Decision 345/QD-TTg 2023 raising the quality and efficiency of legal support activities for enterprises in 2021-2030

DECISION

Approving the Scheme on raising the quality and efficiency of legal support activities for enterprises in the 2021-2030 period^[1]

THE PRIME MINISTER

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the 2017 Law on Support for Small- and Medium-sized Enterprises;

Pursuant to the Government’s Decree No. 55/2019/ND-CP of June 24, 2019, on legal support for small- and medium-sized enterprises (below referred to as Decree No. 55/2019/ND-CP);

Pursuant to Resolution No. 27-NQ/TW of November 9, 2022, of the 6^th plenum of the 13^th Party Central Committee, on continued building and improvement of the socialist law-ruled state of Vietnam in the new period (below referred to as Resolution No. 27-NQ/TW);

Pursuant to the Government’s Resolution No. 50/NQ-CP of May 20, 2021, on the Government’s Action Program to implement the Resolution of the 13^th National Party Congress;

Pursuant to the Government’s Resolution No. 99/NQ-CP of August 30, 2021, promulgating the Action Program of the Government of the 2021- 2026 tenure to implement the National Assembly’s Resolution on the 2021-2025 five-year socio-economic development plan;

Pursuant to the Government’s Resolution No. 105/NQ-CP of September 9, 2021, on support for enterprises, cooperatives and business households in the context of Covid-19 epidemic;

Pursuant to the Government’s Resolution No. 54/NQ-CP of April 12, 2022, promulgating the Government’s Action Program to implement the National Assembly’s Resolution on the Plan for economic restructuring in the 2021-2025 period;

At the proposal of the Minister of Justice,

DECIDES:

Article 1. To approve Scheme on improving the quality and efficiency of legal support activities for enterprises in the 2021-2030 period (below referred to as the Scheme) with the following principal contents:

I. GUIDING VIEWPOINTS AND OBJECTIVES

1. Guiding viewpoints for formulation of the Scheme

The Scheme is formulated based on the following guiding viewpoints:

a/ To raise the quality and efficiency of legal support activities for enterprises strictly according to the requirements set out in Resolution No. 27-NQ/TW in association with increasing enterprises’ and people’s accessibility to law and heightening the quality and efficiency of legal affairs organizations of ministries, sectors and localities.

b/ Legal support activities for enterprises must be focal, central, substantive, feasible, incrementally professional, and sustainable, ensuring satisfaction of the demand of enterprises and conformity with socio-economic development situation of the country and each locality.

c/ To intensify the coordination between state agencies and enterprise-representing organizations and among the State, enterprises and legal service providers in carrying out legal support activities for enterprises; state agencies must always accompany enterprises, listen to enterprises, and remove difficulties and legal problems for facilitating enterprises’ recovery and development; enterprises should heighten the sense of law compliance on the rule-of-law principle.

2. Objectives

a/ General objectives

The Scheme pinpoints the following general objectives: (i) to promote the obtained outcomes while overcoming problems and inadequacies; (ii) to continue to comprehensively renew legal support activities for enterprises and enhance the interdisciplinary coordination mechanism; to mobilize social resources; to attach importance to the application of information technology and digital transformation in legal support activities for enterprises; (iii) to carry out legal support activities for enterprises in a complete, comprehensive, focal and central manner, creating vigorous improvements in the quality and efficiency of legal support activities for enterprises, thus contributing to heightening the awareness and sense of law compliance, and limiting risks and legal problems in production and business activities of enterprises.

b/ Specific objectives

Based on the general objectives, the Scheme identifies the following specific objectives:

- To complete the legal framework on legal support for enterprises; to strive for the target that all regulations on enterprises and rights and obligations of enterprises are promptly and fully informed to enterprises; to organize training in and updating of legal knowledge for enterprises and persons engaged in legal support activities for enterprises;

- To efficiently operate the network of legal consultants; to continue to establish and complete the database on legal cases and matters as well as problems for enterprises; to ensure that all enterprises are provided with legal support when they make requests for legal support; to settle and remove legal problems and difficulties for enterprises upon request;

- To implement on a pilot basis and replicate at least 2 effective models of legal support for enterprises nationwide;

- To apply digital transformation in legal support activities for enterprises; to build an ecosystem on legal support for enterprises in 63 provinces and centrally run cities;

- To establish and maintain the mechanism of close coordination between central authorities and local authorities and between state management agencies and enterprise-representing organizations in providing legal support for enterprises in parallel with completion of the legal system and effective enforcement of laws related to enterprises; to implement solutions on mobilization of social resources for provision of legal support for enterprises.

II. TASKS AND SOLUTIONS

1. Improving policies and laws on legal support for enterprises

a/ To complete the legal framework on intensifying legal support activities for enterprises

- Activities:

+ Studying and evaluating the results of implementation of Decree No. 55/2019/ND-CP, thereby proposing the amendment and supplementation of a number of regulations so as to mobilize the direct involvement of enterprise-representing organizations, legal service providers and independent experts in legal support activities for enterprises; improving the legal bases for organization of new and innovative legal support activities;

+ Improving the Government’s Decree No. 55/2011/ND-CP of July 4, 2011, defining the functions, tasks, powers and organizational structure of legal affairs organizations (below referred to as Decree No. 55/2011/ND-CP) toward ensuring higher responsibility, focuses and specialization of legal support activities for enterprises; and defining the functions, tasks, powers and organizational structure of legal affairs organizations);

- Outputs: Decree amending and supplementing a number of articles of the Government’s Decree No. 55/2019/ND-CP of June 24, 2019, on legal support for small- and medium-sized enterprises, and Decree amending and supplementing a number of articles of the Government’s Decree No. 55/2011/ND-CP of July 4, 2011, defining the functions, tasks, powers and organizational structure of legal affairs organizations;

- In-charge agency: Ministry of Justice;

- Coordinating agencies and organizations: Government Office, Ministry of Home Affairs, Ministry of Planning and Investment, Ministry of Finance, related ministries and ministerial-level agencies, provincial-level People’s Committees, Central Committee of the Vietnam Fatherland Front, Vietnam Bar Federation, Vietnam Lawyers’ Association, and enterprise-representing organizations;

- Implementation time:

+ In 2023: To submit to the Government the draft Decree amending and supplementing the Government’s Decree No. 55/2011/ND-CP of July 4, 2011, defining the functions, tasks, powers and organizational structure of legal affairs organizations.

+ In the fourth quarter of 2024: To submit to the Government the draft Decree amending and supplementing a number of articles of the Government’s Decree No. 55/2019/ND-CP of June 24, 2019, on legal support for small- and medium-sized enterprises.

b/ To scrutinize, and propose the finalization of, relevant regulations with a view to removing legal problems for enterprises

- Activities:

+ Scrutinizing relevant regulations in order to remove difficulties and problems confronting enterprises in production and business activities;

+ Intensifying surveys, and promptly holding dialogues with enterprises in order to identify difficulties and legal problems for proposing improvement of law, and raising the efficiency of law enforcement related to enterprises;

- Outputs: From the identified difficulties and legal problems, proposing the improvement of law, raising the efficiency of law enforcement related to enterprises and sending the proposals to competent agencies and the Ministry of Justice (for summarization);

- In-charge agencies: ministries and ministerial-level agencies according to specialized management fields;

- Coordinating agencies and organizations: Ministry of Justice, Central Committee of the Vietnam Fatherland Front, provincial-level People’s Committees, Vietnam Bar Federation, Vietnam Lawyers’ Association, and enterprise-representing organizations.

- Time of implementation: annually (from 2023 to 2030).

c/ To study foreign experience in legal support activities for enterprises so as to raise the quality and efficiency of legal support activities for enterprises in Vietnam.

- Activities:

+ Conducting online studies, surveys and exchanges;

+ Organizing working delegations for direct survey and learning of experience in legal support activities for enterprises;

- Outputs: reports on study and survey on foreign experience in legal support activities for enterprises, lessons for Vietnam and relevant proposals and recommendations to be sent to competent agencies and the Ministry of Justice (for summarization);

- In-charge agencies: ministries and ministerial-level agencies according to specialized management fields and provincial-level People’s Committees;

- Coordinating agencies and organizations: Ministry of Justice and enterprise-representing organizations;

- Implementation duration: from 2023 to 2025.

2. Raising the awareness, capacity and responsibility of agencies, organizations, persons engaged in legal affairs, persons engaged in legal support for enterprises, and legal consultants and communicators

a/ To intensify public communication and provide training in legal knowledge and professional skills for raising the capacity, awareness and responsibility in carrying out legal support activities for enterprises

- Activities: intensifying public communication and provide training in legal knowledge and professional skills for persons engaged in legal affairs and persons engaged in legal support for enterprises and legal consultants and communicators; increasing the legal awareness for enterprises;

- Outputs: documents, training courses on legal knowledge and professional skills on legal support for enterprises organized for persons engaged in legal affairs and persons engaged in legal support for enterprises, legal consultants and communicators, and persons engaged in legal affairs at enterprises;

- In-charge agencies: ministries and ministerial-level agencies according to specialized management fields and provincial-level People’s Committees;

- Coordinating agencies and organizations: Ministry of Justice, related ministries and ministerial-level agencies, Vietnam Bar Federation, Vietnam Lawyers’ Association, and enterprise-representing organizations;

- Implementation duration: from 2023 to 2027.

b/ To enhance the coordination between ministries and ministerial-level agencies; between ministries as well as ministerial-level agencies and localities; between state agencies and enterprise-representing organizations, bar federations, Vietnam Lawyers’ Association as well as law-practicing organizations in organizing legal support activities for enterprises

- Activities: intensifying the exchange of information, formulating a mechanism of coordination between state agencies and enterprise-representing organizations, law-practicing organizations as well as enterprises in carrying out legal support activities for enterprises;

- Outputs: model coordination regulation; coordination regulations and coordination activities carried out in a complete and efficient manner (evaluated through surveys and sets of criteria for evaluation of the efficiency of legal support activities);

- In-charge agencies: ministries, ministerial-level agencies and provincial-level People’s Committees;

- Coordinating agencies and organizations: Ministry of Justice, Ministry of Planning and Investment, Vietnam Chamber of Commerce and Industry, Vietnam Association of Small and Medium Enterprises, enterprise-representing organizations, Vietnam Bar Federation and Vietnam Lawyers’ Association;

- Implementation time: annually (from 2023 to 2030).

c/ To renew approaches to and provision of legal support for enterprises

- Activities:

+ Renewing approaches to enterprises (more proactive approach, and diversification of forms of approach via social networks, communications channels, etc.);

+ Renewing methods of provision of legal support for enterprises (reducing procedures, and prioritizing online performance of procedures via email, social networks, etc.);

+ Organizing training courses on renewal of approaches to enterprises and renewal of methods of provision of legal support for enterprises for persons engaged in legal support activities;

- Outputs:

+ Research reports on solutions to renew approaches to and provision of legal support for enterprises to be more diverse, efficient, practical and closer to enterprises;

+ Organizing training courses on renewal of approaches to enterprises and renewal of methods of provision of legal support for enterprises for persons engaged in legal support activities;

- In-charge agency: Ministry of Justice;

- Coordinating agencies and organizations: ministries, ministerial-level agencies, provincial-level People’s Committees, Vietnam Bar Federation, Vietnam Lawyers’ Association, and enterprise-representing organizations;

- Implementation duration: from 2023 to 2027.

d/ To establish, maintain, update and operate the National Portal on Legal Support for Enterprises

- Activities: upgrading the Website on legal support for enterprises on the Ministry of Justice’s Portal and combining this website with websites on legal support for enterprises of ministries, sectors and localities to establish the National Portal on Legal Support for Enterprises;

- Outputs: The National Portal on Legal Support for Enterprises is established and operated;

- In-charge agency: Ministry of Justice;

- Coordinating agencies and organizations: Ministry of Information and Communications, Ministry of Finance, related ministries and ministerial-level agencies, provincial-level People’s Committees, and enterprise-representing organizations;

- Implementation duration:

+ From 2023 to 2025: The National Portal on Legal Support for Enterprises is established and completed;

+ From 2026: The National Portal on Legal Support for Enterprises is operated and updated.

dd/ To carry out communication activities serving legal support activities for enterprises

- Activities:

+ Stepping up the public communications of ministries, ministerial-level agencies and localities about legal support programs, products and activities for enterprises;

+ Connecting communications activities related to legal support activities for enterprises among state agencies and between state agencies and enterprises;

- Outputs: Enterprises are informed of and use outcomes of legal support programs, products and activities for enterprises in a more substantive manner (evaluated via surveys);

- In-charge agencies: Ministry of Justice, other ministries, ministerial-level agencies, and provincial-level People’s Committees;

- Coordinating agencies and organizations: enterprise-representing organizations;

- Implementation time: annually (from 2023 to 2030);

e/ To integrate legal support activities for enterprises into activities urging enterprises to carry out responsible business practices and increasing the people’s accessibility to law

- Activities:

+ Integrating legal support activities for enterprises with activities urging enterprises to carry out responsible business practices;

+ Integrating legal support activities for enterprises with activities increasing the people’s accessibility to law;

- Outputs: The Scheme on raising the quality and efficiency of legal support activities for enterprises in the 2021-2030 period, the National Program of Action on completion of policies and laws with a view to promoting responsible business practices in Vietnam, and the Scheme on increasing the people’s accessibility to law are efficiently implemented with coordination of stakeholders;

- In-charge agency: Ministry of Justice;

- Coordinating agencies and organizations: Ministry of Planning and Investment, other ministries, ministerial-level agencies, provincial-level People’s Committees, enterprise-representing organizations, Vietnam Bar Federation, Vietnam Lawyers’ Association, Vietnam Chamber of Commerce and Industry, and professional associations;

- Implementation duration: from 2023 to 2027.

3. Effectively carrying out legal support activities for enterprises

a/ To step up the provision of legal consultancy for enterprises through enterprise-representing organizations

- Activities: providing legal consultancy for enterprises through enterprise-representing organizations in association with production and business activities of enterprises;

- Outputs: higher role of enterprise-representing organizations in providing legal consultancy for enterprises;

- In-charge agency: Ministry of Justice;

- Coordinating agencies and organizations: Vietnam Bar Federation, Vietnam Lawyers’ Association, Vietnam Chamber of Commerce and Industry, Vietnam Association of Small and Medium Enterprises, and professional associations;

- Implementation time: annually (from 2023 to 2030).

b/ To organize dialogues between competent state agencies and enterprises in order to promptly remove difficulties and problems in the application of laws related to enterprises

- Activities: organizing business and law forums, and dialogues between competent state agencies and enterprises;

- Outputs: forums and dialogues between competent state agencies and enterprises and proposals and recommendations to competent agencies regarding finalization of law and improvement of the quality and efficiency of law enforcement related to enterprises.

- In-charge agencies: Ministry of Justice, other related ministries and ministerial-level agencies, and provincial-level People’s Committees;

- Coordinating agencies and organizations: related ministries and ministerial-level agencies, provincial-level People’s Committees, Vietnam Bar Federation, Vietnam Lawyers’ Association, Vietnam Chamber of Commerce and Industry, Vietnam Association of Small and Medium Enterprises, and professional associations;

- Implementation time: annually (from 2023 to 2030).

c/ To organize and replicate a number of efficient and practical models for provision of legal support for enterprises

- Activities:

+ Selecting a number of localities for building and development of models for provision of legal support for enterprises;

+ Organizing reviews to draw experience from the application of models for provision of legal support for enterprises in a number of localities;

+ Ensuring coordination among ministries, ministerial-level agencies and localities in applying models for provision of legal support for enterprises in 63 localities nationwide;

- Outputs: reports on the efficiency of models for provision of legal support for enterprises and recommendations and proposals;

- In-charge agency: Ministry of Justice;

- Coordinating agencies and organizations: Ministry of Planning and Investment, Ministry of Finance, other related ministries and ministerial-level agencies, provincial-level People’s Committees, Vietnam Bar Federation, Vietnam Lawyers’ Association, Vietnam Chamber of Commerce and Industry, Vietnam Association of Small and Medium Enterprises, and professional associations;

- Implementation duration: from 2024 to 2027.

d/ To intensify the mobilization of social resources for legal support activities for enterprises

- Activities: intensifying the mobilization of social resources for legal support activities for enterprises in accordance with law; encouraging enterprise-representing organizations, enterprises and individuals to participate in the implementation of legal support schemes, programs and activities for enterprises;

- Outputs: quantity of socialized activities and resources for legal support activities for enterprises, thus contributing to raising the quality and efficiency of legal support activities for enterprises;

- In-charge agencies: Ministry of Justice, Ministry of Planning and Investment, Ministry of Finance, and provincial-level People’s Committees.

- Coordinating agencies and organizations: ministries, ministerial-level agencies, provincial-level People’s Committees, Vietnam Bar Federation, Vietnam Lawyers’ Association, and enterprise-representing organizations;

- Implementation time: annually (from 2023 to 2030).

dd/ To carry out evaluation, examination and commendation for agencies, organizations and individuals engaged in legal support activities for enterprises

- Activities: organizing evaluation, examination and commendation for agencies, organizations and individuals engaged in legal support activities for enterprises;

- Outputs:

+ Set of model standards for evaluation of efficiency of legal support activities for enterprises and evaluation of efficiency of coordination among related agencies and units in organizing legal support activities;

+ Research reports on the mechanism for evaluation, examination and commendation applicable to agencies, organizations and individuals engaged in legal support activities for enterprises;

+ Reports on results of evaluation, examination and commendation;

- In-charge agency: Ministry of Justice;

- Coordinating agencies and organizations: ministries, ministerial-level agencies, provincial-level People’s Committees, Vietnam Bar Federation, Vietnam Lawyers’ Association, Vietnam Chamber of Commerce and Industry, and Vietnam Association of Small and Medium Enterprises;

- Implementation time: annually (from 2023 to 2030).

e/ To build and develop an ecosystem for provision of legal support for enterprises

- Activities: building and developing an ecosystem for provision of legal support for enterprises (based on the above-mentioned tasks and solutions, striving for linkage and cooperation among stakeholders, diversification of subjects, services and activities concerning legal support for enterprises, in which the State plays the coordinating role);

- Outputs: The ecosystem for provision of legal support for enterprises is step by step established and developed;

- In-charge agency: Ministry of Justice;

- Coordinating agencies and organizations: related ministries and ministerial-level agencies, provincial-level People’s Committees, Vietnam Bar Federation, Vietnam Lawyers’ Association, Vietnam Chamber of Commerce and Industry, and Vietnam Association of Small and Medium Enterprises.

- Implementation time: from 2025 to 2030.

III. ORGANIZATION OF IMPLEMENTATION

1. Task assignment:

a/ The Ministry of Justice shall act as the in-charge agency and organize and coordinate the general activities of the Scheme, specifically as follows:

- To formulate an overall plan for implementation of the Scheme in the 2021-2030 period and in each year, regularly grasp the situation and promptly direct and guide the implementation of the Scheme; to annually sum up results of implementation of the Scheme, make preliminary and final reviews and report thereon to the Prime Minister; to promptly apply forms of commendation to collectives and individuals that record outstanding achievements in implementation of the Scheme;

- To coordinate with ministries, departments and sectors in integrating activities for implementation of the Scheme into other programs and schemes with similar scope and objects which are currently implemented with a view to ensuring conformity, thrift and efficiency;

- To guide provincial-level Departments of Justice in organizing the performance of tasks and solutions for raising the quality and efficiency of legal support activities for enterprises;

- To organize the evaluation of the Scheme’s impacts, thereby proposing competent agencies to promulgate or promulgate according to competence instructions and adjustments in order to remove difficulties and problems arising in the course of implementation of the Scheme for the attainment of set objectives; when necessary, to propose the Prime Minister to decide on the adjustment of objectives and tasks of the Scheme.

b/ The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Finance and Ministry of Justice in, formulating a plan on resource mobilization and propose competent authorities to approve public investment funds for implementation of the Scheme.

c/ The Ministry of Finance shall summarize fund demands and include separate funds for performance of the Scheme’s tasks in annual state budget estimates in accordance with the Law on the State Budget and guiding documents.

d/ Provincial-level People’s Committees shall:

- Based on the Scheme’s contents and local conditions, promulgate plans for implementation of the Scheme in the whole period (or integrate contents on implementation of the Scheme into local legal support programs) and annually report on the Scheme’s implementation results to the Ministry of Justice for summarization and reporting to the Prime Minister;

- Ensure annual local budget funds for implementation of the Scheme according to functions and tasks of localities under current regulations on state budget management decentralization.

dd/ The Vietnam Chamber of Commerce and Industry, Vietnam Association of Small and Medium Enterprises, enterprise-representing organizations, enterprises, law-practicing organizations, jurists, lawyers and organizations as well as individuals are encouraged to actively participate in implementing the Scheme.

e/ Responsibilities of enterprises:

- To coordinate with state agencies and enterprise-representing organizations in carrying out legal support activities for enterprises according to the tasks set out in the Scheme;

- To benefit from legal support activities for enterprises, ensuring efficiency and thrift to serve their production and business activities.

2. Funds for implementation of the Scheme

 a/ Funds for implementation of the Scheme shall be covered by the state budget and included in annual state budget estimates (and/or public investment funds) of related ministries, sectors and localities in accordance with current law. Annually, based on the tasks assigned in the Scheme, related ministries, sectors and localities shall estimate funds for implementation of the Scheme and include them in general estimates of ministries, sectors and localities assigned to perform tasks mentioned  in the Scheme; they may also mobilize other lawful funding sources in accordance with law.

The management and use of funds for implementation of the Scheme must comply with the Law on the State Budget and Law on Public Investment and guiding documents, and relevant laws.

b/ The Ministry of Justice shall make fund estimates for implementation of the Scheme in accordance with law for submission to competent authorities for approval. Ministries, ministerial-level agencies and provincial-level People’s Committees shall make fund estimates and allocate funds for implementation of the Scheme in accordance with law.

c/ Agencies and organizations may mobilize funding sources from agencies, organizations and individuals at home and abroad for implementation of the Scheme. The use of mobilized funds must ensure thrift and efficiency in accordance with law.

Article 2. This Decision takes effect on the date of its signing.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decision.-

For the Prime Minister
Deputy Prime Minister
TRAN LUU QUANG