b) The principles of state management innovation for enterprises

- Ensuring the business freedom of enterprises in accordance with the requirements of socialist -oriented market economy development, with the domestic law and international practice.

- Performing the State management over enterprises by law to enhance the effectiveness and effect of the work of the State’s inspection and supervision.

- The responsibility of the state management over the enterprises must be clarified associated with the functions and duties of each specific state management agency. The state agencies manage the enterprises in each area of operation and business of enterprises. The multi-sectorial enterprises are managed by many state agencies, each agency is responsible for the management of the operation of enterprises in each area of respective specialty.

The state management over the enterprises should be linked to the enterprise monitoring activity of other entities to encourage and promote the role of monitoring and supervision of the intra-enterprises, inspecting and monitoring by the creditors, customers, associations, society and the community over the operation of the enterprises.

2. The key solutions

a) The group of innovative solution of enterprise monitoring model after the establishment registration in the direction to promote the role of the society and other entities in order to support the State in the management and supervision of enterprises:

- Developing information system on enterprises nation-wide, strengthening the connection and online exchange of information on enterprise registration between the business registration agencies, market management, tax, customs , statistics and inspection ... as a tool to manage, supervise, handle violations of enterprises; expeditiously perfecting the mechanisms, policies and information technology so that the information system of national enterprise registration is able to be the hub to provide legal information on the enterprise registration, building the registration portal for the national enterprise registration to publicize the data on enterprise registration in accordance with the law in order to reduce risks for enterprises in economic transactions to help them operate more transparently and safely.

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Strengthening the work of information and communication on the state management over the enterprises after the establishment registration as well as the law on enterprise in order to improve the understanding and sense of legal compliance of enterprises; regularly organizing dialogues between the State management agencies with enterprises; enhancing refresher courses and training of specialized knowledge on the Enterprise Law, Law on investment and the law on conditional business lines for enterprises; directly advising enterprises at the state management agencies, via phone and internet…, setting up hotlines to receive feedback on the violation of the enterprises at the People's Committee of districts and provincial-run cities.

b) The group of innovative solution of the work of building the enterprise law:

Perfecting the general legal framework system on business in line with the market mechanism

Organizing the timely building of legal normative documents for the implementation guidance.

Amending and supplementing the Investment Law and Enterprise Law, perfecting the guiding documents on the establishment, organization, internal management, dissolution and transformation of enterprise in the direction of respecting the business freedom of the people and simplifying the administrative procedures in order for the enterprises to enter and withdraw from the market easily.

Perfecting the general legal framework for the bankruptcy for the types of enterprise; modifying and finalizing the regulations on the order and enterprise bankruptcy procedures in the direction of simplifying and shortening the duration to implement the enterprise bankruptcy.

Perfecting the legal regulations on economic contracts, commercial act and antitrust in the economy, the labor standard, salary; social responsibility of enterprises; insurance policy and social security.

Developing the mechanisms of promulgation and controlling the regulations on the conditioned business lines:

Reviewing, aggregating and systematizing the conditioned business lines; publicizing and transparentizing the areas and conditioned business lines to direct the enterprises, investors and people to fully comply with the business conditions as regulated when participating in these lines; annulling the regulations that do not truly reflect the reality with the higher cost of implementation than the efficiency obtained; respecting the business freedom of the people.

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Perfecting regulations on inspection, verification and handling of violations

Perfecting the legal system of inspection, verification and supervision of enterprises’ operations after the establishment registration; amending, supplementing and perfecting the system of regulation on sanctioning and handling administrative violation deterrent enough for enterprises’ violations; enhancing the regulations on compulsory implementation of sanctioning decision on enterprises’ administrative violations

Strengthening the enforcement and administrative measures for officials who do not comply with the law on enterprises, taking advantage of the state power to make it difficult for the enterprises.

c) Group of solutions to improve the efficiency and effect of the state management machine for the enterprises after the establishment registration:

Clearly specifying the power and responsibilities of the state agencies in enterprise management after the establishment registration

Promulgating specific regulations on coordination among the state management agencies from the central to local authority in implementing the tasks of the State management over enterprises after the establishment registration in the direction of enhancing the effect and efficiency in accordance with the regulations of law without overlapping and causing inconvenience to the enterprises.

Thoroughly applying information technology in the work of business registration, exchange of information among the State management agencies; focusing on perfecting the national database on business registration, leading to connect online and share legal data on enterprises from this database to the other state management agencies; broadly announcing and publicizing information on business registration for the access of all enterprises and people.

Enhancing the capacity and strengthening the organization of the system of agencies and units undertaking the tasks of inspection and verification over the enterprises at all levels and sectors, to ensure both quality of inspection, verification and supervision and limitation of discrimination phenomenon and harassment to cause difficulties for enterprises.

Organizing the training classes to foster and enhance skills, specialized knowledge of the cadres undertaking the work of state management for enterprises at all levels.

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1. The Ministries: Planning and Investment, Finance, Internal Affairs, Science and Technology, Public Security, Labour - Invalids and Social Affairs, Culture, Sports and Tourism, Justice, Industry and Trade, Governmental Inspectorate basing on the approved contents in Article 1 of this Decision will coordinate with the relevant Ministries and sectors concerned to implement the Program of the state management innovation for enterprises after the establishment registration in the Appendix promulgated together with this Decision.

2. The Ministries, ministerial-level agencies, within the functions and duties of their state management:

a) Monitoring, verifying and aggregating to make report to the government every 6 months periodically on the observance of legal regulations of the enterprises, grasping and promptly making timely report on the acts of legal violation that cause serious consequences for society.

b) Publicizing administrative procedures relating to the enterprises, publicizing information on the act of legal violation of the enterprises.

c) Performing the inspection, verification, monitoring and sanction to the enterprises with legal violation in the area under the scope of functions and tasks of the state management.

3. The People’s Committees of central-run cities and provinces are responsible for:

a) Organizing the implementation of the state management over the enterprises after the establishment registration as prescribed by law; monitoring, verifying, supervising and aggregating the situation of enterprise management after the establishment registration on the scope of localities.

b) Making report to the Government, Ministries, ministerial-level agencies on the issues arising in the actual implementation of work of the state management for enterprises at the localities to promulgate policies and remedial measures in a timely manner.

c) Closely coordinating with the State management agencies in the Central in building and promulgating policies, mechanism and law on the business activities of enterprises.

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dd) Intensifying the work of dialogue with the people, directly recognizing and handling the opinions and reflections of the enterprises, the enterprise managers on the issues of inadequacies in the work of the state management for the enterprises after the establishment registration or making the proposal to the competent state agencies for the timely remedy and handling.

Article 3. This Decision will take effect from the signing date.

Article 4. The Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairmans of People’s Committee of central-run cities and provinces are liable to execute this Decision./.

PP. PRIME MINISTER
DEPUTY PRIME MINISTER



Vu Van Ninh

APPENDIX

PROGRAM OF STATE MANAGEMENT INNOVATION FOR ENTERPRISES AFTER THE ESTABLISHMENT REGISTRATION
(Promulgated together with Decision No. 419/QĐ-TTg dated April 11, 2012 of the Governmental Prime Minister)

No.

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Presiding agency

Coordinating agency

Form of document

Completion time

1

Modifying the Enterprise Law and Law on Investment in the direction of clearly defining state management functions for enterprises and the state management function for investment projects; amending and supplementing and perfecting the regulations on dissolution; the regulations on business management practices by the practice of market economy

Ministry of Planning and Investment

Ministries, sectors and localities

- Law amending and supplementing some articles of the Enterprise Law

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Quarter III/2013

2

Amending and supplementing Decree No. 53/2007/NĐ-CP dated April 04, 2007 and Decree No. 62/2010/NĐ-CP dated June 04, 2010 of the Government stipulating the sanction of administrative violation in the field of planning and investment in the direction of increasing sanctioning level of administrative violation to ensure strong sanction.

Ministry of Planning and Investment

Relevant agencies

Decree supersedes Decree No. 53/2007/ND-CP and Decree No. 62/2010/ND-CP

Quarter IV/2012

3

Perfecting mechanisms and policies, and information technology platform for information system of national registration of enterprises so that the information system of national enterprise registration is able to be the hub to provide legal information on the enterprise registration

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Relevant agencies

Decision of the Minister of the Ministry of Planning and Investment stipulating regulation on management and operation of the information system of national enterprise registration 

Quarter IV/2012

4

Reviewing, summing up and systematizing the conditioned business lines

Ministry of Planning and Investment

Relevant ministries and agencies

Report of Ministry of Planning and Investment

Quarter III/2013

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Scanning and proposing measures to handle the enterprises that registered for establishment but not registered for tax or stopped implementing tax obligations without or not to carry out procedures for dissolution or bankruptcy

Ministry of Finance

Ministry of Planning and Investment

Report to Governmental Prime Minister

Quarter III/2012

6

Studying and making Circular guiding the Decree stipulating the administrative handling of the act of using enterprise name infringing industrial property

Ministry of Science and Technology

Relevant agencies

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...

Quarter III/2012

7

Studying and building Circular guiding the enterprise naming in order not to violate historical traditions, culture, ethics, habits and customs of the nation and the use of celebrity names for the name of enterprise

Ministry of Culture, Sports and Tourism

Ministry of Planning and Investment

Circular of Ministry of Culture, Sports and Tourism

Quarter III/2012

8

Studying and making Decree stipulating the identification of the enterprise founder and manager

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Relevant agencies

Decree of government

Quarter IV/2012

9

Studying, making and reporting to the Government on measures to ensure security and healthy development, sustainability of the enterprises after the establishment registration .

Ministry of Public Security

Relevant agencies

Report to government

Quarter III/2012

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Studying and making plan against falsification of dossier and signature

Ministry of Public Security

Ministry of Justice

Report to Governmental Prime Minister

Quarter IV/2012

11

Studying and making Regulations on form coordination between the authorities of the provincial People's Committee in state management for enterprises after the establishment registration .

Ministry of Internal Affairs

Ministries, sectors and localities

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Quarter III/2012

12

Making Circular stipulating standards of business registration official, personnel organization of business registration agency at provincial and district levels.

Ministry of Internal Affairs

Ministry of Planning and Investment, provincial, municipal People’s Committees

Circular of Ministry of Internal Affairs

Quarter IV/2012

13

Perfecting the supplement of regulations on social insurance, health insurance in order to promote business responsibility in the implementation of the social security regulations for the laborers; the management mechanism of the social insurance premium payment for all types of enterprise 

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Ministry of Health, Vietnam social insurance

Circular of Ministry of Labour, War Invalids and Social Affairs

Quarter IV/2012

14

Coordinating with relevant ministries and sectors to effectively implement the Decision No. 585/QD-TTg May 5, 2010 of the Prime Minister approving the program on interbranch legal support for enterprises in the period 2010 - in 2014.

Ministry of Justice

Relevant agencies

Summary report of the middle and final stage submitted to the Government

Quarter I/2013

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15

Making the scheme of sanctioning regulation system scanning for enterprises.

Ministry of Justice

Relevant agencies

Scheme submitted to the Prime Minister

Quarter III/2012

16

Making the scheme of completion of the legal framework on state trading in accordance with the Commercial Law.

Ministry of Industry and Trade

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Scheme submitted to the Prime Minister

Quarter IV/2012

17

Making Decree of the Government concerning inspection and verification of enterprises 

Governmental Inspectorate

Relevant agencies

Decree of government

Quarter II/2013