Ensuring the quality and duration of promulgation of legal normative documents on business investment conditions

10/06/2016
Ensuring the quality and duration of promulgation of legal normative documents on business investment conditions
On 3 June 2016, the Ministry of Justice held a meeting with leaders of ministries and ministerial level agencies on the implementation, and difficulties and problems in the promulgation of legal normative documents on business investment conditions according to the Law on Enterprises and the Law on Investment. Minister of Justice Le Thanh Long chaired the Meeting.
Vice Chairman of the Government Office Le Manh Ha, Deputy Minister of Home Affairs Nguyen Trong Thua, Deputy Minister of Labour - Invalids and Social Affairs Dao Hong Lan, Deputy Minister of Education and Training Pham Manh Hung, Deputy Minister of the Ministry of Natural Resources and Environment Nguyen Thi Phuong Hoa, Deputy Minister of Construction Do Duc Duy, and representatives of relevant agencies and units attached to the Ministry of Justice participated in the Meeting.
Reporting at the Meeting, the Director of Department of General Affairs on Legislative Development (Ministry of Justice) Nguyen Hong Tuyen said that in the promulgation of legal normative documents on business investment conditions according to the Law on Enterprises and the Law on Investment, ministries and ministerial level agencies have been experiencing some difficulties and problems. For example, they not only have to promulgate a large number of detailing documents, but also have to review, draft and submit to the Government a range of decrees on business conditions according to the Law on Investment. In addition, due to the requirement for the progress and implementation of the shortened process, for most draft documents, objects subjected to direct impact have not been consulted. Furthermore, due to the pressure of time, unavoidable limitations may occur during the appraisal, negatively affecting the feasibility and reasonableness of provisions on the business investment conditions.

In terms of the result of the promulgation of such documents, according to Mr Nguyen Hong Tuyen, by 2 June 2016, 68 out of 86 drafts, which must be issued by 1 July 2016, have been appraised by the Ministry of Justice. Of which, 46 out of 68 drafts have been submitted to the Government and the Prime Minister. At the meeting, Minister of Justice Le Thanh Long, and leaders of ministries and ministerial level agencies highly praised the results mentioned as above. However, according the statistics, there have been 18 out of 86 drafts which have not been sent to the Ministry of Justice for appraisal. What is more, 22 out of 68 drafts, which have been appraised by the Ministry of Justice, have not been submitted to the Government and the Prime Minister. Therefore, there are a lot of things to do in the time to come, Mr. Tuyen added.
Speaking at the Meeting, Vice Chairman of the Government Office Le Manh Ha said that reducing business investment conditions means reducing harassment to businesses. Thus, Mr Ha suggested that we need to clearly define the number of conditions reduced. Deputy Minister of Home Affairs Nguyen Trong Thua added that the quality of legal normative documents must be taken into account even under the time pressure. Deputy Minister of Construction Do Duc Duy noted that ministries and ministerial level agencies need to avoid overlapping regarding legal normative documents on business investment conditions.
Addressing the Meeting, Minister of Justice Le Thanh Long reaffirmed the importance of the promulgation of legal normative documents on business investment conditions according to the Law on Enterprises and the Law on Investment. The Minister noted proposals and suggestions of ministries and ministerial level agencies raised at the Meeting. Minister Le Thanh Long stressed that the Ministry of Justice has collaborated closely with ministries and ministerial level agencies in the path of the promulgation of those documents; and that, if any backlog and problem occur, they shall be promptly reported to the Government, the Standing Committee of the National Assembly and the National Assembly for decision./.