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Business conditions: Businesses want less, ministries want more
The Central Institute of Economic Management (CIEM) and the Taskforce on the Enterprise Law Implementation have released the results of a survey on conditional business sectors, which shows that businesses want unnecessary conditions removed.
A representative of Dong Nai Business Registration Agency said that more and more business conditions have been set up, while businesses want to remove the conditions.
The survey shows that the number of conditional business fields has been increasing sharply since 2000.
Currently, there exist 300 kinds of licences, and 400 conditional business fields, mostly in trade-service, processing and mineral exploitation. However, if referring to the regulations stipulated in the Enterprise Law, 50 of the 400 fields do not have the legality needed to be stipulated as conditional business fields. These are business fields, the names and the business conditions of which are stipulated in circulars promulgated by ministries or decisions by ministers.
Moreover, CIEM and the taskforce also have ‘doubts’ about the legality of some other business fields. Laws and ordinances do not say that these are conditional business fields, but decrees, decisions or circulars say that they are conditional business fields.
The survey shows that regulations on conditional business fields and business conditions are mentioned in hundreds of different legal documents. Regulations about every conditional business are stipulated in three documents on average. Regulations on advertisement activities can be found in tens of legal documents.
Though regulations appear in many legal documents, they prove to be not clear enough. For example, there are unclear requirements set for job service centres. legal documents say that there must be permanent offices for the centres which prove to have large space and necessary facilities for transactions and centres’ operations.
Nguyen Dinh Cung, secretary of the taskforce, has raised the question: “What does ‘permanent office’ mean?” And he answered: “It depends on the interpretation of the laws by licencing bodies.”
Cung also said that it is illegal to forbid people who have criminal records from doing business.
The taskforce has cited a lot of examples to show that the requirements stipulated by ministerial decisions and circulars prove to be stricter than the requirements set by the legal documents at higher levels.
For example, in publication, the law stipulates that publishing establishments must have equipment to print publications, while the decree stipulates that the establishments must have print and post-print lines.
VNN
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