Resolution No. 98/NQ-CP dated October 03, 2017 of the Government on promulgating the Government’s action program on implementation of Resolution No. 10-NQ/TW of June 3, 2017, of the 5th plenum of the XIIth Central Committee of the Communist Party of Vietnam, on development of the private economic sector into an important driving force of the socialist-oriented market economy

RESOLUTION

Promulgating the Government’s action program on implementation of Resolution No. 10-NQ/TW of June 3, 2017, of the 5^thplenum of the XII^th Central Committee of the Communist Party of Vietnam, ondevelopment of the private economic sector into an important driving force of the socialist-oriented market economy[1]

THE GOVERNMENT

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

Pursuant to Resolution No. 10-NQ/TW of June 3, 2017, of the 5^thplenum of the XII^th Central Committee of the Communist Party of Vietnam, on development of the private economic sector into an important driving force of the socialist-oriented market economy;

Pursuant to the XIII^th National Assembly’s Resolution No. 142/2016/QH13 of April 12, 2016, on the 2016-2020 five-year socio-economic development plan;

Pursuant to the National Assembly’s Resolution No. 24/2016/QH14 of November 8, 2016, on the economic restructuring plan for the 2016-2020 period;

At the proposal of the Minister of Planning and Investment,

RESOLVES:

Article 1.To promulgate together with this Resolution the Government’s action program on implementation of Resolution No. 10-NQ/TW of June 3, 2017, of the 5^thplenum of the XII^th Central Committee of the Communist Party of Vietnam, on development of the private economic sector into an important driving force of the socialist-oriented market economy.

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

Article 3.Ministers, heads of ministerial-level agencies, heads of government-attached agencies and provincial-level People’s Committees shall implement this Resolution.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

THE GOVERNMENT’S ACTION PROGRAM

On implementation of Resolution No. 10-NQ/TW of June 3, 2017, of the 5^thplenum of the XII^th Central Committee of the Communist Party of Vietnam, on development of the private economic sector into an important driving force of the socialist-oriented market economy

(Promulgated together with the Government’s Resolution No. 98/NQ-CP
of October 3, 2017)

The 5^thplenum of the XII^th Central Committee of the Communist Party of Vietnam has passed Resolution No. 10-NQ/TW of June 3, 2017 (below referred to as Resolution No. 10-NQ/TW) on development of the private economic sector into an important driving force of the socialist-oriented market economy, with the goals of “developing a healthy, effective and sustainable private economic sector to truly become an important driving force of the socialist-oriented market economy, making contribution to fast and sustainable socio-economic development, increasingly improving the people’s living standards, realizing social progress and equality, maintaining national defense and security, and early turning Vietnam into an industrial country toward modernity.”

Based on the objectives, tasks and measures specified in Resolution No. 10-NQ/TW, the XIII^th National Assembly’s Resolution No. 142/2016/QH13 of April 12, 2016, on the 2016-2020 five-year socio-economic development plan, the National Assembly’s Resolution No. 24/2016/QH14 of November 8, 2016, on the economic restructuring plan for the 2016-2020 period and the plan on development of the private economic sector, protection of domestic production and increase of competitiveness of Vietnamese enterprises, the Government promulgates the action program with the following principal contents:

I. PURPOSES AND REQUIREMENTS

1. The formulation and promulgation of the action program aims to uniformly direct levels and sectors to focus on thoroughly grasping, implementing and concretizing the Resolution, bringing the Party and the State’s recently promulgated policies and guidelines into reality synchronously and effectively, making specific contribution to the implementation of Resolution of the fifth plenary session of the XII^th Central Committee on private economic sector development, and focusing on the tasks and measures of creating an investment and business environment favorable for development of the private economic sector and supporting the private economic sector in technological innovation and modernization, human resource development and labor productivity improvement.

2. The action program must manifest specific and practical measures, be well-organized and successfully achieve the goals and specific objectives of Resolution No. 10-NQ/TW.

3. The action program must manifest the Government’s constructive and coordinative role in the spirit of accompanying and serving enterprises and creating a favorable environment for their investment and business. 

4. To strive to achieve specific targets: By 2020, to develop Vietnamese private enterprises with competitive capacity, stable development and a growth rate higher than that of the national economy; to strive to have at least 1 million operating-enterprises nationwide, including large-sized ones with strong resources; the private economic sector to make up about 50% of GDP and its labor productivity to increase by 4-5%/year; to annually have over 35% of Vietnamese private enterprises engaged in renewal and innovation activities annually; to narrow the gap in technological level, workforce quality and competitiveness between private enterprises of Vietnam and the top four ASEAN member states; many private enterprises to participate in regional and global production networks and value chains.

II. MAJOR TASKS

1. To improve synchronously and consistently mechanisms and policies and create a safe investment and business environment with few risks to attract private investment and ensure healthy and fair competition for operations of the private economic sector under the market mechanism.

a/ Ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees and related agencies shall focus on drastic and strict implementation of:

- Resolution No. 19-2017/NQ-CP of February 6, 2017, on further implementation of tasks and solutions for improving the business environment and raising the national competitiveness in 2017, with orientations toward 2020;

- Resolution No. 35/NQ-CP of May 16, 2016, on support for and development of enterprises through 2020;

- Resolution No. 27/NQ-CP of February 21, 2017, promulgating the Government’s action program on implementation of Resolution No. 05-NQ/TW of November 1, 2016, of the fourth plenary session of the XII^th Central Committee of the Communist Party of Vietnam, on major guidelines and policies to further renew the growth model and improve the growth quality, labor productivity and competitiveness of the economy, and the National Assembly’s Resolution No. 24/2016/QH14 of November 8, 2016, on the economic restructuring plan for the 2016-2020 period;

- Resolution No. 63/NQ-CP of July 22, 2016, promulgating the Government’s action program for implementation of the National Assembly’s Resolution on the 2016-2020 five-year socio-economic development plan.

b/ The Ministry of Planning and Investment shall assume the prime responsibility for and coordinate with related ministries and sectors in:

- Continuing to study the renewal of institutions on ownership; reviewing the system of laws related to enterprises, ensuring strict implementation of the right to business freedom and property ownership and civil rights and obligations of organizations and individuals in accordance with law.

- Monitoring and examining the proper and full implementation of the Law on Investment, the Law on Enterprises and enterprise-related contents provided in other legal documents, proposing annulment of irrational regulations, minimizing barriers, reducing risks, and eliminating discrimination in investment and business of enterprises.

- Promptly drafting and submitting to the Government for promulgation decrees guiding the Law on Support for Small- and Medium-sized Enterprises and soon bringing into actual practice the measures for attracting startup investment and development of small- and medium-sized enterprises.

- Coordinating with the Ministry of Finance in studying and developing a plan on encouraging individual business households to transform into enterprises on the principle of applying the most favorable transformation procedures; minimizing conformity expenses from such transformation, firstly conformity expenses for administration organization, accounting regimes and tax expenses; and submitting it to the Government in 2018’s fourth quarter.

c/ The Ministry of Justice shall assume the prime responsibility for and coordinate with related ministries and sectors in:

- Strictly controlling the promulgation of legal documents prescribing business conditionsultra vires.

- Studying and formulating a plan on increasing the effect and effectiveness of contractual performance and dispute settlement for submission to the Government in 2018’s fourth quarter.

- Coordinating with the Supreme People’s Court in studying and proposing solutions to shorten the time for settlement of civil and commercial cases and reduce costs for dispute settlement, and reporting them to the Prime Minister in 2018’s fourth quarter.

d/ The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with related ministries and sectors in, reporting the situation of administrative reform in ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees under the Prime Minister’s Decision No. 225/QD-TTg of December 4, 2016, approving the plan on state administrative reform during 2016-2020, and proposing solutions for further administrative reform to the Prime Minister in 2017’s fourth quarter.

dd/ The Ministry of Natural Resources and Environment shall further review and improve the land law to ensure private enterprises’ right to equal access to land and natural resources; renew the mechanisms for registration of land use rights, reduce the costs for citizens and enterprises and develop the land use right market.

e/ The Ministry of Science and Technology shall assume the prime responsibility for:

- Further reviewing and simplifying the processes and procedures for establishment of intellectual property rights; increasing the enforcement effectiveness and enhancing the creation, exploitation and administration of intellectual properties of enterprises; and establishing a reliable and synchronous national database on industrial property and intellectual property.

- Reporting to the Prime Minister in 2017’s fourth quarter the results of implementation of the plan on support of renewal and innovative entrepreneurial ecosystem.

g/ The Ministry of Finance shall assume the prime responsibility for, and coordinate with related ministries and sectors in, thoroughly implementing the guidelines on equitization of state enterprises, sale of shares to domestic private investors, and reduction of the State’s capital holding rate based on the criteria classified in the Prime Minister’s Decision No. 58/2016/QD-TTg of December 28, 2016, on criteria for classification of state enterprises and enterprises with state capital, and the list of state enterprises to be rearranged during 2016-2020. To further boost capital divestment in other sectors. To quarterly report to the Government at its regular meetings.

2. To annul unnecessary and irrational barriers and business conditions, increase market accessibility and foster healthy and fair competition.

a/ Ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees and related agencies shall:

- Continue reviewing, assessing and proposing the annulment of between at least one-third and half of existing business conditions in the fields under their management as well as administrative procedures that are hindering enterprises’ investment and business activities. Strictly implement the Prime Minister’s Decision No. 225/QD-TTg of February 4, 2016, approving the plan on state administrative reform during 2016-2020, and submit such to the Ministry of Home Affairs for summarizing and reporting to the Prime Minister in December 2017.

- To periodically organize public dialogues with the business community and the press at least twice a year to timely solve enterprises’ difficulties and problems.

b/ The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with related ministries and sectors in:

- Promptly drafting a decree on control and improvement of the quality of business conditions for submission to the Government in December 2017.

- Proactively formulating a plan on, and promulgate documents guiding, the implementation of the Law on Planning; reviewing and proposing amendments and supplements to the laws under its specialized fields, to ensure synchronous, unified and scientific planning without becoming an administrative barrier to enterprises’ investment and business activities.

c/ The Ministry of Finance shall assume the prime responsibility for, and coordinate with related ministries and sectors in:

- Promptly drafting the amended decree on goods sale and service provision invoices for submission to the Government in 2017’s fourth quarter.

- Studying and drafting the amended Law on Securities, creating conditions to boost development of the securities market into an important capital raising and flow channel of the economy, including small- and medium-sized enterprises via startup investment funds; and concurrently attaching importance to the safety factor of the securities market, specifically to increase transparency, protect small investors and minor shareholders, and ensure stable economic development. Proposing to add this draft law to the 2018 law- and ordinance-making program, and submitting it to the National Assembly for consideration and approval in 2019.

- Studying and formulating a plan on encouraging private enterprises to extensively participate in the public procurement market and provide public services, increasing publicity, transparency and equal competition, for submission to the Government in 2018’s fourth quarter.

d/ The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related ministries and sectors in:

- Studying, reviewing and formulating a plan on systemization of the distribution network in conformity with population scales and characteristics of localities, aiming to protect domestic production, restrict border trade activities and develop the domestic market in line with integration commitments, and submitting it to the Government in 2018’s third quarter.

- Studying and formulating a plan on development of competitive energy market by 2025, with a vision towards 2030, encouraging the increase of energy use efficiency, and creating favorable conditions for the private sector to invest in renewable energy development, and submitting it to the Government in 2018’s fourth quarter.

dd/ The Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with related ministries and sectors in, directing higher education institutions and occupational education institutions to include innovative startup content in teaching programs and establish innovative startup centers in universities and occupational education institutions.

e/ The Ministry of Science and Technology shall continue reviewing, amending and supplementing national technical standards and regulations and the process of conformity assessment in order to facilitate enterprises in announcing standard conformity and regulation conformity of products, goods, services, processes and the environment; and strictly handle violations related to industrial property. The Ministry shall report them to the Prime Minister in 2018’s second quarter.

3. To increase accessibility to infrastructure and resources

a/ The Ministry of Transport shall assume the prime responsibility for, and coordinate with related ministries and sectors in, studying and formulating a plan on development of a competitive transportation market towards developing multimodal transportation, connecting various forms of transportation, encouraging information technology application to reduce transportation costs, and facilitating enterprises’ goods and service circulation and distribution; and submit it to the Government in 2018’s fourth quarter.

b/ The Ministry of Construction shall assume the prime responsibility for, and coordinate with related ministries and sectors in, studying and formulating a plan on development of innovative startup urban centers toward reviewing planning, grasping urbanization trends, developing small-sized, low-cost and accessible housing clusters for lease as public offices and innovative startup centers which are connected with universities, industrial clusters, industrial parks and new urban areas, creating new economic beltways, facilitating innovative startup activities to get easy access to production premises, business, market, logistics and supportive services; and submit it to the Government in 2018’s fourth quarter.

c/ The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with related ministries and sectors in, studying, formulating and promulgating the regulation on inter-coordination for land use rights, contracts on purchase and sale or lease of houses or factories, temporary residence certificates and contracts on electricity, water and telecommunication service supply, toward further facilitating and cutting living costs for citizens and employees in industrial parks and export-processing zones, and facilitating startup activities of small- and medium-sized enterprises. The Ministry shall submit it to the Government in 2018’s second quarter.

d/ The Ministry of Finance shall assume the prime responsibility for, and coordinate with related ministries and sectors in, studying and formulating a plan on diversified development of financial institutions, especially attaching importance to attracting innovative startup investment funds, micro finance organizations, and financial consultancy, accounting, auditing, pricing appraisal, insurance and credit rating services for small- and medium-sized enterprises, and promoting the application of information technology while establishing mechanisms and tools for prevention of frauds, black credit and multi-level fund raising. The Ministry shall submit it to the Government in 2018’s third quarter.

dd/ The State Bank of Vietnam shall assume the prime responsibility for, and coordinate with related ministries and sectors in, studying and formulating a plan on credit and credit guarantee mechanisms suiting micro-sized enterprises, aiming to support the information technology development-based business mode and increase safety of card transaction and payment services. The Ministry shall submit it to the Government in 2018’s third quarter.

4. To support private enterprises in technology innovation and modernization, human resource development and labor productivity improvement 

a/ The Ministry of Planning and Investment shall assume the prime responsibility for and coordinate with related ministries and sectors in:

- Studying and proposing policies and solutions to associate policies encouraging sectoral linkage activities and participation in domestic private enterprises’ value chains with foreign investment attraction policies.

- Coordinating with provincial-level People’s Committees in reviewing and reporting the situation of manufacturers of input accessories for foreign-invested enterprises in their localities. The Ministry shall report the results to the Prime Minister in 2018’s second quarter.

b/ The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related ministries and sectors in, studying and formulating a new industrialization strategy by 2030, with a vision toward 2035, which must take into account the opportunities and challenges of industrial revolution 4.0 and changes in Vietnam’s population structure; and shall submit it to the Government in 2019’s second quarter.

c/ The Ministry of Science and Technology shall assume the prime responsibility for:

- Reviewing and reporting on the operational situation of hi-tech zones and hi-tech incubation centers; operational situation of science and technology enterprises; re-assess and propose solutions for boosting domestic private enterprises’ technological transfer, application and renewal activities. The Ministry shall report them to the Prime Minister in 2018’s second quarter.

- Studying and proposing amendments to regulations on use of the National Technological Renewal Fund toward publicity and transparency, creating favorable mechanisms to support enterprises in fulfilling technological renewal tasks and increasing competitiveness for reporting to the Prime Minister in 2018’s first quarter.

d/ The Ministry of Education and Training shall assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs in, studying and formulating a plan on inclusion of contents on business management and international trade into upper secondary and vocational curriculums, toward retraining and developing professionally qualified businesspersons with modern management and administration skills, business ethics and sense of responsibility for the nation and people; and submit it to the Government in 2018’s third quarter.

dd/ The Ministry of Foreign Affairs and the Ministry of Industry and Trade shall co-direct overseas Vietnamese diplomatic and trade representative missions to include technological and scientific information into the contents that are periodically provided to domestic enterprises.

5. To increase state management effect and effectiveness; to reach consensus in awareness about and thinking of development of the private economic sector

a/ Ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees and related agencies shall:

- Advocate and popularize the guiding viewpoints of Resolution No. 10-NQ/TW to thoroughly grasp the spirit in which the Government accompanies and serves enterprises, creates a favorable environment for enterprises to make investment and do business, and at the same time prevent all signs of relation of interest groups and control over policies for illegal self-seeking.

b/ The Ministry of Planning and Investment shall assume the prime responsibility for and coordinate with related agencies in:

- Studying and formulating a plan on comprehensive renewal of state management in the economic field, which must comply with the World Bank’s national administration criteria, creating a breakthrough in increasing state management effect and effectiveness, for submission to the Government in 2018’s fourth quarter.

- Increasing inspection and urging ministries, sectors and provincial-level People’s Committees to strictly implement on schedule, and ensure the implementation quality of, Resolution No. 19-2017/NQ-CP of February 6, 2017, on implementation of major tasks and solutions for further improving the business environment and raising the national competitiveness in 2017, with orientations toward 2020, Resolution No. 35/NQ-CP of May 16, 2016, on support for and development of enterprises through 2020, contents related to private enterprise development under Resolution No. 27/NQ-CP of February 21, 2017, promulgating the Government’s action program on implementation of the Resolution of the fourth plenary session of the XII^th Central Committee of the Communist Party of Vietnam, on major guidelines and policies to continue renewing the growth model and improving the growth quality, labor productivity and competitiveness of the economy and the National Assembly’s Resolution on the economic restructuring plan for the 2016-2020 period, and Resolution No. 63/NQ-CP of July 22, 2016, promulgating the Government’s action program for implementation of the National Assembly’s Resolution on the 2016-2020 five-year socio-economic development plan.

c/ The Ministry of Information and Communications, Voice of Vietnam and Vietnam Television shall promote communications programs and raise public awareness about the Party’s and the State’s guidelines on encouraging and facilitating the development of the private economic sector, eliminating all barriers and prejudices and creating every favorable condition for the private economic sector to develop in a healthy manner and in the right direction; and at the same time encouraging private enterprises to raise their national spirit and senses of law observance and business ethics, well perform social responsibilities, compete healthily, and strive for cooperation and innovative renewal for the common goals of raising the economy’s competitiveness and national brands and enriching the country. They shall report the results to the Prime Minister at monthly meetings.

III. ORGANIZATION OF IMPLEMENTATION

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall:

- Within their assigned functions, powers and tasks, direct the integration of relevant tasks under Resolution No. 10-NQ/TW and this Resolution into the contents of the 2017 and the 2018-2020 socio-economic development plans; formulate and promulgate plans to implement this Resolution and Resolution No. 10-NQ/TW in 2017’s fourth quarter; and concurrently direct prompt implementation of solutions and tasks according to their functions suitable to the practical conditions of each sector, field and locality.

- Direct and increase inspection of and urge the implementation of the action programs of the Government and each ministry, agency and locality; annually report on the implementation results to the Prime Minister, and at the same time to the Ministry of Planning and Investment for monitoring and summarization as prescribed by law.

2. The Minister of Planning and Investment shall assume the prime responsibility for, and coordinate with ministries, agencies and localities in, monitoring and urging the implementation of this action program, regularly reporting and proposing to the Government and the Prime Minister necessary measures to ensure synchronous and effective implementation of the action program; closely following related contents in the working programs of the Politburo, the Secretariat Committee, the Party’s Central Executive Committee, the National Assembly Standing Committee and the National Assembly for reporting as prescribed.

3. The Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment, the Propaganda and Education Commission, the Central Committee of the Vietnam Fatherland Front and ministries, agencies and localities in, well performing public information work in order to create social consensus and make full use of the efforts made by sectors, levels, enterprise community and the people to strive for successful fulfillment of objectives and tasks approved by the National Assembly.

4. For specific contents under the action program that should be amended or supplemented in the course of implementation of this Resolution, ministries, agencies and localities shall proactively propose and submit such to the Ministry of Planning and Investment for summarization and reporting to the Government for consideration and decision.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC