Nghị quyết 19/NQ-CP

Resolution No. 19/NQ-CP dated March 12, 2015, on main tasks, measures for innovation of business environment, improve the national competitiveness in 2015 and 2016

Nội dung toàn văn Resolution No. 19/NQ-CP 201 business environment improve the national competitiveness 2015 2016


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 19/NQ-CP

Hanoi, March 12, 2015

 

RESOLUTION

ON MAIN TASKS, MEASURES FOR INNOVATION OF BUSINESS ENVIRONMENT, IMPROVE THE NATIONAL COMPETITIVENESS IN 2015 AND 2016

THE GOVERNMENT

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Resolution No. 10/2011/QH13 dated November 08, 2011 by National Assembly on plan for socio-economic development for the 2011-2015 period;

Pursuant to the Resolution No. 10/NQ-CP dated April 10, 2012 providing the Action Program of the Government for the implementation of socio-economic development strategy in 2011-2020 period and 5-year orientations and task of national development in the 2011-2015 period;

Pursuant to the Resolution No. 19/NQ-CP dated March 18, 2014 by the Government of main tasks, measures for the innovation of business environment, improve the national competitiveness;

On the basis of the discussion among the Government members and the Conclusion of the Prime Minister at the Government’s regular meeting in - February 2015,

RESOLVES:

I. ASSESSMENT OF THE SITUATION

In order to innovate the business environment and improve the national competitiveness, the Government promulgates the Resolution No. 19/NQ-CP dated March 18, 2014 requesting the Ministries, regulatory agencies and local governments to concentrate on developing effectively the 3 strategic breakthroughs concurrently with the restructuring of the economy, innovate the growth model; the 2014-2015 period, concentrate on the innovation of business environment, promote the innovation of administrative procedures, shorten the handling procedures, reduce the duration, reduce the administrative costs, ensure the transparency and improve the responsibility of the State administrative regulatory agencies.  Preside over the positive performance of synchronous measures, especially the innovation of administrative procedures pertaining to taxation, customs, social insurance, issuance of building permit, land, investment procedures, access to electricity, establishment, and dissolution, bankrupt... Strive for reaching the average rate of the ASEAN-6 in 2015.

Ministries, regulatory agencies, local governments have proactively adopted the Resolution; specify the targets according to the reform plan A lot of main tasks that were set up in the 2014-2015 period have been carried out effectively and got a positive result. Producing/trading environment was innovated, the competitiveness is upgraded.

A lot of legal documents and amendments were promulgated, the innovation was promoted, administrative procedures for taxation were simplified and difficulties of enterprises and citizens were reduced. Within 2014, the rate of enterprises declaring tax electronically rose from 65% up to 95%; the time spent on paying tax was reduced by 290 hours, from 573 hours per year to 247 hours per year. The Law on the amendments to the Laws on taxation had been approved and took effect on January 01, 2015. Thanks to the effect of such law, time spent on paying tax will be reduce by 80 more hours, from 247 hours per year to 167 hours per year (the average of the ASEAN-6 members is 121 hours per year).

Process and procedures has been reviewed and simplified, national single-window system was officially adapted to the international seaport. The time for customs clearance is expected to reduce at an average of 21 days to 14 days for export, 13 days for import, reduce of from 10% to 20% of expense and 30% of customs clearance time for the export and import.

Procedures for paying social insurance, establishment, dissolution of enterprise and the access to electricity have been reduced. Time spent on paying social insurance is reduced by 100 hours, from 335 hours per year to 235 hours per year. Time spent on administrative procedures for establishment, re-establishment, dissolution of enterprises is reduced by 50% in which time spent on business initiation procedures for a business is reduced from 34 days to 17 days. The time for enterprises to gain the access to electricity is reduced from 115 days to 70 days.

According to the Updating report on the business environment promulgated in October, 2014 by the World Bank (figures are up to June, 2014), the rank of Vietnamese business environment has been significantly improved. According to the global competitiveness report promulgated in September 2014 by the World Economic Forum (WEF), the competitiveness index of Vietnam is upgraded by 2 units, from 70 to 68 among 148 economies. The credit rating organizations have raised the credit rating of Vietnam (Moody's raised from B2 up to B1, Fitch raised from B+ to BB-; both of them considers Vietnam having a stable prospect).

However, a number of Ministries, regulatory agencies, local governments have failed to strictly adhere to the criteria, methods to innovate the business environment in conformity with international practice. A lot of tasks, measures have not been implemented on request, the impact of Resolution on the practical manufacture and life is not strong.

A number of commitments of Ministries, regulatory agencies, local governments on innovation of business environment are slowly spread to local units, enterprises. According to the international organizations, although there is innovation in business environment and competitiveness of our country, they are still lower than other countries in areas. The regulations, the structure of policies, administrative procedures, duty fulfillment are still somehow unsound, inconvenient, costly, and time-consuming towards enterprises and citizens. A number of Ministries, regulatory bodies, local governments have not sufficiently concerned, not counted the innovation of business environment and the improvement of competitiveness as the central and pressing mission. According to the evaluation of competitiveness by World Economic Forum (WEF), Singapore ranks 2nd, Malaysia ranks 20th, Thailand ranks 31st, Indonesia ranks 34th, Philippines ranks 52nd and Vietnam ranks 68th. According to the evaluation of business environment by the World Bank, Singapore ranks 1st, Malaysia ranks 18th, Thailand ranks 26th, Vietnam ranks 78th, Philippines ranks 95th, Indonesia ranks 114th.

The next 3-5-year period, when we had completed the negotiation process and adopted the Free Trade Agreement (FTA) agreement with the main partners and is on the completion of the adoption of economy commitment within the scope of WTO and plan on forming ASEAN Economic Community, plays a very important and key role for the international integration and the socio-economic development in our country. The improvement of business environment and the development of national competitiveness are the imperative in order to effectively take the advantage of the opportunities and benefits of the integration commitment.

To keep innovating the business environment, developing national competitiveness, in 2015-2016, the Government requests the Ministries, regulatory bodies and local governments focus on carrying out synchronously and effectively the following targets, takes, measures:

II. TARGETS AND MAHOR CRITERIA OF THE INNOVATION OF THE BUSINESS ENVIRONMENT AND THE DEVELOPMENT OF COMPETITIVENESS IN 2015-2016

1. General targets

Concentrate on developing effectively the 3 strategic breakthroughs concurrently with the restructuring of the economy, innovate the growth mode, quality, effectiveness and competitiveness, struggle to improve the points and rank of business competitiveness (according to the rank by the World Bank) and national competitiveness (according to the rank by World Economic Forum). Ensure that any types of markets, employees, stock, immovable property, science and technology is operated sufficiently, thoroughly and becomes a key element in mobilizing and arranging the resources for the development. Step up the application of information technology in sectors and fields as a new tool of development, to reform the management, production and service delivery processes and to enhance national competitiveness of products and enterprises.

2. Major criteria

In 2 years 2015-2016, concentrate on innovating business environment, speed up the innovation of administrative procedures, shorten the handling procedures, reduce the amount and simplifying the content of document, reduce the duration and expense of the implementation of administrative procedures. Ensure the transparency and the accountability of State administrative agencies. Comprehensively innovate the regulations on requirements for operation, line management of goods and the import, export in conformity with international practice, turn into post-examination

a) Strive for improving the criteria of business environment for reaching and exceeding the average of the ASEAN-6 countries by 2015:

- Reduce the time spent on paying tax to not exceed 121.5 hours per year, reduce time spent on paying social insurance to not exceed 49.5 hours per year; over 95% of enterprises declare tax electronically; at least 90% of enterprises pay tax electronically; establish and public database of drawback, ensure at least 90% drawbacks is conformable to the regulation.

- Keep strongly reducing the time spent on customs clearance of the export, import to equal to the one of the ASEAN-6 countries, ensure that Vietnamese customs satisfies the current criteria of customs; time for the import and export to across the border is up to 13 days for the export and 14 days for the import. Basically complete and operate effectively the national single-window customs system, establish a connection between the Ministry of Finance (the General Department of Customs) and the Ministries: the Ministry of Industry and Trade, the Ministry of Transport, the Ministry of Defense (the Border guard), the Ministry of Public Security (Immigration Administration), the Ministry of Agriculture and Rural Development, the Ministry of Health, the Ministry of Natural Resources and Environment, the Ministry of Information and Communications, the Ministry of Science and Technology...

- The duration of procedures for business initiation is 6 days at the longest.

- The duration of procedures for access to medium voltage electrical grid power does not exceed 36 days.

- The duration of procedures for enterprise bankrupt reduces from 60 months to 30 months at the longest.

b) In 2016, strive for improving the index of Vietnamese business environment for reaching at least reaching the average of the ASEAN-4 countries by a number of main criteria in conformity with international practice, particularly:

- Consolidate and maintain the achievement of business initiation, access to electricity, investor protection, customs, payment of taxation and compulsory insurance. Some particular criteria: business initiation is at top 60 countries; duration of procedures for access to medium voltage electrical grid power does not exceed 35 days; investor protection is at top 50 countries; time spent on taxation and compulsory insurance does not exceed 168 hours per year.

- Simplify the procedures and reduce the time spent on obtaining construction licenses according to the determination method of the World Bank to 77 days at the longest (including the time spent on getting opinions of the relevant agencies such as approval for branch point of electricity, water, environment, prevent and fight fire, air draft..)

- Simplify the procedures and reduce the time spent on obtaining the right to ownership, right to use to 14 days at the longest (in comparison with 57 days at present).

- Struggle to bring the index of access to credit to top 30 countries according to the rank of World Economic Forum by 2016.

- Reach the ASEAN-4 countries of taxation administrative reform of 3 new groups of criteria: Pre-drawback examination; risk management in taxation inspection and examination; duration and result of complaints handling.

- Specifically regulate the list of goods, services subject to quarantine, examination in accordance with criteria, quality before customs clearance in the direction of standard products, services, products quality satisfy the criteria and mode conformable with international commitment and practice.

Simplify the process, documents and procedures relating to import, export and customs. Raise the capacity of regulatory bodies and competent agencies in the quarantine, examination on standard and quality of products, services at the main checkpoint nationwide; create an effective coordination structure between Customs and the relevant regulatory bodies; reduce the time spent on export procedures to not exceeding 10 days and reduce the time spent on import procedures to not exceeding 12 days.

- Ministries, regulatory bodies within allocated functions and tasks cooperate with the Supreme People’s Court in the completion of legal document relating to commercial disputes and enterprise bankrupt in the direction of simplifying the procedures and reduce the time spent on handling commercial disputes to 200 days at the longest (in comparison with 400 days at present) and 24 months (in comparison with 60 months at present), especially the small-scope disputes and the dispute between the medium and small businesses thought the Court.

III. MAIN TASKS AND MEASURES

1. Ministries, agencies, local governments within allocated functions and tasks supervise the synchronous and effective execution of Programs, plans of the Government on the implementation of  the Resolutions of the Communist Party of Vietnam, the National Assembly, especially about the strategic breakthroughs, restructuring of the economy, innovate the growth model; concentrate on the following tasks, measures:

a) Improve the market economy institution for the comprehensiveness and modernity based on the market economy and wide and deep integration in the world economy. 

The formulation of strategies, plannings, plans and resource allocation for production and price management shall be according to market mechanisms. Diversify and improve the performance of markets. Continue to improve the legal framework, synchronize the solutions to develop and operate smoothly and effectively markets, especially the markets of goods, labor, finance, real estate, technological science; ensure fair and explicit competition.

Promote domestic market, develop synchronously and effectively the distributing system, encourage the production and consumption of domestic goods. Strengthen and improve the efficiency of trade promotion, expand and diversify foreign markets. Strongly develop the financial markets, debt trading, derivative financial instruments, property lease.... Facilitate sustainable development of real estate market, market of the right to use land, especially for agricultural land to encourage the accumulation and concentration of land. Develop the labor market, ensure the connection, transparency and facilitate the free movement of labor; intensify the management and improve the effectiveness of overseas employment. Promote the commercialization of scientific and technological products; enhance technology transfers, protect intellectual property.

Review, modify and complete the legal documents, policies and mechanisms, remove obstacles, difficulties and create a business investment environment that is favorable, equity and explicit for enterprises and citizens. The State protect the lawful right to ownership and the free trade right of citizens, enterprises according to laws; create a business investment environment that is safe and convenient; control effectively the monopoly. Let the state-owned enterprises operate under the market mechanism.

- Continue to improve security transaction institution and register security transactions under the direction of:

Improve the regulation on measures during the formation of the Civil Code (revised) in order to protect the lawful rights and interests of the parties who securing and being secured;

Punctually amend the regulations on registration of security transactions by security real estate in accordance with the provisions of the Law on Land;

Continue to review, modify, simplifying the administrative procedures relating to registrating, providing information of secured transactions;

Study, formulate the legislative documents on online registration for secured transactions by real estate.

- Formulate the guiding documents of the Law on Bankruptcy in the direction of ensuring that the bankruptcy is handled promptly and professionally; the property shall be handled explicitly.

b) The strategic breakthroughs shall be performed effectively to step up the restructuring of economy concurrently with the innovation of growth model, improve the productivity, quality, effectiveness and competitiveness of products, enterprises and the economy.

Speed up the restructuring of agriculture in the direction of structure of a large-scale goods-producing agriculture, intensify the application of scientific or technological progress, improve the quality, effectiveness and competitiveness, ensure the sustainable and secure development of national food and food safety.

Strongly develop the industries including science and technology, have national value, added value, have competitive advantage, participate in the global production network and the global value chain.

Concentrate on developing the service sectors that is advantage and requests high-level knowledge, technology and added value content such as finance, banking, insurance, information and communication, supporting service to trading, logistics, development of oil and gas, seaport, shipbuilding and repair, maritime transport, seafood development and processing, supporting services to fishery, sea travel... associated with firm defence of national sovereignty and improvement of life-conditions of people in coastal area.

Synchronize the restructuring measures, improve the effectiveness of state-owned enterprises according to market mechanism. Facilitate the strong development of private enterprises, provide motivation for improving the competitiveness of the economy. Improve the law system, policy mechanism so that private enterprises can equally approach the sources, especially in terms of capital, land and resources. Promote the socialization of ownership and operation, encourage the development of operation in the form of joint-stock company. Strongly improve medium and small businesses. Encourage the foundation of large enterprise, prestigious branch. Encourage enterprises to invest in development research, science and technology application, competitiveness improvement.

c) Promote the socialization of public service provision. Restructure public services, grant them autonomy and ensure their operation according to enterprise structure. Promptly promulgate legislative documents (Decree, Circular providing guidances) on total autonomy in terms of finance, professional knowledge, staff and operation system to the public service providers, especially in terms of education, healthcare, science and technology.

Promote the venture capital, pilot the equitization of public service providers; carry out the public service provider model that is managed by the community, public service providers operated in the form of public benefit enterprise; lease out the State facilities, assets for operating public services.

d) Concentrate on steering the intensification of administrative procedures restructuring and dignify the public service responsibilities of official and civil servant. Review, simplify, abrogate the unnecessary administrative procedures, reduce duration and fees, provide favorable conditions to the enterprises, citizens, especially administrative procedures relating to the indices), the rank of business environment and competitiveness according to the rank by the World Bank.

Continue to reduce the duration and expense for carrying out the administrative procedures of taxation, customs, social insurance, land, construction, investment procedures, electricity access, foundation, dissolution of enterprise, innovate technology, register quality standards of goods...ensure the transparency and accordance with the regulation on time as the central and regular task in the operation management.

Review, modify the information in the List of requirements for business investment for the business investment sectors satisfying the requirements and place it on the portal of National enterprise registration information system before July 01, 2015 according to the provisions in Clause 5 Article 7 of the Law on investment 2014.

Publish administrative procedures on the Internet and display them at head offices of the agencies where administrative procedures are directly processed. Assign and arrange competent and proficient officials to provide guidelines on preparation of documents, document reception and processing administrative procedures.

dd) Develop the plan on simplifying key administrative procedures in 2015 according to the Decision No. 08/QĐ-TTg dated January 06, 2015 by the Prime Minister, ensure to reduce at least 25% expense of the implementation of relevant regulations, administrative procedures. Review, standardize the administrative procedures within the management function, competence to handle of Ministries, regulatory bodies and local governments, ensure that 100% of administrative procedures are standardized, punctually publish on the national database about administrative procedures and display consistently at the office where the administrative procedures are received and handled.

e) Build up and develop of the communicative system for receiving, processing the reflections, petitions on administrative regulation and the situation, result of administrative procedures process at the levels of government under the management according to the guidances of the Department of Justice, reinforce the effect of administrative disciplines and rules, enable the citizens to recognize the situation and result of administrative procedure process of the State administrative agencies.

g) Speed up the innovation, the intensification of applying information technology in State management, especially in the administrative procedure process, provide online public services to vital fields, relating to citizens and enterprises.  Develop step by step the national database system, primarily focused on the national database on citizens, land, enterprises... Review, modify and amend the incentive policy on taxation to encourage strongly and attract investors to promote the development and application of information technology in Vietnam.

h) Adopt synchronously and effectively the single-window system, connected single-window system and apply TCVN ISO 9001- the quality control system in the activities of agencies, organization in the administrative system.

i) Enhance the quality of officials, civil servant staff, promote the fight against corruption and waste. Raise the serving spirit and manner to people; reinforce the effect of administrative disciplines and rules, the cooperation, inspection, examination in perform administrative procedures and the transparency of activities of agencies, organizations and units all levels of government; determine and strictly handle the officials and civil servants who commit acts of harassment, hinder organizations and individuals when being on duty.

Strictly implement the Instruction No. 35-CT/TW dated May 26, 2014 by the Politburo, the Resolution 39/2012/QH13 dated November 23, 2012 by the National Assembly and the guidance by the Government on reception of citizens, handle complaints, denunciation according to the provisions of the Law on Complaints, the Law on Denunciation, the Law on Reception of citizens, the Instruction No. 33-CT/TW dated January 03, 2014 by the Politburo on the intensification of the leading role of Communist Party of Vietnam towards the enumeration and enumeration control, the regulations on transparency of the Law on anti-corruption.

k) Punctually discover and inspect, handle strictly and satisfactorily the complaints (applied to the violations of competition), contribute to formulating competitive environment that is sound and equal.

2. The Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Justice and the relevant Ministries, agencies according to allocated functions and tasks shall:

- Actively draw up legislative documents, documents providing guidances on the laws in the allocated fields, ensure the conformity of progress and quality.

- Continue to speed up the completion of socialist-oriented market economy institution according to the conclusion No. 103-KL/TW dated September 29, 2014 by the Politburo; ensure to implement sufficiently the rule of market economy, especially in allocation of resources, fair and explicit competition and operate effectively the multiple kinds of markets.

- Concentrate on completing the institution relating to the ownership and use of property, intellectual property, reduce the unofficial expenses, reduce the administrative procedures burden, ensure the transparency in formulation of policy, audit and the standard of reporting, protecting the minor shareholder, protecting the investor.

3. The Ministry of Finance, the Ministry of Industry and Trade, the Ministry of Science and Technology, the Ministry of Agriculture and Rural Development, the Ministry of Transport, the Ministry of Public Security, the Ministry of Health, the Ministry of Information and Communications, the Ministry of Natural Resources and Environment, the Ministry of Construction and relevant Ministries, agencies according to allocated functions and tasks shall:

- Review, evaluate the regulations on management of the export and import that are subjects of line management (issue licenses to export, import, quarantine licenses, examine criteria and quality of import-export services). Modify the Consistent list of the imports and exports and the regulations on criteria, methods for quarantine, quality inspection. Invest equipment and human resources corresponding to the management duty; mobilize the socialization of resources to comply with the regulations and conform to international practice. Publicize the standard, units performing the examination, time and expense for particular article.

- Provide guidances on the examination recognition and certification of the countries, regions having high technical standards and of manufacturers having internationally famous products. 

4. The Ministry of Planning and Investment shall preside and cooperate with the Ministries, agencies according to allocated functions and tasks to:

- Promptly draw up and propose the Decree providing guidances on the implementation of the Law on Enterprise, the Law on investment; steer and provide guidance on implementing correctly and sufficiently the provisions of laws, especially the law on business initiation and investor security.

- Publicize sufficiently the regulations on requirements for operation on the portal of National enterprises; review, evaluate and suggest annulling the unnecessary operation requirements.

- Cooperate with the Ministry of Labor, War Invalids and Social Affairs, Social insurance to build up the connection structure sharing information about enterprise, enable enterprises to carry out the labor registration, social insurance according to the provisions in laws.

- Carry out the use of single business number and use of digital signatures in all business relations between enterprises and state management agencies (Planning and Investment, Tax, Customs, social Security, Natural Resources and Environment, Construction...) and in the operation of the business.

- Research and propose solutions to simplify and reduce the processing time of the bankruptcy procedures to a maximum of 30 months in 2015 and to a maximum of 24 months in 2016.

5. The Ministry of Finance presides, cooperates with relevant Ministries, agencies according to functions and tasks to:

- Continue to preside, provide guidance on correct and sufficient implementation of the tax payment; promote the results achieved in 2014 on administrative reform in the field of taxation and customs. Improved processes, records, tax payment procedures, shortening the duration of income tax return procedures and taxes payment (including value added tax, income tax) to less than 119 hours.

- Issued risk management regime for enterprises subject to inspection and examination of tax (before June 30, 2015); construct and publicize databases on tax refund, ensure that at least 90% tax refund complying with the stipulated time and on resolution of the complaints of taxpayers, ensure that at least 90% of records of complaints of taxpayers are resolved in time prescribed in laws; issue regulations and guidance on the consultant (with the representative of relevant regulatory bodies, representative of enterprises associations and line association) to give advice to the tax authority who performs conclusions of the inspection, examination, resolution of complaints from taxpayers in accordance with the laws.

- Cooperate with the Ministry of Planning and Investment to build a system providing automatically tax code for enterprises, reduce the establishment of new enterprises to 03 days according to the provisions in laws.

- Review and adopt amendments to Circular No. 131/2010/TT-BTC providing guidance on the implementation of the Regulation on capital contribution and share purchase of foreign investors in Vietnam enterprises, annul the regulation on Criminal record for foreign investors who contribute capital and purchase shares in Vietnamese enterprises.

- Steer the promotion of performance of administrative reforms implemented in the field of customs; guiding and directing the implementation of the Law on Customs 2014; manage, operate effectively electronic customs systems (VNACCS/VCIS); continue risk management methods based on classification of enterprises, customs declarants.

- To cooperate with line management Ministries, agencies and units on a consistent communication system and application of information technology in the management of goods and services for exports and imports, ensure the information connectivity between line management Ministries, agencies, units and the General Department of Customs and national single-window portal.

- Research and promulgate regulations on application of risk management in tax administration for enterprises. Develop and complete the legal framework for the operation of the organizations of tax agent. Develop evaluation mechanisms of civil society organizations and taxpayers in terms of policy and tax administration procedures, assessment of management quality of tax authorities and tax officials.

- Research and request the Government to promulgate the regulations on on-site inspection according to non-overlapping principle among the State management agencies in terms of inspection and investigation; allow the use of the results of inspection, examination of the competent agencies in the tax administration and tax refund.

- Review the provisions of the Law on Tax administration, the process of inspection, complaint resolution and refund of value added tax, ensure clarity, transparency, reduce administrative procedures for taxpayers, enhance the effectiveness and efficiency of the legal provisions relating to such activities.

- Apply information technology to at least 95% of the submission of declaration, tax payment or tax refund.

- Examine, modify and amend the incentive policy on taxation for software enterprises, software products/services, business transactions of information technology to encourage strongly and attract investors to promote the development and application of information technology in Vietnam.

6. Social Insurance of Vietnam shall direct, cooperate with relevant Ministries, regulatory agencies and local governments in reviewing and simplifying records and procedures for declaration of incomings and outgoings of social insurance, medical insurance; reduce the time spent on the procedures for paying compulsory insurance for enterprise to 49 hours. Supporting software for documents declaration of social insurance, medical insurance shall be applied in 63 provinces. There shall be researches, proposals and application of digital signatures in online declaration and payment of social insurance, medical insurance. Project on information technology shall be submitted to the Prime Minister for approval. Software and technical infrastructure for networking between social insurance offices of 63 provinces shall be built up to create a concentrated database of social insurance nationwide so as to perform electronic transactions for the procedure declaration, collection and settle the policy on social insurance medical insurance.

7. The Ministry of Industry and Trade shall direct and cooperate with the relevant Ministries, regulatory bodies according to functions, tasks and powers to:

- Review, develop guiding documents for the implementation of Decree No. 187/2013/NĐ-CP of goods mentioned in the line management Index of the Ministries, regulatory bodies in the direction of administrative reform, simplification of procedures, creates favorable conditions for enterprises that performing import, export.

- Adopt the amendments to the Decree No. 108/2008/NĐ-CP the Decree No. 26/2011/NĐ-Government and the Circular No. 40/2011/TT-BCT on declaration procedures in the direction of: Increasing the declaration and confirmation of declaration of chemical imported by a electronic method; any modification in the Chemical Index shall be declared; supplementing cases of exemption for declaration.

- Continue to simplify the procedures for issuance of certificate of origin (C/O); declare C/O online and connect to the national single-window portal.

- Provide amendments to Circular No. 32/2009/TT-BCT on testing of Formaldehyde content on textile and garment products that exempt production materials, intermediary products, small promotional products, familiar products that was imported and inspected for several times, productions imported from areas with higher technical standard or well-known brands, products that have been issued with confirmations, certifications (of agencies and competent organizations of the exporter or prestige manufacturer) of high quality from testing. Register and notify the examination results through electronic communication networks.

- Adopt the amendments to the Decision No. 11039/2014/QĐ-BCT in the direction of: Annulling the previous documents of the Ministry of Industry and Trade on the list of goods subject to quality control, technical regulations, food safety; detailing rules for the items according to the list of exports and imports of Vietnam; specifying the form of management, agency appointment, verifying, certifying and inspecting organization of items mentioned in the list.

- Continue to direct and guide the relevant agencies to fully implement the provisions of the Circular No. 33/2014/TT-BCT to reduce the time for access to electricity for enterprises to 35 days.

8. Ministry of Agriculture and Rural Development shall direct, cooperate with the relevant Ministries and agencies, according to functions, tasks and powers, direct the settlement of difficulties arisen in the implementation of Circular No. 48/2013/TT-BNNPTNT on inspection and issuance of food safety and exporting fisheries, including the content that marine raw materials imported for processing the exported goods to the European market (EU) must be harvested and transported by EU Code fishing vessels. Simplify the procedures and reduce the duration of quarantine of animals and animal products; simplify procedures and reduce the duration of inspection of the Certificates of harvested fisheries.

9. The Ministry of Science and Technology shall preside and cooperate with the relevant Ministries, regulatory bodies according to functions, tasks and powers to:

- Implement the Law on Product and goods quality in the direction of simplifying administrative procedures, applying online public services in accordance with the single-window system customs; reduce the duplication of requirements of product quality management and examination. Provide amendments to the Decree No. 89/2006/NĐ-CP on the labeling goods, supplementing guidance on the recognition of the conformity of the high technical standard countries with well-known brands.

- Formulate and develop the national system of initiatives innovation, centers of initiatives innovation and technology incubators to promote the innovative capacity of individuals, enterprises and organizations. Construct the National Productivity Institute to satisfy the development requirements of country.

- Promote the researching, transferring among the universities. Encourage and facilitate enterprises of all economic sectors to conduct researches on the development and apply science and technology in business. Strongly develop the venture capital fund for science and technology invested in the enterprises.

- Reinforce the protection of intellectual property rights; review and provide amendments to the regulations on intellectual property in order to adjust the issues arisen, ensure a healthy and open competitive environment for investors. Encourage overseas Vietnamese scientists and foreigners engaged in scientific and technological activities in Vietnam.

10. The Ministry of Natural Resources and Environment shall direct and cooperate with relevant Ministries, regulatory bodies according to functions, tasks and powers to:

- Research to cancel the request for confirmation of environmental protection plan of the investors in connection of electricity works to the medium-voltage grid  or above.

- Operate the foundation System for sharing general information about the real estate under the direction of the Prime Minister in Decision No. 2014/QĐ-TTg dated December 29, 2012 approving "The Master Plan for development of notarial organizations by 2020" and the Decision No. 1975/QĐ-TTg dated October 30, 2013 approving the project on " Building up national database of land";

- Cooperate with the Ministry of Construction in issuing Joint circular providing regulations on legal papers on land for issuance of license for construction. When Joint circular is not issued, land in project area that has been allocated by regulatory agencies or land that is lawfully used in accordance with the planning may be consider issuing with license for construction; land area that is not building ground but cannot be transformed (such as land for building billboards, stations, suburban broadcasting columns...) , license for construction will be issued based on the written approval of People’s Committees of districts.

11. The Ministry of Justice shall direct and cooperate with the relevant Ministries, regulatory agencies, local governments and competent agencies of National Assembly according to functions, tasks and powers to:

- Review the documents relating to the registration of secured transactions to gather regulations on security transactions for a legislative document. Detail the regulations on registration of collateral for the future assets and rights of the parties to this type of asset. Build a law system of regulations on registration of consistent security transactions, enable the registration for the collateral or pledge, movable or immovable property. Apply the principle of registration of notification in conformity with international practice for the registration and provision of information about secured transactions.

- Formulate, issue within competence the connected system in the implementation of administrative procedures for notary activities and registration of the right to use land, assets attached to land and relating taxes, fees and charges.

- Review and simplify procedures and reduce the duration for settling commercial disputes, especially the small-scale disputes, disputes between small and medium enterprises, through the Court to 200 days at the longest.

- Acquire comments, complete the Civil Code (revised) in the direction of protecting and promoting the development of socialist-oriented market economy; contribute in completing the Law on Promulgation of legal documents, build up the Law on Access to Information to ensure the progress and quality.

- Strictly carry out the evaluation of the impact of administrative procedures and strictly inspect such administrative procedures in the project, draft legislative documents, ensure to stipulate only the administrative procedures that are really necessary, reasonable and involve low compliance costs; announce publicly and promptly administrative procedures that are new or have just been amended; actively review and remove promptly the administrative procedures that are no longer appropriate, hinder producing and trading activities and daily life of people; ensure that organizations implement the regulations on administrative procedures seriously, promptly and transparently.

- Build up and request the Prime Minister to approve the plans on formulation of communicative system for receiving, processing the reflections, petitioning against administrative regulation and the situation, result of administrative procedures process at the levels of government; request the Government to promulgate Decree on management, operation and development of such system.

12. The Ministry of Home Affairs shall direct, cooperate with Ministries, regulatory bodies and local governments in executing effectively the General program of administrative reform in 2011-2020 period. Determine the administrative reform index in 2014 of Ministries, ministerial-level agencies and People’s Committees of provinces.  Determine and publicize the administrative satisfying index in 2015. Concentrate on carrying out affectively the project on innovation of regime for public duties, civil servant according to the Decision No. 1557/QĐ-TTg dated October 18, 2012 by the Prime Minister. Speed up the implementation of single-window system at local administrative agencies. Reinforce the inspection, examination, strictly resolve the acts of harassment, hinder citizens, enterprises in administrative procedures process.

13. The Ministry of Transport shall direct, cooperate with Ministries, regulatory agencies, local governments according to functions, tasks and powers, implement effectively the Circular No. 54/2014/TT-BGTVT and the Circular No. 55/2014/TT-BGTVT in the direction of simplifying administrative procedures, apply online public service corresponding to single-window customs system. Carry out suitable solutions to manage the collection o additional fee of shipping companies, prevent these companies form imposing fees arbitrarily. Cooperate with the Ministry of Finance in considering providing amendments to relevant legislative documents, ensure the transparency in charge and additional charge. Preside over the resolution of difficulties arised in the implementation of the Decree No. 54/2014/TT-BGTVT on inspection of technical safety quality and environment protection in motor vehicle manufacture and assembly.

14. The Ministry of Construction shall direct, cooperate with Ministries, relevant agencies, People’s Committees of provinces according to functions, tasks actively take measures to review, reduce the number of documents, simplify the procedures and contents of applications, reduce the duration of application procedures for construction permit to not exceeding 30 days according to the regulations. Continue the regulations of not to inspect the detailed design of medium voltage electrical grid power works and carry out the on-receipt inspection before applying. Speed up the application of information technology in procedures for issuance of construction permit.

15. The Ministry of Education and Training shall direct, cooperate with Ministries, relevant agencies and local governments in improvement of the procedures, requirements for foundation, operation of education and training institutions; encourage and enable top international universities to establish training institutions in Vietnam, especially the non-profit institutions; within competence or by requesting a competent agencies, cancel the unreasonable and unnecessary procedures and requirements; provide amendments and simplify, reduce the expense of the implementation  of the remained procedures, requirements in the direction of encouraging and facilitating the private entities and social organizations participating in education and training service provision. Increase the autonomy of education and training institutions in terms of enrolment, finance, training programs and examinations; facilitate education and training service supplies under the market-based mechanism with strict control of quality and outcomes

16. The Ministry of Labor, War Invalids and Social Affairs shall take prime responsibility and cooperate with relevant Ministries, agencies and local governments to:

- Review, evaluate and take necessary measures to facilitate employment and recruitment practices, ensure the consistency and flexibility of the labor market.

- Monitor the implementation of the Law on Education; review and improve procedures and requirements for establishment and operation of non- public vocational training institutions; within competence or by requesting a competent agencies, cancel the unreasonable and unnecessary procedures and requirements; provide amendments and simplify, reduce the expense of the implementation of the remained procedures, requirements in the direction of encouraging and facilitating the private entities and social organizations participating in vocational training activities.

- Strictly supervise planning-based development activities, issue appropriate mechanisms and policies to encourage and improve the quality of training and vocational training activities. Increase autonomy of non-public vocational training facilities to make their own decision on enrolment, financial issues, training programs and service products, facilitate education and training service supplies under the market-based mechanism.

- Review, provide amendments to regulations and procedures for issuance of permit for foreign labour to work in Vietnam, ensure the advantages for investors and management of foreign labour in Vietnam.

17. The Ministry of Health shall take prime responsibility, cooperate with relevant Ministries, agencies, local governments in providing within allocated function, tasks and powers amendments to the Circular No. 19/2012/TT-BYT providing guidance on the Declaration of conformity and declaration of compliance to food safety regulations if only size and wrapping materials are modified; amendments to the Decision No. 23/2007/QĐ-BYT in the direction of specified the time for taking samples and sending results in process of quality inspection of imported food serving manufacture.

18. The Ministry of Information and Communications shall direct, cooperate with relevant Ministries, regulatory agencies, local governments in implementing within allocated functions, tasks and powers the Circular No. 18/2014/TT-BTTTT in the direction of simplifying administrative procedures, reducing line examination for the issuance of permit for the import of radio transmitter devices, radio transmitter-receiver devices Cooperate with the Ministry of Finance, the Ministry of Planning and Investment in providing guidances on the implementation of the Decision No. 80/2014/QĐ-TTg dated December 30, 2014.

19. The Ministry of Culture, Sports and Tourism shall direct, cooperate with Ministries, regulatory agencies, local governments in intensifying the management of post-examination for investment project in the fields of culture, sports and tourism; management of import and export of cultural products/services.

20. The Ministry of Public Security shall cooperate with Ministries, agencies, local governments according to functions, tasks imposing strict penalties for the violations pertaining to the tasks, solutions for innovation of business investment environment, improve the competitiveness.

21. The Ministry of Foreign Affairs shall direct, cooperate with the Ministry of Industry and Trade and relevant Ministries, regulatory bodies in speeding up the political and foreign affairs mobilization to impulse the partners to recognize the market-based economy regulations of Vietnam, facilitate our manufacturing activities and secure the benefits of Vietnamese enterprises in international commercial disputes. Research and propose solutions to facilitating the issuance of visa, entrance of foreign investors, traders and tourists to Vietnam.

22. The Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Citizens of the People’s Committees of provinces according to functions and tasks, shall:

- Prompt draw up, approve detailed construction planning on the scale of 1/500 (applied to new development projects) Construction planning manager agencies shall not impose requirements for architectural project agreement, general layout project of construction works located in the area having detailed construction planning approved.

With regard to new areas with overall zoning or detailed zoning, project owners may actively draw up detailed construction planning on the scale of 1/500 and request it directly to the Department of Construction (except for the Department of Construction of districts) to approve as the basis for issuance of the construction license.

With regard to stabilized urban areas, if there are not any detailed plans, Regulations on planning – architecture shall be promptly promulgated as the basis for issuance of the license for construction. With regard to areas without Regulations on planning – architecture, licensing agencies shall decide the issuance of license for construction on the basis of planning on * or detailed planning on the scale of 1/500 formulated by project owners.

In the second quarter of 2015, People’s Committees of provinces shall promulgate the regulation on cooperation under single-window system in the process for license for construction according to the provisions of the Law on Construction 2014.

- Direct the licensing agencies to build up and develop the system and increase proficiency of officials, civil servants carrying out the issuance of license for construction. Direct water supply companies to promulgate a consistent system of water supply connection for individuals and organizations; publicize maps of current conditions of water distributing system; simplify procedures and duration of water supply connection.

- Actively take necessary measures to reduce the duration of registration of right to ownership and right to use. Develop the model of integrated procedures for notarization, registration of land use rights, and assets attached to land and taxation.

Direct the agencies handling the procedures relating to assets registration including Services of Justice, Notary Public Chambers, the Service of Natural Resources and Environment and Land Registration Agencies shall display the relevant administrative procedures (including requirements, documents, procedures, duration, fees) on home Website

- Examine, direct the Service of Industry and Trade to publicize procedures, certifying time in accordance with planning, amendments to planning; examine, direct Services of Construction or Services of Architecture, Services of Transport to publicize the procedures and time of negotiation of location of electrical stations, electrical poles and electrical grid; examine, direct  People’s Committees of districts to publicize the procedures and duration for issuance of permit to reconstruct roads and pavements, approve the environmental impact assessment reports.

23. Vietnam Chamber of Commerce and Industry, enterprise associations, business association shall:

- Conduct independent surveys and researches to evaluate periodically the quality of administrative procedures process, offer advise to the Government. Cooperate with the Ministry of Home Affairs, the Ministry of Justice in designing criteria to evaluate the innovation of administrative procedures of Ministries, regulation agencies, local governments, periodically submit reports thereon to the Prime Minister and make them public to the business community and people.  Research the credit rating of Ministries, regulatory agencies and local governments by the enterprises community.

- Proactively and closely coordinate with investors’ community to understand their problems as well as difficulties and shortcomings during the implementation of the administrative procedures and report them to the competent agency for prompt interference.

- Cooperate with Ministries, regulatory agencies and enterprises associations in conducting programs to assist enterprises in developing effectively competitiveness strategy, applying scientific and technological advances, increasing productivity, promoting brand development and performing social obligations in order to gradually improve business capacity and competitiveness, contribute to the improvement of the national competitiveness.

- Cooperate with Ministries, regulatory agencies, enterprises association in assisting enterprises to design and develop the sustainable development program, increase the competitiveness and intensify the international integration of Vietnamese enterprises.

- Cooperate with Ministries, regulatory bodies to design and develop the program for the improvement of capacity of Vietnamese enterprises association.

- Collect comments from enterprises on the policies promulgated by Ministries, regulatory bodies and local government, display them on means of mass media, report them to the National Council for Sustainable Development and Competitiveness Improvement and the Office of Government for final report to the Government.

24. Advisory Council for administrative procedures innovation presided over by the Prime Minister shall cooperate with Vietnam Chamber of Commerce and Industry, enterprises association, business association in conducting surveys, researches, periodical evaluation of the administrative procedures innovation process of Ministries, regulatory bodies and local governments and offer advise to the Government.

IV. ORGANIZATION OF IMPLEMENTATION

1. The Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Citizens of the People’s Committees of provinces according to functions and tasks, shall:

- Research carefully the methods for calculation and meaning of the criteria provided in the Resolution in conformity with international practice. Concentrate on steering thoroughly, managing strictly, flexibly and effectively the tasks, solutions specified in this Resolution and the relevant Resolutions by the Communist Party of Vietnam and the National Assembly; be responsible before the Government, the Prime Minister for the implementation of the Resolution in allocated fields.

Before April 30, 2015, issued an action plan to improve the business environment, improve the competitiveness of individual ministries, agencies and localities; which clearly define the objectives, tasks, progress made, the host institution and expects the steps taken to improve the functional domains, tasks assigned, detailed plans issued, amending the current legislation, the expected results to be achieved in the timeline and clear analysis of the consequences arise.

Regularly inspect and supervise the progress and results of programs and action plans to improve the business environment, improve the competitiveness of ministries, agencies and localities; with appropriate solutions, timely and flexible to new problems arise; recommendations and proposed solutions to direct and consistent operating efficiency.

- A review of interdisciplinary criteria, defined tasks and specific objectives of the Ministry, its agencies, and better coordination with other ministries, agencies and localities related to the effective implementation of the items objectives and tasks set out in the Resolution; clearly defining the functions, tasks, responsibilities and authority of each of the agencies and individuals in the implementation.

- Quarterly, integrated reporting, evaluating the implementation and results of the implementation of this Resolution to the Ministry of Planning and Investment and the Government Office for the synthesis report to the Prime Minister.

Synthesis report on the implementation and results of the annual resolutions, to the Ministry of Planning and Investment and the Government Office for integration and building assessment report on the competitiveness of Vietnam, Government report on the Government's regular meeting in December.

2. The Ministry of Information and Communications Directing the mass media enhanced information, communication and advocacy for the business community and the people understand, respond positively and implement resolutions. Speed up the dissemination of administrative reform, creating consensus in society and boosted the reform of administrative procedures in the ministries, branches and localities. The Governmental Electronic information portal shall create a forum to receive the critical opinions of policies form enterprises and citizens.

3. Vietnamese Fatherland Front and sociopolitical organizations shall cooperate with Ministries, regulatory agencies, local governments in supervising the implementation of this Resolution according to the provisions of the Constitution 2013 and the Decision of Politburo on supervisory and social debate of Vietnamese Fatherland Front and socio-political organizations.

4. The Office of the Government shall cooperate with the Ministry of Planning and Investment, Ministries, regulatory agencies, local governments in examining, supervising, collecting the implementation situation of the Resolution and report it to Chairman of the National Council for Sustainable Development and Competitiveness Improvement for submission to the Government in regular meetings that is held in the last month of each quarter.  The results of the implementation of the Resolution will be the basis for evaluating the performance of each Ministry, agency and local government at the Government’s regular meeting held in every December.

 

 

 

ON BEHAFT OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

 


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