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

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CHAMBER OF COMMERCE

& INDUSTRY OF VIETNAM

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

No:  3121 A  /PTM – VP

Report on the performance of

the Resolution 35 / NQ-CP in October 2017

Ha Noi, November 20,  2017

 

ToTHE 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 the Resolution 35 / NQ-CP dated 16 May 2016 by the Government on supporting and developing enterprises to 2020, solving difficulties and obstacles as well as recommendations of enterprises in October 2017 as follows:

I. I. RESPONSES OF RECOMMENDATIONS OF ENTERPRISES UNDER THERESOLUTION No. 35 / NQ-CP OF MINISTRIES IN OCTOBER 2017

Responses of the recommendations were aggregated by the Government’s Office

In October, 2017, VCCI has received 47 official documents from ministries and branches and localities to respond to the recommendations of businesses. These documents have been fully disclosed on the website of VCCI as stipulated in the Resolution 35. The written responses to the recommendations of businesses that VCCI received in October 2017 are as follows:

1.1. The Ministry of Industry and Trade

1.1.1- An Official Letter No. 1422 / QLTT-CHG dated October 11, 2017 of the Market Management Department of the Ministry of Industry and Trade responded to the recommendation of Mr. Dang The Anh on the authority to inspect and handle administrative violations of the market management force in the health sector. (in reply to the Official Dispatch No. 10436 / VPCP-DMDN dated 18 September, 2007 of the Office of the Government)

1.1.2- An Official letter No. 9615 / BCT-VP dated October 17, 2017 of the Ministry of Industry and Trade responded to the recommendation of Honda Vietnam Company on the explanation and the pecific guidance on the definition of "plastic resin" in Circular 38 / 2016 / TT-BCT dated December 28, 2016 of the Ministry of Industry and Trade regulating energy consumption in the plastic industry. (in reply to the Official Dispatch No. 10151 / VPCP-DMDN dated September 23, 2017 by the Government’s Office)

1.2. The Ministry of Planning and Investment

1.2.1- An Official Letter No. 8074 / BKHDT-QLĐT dated October 3, 2017 of the Ministry of Planning and Investment responded to the recommendation of Management Board of the investment projects on construction of transport works of Dak Nong Province that submitting approval for application of contractors appointment form for the 2.4 km construction project of the Board. (in reply to Official Letter No. 9868 / VPCP-DMDN dated September 18, 2017 of the Government’s Office).

1.2.2- An Official Letter No. 8337 / BKHDT-PTDN dated October 11, 2017 of the Ministry of Planning and Investment responded to the recommendations of Ho Chi Minh City Anti-counterfeiting and Imitation Technology Joint Stock Company on the project of building a supermarket chain (stated in the Document No. 14/2017 / TT dated July 25, 2017) requesting investment incentives under Decree 210 / ND-CP (in reply to the Official Letter No. 8721VPCP-DMDN dated August 17, 2017 of the Government’s Office).

1.2.3- An Official Letter No. 8418 / BKHDT-QLĐT dated October 13, 2017 of the Ministry of Planning and Investment responded to the recommendation of Mr. Tran Duc Quang - the National Research Institute Of Mechanical Engineering, guiding the implementation of regulations on bidders which participated in bids must be legally and financially independent  with consultancy contractors for making, examining and evaluating design dossiers and cost estimates. (in reply to the Official Letter No. 10440 / VPCP-DMDN dated 03/10/2017 of the Office of the Government).

1.2.4- An Official Letter No. 8419 / BKHDT-QLĐT dated October 13, 2017 of the Ministry of Planning and Investment responded to the recommendation of Ms. Ho Thi Vy Ha on guiding regulations after the bid opening, the contractor was responsible for clarifying Bids at the request of the procuring entity based on Decree 63/2014 / ND-CP. (in reply to the Official Letter No. 10485 / VPCP-DMDN dated October 3, 2017 of the Government’s Office).

1.2.5- An Official Letter No. 8475 / BKHDT-QLĐT dated October 16, 2017 of the Ministry of Planning and Investment responded to recommendation  of  Mr. Nguyen Huu Dan on the validity period and the validity of the bid (in reply to the Official Letter No. 10435 / VPCP-DMDN dated October 3, 2017 of the Government’s Office).

 1.2.6- An Official Letter No. 8489 / BKHDT-QLĐT dated October 16, 2017 of the Ministry of Planning and Investment responded to the recommendation of Mr. Nguyen Hien Hoa - Water and Environment Joint Stock Company guiding the provisions of the law on formality of self-implementation applied to bidding packages that belong to procurement projects, the  procurement projects in cases where organizations directly managed or use bidding packages with technical and financial capabilities as well as experience in meeting the requirements of bidding package (in reply to the Official Letter No. 10437 / VPCP-DMDN dated October 3, 2017 of the Government’s Office).

1.2.7- An Official Letter No. 8490 / BKHDT-QLĐT of October 16, 2017 of the Ministry of Planning and Investment responded to the recommendation of the Vietnam Urban Consultancy Joint Stock Company on the consultancy contractors to make design and technical dossiers; construction drawing design dossiers that may participate in the bid of supervision consultancy under the provisions of Clause 4, Article 2 of Decree No. 63/2014 / ND-CP. (in reply No. 10431 / VPCP-DMDN dated October 3, 2017 of the Government’s Office).

1.2.8- An Official Letter No. 8491 / BKHDT-QLĐT dated October 16, 2017 of the Ministry of Planning and Investment responded to the recommendation of Ha Phat Thinh Co., Ltd on guiding the law on tendering in case the contractor found out the volume of work items stated in the "work description of bid invitation " was not accurate in relation to the design (in reply to the Official Letter No. 10344 / VPCP-DMDN dated October 03, 2017 of the Government’s Office).

1.2.9- An Official Letter No. 8568 / BKHDT-PTDN dated October 19, 2017 of the Ministry of Planning and Investment responded to the recommendation of Ms. Bui Thi Trinh Hoa on legal provisions of the establishment of security service business enterprise (in reply to the Official Letter No. 10487 / VPCP-DMDN dated October 3, 2017 of the the Government’s Office).

1.2.10. An Official Letter No. 8595 / BKHDT-QLD dated October 20, 2017 of the Ministry of Planning and Investment responded to the recommendation of Mr. Le Ngoc Doan - the An Minh Investment Project Management Unit of An Minh District on evaluation of the validity of bid security under Decree No. 63/2014 / ND-CP. (in reply to the Official Letter No. 10484 / VPCP-DMDN dated October 3, 2017 of the Government’s Office).

1.2.11- An Official Letter No. 8605 / BKHDT-GSTĐDT dated October 20, 2017 of the Ministry of Planning and Investment responded to the recommendation of Mr. Pham Trung Hieu - the Hai An Urban Management Department, Hai Phong City on the concept" Investor " in the Law on Construction and the Law on Public Investment. (in reply to the Official Letter No. 8985 / VPCP / DMDN dated August 23, 2017 of the Government’s Office).

1.2.12- An Official Letter No. 8657 / BKHDT-QLĐT dated October 23, 2017 of the Ministry of Planning and Investment responded to the recommendation of Mr. Vuong Duc Canh- Lao Cai Industrial Consultant Company Co., Ltd on planning of the contractor selection according to Provisions of the Law on Tendering. (in reply to the Official Letter No. 10879 / VPCP-DMDN dated October 13, 2017 by the Government’s Office)

1.2.13- An Official Letter No. 8671 / BKHDT-QLĐT dated October 23, 2017 of the Ministry of Planning and Investment responded to the recommendation of Mrs. Thanh Hang - Official Letter No. 8671 / BKHDT-QLĐT dated October 23, 2017 of the Ministry of Planning and Investment responded to the recommendation of Mrs. Thanh Hang - Commercial Joint Stock Bank for Investment and Development of Vietnam on guiding the handling situation. If the bid price after correction, correction of deviation, subtract the discount value of all bidders who meet the technical requirements and are on the ranking list exceeds the bid price specified in Clause Article 117 of the Decree No. 63/2014 / ND-CP. (in reply No. 10883 / VPCP-DMDN dated October 13, 2017 by the Government’s Office)

1.2.14- An Official Letter No. 8672 / BKHDT-QLĐT dated October 23, 2017 of the Ministry of Planning and Investment responded to the recommendation of Mr. Nguyen Huy Tung- Project Management Board of Construction Works of Central Party The law on the case of applying the form of contractor appointment under the Bidding Law. (in reply to the Official Letter No. 10949 / VPCP-DMDN dated 13/10/2017 of the Government’s Office)

1.2.15- An Official Letter No. 8673 / BKHDT-QLĐT dated October 23, 2017 of the Ministry of Planning and Investment responded to the recommendation of Mr. Tran Van Den - Hong Duc Limited Company on the criteria of bid evaluation. (in reply to the Official Letter No. 10886 / VPCP-DMDN dated 13 October, 2017 of the Government’s Office)

1.2.16- An Official Letter No. 8674 / BKHDT-QLĐT dated October 23, 2017 of the Ministry of Planning and Investment responded to the recommendation of Petrovietnam Gas Corporation (PVGas) on training of practicing certificates for individuals directly involved the preparation and appraisal of the bidding documents. (in reply to the Official Letter No. 10881 / VPCP-DMDN dated October 13, 1977 of the Government’s Office).

1.2.17- An Official Letter No.8908 / BKHDT-QLĐT dated October 31, 2007 of the Ministry of Planning and Investment responded to the recommendation of Mr. Huynh Ngoc Hoang – the Lac Viet Informatics Joint Stock Company on the process of evaluation of bids ( in reply to the Official letter No. 10938 / VPCP-DMDN dated October 13, 1977 of the Government’s Office.

1.2.18- An Official Letter No. 8913 / BKHDT-QLĐT dated October 31, 2017 of the Ministry of Planning and Investment responded to the recommendation of Ms. Nguyen Thi Hue – the Management Board of Hai Phong Urban Development Project (in reply to Official Letter No. 10876VPCP-DMDN dated October 13, 1977 of the Government’s Office).

1.3. The Ministry of Finance

1.3.1- An Official Letter No. 4754 / TCT-KK dated October 10, 2017 of the General Department of Taxation - The Ministry of Finance responded to the recommendation of Mr. Thai Ha Linh – the Hung Phu Trade Construction and Investment Co., Ltd on Current tax payment for construction activities outside the province. (in reply to the Official Letter No. 10331 / VPCP-DMDN dated September 29, 2017 of the Government’s Office).

1.3.2- An Official Letter No. 13868 / BTC-TCHQ dated October 16, 2017 of the General Department of Customs - Ministry of Finance responded to the recommendations of Da Lat Natural Food Processing Joint Stock Company on the tax exemption proposal for import and fixed goods to create fixed assets in service of investment projects before announcement of the duty exemption list. (in reply to Official Letter No. 9807 / VPCP-DMDN dated 15/9/2017 of the Office of the Government).

 1.3.3- An Official Letter No. 4838 / TCT-QLN dated October 19, 2017 of the General Department of Taxation - Ministry of Finance responded to the recommendation of Can Tho Shipbuilding and Transport Industry Joint Stock Company to cut the tax rate on total revenue to remove difficulties for businesses. (in reply No. 10481 / VPCP-DMDN dated October 3, 2017 of the Office of the Government).

1.3.4- An Official Letter No. 14103 / BTC-DT dated October 20, 2017 of the Ministry of Finance responded to the recommendations of the Vietnam Urban Consultancy Joint Stock Company-Vinacity for answers to questions in Circular 08/2016 / TT- BTC. (in reply to the Official letter No. 10340 / VPCP-DMDN dated September 29, 2007 of the Government’s Office)

1.3.5- An Official Letter No. 14391 / BTC-TCHQ dated October 25, /2017 of the Ministry of Finance responded to the recommendation of Tien Hung Joint Stock Company on tax assessment with the contents assigned to the Customs Department of Quang Ninh Province for consideration and handling of the recommendation in accordance with regulations. The Customs Department of Quang Ninh Province issued an Official Letter No. 2759 / HQQN-KTSTQ dated October 12, 2017 responded that they considered the recommendation of Tien Hung Company, through the working process, Tien Hung company agreed to the  fixed tax level of the Department is appropriate. (in reply to the Official Dispatch No. 10834VPCP-DMDN dated October 12, 2017 of the the Government’s Office)

1.3.6- An Official Letter No. 4926 / TCT-TNCN dated October 25, 2017 of General Department of Taxation - Ministry of Finance responded to the recommendation of Nguyen Thi Thanh Thuy – the Vietnam Honda Company on normal market price and press price for calculation of  tax for automobiles and motorbikes business establishments. (in reply to the Official Letter No. 9812 / VPCP-DMDN dated September 15, 2017 of the Government’s Office).

1.3.7- An Official Letter No. 14503 / BTC-UBCK dated October 27, 2017 of the Ministry of Finance answered 6 recommendations of the Securities Business Association on the contents: Equitization and divestment of state-owned enterprises; the issue of raising foreign ownership of public companies; commodities on the stock market; amending and supplementing the Law on Securities; the process of merging the stock exchange; arisen trading conditions (in reply to the Official Letter No. 5730 / VPCP-DMM dated 2 June, 2017 of the the Government’s Office).

 1.3.8- An Official Letter No. 5023 / TCT-TNCN dated October 30, 2017 of the General Department of Taxation - Ministry of Finance responded to the recommendations of Thien Long Group Joint Stock Company on the policy of personal income tax for working allowances ( In reply to the Official Letter No. 10940 / VPCP-DMDN dated October 13, 2017 of the Government Office.

1.3.9- An Official Letter No. 14613 / BTC-TCT dated October 30, 2017 of the Ministry of Finance, responded to the recommendations of Pien Tan Construction and Trade Joint Stock Company on restoring status of tax code of the company was notified by the tax office that they were no longer valid for use due to tax arrears and leaving their business registration addresses.

 1.4. The Ministry of Health       

1.4.1- An Official letter No. 5569 / BYT-KHTC dated October 2, 2017 of the Ministry of Health resolved  the recommendations of Eurocharm at the VBF Forum at the end of 2016 by the Ministry of Planning and Investment.that includde the following 8 items: Accessing health and pharmaceutical safety; Ensuring rapid access to pharmaceutical inventions; Ensuring long-term patient acquisition; Legal presence and development of the health sector in the country; Protection of intellectual property rights and protection of research data; Improving the enforcement of regulations on the marketing of nutritional products for children; Price stabilization of dairy products for children under 6 years of age; Harmonizing food quality control regulations and testing laboratories with the best international practices. (in reply to the Official Letter No. 978 / VPCP-QHQT dated February 8, 2017 of the Office of the Government).

1.4.2- An Official Letter No. 4832 / ATTP-KN dated October 9, 2017 of the Food Safety Department of the Ministry of Health responded to the recommendation of MyUc Technology and Science Development Joint Stock Company for the declaration of aromatic products and food additives through the system of issuing certificates of declaration of technical regulation and certification of compliance declared in the Food Safety Department. (in reply to the Official Letter No. 10332 / VPCP-DMDN dated September 29, 2017 of the Government Office).

1.4.3- An Official letter No. 5900 / BYT-KHTC dated October 19, 2017 of the Ministry of Health resolved the recommendations at the Mid-term VBF Forum 2017, included: Decree No. 38/2012 / ND-CP that has a wide and heterogeneous scope, causing difficulties for both US exporters and Vietnamese importers.; Difficulties in importing pharmaceuticals; Improving the health care environment; Generics medicine with International Quality; Medical and Diagnostic biology products Equipment; allowances to the declared nutrient value on food products; The alcoholism prevention fund; approaching based on risks ; food safety regulatory agency.

1.5. The Ministry of Construction

1.5.1- An Official Letter No. 2401 / BXD-HDXD dated October 11, 2017 of the Ministry of Construction responded to the recommendation of Mr. Vu Ngoc Chien- the Thang Loi Co., Ltd. for answering questions of construction works that be subject to exemption of construction permit. as stipulated in Point e, Clause 2, Article 89 of the Construction Law 2014. (in reply to Official Letter No. 10338 / VPCP-DMDN dated 29/9/2017 of the Government’s Office).

1.5.2- An Official Letter No. 21 / BXD-QLDN dated October 20, 2017 of the Ministry of Construction responded to the recommendation of Mr. Nguyen Van Bang- the Vietnam Urban and Industrial Construction Consultancy Joint Stock Company (VNCC) on the plan of restructuring VNCC period 2017-2020 of the Ministry of Construction on the contents: The revaluation of real value of shares; the application of the public auction, the competition to the withdrawal of state capital in VNCC (in reply to the Official Letter No. 10537 / VPCP-DMD dated 4/10/2017 of the Government’s Office).

1.5.3- An Official Letter No 282 / BXD-QLN dated October 23, 2017 of the Ministry of Construction responded to the recommendations of the Geleximco Group - Joint Stock Company on the conditions of capacity of the management unit of condominiums’ operation and regulations on purchase and sale contracts.of resettlement houses (in reply to the Official letter No. 10482 / VPCP-DMDN dated October 3, 2017 of the Government’s Office).

1.5.4- An Official Letter No. 290 / BXD- QLN dated October 27, 2017 of the Ministry of Construction responded to the Pham Khanh Duy's concerns regarding the purchase of real estate by foreign companies for office and rental. (in reply to Official Dispatch No. 10339 / VPCP-DMDN dated 29 September, 2007 of the Government’s Office)

1.6 The Ministry of Transport:

1.6.1- An Official Letter No. 12124 / BGTVT-VT dated October 27th, 2017 of the Ministry of Transport resolved the recommendations of the Hanoi Taxi Association on some issues regarding the pilot implementation of e-contracts in the Decision No. 24 / QD-BGTVT, including the following contents: Urgently stoped the Pilot Plan in September 2017, meanwhile also reviewed and evaluated the actual implementation of the Pilot Plan that is causing a lot of insecurity for the society; Immediately stoped increasing the vehicles that were  participating the pilot; the nature and name of the Grab, Uber service in Vietnam should be unified; passenger transportation business vehicles to 9 seats that applied information technology similar to the taxi; Some contents recommended on amendment of Decree 86/2014 / ND-CP. (in reply to Official Letter No. 10878 / VPCP-DMDN dated October 13, 2017 by the Office of the Government)

1.6.2- An Official letter No 12131 / BGTVT-VT dated October 27, 2017 of the Ministry of Transport resolved recommendations of Ho Chi Minh City Taxi Association regarding some issues related to the pilot implementation of e-contracts. Decision No. 24 / QD-BGTVT included the following contents: Stoped immediately the pilot plan for 09 seats contract vehicles or less under Decision 24 of Ministry of Transport to summarize evaluation to draw experience immediately and did not need to wait until  January 7, 2018 (the expiration of the pilot period); stoped immediately the increase of vehicles of pilot participation for the current units and localities and not expanded the pilot to other provinces and cities; If Grab, Uber still continue to defy the law and the State of Vietnam - still illegally deploying the type of breaking law activities, unfair competition, proposed the State to withdraw business licenses. (in reply to the Official Letter No. 10954 / VPCP-DMDN dated 13 October, 2017 of the Government’s Office).

1.7. The People's Committee of Bac Ninh Province

1.7.1- An Official Letter No. 3689 / UBND-NN dated October 23, 2017 by People's Committee of Bac Ninh Province responded to the recommendations of Shanghai Co., Ltd on the proposal for continuous implementing the BOT underground Cong Thon canal project from Baza to Long Thiep sluice, located in Tu Son Town, Bac Ninh Province. (in reply No. 10951 / VPCP-DMDN dated October 13, 2017 of the Government’s Office).

1.7.2- An Official Letter No. 3689 / UBND-NN dated October 30, 2017 of People's Committee of Bac Ninh Province responded to the recommendations of Cargill Co., Ltd to support the company to invest in animal feed factory with total investment capital of USD 69.5 million, capacity of 480,000 tons per year. The People's Committee of Bac Ninh Province instructed the Management Board of Industrial Zones to guide the Company to carry out the procedures and signed the land lease contract in Que Vo Industrial Zone 3. (In reply to Official Letter No. 11333 / VPCP-DMDN dated October 25, 2017 of the Government’s Office.

1.8. Some other ministries and branches:

1.8.1- An Official Letter No. 3441 / BKHCN-SHTT dated October 17, 2017 of the Ministry of Science and Technology responds to the recommendations of So Na Ta Paint Joint Stock Company to decide the termination of the validity of the contract registration certificate used the company's trademark at the request of the transferor which was Lavisson Co., Ltd (in reply to Official Letter No. 10147 / VPCP-DMDN dated September 23, 2017 of the Office of the Government).

1.8.2- An Official Letter No. 8228 / NHNN-TTGSNH dated October 11, 2017 of the State Bank of Vietnam responded to the recommendations of Mr. Duong Minh Kien - the Hoang Van Thu Ward, Bac Giang City, Bac Giang Province to answer questions about founding members of People's Credit Funds by the Thai Dao People's Credit Fund, Thai Dao Commune, Lang Giang District, Bac Giang Province. (in reply to Official Letter No. 10149 / VPCP-DMDN dated September 23, 2017 of the Government’s Office).

1.8.3- An Official Letter No. 2529 / BVTV-QLPB of the Plant Protection Department of the Ministry of Agriculture and Rural Development responded to the recommendation of Sai Gon Green Biotech Co., Ltd to purchase dried cow manure from farmers for toxic substances treatment., substances affect the environment, humans and animals; packing cow’s dung after treatment and supplying to the market. (in reply to Official Letter No. 10432 / VPCP-DMDN dated 03/10/2017 of the Government Office).

1.8.4- An Official Letter No.10114 / BCT-XNK dated October 30, 2017 of the Ministry of Industry and Trade responded to the recommendation of Mr. Pham Hoang Lam, General Director of Hung Lam Joint Stock Company on the renovation of Vietnam rice management method including contents: removing the procedures for registration of rice export contracts, participating in bids of concentrated contracts and standard requirements of factories of rice export enterprises; selecting sets of rice varieties for export, developing rice standards for export ; using Logo of Vietnam Rice Brand. (in reply to Official Letter No. 10939 / VPCP-DMDN dated October 13, 2017 of the Government’s Office).

1.8.5- An Official Letter No. 4385 / BTL-Kte of the Air Defense Command - Air Force responded to the recommendation of enterprises and business establishments to rent space of VINA Company at Bien Hoa Airport that managed by A42 factory. Factory A42 agreed with enterprises and these business establishments  about the relocation before December 31, 2017 and all enterprises were in agreement. (in reply to the Official Letter No. 11011 / VPCP / DMDN dated October 16, 1977 of the Government Office).

1.8.6- An Official Letter No. 3336 / UBND-KT dated October 16, 2017 of the People's Committee of Son La Province responded to the recommendation of Chieng Mung Private Company in Son La Province on reflecting the inspection of the inspection team of Son La Province inspected at Chieng Mung Private Company on August 15, 2017. Through a verification of People's Committee of Son La Province, it was  confirmed that the information to the Government’s Office not sent by Chieng Mung Private Company  and the content of the recommendation was not true. (in reply to the Official Letter No. 10483 / VPCP-DMDN dated October 3, 2017 of the Government’s Office).

1.8.7- An Official Letter No. 126 / UBND-DN dated October 30, 2017 of the People's Committee of Dong Thap Province responded to the recommendations of Ho Chi Minh City Homart Anti-Counterfeiting Technology and Import-Export Joint Stock Company. The proposal was only at the idea level so the People's Committee of Dong Thap Province proposed that the company should have specific proposals in more detail to be able to implement in the reality. (in reply to Official Letter No. 10952 / VPCP-DMDN dated 13 October, 2017 of the Government’s Office).

1.8. Responses of recommendations were aggregated by VCCI and sent to the Government’s Office

In October 2017, VCCI has received 8 written responses to 10 recommendations. The written responses to the recommendations that VCCI has received were posted on the VCCI website and conveyed to the businesses the specific proposals as follows:

- An Official Letter No. 7143 / UBND-DN dated October 2, 2017 by People's Committee of Thua Thien Hue Province reported on  handling the recommendation of Hoang Phu Co., Ltd for the construction project of An Hoa Trade Center. The project of Hoang Phu Company was delayed and stopped the construction for a long time (plan completed and put into use in December 2011 but up to present, the project has not yet completed construction). Hoang Phu Company did not comply with the requirements of the Provincial People's Committee and the authorities to extend the time of implementation, so the decision on withdrawing the project was reasonable. (Recommendation 6, Appendix 1, Quarter 2, report No. 1680 / PTM-VP dated July 14, 2017 of the VCCI).

- An Official Letter No. 6587 / TCHQ-PC dated October 9, 2017 of the General Department of Customs - Ministry of Finance responded to recommendations including:

+ The recommendations of Kinh Do Thang Long Joint Stock Company on difficulties in customs procedures in the import and export of charcoal. The General Department of Customs requested the company to provide all documents related to the name and price of exported charcoal in order to the General Department of Customs based on those for consideration and settlement. (Recommendation No.1, Annex 1, July 2047 / PTM-VP dated August 21, 2007 of the VCCI).

+ The recommendation of Viet Duc Welding Electrode Joint Stock Company on the refund of safeguard tax of 8 imported steel shipments for production of welding materials. The General Department of Customs confirmed that Viet Duc Welding Electrode Joint Stock Company signed a contract to buy this item of the subscribed company on the import customs declaration, so the customs office did not have a basis of the tax refund for the Viet Duc Welding Electrode Joint Stock Company. (Recommendation 4, Appendix 1, July 2047 / PTM-VP dated August 21, 2007 of VCCI)

 + The recommendation of Le Quoc Co., Ltd was not allowed to receive vehicles of transport for entry and exit, import and export goods at Hung Vuong vegetable and fruit port. The General Department of Customs confirmed that Hung Vuong General Vegetable Port was not included in the list of announced ports in Vietnamese seaports, so customs offices were not allowed to carry out customs procedures for transport vehicles  to exit, entry, export and import goods here. (Recommendation 7, Appendix 1, July 2047 / PTM-VP dated August 21, 2017 of the VCCI)

+ Report on the settlement of recommendations aggregated by the Government’s Office, which under the authority of the General Department of Customs for responses that has been overdue to answer and made statistics by VCCI in Appendix 2, July Report No. 2047 / PTM-VP. dated August 21, 2017 of the VCCI).

- An Official letter No. 11465 / BGTVT-VT dated October 10, 2017 and Official Letter No. 12166 / BGTVT-VT dated October 27, 2017 of the Ministry of Transport answered the Hanoi Taxi Association, Taxi Association of Ha Noi and Ho Chi Minh City on the proposal to extend the taxi duration for 12 more months while waiting for Decree No. 86/2014 / ND-CP. The Ministry of Transport has recognized the proposal of the associations to propose management content in the process of finalizing the draft decree replacing Decree No. 86/2014 / ND-CP. (the recommendation 4, Appendix 1, Quarterly Report No. 2708 / PTM-VP of the VCCI)

- An Official Letter No. 13757 / BTC-CST dated October 12, 2017 of the Ministry of Finance responded to the recommendation of TMT Automobile Joint Stock Company for import tax on automobile components. The Ministry of Finance would study, generalize and report to the Government for consideration in the draft decree amending and supplementing the Government's Decree No. 122/2016 / ND-CP of September 1 issuing the preferential import tax, the list of goods and absolute tax rates, the mixed tax and import tax outside the tariff quotas. (the recommendation No.1, Annex 1, August Report No. 2360 / PTM-VP dated 21/9/2017 of the VCCI).

- An Official Letter No. 6896 / TCHQ-PC dated October 23, 2017 of the General Department of Customs - Ministry of Finance reported on the settlement of recommendations aggregated by the Government’s Office that under the authority of the General Department of Customs for responses, but has been overdue for answers and made statistics by VCCI (in Annex 2.3 of the VCCI 2047 / PTM-VP dated September 21, 2017 of the VCCI).

- An Official Letter No. 9043 / BNN-QLDN dated October 26, 2017 of the Ministry of Agriculture and Rural Development (MARD) responded to the recommendations of the Veterinary materials and Pharmacy Joint Stock Company (HANVET) on trade remedies against the countries causing difficulties for veterinary drug products of Vietnam. The Ministry of Agriculture and Rural Development confirmed that many HANVET's information provided in the recommendation did not accurately reflect the actual management of imported Thai veterinary medicine and requested HANVET Company if there was any documents or evidence of discrimination between domestic and imported Thai producers to be sent back to the Ministry of Agriculture and Rural Development for discussion at the ASEAN Meeting on Veterinary Drugs (Recommendation 6, Annex 1, July 2047 / PTM-VP dated August 8, 2017 of the VCCI)

+ The Official Letter also responded to three recommendations aggregated by the Government’s Office to the Ministry of Agriculture and Rural Development, which replied that they had exceeded their deadlines as stated in Annex 2, August Report No. 2047 / PTM-VP dated 21 September. / 2017 of  the VCCI.

Recommendations that Government’s Office have informed to VCCI

- In September, 2017, VCCI received 56 recommendations from the Government’s Office through the receiving and responding system to the recommendations of businesses on the Government’s E-portal. By the end of October 31, 2017, there are 43 recommendations that have been responded by ministries, branches and localities. There are still 13 unresponded recommendations (see attached list in Annex 2). All recommendations were overdue for responses.

- In October 2017, VCCI has received 130 recommendations from businesses by the Government’s Office through the receiving and responding system to the recommendations of Businesses on the Government's E- Portal. By the end of October 31, 2017, there are 36 recommendations that have responded by ministries, branches and localities. There are only 94 unresponded recommendations. (list attached as Annex 3), in which there were some recommendations that  have been overdue for responses.

1. IMPLEMENTATION OF THE RESOLUTION No. 35 / NQ-CP OF VCCI

In October 2017, VCCI has implemented the following tasks:

1. Has implemented activities that contributing to administrative reform, creatingfavorable conditions for enterprises; creating a favorable environment to support start-up and innovative businesses; ensuring rights of business and equal access to resources and business opportunities of businessesreducing business costs for businesses and protect the legitimate rights and interests of businesses:

- During the month, VCCI has completed the comments and has continued to comment on the drafts: The Law on Network Security; The Decree details a number of articles and measures to implement the Law on Access to Information; The Decree stipulates the minimum salary level applicable to employees working under labor contracts in 2018; The Circular No. 202/2016 / TT-BTC regulates the rates, regime of collection, remittance, management and use of fees in the field of secured transaction registration. The Circular No. 245/2016 / TT-BTC regulates the rates, the regime of collection, remittance, management and use of fees for appraising business conditions in technical inspection of occupational safety; training on labor safety and hygiene; the Circular on professional guidance on controlling administrative procedures; the Circular No. 23/2015 / TT-BKHCN on the management of the import of used machinery, equipment and technological chains; The Circular replaces the Circular No. 09/2012 / TT-NHNN on the use of payment instruments to disburse loans of credit institutions and foreign bank branches to customers;

- Organized the business delegation that consisted more than 100 representatives from business associations and businessmen who met with Prime Minister Nguyen Xuan Phuc. At the meeting, after listening the opinions of business associations and businesses, the Prime Minister Nguyen Xuan Phuc sent congratulations to the business community on the occasion of Vietnamese Entrepreneurs Day. At the same time, the Prime Minister appreciated the role of bridge and consultation between VCCI, Government and Ministries. Thereby, it promoted reforms, greatly reduced administrative procedures and sub-licenses. After listening to the recommendations of the businesses, the Prime Minister  proposed that in the future, VCCI and the Association would continue to promote the role of being bridge, strengthen dialogue and recommendation to the Government to listen and continue support better for the business community.On behalf of the Government, the Prime Minister pledged that the Government would continue dialogue with businesses, listen and absorb ideas and implement issues of state businesses’ renovation, honor, reward and protection of businesses; reduce the cost of borrowing for enterprises to develop the best. The Governments and authorities at all levels would carry out the guideline of the Government in co-operation with businesses, support and help businesses to develop healthy, transparent and competitive environment with international businesses. In addition, the Prime Minister highly appreciated the role of associations that always consider importance to social work, share with difficult circumstances; At the same time, it was expected that the associations would be the leading factor in supporting and guiding businesses to participate in the development of the private sector.

- VCCI has conducted a business costing review, contributed to the report "reviewing and cutting off official costs beyond fees, charges and arisen costs regarding investment licensing procedures, building and accessing land for businesses "for reporting at the Government's regular meeting on November 3, 2017”.

- Coordinated with the Central Institute for Economic Management (CIEM) to organize the 2017 Business Forum with the theme "Creating the environment for private enterprise development" to identify barriers, difficulties and challenges that the private sector is facing, thereby finding solutions to support the healthy, stable and efficient private sector. Currently, our country has more than 600,000 private businesses which are operating, with the target that by 2020 there will be 1 million private businesses. Most of them are young and  have been founded from  2000 and most of them  are micro businesses. Private businesses are facing many difficulties and barriers in the following areas: the cost burden, the time to comply with legal regulations, the legal risks, the business safety, the access to loans; the labor and labor quality and the access to land…

In order to create an environment for private development, the Forum considered that it needed to have mechanisms and policies to encourage the establishment of private businesses; to narrow the conditional business areas so as to create conditions for the private sector to invest in the development of production and business activities in branches, fields and geographical areas which are not banned by law, in line with the business development and social strategies in each period. In addition, encourage and create favorable conditions for business households to expand their scale, improve their operation efficiency, volunteer to form cooperative forms or transfer them to business activities according to business model via policies such as exemption and reduction of corporate income tax, land use fees in the first years of operation; to complete and ensure the implementation of transparent and effective policies to support the development of small- and medium-sized businesses, the movement for start-up and innovation.

The Forum also affirmed that the private sector has made the dynamic development of the economy, contributing significantly to the creation of jobs, raising the incomes of people, breaking the ground and leading the way. many new production and business fields. Therefore, creating favorable conditions for the private sector to develop was also to facilitate the release of development resources in society so that the socialist-oriented market economy develops. maximizing its tremendous potential.

  1. Has carried out trade and investment promotion activities as well as programs and projects to support the raising of the competitiveness of businesses and business associations:

- Organized  a press conference on the event of businesses in APEC Vietnam Submit Week 2017. In the context of the APEC Vietnam Submit Week 2017 will be held in Da Nang in early November 2017, VCCI will coordinate the organization of business conferences consists of: The 4th APEC Business Advisory Council Meeting (APAC) held from 4 to 6-11; Vietnam Business Summit; APEC Business Summit and dialogue between ABAC and APEC leaders. Apart from two traditional activities within the framework of APEC, VCCI proposed initiatives and was approved to hold more events: Vietnam Business Summit (VBS) was held on 7/11. The subject of this conference is "Vietnam – a trusted business partner". In particular, the conference will introduce Vietnam which is a comprehensive innovation for sustainable development and a friendly destination for businesses. In the framework of the conference there were also small symposia: the sustainable agriculture and smart; the finance for development; the health and education; the start up and innovation ... This was the event in conjunction with the trade promotion and investment conference with 63 provinces and cities in Da Nang.

- Organized activities to mark the 13th anniversary of Vietnamese Entrepreneurs Day including:

+ Organized a celebration of Vietnamese Entrepreneurs Day on October 13 and honored outstanding businessmen in the northern coastal region in 2017 with the participation of leaders of Hai Phong, Hai Duong and Hung Yen and Thai Binh Provinces… together with more than 700 businessmen in the northern coastal area. Along with the development of enterprises nationwide, business community and businessmen in the northern coastal region are increasing in both quantity and quality. Despite business activities in the past years have got many difficulties and challenges, but the business community and the North Coast business team has tried to find new directions, learn experience, constantly improve capacity. competitiveness, care for stable employment and increased income for workers. There are many businesses which have been expanding the export market, affirming the Vietnamese brand in the international market. Also within the framework of the Ceremony, VCCI honored 26 representative enterprises in the region with outstanding achievements in production and business and social responsibility.

+ Collaborated with Vietnam Television to organize the Dialogue and Arts Program with the theme "Vietnamese Entrepreneurs: The Fatherland Calls Us". Attending the program were the Deputy Prime Minister Vuong Dinh Hue, the General Secretary of Party Nguyen Xuan Cuong, the Minister of Agriculture and Rural Development; Mr. Pham Viet Thanh, the Member of the Central Party, the Secretary of the Central Party Committee, Mr. Nguyen Duc Chung, the Member of the Central Party, the Chairman of the Hanoi People's Committee, and many leaders representing ministries, branches and localities,  leaders of business associations and businessmen across the country.

+ In addition, branches and representative offices of the VCCI across the country collaborated with localities to organize many activities to celebrate Vietnamese Entrepreneurs day, business dialogue and honor representative  businesses.

- Organized the ceremony of awarding the title of "Vietnam outstanding businesswoman in 2016" - Golden Rose Cup awarded to 100 outstanding businesswomen who achieved outstanding achievements in production, business, dynamic and create, dare to think and do in the executive, business management; Positively contribution to socio-economic development and community. The ceremony was attended by Vice-President Dang Thi Ngoc Thinh and nearly 500 delegates were representatives from leaders of ministries, departments and central mass organizations, representatives from the Embassy, ​​national agencies and organizations. ; corporations, associations / business associations, businesswomen across the country and representatives of news agencies, newspapers as well as television offices. First event was held in 2006, the title of Vietnam's outstanding businesswoman - Golden Rose Cup has become an important motive for Vietnamese businesswomen to strive and dedicate more and more to the social. Criteria for assessment  and consideration for the selection of businesswomen assured honesty, objective and publicity based on  the contributions of businesswomen to the economy of the country and the social community.

- Organized the Forum on "Women Entrepreneurs in the Digital Economy" with the participation of nearly 200 delegates from ministries, international organizations, associations, associations, businesswomen clubs, entrepreneurs and nationwide representative businesswomen. The Forum aimed to provide opportunities for women entrepreneurs to update and share business experiences in the digital economy and to apply social media tools in e-commerce. The issues that women entrepreneurs face and need to innovate in order to adapt, take advantage of opportunities by digital economy and e-commerce were also discussed at forums to support businesses and businesswomen to build up development strategies, reach the regional and international market. The Forum included 2 main sessions: “start-ups and businesses in the digital age "and" use social media for business and growth "with speakers and specialists in the field of innovative entrepreneurship. Businesswomen in the field of digital technology and the application of technology in production and business ... being a long with the forum, side activities such as organizing a products display showroom of women entrepreneurs, a Gala Dinner Exchange Program for representative female entrepreneurs were also organized to provide opportunities for women entrepreneurs to connect to businesses, promote their products and build brands.

- Organized the 4th Vietnam Sustainability Business Forum (VCSF) with the theme " replication of business models to solve challenges to the sustainable Development" with the participation of about 350 delegates. Government agencies, ministries, industries, enterprises, business associations, research institutions, embassies, international organizations, research institutes, as well as news agencies , press agencies  in and out of the country. The Forum focused on: The need for the promotion and replication of innovative business models / solutions for the successful implementation of the Sustainable Development Goals in Agenda 2030; Mobilize effectively participation of the private sector in implementing the commitments of the Paris Agreement on Climate Change; Sharing the experience of replication of sustainable business models ... The forum was also an opportunity for business executives to directly interact with government leaders, thereby increasing support from the government for sustainable development of businesses. At the forum, VCCI affirmed that it would implement a program on businesses support advisory for implementation in order to support and encourage businesses to develop a circulation economy contributing to the development of a non rubbish economy, creating jobs for the labor market, enhancing the competitiveness of the private sector in Vietnam as well as catching business opportunities worth nearly US $ 5 billion by the circulation economy. At the same time, VCCI would also cooperate with the International Trade Center to apply a Sustainable Development Map and a standard system set to support sustainable agricultural development in Vietnam.

-  Coordinated with Facebook to organize a forum "Support SMEs in Vietnam to participate in the global value chain". Today, the world has entered the 4th Industrial Revolution, the implementation of digitization of the economy in Vietnam will enhance the strength of SMEs entering the global market. Therefore, Vietnamese enterprises need to take advantage of digital applications to develop, meanwhile minimizing logistics and transaction costs, in which social networking is a powerful tool. The 4.0 Industrial Revolution has helped SMEs to enter the global marketplace to purchase goods and services, thereby opening up opportunities for SMEs to gain access to markets, attract foreign investment, and access advanced production technology. However, the big barrier to SMEs is the high cost of technology in some places. Understanding of e-commerce of Vietnamese enterprises is low, only about 20%,  which also limits the development of enterprises. To overcome this challenge, the Forum proposed a number of recommendations: the Government should strengthen the reform of institutions, improve the business investment environment, create breakthroughs in business development and economic development; Enterprises should actively seek information on market, potential industry and international standards, thereby orienting and developing long-term development plans; The use of information technology applications, social networks currently has not only helped businesses save costs in terms of spaces and advertisments, but has also helped businesses spread information quickly to many customer objects with low cost and high accuracy  for each specific product, involved in the global value chain. The most important thing is that businesses must change their business thinking and choose the right technology.

- The International Labor Organization (ILO) organized a launching ceremony of the e-Business Alliance in Vietnam. Vietnam's electronics industry has been growing steadily in recent years. At present, the number of e-businesses in Vietnam has increased significantly. The expansion of the transnational production network of multinational electronics enterprises has had a positive impact on the economies of developing countries such as Vietnam through the use of capital, technology and labor more effectively. However, there are still issues related to the labor and the employment. Therefore, the launch of the Alliance aimed to create a forum for multinationals as well as electronics suppliers in Vietnam to meet, exchange and cooperate on mutually beneficial ways to build more responsible labor practices, creating more sustainable jobs for the Vietnam electronics industry.

- Other activities: Has continued preparations for activities of APEC CEO Summit 2017; organized a workshop on "Supporting International Trade for Small and Medium Enterprises" (October 31); Organized the Mekong River Delta (Mekong Invest); Organized an evaluation of results of the project for support enterprises in industrial relations between employers and employees; Organized a delegation to participate in the second exhibition of electric automobiles, motorbikes and bicycles; Organized ta National Business Football Awards (2nd) "VCCI - FLC Cup" in 2017; Organized a seminar "Criteria for assessing competitiveness of the economy and implications for Vietnam"; Organized a workshop on "Protection of trademarks, inventions and industrial designs in foreign countries: WIPO services for Vietnam enterprises"; ...

  1. Summary on the difficulties and obstacles of enterprises::

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

The Chamber of Commerce and Industry of Vietnam would like to report to the Prime Minister.

 

C/C :

- As above;

- Standing Committee;

- Government’s Office (DMDN Dept);

- The Ministries of Labor, War Invalids and Social Affairs, Health, and Transport.

- Vietnam Social Security

Business Information Center (To post on its Website)

- Saved: Archives and Admin (for synthetics).  

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

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