The above information was stated by Chairman of the National Assembly's Economic and Financial Committee Phan Van Mai in a report on the review of the draft Law amending and supplementing a number of articles of the Law on Enterprises, on the morning of May 9.
Chairman Phan Van Mai said that the proposed amendments and supplements in the draft law are in line with the Party's policies and guidelines on developing the private economy to become an important driving force for the economy.
The draft law has provisions in the direction of reducing administrative procedures, strongly applying science and technology in state management of enterprises, meeting the goal of reforming the investment and business environment.
Repeat the regulation on the registration of business establishments must submit a Judicial Record to the business registration agency; abolish the two contents of regulations on organizations and individuals having the right to choose to use digital signatures and regulations on the content of business registration accounts.
The draft law amends the provisions at Point b, Clause 2 and Point b, Clause 3, Article 17 of the Law on Enterprises, adding cases where civil servants working at public higher education institutions have the right to contribute capital to enterprises established by or participating in the establishment of those institutions to commercialize research results created by those institutions.
Accordingly, cadres, civil servants and public employees, except for cadres working at public higher education institutions, are allowed to participate in managing and operating enterprises established by those institutions or participate in the establishment of them to commercialize research results created by those institutions.
In case the civil servant is an employee, he/she must have the consent of the head of a public higher education institution; in case the management civil servant is the head of a public higher education institution, he/she must have the consent of the direct superior.
According to Chairman Phan Van Mai, reiterating this regulation in the Business Law is both unnecessary and poses a potential risk of not ensuring consistency between the draft laws submitted to the National Assembly for approval at the 9th Session, and the relationship between the laws is not clear.
Currently, these documents also have inconsistent regulations on the subjects of civil servants established, participating in management, operation, and working at enterprises.
The Economic and Financial Committee proposes that the Government direct the review of the Law on Civil Servants to ensure the consistency and synchronization of the legal system.
It is recommended to review and clarify whether there are cases of termination of business in conditional business lines, sectors and professions accessing conditional markets for foreign investors when discovering that enterprises do not meet the corresponding conditions according to the provisions of law; enterprises are suspended from operation, terminated business in one, a number of sectors and professions or in a number of areas according to the Court's decision.
Consider the need to regulate legal status including not operating at registered addresses, especially in the current context of digital transformation and the development of new business forms.
Study and supplement the regulation assigning the Government to specify in detail the "legal status of enterprises" in accordance with the detailed regulation of the content of the legal status in legal documents under law.
