Decision No. 03/2005/NQ-CP of the Government's regular monthly meeting in February 2005

RESOLUTION
Regarding the regular meeting of the Government in February 2005

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On March 2 and 3, 2005, the Government convened its regular monthly meeting in February to discuss and adopt the following issues:
1. The Government heard the Minister of Trade present the draft report to the Standing Committee of the National Assembly on the Program for Building Legal Instruments to Serve Negotiations for Joining the World Trade Organization (WTO).
The Program for Building Legal Instruments in 2005 was approved by the National Assembly in Resolution No. 35/2004/QH11 dated November 25, 2004, but compared with the practical progress of negotiations for joining the WTO, the Government recognizes that some contents need to be submitted to the National Assembly for permission to adjust in order to accelerate the process.
A detailed and highly feasible program for building legal instruments is a demonstration of the determination to join the WTO. The Government assigns the Ministry of Trade to take the lead, coordinate with the Ministry of Justice, the Office of the Government, and related agencies to incorporate opinions from the meeting, complete the report; the Minister of Trade shall submit it to the Standing Committee of the National Assembly under the authority delegated by the Prime Minister.
Adjusting the legal system to comply with WTO regulations is a difficult task requiring significant intellectual and labor investment, and demands active participation from various levels and sectors. The Government requests relevant ministries and sectors to select priority areas for adjustment, implement resolute measures, adopt appropriate solutions, ensure the schedule and quality of legal documents.
2. The Government heard the Minister of Home Affairs present the draft Decree on the organization and operation of State Inspection.
In recent years, the State has issued many normative legal documents clearly defining the rights, obligations, ethics, and work style of state officials, civil servants, and public employees. In the process of administrative reform, the Government and the Prime Minister have adopted many policies and measures to organize state inspections to monitor, inspect, and strictly handle officials and civil servants who violate regulations, thus creating positive changes in the majority of officials and civil servants regarding their awareness of discipline and administrative rules while performing their duties. However, there is still a significant portion of officials and civil servants showing signs of harassment, abuse of power, and personal gain at the expense of state interests, which undermines public and business confidence in state agencies.
To enhance responsibility and prevent violations by officials and civil servants during the performance of their duties, it is necessary to implement comprehensive measures, with particular emphasis on measures concerning state inspection activities. State inspection is an important tool for implementing supervisory, educational, and management functions over officials and civil servants, ensuring that the state apparatus operates with strict discipline, integrity, effectiveness, and efficiency.
The Ministry of Home Affairs is assigned to take the lead, coordinate with the Office of the Government and related agencies to incorporate opinions from the meeting; seek comments from members of the Government to finalize the draft Decree and submit it to the Prime Minister for consideration and issuance.
3. The Government heard the Minister of Science and Technology present the Intellectual Property Law project; and heard the Minister and Head of the Office of the Government report on the consolidated opinions of Government members on this draft law.
From 1995 to now, the State has issued many laws, ordinances, and decrees guiding the implementation of intellectual property rights stipulated in the Civil Code. These normative legal documents have gradually aligned with international standards, providing a legal basis for competent authorities to intensify and improve the effectiveness of intellectual property protection laws, contributing to the increasingly systematic nature of intellectual property protection activities in the country. However, the system of provisions on intellectual property protection remains scattered across many documents, mostly below-law level documents with low enforcement effectiveness; many contents are missing or unclear, causing difficulties in application and handling of violations. The situation of infringing intellectual property rights continues to occur, adversely affecting domestic production, exports, imports, and the country's reputation internationally.
The issuance of the Intellectual Property Law aims to create a complete, unified, coherent, clear, transparent, and internationally compatible specialized legal framework, addressing the aforementioned issues; meeting the requirements for establishing, protecting, and enforcing intellectual property rights; making a significant contribution to the process of industrialization, modernization, and economic integration at the international level.
The Ministry of Science and Technology is assigned to take the lead, coordinate with the Ministry of Justice, the Office of the Government, and related agencies to incorporate opinions from the meeting, complete the Intellectual Property Law project, ensuring consistency without overlapping with the Civil Code, Competition Law, and other laws; the Minister of Science and Technology shall submit it to the Standing Committee of the National Assembly under the authority delegated by the Prime Minister.
4. The Government heard the Minister of Construction present the Housing Law project; and heard the Minister and Head of the Office of the Government report on the consolidated opinions of Government members on this draft law.
In recent years, the State has issued many regulatory legal documents, creating a legal framework for lawful ownership rights, inheritance rights; housing rights and inviolability of housing; benefits of tenants and landlords; responsibilities of local authorities, agencies, and organizations in developing the housing fund to meet people's housing needs. Thanks to this, housing conditions have improved significantly over the past years. The number of investment projects for building houses for rent and sale by various economic sectors has increased. Policies on buying, selling, transferring, and construction permit procedures have become more transparent, facilitating basic improvements in people's housing conditions, bringing about significant changes in the appearance of urban and rural areas, contributing positively to economic growth, and promoting the country's industrialization. The State's preferential policies on housing, the movement to build "houses of compassion," "houses of righteousness," and "eliminating temporary houses" by social organizations and the people have made important contributions to solving housing difficulties for policy beneficiaries, poor households, ethnic minority households in mountainous areas, remote regions.
However, the system of regulatory legal documents on housing is still not synchronized; many provisions overlap and contradict each other. The rights, obligations, and responsibilities of state agencies and citizens in managing and developing housing are unclear; the housing fund remains low compared to demand. Speculation has created sudden price surges for houses and land, making it difficult to control. Unauthorized land encroachment, illegal construction, and violations of construction regulations have become widespread, causing disorder in construction and negatively impacting the urban environment and landscape.
The purpose of drafting the Law on Housing is to institutionalize major policies and guidelines of the Party and the State regarding housing issues, mobilizing domestic and foreign economic sectors to rapidly develop the housing fund, diversifying housing solutions, ensuring that subjects fulfill their rights and obligations in housing activities and development according to the law, contributing to a healthy real estate market, enhancing the effectiveness of state management of housing, and ensuring international integration. The Ministry of Construction is assigned to lead, coordinate with the Ministry of Justice, the Government Office, and related agencies to incorporate opinions from the meeting and continue to perfect the draft Law on Housing, submitting it to the Prime Minister for consideration.
5. The Government listens to the General Inspector of the Government presenting the draft Law on Preventing and Combating Corruption; and the Minister, Head of the Government Office reporting on the summary of opinions from Government members regarding this draft law.
The Anti-Corruption Ordinance of 1998 and the Ordinance amending and supplementing certain articles of the Anti-Corruption Ordinance of 2000 have provided an important legal basis for anti-corruption work, preventing corruption, and promoting the role of political organizations, social organizations, media agencies, and encouraging the public to actively participate in combating corruption. Many large-scale and sophisticated cases of corruption have been detected and dealt with. A considerable portion of assets embezzled through corruption has been recovered and returned to the State and the people.
However, the Anti-Corruption Ordinance is now revealing many shortcomings and does not cover all necessary areas. Responsibilities among agencies in preventing and combating corruption are unclear, lacking coordination mechanisms. Detecting and dealing with acts of corruption remain challenging and have low effectiveness.
To address these shortcomings, the Law on Preventing and Combating Corruption must be drafted based on summarizing and learning from anti-corruption work in the country since the implementation of the Anti-Corruption Ordinance. The Law must clearly define its scope of regulation, ensure high feasibility, be consistent with other legal documents, and be suitable for the current practical situation of the country. Measures to prevent the abuse of power and position for personal gain, infringing upon the interests of the State, collectives, and individuals must be clearly and specifically defined, in accordance with the Constitution and organizational principles of the State apparatus and administrative reform; contributing to strengthening national discipline and making the State apparatus clean and strong. Prevention should be the main focus in combating corruption, therefore, it is necessary to clearly identify matters that need transparency, especially in areas such as: budget and asset management of the State, land management and use, basic construction investment, bidding, revenue and expenditure of state-owned enterprises, management and use of aid; while also paying attention to improving the effectiveness of detecting and dealing with corruption.
The Government Inspectorate is assigned to lead, coordinate with the Ministry of Justice, the Government Office, the Prime Minister's Research Board, and related agencies to incorporate opinions from the meeting, study further, and continue to perfect the draft Law on Preventing and Combating Corruption, submitting it to the Government for consideration.
6. The Government listens to the Minister of Finance presenting the draft Law on Export Tax, Import Tax (Amendment); and the Minister, Head of the Government Office reporting on the summary of opinions from Government members regarding the above draft law.
In recent years, the Law on Export Tax, Import Tax has contributed to meeting the requirements of proactive integration, promoting production and import activities, expanding foreign economic relations, and accelerating the restructuring of the economy towards industrialization and modernization; providing reasonable and timely protection for domestic production and contributing to enhancing the competitiveness of the economy. However, some provisions in the law are no longer appropriate to the new requirements of socio-economic development, necessitating amendments to ensure effective implementation of international commitments, maximize export promotion, enhance the competitiveness of the economy, accelerate and modernize tax and customs management.
     Assign the Ministry of Finance to lead, coordinate with the Ministry of Justice, the Government Office, and related agencies to incorporate opinions from the meeting, finalize the draft Law on Export Tax and Import Tax (Amended); the Minister of Finance, authorized by the Prime Minister, shall submit it to the Standing Committee of the National Assembly.
     7. The Government listens to the Minister of Planning and Investment's Report on the results of production and business operations, import and export activities, and investment in February and the first two months of 2005; listens to the Minister of Trade's Report on the trade situation in February and market forecast for the first quarter of 2005.
     In the first two months of 2005, prolonged drought in southern central provinces and the Central Highlands, outbreaks of avian influenza in many regions nationwide, high prices of imported goods and domestic foodstuffs continued to be adverse factors affecting production and people's livelihoods, but the national economy maintained its growth rate: industrial production continued at a high level, especially non-state-owned industry; agricultural production ensured planting and harvesting schedules; retail sales, service activities, and telecommunications services increased, meeting production and consumption needs during the Tet holiday. Tourism saw significant growth, particularly with a rapid increase in international visitors; exports continued to rise sharply. State budget revenue was satisfactory, ensuring funding for development investment, economic and social development expenditure, security, and defense. Health care activities were strengthened, and no major epidemics occurred. Social assistance, care for the poor and policy beneficiaries during the Tet holiday received full attention; social order and security were maintained.
     However, there were notable signs in the first two months of the year: although avian influenza had been pushed back, the risk remained high; serious violations of forestry laws persisted; the trade deficit was high, and prices continued to rise after Tet. In production, some products showed a downward trend, with low added value. Superstition and feudalism increased and spread during the Tet holiday, including cases where public officials and civil servants used official vehicles for personal purposes, violating state regulations on the use of public assets and causing negative public opinion.
     To successfully complete the plan for economic and social development in 2005 right from the beginning of the year, the Government requires all Ministries, sectors, and localities to thoroughly implement Resolution No. 01/2005/NQ-CP dated January 14, 2005, of the Government on key measures to guide the implementation of the socio-economic plan and state budget for 2005. In March 2005, Ministers, heads of ministerial-level agencies, and chairpersons of People's Committees at all levels must take measures to boost production and business, especially for products with high added value, thoroughly save raw materials, reduce costs; exploit and create conditions for the development of service industries; implement the Land Law synchronously; promptly and effectively implement measures to combat drought to ensure planting areas, livestock development, and sufficient water supply for the people; closely monitor the evolution of avian influenza and effectively implement measures to quickly control the disease. Strengthen market management, take specific measures to prevent and strictly handle speculation, price hikes, and stabilize prices in the coming months. Thoroughly implement savings in construction investment, production, business, budget spending, and fuel usage. Focus on finalizing the allocation of plans and proactively implementing the 2005 plan. Continue to implement measures to mobilize capital for development investment; take advantage of favorable conditions to attract foreign investment; regularly urge and inspect the implementation of investment projects, promptly address difficulties and bottlenecks arising during project implementation. Continue to promote administrative reform, especially simplifying administrative procedures related to citizens and businesses. The Government requires the Ministries of Construction and Natural Resources and Environment to cooperate in organizing working groups with Hanoi, Ho Chi Minh City, and other localities to resolve issues in land use rights certification, property ownership, and construction permit procedures; the Ministry of Home Affairs to inspect administrative procedures and take appropriate measures to effectively implement inspection work; the Ministry of Justice and the Ministry of Public Security to urgently inspect and improve notarization, marriage registration, birth registration, and household registration procedures. All Ministries, sectors, and localities must strengthen proactive measures to prevent natural disasters, social evils; continue to curb and reduce traffic accidents.