Report on Performance results of Resolution 35/NQ-CP in October 2020

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CHAMBER OF COMMERCE

& INDUSTRY OF VIETNAM

No: 2057/PTM – KHTH

Report on Performance results of Resolution 35/NQ-CP in October 2020

THE SOCIALIST REPUBLIC OF VIETNAM

Independence- Freedom- Happiness

 

Hanoi, 05th, Nov 2020

To: THE GOVERNMENT’S PRIMINISTER NGUYEN XUAN PHUC

The Vietnam Chamber of Commerce and Industry (VCCI) is pleased to report on the implementation results of the tasks assigned in the Government's Resolution 35 / NQ-CP dated May 16, 2016 on supporting and developing enterprises till the year 2020 in October 2020, specifically as follows:

I. THE RESULTS OF THE MINISTRIES, BRANCHES AND LOCALITIES’ AGGREGRATING AND RESOLVING RECOMMENDATIONS OF BUSINESSES

1. The implementation of the businesses'recommendation gathering

In October 2020, the VCCI gathered, classified and sent 15 new recommendations of businesses and business associations to ministries, branches and localities. In which, the Ministry of Finance has 04 recommendations; The State Bank received 02 recommendations; the Ministry of Culture, Sports and Tourism received 02 recommendations; The Ministry of Transport received 02 recommendations, the rest were the Ministries of Planning and Investment, the Public Security, Science and Technology and the localities such as Hanoi, Dong Nai, Ba Ria - Vung Tau. The basic contents of the recommendations in the month mainly proposed to guide the implementation of legal provisions. In addition, there were also a number of recommendations on law formulation and some specific cases of the businesses such as:

- Recommendations on the management of gold trading activities and requests for amendments to the provisions of Decree 24/2012. The State Bank is requested to submit to the Government to soon issue a decree replacing Decree 24/2012 / ND-CP in the direction:

+ The State Bank would not produce gold bars and should not use a type of SJC gold bar as the exclusive brand name, but should license a number of eligible companies to produce gold bars and take responsibility for its brand name according to volume, quality and weight standards registered with state regulators. Because according to current regulations (Law on State Bank of Vietnam, Ordinance on Foreign Exchange Management ...), the VCCI gathers, classifies and sends 15 new petitions of businesses and business associations to ministries, branches and localities. In which, the Ministry of Finance has 04 proposals; The State Bank received 02 recommendations; Ministry of Culture, Sports and Tourism received 02 recommendations; The Ministry of Transport received 02 recommendations, the rest were the Ministries of Planning and Investment, Public Security, Science and Technology and localities: Hanoi, Dong Nai, Ba Ria - Vung Tau. The basic contents of the recommendations in the month mainly propose to guide the implementation of legal provisions. In addition, there were also a number of recommendations on law formulation and some specific cases of the business such as:

The State is a state management agency, not an enterprise, so it is not appropriate to assign the State Bank to produce gold bars in the Decree to manage gold trading activities because gold bars are also commodities. Furthermore, in the world, there is no central bank producing gold bars.

.- Recommendations on the management of gold trading activities and requests for amendments to the provisions of Decree 24/2012. The State Bank is requested to submit to the Government to soon issue a decree replacing Decree 24/2012 / ND-CP in the direction:

+ The State Bank will not produce gold bars and should not use a type of SJC gold bar as the exclusive brand name, but should license a number of eligible enterprises to produce gold bars and take responsibility for its brand name according to volume, quality and weight standards registered with state regulators. Because according to current regulations (Law on State Bank of Vietnam, Ordinance on Foreign Exchange Management ...), Bank

The State is a state management agency, not an enterprise, so it is not appropriate to assign the State Bank to produce gold bars in the Decree to manage gold trading activities because gold bars are also commodities. Furthermore, in the world, there is no central bank producing gold bars.

+ Allow the establishment of National Gold Exchange. The reason that the previous gold exchanges had many potential risks and caused many consequences for investors is because Vietnam has not had a legal corridor for this new type of activity. Moreover, the gold trading floors are "strong who they do", but not concentrated in the Gold Exchange like other countries in the world. Therefore, manipulation and price manipulation are common outside the supervision and management of state management agencies. Centralized gold trading at the Gold Exchange is an inevitable and popular trend in the world. Vietnam is increasingly integrating deeply into the world economy, so according to the Association, it is time for regulators to consider this issue early.

+ During the past time, when the international gold price increased sharply to 2,074 USD / oz, the domestic gold price also had a fever, at times it reached VND 63 million / tael, 4 times higher than the international gold price - 5 million / tael. Especially, the difference between the selling and buying price of SJC gold bar was also pushed up by businesses to over 2 million dong / tael. Even many businesses also debit gold to customers because of the scarce supply of gold.

+ To encourage businesses to trade in gold, support businesses in the gold industry to best implement the Government's policies, invest in promoting the production and trading of gold jewelry and fine arts, gradually reducing the gold trading business. pieces. Proposing to consider issuing licenses to import gold material for enterprises to produce gold jewelry and fine arts, this issue is also specified in Decree 24/2012 / ND-CP of the Government on operation management. gold trading.

+ In order to well implement the State Bank's regulations on non-cash payments in the purchase and sale of physical gold between gold trading enterprises and the people, this is a very necessary and reasonable need. and also an opportunity for the State Bank to monitor and track the rotation of gold capital in the market. It is recommended to have specific instructions for paying via bank accounts because this is essentially the payment for buying and selling physical gold by people, not gold trading on the account.

- Requested the lead agency for the Vietnam-Cambodia Waterway Transport Agreement, the Ministry of Transport, to coordinate with the Ministry of Finance to urgently review the Circular 90/2019 / TT-BTC and supplement the terms to allow vehicles. Water transport operating on the waterway transport is specified in the Vietnam Agreement-

Cambodia applies the rates of fees and charges in accordance with Circular No. 248/2016 / TT-BTC as done from March 1, 2020. At the same time, to refund the previously collected fees and charges to the enterprise. At the same time, it is recommended to direct the Maritime Port Authorities and the Inland Waterway Port Authorities in the area of ​​the waterway transport route to agree on the working method, ensuring that the procedures for permits to leave the port is only once, according to which related fees and charges will be payable once, in accordance with the spirit of the Agreement.

- Proposed to amend regulations on foreign barcode codes on exported goods in Decree 74/2018 / ND-CP; It is recommended to abolish regulations on foreign barcode codes for exported goods in Decree 74/2018 / ND-CP.

Details of the data and content of new recommendations are in Appendix 1, Appendix 2 attached to the report.

2. The situation of handling recommendations of ministries, branches and localities

2.1. Answering and resolving recommendations:

In October 2020, VCCI received 16 documents responding to business recommendations of ministries, branches and localities. These documents were fully posted by the VCCI on the website of VCCI as specified in Resolution 35 (Details in Appendix 3 attached to the report).

In general, responding to recommendations of ministries, branches and localities this month with a spirit of urgency and decency. In particular, the Ministry of Finance has studied and answered completely the outstanding recommendations from the previous months. Responses to recommendations mostly related to guiding the implementation of the provisions of the law, offering solutions to support and remove difficulties to create conditions for businesses to do business. The Ministry of Finance is the agency that responds the most to recommendations (12 recommendations), followed by ministries: Planning and Investment, Public Security, and Transport.

2.2. The recommendations have not been resolved

According to VCCI's monitoring, from September 1, 2020 to October 31, 2020, there were also 06 recommendations of businesses and business associations that were not answered on time by ministries, branches and localities. The reason for the delay in responding to the recommendations of businesses and business associations is due to the short-term transfer note of the Government’s Office to ministries, branches and localities, so agencies need to have time to study and reply, especially in the locality, it is necessary to go through the Departments and branches to study and advise the Provincial People's Committee to solve.

Details of unanswered recommendations and responsibilities for handling by ministries, agencies and localities this month are included in Appendix 4 attached to the report.2.2.

II. THE IMPLEMENTATION OF RESOLUTION 35 OF THE VCCI

In October 2020, VCCI implemented the following tasks:

1. Implementing activities to contribute to administrative reform; creating a favorable environment to support businesses.

- VCCI commented on draft legal documents: Law on Environmental Protection (amended); The Decree provides for enterprise registration; Decree on Preliminary Environmental Impact Assessment; Decree regulating offshore investment; The Decree details a number of articles of the Securities Law; The Decree details a number of articles and measures to implement the Law on Tobacco Harm Prevention and Control regarding tobacco trading; Decree on management of forest plant varieties; Reviewing and evaluating the law on contracts in the field of credit and banking; Resolution of the Standing Committee of the National Assembly regulating the service charges for using the expressway through the toll booth on the expressways invested by the State; Resolution of the National Assembly on value added tax policy to support and develop fertilizer production enterprises ... (Detailed content of comments is updated at: http://vibonline.com.vn / find-y-kien-vcci).

- VCCI and Vietnam Association for Study Promotion signed a joint program on promoting learning promotion, talent promotion, building a learning society to promote learning movement, improving team quality, economic development. enterprises, meeting the requirements of regional and international integration in the period 2020-2025. The two sides agreed to step up the communication and propagation of the Party's lines and undertakings, the State's policies and laws on the role of enterprises and entrepreneurs; on study promotion, talent promotion, building a learning society; about the need for self-study to improve the qualifications of entrepreneurs and workers in VCCI's units. The two sides agreed to build learning units in agencies and units of the Study Promotion Association system and VCCI; mobilized to develop "Study Encouragement and Talent Promotion Fund" in enterprises to encourage cadres, employees, entrepreneurs, employees and their children to study together, developed "citizens to learn", " family study "," learning unit "... in enterprises and the whole system of VCCI.

- Collaborated with the General Department of Taxation, Vietnam Tax Consulting Association to hold the Tax Honoring Ceremony for the typical taxpayer in 2020. The VCCI and Vietnam Tax Consulting Association (VTCA) participated in the information review and evaluation process to select 30 typical and best tax payers in the country. Criteria for selecting typical tax payers are given by the General Department of Taxation as the unit that contributes a lot to the socio-economic development of the country such as: creating more jobs for employees; creating a lot of added value for the economy through the revenue from production and business activities; achieved a large annual export turnover, promoted the brand of Vietnamese goods to the world; paid a lot of taxes into the State Budget; had a good history of adhering to tax laws.

- Coordinated with the Ministry of Labor, Invalids and Social Affairs and the General Confederation of Labor to organize the Second "Typical Enterprise for Labor" Award. The award has been held from 2014 up to now, ranked annually and awarded every 3 years, in order to find and praise businesses that constantly strive to improve the working environment, take care of their lives. workers' material and spirit, building a healthy corporate cultural environment, harmonious, stable and progressive labor relations towards sustainable development in the integration and development process. In 2020, 8 outstanding enterprises out of 184 enterprises ranked 3 years (2017, 2018, 2019) selected to award the second "Outstanding enterprise for employees" award and honored to be awarded the Certificate of Merit by the Government’s Prime Minister.

- Organized a number of training courses for businesses with many topics: tax finalization training, effective use of Incoterms, e-commerce application in business, business strategy and plan development.  Building and developing brand name in the flat world, building a plan of using employees in the post-Covid era - 19 ...

2. To implement trade and investment promotion activities and programs and projects to support competitiveness improvement of enterprises and business associations:

- Coordinated with the Ministry of Foreign Affairs, the Ministry of Industry and Trade and the US government agencies and the American Business Association to organize the Indo-Pacific Business Forum (IPBF 2020) in the form of online meetings combined directly.  The forum attracted the participation of over 300 delegates of Vietnamese and international business leaders / business associations. The forum focused on four main areas of discussion: cooperation in infrastructure, health, digital economy and market connectivity. Information

Through the Forum, the United States announced new initiatives and investments focusing on digital economy, energy and infrastructure, promoting investment from the US private sector in the region, in which, Enables the Digital Connectivity and Network Security Initiative (DCCP), the Transaction and Support Infrastructure Network (ITAN), and Accelerating development & growth through the Energy Initiative (Asia EDGE).

- Coordinated with the European Business Association in Vietnam (EuroCham) to establish the Vietnam - Europe Business Council (EVBC). EVBC is a bilateral consultation and cooperation mechanism that plays a fundamental role in creating opportunities for Vietnamese and EU businesses. Member companies have the opportunity to report and have direct dialogues with the leaders of the Government, ministries and relevant agencies of Vietnam as well as agencies in the European Commission, the European Parliament and other bodies in member states of the European Union to provide comments on policies and to share information on EU regulations and / or relevant Vietnamese laws to the application and implementation of the Vietnam - EU Free Trade Agreements. The establishment of EVBC is a useful mechanism to promote EVFTA implementation and support Vietnamese enterprises to promote investment cooperation, import and export into the EU.

- Coordinated with the American Chamber of Commerce in Vietnam (AmCham) and the American Chamber of Commerce (USCC) to organize the Vietnam - US Business Summit. At the conference, the Vietnam Chamber of Commerce and Industry together with the American Chamber of Commerce announced the establishment of the Vietnam-US Mixed Business Council to gather the initiative of the business community of the two countries, building a transparent and favorable business environment in Vietnam and the United States. The key issues discussed during the Conference include promoting sustainable and predictable investment policies; development and innovation through the Digital Economy, key issues of energy development in Vietnam; navigate Asia's supply systems and production markets in the post-Covid world; working together towards the goal of helping Vietnamese businesses and corporations achieve global trade potential, the US Presidential election and new opportunities to promote economic recovery of Vietnam…

- Coordinated with the Ministry of Foreign Affairs to organize the seminar between enterprises and the delegation heads of Vietnamese representative missions abroad for the term 2020-2023. At the Seminar, the leaders of the business associations expect that Ambassadors are those who connect foreign markets, creating opportunities to access trade activities in host countries in many fields, especially high-tech agriculture. Heads of Vietnamese representative missions abroad for the 2020-2023 term made a speech and information about the situation in the area they are preparing to be in charge, especially cooperation opportunities for Vietnamese enterprises and exchanged a experience in the coordination between the representative missions of Vietnam and the business community.

- The Vietnam Business Council for Sustainable Development under the Vietnam Chamber of Commerce and Industry (VBCSD-VCCI) organized the seminar on "Sustainable corporate governance in a changing society" and " Circulating Economy ”, attracting more than 100 direct participants and nearly 400 online delegates. The publication "Handbook of response, recovery, development during and after a crisis for businesses" was also announced in the program. The participants proposed that the Government should have preferential policies for investors in recycling technology in Vietnam; building a system of policies to support the application of the circular economy, such as imposing high taxes on businesses using raw materials and tax incentives for businesses using recycled materials; developed a national strategy for each sector and create linkages among stakeholders; developed appropriate carbon tax policies for the use of fossil fuels, had policies for the recovery and use of CO2, conduct efficiency assessment of use and recycle generated ash and slag. on the basis of balancing demand and consumption capacity as construction materials; Reviewed, adjusted and supplemented energy sector related content in the National Strategy on Climate Change, National Strategy on Green Growth, Vietnam Sustainable Development Strategy, Vietnam Marine Strategy ...

- Coordinated with the United Nations Agency on Gender Equality and Empowering Women (UN Women), the European Union Delegation to Vietnam to organize the Vietnam Women Entrepreneur Forum 2020 with the theme "Ring the bell: For a thriving economy ”. The forum is considered as the result of the mutual efforts of all parties to promote the role of the private economic sector and large enterprises in pioneering the application of the principles of women's empowerment, implementing the Law of Binh. gender equality, towards a prosperous and sustainable Vietnamese economy based on equality. Attending the Forum were representatives of embassies, international organizations, ambassadors, women leaders from time to time, the VCCI leaders and 200 delegates from business associations / associations / clubs. provinces, cities, businessesand typical female entrepreneurs across the country. At the event businesses signed a pledge to support the Principles of Women's Empowerment (WEPs). This is a joint initiative of UN Women and UN Global Compact, consisting of seven steps businesses can take to empower women and promote gender equality in the workplace, in the market and in the community.

Coordinated with Korea Chamber of Commerce and Industry (KCCI) to organize an online seminar "Vietnam - an attractive investment destination for Korean investors in a new context"; coordinated with the Southern Investment Promotion Center (IPCS) under the Ministry of Planning and Investment and the Indian Chamber of Commerce (ICC) to organize the online conference "Vietnam - India Business Forum".

- Above is the report on the implementation of Resolution 35 / NQ-CP in October 2020, the Vietnam Chamber of Commerce and Industry respectfully reports to the Government’s Prime Minister. 

C/C:

- As above;

- The Standing Committee;

- The Government’s Office (DMDN Dept);

- Businesses Information Center (for posting on the website);

- Saved by Archive and Admin Dept (for synthetics).  

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

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