THE
PRIME MINISTER OF GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
------------
|
No:
28/2001/CT-TTg
|
Hanoi,
November 28, 2001
|
DIRECTIVE
ON FURTHER
CREATING FAVORABLE BUSINESS ENVIRONMENT FOR ENTERPRISES
Over the past 2 years since the Enterprise Law
took effect, the production and business environment has been considerably
improved. The Government has made one step forward in the administrative
reform, especially in the fields of business registration and customs
procedures; abolished many licenses which obstruct enterprises production and
business activities; promulgated various mechanisms and policies for investment
and export promotion, credit mechanism and tax policy perfection, thus creating
favorable conditions for investment and development of production and business
of all economic sectors.
However, the promulgated policies remain
incomplete and sometimes made without harmony among agencies, thus causing
difficulties to enterprises activities. In the course of implementation, the
provisions of legal documents have not been strictly observed here and there or
now and then, giving rise to complaints and even some cases which have been
left unsolved for a long time, affecting the State’s managerial work as well as
production and business results and prestige of enterprises.
With a view to further removing difficulties and
creating favorable conditions for enterprises of all economic sectors to
develop their production and business in the spirit of the Resolution of the
Ninth Party Congress; contributing to the fulfillment of the 2001 and 2002
plans, the Prime Minister hereby instructs:
1. The Ministry of Planning and
Investment:
- To coordinate with the Working Team for
enforcement of the Enterprise Law and the ministries, branches as well as
localities in continuing to revise the promulgated documents and submit to the
competent authorities for annulment or amendment and/or supplement the
documents which no longer conform to the Enterprise Law and cause difficulties
to enterprises production and business activities.
- In December 2001, to submit to the Prime
Minister for promulgation the decree on sanctioning administrative violations
in business registration.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- To soon connect the enterprise information
network of the provincial/municipal business registration agencies with the
Ministry’s Enterprise Information Center.
2. The Ministry of Finance:
- Before March 2002, to study and additionally
promulgate a detailed list of taxes on import/export goods with appropriate tax
rates. For raw materials and accessories which cannot be produced at home yet
and must be imported and which account for high proportion in production, the
appropriate tax rates are required, avoiding the situation where import tax
rates for finished products are lower than those for raw materials or assembly
accessories.
- To amend the mechanism and time limit for the
refund of value added tax to enterprises, especially medium- and small-sized
enterprises, and enterprises manufacturing low-value goods so that the use of
enterprises capital shall not be affected.
- In the course of elaborating the scheme on
amending and supplementing several tax laws for submission to the National
Assembly, it is necessary to study and amend the value added tax rates to be
suitable to each type of goods so as to encourage domestic investment as well
as production and business development.
- To submit to the Government the plan on handling
the enterprises outstanding debts. Before March 2002, to submit to the Prime
Minister the scheme on setting up a company for sale and purchase of debts and
assets of the State enterprises.
- In the first quarter of 2002, to submit to the
Government the financial management mechanism applicable to people - founded
enterprises, especially to amend the financial report form issued together with
Decision No. 167/2000/QD-BTC of October 25, 2000, ensuring the State management
on the one hand and the simplicity for implementation by enterprises on the
other hand.
3. The Ministry of Trade:
- To coordinate with the Ministry of Planning
and Investment and the concerned ministries and branches in applying export
promotion measures mentioned in the Government’s Resolution No. 12/2001/NQ-CP
of November 2, 2001 on its October 2001 regular meeting.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- To direct the market management bodies to more
effectively preclude the production and circulation of fake and contraband
goods.
- To coordinate with the General Customs Department
in revising documents guiding the implementation of Decree No. 20/1999/ND-CP of
April 12, 1999 on commercial provision of goods-assessment services in order to
amend and/or supplement inconsistent points.
4. The State Bank of Vietnam to study the
mechanism for simplifying the lending procedures for people-founded
enterprises, especially for export goods-producing enterprises, so as to create
favorable conditions for them to have access to credit capital sources.
5. Before March 2002, the Government Commission
for Organization and Personnel shall study and submit to the Prime Minister the
Regulation on the establishment and operation of branch and trade associations,
provided that such associations not only represent enterprises but also play
the role of negotiating and regulating the production scope, prices, product
quality and market distribution,...
6. The Ministry of Public Security to direct the
economic security force, the economic police and the investigation police in
reorganizing the work of examination and investigation without criminalization
of errors in economic transactions.
7. The Ministry of Finance, the State Bank of
Vietnam and the General Department of Customs to express in writing the
comments made by representatives of the above-said agencies at the meeting
between the Prime Minister and enterprises on September 13 and 14, 2001,
including explanations of mechanisms and policies, as well as views on handling
of specific cases, then publicly announce them for enterprises to have basis
for implementation.
8. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People’s Committees of the provinces and
centrally-run cities to organize the strict implementation of the Prime
Minister’s Directive No. 22/2001/CT-TTg of September 11, 2001 on reorganizing
the work of inspection and examination at enterprises.
9. The ministries, branches and localities:
- To expeditiously revise, according to their
respective managerial functions and tasks, mechanisms and policies related to
production and business activities of enterprises. According to their
respective competence, to take initiative in amending, supplementing or
promulgating new mechanisms along the direction of removing difficulties and
creating favorable legal framework for enterprises to develop their production
and business. In the course of compilation of mechanisms and policies relating
to enterprises activities, the compiling agencies must necessarily gather
comments from enterprises through Vietnam Chamber of Commerce and Industry.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
10. The Ministry of Justice to coordinate with
the Government Office in well organizing the propagation of laws for
enterprises to know, understand and implement them. The ministries, branches
and localities must, when promulgating legal documents, publicly announce them
on the mass media so that enterprises can have access thereto.
The heads of the ministries and branches and the
presidents of the People’s Committees of the provinces and centrally-run cities
shall be held responsible before the Prime Minister for the delay in amending
and/or supplementing inappropriate mechanisms and policies, for promulgating mechanisms
and policies contrary to law provisions, causing obstacles to enterprises
production and business development, or for failing to definitely settle
enterprises complaints, or settling them in contravention of law provisions.
All damages caused by State agencies to enterprises of all economic sectors
must be compensated for according to law.
The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People’s Committees of the provinces and
centrally-run cities shall have to implement this Directive.
PRIME MINISTER
Phan Van Khai