Proposal for private enterprises to directly invest in key national projects

Delegates working in the hall. (Photo: BUI GIANG)

No retroactive treatment to disadvantage businesses

On the morning of May 15, continuing the 9th Session, the National Assembly listened to the Presentation and Report on the examination of the draft Resolution of the National Assembly on mechanisms and policies for private economic development.

This content has just been added to the meeting agenda for discussion and voting on the morning of May 17.

Presenting the report, Finance Minister Nguyen Van Thang said that the draft Resolution was developed to promptly institutionalize the Party's policies and guidelines stated in Resolution No. 68 on the private economy. Thereby, it creates a "push, lever, and fulcrum" to create new momentum, liberating resources and productivity of the private economy.

The Draft Resolution consists of 7 Chapters and 17 Articles, of which one chapter is devoted to improving the business environment.

Minister of Finance Nguyen Van Thang. (Photo: BUI GIANG)

Specifically, to improve the effectiveness of inspection and examination work, overcome the situation of overlapping and duplicate inspection and examination, and strongly shift from pre-inspection to post-inspection, the draft resolution stipulates no discrimination between enterprises of all economic sectors in mobilizing, allocating and using capital resources, land, resources, assets, technology, human resources, data and other resources.

At the same time, strictly handle acts that restrict competition, abuse dominant position, monopoly position and unfair competition.

In particular, regarding the principles of handling violations and resolving cases in business activities, the draft resolution clearly distinguishes between the responsibility of legal entities and the responsibility of individuals; between criminal responsibility and administrative responsibility, civil responsibility; and between administrative responsibility and civil responsibility.

For violations and civil and economic cases, priority is given to applying civil, economic and administrative measures first; enterprises, business households and business individuals are allowed to proactively remedy violations and damages.

In cases where the practical application of the law may lead to criminal proceedings or no criminal proceedings, criminal proceedings shall not be applied.

For violations that are subject to criminal prosecution, priority is given to proactive, timely and comprehensive economic remedial measures first and is an important basis for the prosecution agency to consider when deciding to initiate, investigate, prosecute, try and take further measures.

View of the meeting. (Photo: BUI GIANG)

The draft resolution also stipulates that legal provisions shall not be applied retroactively to deal with disadvantages for enterprises, business households, and business individuals.

In addition, the draft also requires ensuring that the sealing, temporary seizure, and freezing of assets related to a case or lawsuit must comply with the correct authority, order, procedures, and scope, and must not infringe upon the legitimate rights and interests of individuals and organizations; ensuring that the value of the sealing, seizure, temporary seizure, and freezing corresponds to the expected consequences of damage in the case...

To achieve the goal of having at least 20 large enterprises participating in the global value chain by 2030, the draft resolution stipulates two policies for this group of enterprises. Notably, the policy of ordering, limited bidding, and designated bidding for key and important national projects.

Accordingly, the State expands the participation of enterprises in the private economic sector in key and important national projects through direct investment or investment in the form of public-private partnership or cooperation models between the State and the private sector in accordance with the provisions of law.

Competent persons and investors are allowed to choose to apply one of the forms of ordering or limited bidding or designated bidding or other appropriate forms as prescribed by law to implement strategic fields, key and important national scientific research projects and tasks, high-speed railways, urban railways, platform industries, spearhead industries, energy infrastructure, digital infrastructure, green transportation, national defense, security, urgent and pressing tasks.

This is done on the basis of ensuring publicity, transparency, quality, progress, efficiency and accountability.

Avoid the "ask-give" mechanism and take advantage of policies in land support

One of the biggest difficulties that the business community has recently reported is the difficulty in accessing land and production and business premises. Therefore, to remove difficulties and obstacles and improve businesses' access to land, the draft resolution devotes a chapter to stipulating a number of special support policies of the State.

Including support for access to land, production and business premises in industrial parks, industrial clusters, and technology incubators.

In addition, it also supports small and medium enterprises, supporting industry enterprises, and innovative enterprises to rent houses and land that are public assets to effectively exploit public assets such as headquarters and unused, unused or redundant works, especially in the process of arranging and reorganizing the two-level government apparatus.

Chairman of the National Assembly's Economic and Financial Committee Phan Van Mai. (Photo: BUI GIANG)

From the perspective of examination, Chairman of the National Assembly's Economic and Financial Committee Phan Van Mai said that the Committee basically agrees with many contents of the draft resolution.

Commenting on some contents, regarding support for access to land, production and business premises in industrial parks, industrial clusters, and technology incubators, the appraisal agency proposed to study and perfect this regulation to avoid the "ask-give" mechanism, taking advantage of policies, causing difficulties for business operations.

At the same time, it is recommended to study and specify the form of refund to investors to ensure the feasibility of the regulation, corresponding to the form of land rental payment.

Regarding financial and credit support (Article 9); support for improving corporate governance capacity and human resource quality (Article 13); support for the formation and development of medium and large enterprises, regional and global private economic groups (Article 15), to ensure that the interest rate support policy in Clause 1, Article 9 of the draft resolution is truly effective, the Committee believes that it is necessary to learn from the implementation of Resolution No. 43/2022/QH15, ensure clear regulations on criteria for determining loan subjects, strictly implement the principles of inspection and examination activities in Article 5 of the draft resolution and Resolution No. 68-NQ/TW, ensure that state agencies and commercial banks implement the principles of self-determination and self-responsibility.

Some opinions suggested reviewing the contents of the implementation organization, which may have to be changed frequently according to the actual situation, and which are not under the authority of the National Assembly to consider and decide; currently, Government agencies have been and are implementing some contents; it is recommended to stipulate in the Government's documents in the spirit of Resolution No. 66-NQ/TW and Conclusion No. 119-KL/TW.

According to nhandan.vn

Source: https://baoapbac.vn/kinh-te/202505/de-xuat-cho-doanh-nghiep-tu-nhan-dau-tu-truc-tiep-vao-cac-du-an-trong-diem-quoc-gia-1042581/