National Assembly passes Resolution, creating breakthrough mechanism for private economic development

The National Assembly voted to pass three important Resolutions. (Photo: VNA)

On the morning of May 17, the National Assembly voted to pass the Resolution on mechanisms and policies for private economic development, with 429/434 National Assembly deputies participating in the vote in favor. The Resolution consists of 7 Chapters with 17 Articles and takes effect from today.

Previously, presenting a report on the reception, explanation and revision of the National Assembly's draft Resolution on a number of special mechanisms and policies for private economic development, Minister of Finance Nguyen Xuan Thang said that in order to ensure compliance with Article 51 of the 2013 Constitution on non-discrimination between economic sectors, ensuring compatibility with relevant international treaties to which our country is a member; avoiding violations of the principle of "national treatment", Article 2 of the draft Resolution stipulates that the subjects of application are all types of enterprises, business households and business individuals.

Some specific subjects such as small and medium enterprises, innovative enterprises... have their own specific policies that have been specifically stipulated in the provisions of the draft Resolution.

Regarding the issue of improving the business environment, the Resolution stipulates that the number of inspections and checks for each enterprise, business household, and individual business (if any) must not exceed once a year, except in cases where there are clear signs of violations.

For the same state management content, if an inspection has been conducted, no inspection activities shall be carried out, or if an inspection has been conducted, no inspection activities shall be carried out for enterprises, business households, or business individuals in the same year, except in cases where there are clear signs of violations.

The resolution requires strict handling of acts of abuse and taking advantage of inspection and examination to harass and cause difficulties for businesses, business households, and business individuals...

In addition, there will be a strong shift from pre-inspection to post-inspection, along with improving the effectiveness and efficiency of inspection and supervision. The management of business conditions will be shifted from licensing and certification to publishing business conditions and post-inspection, except for a few areas that are required to carry out licensing procedures according to international regulations and practices.

Regarding the principles of handling violations and resolving cases in business activities, the Resolution clearly defines the responsibilities of legal entities and individuals in handling violations; between criminal responsibilities and administrative responsibilities, civil responsibilities; and between administrative responsibilities and civil responsibilities.

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 prosecution or no criminal prosecution, criminal prosecution shall not be applied.

Voting results of the Resolution on mechanisms and policies for private economic development. (Photo: PV/Vietnam+)

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.

Legal provisions must not be applied retroactively to deal with disadvantages for enterprises, business households, and business individuals. Ensure that the sealing, temporary seizure, and freezing of assets related to the case or lawsuit must comply with the correct authority, order, procedures, and scope, and must not infringe upon the legitimate rights and interests of organizations and individuals.../.

According to VNA

Source: https://baothanhhoa.vn/quoc-hoi-thong-qua-nghi-quyet-tao-co-che-dot-pha-phat-trien-kinh-te-tu-nhan-249067.htm