Report on a performance of the Resolution No. 35 / NQ-CP in October, 2019
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CHAMBER OF COMMERCE &
INDUSTRY OF VIETNAM
No: 2716/PTM – KHTH
Report on a performance
of the Resolution No. 35 / NQ-CP
in October, 2019
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Hanoi, 16thNovember 2019
TO: THE GOVERNMENT’S PRIME MINISTER
Carrying out the tasks assigned by the Government’s Prime Minister in the Resolution 35 / NQ-CP dated May 16, 2016 of the Government on supporting and developing enterprises till 2020, the Vietnam Chamber of Commerce and Industry (VCCI) would like to announce areport on the performance of assigned tasks in October 2019, specifically as follows:
I. Implementation of assemblageand response to businesses’ recommendations by ministries, branches and localities
1. Implementationof assemblage,response and business’ recommendations resolution in October 2019
2. Summarizing in October 2019, the VCCI had 77 new recommendations of businesses and business associations sent to 18 ministries, branches and localities. By the end of October 31, 2019, there were 24 recommendations answered, while 53 recommendations unanswered, in which, the number of recommendationswere overdue to answer was 18, accounting for 34%, the remaining 35 recommendationswere still in due to study for answer. The Ministry of Planning and Investment was the unit that responded most positively to the month, the Ministries of Labor, Invalids and Social Affairs; Natural Resources and Environment, Ho Chi Minh City People's Committee were ministries, branches and localities that had many overdue recommendationsnot answered.
Details of data and contents of new recommendations were presented in Appendix 1 and Appendix 2 attached to the report. The deadline for resolving a recommendationwas calculated by the VCCI according to the deadline requested by the Government’s Office in the official dispatch to the ministries, branches and localities.
The main contents of the recommendations of enterprises and business associations mainly requests guidance of the provisions of law for implementation. There are also a number of recommendations on legislation and some specific cases of businesses. Some key contents are as follows:
- The Ministry of Finance received 17 recommendations from the enterprise and be the ministry that received the most recommendations in the month ( in which 4 recommendationsanswered, remaining 13 recommendations were not answered, none of these recommendationswere overdue). The basic contents of the recommendations include: Determining the time of recording turnover in the service of introducing Vietnamese to settle abroad; guiding hiring consultants to determine specific land prices, payment and expenses settlement; scope of determining taxable income for foreigners working in Vietnam; guiding practice and settlement of science and technology projects; regulations on stock brokerage activities; procedures for requesting a tax identification number; guiding the value of customs and contractor taxes; ...
+ The Nikel Ban Phuc Mining Co., Ltd. had a written document commented to the Circular amending and supplementing the Circular 44/2017 / TT-BTC "stipulating the price bracket for calculating royalties for groups and types of natural resources, chemistry was the same ”. The Company believed that this draft amendment to the Circular 44/2017 / TT-BTC (with the opinion of the Cao Bang People's Committee), the Company recognized the price frame of royalties tax for nickel minerals as mentioned in the draft was still very high on the condition of ore mining. Therefore, the Company proposed a price bracket for calculating royalties on nickel ores to the Ministry of Finance.
+ The Binh An Real Estate Investment and Development Joint Stock Company, the Nha Rong Investment and Trading Joint Stock Company and RC12 Investment Joint Stock Company requested the Government to review Article 8, Point 3 of the Decree 20/2017 / ND-CP of the Government. The Government issued on February 24, 2017 providing principles for deducting reasonable expenses for associated transactions. From the companies' point of view, as the Clause 3, Article 8 of the Decree 20/2017 / ND-CP stipulated that the interest expenses incurred in the period of the Company would only be deducted when determining the income subject to corporate income tax. did not exceed 20% of the total net profit from business activities plus interest expenses and amortization expenses during the period of the Company, so these companies were excluded interest expenses made by the Company. The increase in virtual profit leads to an increase in the Company's corporate income tax amount and must be paid according to profit, which caused damage to the company.
+ The Kingmo New Materials Vietnam Co., Ltd proposed that the Bac Ninh Customs Sub-Department issued a decision to impose tax on 61 declarations of exported products declared from imported raw materials declared in the form of export production since September 1, 2016. The company believed that the change in tax policy in the Circular 38/2015 / TT-BTC and the Decree No. 134/2016 / ND-CP from September 1, 2016 has not been updated by the customs authorities to declare customs, tax return properly. It was also because there was no guidance from Bac Ninh Customs and the lack of updating of new policies of the company. Since September 1, 2016, when there was a Decree 134/2016 / ND-CP, all clearance of raw materials import and export products of the company were still smooth, the customs authorities still allowed normal customs clearance and the selling price of exported products of the company had absolutely no tax elements in it. Now the customs office issued a decision to retrospectively retrospect export tax, making the company in a very difficult situation.
- Ministry of Planning and Investment received 18 recommendations (in which 9 recommendations were answered, remaining 9 recommendationwere not answered, in which 7 recommendations were in due, 2 recommendations wereoverdue). The basic contents requested by the Ministry to guide the implementation of policies and laws include:
+ Guidedthe law on bidding regarding the following contents: Handling situations in contractor selection; competence of the chief of representative office to sign and stamp the representative for the bidding package; plannd to select a contractor in the investment preparation stage; procured materials and equipment for construction of the winning tender package and handing over the contract performance; how to evaluate similar contracts in bidding dossiers of design consultancy participating in work construction supervision bidding packages; identified"authorized persons" in accordance with the Law on Bidding; branches of auditing firms that received audit contracts ...
+ Guided the implementation of the law in a number of other contents such as: Requesting additional services for transport equipment industries; Amended Clause 2, Article 18 of the Law on Enterprises 2014required a judicial record card; conditions for converting 100% foreign-invested schools and colleges into 100% foreign capital; wrote the code of the industry in the file on establishing the enterprise; The authorized person was not allowed to authorize another person…
- The Ministry of Labor, War Invalids and Social Affairs received 9 recommendations from the enterprise (answered 2 recommendations, remaining 7 recommendations werelnot answered, in which 5 recommendations were in due to answer, 2 recommendations were overdue). The contents of the recommendations were suggested to guide the implementation of the law on: Guiding redundancy regime for employees and managers when conducting equitization; payment time of wages for unused annual leave days of employees; provided instructions on outsourcing to security service businesses; proposed to increase overtime from 200 hours to 400 hours / year; signing labor contracts with people who have worked at the company; sick leave; sick leave without a doctor's note…
- The Ministry of Construction received 5 recommendations from enterprises (answered 3 recommendations, remaining 2 recommendations were not answered, there were no overdue recommendations). The contents of the recommendations are suggested to guide the implementation of the law on: guiding procedures for making dossiers of application for construction operation capability certificates; guiding the adjustment of the contract price for the package contract when adjusting the alignment position compared to the approved construction drawing design; payment and calculation of general item costs for package contracts; guidelines on transfer of ownership of apartment sales ....
- The Ministry of Natural Resources and Environment received 6 recommendations from enterprises (answered 2 recommendations, remaining 4 recommendations, in which there were 1 recommendation in due, 3 recommendationswere overdue). The contents of the recommendations include: Guiding projects eligible for exemption from registration of environmental protection plans; mortgage of land use rights of economic organizations that are allocated or leased land but partially exempted; applying the royalty calculation price to calculate the fee for granting water exploitation right; guiding the preparation of EIA for projects using imported scrap as raw production materials; guidelines for preparing dossiers of application for water surface exploitation permits ...
- The Ho Chi Minh City People's Committee received 3 recommendations from the businesses but all recommendations were not answered. All of these recommendationswere overdue. The contents of the recommendations include: proposals for guidance on procedures for adjusting business registration certificates; guiding the time for processing dossiers of application for setting up retail establishments; proposal to be prepared for pre-feasibility study of Thu Thiem pedestrian bridge in Ho Chi Minh City.
- Implementation of recommendation response by ministries, branches and localities from beginning of the year to October 31, 2019:
In October 2019, the VCCI received 67 written responses to business recommendations from 11 ministries, sectors and localities (an increase of 9 documents compared to September 2019). These documents were fully posted on VCCI's website as prescribed in the Resolution 35. (Details in Appendix 3 attached to the report)
Despite receiving quite a large number of recommendations, the Ministry of Planning and Investment; The Ministry of Finance responded to enterprises' recommendations promptly, in which, the Ministry of Planning and Investment is the Ministry that responds fairly quickly and the number of overdue recommendations responds less than the total number of recommendations received. A number of ministries and branches responded slowly to recommendations such as the Ministry of Labor, War Invalids and Social Affairs; the Ministry of Natural Resources and Environment; the Ho Chi Minh City People's Committee, ...
Through the monitoring of the VCCI, from January 1, 2019 to the end of October 31, 2019, 158 recommendations of enterprises and business associations not answered by ministries, branches and localities. Some recommendations backloged since the beginning of the year but they were not resolved.
Details of unanswered recommendations and responsibilities of ministries, branches and localities are presented in Appendix 1, Appendix 2 and Appendix 4 attached to the report.
The Government’s Office is requested to continue directing the ministries, branches and localities to definitely reply to enterprises' recommendations, especially those outstanding from the beginning of the year, such as the Ministry of Labor, War Invalids and Social Affairs; the Ministry of Natural Resources and Environment; the Ho Chi Minh City People's Committee ...
II. THE IMPLEMENTATION OF THE VCCI'S RESOLUTION 35 / NQ-CP
- In October 2019, the VCCI implemented the following tasksassigned:
Implementation of activities that contributed to administrative reform, created favorable conditions for enterprises; created a favorable environment to support startups and businesses to innovate; ensured the right to business and equal access to business resources and opportunities; reduced business costs for businesses and protect their legitimate rights and interests:
Coordinated with relevant ministries, branches, agencies and international organizations to organize forums, seminars, conferences, seminars, etc. to advise the Party, the State, and comment on relevant policies and laws to businesses, entrepreneurs and economic development sectors, localities, foreign ... as:
+ Organized the Forum "The role of enterprises in economic development in the North Central region" in Hanoi. The forum was attended by leaders of ministries, central and local governments, organizations, associations, businesses, domestic and foreign experts, representatives of the Planning and Investment Departments and the First Promotion Center. from provinces and cities in the North Central Coast economic region. At the forum, economic experts analyzed and identified bottlenecks, policy implications, proposed solutions to enhance investment resources from enterprises, and increased motivation to promote regional economic development of North Central.
+ Coordinated the implementation of the Green Enrollment Program 2019. With the message "Every business initiative for the community will be a small swallow to bring hope and positive change for society", the program is held periodically. Every 2 years, in order to find and honor business initiatives for the community. The Green Enables Program 2019 was implemented nationwide, attracted 160 business initiatives that were contributing to community change. Gala Honoring Business Initiatives for Sustainable Development - The Green Enforcement Award 2019 was held in Hanoi, honoring the best innovations, making a positive contribution to the environment and responding to variables. climate change, supported the development of green agriculture and business for the community ...
+ Organized symposium "Vietnamese law is ready for integration?" In Hanoi. The seminar attracted more than 100 delegates who are experts from state agencies, industry associations, businesses, international organizations and numerous press agencies ... to discuss the issues. : challenges in the process of perfecting the legal system of business to meet the requirements of the integration process; The pre-promulgated policy impacted assessment. With practical comments from businesses and experts in the Workshop, they gave an honest and comprehensive view of business law, contributing to the completion of Vietnamese laws and regulations. for integration.
+ Organized seminars to contribute ideas to the draft Law on Mediation, dialogue in court. More than 100 delegates representing state agencies, business associations, arbitration centers, mediations, insurance companies, finance, banks, law offices ... attended and discussed in seminor.
+ Continued implementing activities related to contributing ideas, adjusting and completing the Draft Labor Code (amended):
Organized the Nationwide Employer Conference 2019 to contribute comments to the Draft Labor Code (amended) with the participation of leaders of ministries, branches and a number of Committees of the National Assembly , concerned organizations and agencies, representatives of Business Associations. The conference focused on discussing the major issues with different opinions of the draft Labor Code (amended) and proposed recommendations to complete the Draft Code, ensuring the objective of building harmonious, stable and progressive labor relations.
Continued reviewing, revising and finalizing the draft of the Labor Code (amended) before submitting it to the National Assembly for consideration and approval.
+ Contributed opinions for a number of draft legal documents such as: the revised Law on Cinema; the Decree amending and supplementing a number of articles of the Decree 139/2016 / ND-CP stipulating license fees; the Decree on Anti-spam, spam emails, spam calls and regulations on advertising by sending messages, emails and phone calls; the Circular abolishing legal documents; the Circular regulating the system of criteria of the Vietnam National Brand Program; the Circular regulating risk management in customs operations; the Circular stipulating the examination, granting, re-issuance and conversion of certificates of professional qualifications, certificates of crew members 'professional qualifications and the Regulationof the Circular assuming titles on the means and scope of crew members' responsibilities; the Circular amending some articles of the Circular No. 35/2014 / TT-NHNN stipulating the fee for cash withdrawal via payment accounts at the State Bank of Vietnam; the Circular regulating the updating, exploitation and management of national livestock database; The Prime Minister's decision approving the national technology innovation program until 2025 ... (Details of the comments were updated at: http://vibonline.com.vn/tim-kiem- y-kien-vcci).
- Participated in the Editorial Team of the Project on "Building a set of criteria of a socialist-oriented market economy framework in our country" of the Central Economic Committee. The VCCI presided over the implementation of 02 topics: (1) "The situation and issues raised about business freedom and private sector development in our country over 30 years of renovation"; (2) "Proposing the framework criteria on business freedom and private economic development in our country until 2030, vision to 2045 and key solutions groups to apply this framework criterion into development practice. country".
- Participated in the Inter-sectoral Task Force to carry out the survey on the Index of cross-border trade transactions under the Program on "Monitoring the implementation of key tasks and solutions to improve the business environment and improve high national competitiveness in the field of tax and customs ”in 2019.
- Continued activities according to the PCI Plan 2019: prepared content for the PCI Quarter 3/2019 News; cooperated with the Asia Foundation (TAF) to conduct the study on "Overall assessment of enterprise resilience" integrated in the PCI survey; continued coordinating with the Ministry of Construction to assess construction licensing procedures in localities integrated in the PCI survey ...
- Continued implementing the Action Program to promote the implementation of business integrity: Met consulting firms PwC, EY, Deloitte in consultation to complete the "Handbook guiding enterprises to apply internal control mechanisms ( KSNB) and Code of Conduct (CoC) in business ”; met and work with business associations in Hanoi and Ho Chi Minh City. Ho Chi Minh City called for support for project objectives and signed the Commitment on "Business integrity: The commitment of the Vietnamese business community goes beyond compliance"; continued carrying out communication through thematic articles on disseminating the importance of internal control and CoC; conducted training and consultancy for enterprises on internal control and coC ...
- Coordinated with the United States Agency for International Development (USAID) and relevant ministries and agencies to develop the Action Plan for 2019 and the period 2019-2025 for the Public-Private Partnership Committee (Committee 17).
- Continued implementing activities within the framework of the Periodic Economy Program:
+ Collaborated with the Embassy of Finland in Vietnam to organize the Program on "Meeting and Dialogue on Recirculating Economy: From an international perspective to the potential for deployment in Vietnam".
+ Continued conducting research activities to build a secondary market of materials in the paper and plastic industry; conducted a business situation survey after three years of applying the CSI Index; hold a Jury meeting to review businesses participating in the 2019 Sustainable Business Ranking; prepared to hold the Ceremony to announce 100 Sustainable Enterprises in 2019; coordinated with UNICEF in implementing activities under the Project on the promotion of the children's rights in business (CRBP); worked with Business Forum Press on Press Awards to write about sustainable development; Online meeting with CSR Asean Network Management Board ...
2. Deploying trade, investment promotion activities and programs and projects to support the competitiveness of enterprises and business associations:
On the occasion of the Vietnam Entrepreneurs Day 13/10, in addition to guiding and supporting localities to organize practical and effective activities, the VCCI organized a number of typical activities:
+ Successfully organized the 15th Anniversary of Vietnam Entrepreneurs' Day (October 13, 2004 - October 13, 2019), 74 years of Uncle Ho's letter to the industry and commerce (October 13, 1945 - October 13, 2019), honoring businesses and entrepreneurs with outstanding achievements in 2019.The Government’s Prime Minister Nguyen Xuan Phuc attended, gave speeches to encourage, direct and guidethe development of the business community. At the ceremony, 100 entrepreneurs were awarded the title of typical Vietnamese Entrepreneur - Thanh Giong Cup in 2019.
+ Successfully organized Vietnam Entrepreneurs Forum 2019 with the theme: "Vietnam 2045 - Strong aspiration and entrepreneurship: The homeland calls its name". The forum was attended by Deputy Government’s Prime Minister Trinh Dinh Dung and more than 1,000 businessmen nationwide. The forum focused on exchanging opportunities and challenges in the digital age and the integration between generations of Vietnamese businessmen to arouse the national spirit, Vietnamese identity of the business community and each Vietnamese entrepreneur focusing on intellect, constitutional knowledge to move the country towards the goal of becoming an industrialized country by 2045, when the country celebrates 100 years of independence.
+ The organization honored "Entrepreneurs, Enterprises for the Mekong Delta Community" and awarded the Golden Crane Award to 27 typical businesses, which contributed greatly to the socio-economic development of the Mekong Delta in 2019.
- Organized Vietnam Business Summit 2019 (VBS 2019) with the theme "Vietnam - Trusted Business Partners in a digital age". The meeting was attended by and directed by Deputy Prime Minister Vu Duc Dam and about 600 delegates, including many CEOs of international businesses and corporations. The conference focused on discussing: science and technology innovation, policies to help promote innovation and entrepreneurship in Vietnam; world technology development trends and adaptability of Vietnam; the successes of Vietnamese innovation enterprises and Vietnamese startups in the global value chain; human resource transfer in the digital era, orientation of Vietnam's labor market in the coming time, labor demand in the industrial revolution 4.0 period and government solutions to improve the quality of the work force. labor. The conference is also an opportunity for domestic businesses to meet face to face, connect and share information about potential business cooperation projects with 200 reputable businesses as representatives of the Summit. Asia (ABS) and Japanese business delegation.
- Organized the 10th Asia Business Summit (ABS). The conference took place in Hanoi with the participation of senior leaders from 12 key Asian economic organizations including: Japan,South Korea, India, Singapore, Malaysia, Thailand, China, Taiwan (China), Philippines and Vietnam. This ABS Conference adopted the Joint Statement expressing the commitment and efforts of the Asian business community to realize inclusive, sustainable and prosperous development goals. The joint statement was titled: "Asia is hyperlinked for sustainable development", in which, agreed on two contents: "Digital Asia" refers to the growth strategy to promote the development and renovation, build a smart society in agriculture, health care, urbanization and the environment to ensure sustainable development; "Global Asia" refers to global value chains and free trade to promote economic inclusiveness and the development of infrastructure and human resources through enhanced cooperation in the region.
- Organized Dialogue between business community and Government of Vietnam - Russian Federation on the official visit and attending the 22nd meeting of Vietnam Intergovernmental Committee - Russia on economic cooperation , commercial, scientific and technical. The Deputy Government’s Prime Minister Trinh Dinh Dung and Deputy Government’s Prime Minister of Russia Maxim Akimov attended and presided over the event.
- Organized and coordinatde organization a number of activities to support businesses to promote trade, investment, and international economic integration: The Thailand-Vietnam International Trade Promotion Conference opened at Udon Thani ( Thailand); Met Vietnamese - Russian businesses; Conference to meet Vietnamese - Korean businesses; Vietnam - UAE Trade Forum; organized a businesswomen to attend the 2019 Global Women Trade Summit in Busan, South Korea ...
- Organized and coordinated organizing a number of thematic workshops: a Forum on "Enhancing competitiveness for businesses in the digital economy and sharing" in Quang Ninh; a Seminar on "Promoting the training of human resources at the workplace - Advantages and challenges for businesses in the context of integration" in Da Nang; a Workshop on "Financial - telecommunications industry with opportunities and challenges from EVFTA" in Hanoi; a Workshop on logistics industry before opportunities and challenges from EVFTA ”in Ho Chi Minh City; a Forum on "Positioning women entrepreneurs in global supply chains" in Hanoi; a Workshop on "Solutions to promote resources to enhance competitiveness and integration for small and medium-sized enterprises owned by women in the Southeast region" in Phan Thiet; a Dialogue with Customs in Ba Ria Vung Tau Province; a Workshop on "Promoting corporate social responsibility for consumers in the 4.0 period" in Vung Tau; a Workshop on "The role of businesses in developing a sustainable and comprehensive rice value chain in the Mekong Delta" in Kien Giang ...
- Trained and coached for businesses and entrepreneurs: Organized 56 training courses for 2805 enterprises on the following topics: Updated experience in basic bidding and online bidding to improve high corporate governance capacity; dispute resolution skills on labor contracts, labor discipline, guidance on handling labor contract violations in order to improve corporate governance capacity; training on social insurance in enterprises and social insurance inspection; avoided risks in the process of making corporate financial statements; training on taxable values and new regulations on customs valuation ...
In general, the above programs, activities and events are positively and highly evaluated by the business community and public opinion.
Vietnam Chamber of Commerce and Industry respectfully reports to the Government’sPrime Minister.-
- As above;
- Standing Committee;
- Government’s Office (DMDN Dept );
-The Business Information Center. (for posting on the Website)
- Saved by Archives and Admin Dept. (for synthetics)
By: Translator: HaiYen - Business Information Center (BIZIC)
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