Decision No. 419/QD-TTg of April 11, 2012, approval of the scheme of state management innovation for enterprises after the establishment registration

DECISION

APPROVAL OF THE SCHEME OF STATE MANAGEMENT INNOVATION FOR ENTERPRISES AFTER THE ESTABLISHMENT REGISTRATION

GOVERNMENTAL PRIME MINISTER

Pursuant to the Law on Organization of Government dated December 25, 2001;

Pursuant to the Business Law dated November, 2005;

Considering the proposal of the Minister of Planning and Investment,

DECIDES

Article 1. Approval of the scheme of state management innovation for enterprises after the establishment registration with the main contents as follows:

1. Objectives and principles

a) Objectives: Improving the effectiveness and effect of the work of state management for enterprises after the establishment registration; enhancing the legal compliance and minimizing and preventing the state of legal violation of enterprises

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.

Supporting and encouraging the third parties to participate in enterprise monitoring process through the completion and transparency of the process of receiving and satisfactorily handling complaints, proposals and requirements of the community, enterprises, people, organizations and vocational associations ... for the acts of the enterprises.

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.

Perfecting the mechanism of inspecting and monitoring the state of document issuance of state management over the areas and conditioned business lines to ensure the principle of service and support for enterprises.

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.

Article 2. Organization for implementation

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.

d) Closely coordinating with the Ministries, ministerial-level agencies in the activity of training and fostering officials undertaking the work of state management for enterprises; building, deploying program to diffuse, propagate and enhance the legal awareness of citizens and enterprise managers.

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./.

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)