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THE
GOVERNMENTAL PRIME MINISTER
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No:
419/QD-TTg
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Ha
Noi, April 11, 2012
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DECISION
APPROVAL
OF THE SCHEME OF STATE MANAGEMENT INNOVATION FOR ENTERPRISES AFTER THE
ESTABLISHMENT REGISTRATION
GOVERNMENTAL PRIME MINISTER
Pursuant to the Law on
Organization of Government dated December 25, 2001;
Pursuant to the Business Law
dated November, 2005;
Considering the proposal of
the Minister of Planning and Investment,
DECIDES
Article 1. Approval of
the scheme of state management innovation for enterprises after the
establishment registration with the main contents as follows:
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a) Objectives: Improving the
effectiveness and effect of the work of state management for enterprises after
the establishment registration; enhancing the legal compliance and minimizing
and preventing the state of legal violation of enterprises
b) The principles of state management
innovation for enterprises
- Ensuring the business freedom
of enterprises in accordance with the requirements of socialist -oriented
market economy development, with the domestic law and international practice.
- Performing the State
management over enterprises by law to enhance the effectiveness and effect of
the work of the State’s inspection and supervision.
- The responsibility of the
state management over the enterprises must be clarified associated with the
functions and duties of each specific state management agency. The state
agencies manage the enterprises in each area of operation and business of
enterprises. The multi-sectorial enterprises are managed by many state
agencies, each agency is responsible for the management of the operation of
enterprises in each area of respective specialty.
The state management over the
enterprises should be linked to the enterprise monitoring activity of other
entities to encourage and promote the role of monitoring and supervision of the
intra-enterprises, inspecting and monitoring by the creditors, customers,
associations, society and the community over the operation of the enterprises.
2. The key solutions
a) The group of innovative
solution of enterprise monitoring model after the establishment registration in
the direction to promote the role of the society and other entities in order to
support the State in the management and supervision of enterprises:
- Developing information system
on enterprises nation-wide, strengthening the connection and online exchange of
information on enterprise registration between the business registration
agencies, market management, tax, customs , statistics and inspection ... as a
tool to manage, supervise, handle violations of enterprises; expeditiously
perfecting the mechanisms, policies and information technology so that the
information system of national enterprise registration is able to be the hub to
provide legal information on the enterprise registration, building the
registration portal for the national enterprise registration to publicize the
data on enterprise registration in accordance with the law in order to reduce
risks for enterprises in economic transactions to help them operate more
transparently and safely.
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Strengthening the work of
information and communication on the state management over the enterprises
after the establishment registration as well as the law on enterprise in order
to improve the understanding and sense of legal compliance of enterprises;
regularly organizing dialogues between the State management agencies with
enterprises; enhancing refresher courses and training of specialized knowledge
on the Enterprise Law, Law on investment and the law on conditional business
lines for enterprises; directly advising enterprises at the state management
agencies, via phone and internet…, setting up hotlines to receive feedback on
the violation of the enterprises at the People's Committee of districts and
provincial-run cities.
b) The group of innovative
solution of the work of building the enterprise law:
Perfecting the general legal
framework system on business in line with the market mechanism
Organizing the timely building
of legal normative documents for the implementation guidance.
Amending and supplementing the
Investment Law and Enterprise Law, perfecting the guiding documents on the
establishment, organization, internal management, dissolution and
transformation of enterprise in the direction of respecting the business
freedom of the people and simplifying the administrative procedures in order
for the enterprises to enter and withdraw from the market easily.
Perfecting the general legal
framework for the bankruptcy for the types of enterprise; modifying and
finalizing the regulations on the order and enterprise bankruptcy procedures in
the direction of simplifying and shortening the duration to implement the
enterprise bankruptcy.
Perfecting the legal regulations
on economic contracts, commercial act and antitrust in the economy, the labor
standard, salary; social responsibility of enterprises; insurance policy and
social security.
Developing the mechanisms of
promulgation and controlling the regulations on the conditioned business lines:
Reviewing, aggregating and
systematizing the conditioned business lines; publicizing and transparentizing
the areas and conditioned business lines to direct the enterprises, investors
and people to fully comply with the business conditions as regulated when
participating in these lines; annulling the regulations that do not truly
reflect the reality with the higher cost of implementation than the efficiency
obtained; respecting the business freedom of the people.
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Perfecting regulations on
inspection, verification and handling of violations
Perfecting the legal system of
inspection, verification and supervision of enterprises’ operations after the
establishment registration; amending, supplementing and perfecting the system
of regulation on sanctioning and handling administrative violation deterrent
enough for enterprises’ violations; enhancing the regulations on compulsory
implementation of sanctioning decision on enterprises’ administrative
violations
Strengthening the enforcement
and administrative measures for officials who do not comply with the law on
enterprises, taking advantage of the state power to make it difficult for the
enterprises.
c) Group of solutions to improve
the efficiency and effect of the state management machine for the enterprises
after the establishment registration:
Clearly specifying the power and
responsibilities of the state agencies in enterprise management after the
establishment registration
Promulgating specific
regulations on coordination among the state management agencies from the
central to local authority in implementing the tasks of the State management
over enterprises after the establishment registration in the direction of
enhancing the effect and efficiency in accordance with the regulations of law
without overlapping and causing inconvenience to the enterprises.
Thoroughly applying information
technology in the work of business registration, exchange of information among
the State management agencies; focusing on perfecting the national database on
business registration, leading to connect online and share legal data on enterprises
from this database to the other state management agencies; broadly announcing
and publicizing information on business registration for the access of all
enterprises and people.
Enhancing the capacity and
strengthening the organization of the system of agencies and units undertaking
the tasks of inspection and verification over the enterprises at all levels and
sectors, to ensure both quality of inspection, verification and supervision and
limitation of discrimination phenomenon and harassment to cause difficulties
for enterprises.
Organizing the training classes
to foster and enhance skills, specialized knowledge of the cadres undertaking
the work of state management for enterprises at all levels.
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1. The Ministries: Planning and
Investment, Finance, Internal Affairs, Science and Technology, Public Security,
Labour - Invalids and Social Affairs, Culture, Sports and Tourism, Justice,
Industry and Trade, Governmental Inspectorate basing on the approved contents
in Article 1 of this Decision will coordinate with the relevant Ministries and
sectors concerned to implement the Program of the state management innovation
for enterprises after the establishment registration in the Appendix
promulgated together with this Decision.
2. The Ministries,
ministerial-level agencies, within the functions and duties of their state
management:
a) Monitoring, verifying and
aggregating to make report to the government every 6 months periodically on the
observance of legal regulations of the enterprises, grasping and promptly
making timely report on the acts of legal violation that cause serious
consequences for society.
b) Publicizing administrative
procedures relating to the enterprises, publicizing information on the act of
legal violation of the enterprises.
c) Performing the inspection,
verification, monitoring and sanction to the enterprises with legal violation
in the area under the scope of functions and tasks of the state management.
3. The People’s Committees of
central-run cities and provinces are responsible for:
a) Organizing the implementation
of the state management over the enterprises after the establishment
registration as prescribed by law; monitoring, verifying, supervising and
aggregating the situation of enterprise management after the establishment
registration on the scope of localities.
b) Making report to the
Government, Ministries, ministerial-level agencies on the issues arising in the
actual implementation of work of the state management for enterprises at the
localities to promulgate policies and remedial measures in a timely manner.
c) Closely coordinating with the
State management agencies in the Central in building and promulgating policies,
mechanism and law on the business activities of enterprises.
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dd) Intensifying the work of
dialogue with the people, directly recognizing and handling the opinions and
reflections of the enterprises, the enterprise managers on the issues of
inadequacies in the work of the state management for the enterprises after the
establishment registration or making the proposal to the competent state
agencies for the timely remedy and handling.
Article 3. This Decision
will take effect from the signing date.
Article 4. The Ministers,
Heads of ministerial-level agencies, Heads of governmental agencies, Chairmans
of People’s Committee of central-run cities and provinces are liable to execute
this Decision./.
PP.
PRIME MINISTER
DEPUTY PRIME MINISTER
Vu Van Ninh
APPENDIX
PROGRAM
OF STATE MANAGEMENT INNOVATION FOR ENTERPRISES AFTER THE ESTABLISHMENT
REGISTRATION
(Promulgated together with Decision No. 419/QĐ-TTg dated April 11, 2012 of
the Governmental Prime Minister)
No.
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Presiding agency
Coordinating agency
Form of document
Completion time
1
Modifying the Enterprise Law
and Law on Investment in the direction of clearly defining state management
functions for enterprises and the state management function for investment
projects; amending and supplementing and perfecting the regulations on
dissolution; the regulations on business management practices by the practice
of market economy
Ministry of Planning and
Investment
Ministries, sectors and
localities
- Law amending and
supplementing some articles of the Enterprise Law
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Quarter III/2013
2
Amending and supplementing
Decree No. 53/2007/NĐ-CP dated April 04, 2007 and Decree No. 62/2010/NĐ-CP
dated June 04, 2010 of the Government stipulating the sanction of
administrative violation in the field of planning and investment in the
direction of increasing sanctioning level of administrative violation to
ensure strong sanction.
Ministry of Planning and
Investment
Relevant agencies
Decree supersedes Decree No.
53/2007/ND-CP and Decree No. 62/2010/ND-CP
Quarter IV/2012
3
Perfecting mechanisms and
policies, and information technology platform for information system of
national registration of enterprises so that the information system of
national enterprise registration is able to be the hub to provide legal
information on the enterprise registration
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Relevant agencies
Decision of the Minister of
the Ministry of Planning and Investment stipulating regulation on management
and operation of the information system of national enterprise registration
Quarter IV/2012
4
Reviewing, summing up and
systematizing the conditioned business lines
Ministry of Planning and
Investment
Relevant ministries and
agencies
Report of Ministry of Planning
and Investment
Quarter III/2013
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Scanning and proposing
measures to handle the enterprises that registered for establishment but not
registered for tax or stopped implementing tax obligations without or not to
carry out procedures for dissolution or bankruptcy
Ministry of Finance
Ministry of Planning and
Investment
Report to Governmental Prime
Minister
Quarter III/2012
6
Studying and making Circular
guiding the Decree stipulating the administrative handling of the act of
using enterprise name infringing industrial property
Ministry of Science and
Technology
Relevant agencies
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Quarter III/2012
7
Studying and building Circular
guiding the enterprise naming in order not to violate historical traditions,
culture, ethics, habits and customs of the nation and the use of celebrity
names for the name of enterprise
Ministry of Culture, Sports
and Tourism
Ministry of Planning and
Investment
Circular of Ministry of
Culture, Sports and Tourism
Quarter III/2012
8
Studying and making Decree
stipulating the identification of the enterprise founder and manager
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Relevant agencies
Decree of government
Quarter IV/2012
9
Studying, making and reporting
to the Government on measures to ensure security and healthy development,
sustainability of the enterprises after the establishment registration .
Ministry of Public Security
Relevant agencies
Report to government
Quarter III/2012
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Studying and making plan
against falsification of dossier and signature
Ministry of Public Security
Ministry of Justice
Report to Governmental Prime
Minister
Quarter IV/2012
11
Studying and making
Regulations on form coordination between the authorities of the provincial
People's Committee in state management for enterprises after the
establishment registration .
Ministry of Internal Affairs
Ministries, sectors and
localities
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Quarter III/2012
12
Making Circular stipulating
standards of business registration official, personnel organization of
business registration agency at provincial and district levels.
Ministry of Internal Affairs
Ministry of Planning and
Investment, provincial, municipal People’s Committees
Circular of Ministry of
Internal Affairs
Quarter IV/2012
13
Perfecting the supplement of
regulations on social insurance, health insurance in order to promote
business responsibility in the implementation of the social security
regulations for the laborers; the management mechanism of the social
insurance premium payment for all types of enterprise
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Ministry of Health, Vietnam social insurance
Circular of Ministry of
Labour, War Invalids and Social Affairs
Quarter IV/2012
14
Coordinating with relevant
ministries and sectors to effectively implement the Decision No. 585/QD-TTg
May 5, 2010 of the Prime Minister approving the program on interbranch legal
support for enterprises in the period 2010 - in 2014.
Ministry of Justice
Relevant agencies
Summary report of the middle
and final stage submitted to the Government
Quarter I/2013
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15
Making the scheme of
sanctioning regulation system scanning for enterprises.
Ministry of Justice
Relevant agencies
Scheme submitted to the Prime
Minister
Quarter III/2012
16
Making the scheme of
completion of the legal framework on state trading in accordance with the
Commercial Law.
Ministry of Industry and Trade
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Scheme submitted to the Prime
Minister
Quarter IV/2012
17
Making Decree of the
Government concerning inspection and verification of enterprises
Governmental Inspectorate
Relevant agencies
Decree of government
Quarter II/2013