The evaluation improve the quality of the Resolution draft
In order to legitimately implement the 2014 Investment Law and due to the late promulgation of Resolutions about business conditions of some Ministries and ministerial agencies, the Government Office issued Anouncement No.66/TB-VPCP about the guidance of the Prime Minister on the deployment of Business Law and Investment Law to avoid legal “holes” since July 1^st 2016.
One of the guidance opinions requires Ministries and ministerial agencies to speed up the drafting process of Resolutions on business conditions, which need to be shortly presented to the Government before May 30^th 2016.
According to Article 75 and 76 of 2008 the Law on legal normative documents promulgation, the Ministry of Justice have legally evaluated the resolutions on business conditions.
During the evaluation, the Ministry established an Evaluation Consulting Council, which include representatives of relating ministries, agencies and business association. Vietnam Chamber of Commerce and Industry (and enterprises in some cases) were also invited to attend.
However, the Chamber of Commerce and Industry did not send representatives to attend many consultant meeting despite the fact that invitations were sent. In some cases, the Chamber sent written comments but since it was already late, the Ministry of Justice was unable to receive those comments.
For each draft, the Ministry of Justice always question about the necessity of the regulations on business conditions and follow Article 7 of the 2014 Investment Law. This is not only because of national defense, national security, order, public safety, social ethics, health of the community but also to ensure publicity, transparency, objectivity, time and cost reducing.
After receiving the evaluation from the Ministry of Justice, the organs incharge of drafting have positively cooperate with the Ministry, the Government Office and other relating ministries in order to complete the Resolution drafts as well as the attaching files, documents and improve the quality of the Resolution drafts.
The information about the Ministry of Justice evaluated 44 Resolutions in 1 week is completely false. The Ministry have already evaluated a lot of the Resolutions on business conditions, such as Resolution on casino business, Resolution on dept trading service…
The mentioned Circular 20 belongs to Ministry of Industry and Trade
According to Deputy Minister of Justice Tran Tien Dung, although circulars on business condition usually get upgraded to Resolutions, the evaluation is still taken seriously. The Ministry of Justice have researched and noticed if the business conditions are not necessary, logical or transparent.
For all the business conditions that are administrative interference, incoindice with competetive guarantee, free-trading or violated the Constitution and Article 7 of Investment Law, the Ministry of Justice have concerned and highlighted in the evaluation documents.
Moreover, the Minister of Justice organized a meeting about the Resolutions on business conditions with the leaders of ministries, agencies. All of the problems and concerns were analyzed and solutions were proposed to fix them.
Circular 20/2011/TT-BTP was issued by the Ministry of Industry and Trading. The Regulation on enforcing enterprises which import goods have to have authorization paper was discovered and objected by the Ministry of Justice during the Evaluation Consulting Council meeting. The reason was this regulation violated Competetive Law and Intellectual Property Law. This was also clearly written in the evaluation documents by the Ministry of Justice.