End the situation of overlapping, overlapping, and prolonged inspection and examination
The Politburo has just issued Resolution No. 68-NQ/TW dated May 4, 2025 on private economic development.
Resolution 68-NQ/TW outlines many groups of tasks and solutions for private economic development, including a group of tasks to ensure and effectively protect ownership rights, freedom of business, property rights, equal competition rights and ensure contract performance of the private economy.
In particular, perfecting the legal system for contract implementation, resolving disputes in the fields of business and trade, shortening the time to resolve contract disputes.
There is a special mechanism to handle projects and contracts that have been backlogged for many years, causing loss and waste of social resources, hindering the development of private enterprises, in parallel with determining the roles and responsibilities of relevant agencies, organizations, units and individuals according to the provisions of law; ending the situation where state agencies and state-owned enterprises are slow to fulfill payment obligations according to contracts signed with private enterprises.
Strengthen the transparency, effectiveness and efficiency of economic courts and commercial arbitration in handling international trade disputes to ensure speed, fairness, objectivity and equality.
Review, improve and effectively implement legal regulations on property ownership protection, including intellectual property rights and intangible assets; minimize legal risks. There are policies to support domestic intellectual property valuation and protection; support and encourage private enterprises to register intellectual property rights abroad and international organizations.
There are strict sanctions for violations of intellectual property, especially violations in the space of e-commerce. Ensure online implementation of the entire process of establishing industrial property rights, minimize the time to carry out procedures requiring the granting of intellectual property rights, ensuring compliance with international practices.
End the situation of overlapping, overlapping, prolonged and unnecessary inspections and checks; ensure the principle of only conducting inspections and checks once a year for enterprises, except in cases where there is clear evidence of violations by enterprises; strictly handle acts of abusing inspections and checks to harass and cause difficulties for enterprises. Build a data system and artificial intelligence tools to warn early about the risks of law violations.
Strongly apply digital transformation in inspection, examination and auditing activities. Deploy online inspection and control, prioritize remote inspection and control based on electronic data, reduce direct inspection and control. Free on-site inspection of enterprises that comply with legal regulations.
Clearly defining criminal liability for administrative and civil matters
The Politburo's Resolution also mentioned compliance with the principle of clearly defining criminal liability for administrative and civil matters; between legal entities and individuals in handling violations.
Accordingly, the Resolution clearly states the amendment of regulations on criminal and civil law, criminal proceedings, and civil proceedings to ensure principles when handling violations and cases related to socio-economic issues, prioritizing the application of civil, economic, and administrative measures first, allowing businesses and entrepreneurs to proactively overcome violations and damages.
In cases where the practical application of the law may lead to criminal proceedings or not criminal proceedings, the decision is not to apply criminal proceedings. 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 Resolution also stated the task of ensuring the sealing, distraint of custody and blockade of assets related to the case and the case must be in accordance with the competence, order, procedure, scope, and not infringing upon the legitimate rights and interests of individuals and organizations; Ensuring the value of sealing, distraining, detaining and blocking corresponding to the expected consequences of damage in the case.
Clearly distinguishing assets formed with property obtained from violations of law and other assets related to the case; between property, rights and obligations of individuals of individual managers in the business. Allowing rational use of necessary measures to ensure the value of assets related to the case, minimize the impact of surveys on production and business activities, after the consistent opinions of the proceeding agencies and do not affect the investigation activities.
