Resolution No. 68/NQ-CP 2020 Program on the abolishment or simplification of business regulations in 2020 - 2025

RESOLUTION

Promulgating the Program on the abolishment
or simplification of business regulations
in the 2020-2025 period^[1]

THE GOVERNMENT

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

Pursuant to the Government’s Decree No 138/2016/ND-CP of October 1, 2016, promulgating the Working Regulation of the Government;

At the proposal of the Minister-Chairperson of the Government Office,

RESOLVES:

To promulgate the Program on the abolishment or simplification of business regulations in the 2020-2025 period (below referred to as the Program) with the following specific contents:

I. DIRECTING VIEWPOINTS

1. To regard enterprises and the people as the center and driving force of socio-economic development of the country; to mobilize and create favorable conditions for enterprises and the people to participate in business activities; to reduce the time and costs for enterprises and the people in complying with business regulations.

2. To immediately abolish or simplify unnecessary, inappropriate and unlawful regulations of current documents which create barriers and difficulties to business activities of enterprises and the people, thus helping raise the effectiveness and efficiency, ensure the achievement of objectives of state management, and promote the development of enterprises.

3. To ensure the publicity and transparency; to heighten the responsibilities of heads of state administrative agencies at all levels for the reform of business regulations.

4. To ensure the observance of treaties to which Vietnam is a contracting party, including free trade agreements to which Vietnam has acceded.

II. OBJECTIVES, REQUIREMENTS AND SCOPE OF IMPLEMENTATION

1. Objectives:

a/ In the 2020-2025 period, to abolish and simplify at least 20% of the number of regulations and reduce at least 20% of compliance costs of business regulations in documents which are in effect as of May 31, 2020, as listed, calculated and announced for the first time by ministries and agencies (before October 31, 2020); at the same time, to cut to the utmost the number of current documents containing business regulations which fall within the competence of ministers, heads of ministerial-level agencies, the Prime Minister or the Government.

b/ To strictly control the promulgation of documents containing business regulations in accordance with law, especially administrative documents, circulars of ministers or heads of ministerial-level agencies, decisions of the Prime Minister and decrees of the Government; to prevent unnecessary, inappropriate and unlawful regulations which create difficulties to business activities of enterprises and the people.

2. Requirements:

a/ To define specific jobs, deadlines, products expected to be completed and responsibilities of related agencies; to ensure quality, efficiency, compliance with deadline, publicity, transparency, and observance of law in the performance of the tasks set out in the Program.

b/ Before abolishing or simplifying business regulations, it is required to quantify benefits to be brought about to enterprises, the people and society, without adversely affecting the operation as well as legitimate rights and interests of enterprises and the people; to ensure the achievement of objectives of state management and avoid creating legal loopholes.

c/ To comply with Clause 3, Article 11 of the Law on Promulgation of Legal Documents when promulgating documents detailing business regulations in the direction of encouraging the integration of multiple contents into a document to minimize the number of detailing documents, ensure the consistency and facilitate the implementation and observance of law.

d/ To propose competent agencies to permit the application of the form of omnibus law when issuing documents amending, supplementing or replacing current documents on business activities in order to realize the Plan on abolishment or simplification of business regulations (except documents regulating complicated and sensitive issues related to national security or social order and safety).

3. Scope of implementation: To make statistics of, review and calculate compliance costs, abolish or simplify business regulations (including regulations on administrative procedures, even regulations on reporting; regulations on business requirements and conditions; regulations on specialized inspection of imported and exported goods; regulations on standards and technical regulations) in circulars and joint circulars of ministers and heads of ministerial-level agencies, decisions of the Prime Minister, decrees and resolutions of the Government, laws and resolutions of the National Assembly, and ordinances and resolutions of the National Assembly Standing Committee which are in effect and in draft legal documents which ministries and agencies are assigned to formulate and promulgate according to their competence or submit to competent authorities for promulgation.

III. BASIC TASKS

1. In 2020, to focus on important tasks as prerequisites for the subsequent years, specifically as follows:

a/ To build and put into operation a software for making statistics of and reviewing business regulations (below referred to as statistical software).

b/ To provide training and capacity building to ministries, ministerial-level agencies and government-attached agencies in making statistics of and calculating compliance costs, and reviewing and evaluating business regulations.

c/ To fully update data on, and calculate compliance costs of, current business regulations under the management of ministries and ministerial-level agencies in all fields into the statistical software. At the same time, to review current regulations, and propose the abolishment or simplification of inappropriate regulations which create barriers and difficulties to business activities, which are to be decided by the Government, the Prime Minister, ministers or heads of ministerial-level agencies, with priority given to the group of regulations on specialized inspection of imported and exported goods.

(The Appendix on the Plan on abolishment or simplification of business regulations in 2020 is promulgated together with this Resolution).

2. Annually, ministries, ministerial-level agencies and government-attached agencies shall promulgate, and organize the implementation of, plans on abolishment or simplification of business regulations to timely abolish or simplify inappropriate regulations which create barriers and difficulties to business activities.

3. To regularly update business regulations that are amended, supplemented, replaced or annulled, or changes in compliance costs to the statistical software to monitor the situation and results of abolishment or simplification of business regulations.

4. To organize the receipt, collection and summarization of feedbacks, recommendations and opinions of enterprises and the people on inappropriate regulations which create difficulties to business activities through the National Public Service Portal, dialogue and consultation, in order to propose the issues to be prioritized for review, abolishment or simplification; to propose competent agencies to amend, supplement, annul or replace such regulations.

5. To strictly control business regulations through evaluating the impacts of regulations with compliance costs incurred for enterprises and the people, and control appraisal and verification activities in the process of formulation and promulgation of legal documents.

6. To report on the preliminary review and assess the situation and results of annual implementation of the Plan on abolishment or simplification of business regulations, and conduct a final review of the Program on abolishment or simplification of business regulations in the 2020 – 2025 period.

7. To formulate, and organize the implementation of, communication plans to inform implementation results to the people and enterprises throughout the process of implementation of the Program.

IV. MAJOR SOLUTIONS

1. To intensify the direction from the Government, the Prime Minister, ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels on and the abolishment or simplification of business regulations so as to improve the business investment environment, and create favorable conditions and a level playing field for business activities of enterprises and the people.

2. To strengthen communication and dialogue between state agencies and enterprises, and the people; to mobilize the Advisory Council for Administrative Procedure Reform and business associations to give recommendations and opinions about draft documents and current documents on the National Public Service Portal in order to increase the criticism of enterprises and the people about the law, thereby improving the quality of review, abolishment and simplification of business regulations.

3. To regularly guide, inspect and urge ministries, ministerial-level agencies and government-attached agencies in implementing assigned tasks, ensuring schedule, quality, objectives and requirements of the Program.

4. To improve the coordination among ministries, sectors and agencies in appraising and verifying legal documents and solving problems related to multiple ministries, sectors and agencies.

5. To synchronously, concurrently and mutually develop the application of information technology to the statistics, review and calculation of compliance costs related to business regulations, summarize and report on the situation and results of abolishment or simplification of business regulations, and organize the consultation about the policies and legal documents which are put for comment by enterprises and the people.

6. To intensify dissemination of, and effectively implement, the Government’s Decree No. 61/2018/ND-CP of April 23, 2018, on the implementation of the single-window and inter-agency single-window mechanism in the settlement of administrative procedures, and the Government’s Decree No. 45/2020/ND-CP of April 8, 2020, on the implementation of administrative procedures in the electronic environment; to connect, integrate and provide online public services and online payment services on the National Public Service Portal to serve the people and enterprises.

7. To raise the awareness, responsibility and capacity of state administrative agencies, organizations and individuals engaged in the Program; to intensify the monitoring and supervision by media and press agencies, enterprises and the people of the results of reform, abolishment and simplification of business regulations which become inappropriate and create difficulties to the business activities of enterprises and the people.

V. FUNDS FOR IMPLEMENTATION

1. Funds for implementation of the Program shall be taken from the state budget, which are allocated to ministries, ministerial-level agencies, government-attached agencies, and provincial-level People’s Committees according to the current regulations on state budget decentralization.

2. Ministries, ministerial-level agencies, government-attached agencies, and provincial-level People’s Committees shall include funds for performance of the tasks assigned under the Program in their annual state budget estimates assigned by competent authorities.

3. To encourage the mobilization of off-state budget funds in accordance with law for implementation of the Program.

VI. IMPLEMENTATION RESPONSIBILITY

1. Ministries, ministerial-level agencies and government-attached agencies shall:

a/ Proactively implement the Program according to their assigned tasks, regarding it as one of their key tasks in the 2020-2025 period. Ministers and heads of ministerial-level agencies and government-attached agencies shall be held responsible before the Government and the Prime Minister for the results of abolishment and simplification of inappropriate regulations which create barriers and difficulties to business activities of enterprises and the people, ensuring the satisfaction of the Program’s objectives and requirements; disseminate the Government’s direction on the Program on abolishment or simplification of business regulations in the 2020-2025 period to every cadre, civil servant, and public employee under their management.

b/ Based on the Program, the Prime Minister’s directions, and practical conditions of the Program’s implementation in their ministries and agencies, formulate and promulgate their plans on abolishment or simplification of business regulations before January 31 every year, and send them to the Government Office for monitoring (in 2020, to promulgate the plans within 20 days after the date of promulgation of this Resolution).

c/ Completely make statistics of and update data, and calculate compliance costs of business regulations under the management of ministries and ministerial-level agencies to the statistical software according to the Government Office’s guidelines before October 15, 2020; sum up and report the results of making statistics and calculation of compliance costs of business regulations under the management of ministries and ministerial-level agencies before October 31, 2020, and send them to the Government Office for monitoring; regularly update business regulations that are amended, supplemented, replaced or annulled, or changes in compliance costs to the statistical software.

d/ Assume the prime responsibility for, and coordinate with related ministries and agencies, and the Advisory Council for Administrative Procedure Reform in, reviewing, abolishing or simplifying business regulations under their management; formulate plans on abolishment or simplification of business regulations for submission to the Prime Minister before October 31, 2020. From 2021 through 2025, the plans shall be submitted to the Prime Minister in two phases: before May 30 (first phase), and before September 30 (second phase) every year. Before being submitted to the Prime Minister for approval, such plans shall be sent to related ministries and agencies for opinion (the plans on abolishment or simplification of regulations relating to specialized inspection of imported and exported goods shall be sent to the Ministry of Finance for opinion).

dd/ Regularly hold dialogues with, consult, and receive and collect opinions of, organizations, business associations, and entities about regulations that are no longer appropriate and create barriers or difficulties for business activities; and about solutions and plans on abolishment or simplification of, and recommendations for amending and supplementing, business regulations in order to remove difficulties for business activities of enterprises and the people.

e/ Formulate, and promulgate or submit to competent authorities for promulgation documents on implementation of plans on abolishment or simplification (amendment, supplementation, replacement or annulment) of business regulations under the management of ministries and ministerial-level agencies right after the plans are approved by the Prime Minister.

g/ Before June 25 and before December 25 every year, sum up and report the situation and results of abolishment or simplification of business regulations in the period of 6 months and 1 year, respectively, and send them to the Government Office for reporting to the Government and the Prime Minister.

2. The Government Office shall:

a/ Based on the results of monitoring the practical implementation by ministries, ministerial-level agencies, and government-attached agencies, propose the Prime Minister to direct ministries and agencies to review, abolish or simplify business regulations to ensure satisfaction of the Program’s objectives and requirements.

b/ Assume the prime responsibility for building and putting into use the statistical software, and compile documents and guidelines for ministries, ministerial-level agencies and government-attached agencies to make statistics and calculate compliance costs of, and review and assess, business regulations, which shall be completed in May 2020; coordinate with the Ministry of Planning and Investment in connecting and sharing data on business conditions to support ministries and agencies in making statistics of, updating, and supplementing regulations on business conditions, which shall be completed in June 2020.

c/ Organize training courses on capacity building for ministries, ministerial-level agencies, and government-attached agencies in making statistics and calculating compliance costs of, and reviewing and assessing business regulations, which shall be completed in June 2020.

d/ Regularly sum up feedbacks and recommendations of enterprises, the people, organizations, and business associations about regulations which are no longer appropriate and create difficulties for business activities through the National Public Service Portal, dialogue or consultation.

dd/ Study and give opinions on the results of making statistics, calculating compliance costs, and plans on abolishment or simplification, of business regulations of ministries, ministerial-level agencies, and government-attached agencies.

e/ Assist the Prime Minister in monitoring, urging and examining ministries and agencies in making statistics and calculating compliance costs of, reviewing, and abolishing or simplifying, business regulations according to their annual plans, ensuring the satisfaction of the Program’s objectives and requirements.

g/ Assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, government-attached agencies and the Advisory Council for Administrative Procedure Reform in, conducting an independent review of business regulations involving multiple ministries or sectors or multiple feedbacks and recommendations from enterprises and the people. On that basis, propose settlement plans or handling measures to the Government and the Prime Minister.

h/ Guide ministries, ministerial-level agencies, and government-attached agencies to make preliminary and final review reports assessing the situation and results of making statistics and calculating compliance costs of, reviewing, and abolishing or simplifying, business regulations. Organize the preliminary review and assessment of the situation and results of implementation of annual plans before December 31 every year, and review the situation and results of implementation of the Program before December 31, 2025.

i/ Regularly announce and publicize the results of abolishment or simplification of business regulations of ministries and ministerial-level agencies on the Government Portal.

k/ Coordinate with ministries, ministerial-level agencies, government-attached agencies, and provincial-level People’s Committees, and news and press agencies in disseminating information about the implementation of the Program and results thereof.

3. The Ministry of Justice shall:

a/ Perform the tasks prescribed in Clause 1 of this Section.

b/ Assume the prime responsibility for, and coordinate with related ministries and agencies in, implementing the Plan on review of legal documents under the state management of ministries and ministerial-level agencies promulgated together with the Prime Minister’s Decision No. 209/QD-TTg of February 7, 2020, and Permanent Deputy Prime Minister Truong Hoa Binh’s directing opinions in the Government Office’s Notice No. 136/TB-VPCP of April 1, 2020.

c/ Assume the prime responsibility for, and coordinate with the Government Office, and related ministries and agencies in, appraising draft documents on implementation of the Plan on abolishment or simplification of business regulations under the management of ministries, ministerial-level agencies which are to be promulgated by the National Assembly, the National Assembly Standing Committee, the Government, or the Prime Minister in accordance with law, ensuring the satisfaction of the Program’s objectives and requirements.

d/ Receive and summarize the proposals of ministries and ministerial-level agencies, and formulate and submit to the Government for approval the Government’s proposal on the law- and ordinance-making program; and report to the Prime Minister for assigning a ministry or ministerial-level agency to assume the prime responsibility for formulating a document on implementation of the Plan on abolishment or simplification of business regulations (in case a competent agency permits the application of the form of omnibus law).

4. The Ministry of Finance shall:

a/ Perform the tasks prescribed in Clause 1 of this Section.

b/ Abolish or simplify customs procedures toward electronicization and an e-customs system in conformity with international standards; assume the prime responsibility for formulating a scheme on specialized inspection reform as assigned by the Government under Resolution No. 99/NQ-CP of November 13, 2019.

c/ Closely coordinate with the Government Office and related ministries and sectors in reforming regulations relating to specialized inspection of imported and exported goods; when consulted, give opinions on plans on abolishment or simplification of regulations relating to specialized inspection of imported and exported goods.

d/ Give recommendations to ministries and sectors or propose the Prime Minister to direct ministries and sectors to review, and abolish or simplify regulations relating to specialized inspection of imported and exported goods.

5. The Advisory Council for Administrative Procedure Reform shall:

a/ Proactively give opinions, and mobilize associations, enterprises, and the people to give feedbacks and recommendations about difficulties and barriers in business activities which are included in legal documents, administrative documents and draft legal documents to the Government Office for summarization and reporting to the Prime Minister.

b/ Promptly propose and give recommendations to the Prime Minister solutions to remove difficulties in business activities of the business circle.

6. Provincial-level People’s Committees shall:

a/ Promptly give feedbacks and recommendations to ministries and sectors about difficulties and barriers in implementation of business regulations.

b/ Study and give opinions on the plans on abolishment or simplification of business regulations when being consulted by ministries, ministerial-level agencies, and government-attached agencies.

c/ Intensify the dissemination and effective implementation of the Government’s Decree No. 61/2018/ND-CP of April 23, 2018, on implementation of the single-window and inter-agency single-window mechanisms in settlement of administrative procedures, and the Government’s Decree No. 45/2020/ND-CP of April 8, 2020, on implementation of administrative procedures in the electronic environment; connect, integrate and provide online public services and online payment services on the National Public Service Portal.

VII. ORGANIZATION OF IMPLEMENTATION

1. This Resolution takes effect on the date of its signing.

2. 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 Resolution.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Resolution is not translated.