Decision No. 101/NQ-CP of the Government's regular meeting in December 2014

RESOLUTION
Regular Meeting of the Government in December 2014

THE GOVERNMENT

Based on the Law on the Organization of the Government dated December 25, 2001;

Pursuant to Decree No. 08/2012/NĐ-CP dated February 16, 2012 of the Government promulgating the Operational Regulations of the Government;

Based on the discussions among members of the Government and the conclusions of the Prime Minister at the December 2014 meeting, held on December 29 and 30, 2014,

RESOLUTION:

1. On the review of the Government's leadership and management work in 2014 and the implementation of tasks for 2015

The Government unanimously assesses that the leadership and management work of the Government in 2014 had significant importance in contributing to the realization of economic and social development goals and tasks in 2015 and the five-year plan from 2011 to 2015. Along with managing the implementation of economic and social development tasks according to the targets and plans, the Government focused on directing the implementation of long-term tasks, especially economic restructuring and strategic breakthroughs; while also dedicating much time and resources to resolutely struggle to protect maritime sovereignty, ensuring peace and stability for national economic and social development.

In leadership and management, the Government always adhered to the Constitution and laws; strictly implemented the Central Party's Resolutions and Conclusions; closely coordinated with Party agencies, the National Assembly, the Vietnam Fatherland Front, and other mass organizations; correctly implemented the Government's Working Regulations and the principle of democratic centralism, emphasizing the role of collectives while elevating the responsibility of each individual member of the Government before the Party, the National Assembly, the Government, and the people.

In organizing the implementation of economic and social development tasks, the Government regularly reviewed and evaluated the situation, persistently implemented set goals, while being flexible and resolute in management to ensure overall balance between short-term and long-term objectives. Actively innovated leadership and management methods to closely match actual conditions; emphasized discipline and rules; focused on forecasting work; listened to and valued social feedback; strengthened dialogue and promptly resolved issues through appropriate decisions, highly appreciated by public opinion, demonstrating trust in the Government's efforts to achieve national economic and social development goals and protect national sovereignty.

Under the leadership of the Party, the efforts of the entire political system, business community, and the people, the economic and social situation in 2014 showed positive changes, with most key indicators achieving or exceeding the plan. Annual GDP growth was estimated at 5.98%, higher than the previous two years and surpassing the target. Macroeconomic fundamentals were basically stable. Inflation was controlled, with consumer price index increases low. Interest rates decreased. Credit growth met the planned target; foreign exchange rates and the foreign exchange market were stable; foreign exchange reserves increased significantly, reaching the highest level ever. Exports maintained high growth, marking the third consecutive year of trade surplus, notably with domestic enterprises showing strong recovery. The current account, capital account, and balance of payments continued to show surpluses. Industrial production, particularly processing and manufacturing industries, grew moderately. Agricultural production achieved satisfactory results. Retail sales of goods and services increased. Foreign direct investment (FDI) and disbursement of official development assistance (ODA) and preferential loans performed well. State budget revenue exceeded the plan. Public debt, government debt, and external debt of the country remained within safe limits. Social welfare and social benefits were ensured; people's living standards improved. Economic restructuring, transformation of the growth model, achieved many positive results; efficiency, productivity, competitiveness, and business environment gradually improved. Administrative reform was accelerated, especially simplification of administrative procedures. Complaint resolution, anti-corruption, thrift, and waste prevention were emphasized. National sovereignty was maintained; political security and social order were ensured. Traffic safety work made progress. Foreign affairs and international economic integration achieved results, actively and positively integrating internationally to leverage international resources for economic and social development, contributing to maintaining a peaceful and stable environment, protecting territorial integrity, national rights and interests, as well as legitimate interests of citizens and overseas compatriots.

Despite these achievements, there remain shortcomings and limitations: Public debt remains high, and the budget expenditure structure is not rational. The living conditions of a portion of the population in remote areas, ethnic minority regions, and disaster-stricken areas are still difficult, with poverty reduction results in many places not truly sustainable. Fire and explosion incidents, crime, and social evils continue to be complex. Discipline and rules, linked with inspection, supervision, and violation handling, are not strict enough; coordination in handling matters is still lacking in tightness and synchronization; the sense of duty of some officials and civil servants is still low; analytical, forecasting, and situational awareness capabilities have not kept up with practical requirements; the implementation of mechanisms and policies in some places and times has not been resolute enough; not actively preparing to take advantage of favorable opportunities from international trade agreements... requiring focused efforts to address in the near future.

The Government Office is tasked with incorporating the opinions of Government members and those presented at the Government meeting with localities, completing the Report on the Review of Leadership and Management Work in 2014 and the Government's Work Program for 2015 for ministries, agencies, and localities to implement.

The Ministry of Interior and the Government Inspectorate shall take the lead, coordinate with relevant ministries and agencies to collect opinions from members of the Government and at the Government meeting with localities to complete and issue a report on administrative reform work in 2014; inspection, complaint resolution, and anti-corruption and waste efforts in 2014. At the same time, focus on directing the organization to implement tasks related to administrative reform; inspection, complaint resolution, and anti-corruption and waste efforts in 2015 to create significant changes.

Ministries, agencies, People's Committees of provinces and centrally governed cities shall, within their respective functions and responsibilities, review, self-assess, draw lessons; promptly address shortcomings and weaknesses in leadership and management work in conjunction with effectively implementing economic and social development tasks for 2015 of ministries, agencies, and localities. Resolutely achieve the annual goal that each province and city must reduce traffic accidents by 5% to 10% across all three criteria. At the same time, intensify efforts to prevent and combat smuggling, commercial fraud, and production of fake goods, especially in economic centers and border provinces.

The Government Office shall take the lead, coordinate with the Ministry of Planning and Investment and relevant agencies to collect opinions from members of the Government and at the Government meeting with localities, promptly perfect and submit to the Prime Minister for signature and issuance the Resolution of the Government on key tasks and solutions to guide and manage the implementation of the Socio-Economic Development Plan and State Budget Estimate for 2015.

As 2015 marks the final year of the 2011-2015 Socio-Economic Development Plan, the Government requests Ministers, Heads of ministerial-level agencies, and Chairpersons of provincial and centrally governed city People's Committees to continue to leverage achieved results, address shortcomings and weaknesses; seize favorable factors, overcome difficulties, and tackle challenges proactively; closely adhere to Central Party resolutions, National Assembly resolutions, and Government resolutions; promptly develop, issue, and implement specific programs and plans; concentrate on decisive and synchronized guidance and management through concrete measures to implement the Government's Resolution on key tasks and solutions to guide and manage the implementation of the Socio-Economic Development Plan and State Budget Estimate for 2015 from the beginning of the year with the highest sense of responsibility, striving to complete socio-economic development goals for 2015 and endeavor to achieve the targets and indicators of the 2011-2015 Socio-Economic Development Plan at the highest level possible.

2. On the situation regarding the implementation of the Law and Ordinance Construction Program of the Government in 2014; the situation regarding the construction and issuance of detailed regulations implementing laws and ordinances in 2014

a) On the situation regarding the implementation of the Law and Ordinance Construction Program of the Government in 2014

In 2014, legislative work was one of the prioritized tasks, timely meeting the requirements to concretize the provisions of the 2013 Constitution. Research, drafting, and submitting draft laws and ordinances on state organizational structure and serving economic restructuring, improving the investment and business environment under the 2014 Law and Ordinance Construction Program basically achieved the set objectives and directions. The examination and review process continued to be reformed, attracting contributions from experts and scientists during the drafting and perfecting of laws and ordinances, contributing to enhancing the quality of legal documents.

However, there were still cases where some draft laws had to request delayed submission schedules; adjustments and improvements to some laws and ordinances after being approved by the Government were still slow, failing to ensure the stipulated submission deadlines to the National Assembly and the Standing Committee of the National Assembly; coordination in the research and drafting of draft laws and ordinances between government agencies and National Assembly agencies was still lacking.

The Government requests Ministers and Heads of ministerial-level agencies to continue to pay attention to directing resources towards researching, drafting, ensuring the quality, schedule, and feasibility of laws and ordinances according to the 2015 Law and Ordinance Construction Program. Particularly, it is necessary to build and report to the Government on the construction and submission of the Draft Law on Demonstrations and the Draft Law on Access to Information for the Government to consider and decide specifically. Promptly complete the files of laws and ordinances proposed for inclusion in the 2016 Program and send them to the Ministry of Justice before January 7, 2015, for consolidation and submission to the Government for consideration at the regular meeting in January 2015.

b) On the situation regarding the construction and issuance of detailed regulations implementing laws and ordinances in 2014

There has been a clear improvement in the construction and issuance of detailed regulations implementing laws and ordinances in 2014. The backlog of regulations of the Government and the Prime Minister has been largely resolved, with only six regulations remaining outstanding by the end of the year, the lowest number in over ten years. However, there are still cases where many detailed regulations have not been issued in accordance with the prescribed schedule to ensure simultaneous effectiveness with laws and ordinances.

The task of constructing and issuing detailed regulations implementing laws and ordinances in 2015 is very heavy. The Government requests Ministers and Heads of ministerial-level agencies to strictly implement the measures proposed by the National Assembly, the Government, and the Prime Minister to accelerate progress and ensure quality, thoroughly eliminate the backlog of regulations; directly direct, monitor, urge, inspect, and clearly define the responsibility of each unit and individual in the implementation of research and drafting of detailed regulations implementing laws and ordinances under their respective ministries and agencies; continue to improve organizational structures and enhance the capacity of legal officers.

3. On soliciting public opinion on the draft Civil Code (Amendment)

The Government agrees with the proposal of the Ministry of Justice regarding the issuance of a plan to organize public consultations on the draft Civil Code (amended) in order to promote the people's right to mastery, mobilize the intelligence of the people in contributing opinions to the content of the draft Civil Code (amended), ensuring human rights and citizens' rights as stipulated in the 2013 Constitution. The organization of public consultations must be conducted widely, democratically, and scientifically; ensuring economy, practicality, avoiding formalism; collecting fully, accurately, objectively, and truthfully, and seriously studying, absorbing, and explaining to improve the draft Civil Code (amended).

4. On the implementation situation of Resolution No. 19/NQ-CP dated March 18, 2014 of the Government on key tasks and solutions to improve the business environment and enhance national competitiveness.

The Government assesses that with close, resolute, timely guidance from the Government and the Prime Minister in addressing difficulties and obstacles in implementing Resolution No. 19/NQ-CP dated March 18, 2014, many ministries, agencies, and localities have actively and proactively implemented most of the key tasks and solutions proposed in the Resolution for the years 2014-2015, gradually improving Vietnam’s business environment and enhancing national competitiveness. However, some ministries, agencies, and localities have not implemented resolutely and closely followed the targets and methods as specified in the Resolution.

To continue strongly, consistently, and thoroughly implementing Resolution No. 19/NQ-CP, ensuring that by the end of 2015, Vietnam’s business environment ranking according to the World Bank will be at least equal to ASEAN 6, ministries, agencies, and localities need to continue consolidating and maintaining the sustainability of achieved results on tax payment, social insurance payment, business registration, investor protection, and electricity access indicators. Focus on institutional reform to improve the institutional indicator, while publicly announcing administrative reform indicators. Concentrate on reforming the five criteria that have not been fully implemented, including construction permits, property rights, credit access, contract enforcement, and handling insolvent enterprises.

The National Council for Sustainable Development and Enhanced Competitiveness shall coordinate with the Ministry of Planning and Investment to urgently submit to the Government for issuance of a Resolution on continuing to improve the business environment and enhance competitiveness in February 2015. Based on this, ministries and sectors shall review administrative procedures within their assigned functions and responsibilities to amend and supplement through Circulars or Joint Circulars, or submit to the Government and the Prime Minister for consideration and resolution in cases exceeding their authority; regularly inspect and urge implementation to create positive changes. Ministers, Chairpersons of provincial People's Committees directly under the Central Government must strictly implement Resolution No. 19/NQ-CP, considering the task of improving the business environment and enhancing competitiveness as one of the key tasks of each ministry, sector, and locality in 2015 and subsequent years.

5. On the production and business operation activities of state-owned enterprises; restructuring of state-owned enterprises in 2014 and tasks for 2015.

In the context of many economic and social difficulties, state-owned enterprises have made significant efforts to fulfill assigned tasks, maintaining, preserving, and developing state capital, contributing to macroeconomic stability and economic growth. However, many state-owned enterprises have been slow to innovate, failing to promptly grasp market development needs and integration trends, leading to low efficiency and competitiveness due to inadequate management and supervision of allocated resources.

To strengthen supervision and inspection of investment and management of state capital in enterprises, address and correct improper use of capital and assets in production and business operations, and ensure transparency, the Government requires ministries and agencies within their functional and assigned tasks to take responsibility for drafting and submitting to the Government and the Prime Minister for issuance of detailed regulations on newly enacted Laws approved by the 13th National Assembly at its eighth session. State-owned enterprises need to vigorously implement enterprise restructuring according to approved plans; build and regularly monitor cost reduction and product price reduction measures to increase profits.

In 2014, state-owned enterprise restructuring saw significant positive changes. Mechanisms and policies on organizational and operational reforms, management, reorganization, and shareholding have been issued relatively comprehensively and synchronously, creating a favorable legal framework for implementation, with a high number of enterprises being reorganized, listed, and divested compared to 2013, laying an important foundation for completing the reorganization and listing plan for the period 2014-2015. However, some mechanisms and policies were not amended and issued in a timely manner. The number of enterprises listed and divested did not meet the planned targets. Some ministries, localities, groups, and corporations have not implemented the approved listing and divestment plans resolutely.

To further accelerate the restructuring of state-owned enterprises and strive to complete the reorganization and reform plan for state-owned enterprises by 2015, the Government requests ministries, sectors, localities, state economic groups, and corporations to direct more resolutely to achieve the set targets, especially listing and divesting state capital. Based on the criteria and classification list of state-owned enterprises, review and supplement enterprises needing to be listed and divested after 2015 in the first quarter of 2015, submit to the Prime Minister for approval to implement.

The ministries, provincial people's committees, economic groups, and state-owned corporations with agricultural and forestry companies shall direct these companies to review their functions and tasks, develop overall restructuring plans, report to the Ministry of Agriculture and Rural Development for examination, and submit to the Prime Minister for approval.

The Ministry of Finance shall take the lead, coordinate with the Steering Committee for Enterprise Reform and Development, and relevant agencies to comprehensively evaluate the state-owned enterprise restructuring work during the period of 2011-2015 in the fourth quarter of 2015.

6. On the matter of converting public service units into joint-stock companies

The Government has unified: Expanding the scope of conversion of public service units that meet the conditions into joint-stock companies, paying attention to the specific characteristics and suitable forms for units in the healthcare, education, and training sectors. Offering preferential policies for employees who are excellent experts, highly skilled professionals, holders of scientific research topics, and possess invention patents that have been applied, currently working in public service units undergoing conversion. Establishing special regulations on determining enterprise value, excluding brand value and development potential from the valuation of public service units when implementing conversions to encourage public service units to become joint-stock companies.

The Ministry of Finance shall take the lead, coordinate with the Government Office and relevant agencies to incorporate opinions from government members to perfect the draft Decision of the Prime Minister regarding the conversion of public service units into joint-stock companies, and submit it to the Prime Minister for signature and issuance in the first quarter of 2015.

7. On the proposal to use poverty reduction, employment, and trained labor indicators in the five-year and annual socio-economic development plans for the period of 2016-2020

The Ministry of Planning and Investment shall take the lead, coordinate with the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance to study and exchange views with related committees of the National Assembly on the use of the aforementioned indicators.

For the time being, continue using the following indicators: the rate of poverty reduction (excluding the annual inflation rate from the poverty standard); unemployment rate; the proportion of trained labor, including the proportion of labor with degrees and certificates according to current regulations.

8. On the draft Decree adjusting pensions, social insurance benefits, and monthly allowances for retired village cadres

The Ministry of Labor, Invalids and Social Affairs shall take the lead, coordinate with the Government Office and relevant agencies to incorporate opinions from government members, finalize the draft Decree adjusting pensions, social insurance benefits, and monthly allowances for retired village cadres, and submit it to the Prime Minister for signature and issuance.

9. On the activities of forensic psychiatric appraisal organizations

The Government has unified: Forensic psychiatric appraisal organizations at local levels established and operating under the Legal Appraisal Law shall continue performing forensic psychiatric appraisal work until June 30, 2015.

The Ministry of Health shall take the lead, coordinate with the Ministry of Justice, the Ministry of Home Affairs, localities, and relevant agencies to urgently establish regional forensic psychiatric centers in accordance with the Legal Appraisal Law.

10. On the draft Law on Temporary Detention and Pre-Trial Detention

The Ministry of Public Security shall take the lead, coordinate with the Ministry of Justice, the Government Office, and relevant agencies to incorporate opinions from government members, revise, and complete the draft Law. The Minister of Public Security shall act on behalf of the Government to submit this draft Law to the National Assembly, authorized by the Prime Minister.

11. On the draft Law on the Organization of Criminal Investigation Agencies

The Ministry of Public Security shall take the lead, coordinate with the Ministry of Justice, the Government Office, and relevant agencies to incorporate opinions from government members, revise, and complete the draft Law, and report to the Prime Minister before submitting it to the National Assembly.

12. On the draft Law Amending and Supplementing Certain Provisions of the Maritime Code

The Ministry of Transport shall take the lead, coordinate with the Ministry of Justice, the Government Office, and relevant agencies to incorporate opinions from government members, revise, and complete the draft Law. The Minister of Transport shall act on behalf of the Government to submit this draft Law to the National Assembly, authorized by the Prime Minister.

13. On the implementation of Decree No. 36/2014/ND-CP dated April 29, 2014 on Tra Fish Farming, Processing, and Export

The Government has unified not implementing the provisions at point b and point c Clause 3 Article 6 of Decree No. 36/2014/ND-CP dated April 29, 2014 until December 31, 2015. The Ministry of Agriculture and Rural Development shall take the lead, coordinate with the Ministry of Industry and Trade to inspect and guide enterprises in implementation, and report to the Prime Minister to resolve any arising issues (if any) to gradually improve the quality and value of our country's Tra fish products in both international and domestic markets. /