Proposal to inspect and examine enterprises and business households no more than once a year

No enterprise or business household may be inspected or examined more than once a year, except in cases where there is clear evidence of violation.

National Assembly Chairman Tran Thanh Man (middle) and Vice Chairmen of the National Assembly chaired the meeting - Photo: GIA HAN

On the afternoon of May 14, the National Assembly Standing Committee met to give opinions on the National Assembly's draft resolution on a number of special mechanisms and policies for private economic development.

Strictly handle abuse of business inspection and examination

Presenting the draft resolution, Deputy Minister of Finance Nguyen Duc Tam said the resolution aims to institutionalize the Party's policies and guidelines (Resolution 68) to improve the investment and business environment and support the private economy in accessing resources.

The content on improving the business environment is very notable in the draft resolution.

In which, it stipulates a number of principles in inspection, examination, licensing, certification, handling of violations and resolving cases in business activities, resolving enterprise bankruptcy according to simplified procedures.

Specifically, the draft resolution stipulates the principle that each enterprise or business household cannot be inspected more than once a year, except in cases where there is clear evidence of violations.

Along with that, strictly handle acts of abusing inspection and examination to harass and cause difficulties for businesses. Prioritize remote inspection and examination based on electronic data, reduce direct inspection and examination.

Law-abiding enterprises are exempted from physical inspection. Management of business conditions is shifted from licensing/certification to publication and post-inspection, except for specific areas according to international regulations and practices.

Mr. Tam said these regulations aim to improve the effectiveness of inspection and examination, overcome overlaps, strongly shift to post-inspection, publish business conditions, and create maximum convenience for production and business.

Handling business violations: Distinguishing legal, criminal and civil liability

Deputy Minister of Finance Nguyen Duc Tam - Photo: GIA HAN

Another noteworthy content is the principle of handling violations and resolving incidents 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; between administrative responsibility and civil responsibility.

Priority is given to handling civil, economic and administrative violations first. Enterprises, business households and individuals are allowed to remedy violations and damages themselves. In cases where the practical application of the law may lead to criminal prosecution or not, criminal prosecution 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.

Do not retroactively apply laws that are unfavorable to businesses, business households, and individuals. Quickly conclude cases that lack information, documents, and evidence according to procedural regulations and make them public.

Ensure the principle of presumption of innocence and comply with the authority, order and procedures in investigation, prosecution and trial. The sealing, attachment and temporary detention of assets must ensure the legitimate rights and interests of individuals and organizations and correspond to the expected damage.

Reasonable use of measures to ensure asset value, minimize impact on production and business, after obtaining consensus from the prosecution agency and without affecting the investigation.

Clearly distinguish between legally formed assets and assets, incomes obtained from illegal acts, and other assets related to the case; between assets, rights, and obligations of the enterprise and assets, rights, and obligations of individual managers in the enterprise in handling violations and resolving cases.

Supplementing the same content, the management agency is not allowed to inspect and check in the same year.

Examining the draft resolution, Chairman of the National Assembly's Economic and Financial Committee Phan Van Mai said that a number of special mechanisms and policies in the draft resolutions on litigation (criminal, civil, administrative), handling of administrative violations, inspection, tax, bidding, science - technology and innovation are within the scope of the laws considered and approved by the National Assembly at the 9th session.

Mr. Mai proposed to fully review, explain, and clarify the necessity and appropriateness of the provisions in the draft resolution without adjusting these contents in the laws.

The National Assembly's Economic and Financial Committee also reviewed the contents of the principles of inspection, examination, licensing, and certification activities for enterprises, business households, and business individuals, and the principles of handling violations and resolving cases in business activities.

Accordingly, Mr. Mai proposed to add a regulation: with the same content, the management agency is not allowed to conduct inspections and examinations in the same year, except in cases where there is evidence of violations. The results of inspections and examinations must be made public.

At the same time, it is recommended to review and supplement Resolution 68, specify the content of "improving the business environment", and separate the article on licensing principles, certification, access to resources, and competition.

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Source: https://tuoitre.vn/de-xuat-thanh-tra-kiem-tra-doanh-nghiep-ho-kinh-doanh-khong-qua-1-lan-nam-20250514184948505.htm