THE PRIME MINISTER
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Hanoi, June 6, 2017
On further effectively implementing Resolution No. 35/NQ-CP of May 16, 2016, in the spirit of the Government siding with businesses
To implement the policy on a constructive government that serves enterprises and facilitates their investment, business and development, on May 16, 2016, the Government adopted Resolution No. 35/NQ-CP supporting and developing enterprises through 2020 (below referred to as Resolution No. 35).
After more than one year since its adoption, the implementation of the Resolution has reaped marked achievements. It has created positive changes in thinking and awareness of the public-service apparatus with the spirit of serving and supporting the development of enterprises; step by step removing difficulties and solving problems for enterprises; improving the investment and business environment, further facilitating investment in production and business expansion and fast growth, thus making important contributions to socio-economic development. However, there remained some limitations in the Resolution implementation such as a number of inappropriate mechanisms and policies, the unsatisfactory implementation of a number of solutions, a gap between policy and reality in a number of pressing areas including administrative procedures in import and export, tax, customs, sub-licenses, access to land, capital and natural resources, overlapping inspections, and inconsistent and lax coordination among ministries, sectors and localities in giving guidance to enterprises.
With the aim of further accelerating and improving the implementation of the Resolutions of the fifth plenum of the Party Central Committee of the 12th
tenure and overcoming existing problems after one year of implementing Resolution No. 35, the Prime Minister orders ministers, heads of ministerial-level agencies and government-attached agencies and chairpersons of People’s Committees of provinces and centrally run cities to focus on directing and organizing the effective implementation of the following solutions and tasks in 2017-2018:
I. SOLUTIONS, TASKS
1. The Ministry of Planning and Investment shall:
a/ Assume the prime responsibility for, and coordinate with related agencies in, finalizing the draft Law on Support for Small and Medium-Sized Enterprises and guiding decrees in the second quarter of 2017; coordinate with ministries, sectors and provincial-level People’s Committees in effectively implementing small and medium-sized enterprise support policies and programs after the Law is passed by the National Assembly;
b/ Assume the prime responsibility for, and coordinate with related ministries and sectors in, formulating a decree amending and supplementing a number of decrees in order to create connectivity between investment procedures and land, construction, bidding and environment procedures, and submit it to the Government in the third quarter of 2017;
c/ Assume the prime responsibility for, and coordinate with ministries, sectors, business associations and commercial banks in, annually organizing training courses on support for small- and medium-sized enterprises to increase their governance capacity and financial transparency for better access to credit; organize training to improve skills of supporting small- and medium- sized enterprises for officials of ministries, sectors, localities and business associations;
d/ Complete the list of state-invested enterprises for divestment in the 2017-2020 period and submit it to the Prime Minister in June 2017;
dd/ Assume the prime responsibility for, and coordinate with the Ministry of Finance, Ministry of Science and Technology and related ministries and sectors in, devising and completing a pilot mechanism for purchasing innovative and creative products turned out from researches of domestic persons, organizations, enterprises and research institutes in procurement work using state budget funds (investment funds and regular expenditures), and submit it to the Prime Minister in August 2017;
e/ Finalize draft decrees amending and supplementing the Government’s Decree No. 15/2015/ND-CP of February 14, 2015, on investment in the form of public-private partnership and Decree No. 30/2015/ND-CP of March 17, 2015, guiding the implementation of the Bidding Law regarding selection of investors in order to remove difficulties and solve problems in the selection of investors, and submit them to the Government in August 2017;
g/ Assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development and related agencies in, completing a draft decree amending and supplementing the Government’s Decree No. 210/2013/ND-CP of December 19, 2013, on policies to promote enterprises’ investment in agriculture and rural areas for submission to the Government in August 2017.
2. The Ministry of Finance shall:
a/ Review and propose amendments to regulations on tax administration and customs toward connectivity among related ministries and agencies to minimize time and cost for enterprises, report on a plan on formulation of a draft law amending various tax laws to the Government for submission to the National Assembly in the third quarter of 2017;
b/ Assume the prime responsibility for, and coordinate with ministries, sectors and provincial-level People’s Committees in, strictly managing and collecting correct and full taxes in a timely manner from large business households and preventing tax loss with regard to households that pay fixed tax; study and propose a simple tax collection policy and accounting regime appropriate to small businesses, especially those transformed from business households, report them to the Government for submission to the National Assembly in the third quarter of 2017;
c/ Assume the prime responsibility for, and coordinate with the Government Office in, urging line ministries to amend and supplement decrees, circulars and decisions on specialized inspection of imports and exports according to the Government’s Resolution No. 19/2017/NQ-CP and the Prime Minister’s Decision No. 2026/QD-TTg of November 17, 2015.
Renovate the specialized inspection method following the risk management principle; apply a priority regime to inspection; move specialized inspection of goods quality (including energy efficiency and food safety inspection) from the customs clearance stage to the post-customs clearance stage (except for quarantine and inspection of food safety for imports with high risks of affecting human health, the environment or security and national defense); boost the recognition of inspection results under agreements; to ensure that the rate of imports or exports subject to specialized inspection does not exceed 20% of the whole imported or exported lot, equivalent to that accorded to important trade partners of Vietnam, and report the implementation to the Prime Minister in the third quarter of 2017;
d/ Assume the prime responsibility for, and coordinate with line ministries in, reviewing and standardizing codes of imports and exports subject to specialized management and inspection in conformity with codes of goods in the current list of imports and exports, and report them to the Prime Minister in August 2017;
dd/ Coordinate with the Ministry of Natural Resources and Environment in studying and proposing amendments and supplements in the draft Law Amending and Supplementing the 2013 Land Law toward reform of administrative procedures and publicity and transparency in land allocation, land lease, change of land use purpose through auction or not through auction in accordance with the land use master plan; provisions on auction of land use rights after land recovery to ensure the strictness and closeness of the market price and avoid loss of state property; and report them to the Prime Minister in the third quarter of 2017;
e/ Finalize the Government’s draft decree on agricultural insurance for submission to the Government in October 2017;
g/ Draft a decree on electronic invoices and documents for application to the whole economy in 2018 and submit it to the Government in October 2017;
h/ Settle the refund of value-added tax online at level 4 accounting for at least 70% of formalities and 70% of VAT refund dossiers at the end of the fourth quarter of 2017; increase the effectiveness and efficiency of the national single-window mechanism toward inter-connectivity, ensure the connectivity and sharing of information, complete these tasks and report the performance results to the Prime Minister in October 2017;
i/ Assume the prime responsibility for, and coordinate with ministries, sectors and localities in, reviewing types of charges directly related to business expenses to reduce charges and input costs for enterprises and report the implementation results to the Prime Minister in July 2017;
k/ Assume the prime responsibility for, and coordinate with provincial-level People’s Committees in, studying the pilot application of e-invoices and e-invoices with validation codes issued by the tax agency and information connection to manage retail turnovers of business households; to pilot such model in Hanoi and Ho Chi Minh City in 2018.
Direct the tax agency to post on its portal the detailed list of 1,000 largest corporate income tax payers in Vietnam.
l/ Assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and Ministry of Justice in, revising the Securities Law to improve conditions for foreign indirect investment; and complete and submit to the Government a dossier of proposal for drafting the revised Securities Law in the second quarter of 2017.
3. The Ministry of Natural Resources and Environment shall:
a/ Review, evaluate and propose amendments to regulations on land recovery, ground clearance, land allocation, land lease, change of land use purpose, land pricing and land access methods for small- and medium-sized enterprises; review land use master plans or plans to ensure the consistency, transparency and publicity of information and report the results to the Prime Minister in the fourth quarter of 2017;
b/ Promulgate documents guiding the certification of ownership of assets on agricultural land, creating favorable conditions for enterprises to perform procedures for registration of guarantee transactions of bank loans under the Government’s instruction stated in Resolution No. 30/NQ-CP of March 7, 2017, and report them to the Prime Minister in July 2017;
c/ Study and propose breakthrough policies for arranging a land fund for enterprises to invest in production, including considering and solving problems in land recovery in case land is used for business and production purposes through the purchase of land-attached assets and acquisition of land use rights according to plan, and report it to the Prime Minister in the fourth quarter of 2017;
4. The Ministry of Industry and Trade shall:
a/ Assume the prime responsibility for, and coordinate with ministries and sectors in, reviewing and amending regulations on management of commodities with import and export codes, especially those under specialized management; assume the prime responsibility for, and coordinate with related agencies in, finalizing the draft law on foreign trade management in the second quarter of 2017 so as to jointly work out the list of imports and exports subject to management by license, conditions, specific provisions on licenses, conditions for each item and the mode of management of that item, process and procedures, supervision and inspection agency, implementation costs and the application of inter-agency one-stop-shop procedures to remove difficulties for enterprises in import and export procedures;
b/ Assume the prime responsibility for, and coordinate with related ministries and agencies in, expeditiously completing the domestic trade development strategy through 2025, with a vision toward 2035, and report it to the Prime Minister in the third quarter of 2017.
5. The Ministry of Health shall:
a/ Review conditions eligible for founding hospitals toward decentralizing localities to approve the founding of non-public hospitals;
b/ Assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment, Ministry of Industry and Trade and related agencies in, studying and working out a strategy on development of high-quality pharmaceutical industry with a vision toward 2030, with the aim of turning Vietnam into a regional pharmaceutical manufacturing hub and developing domestic pharmacochemical and pharmaceutical ingredient industry; complete this task and report it to the Prime Minister in the first quarter of 2018;
c/ To further tighten food safety management and assurance.
6. The Ministry of Construction shall:
a/ Assume the prime responsibility for, and coordinate with related ministries and agencies and localities in, promptly proposing amendments to regulations on grant of construction licenses and administrative procedures pertaining to construction management activities to reduce time and cost for performing administrative procedures as requested by Resolution No. 35/NQ-CP and Resolution No. 19/2017/NQ-CP. Promptly finalize schemes on modification and addition of the system of construction standards and regulations, norms and unit prices and report them to the Prime Minister in the third quarter of 2017;
b/ Propose the creation of the national portal on urban planning; increase the grant of online construction licenses and report it to the Prime Minister in the fourth quarter of 2017.
7. The Ministry of Justice shall:
a/ Assume the prime responsibility for, and coordinate with relevant ministries and agencies in, improving the quality of opinion contribution, appraisal and examination, handling legal documents in accordance with the 2015 Law on Promulgation of Legal Documents to ensure the promulgation of regulations on necessary, rational, transparent and feasible investment and business conditions and administrative procedures intra vires;
b/ Assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment, Ministry of Construction and State Bank of Vietnam in, further reviewing regulations on registration of security transactions to create conditions for enterprises and individuals to mortgage to borrow bank loans for production and business; complete this task and report it to the Prime Minister in July 2017;
c/ Study amendments and supplements to the Government’s Decree No. 22/2015/ND-CP of May 16, 2015, to facilitate the settlement of bankruptcy of enterprises; instruct and guide the implementation of enterprise bankruptcy declaration decisions under the 2008 Law on Enforcement of Civil Judgements, and report it to the Government in October 2017.
8. The Ministry of Transport shall:
a/ Issue documents guiding and directing the supervision of amounts of tolls actually collected from BOT projects for determining the toll collection period and toll rates; review and immediately settle shortcomings in managing the operation and installation locations of toll booths and toll rates; make public the vehicle flows, turnovers, management expenses, investors’ profit, loan interest and expenses for construction of the projects’ works in July 2017;
b/ Direct the implementation of the roadmap for application of the non-stop electronic toll collection system to all toll booths using Vietnam’s technology under the Prime Minister’s Decision No. 07/2017/QD-TTg of March 27, 2017; and quarterly report on the implementation progress to the Prime Minister;
c/ Issue norms for BOT projects’ operation expenses such as expenses for road maintenance, repair and overhaul, and toll collection management depending on toll collection scale and technology; complete this task and report it to the Prime Minister in the third quarter of 2017.
9. The Ministry of Public Security, Ministry of Industry and Trade and Ministry of Finance shall work closely with one another in strictly handling enterprises committing acts of smuggling, trading in banned and counterfeit goods, trade fraud and tax evasion and violating environment law, and make public such violators on their portals and the Ministry of Planning and Investment’s enterprise support portal.
10. The Ministry of Public Security shall continue reforming administrative procedures, reviewing, modifying and adding regulations on security and order. It shall intensify the prevention and fight of crimes, thus creating a secure, safe and sound environment for enterprises’ production, business and development. It shall direct related forces to conduct inspections at enterprises in accordance with law and only in necessary cases and under decisions of heads of competent police offices. It shall review procedures on certification of safety from fire and explosion, facilitate the participation of domestic enterprises, especially the use of local creative and innovative products, in infrastructure, service and products for fire prevention and fighting; and adopt effective methods to prevent “backyard” enterprises of management agencies in supplying services and goods for fire prevention and fighting.
11. The Ministry of Culture, Sports and Tourism shall:
a/ Review and formulate regulations on building of operation capacity of copyright and related rights protection organizations to protect lawful interests of authors and copyright holders in conformity with international practices, complete this task and report it to the Prime Minister in October 2017;
b/ Assume the prime responsibility for, and coordinate with, provincial-level People’s Committees in, reviewing and adjusting the tourism development strategy and master plan in light of environmental protection; make public tourism master plans to facilitate enterprises’ investment in tourism development; report this task to the Prime Minister in October 2017.
12. The Ministry of Science and Technology shall:
a/ Further implement solutions to support enterprises in technology renovation and application of scientific and technological advances via the national science and technology program and annually report the results to the Prime Minister. To speed up the implementation of the Prime Minister-approved program on intellectual asset development during 2016-2020 under Decision No. 1062/QD-TTg of June 14, 2016, in order to facilitate and promote the registration of intellectual property rights, recognition and announcement of standards and regulations for local creative and innovative products;
b/ Review, modify and add regulations on standards and technical regulations, declaration of standard conformity and the process of assessment of conformity with standards and technical regulations toward raising enterprises’ self-responsibility for the quality of products and imports and exports; simplifying dossiers and procedures for declaration of technical regulation conformity; create a business environment suitable to practical conditions and in line with Vietnam’s commitments in new- generation free trade agreements; intensify post-inspection work, and report these tasks to the Prime Minister in the fourth quarter of 2017;
c/ Study, develop and operate a database system on productivity good practices for enterprises to compare and renovate their operations; complete this task and report it to the Prime Minister in the fourth quarter of 2018;
d/ Vigorously develop the database and state management of barcodes to satisfy requirements of socio-economic development and international integration; disseminate information on barcodes to raise users’ awareness; and submit a decree amending and supplementing a number of articles of Decree No. 132/2008/ND-CP to the Government for promulgation in the third quarter of 2017.
13. The Ministry of Agriculture and Rural Development shall:
a/ Assume the prime responsibility for, and coordinate with the Ministry of Justice in, formulating draft decrees replacing the Government’s Decree No. 202/2013/ND-CP of November 27, 2013, on fertilizer management for submission to the Government in June 2017 and a decree on the handling of administrative violations related to fertilizer (replacing provisions on the handling of administrative violations related to fertilizer in Decrees No. 163/2013/ND-CP and No. 115/2016/ND-CP) under fast-track procedures, and submit them to the Government in the third quarter of 2017;
b/ Draft a decree on state management of organic agriculture according to the fast-track order and procedures for submission to the Government in the fourth quarter of 2017.
14. The Ministry of Information and Communications shall:
a/ Assume the prime responsibility for, and coordinate with relevant agencies in, working out documents guiding and rectifying press agencies’ activities under the spirit of supporting enterprises, and strictly handle activities that cause troubles to and pressures on enterprises, and complete this task and report it to the Prime Minister in July 2017;
b/ Issue monthly directions for media and communication agencies to promote dissemination of information on support for enterprises.
15. The Ministry of Labor, War Invalids and Social Affairs shall review and propose labor and wage policies suitable for labor productivity and social insurance equivalent to the level of the ASEAN-4 group, ensuring the harmony of interests between enterprises and workers, and report this task to the Prime Minister in the fourth quarter of 2017.
16. The Ministry of Education and Training shall review and reduce administrative procedures in licensing investment in education and training so as to encourage enterprises to open universities by dramatically reducing pre-inspection and applying post-inspection on the basis of issuing specific and easy-to-understand and -comply standards and regulations; propose solutions to enhancing universities’ autonomy and self-responsibility, and report this task to the Prime Minister in the first quarter of 2018.
17. The State Bank of Vietnam shall:
a/ Direct commercial banks to step up the implementation of its Decision No. 813/QD-NHNN of April 24, 2017, on the lending program to encourage the development of hi-tech and clean agriculture under the Government’s Resolution No. 30/NQ-CP of March 7, 2017; coordinate with the Ministry of Agriculture and Rural Development in monitoring the provision of loans under the program, and report the results to the Prime Minister in the third quarter of 2017;
b/ Continue reviewing and proposing appropriate solutions to support enterprises in capital access; direct credit institutions to actively study and work out credit programs and packages with rational interest rates, simplify and make procedures on loan provision transparent, promote and diversify banking products and services to improve capital access for enterprises through the programs on support for enterprises, especially small and medium-sized ones, carried out by the Government and related ministries and agencies, and report the results to the Prime Minister in the third quarter of 2017;
c/ Continue directing its provincial-level branches to effectively implement the enterprise-bank connection program and the Government’s and its credit programs to timely remove difficulties for enterprises.
18. The Government Inspectorate shall assume the prime responsibility for, and coordinate with the State Audit Office of Vietnam in, reviewing and amending or proposing amendments to inspection and audit regulations in legal documents on inspection and audit in order to avoid overlap and repetition in inspection and auditing activities that cause troubles and difficulties to enterprises’ production and business activities; and report the implementation results to the Prime Minister in the second quarter of 2017.
19. The Vietnam General Confederation of Labor shall:
a/ Study and develop a scheme to launch a “say no to negative phenomena” movement among cadres, civil servants and public employees; and submit it to the Government in the first quarter of 2018;
b/ Actively implement solutions to develop industrial relations to ensure harmony, stability and progress in enterprises.
20. Ministries, ministerial-level and government-attached agencies and provincial-level People’s Committees shall:
a/ Thoroughly grasp and strictly implement the Prime Minister’s Directive No. 13/CT-TTg of June 10, 2015, enhancing the responsibility of heads of state administrative agencies at all levels for administrative procedure reform. Timely and strictly handle agencies and units for their lack of responsibility, slowness and harassment in settling administrative procedures in order to ensure lawful rights and interests of people and enterprises;
b/ Promptly review and amend or propose amendments to regulations on investment and business under their management to ensure their consistency with the Investment Law and Business Law, simplify investment and business conditions toward transparency, convenience and reduction of compliance costs for people and enterprises. Review and concretize business regulations and conditions according to business scale and report these tasks to the Prime Minister in the third quarter of 2017;
c/ Reach consensus among state management agencies on how to give guidance to enterprises on the same issue without causing difficulties and disadvantages to the latter; issue guidance for enterprises to comply with procedures and regulations in an easy-to-understand and easy-to-be-carried-out manner;
d/ Further step up the application of information technology to the provision of public services by state administrative agencies in association with e-payment mode;
dd/ Seriouly implement the Prime Minister’s Directive No. 13/CT-TTg of April 4, 2017, accelerating the use of locally made materials and goods in bids for state budget-funded development investment projects and regular procurement activities and Decision No. 58/2016/QD-TTg of December 30, 2016, on proactively speeding up the reorganization and equitization of state enterprises;
e/ Coordinate with the Ministry of Home Affairs in reviewing the function and tasks of providing public services under its management, proposing a roadmap for the pilot transfer of a number of appropriate public services to business associations and professional associations, and report this task to the Prime Minister in the third quarter of 2017;
g/ Boost the implementation of the Prime Minister’s Directive No. 16/CT-TTg of May 4, 2017, on building capacity to access the 4th
industrial revolution; focusing on training in basic skills and knowledge, creative thinking and adaptability to respond to the 4th
h/ Thoroughly grasp and strictly comply with the Prime Minister’s Directive No. 20/CT-TTg of May 17, 2017, on rectifying examinations and inspections of enterprises;
i/ Provincial-level People’s Committees shall create a mechanism for earmarking land for small- and medium-sized enterprises in industrial parks and clusters and economic zones.
II. ORGANIZATION OF IMPLEMENTATION
1. The Deputy Prime Minister cum Head of the Steering Committee for Renovation and Development of Enterprises shall issue general instructions; Deputy Prime Ministers assigned to be in charge of sectors and fields shall direct ministries, ministerial-level agencies, government-attached agencies and related provincial-level People’s Committees to implement this Directive.
2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees shall, within the ambit of their assigned functions and tasks;
a/ Thoroughly grasp the main objectives and principles of Resolution No. 35; further direct the timely and effective implementation of the solutions and tasks set out in the Resolution; prepare detailed action programs to implement Resolution No. 35 in accordance with this Directive;
b/ Train cadres, civil servants and public employees to raise their qualifications and public-service ethics to ensure that they have sufficient qualities and capabilities to effectively perform their tasks under the spirit of supporting enterprises; stop harassing and troubling attitudes among a portion of officials; apply stringent disciplinary forms to violators;
c/ Direct and regularly inspect and supervise the timely implementation of the objectives, tasks, solutions and reporting regime stated in this Directive;
d/ Timely summarize enterprises’ petitions, difficulties and problems in the sectors, fields and localities under their management for settlement or referral to competent agencies for handling.
3. The Vietnam Chamber of Industry and Commerce and other business associations shall:
a/ Raise the quality of the independent and objective summarization and analysis and send proper proposals to the Government Office and the Ministry of Planning and Investment for timely settlement in coordination with agencies, ministries and sectors;
b/ Develop specific and feasible programs and measures to further improve the quality of their operation and effectively play the role of representatives of the business community, entrepreneurs and employers in Vietnam;
c/ Coordinate with the Ministry of Planning and Investment and related ministries, sectors, localities and agencies in formulating and organizing the implementation of support programs and projects to raise the competitiveness of enterprises and of programs to build capacity for business associations;
d/ The Vietnam Chamber of Commerce and Industry shall:
- Continue gathering petitions and grasping difficulties and problems of enterprises, clearly identify and analyze foundations and relevant documents for making settlement proposals; monthly report to the Prime Minister and quarterly report to the Government and make public on its website the situation and results of implementation;
- Review the implementation of the commitments signed between provincial-level People’s Committees and the Chamber and quarterly report to the Prime Minister and publicize the results on its website.
- Launch the “Vietnamese goods convince Vietnamese people” movement and mobilize enterprises to say no to negative phenomena.
dd/ Business associations shall take the initiative in evaluating and grasping the situation and trend of development of enterprises to make recommendations on the issue to the Ministry of Planning and Investment for summarization, proposal of solutions and formulation of policies for submission to the Prime Minister;
e/ Business associations are encouraged, based on their prescribed functions and tasks, to proactively and actively formulate programs, schemes and solutions to remove difficulties and problems for and raise the operation efficiency of their member enterprises, thus contributing to national socio-economic development. Accordingly, in the immediate term, the Vietnam Association of Small-and Medium-Sized Enterprises is requested to take part in studying and preparing the schemes on:
- Solutions to mobilize internal resources among the people to serve socio-economic development.
- Supporting business households to transform into businesses.
- Solutions to connect large, FDI and foreign enterprises with small- and medium-sized enterprises and promote their support to the latter to participate in domestic and international value chains.
4. The Ministry of Information and Communications shall promote the dissemination of this Directive and enterprise development policies.
5. Ministries, ministerial-level agencies, government-attached agencies, and provincial-level People’s Committees shall promptly perform their tasks assigned in this Directive to timely remove difficulties for enterprises; proactively, drastically and effectively direct the performance of their assigned tasks in 2017-2018 and report on the performance of the tasks according to the assigned schedule, avoiding unclear reporting on performance results and progress, and make assessments of the impacts of the tasks and solutions via the business community’s feedback.
6. Provincial-level People’s Committees shall quickly set up hotlines on their websites in the third quarter of 2017 to receive and settle problems and difficulties for enterprises.
7. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Steering Committee for Renovation and Development of Enterprises and relevant ministries and agencies in, further reviewing, urging, inspecting and evaluating ministries, sectors and localities’ implementation of Resolution No. 35 and this Directive; and quarterly summarize and report on the implementation to the Government.-
NGUYEN XUAN PHUC