Report on performance of Resolution 35 / NQ-CP in August 2017

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CHAMBER OF COMMERCE

& INDUSTRY OF VIETNAM

 

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

No: 2360   /PTM – VP

Report on performance of

Resolution 35 / NQ-CP in August 2017

  Ha Noi, 21 September  2017

 

To: GOVERNMENT’S PRIME MINISTER NGUYEN XUAN PHUC 

     The Chamber of Commerce and Industry of Vietnam (VCCI) would like to report on the implementation of the tasks assigned in Resolution 35 / NQ-CP dated 16 May 2016 by the Government on supporting and developing enterprises to the year of 2020, solving difficulties and obstacles as well as recommendations of enterprises in August 2017 as follows:

I. SUMMARY OF RESPONSES ON RECOMMENDATIONS OF ENTERPRISES UNDER RESOLUTION No. 35 / NQ-CP OF MINISTRIES in JULY 2017.

     1. The Ministry of Transport

     1.1- An Official Letter No. 8688 / BGTVT-VT dated August 3, 2017 of the Ministry of Transport responded to the request of An Giang Transportation Joint Stock Company to recommend the exemption from the charge of Km50 + 050 (T2) QL 91, Thoi Hoa Area, Thot Not District, Can Tho City under investment project of renovation and upgrade National Highway 91 in the form of a BOT contract in reply to the Official Letter No. 7547 / VPCP-DMDN dated July 19, 2017 of the Office of the Government)

     1.2- An Official Letter No. 9255 / BGTVT-VT dated August 16, 2017 of the Ministry of Transport and Official Dispatch No. 3644 / SGTVT-QLVT dated August 3, 2017 of Department of Transport of Thanh Hoa Province reported Invalids and Social Affairs Association of Vietnam on the proposal to allow the Chien Thang Veterans 27-70 Company takes 70 trams into the transportation of tourists in Sam Son City in the direction that not yet accepted the proposal of company. The reason that local authorities are re-evaluating the demand for transportation by electric vehicles, infrastructure and the inadequacies and inadequacies of the pilot operation of passengers transport by electric Car in Sam Son. After completion of the assessment, if there is a need increasing the number of four-wheeled vehicles, a public and transparent bidding shall be organized, with priority given to enterprises of war invalids and enterprises which employ employees that are subject to enjoy policy beneficiaries and poor households. (According to the form No. 702 / PC-VPCP dated July 17, 2017 of Office of the Government).

   1.3- An Official Letter No. 9694 / BGTVT-KHCN dated August 25, 2017 responded to the recommendation of the Hiep Mau Co., Ltd., Bac Lieu Province for adjusting the volume of goods allowed to participate in traffic and total volume allowed to join the traffic in the direction of accepting the company's proposal (in reply to the Official Letter No. 8390 / VPCP-DMDN dated August 8, 2017 by Office of the Government).

   1.4- An Official Letter No. 9777 / BGTVT-KHCN dated August 29, 2017 responded to the recommendations of Vinh Cuong Co., Ltd (in Dong Nai Province) on handling import procedures of special-use motorcycles for the work with the frame number, the number of engines closed by the manufacturer of the company (in reply to the Official Letter No. 8289 / VPCP-DMD dated August 19, 2017 of Office of the Government).

     2. Ministry of Industry and Trade

     2.1- An Official Letter No. 6959 / BCT-TTTT dated August 3, 2017 responded to recommendations of Mr. Vu Hai Anh - Thien Hai Investment Consultant Co., Ltd on procedures and fees for granting petrol wholesale certificate (in reply to Official Letter No. 7541 / VPCP-DMDN dated August 19, 2017 of Office of the Government).

     2.2- An Official Letter No. 7072 / BCT-TCNL dated August 7, 2017 responded to the request of Mr. Dao Huu Dung - Hanoi Electricity Corporation to arisen scale change of f construction investment of 110 KV Phu Nghia transformer station ( in reply to the Official Letter No. 7544 / VPCP-DMDN dated July 17, 2017 of Office of the Government).

     2.3- An Official Letter No. 7232 / BCT-HC dated August 9, 2017 responded to the recommendations of the MyUc Science and Technology Development JSC about the management of the State about the import of salt sodium acetate - salts of acetic acid is a biodegradable chemical used as an additive in food and other industries, meanwhile it is also referred to as precursor salts that can be used to produce narcotics (in reply to the Official Letter No. 7543 / VPCP-DMD dated August 19, 2017 of Office of the Government).

     2.4- An Official Letter No. 7792 / BCT-QLTT dated August 25, 2017 responded to recommendations of Phu Tho Pharmaceutical Joint Stock Company for further guidance, clarifying the provisions of Section A, Clause 2, Article 3 of Circular No. 64/2015 / TTLT-BTC-BCA-BQP regulates the regime of invoices and vouchers for imported goods circulated on the market (in reply to the Official Letter No. 8397 / VPCP-DMDN dated August 10, 2017 of Office of the Government).

     3. Ministry of Finance:

     3.1- An Official Letter No.5090 / TCHQ-KTSTQ dated August 1, 2017 of the General Department of Customs - Ministry of Finance sent a report on handling problems of DAEHO Vietnam Steel Co., Ltd. related to post-customs clearance inspection on the customs value in the direction of approving the recommendations of enterprises on steel prices in order to Customs Department of Hai Phong City using for fixing import tax on goods imported by the company (in reply to the official Letter 7371 / VPCP-DMDN dated 14/7/2017 of Office of the Government)

     3.2- An Official Letter No. 3473 / TCT-KK dated August, 2017 of the General Department of Taxation - Ministry of Finance responded to the recommendations of the Branch of Taydoshin Co., Ltd - Food Processing Plant increased according to the direction of Tax Department of An Giang Province based on tax declaration dossiers, tax refund of Branch of Taydoshin Co., Ltd. to resolve and report results to General Department of Taxation (in reply Official Letter 7539 / VPCP-DMDN dated July 19, 2017 of Office of the Government).

     3.3- An Official Letter No. 10782 / BTC-TCHQ dated August 14, 2017 of the Ministry of Finance responded to the recommendations of Mrs. Dang Thi Kim Anh guiding the completion of customs procedures and the method of calculating the Value Added Tax on goods that change the purpose of use according to the Ministry of Finance's Circular No. 38/2015 / TT-BTC dated March 25, 2015 (in reply to the Official Letter No. 6378 / VPCP-DMDN dated 20 June, 2007 of Office of the Government).

     3.4- An Official Letter No. 10679 / BTC-TCDN dated August 11, 2017 of the Ministry of Finance responded to the recommendation of Ms. Tran Nguyet Nga on the proposal to guide the implementation of Decision No. 707 / QD-TTg dated May 25, 2017 of the Government’s Prime Minister on the restructuring SOEs (in reply to the Official Letter No. 7502 / VPCP-DMDN dated July 18, 2017 of Office of the Government).

   3.5- An Official Letter No. 10662 / BTC-QLCS dated August 11, 2017 of the Ministry of Finance attached with the Official Dispatch No. 10663 / BTC-QLCS dated August 11, 2017 of the Ministry of Finance that responded to the recommendations of the Vinaausteel Steel Joint Venture Company on the adjustment of the land rental price of the Company and the issue of land tax arrears to the project of leasing land for steel production of the company in Quan Toan Ward, Hong Bang District, Hai Phong City (in reply to Official Letter No. 6593 / VPCP-DMD dated June 26, 2017 of Office of the Government).

   3.6- An Official Letter No. 11080 // BTC-TCHQ dated August 18, 2017 of the Ministry of Finance responded to the request of Serveone Vietnam Co., Ltd. for problems in refunding import tax on imported goods that be supplied to Public LG Electronics Vietnam to produce export goods (in reply to the Official Letter No. 7929 / VPCP-DMDN dated July 28, 2017 of the Office of the Government)

   3.7- An Official Letter No. 11266 / BTC-CST dated August 23, 2017 of the Ministry of Finance responded to the recommendation of Global Solar Partner Joint Stock Company on consideration of revising deadline for filing and paying license fees in the direction that the Ministry receives recommendations to synthesize, research and report to the Government.

     4. Ministry of Planning and Investment

     4.1- An Official Letter No. 6301 / BKHDT-QLĐT dated August 4, 2017 responded to the request of Mr. Tran Van Nghia - Vietnam Irrigation Construction Joint Stock Company on the requirement of guiding the implementation of law on bidding for contract wrapping and payment records for the package contract (in reply to the Official Letter No. 7564 / VPCP-DMDN dated July 19, 2017 of Office of the Government).

     4.2- An Official Letter No. 6300 / BKHDT-QLĐT dated August 4, 2017 responded to the request of Hoang Ngoc Phat Company Co Ltd for guidance on the implementation of the law on bidding with the following contents: The validity of the tender, wrong name in the bid application and bid guarantee, signing in the results report of bid evaluation (in reply to the Official Letter No. 7550 / VPCP-DMD dated July 19, 2017 of the Office of the Government).

     4.3- An Official Letter No. 6296 / BKHDT-QLĐT dated August 4, 2017 responded to Mr. Nghiem Van Toan's recommendation on guiding the implementation of bidding law for bidder designation as bidding package for removal of technical infrastructure works directly managed by a specialized unit to serve the site clearance (in reply to the Official Letter No. 7542 / VPCP-DMDN dated July 19, 2017 of Office of the Government).

     4.4- An Official Letter No. 6299 / BKHDT-QLĐT dated August 4, 2017 responded to the request of Mr. Nguyen Ngoc Quang to instruct the implementation of bidding law for bidding packages that include the design and the supply of goods and the equipment - type of EP mixed package (in reply to the Official Letter No. 7787 / VPCP-DMDN dated 26/7/2017 of Office of the Government).

    4.5- An Official Letter No. 6538 / BKHDT-PTDN dated August 10, 2017, responded to the Defense and Avoiding of Budget Damage Joint Stock Company on the recommendation for amendment of Decree No. 15/2015 / ND-CP (in reply letter no. 7622 / VPCP-DMDN dated July 20, 2017 of Office of the Government).

   4.6- An Official Document No. 6553 / BKHDT-QLĐT dated August 11, 2017 responded the recommendations of Ms. Le Minh Ha - Quang Ngai General Hospital regarding the bidder's responsibility to set up the team of bidding experts and General conditions in accordance with legal regulations for experts (in reply to the Official Letter No. 7564 / VPCP-DMDN dated July 19, 2017 of Office of Government).

   On August 17, 2017 responded the recommendation of Mr. Ho Van Ich Em - Southern Steel Co., Ltd – VNSteel that had requested to guide implementation of the law on bidding with the following contents: Basics for determining the capital of State and State owned enterprises; provision costs; the application of the form of direct procurement (in reply to the Official Letter No. 8121 / VPCP-DMDN dated August 03, 2017 by the Office of the Government).

   4.8 – An Official Letter No. 6728 / BKHDT-QLĐT dated August 17, 2017 responded to the recommendations of Mr. Lam Vu Phong- the Project Management Board of Ngoc Hien District, Ca Mau Province to guide implementation of the law on bidding with contents: bidding documents for construction and installation packages; The signing of contract when winning the bid (in reply to the Official Letter No. 8116 / VPCP-DMDN dated August 3, 2017 of Office of the Government).

     4.9- An Official Letter No. 6729 / BKHDT-QLĐT dated August 17, 2017 responded to the request of Mr. Duong Ngoc Hoang for guiding the implementation of the law on bidding with the following contents: Selection of project management consultancy unit; contract prices (in reply to the Official Letter No. 8115 / VPCP-DMDN dated August 3, 2017 by Office of the Government).

    4.10- An Official Letter No. 6730 / BKHDT-QLDT dated August 17, 2017 are responded to the request of Mr. Bui Van Linh to guide the implementation of bidding law regarding the content of the contractor selection plan (in reply to the Official Letter No. 8117 / VPCP-DMDN dated August 3, 2017 by Office of the Government).

   4.11- An Official Letter No. 6876 / BKHDT-QLĐT dated August 23, 2017 responded to recommendation of Mr. Dang Quoc Huy - Sa Thay Rubber Joint Stock Company requested to guide the implementation of the law on bidding on the application of the direct purchase form (in reply to the Official Letter No. 8393 / VPCP-DMDN dated August 10, 2017 of Office of the Government).

  4.12- An Official Letter No. 7033 / BKHDT-DTNN dated August 29, 2017 responded to the recommendations that Japanese investors apply for investment of 100% of capital in massage industry in the direction of Vietnamese Law does not have a restriction on foreign investors investing in this line (in reply to the Official Letter No. 8123 / VPCP-DMDN dated August 3, 2017 of Office of the Government).

   4.13- An Official Letter No. 7025 / BKHDT-QLĐT dated August 29, 2017 recommended to the request of Mr. Tran Van Lam - VNPT International Telecommunication Company to instruct implementation of the law on bidding with the following contents: State-owned enterprises; the law on the selection of contractors supplying stationery (in reply to the Official Letter No. 8717 / VPCP-DMDN dated August 17, 2017 of the Office of the Government).

  4.14- An Official Letter No. 7156 / BKHDT-QLĐT dated August 31, 2017 responded to the recommendation of Mr. Nguyen Nhu Duan requesting for guiding the implementation of the law on bidding with the following contents: Responsibility of the investor in selection of contractors under Provisions of the Law on Procurement (in reply to the Official Letter No. 8981 / VPCP-DMDN dated August 23, 2017 of Office of the Government).

     5. Some other ministries, branches and localities:

     5.1- An Official Letter No. 6538 / BNN-QLCL dated August 8, 2017 of the Ministry of Agriculture and Rural Development (MARD) responded to the recommendation of Mr. Nguyen The Duc - Director of Tan Thanh Cooperative Viet Tan on the proposal of compulsory agricultural products sold on markets that must be retrieved the origin. Although the proposal is necessary to ensure quality control and food safety, it is not feasible for the current status of Vietnam's agricultural production as this group of products is mainly produced from about 8.6 Millions of farmers with nearly 80 million parcels of land (in reply to the Official Letter No. 7565 / VPCP-DMDN dated July 19, 2017 of Office of the Government).

   5.2- An Official Letter No. 225 / BXD-QLN dated August 09, 2017 of the Ministry of Construction responded to Tam Minh Construction Joint Stock Company for guiding the determination of land use fees for 20% land fund in the case of the investment project in a scale of less than 10 hectares (in reply to the Official Letter No. 7546 / VPCP-DMDN dated July 19, 2017 of Office of the Government).

     5.3- An Official Letter No. 6509 / NHNN-PC dated August 15, 2017 of the State Bank of Vietnam responded to the recommendations of the Hai Phong Road Freight Association regarding the sanctioning administrative violations by the traffic polices when using the copy of the certificate of registration of transport’s means  certified by the mortgage credit institution when taking part in traffic. On this issue, State Bank of Vietnam had an official letter to the Ministries of Justice, Police, and Transport, requested the temporary suspension of sanctioning violations in the above cases. At present, Deputy Government’s Prime Minister Truong Hoa Binh is entrusting the Ministry of Justice to chair the review and propose handling in the direction of creating favorable conditions for people and enterprises (in reply to the Official Letter No. 7500 / VPCP-DMDN dated July 18, 2017 of Office of the Government)

     5.4- An Official letter No. 2727 / BKHCN-TDC dated August 17, 2017 of the Ministry of Science and Technology responded to 2 recommendations of Mr. Le Anh Dung - Vietnam School Equipment Joint Stock Company on standardization of Schools equipment and children toys prescribed in the Circular No. 26/2011 / BGDDT-BKHCN-BYT guiding the standard of tables and chairs for junior high school students, junior high school and senior secondary school (in reply to Official Letter No. 8120 / VPCP-DMDN dated August 3, 2017 by the Office of the Government)

     5.5- An Official Letter No. 3150 / BTTTT-CVT of the Ministry of Information and Communications responded to the recommendation of the Viettel State Trade and Import-Export Limited Company on the suspension of testing of mobile phones, USB, 3G routers. , Wi-Fi ... (in reply to Official Letter No. 8113 / VPCP-DMD dated August 3, 2017 of the Office of the Government).

     5.6- An Official Letter No. 4764 / UBND-KT1 dated August 1, 2017 of the People's Committee of Ha Tinh Province responded to 2 recommendations from Ms. Tran Thi Thu Trang including the implementation of files and procedures of secondary investors at industrial clusters and refund of mining rights (in reply to the Official Letter No. 7063 / VPCP-DMDN dated July 6, 2017 of the Office of the Government).

     5.7- An Official Letter No. 6744 / UBND-KT1 dated August 30, 2017, Vinh Phuc People's Committee responded to the recommendation of Phuong Thao Private Enterprise on gas station type III in Duy Phien Commune, Tam Duong District, Vinh Phuc (in reply to Official Letter No.8755 / VPCP-DMDN dated August 18, 2017 of Office of the Government).

     5.8- An Official Letter No. 6744 / UBND-KT1 dated August 30, 2017 that People's Committee of Vinh Phuc Province responded to the recommendation of Phuong Thao Private Enterprise on gas station type III in Duy Phien Commune, Tam Duong District, Vinh Phuc Province (in reply to the Official Letter No.8755 / VPCP-DMDN dated August 19, 2017 of Office of the Government).

     5.9- An Official Letter No. 3330 / UBND-CTXDGT dated August 31, 2017 that People’s Committee of Thai Binh Province responded to the recommendation of Lam Investment Development Co., Ltd in the direction of disagreeing with the Company's recommendation to add more production lines in Tay An industrial cluster, Tien Hai District, Thai Binh Province (in reply letter No.8758 / VPCP-DMDN dated August 31, 2017 of Office of the Government).

     6. Answering VCCI’s recommendation submitted to Government Office:

In August 2017, VCCI received 8 documents responding to 24 recommendations from business enterprises submitted by VCCI to ministries. Written responses to these recommendations are posted on the VCCI website and conveyed to the recommended enterprises. The replied recommendations include:

   6.1- An Official Letter No. 5345 / TCHP-PC dated August 14, 2017 of the General Department of Customs responded to the recommendation of Le Quoc Co., Ltd in Hai Phong City regarding the Customs Department of Hai Phong border gate KVI had an official letter that did not allow Hung Vuong General Fruit and Vegetable Port to receive vessels and means of transport on entry, exit and transit in the direction of the Customs Department complied with the provisions of the law, which were announced by the Ministry of Transport that there was not the Hung Vuong Port and Le Quoc Co., Ltd needed to fulfill the conditions required by law to meet the criteria of seaports in order to continue receiving boats and means of transport on entry, exit and transit (recommendation No. 12, Appendix 1, Quarterly Report No. 1680 / PTM-VP dated July 14, 2017 of VCCI).

     6.2- An Official Letter No. 9293 / BGTVT-QLDN dated August 17, 2017 and Official Letter No. 8122 / BGTVT-KHCN dated July 24, 2017 of the Ministry of Transport responded to 3 recommendations of Viet Sec Technology Joint Stock Company regarding the registration of cannels (production code H30 and H38 of Vietnam Czech Technology Joint Stock Company) with the capacity of more than 12 persons; Reschedule validity or temporary suspension of the Circular 43/2016 / TT-BGTVT promulgating QCVN 95: 2016 / BGTVT standard, wait for more time when necessary information and data are issued. ; Facilitate the registry of Cslloyd into Vietnam to register the PPC new material technology ship and recognize the results of its registration (Recommendation 3,4, Annex 1, Report Q2, No. 1680). / PTM-VP dated July 14, 1977 by VCCI).

    - An Official Letter No. 9233 / BGTVT-QLDN dated August 17, 2017 of the Ministry of Transport responded to the recommendation of the Vietnam Airlines Corporation for difficulties and problems related to the regulation of the Corporation replying to recommendations No 21, Appendix 1, Report No. 1389 / PTM-VP dated July 13, 2017 by VCCI to compile recommendations of enterprises in May 2017) .

     6.3- An Official Letter No. 6343 / BKHDT-PTDN dated August 4, 2017 of the Ministry of Planning and Investment responded to 4 recommendations in Annex 1, Report No. 1389 / PTM-VP dated June 13, 2017 of VCCI. The recommendations of the business in May 2017 include:

  - Recommendation No. 12 of Song Da Corporation on resolving obstacles in investment in the extension of road tunnel through Ngang Pass in the form of PPP

    - Recommendation No. 17 of Song Da Corporation on removing difficulties for hydropower investment in Laos

    - Recommendation No. 18 of the Song Da Corporation requested the Government to help removing financial difficulties by considering the issuance of regulations to carry out the merger of the member units of the parent company

     - Recommendation No. 20 of the Vietnam Airlines Corporation to separate business activities from public utility activities and speed up the process of equitization and divestment of enterprises.

    6.4- An Official letter No. 3955 / UBND-KH & DT dated August 14,2017 of Hanoi People's Committee responded to 2 recommendations in Annex 1, Report No. 1389 / PTM-VP dated July 13, 2017 of VCCI including:

- Recommendation No 04 of the Vietnam Association of Bidders requested to consider removing and reducing the burden for enterprises both in the calculation of land prices and method of payment of land.

- Recommendation No 24 of Van Xuan Company with the content of Hanoi Taxation Department has re-determined the land rent for Van Xuan Company as stipulated in Circular 333/2016 / TT-BTC dated December 26, 2016 of Ministry of Finance as requested by Van Xuan Company.

   6.5- The Official letter 1862 / BXD-PC dated August 11, 2017 of the Ministry of Construction responded to 8 recommendations including:

    - 08 recommendations in Annex 1, Report No. 1389 / PTM-VP dated June 13, 2017 of VCCI generalizing recommendations of enterprises in May 2017

   + Recommendation No 02 of the Vietnam Association of Bidders on the contradictions in the regulations on planning licensing and approval for policy investment projects

     + Recommendation No 03 of Vietnam Association of Bidders on some inconsistencies in Articles 56 and 57 of the Law on Real Estate Enterprises.

     + Recommendation No 05 of the Vietnam Association of Bidders on solutions to reduce the debt of capital construction

     + Recommendation No 06 of the Vietnam Association of Bidders for the change of monitoring mechanism to reduce the difference of unit cost estimates / bidding packages of constructions funded by state capital and non- state capital.

     + Recommendation No 11 of Song Da Corporation is inadequate in selection of contractor when projects invested by parent company - Song Da Corporation, subsidiary companies with capital contribution over 30% of the holding company not allowed to participate in bidding.

     + Recommendation No. 15 of Song Da Corporation on other cost estimation outside construction and equipment installation of EPC general contractor

     + Recommendation No. 16 of Song Da Corporation on debts of outstanding value completed.

   + Recommendation No. 19 of Song Da Corporation to support Vietnamese enterprises on bidding projects in foreign countries.

     - 01 recommendation in Annex 1, Quarter II report 1680 / PTM-VP dated July 14, 2017 of VCCI is: Recommendation No 10 of the Fibro plates production enterprises group on the request for further consideration on continuous allowing enterprises used white Amiang to produce Fibro roofing sheets in accordance with Vietnamese law in the direction that the Ministry has proposed to the Prime Minister by 2023 to stop the use of white Amiang to produce construction materials in order to enterprises have a suitable transference roadmap.

   6.6. An Official Letter No. 3063 / TCTHADS-NV1 dated August 18, 2017 of the General Department of Civil Judgment - Ministry of Justice responded to 2 recommendations in Annex 1, Quarterly Report No. 1680 / PTM-VP dated July 14, 2017 of VCCI include:

     - Recommendation No 2 of the Vietnam International Arbitration Center (VIAC) on the enforcement of arbitral’s adjudgment in accordance with Article 67 of the Commercial Arbitration Law 2010, "the arbitration award shall be enforced in accordance with the provisions of of the law on enforcement of civil judgments "

     - Recommendation No. 11 of Long An Textile Company on the Long An Province Department of Civil Judgment Enforcement despite the Supreme People's Procuracy's request for postponement of the enforcement the judgment enforcement because the People's Court District 1 of  Ho Chi Minh City accepted the case "dispute mortgage contract" under Article 48 Law on Civil Judgment Execution. In addition, in the process of executing the case, the Department of Civil Judgment Enforcement of Long An Province had many activities that in view of Long An Textile Company, they are incorrect in accordance with the law.

     6.7- An official Letter No. 6857 / NHNN-VP dated August 28, 2017 of the State Bank of Vietnam responded to the recommendations of the Quang Binh Business Association and Huong Khe Business Association in Ha Tinh Province on support policy, capital incentives; Commercial banks had special interest to facilitate the reduction of interest rates, extension, debt freezing and other preferential policies for enterprises of importing and exporting timber from Laos during the difficult period. Toward Directive 15 / CT-TTg on the termination of exports of non-finished wood products originating from natural forests of Lao Prime Minister (Recommendation 07, Appendix 1, Quarterly Report No. 1680 / PTM- VCCI on July 14, 2017)

     Ministry of Finance responded to two recommendations of the Nghe An Center for Training and Consultancy on: The price charged to grant mining rights to sand, gravel and stone and the application of Circular 44/2017 / TT-BTC dated May 12, 2017 of the Minister of Finance prescribing price bracket for calculation of the national resource tax for groups of similar physical and chemical resources. (Recommendation No 09, Appendix 1, Quarter II report 1680 / PTM-VP dated July 14, 2017 of VCCI)

     1, Quarter II report No. 1680 / PTM-VP dated July 14, 2017 of VCCI

     Thus, the end of August 31, 2017, 14 remaining recommendation of VCCI has not received a reply, including:

     - 04 recommendations in Annex 1, Report No. 1389 / PTM-VP dated June 13, 2017 of VCCI compiled the recommendations of the enterprises in May 2017 is the responsibility of the Ministry of Natural Resources and Environment, Lao Cai People's Committee of Lao Cai Province, People's Committee of Ha Tinh Province, Ministry of Industry and Trade.

     - 03 recommendations in Annex 1, Quarter II report 1680 / PTM-VP dated July 14, 2017 of VCCI) are responsibility of People's Committee of Lao Cai Province, People's Committee of Thua Thien Hue Province, People's Committee of Ha Noi City (People's Committee of Ha Noi City and People's Committee of Thua Thien Hue Province have written assignments for specialized research units to answer enterprises)

     In July 2017, VCCI assembled seven recommendations submitted by enterprises to the Office of the Government (Report No. 2047 / PTM-VP dated August 21, 2017 by VCCI). On August 31, 2017, the Office of Government issued an Official Letter No. 8014 / VPCP-DMDN announcing the opinions of the Deputy Prime Minister Vuong Dinh Hue to the concerned ministries, branches and localities for study and settlement.

 

  7. Informed recommendations by The Office of the Government to VCCI

 -  In July 2017, VCCI received 74 requests from enterprises that directly received by Office of the Government through the system of receiving and responding to enterprises’ recommendations on the Government's electronic portal. By the end of August 31, 2017, there were 61 recommendations received by ministries, sectors and localities. There are 13 of them unanswered (see attached list in Annex 2). The ministries, branches and localities were requested to promptly respond to the recommendations of enterprises according to the request of Office of the Government. When response, There were some ministries, branches and localities that did not inform to VCCI, so it is difficult to monitor VCCI's handling of the recommendations.

 - In August, 2017, VCCI received 71 recommendations by the Office of Government via the system of receiving and responded to related enterprises on the Government’s electronic portal. By the end of August 31, 2017, There were 28 recommendations that submitted by ministries, sectors and localities. There were 43 of them unanswered (see the attached list in Appendix 3), some of which have been overdue for response.

II. IMPLEMENTATION OF RESOLUTION No 35 / NQ-CP OF VCCI

     In August 2017, VCCI carried out the following tasks:

 1. To implement activities contributing to administrative reform, creating favorable conditions for enterprises; to create a favorable environment to support start-up and innovative enterprises to ensure business rights, equal access to resources and business opportunities of enterprises; to reduce business costs for enterprises and protect their legitimate rights and interests:

     - During the month, VCCI completed the comments and continued commenting on drafts: The Decree that amends and supplements the Decree 158/2006 / ND-CP on the Goods Exchange; the Decree that details some articles and measures to implement the 2005 Intellectual Property Law and the Law on the amendment, supplement of several Articles of the Intellectual Property Law 2009 on copyright and related rights; the Decree on regulating the protection of maritime construction; the Decree that amends and supplements Decree 127/2007 / ND-CP detailing the implementation of some articles of Law on Standards and Technical Regulations; the Circular that amends and supplements the Circular No. 40/2011 / TT-NHNN on licensing and organization of operation of commercial banks, foreign bank branches, representative offices of foreign credit institutions and other foreign organizations engaged in banking activities in Vietnam on additional dossiers on providing arisen products for commodity prices and permits; the circular on guiding time deposit transactions at credit institutions, foreign bank branches. The Circular on regulating the protection of underground water; the Circular on providing for the dossiers, order and procedures for approving changes of non-bank credit institutions; the Circular on providing the sale of receivables from financial leasing contracts; the import tariff policy for automotive components for the period 2018-2022 ...

 - To co-ordinate with Ministry of Natural Resources and Environment to organize a conference on policy dialogue on environment and sustainable development in Central Vietnam with the participation of leaders of Vietnam Environment Administration, VCCI and representatives of more than 120 enterprises. Industry and the Department of Natural Resources and Environment of the central provinces. At the conference, enterprises and managers expressed their views and solutions to address inadequate legal and policy issues in the areas of natural resources and environment to create favorable environment for investment and business such as environmental protection procedures before project operation include: environmental impact assessment, environmental protection plan; licensing for exploitation of water sources, dossiers of discharge into sources of receiving and treating hazardous wastes; to certify the completion of environmental protection works in service of the operation stage of the project; deposits for restoration of mining exploitation ...; common issues in project operation such as: environmental observation; inspection; examination; the collection, transportation and disposal of ordinary waste, hazardous waste, waste water and gases; The list of establishments that are likely to cause environmental pollution must be included in the special monitoring objects. Business representatives also frankly pointed out the inadequacies of current environmental pollution is increasing in size and intensity. The implementation of environmental protection in enterprises are facing many difficulties and need the close support and coordination of the agencies and social organizations. At the same time, representatives of enterprises also recommended the need for a new policy framework and approach to the environment, because the environment shall decide sustainable development and make profits for enterprises as well as take part in in international integration.

 - To collaborate with CUTS International to organize an international workshop on "The Digital Economy: Benefits, Challenges and Regulatory Framework". The seminar was attended by experts from VCCI, the Ministry of Industry and Trade, the Philippine Institute of Development Studies (PIDS), the Institute for International Trade & Development (ITD), Thailand, The representatives of the Association of Enterprises and Entrepreneurs focused on a number of issues related to the development of the digital economy in Vietnam, the ASEAN region and other countries. To collaborate with CUTS International to held International Seminars with topics that according to Google and Temasek data, by 2016, Southeast Asia is the fastest growing internet region in the world with 260 million current users, it is expected to increase to 480 million by 2020. At the same time, the Southeast Asian internet economy is expected to total more than $ 200 billion by 2025, with the largest contribution is e-commerce, in which with an annual growth rate of 32%, followed by online media with 18% and online travel with 15%. Thus the exchange of components in the digital economy, from representatives of government agencies, digital enterprises, representatives of consumer protection associations, social organizations and research institutes, lawyers ... on related issues such as e-commerce, competition in the digital economy, data security and consumer's personal information to gain insights into the direction of development of the digital economy, thereby drawing lessons for the Vietnamese enterprises is extremely necessary.

 - To continue coordinating with localities to organize post-PCI activities: the Provincial Competitiveness Index (PCI) improvement workshop and promote the initiative to develop a provincial competitiveness assessment index, sector, district, town (DDCI) in Nghe An, PCI conference of Yen Bai, Cao Bang

 - To implement Action Program to promote integrity in business: To implement 4 training courses for enterprises on Code of Conduct and anti-corruption toolkit in 4 provinces including Hanoi, Hai Duong, Ha Nam, Thanh Hoa with 200 participants from enterprises to participate.

 - To continue to monitor and guide the professional activities of the employers 'representatives for the local VCCI branches, the employers' councils of the local business associations when participating in the 3 party mechanism of labor industry, especially involved in the settlement of labor disputes and cases of strikes not according to the provisions of law. At the same time, training courses on labor protection, occupational safety and hygiene in the provinces were organized.

   + To attend the 3rd session of the National Salary Council discussing the 2018 minimum wage increase on August 7, after two sessions the members continued to improve the bases to prepare for the Council's third meeting. At this meeting, the parties continued discussing and negotiating the regional LTT growth rate in 2018 and adjusted each party's options as follows: The final proposal of the Vietnam General Confederation of Labor was at 7%. Final solution of the representative of the employer: Through the process of discussing the representative members of the employer agreed to adjust the final plan increased at 6.5%.

     This adjustment is at least offset by 4% CPI and 2.5% by contribution of labor to increase labor productivity and economic growth (specifically 1% on labor productivity and 1.5% on GDP growth). At the meeting, the members proposed to choose the last two options, in which VCCI proposed 6.5% and VGCL proposed 7% to vote. The chairman of the council agreed to choose two options of the two sides to secretly vote for selection of the plan to adjust the regional minimum wage in 2018. The result is 8 out of 14 members choose the option of 6.5% (accounted for 57, 14%) and 6/14 members chose the 7% option, accounting for 42.86%. With the results of the above-mentioned vote, the 2018 minimum wage adjustment plan of 6.5% shall be submitted by the Council to the Government’s Prime Minister for approval.

     + To comment on the Circular issued by the Ministry of Labor, Invalids and Social Affairs promulgating the list of industries and trades employing laborers who must be trained and organized a conference of propaganda and dialogue on the implementation of the social insurance policy, health insurance and unemployment insurance in Bac Ninh and Long An provinces.

     2. To carry out trade and investment promotion activities as well as programs and projects to support the raising the competitiveness of enterprises and business associations:

  - Attended the Asia-Pacific Economic Forum 2017 in Singapore organized by the World Bank and the Lee Kuan Yew University of Public Policy, Singapore National University. VCCI Chairman Vu Tien Loc, Minister of the Interior and Justice of Singapore, was the guest of honor, invited to speak at the opening ceremony with the participation of 300 scholars and academics from Asia. The VCCI Presidential inaugural speech is titled "Vietnam Potential as a driving force for Regional Development".

 - Coordinated with the Turkish Embassy in Hanoi and the Turkish External Relations Council (DEIK) to organize the Vietnam-Turkey Business Forum on the official visit to Vietnam by the Turkish Prime Minister. Attending the Forum included Government’s Prime Minister - Nguyen Xuan Phuc, Government’s Prime Minister of Turkey, Deputy Prime Minister - Vuong Dinh Hue and enterprises of the two countries. The forum aimed to create opportunities for enterprises in the two countries to seek opportunities for cooperation in areas that are relevant to the potential and interests of the business community in the fields of health, clean water, sustainable agriculture, new energy development, renewable energy, supporting industries, petrochemicals, pharmaceutical chemistry, agro-forestry and fishery processing, construction and development of medical and tourist infrastructure. Currently, the two governments are considering the possibility of building a bilateral economic agreement between Vietnam and Turkey to bring economic and trade cooperation between Vietnam and Turkey to the next level.

 - Coordinated with the Ministry of Foreign Affairs of Mozambique to hold the Mozambican Business Roundtable on the occasion of the visit and working in Mozambique by Mozambican Prime Minister Carlos Agostinho. The review conference aimed to encourage Vietnamese investors to expand their investment activities in the near future. Vietnam - Mozambique have got many agreements on investment commitments in almost all fields. In addition, the Mozambique Government has implemented many preferential investment policies, including tax exemptions for Vietnamese investors. Specifically, the reduction of import duty of machinery for investment projects, reduction of import tax on raw materials for manufacturing industry and land incentives for Vietnamese enterprises to invest in Mozambique. At present, there are many Vietnamese investors who have invested in Mozambique and these investments are important for Mozambique's socio-economic development, such as: Viettel Military Telecommunications Corporation… However, there are still many objective and subjective obstacles that make cooperation between the business community of the two countries less a strong development, such as legal corridor does "not wide enough", liquidity method is still inadequate, Mozambique's inflation situation, lacking of market information and language barriers ....

 - Collaborated with the Ministry of Foreign Affairs of El Salvador to organize a seminar on "Introduction on investment opportunities and trade development with El Salvador market". Vietnam and El Salvador have only established diplomatic relations since 2010, so far the trade relations between the two countries have gradually developed steadily. In 2016 the two-way trade turnover reached $ 30 million. The goods are exchanged between the two parties are mainly textiles, footwear, electronics, telecommunications, wood, plastics, and automotive components...

  In addition, the Government of El Salvador is also interested in cooperation with Vietnam in the fields of science, technology, energy and nanotechnology. The seminar presented to enterprises in Vietnam with useful information about the economy of El Salvador, the trade relations between the two countries, the policy encouraging trade and investment activities of the Government of El Salvador, as well as answer the questions when conducting business cooperation, business and investment in the field of El Salvador's strengths such as energy, hi-tech agriculture, agro-food processing calendar ... El Salvador is considered as a potential market for Vietnam's agricultural products, especially for fruits such as dragon fruit, grapefruit, mango, banana… At the seminar, the participated enterprises showed their interest in trade policies between the two parties and they wished Vietnam and El Salvador early sign trade agreements to facilitate clearance of goods between the two countries. At the same time, enterprises are also very interested in transporting goods such as direct flights, or open air transport policy.

 - Co-organized the workshop on "Social Enterprise Development - Business for the Humanities and Sustainable Development". In the past time, many enterprises, organizations and individuals have been pioneers in initiating business initiatives for the community. These business models are aimed to solving social and environmental problems. However, it is a fact that these business initiatives are still small and fragmented, so their abilities to spread and multiply into a comprehensive supportive ecosystem to bring positive impacts in the community has not been high.

 Thus, the workshop was organized to provide useful solutions for sustainable social enterprise development. At the same time, VCCI has jointly organized the Green Gala - honoring business initiatives for the community to honor 15 community-based business initiatives and 11 initiatives to support business community. This is the first and official program in Vietnam that promotes morale and business solutions to address urgent social and environmental issues with the message "business for the human community and sustainable development.”

     - Other activities: Continued preparations for APEC CEO Summit 2017 activities; Organized the workshop on "Transforming Business Households into enterprises - Current situation and solutions"; Organized workshops on opportunities to learn how to use legitimate and effective software for enterprises; Organized a workshop on "Sustainable finance"; organized a workshop to meet enterprises of Fukuoka Province; Organized seminars to introduce new technologies in Korea and meet Vietnamese-Korean enterprises; Organized consultation workshops on SMEDP; Participated in organizing and running the National Business Football League (2nd) "VCCI - FLC Cup" in 2017; Organized business delegation to attend the exhibition Libramont Fair in Belgium and exchange experience in Italy, the Netherlands ...

     3. Summary of difficulties and problems of enterprises:

     In August 2017, VCCI continued to coordinate with ministries, localities and business associations to bring together enterprises’ new recommendations. The list of new recommendations is presented in Appendix 1.

The Chamber of Commerce and Industry of Vietnam are pleased to report to the Prime Minister.

C/C :

- As above;

- Standing Committee;

- Office of Government (Dept of DMDN);

- Ministries of Finance, Health, Agriculture and Rural Development; Justice; Natural Resources and Environment; Labor, Invalids and Social Affairs;

- People's Committee of Phu Tho and Thua Thien Hue Province;

- Economic Information Center (to post on Website)

- Saved by Archival, Admin (TH).              

PRESIDENT

 

 

 

 

Vu Tien Loc

By: Translator: HaiYen - Business Information Center (BIZIC)

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