The Government's regular meeting - April 2016

RESOLUTION

THE GOVERNMENT’S REGULAR MEETING - APRIL 2016

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Government’s Decree No. 08/2012/ND-CP dated February 16, 2012 promulgating the working regulation of the Government;

Based on the discussion of the Cabinet’s members and the conclusion of the Prime Minister at the Government’s regular meeting in April 2016, held on May 04 and 05, 2016,

RESOLVES:

1. Regarding the common tasks

The Government's regular meeting in April 2016 was the first meeting after the Government’s consolidation since the 12th National Party Congress. In the context where the country, the world and the region have numerous advantages but also face with many difficulties and challenges while the remainder of the Government’s term does not last long, members of the Government must make every effort, be determined with the highest sense of responsibility to implement synchronously, comprehensively and attentively key the tasks set out, avoiding interruption after the consolidation.

The Government agrees to act with the highest determination and commitment to renovate leadership, management and administration approaches, gradually phase out the command – administrative manner, and develop a Government of transparency and integrity, a Government that facilitates development. It has been confirmed that the Government is servant of the people and stays in close touch with the people. A Government that promotes democracy and ensures the mastery of the people  in association with strengthening disciplines, rules and law observance; focuses on reviewing, reforming, and improving institutions, mechanisms and policies; ensures equality and transparency, corruption and waste prevention, removal of barriers against enterprises, honor of enterprises, development of businesses; and strengthens decentralization to ministries, agencies and localities.

Individual roles and responsibilities of ministers, heads of ministerial-level agencies should be enhanced as heads of ministries and sectors. At the same time, as a Cabinet member, he/she should spend time on steering institutional and policy development; participate in the common tasks of the Government and promptly and closely coordinate to better address cross-sector issues. Leading ministries should actively request for coordination and collaboration ministries should actively take the responsibility to avoid work delays and stagnation.

Ministers, Heads of ministerial-level agencies, Chairmen of Provincial People's Committees should decide and take responsibility for assigned tasks as prescribed by law, avoiding submitting to the Government and the Prime Minister the matters within their competence.

The Government should uphold and promote the role of the Viet Nam Fatherland Front and other socio-political organizations in mobilizing the people’s consensus, actively implementing the socio-economic development tasks, participating in monitoring the implementation of the tasks of the Government, Ministries, agencies and local authorities.

2. Regarding the socio-economic situation in April and the first four months of 2016 and the implementation progress of the Resolution No. 01/NQ-CP which figures out major tasks and solutions to direct the realization of the Plan on socio-economic development and State budget in 2016.

Regarding the socio-economic situation in April and the first four months of 2016, the Government unanimously agreed that: In general, the macro-economy remained stable. Inflation was put under control. Interest rates and foreign exchange market were relatively stable; credit increased against the same period last year. The stock market recorded positive growth. Foreign direct investment (FDI) observed positive results. Both disbursed and newly registered FDI increased. The volume of disbursed ODA and preferential loans was relatively high. Service sector witnessed positive growth. Foreign arrivals to Viet Nam rose over the same period last year. Business environment and national competitiveness observed steady improvement. Business confidence was strengthened. Due attention was paid to different fields including labor, employment, social security, social welfare and other social fields and many results were achieved. The assurance of food safety was emphasized. National defense and security were strengthened; national sovereignty was maintained; social order and safety were guaranteed. Progress was made in ensuring traffic order and safety. Diplomatic activities were deployed comprehensively with many positive results.

However, the country still faced numerous difficulties and challenges. Macro-economy was stabilized but not sustainable. Growth rate was lower than the same period last year. Industrial growth, particularly the processing, manufacturing, and agriculture showed signs of slowdown. Despite trade surplus, export growth decreased. Business environment revealed many inadequacies. Droughts in the South Central region and the Central Highlands and droughts and salinity intrusion in the Mekong Delta region remained complicated. The abnormal incident of mass fish deaths along Viet Nam’s central coastal provinces had negatively impacts on aquaculture, fisheries and tourism. Life of residents in the areas affected by natural disasters, droughts, salinity intrusion and localities with the incident of unusual mass fish deaths remained difficult. Corruption and waste still occurred. Administrative discipline and order were not strict enough.

The Government requested ministries, agencies and localities to persistently implement the key objectives and targets set out in the socio-economic development plan in 2016, continue stabilizing the macroeconomy as a foundation for high growth in the long term, creating jobs, increasing incomes, and improving living standards and quality of people’s life, strive to achieve GDP growth of 6.7% and control inflation under 5%; at the same time, actively and synchronously carry out the tasks and solutions figured out in the Resolution No. 01/NQ-CP dated January 07, 2016, the Resolutions of the Government's regular meetings from the beginning of the year till now and the Resolution No. 19/2016/NQ-CP dated April 28, 2016 on the key tasks and solution to improve the business environment and enhance national competitiveness in two years from 2016 to 2017 and orientations to 2020, in which, focusing on some key tasks and solutions as follows:

- Ministries, agencies and localities shall actively exploit the strengths and potentials of each sector, each area and each region, continue to improve the mechanisms and policies to attract investment resources for development; focus on solving problems, creating a favorable business environment conducive to production and business; continue to promote the overall restructuring of the economy and the scheme to restructure key sectors and areas; accelerate the implementation and disbursement of investment capital from the State budget and government bonds allocated in 2016. The ministries in charge of managning the National Target Programs and Target Programs shall rapidly complete the feasibility report on the two National Target Programs [on building new rural areas and sustainable poverty reduction] and the Target Programs in the 2016-2020 period, and submit it to the Prime Minister for approval.

- The State Bank of Viet Nam shall closely monitor developments of the financial market, domestic and international currencies to actively and flexibly manage monetary and credit policies in close coordination with fiscal policy to stabilize interest rates and reduce lending rates; manage and supervise weak commercial banks; steer credit for production and business, especially agriculrure, small and medium enterprises, science and technology enterprises, etc. while improving credit quality; assess the progress of credit institution restructuring and bad debt settlement in the period 2011-2015; develop a Scheme to restructure credit institutions and bad debts in the 2016-2020 period with a focus on promoting substantive settlement of bad debts through the Viet Nam Asset Management Company (VAMC); review and amend the Circular No. 36/2014/TT-NHNN dated November 20, 2014 stipulating minimum safety limits and ratios for transactions performed by credit institutions and branches of foreign banks in alignment with practical conditions.

- The Ministry of Planning and Investment shall lead and coordinate with other ministries, agencies and localities to strengthen public investment management, concentrate on reviewing and improving the investment efficiency of projects using development investment capital from the State budget and Government bonds; put forwards solutions to remove difficulties related to investment procedures in order to speed up the allocation, disbursement and implementation of public investment projects; expeditiously complete the Medium-term Public Investment Plan and the Investment Orientation of the National Target Programs and the Target Programs in the period 2016 – 2020, submit them to the competent authorities for approval; review and evaluate the effectiveness of infrastructure investment through Build-Operate-Transfer (BOT) mechanism, improve mechanisms and policies for investment in the form of Public-Private-Partnership (PPP); strengthen the management and improve the efficiency of ODA; chair and coordinate with the Ministry of Finance to study and propose a plan to ensure reciprocal capital for ODA projects committed in the Medium-term Public Investment Plan, and report to the Prime Minister.

- The Ministry of Finance shall proactively and tightly enforce fiscal policies; chair and coordinate with the State Bank of Viet Nam identify the volume, timing and interest rates of government bonds, ensuring macro-economic balance and public debt safety; focus on directing the State budget collection, expanding the tax base, strengthening inspection, examination, prevention of tax losses, transfer pricing, and reduction of tax arrears; thoroughly save recurrent expenditure; restructure State budget spending associated with promoting socialization of public service units; strengthen managemet and efficient use of public debt, controlling public debt within the limits allowed; study to improve public procurement and tender mechanisms to reinforce management and provide effective measures to mobilize resources from public properties and strictly handle violations; accelerate equitization, divestment, public auction of state assets; coordinate with the Ministry of Natural Resources and Environment to study and appropriately adjust land rent pricing mechanisms; strengthen the direction and implementation of solutions to prevent and fight against smuggling and trade fraud; coordinate with the Ministry of Health and the Ministry of Education and Training to adjust public service pricing in an appropriate roadmap so as not to cause strong impact on inflation.

- The Ministry of Industry and Trade shall lead and coordinate with other relevant ministries, agencies and localities to strengthen trade promotion, search and expand export markets, especially for agricultural commodities; take the fullest advantage of opportunities to expand exports to the markets that have signed free trade agreements with Viet Nam; implement measures to boost export of competitive products; implement measures to control imports in line with Viet Nam’s international commitments; at the same time, analyze and evaluate the causes of export decrease to find appropriate solutions; ensure the food supply-demand balance and design an appropriate rice export plan accordingly; actively promote the implementation of the campaign "The Vietnamese people give priority to using Vietnamese products"; develop and improve distribution networks, retail and consumption systems of domestic products; proactively solve problems related to border trade development; carefully analyze causes and find solutions to recover industrial production growth, especially for processing and manufacturing sectors; strengthen coordination with other relevant ministries and agencies to review and improve institutions for the implementation of the signed international commitments and free trade agreements.

- The Ministry of Construction shall lead and coordinate with other ministries and agencies to review and unify technical construction standards, regulations and norms; direct and guide localities to review construction pricing; strictly control the construction investment process to avoid losses and wastes, and improve work quality and safety; continue to reasonably delegate and decentralize the verification of budget planning and designing of construction projects; continue to implement measures to overcome difficulties, accelerate deployment of investment projects and develop the real estate market, ensure development transparency, openness and safety, meeting demand of the society; and report to the Prime Minister on the implementation progress of housing development programs in accordance with Decision of the Prime Minister and propose solutions to promote effective continuous implementation.

- The Ministry of Agriculture and Rural Development shall lead and coordinate with other ministries, agencies and localities to promote agricultural restructuring associated with building new-style rural areas, focusing on restructuring crops and livestock to increase resilience to climate change, especially in the Central Highlands and the Mekong Delta; develop measures to restore fisheries, aquaculture production and consumption in a number of provinces in the Central Coast with incident of unusual mass fish deaths; actively direct the implementation of solutions to prevent, combat and overcome the consequences of droughts, salinity intrusion and extreme weather phenomena such as thunderstorms, tornados, hail, etc., ensure drinking water supply, stabilize the people's lives and quickly restore production; strengthen communication and guidance of measures to prevent and combat natural disasters and proactively design plans to prevent and cope with natural disasters in both immediate and long terms.

- The Ministry of Transport shall lead and coordinate with the Ministry of Public Security and local authorities to strengthen and direct the implementation of solutions to ensure traffic safety and order, especially in the management of passenger transport vehicles; fortify examination, patrols and strictly handle violations of traffic order and safety; diversify and develop synchronously modes of transportation; improve mechanisms and policies to reinforce the efficiency of management, exploitation and maintenance of transport infrastructure; review, evaluate and publicize investment costs of Build-Operate-Transfer projects, determine the level and duration of charging fees under BOT mechanism; actively implement PPP projects.

- The Ministry of Labor-Invalids and Social Affairs shall lead and coordinate with other ministries, agencies and localities to implement the policies on social security and social welfare; organize the effective implementation of solutions for sustainable poverty reduction, faster poverty reduction in the region of ethnic minorities; have timely policies to support the people to overcome consequences of natural disasters, avoid hunger, thirsty and lack of potable water. Localities shall actively review and coordinate with enterprises to create conditions for housing, improve living conditions for workers and employees.

- The Ministry of Culture, Sports and Tourism shall lead and coordinate with other ministries, agencies and localities to focus on the effective implementation of the Resolution No. 92/NQ-CP dated December 8, 2014 of the Government on a number of measures to promote Viet Nam’s tourism development in the new period; propose solutions to effectively deploy the Resolution No. 102/NQ-CP dated December 31, 2014 issuing the Action Plan of the Government to realize the Resolution No. 33-NQ/TW dated June 9, 2014 of the 11^th Central Committee of the Party on the construction and development of the Vietnamese culture and people to meet sustainable development requirements of the country; have plans to re-organize festivals towards enhancing thrifty and promoting culture where the communities take the leading role; coordinate with the Ministry of the Home Affairs to develop and unify the process to grant and receive awards.

- The Ministry of Science and Technology shall improve the effectiveness of supporting enterprises applying, transferring and innovating technologies as well as policies to promote technology startups; strengthen protection and enforcement of intellectual property rights and strictly handle violations.

- The Ministry of Education and Training shall urgently draft a Directive of the Prime Minister on the organization of the national high school exam in 2016; lead and coordinate with other ministries, agencies and localities to organize the national high school exam and tertiary admission in 2016, especially university admission; have solutions to transform education quality at all levels, especially tertiary and postgraduate education; review and correct doctoral training; coordinate with other relevant ministries and agencies to deploy synchronously solutions to develop high-quality human resources.

- The Ministry of Health shall strengthen the implementation of measures to prevent and control infectious diseases, especially dangerous diseases and epidemics in the summer and diseases due to virus Zika; enhance healthcare management, improve the quality of healthcare, promote socialization of the health sector; take the lead in monitoring and accelerating ministries, agencies and local authorities to strictly implement the Directive of the Prime Minister on enhancing the State management responsibility for food safety; effectively deploy the Program to monitor food safety signed between the Government and the Central Committee of the Viet Nam Fatherland Front.

- The Ministry of Natural Resources and Environment shall direct regular monitoring of marine environment in the Central Coastal provinces with unusual mass fish deaths to provide timely warnings and response measures; coordinate with local authorities to strengthen the inspection, review and evaluation of the compliance of environmental regulations, especially in large-scale industrial zones, factories, and production facilities; lead and coordinate with the Ministry of Public Security to investigate and strictly handle violations on environmental protection; lead and coordinate with the Ministry of Information and Communications to release official test results, guidelines and remedial measures; at the same time, coordinate with other relevant ministries and localities to strictly implement the Notice No. 72/TB-VPCP dated May 2, 2016 on the Conclusions of the Prime Minister at the meeting with the localities affected by the unusual mass fish deaths.

- The Ministry of Justice shall lead and coordinate with other ministries and agencies to focus on institutional development and improvement, especially institutions related to the breakthrough fields and strategies on market development; step up law enforcement monitoring; strengthen law communication and education, especially newly-issued legal documents; coordinate with the Ministry of Planning and Investment to timely remove difficulties and obstacles in the development and submission to the Government for issuance of Decrees detailing the implementation of the Law on Enterprises and Law on Investment, ensuring the effective enforcement from July 1, 2016.

- The Ministry of Home Affairs shall lead and coordinate with other ministries, agencies and localities to actively implement the Public Administration Reform Plan for the 2016 – 2020 period; strictly implement the Resolution No. 39-NQ/TW dated April 17, 2015 of the Political Bureau to downsize and restructure the contingent of cadres, civil servants and public employees; continue to speed up the reform of public duties and strengthen administrative discipline and order.

- The Government Inspectorate shall improve the efficiency of the reception of citizens and settlement of complaints and denunciations, inspect and promptly detect acts of corruption for strict handling as stipulated by law; strengthen inspection and supervision of the implementation of regulations on thrift practice and waste combat; lead and coordinate with other relevant ministries and agencies to review the 10-year implementation of the Law on Anti-corruption, propose amendments and supplements in line with reality; review the implementation of the Law as the foundation for amendment and supplement to Law on Denunciations; lead and coordinate with relevant agencies to develop mechanisms to reasonably coordinate inspection and examination in order to avoid inconvenience to enterprises.

- The Ministry of National Defense, the Ministry of Public Security shall direct forces to closely follow up and monitor the situation and actively implement measures to prevent, combat and timely stop anti-government and provoking activities and other types of crime, ensure national security, social order and safety; enhance coordination between law enforcement forces at sea, protect maritime sovereignty, protect, support and strictly punish fishing activities infringing upon our country’s waters; maintain stable social order and safety, focusing on safeguarding the election of deputies to the 14^th National Assembly and People's Councils at all levels for the 2016-2021 period.

- The Ministry of Foreign Affairs shall effectively implement foreign affairs activities of the Party and State leaders; actively promote and deepen relations with other countries; continue comprehensive and effective deployment of multilateral, economic and cultural diplomacy; strengthen citizen protection; proactively prepare plans to respond to and combat against incidents in the East Sea.

- The Ministry of Information and Communications shall direct the media agencies to coordinate closely with state agencies to promptly provide objective, honest and constructive information, avoiding one-sided information that creates public confusion; enhance the roles and responsibilities of the governing bodies and heads of media and press agencies; strictly handle communication of false news; ensure internet safety. State agencies at all levels shall actively provide information to the press about the socio-economic situation, mechanisms, policies and laws of the State , direction and administration solutions of the Government and the Prime Minister for social consensus; lead and coordinate with ministries, agencies and localities to continue serious implementation of the National Press Development and Management Scheme by 2020.

- Ministries, agencies and localities shall coordinate to organize the election of deputies to the 14^th National Assembly and all-level People's Councils for 2016 – 2021 tenure; review and effectively implement the tasks assigned by the Government and the Prime Minister, overcoming delays or omission of work and tasks; urgently develop and submit proposals stated in the Work Program of the Government and the Prime Minister, especially schemes to be summitted to the Political Bureau, the Secretariat and draft Decrees detailing the implementation of effective laws and ordinances, especially Decrees detailing the implementation of the Law on Investment and the Law on Enterprises; closely and actively cooperate in the direction and implementation of policies and measures on socio-economic management and development.

Ministers, heads of agencies and Chairmen of Provincial People's Committees shall take direct responsibility before the Government and the Prime Minister in: developing and implementing specific plan and roadmap to immediately implement the Resolution No. 19/2016/NQ-CP dated April 28, 2016 and the Resolution of the Government to support and develop Vietnamese enterprises; removing pressing difficulties and obstacles; simplifying and publicizing public administrative procedures; removing inappropriate sublicenses; creating a favorable business and investment environment that facilitate entrepreneurship, creativity freedom, and mobilization of all resources for development; providing specific commitments to reduce administrative procedures and improve the set of indicators so that businesses and citizens could grade authorities; and strictly handle officers and civil servants who have harassment behaviors or try to create difficulties for the people and enterprises.

Within their authority, ministries, agencies and localities shall address recommendations put forward by enterprises and business associations at the recent meeting of the Prime Minister with enterprises, report results to the Prime Minister before June 1, 2016. The Government Office shall coordinate with the Ministry of Planning and Investment and the Viet Nam Chamber of Commerce and Industry to monitor and accelerate the settlement results and report to the Prime Minister.

Ministries and sectors shall coordinate with the Ministry of Home Affairs to consolidate interdisciplinary institutions (name, composition, duties and rules of operation), and report to the Prime Minister.

3. Regarding the draft Resolution of the Government to support and develop Vietnamese enterprises

Ministry of Planning and Investment shall coordinate with the Government Office and other relevant ministries and agencies to collect comments of the Government, continue finalizing the draft Resolution, send it to the Cabinet members for further comments before submitting to the Prime Minister for signing.

4. Regarding the ratification of the Trans-Pacific Partnership (TPP)

The Government approved legal contents of the preliminary report prepared by the Ministry of Justice and the list of legal documents proposed for amendment, supplement and new issuance.

The Ministry of Industry and Trade shall lead and coordinate with the Ministry of Justice, Government Office and relevant ministries and agencies to collect comments from the Cabinet members, complete the Proposal to approve the TPP as stipulated in the 2013 Constitution and the Law on International Treaties in 2016, submit to the Prime Minister.

 On behalf of the Government, the Prime Minister signs the Proposal before submitting to the President to consider and decide the submission of the Proposal to the National Assembly for ratification in the first plenary session of the 14th National Assembly.

The Ministry of Justice shall lead and coordinate with ministries, agencies and provincial People's Committees to continue reviewing the laws required for the implementation of the TPP, propose a specific plan for legislation amendment in accordance with the roadmap and requirements of the TPP. The plan should take into account the approach to promulgate one document amending a number of legal documents. The plan shall be reported to the Government at the regular meeting in December 2016.

5. Regarding the procedures on imported luggage consigned before or after the trip of passengers

For passengers entering without entry/exit declaration certified by the customs authorities, the customs offices shall base on the documents, including certified passport for entry, airplane tickets, bills of lading with sender and recipient of luggage consigned before or after the trip.

Based on the documents presented by the passengers, customs offices perform import procedures for luggage of passengers on entry sent before or after the trip and the luggage shall not be entitled to enjoy duty-free policies as prescribed.

The Ministry of Finance shall provide specific implementation guidelines.

6. Regarding the staff autonomy of public science and technology organizations

The Ministry of Science and Technology shall lead and coordinate with the Government Office to collect comments and complete the draft Decree stipulating the autonomy and self-responsibility mechanism of public science and technology organizations, then submit it to the Prime Minister for issuance.

The Decree should be developed in the following directions: Public science and technology organizations self-cover their recurrent expenditures and investment expenditures; organizations that can self-cover their recurrent expenditures are allowed to decide working positions, staff structure by professional titles and the number of staff in line with their assigned functions and tasks on the basis of guaranteeing job security and income stability for the increased payroll.

The Ministries of Health, Education and Training shall urgently submit draft decrees stipulating the autonomy mechanisms within their management scope based on the above-mentioned directions.

7. Regarding the temporary exemption from penalties of administrative violations as stipulated under Article 35 of the Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government for Vietnamese workers residing and working illegally in the Republic of Korea if they return home voluntarily

The Government unanimously agreed that: Vietnamese workers in the Republic of Korea escaping from work under a contract or illegal staying in the Republic of Korea after the expiration of the labor contract and voluntarily returning home from May 1, 2016 to the end of September 30, 2016 will not have to pay any administrative penalties in accordance with the provisions of Article 35 of the Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on penalties of administrative violations in labor, social insurance and overseas manpower supply by contract.

8. Regarding the handling of the debts and expenditures tracked by the Viet Nam Debt and Asset Trading Corporation (DATC) in external balance sheets within 10-year scope, after settlement as stipulated but remain irrecoverable

The Government unanimously agreed with the proposal of the Ministry of Finance to handle the debts and expenditures tracked by DATC in external balance sheets within 10-year scope after settlement as stipulated but remain irrecoverable. The Ministry of Finance shall provide specific guidelines.

9. Regarding removal of difficulties in business operations of Starprint Viet Nam Ltd.

The Government unanimously agreed to allow Starprint Viet Nam Ltd. to continue its business operations in printing and publication of books for children for export as stipulated in the investment certificates issued in 2007.

10. Regarding the draft decree detailing the implementation of the Law on Promulgation of Legal Documents

The Ministry of Justice shall lead and coordinate with the Government Office, relevant ministries and agencies to collect comments of the Government, to revise and improve the draft Decree which stipultes that Government Office continues assisting the Government in managing Official Gazette and directly publishing and distributing the Official Gazette. The Ministry shall submit the draft decree to the Prime Minister for consideration and signing before May 15, 2016.

Regarding documents detailing laws and ordinances that have expired but have not been timely replaced, the Government unanimously agreed to continue the application if they are not contradictory to the spirit of the newly issued laws and ordinances. At the same time, the Government requests ministers and heads of ministerial-level agencies to mobilize necessary resources to accelerate the drafting and issuance under their authority or submit to the competent authority for issuance of regulatory detailing documents authorized by laws and ordinances before September 30, 2016.

11. Regarding the general orientations to develop the Law on State Compensation Liability (Revised)

In principle, the Government unanimously agreed with the general orientations to amend and supplement the Law on State Compensation Liability proposed by the Ministry of Justice. The principal and comprehensive amendment and supplement of the Law aim to complete the legal framework in accordance with the requirements to develop the rule of law to protect and ensure the rights of citizens in the spirit of the 2013 Constitution; creating a solid legal foundation to overcome legal shortcomings and limitations, promote renovation of State compensation liability. Expansion of the scope of the Law should guarantee alignment with socio-economic development conditions, reform progress of administrative procedures, public services, and jurisdiction, aiming to prevent violations of public officials giving rise to State compensation liability. It is essential to carefully assess, study and propose an appropriate model of State compensation agencies, associated with innovation of allocation and funding mechanism to implement State compensation liability, ensuring centralization, synchronicity, proactiveness and timeliness in compensation settlement and protection of the legitimate rights and interests of citizens.

12. Regarding the Scheme on Government organization structure for the tenure 2016 - 2021

The Ministry of Home Affairs shall lead and coordinate with the Government Office, relevant ministries and agencies to collect comments of the Government, to complete the Scheme on Government organization structure for the tenure 2016-2021, and report to the Governmental Party Commissar Committee./.

ON BEHALF OF THE GOVERNMENT

PRIME MINISTER

(Signed)

Nguyen Xuan Phuc