Resolution 19 of 2018: Emphasize the cutting down of business condition, procedure of specialized inspection


The Government has issued Resolution 19-2018/NQ-CP on continuing implementing tasks and solutions mainly focusing on improving business environment to enhance national competitive capacity in 2018 and following years.

Updated on : 26-05-2018

Resolution 19 of 2018: Emphasize the cutting down of business condition, procedure of specialized inspection

The target of the Resolution is focusing on improving business environment indexes so that it will increase the rank from 8 to 18 in the World Bank's ranking in 2018; in that improving strongly the indexes that are currently low in the rank.

Specifically, business start-ups shall be increased by at least 40 steps; contract dispute resolution shall be increased by 10 steps; settling bankruptcy of enterprises shall be increased by 10 steps.

Complete the abolition, simplify 50% of investment and business conditions; To propose to abolish a number of conditional business lines and trades according to the list of conditional business lines of the Investment Law; To reduce at least 50% of the list of goods subject to specialized inspection; Strongly transform state management from pre-audit to post-audit; substantially eliminating the status of goods items that are subject to be managed or to specialized inspection by more than one authority; To reduce the proportion of imported goods subject to specialized inspection at the customs clearance stage from 25-27% to below 10%.

To speed up the IT application in solving administrative procedures and implementing online public services. By the end of 2018, most popular public services involving people and enterprises are provided at levels 3 and 4.

Develop action plan

The Government requests the ministers, the chairman of the People's Committees of the provinces and cities to direct and organize to implement tasks and solutions for improving the business environment. Also, to enhance the competitiveness capacity that is under and responsible to the Prime Minister for the results obtained within the branch or locality.

Specifically, the ministries and sectors will develop action plans to implement Resolution No. 19-2018 / NQ-CP, completed by 31/5/2018, in that it specifies the objectives and tasks to be implemented, the legal documents that must be supplemented, amended, the time limit for completion as well as the units and individuals who are responsible, methods of monitoring and evaluation.

People's Committees of provinces and cities shall develop an Action Plan to implement Resolution 19-2018 / NQ-CP, completed by 31/5/2018, in that focusing on administrative reform, improvement business start-up indicators, building permits and related procedures, access to electricity, property ownership and use registrations, taxation and social insurance in line with international practice.

Enhanced IT applications

In addition, the Government required ministries and sectors to apply IT in public service; accelerating bank payments for public services (such as taxes, electricity, water, school fees, hospital fees and social security payments); improve the quality of tourism infrastructure, health care, security, safety, environmental sanitation of tourist sites.

Implementing practical solutions to reduce logistics costs such as: Reducing congestion at seaports and airports. Directing the application of measures to improve management efficiency and business efficiency of seaport management units, thereby reducing logistics costs for shippers; To coordinate inspection and examination activities, minimize the number of inspections and inspections of enterprises, including specialized inspection and examination; evaluating the creativity and performance of departments and district-level People's Committees according to the provincial and district level competition indexes; Combine the implementation of the Government's Resolution No. 19-2018 / NQ-CP with the improvement of the provincial competitiveness index.

To tighten discipline, increase integrity, creativeness and raise the efficiency of public duties; directing cadres and civil servants, especially heads of affiliated units, to change their working attitude to serve the interests of people and enterprises; To promptly detect and replace officials and civil servants in procuring administrative procedure reforms, removing barriers, facilitating business investment or abusing their competence and positions for personal interest and gain.

To organize the implementation of the single window mechanism, single window connection and applying IT in handling administrative procedures and providing online public services; Applying the management system of ISO:9001 quality into the operation of authorities and organizations under the State administrative system; To build national databases on population, land and enterprises and share information databases in service of state management; hiring IT services in the activities of state agencies, outsourcing services related to payment; IT human resource training.

To conduct the inspection, examination and audit in a uniform manner, avoid overlapping, affecting the operation of enterprises, strictly comply with the direction of the Prime Minister on the inspection of enterprises; Ensure equal rights of enterprises before the law.

An export or import item is managed only by one ministry or authority

Regarding the review and cutting off the investment and business conditions, for the ministries which have reviewed and decided to abolish specific investment and business conditions, they should finish the amending and supplementing relevant Decree and submit to the Government for promulgation in the third quarter of 2018. For the ministries which have not yet reviewed or have not received results of the review, they must complete the review and elaboration of plans on cutting off, supplementation and modification of regulations on investment and business conditions before June of 2018. Also, they need to complete the draft Decree on amending and supplementing the Decree on conditions for business investment, which abolishes the investment and business conditions that are no longer required, then submit to the Government in the third quarter of 2018.

Regarding the reform of regulations on specialized inspection, the Ministry of Finance (General Department of Vietnam Customs) shall collect and supply the list of goods subject to specialized inspection by the specialized management ministries, on that basis, to recommend the list of specialized inspection items that should be cut off.

Ministries and branches shall cut off at least 50% of the list of goods and products which are subject to specialized inspection in each field in the year of 2018. The list of goods subject to reduction must be attached to the corresponding HS codes specified in the list of export and import goods of Vietnam issued together with the Circular No. 65/2017 / TT-BTC of Ministry of Finance dated 27/6/2017, and must be specified in a specific decision.

Before 31/10/2018, they have to complete the review and propose for amendments, supplements and relevant legal documents aiming to: Change the function and competence of the ministries towards the orientation of one ministry or sector is responsible to manage one exported & imported goods item; To renovate the state management mode, mainly from pre-inspection to post-inspection, applying the principle of risk management, assessing the level of law observance by organizations and individuals, and not applying the form of inspection for each shipment, except for quarantines.

To create a competitive and transparent environment that encourages the development of market on testing, inspection and certification services; eliminate the monopoly of some organizations designated by the specialized management ministries as present.

Recommend to reduce information disclosure fee by at least 50%

The Ministry of Planning and Investment shall assume the prime responsibility and coordinate with the Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs and the Vietnam Social Insurance and concerned agencies in improving the rankings of the business start-up index in accordance with the objectives; Increasing the business start-up rating at least 40 steps in the chart; combining information disclosure at the same time of enterprise registration; it has to completed before June of 2018; Recommend to reduce the information disclosure fee by at least 50%.

The Ministry of Finance continues to implement measures to improve the tax payment targets set forth in the Resolution No. 19; To strive to reduce the tax payment time (excluding social insurance payment time) to 119 hours. To publicize the database on tax refund, ensure 100% of tax refund dossiers subject to inspection and strive to ensure that 100% of taxpayers' dossiers shall be settled within the prescribed time limit of the law. To publicize and clarify the provisions of the Law on Tax Administration, the inspection procedures, the settlement of complaints and reimbursement of value added tax.

Besides that, to basically solve problems related to determining and consulting the determination of tax calculation values for import and export goods strictly according to law provisions and in accordance with the Agreement on the Determination of Dutiable Value offices; Solving problems of enterprises on the working time of Customs Sub-Department express delivery, in the direction of this each unit must arrange personnel to carry out fast customs procedures 24/7 for goods exported and imported by couriers; To settle problems related to import tax and export tax, including tax exemption for waste materials, faulty products and surplus raw materials and supplies already imported for processing according to the provisions of Clause 4, Article 10 of the Protocol. Decree 134/2016 / ND-CP dated 1/9/2016.

Promote data interconnection

The Ministry of Information and Communication researched, reviewed and recommended to amend and supplement the Resolution 36a/NQ-CP dated 14/10/2015 on e-Government in order to be appropriate with the digital economy and developing e-government. To speed up the completion of the national data integration axis in order to carry out data transfer among ministries and branches in service of the management and implementation of electronic transactions.

In addition, the Ministry of Information and Communications has coordinated with relevant ministries and sectors to review and propose to amend and supplement the legal framework for telecoms and gaming cards of telecom companies; To intensify the strict management of the provision of online video games in order to prevent gambling and disguised forms of gambling.

The Ministry of Culture, Sports and Tourism shall assume the prime responsibility for, and coordinate with ministries, agencies and localities in studying and developing key tourist products; Expanding the development of new tourism products, potential ... Ministry of Public Security will lead, in collaboration with the Ministry of research, proposals to improve visa regulations.

The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with ministries, agencies and localities in, monitoring and supervising to ensure full and consistent implementation of the regulations on investment and business conditions, state management. To continue reviewing, proposing the abolition and simplification of regulations on investment and business conditions; renovate and improve the effectiveness of state management.

The Ministry of Natural Resources and Environment will chair and coordinate with the ministries, and the provincial People's Committees to implement necessary measures in order to reduce the time of registration for asset ownership and use to 20 days; To abolish unnecessary dossiers, simplify contents of dossiers, simplify procedures and conduct interconnection by electronic communication in settling administrative procedures for granting land use right certificates, leasing land, registering land, granting ownership of construction works certificates with procedures for determining financial obligations on land.

The Ministry of Construction continues to speed up the process of reforming administrative procedures for construction licensing; Apply IT, implement online for permit procedures of building to reduce costs, especially unofficial costs.

The State Bank of Vietnam (SBV) continues to implement effective solutions to improve and clarify credit information, enabling businesses, organizations and individuals of all economic sectors in receiving credit funding under market mechanism equally and smoothly.

The Ministry of Labor, War Invalids and Social Affairs shall review, amend and supplement the social insurance and unemployment insurance policies in order to ensure the effective implementation of policies and encourage the development of enterprises.

The Ministry of Education and Training shall perfect the policy of raising the quality of education and training establishments; develop mechanisms and promote quality assurance of education.

The Office of the Government shall carry out and organize the inspection and supervision of the reform of administrative procedures, the implementation of the one-stop shop and the one-door mechanism in dealing with administrative procedures. To monitor, urge and advise on the implementation of online public services at level 3 and 4 in ministries, branches and localities. At the same time, continue to improve the efficiency of receiving, classifying and coordinating the feedback, recommendations and policy responses of enterprises and people at the Government Portal.

Source:  Customs News

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