Resolution No. 10/2004/NQ-CP of the regular meeting of the Government in July 2004

RESOLUTION

Resolution of the Government's regular meeting in July 2004
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On August 4 and 5, 2004, the Government convened its regular monthly meeting in July to discuss and adopt the following issues:

1. The Government heard the Minister of Finance present the draft Proposal for Establishing the State Capital Investment and Business Corporation.

In recent years, the activities of state-owned enterprises have made significant contributions to production and social life, promoting economic growth. However, the efficiency of business operations and competitiveness of many enterprises remain low, failing to ensure the preservation and development of state capital, leading to waste. This situation is partly due to the existing mechanisms for managing state capital at enterprises being inadequate, lacking coordination, and not aligning with the characteristics of a socialist-oriented market economy. To gradually address this issue, establishing a State Capital Investment and Business Corporation with independence and professionalism to perform functions as stipulated in the Law on State-Owned Enterprises 2003 would significantly contribute to accelerating the reform and restructuring of state-owned enterprises, ultimately improving the management methods to enhance the effectiveness of state capital utilization at enterprises.

The Government agrees to approve the Proposal for Establishing the State Capital Investment and Business Corporation; it instructs the Ministry of Finance to incorporate the opinions of government members, finalize the Proposal, and submit it to the Prime Minister for decision. Simultaneously, the Ministry of Finance is tasked with urgently drafting related documents concerning the formation of the State Capital Investment and Business Corporation, including the Decision on Establishment, Charter of Organization and Operation, Financial Regulations, and submit them to the Prime Minister for decision.

The Government assigns the Ministry of Finance to lead and coordinate with relevant agencies to study reforms in the management mechanism of capital and personnel for state-owned enterprises that fall outside the scope of management of the State Capital Investment and Business Corporation, as proposed, and submit the results to the Government for consideration.

2. The Government heard the Minister of Justice present the draft Civil Code (Amended); and heard the Minister, Head of the Government Office report on the consolidated opinions of government members regarding the draft Civil Code.

The Civil Code was promulgated on October 28, 1995 and came into effect on July 1, 1996, holding a particularly important position within the country's legal system. The Code has affirmed and detailed the rights of citizens and other subjects in civil matters, providing a legal framework to promote democracy, ensure social justice, protect the legitimate rights and interests of individuals, legal entities, and state and societal interests; guarantee legal safety in civil relations, and promote the development of the economy and society during the period of renovation. After eight years of implementation, the Civil Code has demonstrated its effectiveness in social life but also revealed some limitations. Some provisions in the Code are incomplete or no longer suitable for reality; the relationship between the Civil Code as a general law and specific laws regulating relationships such as marriage and family, commerce, labor... remains unclear; there are still administrative regulations; some issues have not been reformed to suit current social life and newly enacted laws, as well as not being compatible with certain international practices and treaties to which Vietnam is a party. Therefore, amending and supplementing the Civil Code is a very necessary and urgent task to meet the requirements of economic and social development in the present and future.

In principle, the Government agrees with the content of the draft Civil Code (Amended), with additional attention to the following points: There should be general provisions on land use rights in the Code, but they should not overlap with those in the Land Law 2003 and the Circular guiding the implementation of the Land Law; the provisions on intellectual property rights and technology transfer in the Code should only cover general principles, while specific provisions will be developed in separate projects for this field; regarding the subjects of civil legal relations, it should be consistent with international practices (without specifying household families and cooperative groups).

The Ministry of Justice is assigned to lead and coordinate with the Government Office and relevant agencies to incorporate the opinions of government members, complete the draft Civil Code (Amended); the Minister of Justice is authorized to submit the draft to the Standing Committee of the National Assembly on behalf of the Prime Minister.

3. The Government heard the State Auditor General present the draft Law on State Audit; and heard the Minister, Head of the Government Office report on the consolidated opinions of government members regarding the draft Law.

State audit is an indispensable tool for a rule-of-law state to check and control public finance. The purpose of state audit is to ensure the rational, economical, and effective management and use of state financial resources and assets. Up until now, the country has not had a legal document on the organization and operation of the State Audit Agency; the legal status of state audit does not match its assigned functions and responsibilities; many issues related to state audit activities have not been fully and systematically regulated to meet the requirements of managing state financial resources and assets.

The State Audit Agency is assigned to lead and coordinate with the Ministry of Justice, the Government Office, and relevant agencies to incorporate the opinions of government members, complete the draft Law, and submit it to the Prime Minister for a decision on submitting it to the Standing Committee of the National Assembly.

4. The Government heard the Minister of Foreign Affairs present the draft Law on Signing and Implementing International Treaties; and heard the Minister, Head of the Government Office report on the consolidated opinions of government members regarding the draft Law.

In the process of integrating with the world, international treaties have truly become an important legal tool of the State to establish and promote international relations in political, diplomatic, economic, trade, cultural, educational, health, social, and other fields. The Ordinance on the Conclusion and Implementation of International Treaties, issued on August 20, 1998, has created a basic legal foundation for state agencies to implement a unified procedure for concluding and implementing international treaties. However, up to now, some provisions of the Ordinance have revealed many limitations, requiring amendments and supplements to enhance their legal nature to be consistent with the Constitution, the realities of Vietnam, and international law.

Entrust the Ministry of Foreign Affairs to take the lead, coordinate with the Ministry of Justice, the Government Office, and relevant agencies to incorporate opinions from government members, finalize the draft Law on the Conclusion and Implementation of International Treaties; entrust the Minister of Foreign Affairs, authorized by the Prime Minister, to submit this legislative project to the Standing Committee of the National Assembly.

5. The Government listens to the Minister of Defense presenting the draft Law on National Defense; listens to the Minister and Head of the Government Office reporting on the synthesis of opinions from government members regarding this draft Law.

Building and defending the country are two strategic tasks always prioritized by the Party and the State in the process of building and developing the nation. In recent times, while focusing on perfecting the legal system for economic management reform, the Party and the State have also paid attention to building a legal system to strengthen national defense and protect the country. However, these documents mainly regulate specific areas, and many fundamental issues ensuring the strengthening of national defense as stipulated by the Constitution and Party resolutions have not been institutionalized, thus failing to create a high-level legal basis. The issuance of the Law on National Defense is necessary to complete the legal framework for the national defense mission and to build a people's national defense, maintaining political stability, and successfully fulfilling the task of protecting the country.

Entrust the Ministry of National Defense to take the lead, coordinate with the Ministry of Justice, the Government Office, and relevant agencies to incorporate opinions from government members, finalize the draft Law on National Defense, and proceed with necessary procedures to submit it to the Standing Committee of the National Assembly.

6. The Government listens to the Minister of Public Security presenting the draft Law on the People's Public Security; listens to the Minister and Head of the Government Office reporting on the synthesis of opinions from government members regarding this draft Law.

From the August Revolution in 1945 to the present, throughout various stages of revolution, the People's Public Security has always been the core force in the struggle against crime, firmly safeguarding national security, maintaining public order and social safety, making significant contributions to stabilizing and developing the country. To gradually build and consolidate this force, the State has issued numerous legal documents concerning its organization and activities. However, the legal documents issued so far are mainly sub-law documents, scattered, and have not regulated all social relationships related to the organization and activities of the People's Public Security; many guiding viewpoints, policies, and directions of the Party and State in this field have not been fully institutionalized. The issuance of the Law on the People's Public Security, a legal document with high legal validity, is necessary to create conditions for the People's Public Security to effectively perform their assigned functions and tasks, especially in the context of the country undergoing renewal.

Entrust the Ministry of Public Security to take the lead, coordinate with the Ministry of Justice, the Government Office, and relevant agencies to incorporate opinions from government members, finalize the draft Law on the People's Public Security, and proceed with necessary procedures to submit it to the Standing Committee of the National Assembly.

7. The Government listens to the Head of the Central Steering Committee for Flood and Storm Prevention and Control report on the situation of natural disasters in the first months of the year and the tasks of flood and storm prevention and control in the last months of 2004.

The Government has also reviewed reports: Results of the production, service, and investment meeting in July and the implementation of the socio-economic development plan in July and the first seven months of 2004 presented by the Ministry of Planning and Investment; Trade situation in July 2004 presented by the Ministry of Trade; Inspection, complaint, and denunciation work in the second quarter and the first six months of 2004 presented by the State Inspectorate.

Despite encountering many difficulties due to rising global prices of raw materials, especially steel billets, fertilizers, and oil; frequent natural disasters; widespread dengue fever; and the potential recurrence of avian influenza in some localities, the socio-economic situation in July and the first seven months of 2004 continued to develop positively overall. Industrial production achieved a relatively high growth rate; agriculture and service sectors maintained stable development; exports grew strongly, and the trade deficit decreased compared to the same period last year; monetary policy was gradually adjusted appropriately; market price trends slowed down. Social activities continued to develop. The education sector organized well the university and college admissions, which received high praise from public opinion. Poverty reduction and employment generation efforts showed very positive changes. Measures to monitor, detect, and contain dengue fever were strengthened nationwide. Disaster prevention and social assistance activities were actively implemented. Traffic order and safety also improved significantly, with a notable decrease in traffic accidents in July; public awareness of traffic regulations when participating in traffic, particularly wearing helmets when riding motorcycles, improved notably.

The Government observes that in the last months of the year, the situation may continue to evolve in a complex manner while the tasks at hand remain very challenging. To accelerate economic growth, control the consumer goods and service price index, maintain macroeconomic balance, and sustain political and social stability, the Government requests ministries, sectors, and localities to intensify the implementation of socio-economic development measures outlined in Resolution No. 01/2004/NQ-CP and Decision No. 51/2004/QĐ-TTg; continue to boost production and business activities, and exports, focusing on product groups and items with existing markets and potential for increased sales; continue implementing price stabilization measures and capital mobilization strategies; accelerate the pace of basic construction investment and disbursement of ODA funds.

In light of unusual weather patterns, the Government requests ministries, sectors, and localities to enhance forecasting work and be proactive and timely in disaster prevention and mitigation efforts. The Central Steering Committee for Flood and Storm Control and local flood and storm control command posts at all levels must strengthen inspections of irrigation works and flood and storm prevention equipment; study scenarios and situations to be prepared to respond effectively and minimize losses caused by natural disasters; intensify public awareness campaigns about flood and storm prevention and disaster reduction measures.