Unblocking Private Sector Development

At the 45th meeting of the National Assembly Standing Committee on May 14th, the Committee gave opinions on the draft resolution of the National Assembly on special mechanisms and policies for private sector development.

National Assembly Chair Tran Thanh Man assured that the Assembly would strive to pass the resolution on May 17th.

At the meeting, Deputy Minister of Finance Nguyen Duc Tam presented a summary of the proposal.

The proposal clearly states the need to institutionalize the guidelines, views, mechanisms, and policies in Resolution No. 68-NQ/TW, addressing bottlenecks in private sector development. These mechanisms and policies should be practical, effective, and immediately applicable.

The draft resolution also aims to mobilize diverse resources and unleash social resources to focus on rapidly developing economic and social infrastructure, meeting the requirements for double-digit economic growth in the next phase.

It outlines principles for inspection, examination, licensing, and certification for businesses, business households, and individuals.

This will enhance the effectiveness of inspection and examination, addressing overlapping and redundant inspections, and shifting the focus to post-inspection instead of pre-inspection.

According to the draft, inspections and examinations for businesses, business households, and individuals should not exceed once a year, unless there is clear evidence of violations.

It also emphasizes strict handling of acts of harassment and causing difficulties for businesses under the guise of inspections and examinations. Remote inspections based on electronic data are prioritized, reducing direct inspections.

Businesses that comply with legal regulations are exempt from on-site inspections. The management of business conditions will shift from licensing and certification to self-declaration of business conditions and post-inspection, except for a few sectors that require licensing according to international regulations and practices.

The draft also clearly distinguishes between the responsibilities of legal entities and individuals, as well as between criminal, administrative, and civil responsibilities.

For civil and economic violations, civil and economic measures are prioritized. Businesses, business households, and individuals are encouraged to proactively remedy violations and damages. In cases where the application of the law may lead to criminal prosecution or not, the decision should be made not to prosecute.

For violations that reach the level of criminal prosecution, proactive, timely, and comprehensive economic remedies are prioritized. These remedies serve as an important basis for prosecution, investigation, indictment, trial, and subsequent handling procedures.

The draft resolution also states that retroactive application of legal provisions to the detriment of businesses, business households, and individuals is not allowed.

In cases where information, documents, and evidence are not clear enough to conclude a violation of the law, a conclusion should be made promptly according to legal regulations, and this conclusion should be made public.

The principle of presumption of innocence must be ensured during the investigation, prosecution, and trial processes.

Deputy Minister of Finance Nguyen Duc Tam presents a summary of the proposal

Keeping to the timeline for the resolution’s passage this week

Chair Tran Thanh Man highly appreciated the completion of the draft resolution just ten days after the issuance of Resolution No. 68-NQ/TW. He acknowledged the positive work of the drafting agencies to meet the deadline for the resolution’s passage this week.

According to Chair Man, the National Assembly will strive to pass the resolution on Saturday, May 17th. This resolution is concise and contains new breakthroughs in private sector development.

Additionally, when amending a series of laws in the future, related contents will be modified and supplemented in laws on criminal, civil, administrative, inspection, tax, science, and technology matters.

To finalize the draft before submitting it to the National Assembly, Chair Man suggested that agencies review the contents related to supporting science, technology, innovation, and digital transformation. He also emphasized the importance of improving the business investment environment and ensuring equality between domestic and foreign private enterprises.

Regarding international agreements and commitments, the Chair reminded the agencies to carefully review and avoid conflicts with previous international treaties and laws. He stressed the need to change the mindset from controlling to serving, and from administrative management to creation and service.

Moreover, Chair Man highlighted the significance of ensuring financial resources to implement the policies. The policies on supporting infrastructure investment, land rent exemption for high-tech enterprises and small and medium-sized enterprises, credit support for startup and innovative enterprises, and tax exemption policies require substantial financial resources. He also suggested reviewing the policy beneficiaries to ensure feasibility in practice.

The Chairman of the Committee for Science, Technology, and Environment, Le Quang Huy, suggested prioritizing immediate issues and not being overly ambitious in resolving everything in one resolution. He also proposed a supervision mechanism to avoid risks and ensure harmony and balance.

In response, Deputy Prime Minister Nguyen Chi Dung explained the difficulty in selecting the content to be included in the resolution. Regarding the provisions related to criminal, civil, and administrative responsibilities, as well as inspection and examination, he stated that these are significant policies that the business community eagerly anticipates. Including them in the resolution conveys the message and direction of the National Assembly, even if they cannot be immediately implemented. They will guide the subsequent revision of related laws.

Concluding the meeting, Vice Chairman of the National Assembly Vu Hong Thanh appreciated the collaboration between the Economic and Financial Committees and the Ministry of Finance. He acknowledged their proactive efforts in finalizing the draft resolution, which is now ready to be submitted to the National Assembly for consideration on May 15th.

Before the official submission, Vice Chairman Thanh requested the agencies to carefully consider the opinions expressed during the meeting and make necessary revisions to the draft resolution. The revised version should be sent to the National Assembly deputies through the National Assembly’s information app by the end of the day.

Nhat Quang

– 08:30 15/05/2025

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