Directive 20/CT-TTg on reform of specialized inspection, reduction, simplification of business conditions

DIRECTIVE

On intensifying the reform of specialized inspection and reduction and simplification of business conditions^[1]

Over the past time, the Government and Prime Minister have drastically directed ministries and ministerial-level agencies to carry out the reform of specialized inspection and reduction and simplification of business conditions in order to improve the business environment and increase the national competitiveness. Related ministries and agencies have implemented the direction of the Government and Prime Minister and achieved the following initial good results: The Ministry of Industry and Trade submitted to the Government for promulgation Decree No. 08/2018/ND-CP of January 15, 2018, amending a number of decrees concerning business and investment conditions under the state management by the Ministry of Industry and Trade, and has slashed 675 business conditions; the Ministry of Health submitted to the Government for promulgation Decree No. 15/2018/ND-CP of February 2, 2018, on food safety management to replace Decree No. 38/2012/ND-CP and has reduced  by 95 percent import shipments subject to food safety inspection, among others.

Yet, some ministries and ministerial-level agencies have not paid due attention to such work. Most of the ministries have only been making statistics, reviewing and proposing plans or drafting legal documents to implement the reduction and simplification plans; some other ministries have proposed their reduction and simplification plans that do not satisfy the requirements of the Government or remain impractical and incomprehensive. As a result, the reform of specialized inspection and reduction and simplification of business conditions have led to no drastic change and not yet facilitated operation of enterprises.

In order to practically reform the specialized inspection and reduction and simplification of business conditions, the Prime Minister instructs:

1. Every minister or head of ministerial-level agency shall consider the reform of specialized inspection and reduction and simplification of business conditions as one of the important solutions to promote growth and liberalize all social resources, and focus on directing the implementation of this work in a drastic and practical manner and strictly handling heads of agencies and units that fail to properly perform their assigned tasks.

2. Before August 15, 2018, ministries and ministerial-level agencies shall complete the promulgation of documents according to their competence or submit them to competent authorities implementation of the plans on reform of specialized inspection and reduction and simplification of business conditions by the method whereby one document revises several documents according to summary procedures.

The documents on implementation of the plans on reform of specialized inspection must satisfy the requirements on reduction and simplification of at least half of the lists of goods and products subject to, and procedures for, specialized inspection; the list of goods and products subject to specialized inspection shall be tagged with HS codes; every exported or imported product or goods item shall be managed by only one ministry or ministerial-level agency or its attached unit; the management method shall be shifted from pre-inspection to post-inspection based on the principles of risk management and assessment of law observance; inspection will not be applied to every goods lot, except for those subject to quarantine.

The documents on implementation of the plans on reduction and simplification of business conditions must satisfy the requirements on reduction and simplification of at least half of business conditions; the plans on reduction and simplification of business conditions must be practical and refrain from consolidating several conditions into one condition or merely changing names/titles.

For draft documents on implementation of the plans on reform of specialized inspection and reduction and simplification of business conditions, the time limit for ministries to give their opinions and the Ministry of Justice to give appraisal opinions must not exceed 7 working days after receiving such draft documents.

Based on recommendations of ministries and ministerial-level agencies, the Government Office shall assume the prime responsibility for working with ministries, ministerial-level agencies and related agencies in reporting to the Prime Minister for consideration and decision issues on which opinions are diverse, particularly for products and goods subject to the management and inspection by several ministries and ministerial-level agencies.

3. Ministries and ministerial-level agencies shall accelerate the elaboration of standards and technical regulations necessary for the specialized inspection. The Ministry of Science and Technology (the Directorate for Standards, Metrology and Quality) shall guide and closely coordinate with ministries and ministerial-level agencies in promptly appraising standards and technical regulations promulgated by ministries and ministerial-level agencies, meeting the requirements of the Prime Minister.

4. Ministries and ministerial-level agencies shall tightly control the promulgation of lists of goods and products subject to, and procedures for, specialized inspection and business conditions in accordance with the Law on Promulgation of Legal Documents, Law on Investment and relevant regulations. Ministries, ministerial-level agencies and provincial-level People’s Committees are strictly prohibited from prescribing more business conditions or promulgating lists of goods subject to and procedures for specialized inspection which are contrary to regulations.

5. Ministries and ministerial-level agencies shall, in the course of drafting legal documents prescribing administrative procedures, business conditions or promulgating lists of goods and products subject to specialized inspection, ensure their clarity, understandability and enforceability,  creation of no market access barriers or imposition of no extra-charges on enterprises.

The Ministry of Justice and Government Office shall be held responsible for the appraisal and verification of legal documents prescribing administrative procedures, business conditions or promulgating lists of goods and products subject to specialized inspection; promptly detect and report to competent authorities for prevention the issuance of unlawful, unnecessary or unreasonable regulations or those making enterprises incur more costs.

6. Ministries and ministerial-level agencies shall announce results of the reduction and simplification of lists of goods and products subject to, and procedures of, specialized inspection and the reduction of business conditions, as well as economic benefits that may be brought about by the enactment of the documents on implementation of the reduction and simplification plans by competent authorities.

The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinating with ministries and ministerial-level agencies in, reviewing and announcing investment business conditions on the national business registration portal.

7. Central and local press agencies shall proactively propagandize and publicize results of the reform of specialized inspection and reduction and simplification of business conditions.

8. On a quarterly basis, ministries and ministerial-level agencies shall report to the Prime Minister on quantity and lists of products and goods subject to specialized inspection and the number of business conditions, clearly stating the increase or reduction and causes of such change in quantity and lists of products and goods subject to specialized inspection and business conditions.

The Government Office shall monitor, urge and inspect the implementation and evaluate the effectiveness of the direction and management by heads of ministries, sectors and localities in the course of implementation of this Directive; promptly report to the Prime Minister for consideration and direction problems that may arise; and propose the organization of preliminary and final review of implementation of this Directive.-

Prime Minister
NGUYEN XUAN PHUC