and interconnected system at local administrative authorities. Intensify the examination and inspection and take actions against acts of harassment related to administrative procedures.

- Request the Government to issue the Decree on evaluation and sanctions against officials directly carrying out administrative in State authorities at communal level upwards in 2016.

11. The Ministry of Transport shall:

Cooperate with the Ministry of Finance in modification and supplement to relevant legislative documents, ensure the transparency of charges and surcharges. Take measures for controlling surcharges collected by container companies; prevent illegal fees imposed by container companies.

12. The Ministry of Construction shall:

- Implement administrative reforms in issue of the construction permit and construction works management-related administrative procedures. Boost application of information technology and reduce time for licensing the construction permit.

- Simplify administrative procedures, reduce time and cost of issue of construction permit. Cooperate with the Ministry of Public Security and Ministry of Natural Resources and Environment in integration of procedures for approval for fire protection and assessment of environmental impact into the procedure for assessment of construction design.

- Resolve difficulties 5 enterprises encounter when going through procedures for licensing the construction permit as stipulated in the Government’s Decree No.59/2015/ND-CP dated June 18, 2015 on construction project management.

- Take charge of and cooperate with the Ministry of Natural Resources and Environment in development of a Decree stipulating land-related legal documents for issue of the construction permit. Any project for which land is reserved by the State competent authority land is legally used in conformity with the planning shall be eligible for a construction permit; any project expected to be located in land plot which is not used for construction but is not allowed to be repurposed may be granted the construction permit according to the People’s Committee of district’s written consent.

13. The State bank of Vietnam shall:

- Take measures for improvement and transparency of credit information; facilitate and promote the equality o between entities of all economic sectors in access to credit loan capital according to market-oriented mechanism.

- Develop policies on assistance in financial services.

14. The Ministry of Education and Training shall:

- Complete policies on improvement of the educational institution quality.

- Give educational institutions the financial autonomy and academic autonomy; facilitate provision of education services according to market-oriented mechanism on the basis of the strict output control.

15. The Ministry of Labor, War Invalids and Social Affairs shall:

- Revise labor market regulations, enhance the efficiency of labor market, ensure the harmony and flexibility of the labor market. Facilitate recruitment and employment.

- Modify, supplement and simplify process, regulations and procedures for collection of social insurance premiums and reimbursement.

- Set up procedures and requirements for establishment and operation of non-public vocational education institutions; annul or request to annul inappropriate procedures and requirements; give incentives and facilitate involvement in vocational training by domestic and foreign private sectors and social organizations.

- Innovate vocational training mechanism and policies towards giving the academic autonomy and financial autonomy.

16. The Ministry of Health shall:

- Modify and propose to modify regulations on food safety inspection procedure towards managing risks, carrying out post-customs inspection of food safety instead of customs inspection ; carry out inspection in process of production instead of inspection of each shipment.

- Modify and supplement the Circular No.19/2012/TT-BYT dated November 09, 2012 of the Ministry of Health, guiding the declaration of conformity and declaration of compliance to food safety regulations before September 2016 in case only the size or package of the product is changed.

- Take charge of and cooperate with relevant Ministries and authorities in supplementation and amendment to legislative documents related to additional labels, product labeling and declaration of conformity towards exempting additional labeling, labeling and declaration of conformity of imported food and materials for export, import, outward processing and inward processing.

- Modify, supplement and simplify process, regulations and procedures for collection of health insurance premiums and reimbursement.

17. The Ministry of Foreign Affairs shall:

- Step up political advocacy and diplomacy to boost the process of recognition of Vietnam’s market regulations and ease of investment and trading, and protection of Vietnamese enterprises' interests in international commercial disputes.

- Enhance the local governments and enterprises ‘capacity for international integration; disseminate information on international integration, especially commitments in new generation free-trade agreement for harmonized implementation.

- Enhance the relevant authorities’ capacity to update international regulations on investment and business; enhance the capacity to settle disputes over international trade to protect domestic enterprises' legal interests.

- Improve the National Steering Committee’s performance in international integration, business environment and enhancement of national competitiveness.

18. The Ministry of Information and Communications, Vietnam News Agency, Voice of Vietnam and Vietnam Television shall cooperate with the Central Propaganda Department and regulatory authorities in communications, disseminate and raise people’s awareness of the Resolution. Facilitate monitoring and supervision of implementation of this Resolution by press agencies and communications agencies.

19. The Office of the Government shall create a forum for enterprises and citizens’ feedback on policies via the Government’s portal. Cooperate with the Ministry of Planning and Investment in establishment of inspection teams and report to the Government at regular meeting by the end of each quarter. The results of implementation of this Resolution may affect the assessment of operation of regulatory authorities carried out in December every year at the Government’s regular meeting.

20. Every People’s Committee of provinces shall:

- Harmoniously and fully implement reforms as stipulated in the Law on Enterprises and Decrees guiding starting a business and enterprise registration certificates. The business registration authority shall take charge of and cooperate with tax authorities, employment authority and social security administration in combination of procedures for reducing time for starting a business and business registration.

- Apply the interconnected single-window system, simplify and introduce online procedures and reduce time for licensing the construction permit and conducting relevant formalities, and property ownership registration. Clarify as-built documents and facilitate registration of property derived from construction. Make administrative procedures related to property registration publicly available.

- Make procedures for getting electricity, duration for certification of conformity with the planning and supplementation of the planning publicly available. Cease inspection of procedures for agreement on location of electrical poles and electrical grids, issue of the construction permit or integrate those two procedures into one.

- Apply the interconnected single-window system and electronic single-window system to carry out administrative procedures related to tax, fees and charges.

- Duly comply with regulations and policies on social insurance and health insurance; simplify procedures and required paperwork; introduce online procedures for declaration and payment and resolve issues related to social insurance and health insurance.

- Carry out judicial reforms under 2015 the Civil procedure code and 2014 the Law on Bankruptcy; and enhance the effectiveness of enforcement activities to save time under the Resolution.

21. Vietnam Chamber of Commerce and Industry, Vietnam Lawyers Association, Vietnam Bar Federation, enterprise associations and occupational associations shall:

- Carry out independent surveys and assessment of the efficiency of administrative procedures and give advices to the Government . Cooperate with the Ministry of Home Affairs and the Ministry of Justice in development of criteria for assessment of administrative reforms and make such criteria publicly available to the enterprise community and citizens.

- Improve the provincial competitiveness index; support and instruct local governments to improve provincial competitiveness index in combination with implementation of the Resolution 19.

- Collect feedbacks on administrative procedure policies and difficulties in implementing administrative procedures enterprises and investors encounter, report such difficulties to the competent authority to punctually address and make such feedbacks publicly available via means of media; aggregate and submit reports of the National Council for Sustainable Development and Competitive Improvement and Office of the Government to the Prime Minister.

- Cooperate with regulatory authorities and enterprise associations in development of enterprise incentive programs and competitive strategies, application of science and technology, Enhancement of productivity, brand building and social responsibilities for improving the business sophistication and competiveness of enterprise community.

- Cooperate with regulatory authorities and enterprise associations in assistance in development and implementation of sustainable development, competitiveness improvement and international integration of Vietnamese enterprises.

- Cooperate with regulatory authorities in development and implementation of programs for improvement of Vietnamese enterprises’ operational capacity.

22. The Advisory Board of the Prime Minister’s administrative reform ( hereinafter referred to as “advisory board”) shall take charge of and cooperate with relevant regulatory authorities, Vietnam Chamber of Commerce and Industry, enterprise associations and occupational associations in establishment of criteria for assessment of administrative reform carried out by local regulatory authorities; conduct periodic assessment , surveys and researches on administrative reform carried out by local regulatory authorities, and submit reports and proposals to the Government and Prime Minister.

23. The Supreme People’s Court’s Judge Council shall issue documents guiding implementation of the Civil procedure code and 2014 Law on Bankruptcy and apply online procedures for receiving, transferring and announcing legal proceedings and solving bankruptcy to local courts./.

1 According to the 2015 – 2016 Global Competitiveness Report (released in September 2015 by the World Economic Forum), Vietnam’s competitiveness has achieved a considerable improvement compared to that in 2014, up 12 places to 56/140 from 69/140. Vietnam’s competitiveness ranking has continuously gone up since 2012 and attained the most remarkable improvement in 2015. However, Vietnam is still behind other South East Asia countries in most of pillars (indices). In the South East Asia, Vietnam has been ranked in 6^th position preceded by Singapore ( 2^nd position), Malaysia ( 18^th position), Thailand (32^nd position), Indonesia (37^th position) and Philippines (47^th position)

According to 2015 Doing Business Report released October 2015 by the World Bank, Vietnam’s business environment has been ranked 90 out of 189 countries, up to places from 93^rd position, increased by 1.75 percentage point. In 2015, Vietnam has made the greatest improvement compared to ASEAN-4 countries which leaded to a rise in business environment score and ranking ( in 4 out of 10 sectors). Singapore still attained the first place while Malaysia, Philippines and Thailand witnessed a drop in business environment ranking.

2 The survey on Enterprise Associates and Cooperative Alliances ( the tax and custom supervision program released by December 2015 carried out by Vietnam Fatherland Front, the Ministry of Finance, Vietnam Chamber of Commerce and Industry, Vietnam Cooperative Alliances and SME Association and Vietnam Young Entrepreneur Association ) A indicates that there are 03 highly-appreciated sectors namely " business establishment" (84%); "taxation"(75%) and "Customs "(68%).

3 According to the World Economic Forum, the “access to credit” index includes: The national credit rating, availability of financial services, ease of access to loan, soundness of bank, and innovation of credit information system.

4 Joint-Circular No.30/2005/TTLT/BTC-BTNMT dated April 18, 2005 on guideline for transfer of land users’ documents when performing land-related financial obligations is passed on the basis of the 2003 Law on Land and Decree No.181/2004/ND-CP dated October 29, 2004 which are replaced with 2013 Law on Land and Decree No.43/2014/ND-CP detailing a number of Articles of the Law on Land.

5 Specific difficulties such as regulations stipulating that the construction permit shall be issued in conformity with the detailed construction plan while the detailed construction plan has yet to be available in most of localities or regulations on urban architecture and planning are not completed; construction design shall be included in the application for the construction permit or the basic design and technical design shall be assessed by the Ministry of Construction of the Construction works management authority give a rise to lengthening of duration for issue of the construction permit and increase in costs incurred by enterprises.