End similar incidents to Xin Chao coffee
10 years ago, the case related to the cafe hello in Binh Chanh district, Ho Chi Minh City caused a stir in the public opinion. In September 2015, Mr. Nguyen Van Tan - the owner of the coffee shop hello - was prosecuted by the district police, prosecuted the accused for illegal business and ordered the ban from leaving the residence. The decision to prosecute was approved by the People's Committee of Binh Chanh district. In April 2016, the People's Court of Binh Chanh plans to bring Mr. Nguyen Van Tan to trial "illegal business". However, when the press entered and the intervention of the authorities, the case had to suspend. Many officials in Binh Chanh district handle this case disciplined.
Speaking about this incident, at the conference summarizing the Ho Chi Minh City People's Procuracy in 2017, Chief Justice of the Supreme People's Court Le Minh Tri (then Chief Prosecutor of the People's Procuracy) was very frank: "Puring the owner of Xin Chao coffee shop is a profound lesson, blood and blood experience; we must respect people and respect the principle of presumption of innocence, more important than witness".
This is also a typical case of "criminalising economic relations" and on May 16, 2016, the Government issued Resolution 35/NQ-CP on supporting and developing enterprises by 2020, which clearly stated in the principle section: "Do not criticize economic and civil relations, and strictly handle all violations of the law".
Until Resolution No. 41-NQ/TW dated October 10, 2023 of the Politburo on "building and promoting the role of Vietnamese entrepreneurs in the new era" the issue of not legalizing economic relations was mentioned, but only stopped at the policy level.
Realizing economic relations is one of the top concerns of entrepreneurs and businesses. Because this not only hinders business development opportunities but also risks pushing business owners into the dark circle, leading to wrongful convictions.
In fact, legal regulations are gradually concretizing the view of not legalizing economic relations. For example, the crime of "illegal trading" in Article 159 has been removed from the 2015 Penal Code. Accordingly, criminal proceedings will not be imposed for business without business registration, business that is not in accordance with the registered content or business without a separate license in cases where the law requires a license.
However, there are still many other binding regulations that have not created a truly open way for businesses and entrepreneurs to boldly do business in the spirit of Article 33 of the 2013 Constitution: "Everyone has the right to freedom to do business in industries that are not prohibited by law".
Resolution 68 needs to be quickly institutionalized
For the first time, the Politburo issued a resolution detailing many issues related to the development of a mechanism and policy to combat the institutionalization of civil and economic relations; creating conditions for the healthy and sustainable development of businesses and the investment environment, especially the private economy.
Resolution 68-NQ/TW dated May 4, 2025 of the Politburo on private economic development sets out breakthrough rules. It gave the viewpoint: "Promptly build and perfect laws and breakthrough mechanisms and policies to encourage the development of the private economy".
In this Resolution, the content "Compliance with the principle of clearly defining criminal responsibility with administrative and civilians; between legal entities and individuals in handling violations" is paid special attention by the business community. They are: “Amending the provisions on criminal law, civil, criminal proceedings and civil proceedings to ensure the principles when handling violations and cases of civilian civilism, prioritizing the application of civil, economic and administrative measures in advance, allowing businesses and entrepreneurs to actively overcome violations and damage.
In cases where criminal proceedings are at the level of criminal proceedings, priority will be given to measures to remedy economic consequences first and will be an important basis for considering further handling measures. Not reciting legal regulations to handle disadvantages for businesses. For cases lacking evidence and unclear evidence, conclusions must be reached soon, to avoid affecting the reputation and normal production and business activities of enterprises and entrepreneurs. Ensure the principle of presumption of innocence in the investigation and trial of cases.
The viewpoint "In case of practical application of the law may lead to criminal handling or non -criminal handling, it is determined not to apply criminal handling" as a profound inheritance of Circular 556 issued December 1958: "Prosecutive agencies, police, courts must be in accordance with the law and follow the principle: the person who is worth the arrest is arrest; But in Resolution 68, clarifying cases and concepts "Enterprises and entrepreneurs are proactive in overcoming violations and damage"; "No legal accommodation to handle disadvantages for businesses" and "ensure the principle of innocent speculation in the process of investigating and adjudicating cases" is a great breakthrough in thinking.
Speaking to Lao Dong, National Assembly Delegate Pham Van Hoa (Dong Thap delegation) said: "Not institutionalizing economic relations" is a very clear message of the Party so that the business community and entrepreneurs can be confident in the path they have chosen. Because wrongful judgments, legalizations of administrative relations, and legalizations of economic relations destroy people and businesses' trust in the country's order and fairness, causing wrongful judgments and great losses to businesses.
Delegate Pham Van Hoa emphasized the need to continue to improve institutions, reform administrative procedures, create conditions and an open investment and business environment. That is the most effective measure to support the "survival" of businesses and entrepreneurs.
Resolution 68 needs to be quickly institutionalized and seriously implemented, the private economy will break through, becoming an important driving force for the country.
At the Government's Standing Meeting on drafting the Resolution of the National Assembly on a number of specific mechanisms and policies on private economic development on July 7, 2025, Member of the Politburo and Prime Minister Pham Minh Chinh emphasized that so that people and businesses can be assured of investment, production and business, need to concretize the content in Resolution 68 on "comply with the principle of clearing the personality of the civilian and civil liability in the administrative and civil responsibilities" Ensuring the principle of handling violations and cases of civil economy, prioritizing the application of civil, economic and administrative measures first, allowing businesses and entrepreneurs to proactively overcome violations and damage.
According to the Prime Minister, in cases where the practical application of the law may lead to criminal proceedings or not criminal proceedings, criminal proceedings will be resolutely not applied; in cases where criminal proceedings are at the level of criminal proceedings, priority will be given to measures to remedy economic consequences first and is an important basis for considering further handling measures.
