According to Official Dispatch No. 159/NHNN-PC dated January 8, 2025 of the State Bank of Vietnam on soliciting opinions on the Draft Dossier Proposing to develop the Law on Enterprises (amended).
The Ministry of Planning and Investment said that it has drafted the Dossier Proposing to develop the Law on Enterprises (amended), including: (1) Draft Submission for the Law; (2) Draft Policy Impact Assessment Report in the Law Proposal; (3) Draft Summary Report on the Implementation of the Law on Enterprises in 2020; (4) Draft Detailed Outline of the Law; (5) Draft International Experience Report.
Accordingly, the purpose of promulgating the Law is to continue to perfect the legal framework on the establishment, organization and operation of enterprises; promote enterprise development, attract investment in production and business; contribute to improving the investment and business environment to be favorable, safe and transparent; ensure the urgency, timeliness, completeness, synchronization, unity, effectiveness, efficiency and suitability with practical requirements.
In particular, ensuring the full and consistent implementation of the reforms of the Enterprise Law in conjunction with the implementation of new policies and orientations of the Party, the National Assembly, and the Government on developing the private economy into an important driving force of the socialist-oriented market economy; on improving the business environment, enhancing national competitiveness; on improving the effectiveness of economic integration and implementing international commitments...
Specifically, the draft Dossier proposing the development of the Enterprise Law (amended) has 5 major policies. First, ensuring the unity and synchronization of the law with the goal of overcoming the contradictions and overlaps between the Enterprise Law and other laws to ensure the unity and synchronization of the legal system on the establishment, organization, management and operation of enterprises; Overcoming the lack of consistency and synchronization between regulations in the Enterprise Law.
Second, perfect the institutional framework for business entry and exit in a convenient, safe and transparent manner with the aim of perfecting the legal framework on business establishment and registration to create more favorable conditions for businesses to enter the market, ensuring the right to freedom of business in industries that are not prohibited by law, and at the same time, handling some negative issues arising in practice such as the situation of "false capital contribution", "virtual capital increase", establishment of enterprises not for business purposes as registered...
Third, perfect the legal regulations on corporate governance with the aim of handling difficulties and inadequacies arising in the process of implementing the regulations on corporate governance of the 2020 Enterprise Law.
Fourth, implementing international commitments on anti-money laundering with the aim of implementing Vietnam's international commitments on related issues, in line with the Party and State's policy on perfecting the system of policies and laws, creating a favorable investment and business environment benefits, safety, trust, equality for entrepreneurs and businesses to develop.
Fifth, forming a legal basis for the activities of individual businesses (individual traders) with the goal of creating a solid legal basis for the activities of individual business entities.
VNBA requests member organizations to contribute their opinions on this draft.
Members' written comments (including word files) should be sent to the Vietnam Banking Association at the email address: minhthu300999@gmail.com before January 16, 2025 (Phone: 0339.120.916 - Ms. Minh Thu).
VNBA looks forward to receiving the attention and cooperation of member organizations.
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