Directive No. 17/2002/CT-TTg on continuing to vigorously implement the Enterprise Law

 DIRECTIVE

Regarding the continued vigorous implementation of the Enterprise Law

In more than two years, ministries, ministerial-level agencies, government agencies, and people's committees at all levels have made significant efforts to implement the Government's and Prime Minister's directives on the implementation of the Enterprise Law. The Enterprise Law has brought about a strong transformation in economic thinking, administrative reform; created new momentum, released productive capacity, mobilized internal resources; contributed to promoting economic growth, reducing poverty, and improving the living standards of the people, which has been supported by the domestic population and highly evaluated by the international community.

However, the actual implementation of the Enterprise Law over the past two years shows that there are still many aspects that have not seen positive changes, thereby limiting the effectiveness and impact of the Enterprise Law. Some necessary guiding documents for the implementation of the Enterprise Law have been issued late; some issued documents contain contents that are inconsistent, even contrary to the provisions of the Enterprise Law; awareness and organization of implementation of the Enterprise Law in some ministries, sectors, and localities are passive, incomplete, and inconsistent.

Some enterprises and their managers have not fully recognized the necessity of complying with the Enterprise Law correctly; there are intentional violations of its provisions; they do not view compliance with the Enterprise Law as a tool to protect their rights and legitimate interests; the awareness of fulfilling the obligations stipulated by the Enterprise Law is generally low.

To continue vigorously implementing the Enterprise Law, effectively implementing the Government's action program to implement Resolution No. 5 of the Fifth Plenary Session of the Central Committee of the Communist Party of Vietnam's Ninth Congress, and to specifically implement Clause 3 of Resolution No. 07/2002/NQ-CP of the Government, the Prime Minister issues the following directive:

1. By the end of the fourth quarter of 2002, the Ministry of Labor, Invalids and Social Affairs shall submit to the Government a draft Decree on employment, including conditions for businesses operating in the field of job introduction.

2. By the third quarter of 2002: The Ministry of Fisheries shall issue a Circular guiding the issuance of certificates for the practice of veterinary drug business; the Ministry of Justice shall issue a Circular guiding the issuance of certificates for legal service practices; the Ministry of Public Security, in coordination with the Ministry of Planning and Investment, the Ministry of Justice, and the Supreme People's Court, shall issue a Joint Circular specifying the procedures for determining the identity of enterprise founders.

3. The Ministry of Planning and Investment:

a- Continue expanding the scope of the business information network to all provinces and centrally-administered cities; enhance the capacity of the Business Information Center to effectively utilize the functions of the Vietnamese Business Web site; develop regulations on providing business information to organizations and individuals upon request.

b- Coordinate with the Task Force for Implementing the Enterprise Law, relevant ministries, and the Vietnam Chamber of Commerce and Industry to compile a complete list of valid permits and permit management systems, preparing a Decree to be submitted to the Government by the end of the fourth quarter of 2002, ensuring the consistency and uniformity of the legal system.

4. Provincial and centrally-administered city people's committees need to raise the awareness of cadres at all levels, viewing the development of private economy, particularly small and medium-sized enterprises, as a key focus of work, and the implementation and promotion of the effects of the Enterprise Law within their jurisdiction as a crucial measure to successfully achieve socio-economic development plans. At the same time, urgently implement the following tasks:

a- Review and revoke all administrative decisions issued under various forms regarding the temporary suspension of business registration for industries and trades not prohibited by laws, ordinances, and decrees already promulgated. Require the Department of Planning and Investment to immediately revoke related regulations concerning business registration procedures that contravene the Enterprise Law.

b- Revoke or amend industrial and trade development plans on the territory that lack scientific basis and are no longer suitable to reality, aiming to create equality, encourage creativity, and mobilize internal resources for production and business development.

c- Strengthen and enhance the capacity of the Business Registration Departments within the Department of Planning and Investment to fulfill their functions, duties, and powers as prescribed by law. At the district level, consolidate specialized units with sufficient capacity to manage business registration. These departments and units must be organized into a unified system to comprehensively update information on business activities within their jurisdictions, while supporting and providing necessary information to businesses.

d- Regularly organize direct meetings between departments, sectoral agencies, district and county people's committees, and local enterprises to promptly resolve enterprise difficulties within their authority (every six months or annually): regarding business premises; investment incentives; preferential loans; issuance of business licenses and investment permits; taxes; product consumption...

đ- Direct departments and district and county people's committees within their authority and responsibility to enhance state management capabilities, promptly identify and strictly handle enterprises that take advantage, intentionally violate, or fail to comply with legal provisions.

5. The Task Force for Implementing the Enterprise Law:

a- Continue to disseminate and popularize the Enterprise Law and guiding documents for its implementation among business owners, managers, and relevant state management officials.

b- Assist the Prime Minister in monitoring the issuance and implementation of guiding documents for the Enterprise Law by ministries, sectors, and localities. Regularly report to the Prime Minister on the results of implementing the Government's and Prime Minister's directives on the implementation of the Enterprise Law nationwide: highlighting achievements, shortcomings, difficulties and obstacles in implementing the Enterprise Law, and proposing timely measures to address them.

c) Organize research, propose measures to address and resolve bottlenecks, create a favorable common environment for businesses to develop on an equal basis: concerning production and business premises, capital, information, marketing...; identify and summarize good experiences from some localities in implementing the Enterprise Law to replicate in other localities.

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for implementing this Directive.