The government and the National Assembly Standing Committee are working around the clock to finalize a resolution on special mechanisms and policies to develop the private sector.
On May 15th, with a unanimous vote, the National Assembly adjusted its agenda to include the resolution, which will be voted on May 17th, just before the National Conference on the implementation of Resolution 68 of the Central Committee.
This afternoon, May 15th, the National Assembly will discuss and provide feedback on the draft resolution on mechanisms and policies to develop the private sector. Along with this, they will also discuss a draft resolution on special mechanisms and policies to create breakthroughs in law-making and enforcement.
Ensuring the Feasibility of the Resolution
On May 14th, the National Assembly Standing Committee met to provide initial feedback on the aforementioned draft resolution.
The draft resolution, presented by Deputy Minister of Finance Nguyen Duc Tam, consists of 7 chapters and 17 articles, aligning with the orientations and solutions outlined in Resolution 68 of the Central Committee regarding the private sector.
The Finance and Economics Committee, led by Chairman Phan Van Mai, agreed with the draft resolution. They also suggested that the drafting agency carefully review Resolution 68 to perfect its content and promptly institutionalize its orientations into the laws to be passed at this 9th session.
National Assembly Chairman Tran Thanh Man emphasized the urgency of this resolution and agreed to present it to the National Assembly. He stated that special mechanisms and policies are necessary for the private sector, which is currently hindered by limitations and challenges.
 National Assembly Chairman Tran Thanh Man emphasized the urgency of a resolution on special mechanisms for private sector development. Source: QH
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To ensure the resolution can be presented to the National Assembly for approval on May 17th, Chairman Tran Thanh Man instructed relevant agencies to review the resolution’s content, ensuring conciseness and highlighting the breakthroughs and innovations in private sector development.
He noted that this resolution is the first step towards a more comprehensive law on the private sector, which could be realized by 2026.
The Chairman also emphasized the need for a shift in mindset towards a more enabling and less controlling approach, aligning with the direction set by General Secretary To Lam. He stated that the government’s role is not to stand outside the market or interfere deeply in business operations but to provide legal assurance and support for digital transformation and innovation, thereby accompanying the private sector on its development journey.
“I urge the reviewing agency to be more proactive to ensure that when the resolution is passed, it will receive high consensus from society,” Chairman Tran Thanh Man added.
Proposing Solutions to Minimize Impact on Businesses during Investigations
Since the issuance of Resolution 68 by General Secretary To Lam, the business community, experts, and scholars have expressed their agreement and hoped for its comprehensive institutionalization.
In their feedback, the Vietnam Chamber of Commerce and Industry (VCCI) noted that the draft resolution’s provisions on distinguishing between the responsibilities of legal entities and individuals were not clear enough in terms of content and expression.
Mr. Dau Anh Tuan, VCCI’s Deputy Secretary-General, raised a question: “Does the distinction between the responsibilities of legal entities and individuals in handling violations mean that if a legal entity violates the law, only the entity will be handled and not the individuals involved? If an individual performs acts within the scope of their authority, will they not be handled if the legal entity violates the law?”
 Mr. Dau Anh Tuan, VCCI’s Deputy Secretary-General, suggested a mechanism for businesses to agree on a plea and continue their core business activities. Source: QH |
Regarding cases that require criminal handling, VCCI suggested that a quicker handling process would help businesses recover and continue their operations. They referenced the plea agreement mechanism used in other countries, where businesses admit their actions, pay a fine, and quickly resume their core activities. This reduces the likelihood of businesses collapsing while their leaders serve prison sentences. Therefore, VCCI proposed considering a similar mechanism.
Regarding Clause 6, Article 4 of the draft resolution, which states that “In cases of insufficient or unclear evidence, a conclusion must be made and publicly announced promptly,” VCCI emphasized the importance of Clause 10, which states that “reasonable measures shall be used to ensure the preservation of assets related to the case, minimize the impact of the investigation on production and business activities, and obtain the agreement of the prosecuting agencies without affecting the investigation.”
VCCI pointed out that when a business is investigated for violations, the managers are often prosecuted and detained, significantly impacting the business’s operations and sometimes leading to a halt in operations until new managers can be appointed.
“It is necessary to distinguish between the responsibilities of the business and the individual managers and apply reasonable measures to the latter. We propose adding provisions related to the application of necessary and reasonable measures for business managers,” VCCI suggested.
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Providing More Details for Feasibility The Standing Committee of the Law and Judiciary Committees, during their review of the draft, noted that the principles for handling violations and resolving issues in business activities are already stipulated in relevant laws such as the Criminal Code, Criminal Procedure Code, and Administrative Procedure Law. Additionally, these contents are general principles and do not specifically implement the provisions of Resolution 68 in practice. The Standing Committee suggested that the drafting agency review and include only those contents not covered by current laws and continue to research and elaborate on these contents to ensure the feasibility of the provisions. Regarding the principle of inspecting businesses, households, and individuals, the Standing Committee found it unclear whether the inspection frequency of “no more than once a year” applies to each form of inspection or all forms combined. If the former is the case, it does not fulfill the requirement of Resolution 68 to “end the situation of overlapping, repetitive, prolonged, and unnecessary inspections.” The Standing Committee proposed that the drafting agency clarify this principle to fully embody the spirit of Resolution 68 and facilitate its practical implementation. |
CHAN LUAN
– 10:43 15/05/2025
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