Official calls for
critical amendment to business law
By Nguyen Hien. dtinews.vn
If the Law on Enterprises is not
properly amended, it would put nearly 3,000 enterprises on the brink of
filing for bankruptcy, according to an official.
Minister of Planning and
Investment Bui Quang Vinh (right) talking to VCCI Chairman Vu Tien Loc on the
sidelines of the NA’s meeting
Minister of Planning and Investment Bui Quang Vinh said
at a recent National Assembly’s session that Article 170 in the law
desperately needs amending in order to save thousands of enterprises, ensure
foreign direct investment (FDI) and employment for hundreds of thousands of
workers.
Article 170 under the current Law on Enterprises
stipulates that FDI firms that were licensed before July 1, 2006 must
re-register and operate under the 2005 Law on Enterprises. The
re-registration term is five years since the law took effect.
This means that as of July 1, 2011, FDI firms that have
yet to re-register are not allowed to supplement their business spheres nor
extend their projects. They are just allowed to operate under the original
fields mentioned in their business license.
The ministry’s statistics showed that as of May 31,
2013, as much as 2,916 out of total 6,000 FDI enterprises have yet to
re-register.
The proposed amendment to the article would remove the
five-year deadline for the re-registration.
The draft regulation would allow FDI enterprises to
decide if they need to register but continue to operate in accordance with
their business licenses.
FDI enterprises that were set up before July 1, 2006
with expired business licenses could file for bankruptcy to be allowed to
re-register to continue their operations, the draft regulation said.
Bui Quang Vinh admitted the ministry’s fault in
delaying the amendment of the article and promised that they would amend the
regulation as soon as possible.
Vinh said that the number of FDI firms with expired
business licenses has reached 41. The figure would climb to 142 in 2014 and
269 through 2015.
He added that they would issue regulations that
stipulate the new deadline for such enterprises to re-register and policies
for enterprises that don’t register. Any that fails to comply with the
regulations would have to file for bankruptcy.
Nguyen Thi Kim Nga, NA Vice Chairwoman said many NA
deputies have proposed that the government clarify the reasons why those
enterprises have yet to re-register, assess the socioeconomic impact of the
situation as well as investment environment for FDI firms in the country over
the past time.
Meanwhile, some others proposed that relevant agencies
leave expired enterprises to file for bankruptcy and then they would set up
new enterprises. However, the government said such procedures would be more difficult
than amending one article in the law as it would result in considerable
losses, Nga noted.
“We’ll direct the Ministry of Planning and Investment
and the NA’s Economics Committee to collect opinions on the issues so as to
accomplish the draft amended law and submit it to the NA for approval during
this term,” she added.
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Thứ Sáu, 7 tháng 6, 2013
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