Gov’t mulls
law to foster business rule revisions
The Government
entrusted the Ministry of Planning and Investment (MPI) to draft a law to
foster revisions of business regulations in the future. MPI’s Deputy Minister
Dang Huy Dong talks to Vietnam News Agency reporter Quoc Huy about related
developments.
The MPI is
drafting a law regulating future revisions of business and investment laws.
What are the highlights of the draft?
In the
draft, we review Appendix 4 of the Investment Law, which lists business areas
where enterprises must satisfy specific conditions. There are 267 such areas.
We plan to cut this number to around 50 to create a more advantegeous
investment environment for enterprises.
We will
revise around 12 laws related to business and investment conditions:
Investment Law and Enterprises Law are the main two among them. We will also
change the way of managing businesses to supervise enterprises in
post-licensing phases, instead of controlling their establishment with
conditions set in advance.
The draft
law will provide sufficient directions and measures to improve the business
climate, enhance the competitiveness of enterprises and support their
development in accordance with Government Resolutions No 19/NQ-CP and No
35/N-CP, which pertain to assisting and developing enterprises until 2020.
Is there a
precedent of using a law to revise other laws in Viet Nam?
Using a law
to modify different laws is not something new in Viet Nam. We already have
experience in doing this.
Law No 38
was issued in 2009 to supplement laws involved in basic construction and
investment. Later, there were Law No 71/2014/QH13 - revising taxation laws -
and Law No 106/2016/QH13 - supplementing value-added, special consumption and
taxation management laws.
As far as
we know, a law to modify different laws is suitable for urgent revision of
regulations - or for revision of regulations with a similar content which is
stipulated in different laws. This aims at comprehensiveness and consistency
of the regulations.
There are
opinions saying that laws related to business and investment remain
inconsistent and incomprehensive. What do you think?
This is
true and it reflects the current practice. In fact, some legal documents
involved in business and investment activities have become outdated and have
not been updated in a timely way to catch up with modification of the
Investment Law. This has led to conflicting regulations and caused
difficulties for businesses and investors. Now is the time for us to
coordinate with ministries and sectors to review regulations for the sake of
investors and enterprises.
Does the
MPI hear opposite opinions from professional agencies while drafting the new
law?
We hear
some different points of view. But there is a high consensus among ministries
and sectors, which put national interests and business development above all.
Eliminating
business conditions in some areas may loosen the role of State management.
What can be done to create the best business and investment environment,
while maintaining proper management of enterprises?
As a matter
of principle: we do not relax management. Administrators just change the way
of managing firms. If the authorities do not find any risks of an enterprise harming
security and national defence, they will only supervise it in the
post-licensing phase.
Compiling
the new law, which will modify many other laws, is a complicated project. Is
it feasible for the National Assembly to adopt the law in an upcoming session,
as the Government expects?
This
complex project has been carried out in a short period of time. But the MPI
has actively coordinated with ministries, sectors and associations,
especially the Viet Nam Chamber of Commerce and Industry, to scrutinise related
contents. We guaranteed careful consideration of State manangement agencies,
experts and the business community with regard to the contents. I expect high
consent of policymakers for the growth of businesses and national
development.
VNS
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Thứ Năm, 27 tháng 10, 2016
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