Report on performance of the Resolution No. 35 / NQ-CP in April 2018
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CHAMBER OF COMMERCE & INDUSTRY OF VIETNAM No: 1064 /PTM – VP Report on performance of the Resolution No. 35 / NQ-CP in April 2018 |
THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness
Hà Noi, May 18,2018 |
To: THE PRIME MINISTER NGUYEN XUAN PHUC
The Chamber of Commerce and Industry of Vietnam (VCCI) is pleased to report on the implementation of tasks assigned in the Resolution 35 / NQ-CP dated 16 May 2016 by the Government on supporting and developing enterprises to 2020, solving difficulties, problems and recommendations of enterprises in April 2018 as follows:
I. RESPONDING TO RECOMMENDATIONS ACCORDING TO THERESOLUTION No. 35 / NQ-CP OF MINISTRIES AND BRANCHES IN APRIL2018
1. The responding to recommendations aggregated by the Government’sOffice
In April, the VCCI received 30 written requests from businesses, ministries and localities. These documents have been fully disclosed on the website of VCCI as stipulated in Resolution 35. The written responses to VCCI business proposals received in April 2018 related to particular fields as follows:
1.1. The Ministry of Finance
The Ministry of Finance issued 5 official letters responding to businesses' recommendations or with the following contents: Tax payment of businesses based in Hanoi that be constructing works in provinces outside Hanoi; Value-added tax’s refund for investment projects; deleting fines for late payment of tax declaration and license tax; add CIC, D/O, sanitary of container to import, the value added tax shall be re-determined after the conclusion of the inspection.
1.2. The Ministry of Planning and Investment
The Ministry of Planning and Investment issued 4 written documents responding to 7 recommendations to businesses with majority content explaining the law on bidding (3/4 of the document) such as: payment of work volume under package contract; training and fostering activities on bidding; evaluation of bids; duration of implementation and adjustment of contract; competitive offer reduced; a certificate of bidding activities; applying the form of direct procurement ... Other contents responding to businesses are: the registration of additional business lines for branches of foreign invested enterprises.
1.3. The Ministry of Transport
The Ministry of Transport issued 2 written documents responding to 5 recommendations of businesses with the content of stopping the increase in the number of vehicles in operation piloting the application of science and technology to support the management and connection of passengers’transport activities because it is too many; not expand in provinces or cities outside the scope of pilot activities; to build a new identification section for pilot facilities; The provisions on the handling of violations against violations committed by software supply companies or transport enterprises using connection software; to deal with violation of not having the truck badges and procedures for applying for transportation business’s license, providing truck badges in Nghe An Province.
1.4. Science and technology
The Ministry of Science and Technology issued 2 written documents responding to the recommendation of businesses with the following contents: Difficulties in implementing the regulations on petrol and oil measuring columns must affix the equipment for printing vouchers of sale and supply vouchers to customers; supporting from scientific and technological non-business budget for the project on "production of canvas systems for aquaculture" of the Dat Minh Ha Co., Ltd.
1.5. The Ministry of Labor, Invalids and Social Affairs
The Ministry of Labor, War Invalids and Social Affairs issued 2 written documents responding to 6 recommendations of businesses on the contents of: Participating in social insurance for pensioners, people over 60 years old; Social insurance benefits when employees work in different companies; the salary level used as the basis for payment of social insurance; Social insurance benefits of workers in case of their transfer of work; accounting the salaries of members of the Directors Board’s members, Members' Council, Supervisory Board; Amended the Decree No. 44/2016 / ND-CP of the Government.
1.6. The Ministry of Construction
The Ministry of Construction issued 5 documents to answer 5 proposals of businesses on the construction of temporary works for workers in the industrial zone; Law’s provisions on members of the condominium management board; the procedures for approval of investment policy and planning permission; the mobilization of capital to serve the development of commercial houses; The list of files that investors should provide to the specialized construction agency to carry out the inspection of the pre-acceptance test of the construction works.
1.7. Ministry of Natural Resources and Environment
The Ministry of Natural Resources and Environment (MoNRE) issued 2 written responses to 3 recommendations from the Quang Vinh - Thai Nguyen coal mine and the payment of land area of 11,000 m2. water reservoir for agricultural irrigation of the Thai Nguyen Construction and Material Joint Stock Company; the issuance of certificates of land use right, ownership of houses and other assets attached to land of the project of Khanh Hoi apartment building 2.
1.8. The State Bank of Viet Nam
The State Bank of Vietnam (SBV) issued two written documents responding to two recommendations from businesses regarding the use of foreign currency accounts by the Association of foreign enterprises in Vietnam; the payment without import declaration.
1.9. Some other ministries, branches and localities:
- The Judicial Assistance Department of the Ministry of Justice responded to the enterprises' proposals on guiding the persons having the auctioned properties according to the provisions of the Property Auction Law.
- The Ministry of Agriculture and Rural Development issued a written document responding to enterprises' proposals on the procedures for testing the imported agricultural machines.
- The Ministry of Health issued a written document to the European Association of Businesses in Vietnam on the contents of the law on management of medical equipment; management of import of medical equipment is no longer new; The treatment of the disease is in line with the financial capacity of the Vietnamese and some other aspects of food management.
- The Ministry of Education and Training issued a written document responding to the enterprises' proposals on the establishment of 100% Japanese invested capital for recruiting Vietnamese pupils.
- The People's Committee of the Quang Nam Province issued a written document in response to the request of businesses on contents of the request for payment of the completed inspection volume of the motorway of the Tra Linh Commune, Nam Giang District, Quang Nam Province.
- The People's Committee of the Bac Ninh Province responded to recommendations of Dai Loc Agro-Food Joint Stock Company that the local authorities obstructed the production of high-tech agriculture and the application of high technologies to clean- safe.
1.10. Responding VCCI recommendations to the Government’s Office:
In April 2018, VCCI has received 04 written documents responding to 05recommendation of businesses. The written responses to VCCI’s recommendations has been posted on the VCCI website and conveyed to the business proposals.
- An Official Letter No. 2055 / BKHDT-PTDN dated April 2, 2018 of the Ministry of Planning and Investment on responding to the proposal of the Quang Binh Business Association to simplify bidding procedures for small scale works that be under VND 3 billions. (the recommendation No. 6, January 2018; the report No. 0228 / PTM-VP dated 9 February, 2008 of the VCCI)
- An Official Letter No. 746 / BXD-PC dated April 9, 2018 of the Ministry of Construction on:
Having comments on the recommendations of the Vietnam Printing Association regarding the non-retrospective collection of tax on zinc sheets used in the printing industry (the recommendation No.2, Appendix 1, Report No. 1/2018 No. 0228 / PTM). -VP dated February 9, /2018 by the VCCI)
+ Responded to the recommendations of businesses engaged in production and / or business activities in the sand mining, processing, using and exporting sand regarding the review of the implementation of the export of all kinds of sand. (the recommendation No.2, Annex 1, Monthly Report of March 2, 2018, No. 0477 / PTM-VP dated March 19, 2008 of the VCCI)
-An Official Letter No. 1397 / LDTBXH-PC dated April 11, 2018 of the Ministry of Labor, Invalids and Social Affairs answered 17 issues related to workers and the Labor Code proposed by Japan Business Association (the recommendation No.1, Appendix 1, VCCI’s report in October 2017, No. 3121 / PTM-VP dated November 20, 2017).
- An Official Letter No. 1455 / BHXH-ST dated April 26, 2018 of the Vietnam Social Insurance responding to the request for non-payment of health insurance premiums for workers who report late. (the Recommendation 5, Appendix 1, Quarterly Report No. 4/2017 No. 0139A / PTM-VP dated January 23, 2004 of VCCI).
- Recommendations that the Government’s Office has informed to theVCCI
- In March, 2018, VCCI has received 57 recommendations by the Government’s Office through the system of receiving and responding to the recommendations of businesses on the portal of the Government. By the end of April 30, there are recommendations received by ministries, branches and localities. There are 17 unresponded recommendations (see attached list in Annex 2). All recommendations are overdue for responses.
- In April 2018, VCCI has received 36 recommendations from businesses by the Government’s Office via the system of receiving and responding to businesses' recommendations on the Government's electronic portal. By the end of April 30, 2018, there are 19 recommendations received by ministries, branches and localities. There are only 17 recommendation that have not been responded. (the list attached as Annex 3), some of them are overdue for responses.
II. IMPLEMENTATION OF THE RESOLUTION No. 35 / NQ-CP OF THE VCCI
In April 2018, the VCCI has implemented the following tasks:
1. Has implemented activities contributing to administrative reform, creating favorable conditions for businesses; creating a favorable environment to support start-up and innovative enterprises; ensuring business rights, equal access to resources and business opportunities of businesses; reducingbusiness costs for businesses and protecting the legitimate rights and interests of businesses:
- VCCI completed the comments and has continued to comment on 12 draft legal documents: The Decree replaced the Decree 66/2008 / ND-CP on legal support for businesses; Decree on the organization and operation of the SME’s Development Fund; The Decree stipulates the limitation of underground water exploitation; the Circular on energy consumption norm for seafood processing businesses; the circular on guiding the financial management mechanism and performance evaluation of credit guarantee fund for SMEs; The Circular stipulates the conditions, order and procedures for connection of urban railways, special-use railways and national railways, the connection of railways to urban railway lines; The Circular regulating the toll booths; the Circular amending and supplementing some articles of the Circular No. 09/2016 / TT-BKHCN regulating the order and procedures for granting permits for transportation of dangerous goods; the Circular on the management, exploitation and maintenance of road works; the Resolution on environmental protection tariff; the Strategic and strategic directions for attracting new generation FDI, period 2018-2030.
- Has coordinated with the Fatherland Front's agencies, the Ministry of Finance, the Vietnam Federation of Cooperatives, the Small and Medium Enterprise Association, the Young Business Association in organizing the preliminary review and publishing the survey report on implementing the Resolution 19 of the customs taxation and monitoring. The direct monitoring’s results at 12 tax authorities, customs offices and some sub-departments showed that the quality of the contingent of cadres and civil servants has been uneven, Some civil servants in the performance of public duties have got behaviors in communication that have not created the satisfaction, friendly with people. Particularly in some places, there have been still manifestations causing troubles, urgent for people and businesses. The results’ report also recommended that the tax and customs departments should continue reforming on policy institutions. Therefore, the reform of administrative procedures in the field of taxation and customs should focus on solutions such as raising the sense of responsibility of heads of agencies and civil servants on administrative reform. Has continued promoting the application of information technology to modernize the tax and customs management, ensuring the declaration and payment of taxes, electronic tax and e-customs. Particularly, it is necessary to continue studying and simplifying administrative procedures to cut down business conditions in a simple manner, minimizing the contact between civil servants, people and businesses; At the same time, publicizing the process and regulations on improving the effectiveness of supervision ...
- Coordinated with the State Bank of Vietnam (SBV) to organize a workshop on "Reform of administrative procedures - improving access to credit". The seminar focused on solutions to unlock credit capital to support agricultural development and creative entrepreneurship, as this is the driving force for future economic development. At the workshop, some bank representatives also shared difficulties in lloaning to SMEs such as: many businesses did not meet the conditions of capital borrowing due to the business plan, capital and financial capacity were limited, financial information was not transparent; The credit investment efficiency of SMEs has not been high as most small businesses operate on a spontaneous basis, lack of plans and low risk tolerance. The seminar recommended: to continue efforts to improve administrative procedures to increase access to credit for micro, small and medium enterprises; there should be a legal frameworks for developing agricultural and start-up business loans; change the mode of loan so that farmers can mortgage their own land to develop business activities ...
- Organized a seminar "Vietnam Enterprises and the enforcement of intellectual property rights in accordance with the Criminal Code" in Hanoi and Ho Chi Minh City. The workshop attracted a large number of law enforcement agencies, international organizations, foreign business associations, and intellectual property lawyers and businesses. The conference on assessing the enforcement of intellectual property’s rights, including criminal penalties, is one of the key elements in the negotiation of next-generation free trade agreements, particularly emphasized by the development partners. At the same time, development countries tend to "criminalize" intellectual property’s infringements by extending the scope of criminal enforcement, not just trademark, copyright, both inventions and industrial designs. The workshop provided necessary and useful information for businesses and regulators on legal issues related to the enforcement of intellectual property rights, recommended to enterprises some necessary solutions to protect information security, intellectual property rights and avoid the risk of criminal liability to sustain and develop sustainable enterprises.
- Conducted the Northern Coastal Businesses Conference in 2018. The conference involved more than 500 businesses and business associations in the region. In the framework of the conference, businesses proposed many issues related to business linkage through associations are still limited, small and medium businesses still have many difficulties in access to land, interest rates Bank; access to state’s funds has still been meeting difficult; overloaded status on some routes has still happened. Particularly, in inland water wharves, freight barges have been loaded onto vehicles in excess of 100-150% of load, which causes businesses to comply with the loading conditions and risk of losing their cargoes due to non-competition., being overloaded; road maintenance costs are too high ....
- Organized a Handing over Conference of Enterprises and Central and Highlands Enterprises Association - in Da Nang. The conference reviewed on the operation of business associations operating in the area. There were 50 active business associations in the region at present, most of them are promoting their role. However, the capacity gap, the efficiency of the association is still far away; The number of associations has not gone hand in hand with the quality and added value of the organizations that the members have not yet met. The association and cooperation between business associations in each province and in the region is fragmentary, not promoting the potential strength of each association. The conference focused on solutions to solve many problems, reforming administrative procedures for businesses, recommending soon to pass the Law on Associations to create legal corridors for the operation of business associations in the context of business Market.
- Has continued implementing the Business Integrity Action Plan: Has collaborated with IBLF Global to finalize the activity report and report to the British Embassy in Hanoi on completion of the project "SME Support in Vietnam "; Finalizing the evaluation report on "Promoting Integrity in Vietnam: from awareness to action"; designing, printing and submiting to the Government; completing the training plan on guidances of ISO 37000 - Anti-bribery in businesses in Da Nang, Ho Chi Minh City and Hanoi.
2. Has carried out trade and investment promotion activities as well as programs and projects to support raising of the competitiveness ofbusinesses and business associations:
- Attended the 2nd APEC Business Advisory Council Meeting 2018 held in Tokyo, Japan, from 15-19 April 2018. As a chairman of ABAC Vietnam and a chairman of ABAC, the VCCI’s Chairman Vu Tien Loc co-chaired the entire session, the meeting of the council, the plenary sessions; participated in thematic groups, ASEAN Member States 'separate meetings, and key vision members' meetings after 2020. In addition, participated in the activities of the session and contributed in the discussion sessions, the host members and ABAC members also hold private meetings with APEC Secretariat Presidents, APEC Executive Directors, and ABAC members of the APEC economies to further promote initiatives of Vietnam during APEC 2017.
ABAC conducted plenary sessions and 5 thematic sessions on (1) regional economic integration, (2) sustainable development, (3) micro, small and medium enterprises, (4) finance and Economics, (5) Digital Technology and Innovation. Based on the results of the study and in-depth discussions of the meetings, ABAC agreed and adopted the ABAC Letter and Recommendations to the APEC’s Trade Ministers. contents of ABAC's recommendations includes seven key issues: anti-protectionism and elimination of non-tariff barriers; responding to anti-liberalization and globalization perspectives, clarifying the issues of extensiveness and the benefits of trade; promoting the pathways to the Asia-Pacific Free Trade Area (FTAAP) and the Lima Declaration; developing an APEC’s Vision after 2020; Consolidation of regional investment’s flow; promoting the implementation of the APEC Competitiveness Roadmap for Services; exploiting the internet and digital economy to boosting coverage. In addition, ABAC recommended 10 issues including: promoting economic development and integration of remote and isolated areas; enhance connectivity; promoting more MSME involvement and success in cross-border trade; facilitating MSMEs access to finance; Infrastructure development; strengthening energy security; promoting food security; resolving the issue of climate change; promoting creative development; promoting inclusive growth through the mining industry.
On the occasion of the meeting, the VCCI’s Chairman met with the Deputy Minister of Foreign Affairs and Vice Minister of Economy of Japan, the President of Japan Economic Federation (Keidanren), the Chairman of Chamber of Commerce and Industry Japan, the President of Japan Management Union (Keizai Doyukai), the President of Kansai Economic Federation (Kan Keiren). At the meeting, VCCI President informed the Vietnamese economy, exchanged ideas and measures to promote Japan's trade and investment relations with Vietnam, especially the measures to be taken. Promoted cooperation between Vietnam and strategic partners such as the spirit of the project 25 that the Prime Minister was assigned the VCCI to chair. Japanese business organizations are very welcome and will have a plan to organize large business delegations to Vietnam in the near future.
- Organized a business delegation to the 2018 Global Women's Summit with the theme "Building Shared Value-Based Economies" in Sydney, Australia, and explore the New Zealand market. The delegation consisted of 38 female business leaders working in fields such as agricultural production, processing and export, food processing, textiles, footwear, import and export of medical equipment. pharmaceuticals, beauty care, industrial waste recycling and ancillary industries. The conference focused on a number of issues: assessing the world situation, globalization trends and populism, the impact of the digital age; green technology development, leveraging the internet and information technology in business; new business models; expanding the global market for women-led businesses; Enhance the role of women in business. During the trip, in addition to the programs of the Women's Global Summit, the VCCI in association with the NSW Business Chamber held a business networking forum with nearly 100 businesses from the two countries attending, directly exchanged and looked for specific cooperation’s needs in the field of study abroad, tourism, import of organic cosmetics, wine, functional foods of Australia. In addition, the delegation had a visit and worked with the Auckland Chamber of Commerce to explore opportunities for cooperation and business with New Zealand’s businesses.
- Organized the Vietnam-Czech Business Forum on the occasion of the visit of Czech Deputy Minister of Industry and Trade in Hanoi, Da Nang and Ho Chi Minh City.. Vietnam was selected by the Ministry of Industry and Trade of Czech as one of 12 strategic export markets until 2020. The diplomatic and economic cooperation between the two countries has achieved good results continuously. The Czech-EU Free Trade Agreement (FTA), which is an active member that expects to be signed this year will open more opportunities for cooperation on trade and investment between the two countries. With 65,000 Vietnamese living in the Czech Republic, this will be the bridge to promote bilateral cooperation between the two countries. Currently, Vietnam exports coffee, pepper, fruits, tea, rubber, seafood, footwear, textiles, handicrafts ... Czech exports to Vietnam electronic items, chemicals, dairy products, pharmaceuticals, mechanics ... In the first two months of 2018, total import-export turnover between the two countries reached nearly US$ 50 millions, increases 31% over the same period in 2017.
- Organized a workshop "Green Growth Solutions to support Vietnamese’s enterprises in responding to climate change and sustainable development" in Ho Chi Minh City. The workshop was organized with the aims of providing a number of solutions and recommendations to help businesses to improve the efficiency and effectiveness of energy use, reducing the energy consumption in production, transportation, changing the fuel structure in industry and transportation. At the workshop, experts recommended that enterprises adjust the planning of production sectors, limit the economic sectors that generate large waste, polluting the environment and creating conditions for development of green industries. At the same time, the solution is to reduce greenhouse gas emissions through sustainable organic agriculture development and improve the competitiveness of agricultural production.
- Organized an event to connect business and members of the Federation of Asia-Pacific Chamber of Commerce (CACCI). Attending in the meeting were representatives of 30 leaders of big corporations of countries’ members operating in textile, garment, cosmetics, consumer goods, distribution, food processing, pharmaceuticals, chemicals, industrial products, construction, IT and tourism ... from Australia, India, Nepal, Taiwan (China) ... The cooperation with CACCI will help Vietnam businesses penetrates into big markets and has quick access to CACCI’s member firms. At present, the VCCI is promoting other integration activities within the framework of international and regional organizations, including CACCI, towards a more prosperous, more developed, raising a competition for Vietnamese’s businesses in particular and the Asia-Pacific region in general.
- Summary of the difficulties and obstacles of businesses:
In April 2018, the VCCI continued coordinating with ministries, localities and business associations to bring together businesses’ recommendations that have just arisen. The list of new recommendations is presented in the Appendix 1.
The Chamber of Commerce and Industry of Vietnam would like to report to the Prime Minister.
C/C : - As above; - The Steering Committee; - The Government’s Office (DMDN Dept.). - The Ministries of Tranport and Planning and Investment The People's Committees of Hai Phong City and Phu Tho Province - Economic Information Center (to post on Website) - Saved by Archival, Admin (for synthetics). |
By: Translator: HaiYen - Business Information Center (BIZIC)
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