National Assembly Deputy Mai Van Hai (National Assembly Delegation of Thanh Hoa Province): It is necessary to review regulations on the rights of civil servants in participating in scientific research activities, in participating in management, and contributing capital to enterprises.

Participating in giving comments, National Assembly Deputy Mai Van Hai, Provincial Party Committee member, Deputy Head of the National Assembly Delegation of Thanh Hoa province basically agreed with the submission and report on the review of the draft Law on amending and supplementing a number of articles of the Enterprise Law. At the same time, he said that the amendment and supplementation of a number of articles of the Enterprise Law this time is very necessary and urgent, both to overcome the shortcomings, obstacles and difficulties in the practical operations of enterprises and also to concretize many policies and resolutions of the Party on enterprise development such as: Resolution No. 57-NQ/TW of the Politburo on breakthroughs in science and technology development, innovation and national digital transformation; Resolution No. 68-NQ/TW of the Politburo on private economic development...; helping enterprises develop strongly in terms of quantity, scale and operational efficiency, contributing significantly to the development of the private economy, becoming the most important driving force of the national economy.

To contribute to perfecting the draft Law amending and supplementing a number of articles of the Enterprise Law, delegates have some additional comments, namely:

Article 4 on the interpretation of terms: Supplementing the explanation of the market value of capital contributions or shares; false declaration of charter capital; legal status of enterprises. These contents stipulate quite a lot of contents, the contents of the regulations may still have different understandings and applications, not unified, for example: explaining the market price of capital contributions or shares, is the average transaction within 30 days or the price agreed between the seller and the buyer or the price determined by a valuation organization.

Thus, the market price of capital contribution or shares is determined by 1 of 3 methods, do these 3 methods have the same result in determining the price? And when applying, which method should be based on? Or the legal status of the enterprise, the draft law stipulates "Not operating at the registered address". Operating at the registered location or address or not, in the current situation, many enterprises operate not only at the registered address, but also extend to many other locations to operate, technology enterprises, businesses in the electronic environment can operate without boundaries, operate across countries... Therefore, it is recommended to review the explanation of words in some contents in clauses 14, 35, 36 to be clearer, ensuring that everyone understands and applies the law in a unified manner or these issues can be assigned to the Government for detailed regulations.

The delegates also agreed with the additional provisions on: Beneficial owners of enterprises, in Articles 4, 23, 25, 31, 33 and 216, and believed that adding the content of these provisions is very necessary, to help us implement measures to prevent money laundering, tax evasion, terrorist financing and increase transparency in business production activities of enterprises.

However, the delegate also suggested that it is necessary to have more specific regulations to clearly identify the beneficial owners of the enterprise, how to determine who has the actual ownership of the charter capital or the right to control, manage, and influence the activities of the enterprise. Regarding this issue, the delegate suggested that it is necessary to review the provisions of the draft to supplement regulations to more clearly identify the beneficial owners of the enterprise.

Regarding the right to establish, contribute capital, purchase shares, purchase capital contributions and manage enterprises, Article 17 stipulates: The Draft Law supplements the right of civil servants at public highereducation institutions to manage and operate the business established by that institution. This provision will open up many opportunities in scientific research and transfer of scientific research at universities into production practices, promoting scientific research and innovation.

However, the delegate suggested that it is necessary to review the regulations on the rights of civil servants in participating in scientific research activities, in participating in management, and contributing capital to enterprises to ensure consistency between the Law on Civil Servants; the draft Law on Science, Technology and Innovation that has just been discussed by the National Assembly, such as: the provisions of this draft law only regulate civil servants at higher education institutions; the draft Law on Science, Technology and Innovation stipulates that the rights of civil servants are in public science and technology organizations, that is, civil servants in addition to universities, also include civil servants working at research institutes, research centers, units with scientific research functions... Therefore, the delegate suggested reviewing to have unified regulations.

Quoc Huong

Source: https://baothanhhoa.vn/dbqh-mai-van-hai-doan-dbqh-tinh-thanh-hoa-can-ra-soat-lai-quy-dinh-ve-quyen-cua-vien-chuc-trong-tham-gia-hoat-dong-nghien-cuu-khoa-hoc-trong-tham-gia-quan-ly-gop-von-voi-doanh-nghiep-249364.htm