Resolution of the thematic meeting on law making in August - Lang Son Newspaper: Latest news on politics, economy, society, culture

At the August 2024 Special Session on Law Making, the Government reviewed and commented on 8 contents, and continued to discuss and comment on 3 contents.

Prime Minister Pham Minh Chinh chairs a Government meeting on law-making in August 2024. (Photo: Duong Giang/VNA)

The Government issued Resolution No. 126/NQ-CP Special session on law making in August 2024.

At the August 2024 Special Session on Lawmaking, the Government reviewed and commented on 8 contents: the draft Law amending and supplementing a number of articles of the Law on Officers of the Vietnam People's Army; the draft Law on Special Consumption Tax (amended); the draft Law on Corporate Income Tax (amended); the draft Ordinance on Management and Protection of the Ho Chi Minh Mausoleum Relic Site; the proposal to develop the Law on Public Investment (amended); the proposal to develop the Law amending and supplementing a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the Public-Private Partnership and the Law on Bidding; the proposal to develop the Law amending and supplementing a number of articles of the Law on Securities, the Law on Accounting, the Law on Independent Audit, the Law on State Budget, the Law on Management and Use of Public Assets, the Law on Tax Administration, the Law on National Reserves; Transferring Vocational College No. 1 - Ministry of National Defense , Vocational College No. 4 - Ministry of National Defense and Vocational College No. 20 - Ministry of National Defense under the Ministry of National Defense to the Ministry of Labor, War Invalids and Social Affairs.

At the same time, at the meeting, the Government also continued to discuss and give opinions on three contents: the Draft Law on Management and Investment of State Capital in Enterprises; the Draft Law on Teachers; and the Draft Law on Digital Technology Industry.

Calculate a reasonable tax increase roadmap

Regarding the draft Law on Special Consumption Tax (amended), the Government requires the need to develop regulations on special consumption tax that closely follow the principle of consumption orientation, both promoting production and business, economic development, but must meet the requirements of protecting the environment and people's health, not encouraging the consumption of certain luxury goods and services based on international experience and ensuring suitability with Vietnam's economic and social conditions.

Increasing taxes on some items such as alcohol, tobacco, etc. needs to go hand in hand with an effective mechanism to prevent smuggling and tax evasion, and have tools to prevent related violations of the law.

Regulations on adjusting tax rates for specific goods and services such as electronic gyms; civil air conditioners, means of transport with operating mechanisms or using environmentally friendly fuels; pickup trucks serving production and business... need to be supplemented with explanations and explanations with sufficient basis to ensure consistency and feasibility. The tax increase roadmap needs to be calculated reasonably, ensuring the operation of enterprises, avoiding disruption of economic and social activities.

It is necessary to review, summarize and research so that the Law can assign the Government to regulate a number of items subject to special consumption tax in accordance with rapid market fluctuations or social needs, meeting the requirements of flexible state management, ensuring coverage and not omitting taxable items.

For some revised and supplemented contents such as determining taxable prices, tax refunds, tax deductions, etc., it is necessary to carefully evaluate to reduce and simplify administrative procedures and at the same time have regulations on digital transformation to ensure transparency, efficiency and consistency in state management activities.

The Government requests the Ministry of Finance to continue to proactively assess, review, and seek opinions from relevant agencies, organizations, localities, associations, experts, businesses, and people to ensure the development of regulations that are consistent with reality. Focus on policy communication to create consensus on the contents of the proposed amendments and supplements.

Designing modern tools for tax collection

Regarding the draft Law on Corporate Income Tax (amended), the Government requests the Ministry of Finance to study and absorb as much as possible the opinions of Government members, complete the draft Law dossier, and ensure the following requirements: Continue to study and review to ensure the draft Law's content is feasible; effectively resolve difficulties and problems in tax collection; have clear sanctions; ensure harmonious benefits and shared risks.

Ensure that the collection base is correct, complete and timely; design modern tools for effective tax collection, control and inspection, in accordance with international practices; use electronic invoices, apply information technology and digitalization in tax management, promote production and business development, and socio-economic development.

Reduce administrative procedures to facilitate tax collection and payment, raise taxpayers' sense of responsibility and obligations, prevent tax losses, especially in the fields of e-commerce, catering services, retail... ensuring fairness and equality among businesses, economic sectors and in accordance with Decision No. 06/QD-TTg dated January 6, 2022 of the Prime Minister approving the Project on Development of population data applications, identification and electronic authentication to serve national digital transformation in the period 2022-2025, with a vision to 2030.

Regarding the application of additional corporate income tax under the provisions on preventing global tax base erosion, it is necessary to comprehensively assess the implementation of policies and regulations in Resolution No. 107/2023/QH15 of the National Assembly dated November 29, 2023 and propose to legalize these regulations at an appropriate time.

Unlocking resources in state-owned enterprises

Regarding the draft Law on State Capital Management and Investment in Enterprises (amended), the Government agreed to assign the Ministry of Finance to study and absorb the maximum opinions of Government members, complete the draft Law dossier, ensuring the following requirements: Fully institutionalize the Party's guidelines and policies and the direction of the National Assembly and the Government on innovation, restructuring and development of state-owned enterprises; thoroughly handle inadequacies and problems arising from practice that have no legal basis for resolution in the spirit of Resolution No. 12-NQ/TW dated June 3, 2017 of the Central Executive Committee at the 5th Conference of the 12th Party Central Executive Committee on continuing to restructure, innovate and improve the efficiency of state-owned enterprises and the requirements for developing and unleashing resources at state-owned enterprises; clearly define the responsibilities of each entity when participating in the implementation of state capital management and investment in enterprises; clearly distinguish between state management and state capital management.

Strengthen decentralization and delegation of power to agencies representing owners, enterprises, and representatives of state capital at enterprises, ensuring decentralization and delegation of power go hand in hand with improving implementation capacity and effectively allocating resources; regulating the mechanism for monitoring, inspecting, and examining the activities of each management level; evaluating the effectiveness of enterprise management activities according to overall goals, not according to each project; cutting and simplifying administrative procedures to increase investment opportunities for enterprises; focusing on regulations on effective management and investment of state capital at enterprises to create an open mechanism as a driving force for state-owned enterprises to organize production and business effectively, unlocking resources for development (including land resources) instead of restricting the rights of state-owned enterprises in investing and contributing capital for production and business...

Separate teachers from the subjects of regulation of the Law on Civil Servants

Regarding the draft Law on Teachers, the Government agrees on the necessity of developing a Law on Teachers to institutionalize the Party and State's viewpoints and policies on teachers as stated in Party documents; overcome limitations, difficulties, obstacles, and inadequacies in institutions and laws in the management, development, and improvement of the quality of teachers; and ensure continuity, consistency, and synchronization between the Law on Teachers and other relevant laws.

The Government highly appreciates the Ministry of Education and Training in presiding over and coordinating with relevant ministries and agencies to actively prepare and submit the draft Law in accordance with the provisions of the Law on Promulgation of Legal Documents. Due to the nature of the profession of teachers, this draft Law needs to pay attention to some contents.

Specifically, closely follow and clearly demonstrate the policies approved by the Government in the Proposal to develop the Law in Resolution No. 95/NQ-CP dated June 23, 2023 of the Government.

Continue to improve relevant regulations on teachers; inherit regulations that have been proven in practice and applied effectively; supplement regulations to handle shortcomings and problems arising in practice, especially lessons learned from the management, development and quality improvement of the teaching staff in recent times.

There must be a roadmap and appropriate steps, ensuring feasibility and resources for implementation; ensuring the correct principles and contents of state management, minimizing specific tasks that are not state management; separating teachers from the subjects of the Law on Civil Servants, but needing to inherit the regulations that are still suitable for the characteristics of the teaching profession of this Law; specifying specific policies for teachers (in addition to the basic salary and allowances being the highest as stated in Conclusion 91-KL/TW), it is necessary to design additional support policies, attracting talents to the education sector, people with passion for teaching in remote, isolated, border and island areas that are suitable, feasible, and capable of meeting the resources of the state budget.

It is necessary to clarify the professional characteristics of teachers at each educational level, training level and training method, taking into account specific factors in each field to serve as a basis for appropriate policy regulations; it is necessary to strongly decentralize and delegate power in the system of educational management agencies and educational institutions, along with resource allocation, improving implementation capacity, strengthening supervision, inspection and control of power.

Minimize administrative procedures, reduce compliance costs of all levels, sectors, teachers and people; strengthen public-private cooperation in training teachers, encourage self-study and self-improvement for teachers, create conditions for teachers to freely practice their profession within the legal framework; assign the Government to regulate teachers in the armed forces appropriately and within its authority.../.

Source: https://baolangson.vn/nghi-quyet-phien-hop-chuyen-de-ve-xay-dung-phap-luat-thang-8-5020490.html