Monday, 23 Oct 2017

Removing barriers and overcome "differences" among laws

Updated at Friday, 30 Dec 2016, 19:36
The Hanoitimes - On August 11, a workshop on the project "Law on amending and supplementing laws on investment and business" organized by the Central Institute of Economic Management (CIEM), the incompatibilities among provisions of the Law on Investment and Law on Enterprises together with the provisions of other relevant laws, including the Law on Land were figured out.
Many obstacles arise
There are a lot of comments that after one year of deploying the Law on Investment and the Law on Enterprise, Vietnam has been able to create a more favorable and transparent environment for enterprises. However, in fact, there are still a lot of obstacles, differences, incompatibilities and conflicts among the provisions of the Law on Investment and Law on Enterprises with other specialized laws.
These problems have caused difficulties for the State management authorities and enterprises. According to Mr. Nguyen Dinh Cung, Ph.D - The Director of the Central Institute of Economic Management, any policy which can create more favorable conditions for the people must be implemented immediately. We should not wait until there are sufficient 100 problems to solve at the same time and must solve every problem when it occurs. In which the law on amending and supplementing relevant laws on investment and business are proposed on the spirit of really abolishing the barriers and creating favorable conditions for enterprises.
At the workshop, one of the problem mentioned is that many obstacles related to administrative procedures are related to the land use. According to CIEM research group, the right to access the land of foreign-invested enterprises is limited in case of receiving the land transfer.
According to Article 4 of the Law on Enterprises, Vietnamese enterprises are enterprises which are established or registered to be established in accordance with the law of Vietnam and have head offices in Vietnam. Thus, foreign-invested enterprises are also Vietnamese enterprises. However, Article 3 of the Law on Land excludes foreign-invested enterprises from economic institutions.

Photo for illustration
Photo for illustration
Former Minister of Natural Resources and Environment Nguyen Manh Hien also pointed out the overlapping and shortcomings in the licensing procedures for investment projects with land use. Accordingly, in the introduction on the construction place, there are "differences" between the three laws: investment; construction; housing, so local authorities perceive them by various ways.
Therefore, according to Mr. Nguyen Manh Hien, it is required to implement the administrative procedure on introducing the places simultaneously with the administrative procedure on deciding the investment guideline. Besides, both administrative procedures have the opinion contribution of the relevant agencies such as: Ministry of Construction, Ministry of Natural Resources and Environment.
Generate motivation for enterprises
There have been 24 administrative procedures for investment projects which have the land use and are implemented in various agencies such as investment, construction, industry and trade, fire prevention & fighting.
Mr. Nguyen Phuong Bac - the Director of the Institute for Social-Economic Development and Vice Chairman of Bac Ninh Provincial Small and Medium-sized Enterprise Association said: It will be very time-consuming to implement all these stages. There must be a process to integrate procedures to implement them quickly; otherwise, local authorities also encounter difficulties in the implementation. “We should consider to work out an appropriate procedure so as to assure the State management while also create conditions for enterprises” - said Mr. Bac.
Mr. Phan Duc Hieu - VICEM said that an investment project is related to many factors: some projects are governed by many laws, but are concentrated in some agencies. Procedures are repeated for many times and a problem needs consulting to 5-7 agencies. Then, investors have to consulted opinions for a repeated problem again and again. It is wasting the time and expenditure of investors
Translated by Anh Dat
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