Decision 999/QD-TTg 2019 scheme on promotion of the model of sharing economy

DECISION

Approving the scheme on promotion of the model of sharing economy^[1]

THE PRIME MINISTER

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to Resolution No. 13/NQ-CP of February 8, 2018, on the Government’s January 2018 regular meeting, and Resolution No. 124/NQ-CP of October 6, 2018, on the Government’s September 2018 regular meeting;

At the proposal of the Minister of Planning and Investment,

DECIDES:

Article 1.To approve the scheme on promotion of the model of sharing economy with the following principal contents:

1. Objectives

a/ To ensure an equal business environment for businesses operating after the model of sharing economy and those operating after the model of traditional economy;

b/ To ensure lawful rights, responsibilities and interests of parties participating in the sharing economy model, including service providers and users and platform as a service providers;

c/ To encourage innovation, application of digital technology and development of digital economy.

2. Viewpoints

a/ To advocate and adapt to new development trends of the model of sharing economy amid the rapid development of digital technology in the world; it is not necessary to adopt special policies for business forms after the model of sharing economy for the reason that sharing economy does neither constitute a separable part nor a separate sector of the economy.

b/ The state management needs to ensure the development of lawful economic activities, including sharing economic activities; change its approach and method to suit the development trend of digital economy and the Fourth Industrial Revolution; and raise the awareness and capacity of enterprises, localities and the people about the model of sharing economy.

c/ To create an equal business environment between enterprises engaged in sharing economy and enterprises engaged in traditional business models and between domestic enterprises and foreign enterprises toward supporting enterprises engaged in traditional business models to transform their business forms. The State shall encourage and prioritize the enhancement of innovative capacity of platform as a service-providing enterprises; make enterprises the center of the innovation system; support domestic technological enterprises in developing and creating digital platforms, and support digital transformation and digitization at the enterprise level and in the whole economy.

d/ To implement mechanisms of experimenting new policies (in sandbox format) for the deployment and application of new technologies in the model of sharing economy.

dd/ To improve the management capacity of the state apparatus in the context of the Fourth Industrial Revolution in order to meet the management requirements and promote the model of sharing economy. To promote models of sharing economy that meet the national interests and socio-economic development level, ensuring compliance with international commitments to which Vietnam is a contracting party.

e/ To limit risks related to the protection of consumer interests and prevention of tax losses and shirking of fulfillment of obligations and responsibilities in accordance with law.

3. Orientations for state management solutions to promote the model of sharing economy

a/ Group of solutions to exercise rights and perform responsibilities of service providers in the sharing economy

- To build the capacity to clearly understand personal and corporate responsibility for reporting on information related to sharing economic activities to state management agencies, including operational information, tax obligations and specialized management regulations.

- To develop mechanisms and policies to minimize the risks for parties during sharing economic activities, including early warning for service providers.

- To address issues arising in the sharing economy related to labor, employment and social security.

- To create markets for every citizen to participate in sharing business activities (including space, commodities and skills).

- To formulate policies to support service providers to participate in the market (participation in sharing economic activities) such as simplifying licensing procedures, and providing financial support for startup individuals or enterprises that have ideas from sharing activities.

b/ Group of solutions to exercise rights and perform responsibilities of service users in the sharing economy

- To improve the ability to understand and use digital economic services and the law on digital contracts for service users; to ensure occupational health and safety of payment for electronic contracts.

- Ministries and sectors shall intensify their coordination and sharing of information and data with one another in the state management and administration; and at the same time develop a mechanism for information and data sharing among ministries, sectors and administrations at all levels, enterprises and trade associations.

- The State shall formulate mechanisms and policies to minimize risks encountered by parties in sharing economic activities, including consumer protection mechanisms.

c/ Group of solutions to exercise rights and perform responsibilities of technological enterprises and platform as a service-providing enterprises in the sharing economy

- To further improve the legal framework, thereby creating favorable and stable conditions for platform as a service-providing enterprises to innovate and get access to financial sources, encourage competition and support enterprises in R&D activities.

- To consolidate the linkage between innovative enterprises and training and scientific research institutions in order to increase contributions of universities and state research institutions for innovation activities of platform as a service-providing enterprises.

- To formulate policies to allow small-scale experimentation within a limited duration of new platform as a service-providing activities; to pay respect for novelty and creativity in operation of technological enterprises and platform as a service-providing enterprises, encouraging them to take advantage of connection sharing and technologies.

d/ Group of solutions for the State to build and develop an ecosystem for business and investment after the model of sharing economy

- To create an equal business environment between the sharing economy and traditional economy: To review and annul the regulations on business conditions no longer suitable to traditional business lines and applicable to the sharing economy.

- To formulate policies to proactively develop the sharing economy and promulgate appropriate standards and regulations: To promote technological innovation and development, prioritize the research and development of technological platforms, and develop human resources and infrastructure for development of sharing economy.

- To revise the current legal system and policies to be in line with activities of the sharing economy, particularly those clarifying responsibilities of parties involved in sharing economy and responsibilities of state agencies in the management of this business model.

- To renew the state management of economy: Ministries and sectors shall strengthen their coordination in the state management and administration; and accelerate the building of an e-government.

- To formulate a mechanism for information and data sharing among administrations at all levels, enterprises, trade associations and business households.

- To intensify the application of inspection and examination solutions: To improve the legal framework for managing electronic payment activities for the provision of cross-border services in order to ensure the payment sovereignty for foreign enterprises providing cross-border services in Vietnam’s territory.

- To increase the capacity of state management in order to ensure cyber and information security, protect the privacy of citizens and organizations, and ensure sovereignty over cyberspace: To formulate mechanisms for parties in sharing economic activities to control the use of information in accordance with their agreements; and fully realize the international commitments on opening the service market (including Internet services) and e-commerce to encourage enterprises to perform well on the digital technological platform.

Article 2.Organization of implementation

1. Tasks of the Ministry of Planning and Investment

- To act as the focal agency for coordinating the monitoring and coordination among ministries and sectors in revising the current legal system and policies to meet the requirements of the management of sharing economic activities.

- To assume the prime responsibility for, and coordinate with the line ministries in, reviewing business conditions toward simplifying administrative procedures in order to ensure the equal footing for forms of traditional business and sharing economy.

- To prepare reports on assessment of impacts of a number of main forms of sharing economy on the economy.

- To set up an interdisciplinary working group to collect opinions and propose solutions to address problems arising in the implementation of sharing economic activities.

2. Tasks of the Ministry of Finance

- To organize the application of new technologies of the Fourth Industrial Revolution in taxation; to promulgate and guide the implementation of tax policies and the tax administration of sharing economic activities.

- To study and elaborate legal documents to guide the implementation of the Law on Tax Administration to meet the tax administration requirements for sharing economic activities.

- To study and formulate a mechanism for information and data sharing between state management agencies and tax offices to meet the tax administration requirements of sharing economic activities.

3. Tasks of the Ministry of Transport

- To review and annul the regulations on business conditions that are no longer suitable to traditional transport business lines, and at the same time add necessary conditions for sharing economic services.

- To guide the implementation of the regulations and conditions for the provision of by-automobile transportation services.

- To revise the Law on Road Traffic, Law on Inland Waterway Navigation and Vietnam Maritime Code and include the model of sharing economy in the revised contents of these documents.

- To coordinate with the Ministry of Finance in guiding transport service providers that use electronic transportation contracts in sending e-invoices of trips to contractual accounts of passengers and e-invoice information to the General Department of Taxation as required by the Minister of Finance.

4. Tasks of the Ministry of Industry and Trade

- To study and formulate policies to develop models of sharing economy to promote sustainable production and consumption.

- To study, propose and formulate e-commerce development policies for the 2021-2025 period toward facilitating and encouraging e-commerce activities after model of sharing economy.

- To review and complete regulations on e-commerce to cover newly arising operational models in line with the development trend of sharing economy.

- To study the regulations on cross-border e-commerce services and propose management methods suitable to practical requirements as well as integration commitments.

5. Tasks of the Ministry of Information and Communications

- To study regulations on cross-border information technology services for proposal during the negotiation of integration commitments, and for addition to to-be-revised documents on information technology in the coming time.

- To develop training programs and projects to raise the awareness about rights and obligations of individuals and entities participating in the sharing economy.

- To study mechanisms, policies and regulations for national digital infrastructure development in order to create favorable conditions for the development of the model of sharing economy; to promote the connection and sharing of national databases of state agencies to provide online public services and develop the model of sharing economy.

6. Tasks of the State Bank of Vietnam

- To elaborate regulations on cross-border payment transactions via payment gateways licensed by the State Bank. To coordinate with ministries and sectors in revising and completing the legal framework for management of e-payment activities regarding the provision of cross-border services by foreign enterprises outside Vietnam into the country.

- To study and work out a scheme on the mechanism for trial management of fintech activities in banking operations.

- To study a pilot mechanism for management of peer-to-peer lending activities.

7. Tasks of the Ministry of Culture, Sports and Tourism

- To study relevant laws on room sharing services and the condotel model.

- To assume the prime responsibility for, and coordinate with related ministries and sectors in, elaborating and perfecting regulations on the management of tourist accommodation after the model of sharing economy in Vietnam.

- To assume the prime responsibility for, and coordinate with related ministries and sectors in, elaborating and perfecting regulations on the management of the model of sharing economy in tourism.

8. Tasks of the Ministry of Science and Technology

- To review the legal system and issues related to the state management of science-technology and innovation related to the sharing economy; to study and revise the documents on state management of standards, metrology and quality control related to the application of platform technology and quality regulations for accompanying services; regulations on intellectual property and technology transfer; and regulations on testing of new products and services.

- To review issues related to the development of platform technology (Internet, mobile phones, global positioning, etc.) in relation to the model of sharing economy and propose appropriate amendment policies.

- To study and propose a pilot adjustment management mechanism (sandbox) on the implementation and application of new technologies in models of sharing economy.

9. Tasks of the Ministry of Labor, Invalids and Social Affairs

To study the issues related to employment, income, social security (including social insurance), industrial relations, and legal status of parties, and propose solutions to guarantee rights and obligations of laborers participating in the model of sharing economy.

10. Tasks of the Ministry of Construction

To study and review relevant regulations on the officetel model.

11. Tasks of the Ministry of Natural Resources and Environment

- To study and propose regulations to clearly define responsibilities of participants in the model of sharing economy in fulfilling the requirements on effective use and exploitation of natural resources and environmental protection.

- To study and propose measures to promote the reuse and recycling of wastes in the fields related to the model of sharing economy.

12. Tasks of the Ministry of Public Security

- To assume the prime responsibility for, and coordinate with ministries, sectors and localities in, ensuring security, order and information confidentiality in the implementation of the sharing economy, ensuring equality and innovation promotion.

- To develop and complete the national database on population and propose the permission for this database to be shared and openly connected with financial, banking, telecommunications and insurance services.

13. Tasks of the Ministry of Justice

- To coordinate with ministries and sectors in clarifying the nature of sharing economic activities regarding the civil and/or specialized fields.

- To review and propose the revision of civil regulations on transactions, contracts, ownership, property rights and dispute settlement mechanism related to the model of sharing economy.

14. Tasks of the Ministry of Agriculture and Rural Development

- To review and complete regulations serving the agricultural restructuring in line with the development trend of sharing economy.

- To assume the prime responsibility for, and coordinate with related ministries and sectors in, formulating policies on application of the model of sharing economy in order to optimize the use of resources for agricultural production.

15. Tasks of the Ministry of Education and Training

- To study and develop policies to promote models of sharing economy in education and training (such as shared electronic libraries, open learning resources or distance learning via the Internet, etc.).

- To assume the prime responsibility for, and coordinate with enterprises developing toward innovation, education and training institutions and scientific research institutions in implementing programs and schemes on educational renovation under the orientations for information technology development in the era of the Fourth Industrial Revolution.

16. Tasks of the Ministry of Health

To study and develop policies to promote models of sharing economy in the health sector (such as the shared use of medical equipment or remote diagnostics, etc.).

17. Tasks of the Vietnam Academy of Social Sciences

- To study international experience and theoretical and practical bases related to the model of sharing economy.

- To assess social impacts of the model of sharing economy in Vietnam.

18. Tasks of other ministries and sectors

- To review within their state management functions issues related to the sharing economy, formulate schemes and regulations on coordination and management of sharing economic activities and propose appropriate amendments and supplementations.

- To coordinate with the Ministry of Finance and localities in connecting and exchanging information with tax offices and in tax administration.

19. Tasks of provincial-level People’s Committees

- To review activities after the model of sharing economy in their localities and implement all prescribed management measures.

- To promulgate regulations on business in the form of sharing economy in their localities as suitable to practical conditions, which must not be contrary to law.

Article 3.This Decision takes effect on the date of its signing.

Article 4.Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related units and organizations shall implement this Decision.-

Prime Minister
NGUYEN XUAN PHUC