THE GOVERNMENT
OF VIETNAM |
SOCIALIST
REPUBLIC OF VIETNAM |
No: 139/NQ-CP |
Hanoi, May 17, 2025 |
RESOLUTION
ON THE GOVERNMENT’S PLAN TO IMPLEMENT THE RESOLUTION 198/2025/QH15 DATED MAY 17, 2025 ON CERTAIN SPECIAL MECHANISMS AND POLICIES FOR THE DEVELOPMENT OF PRIVATE ECONOMY
THE GOVERNMENT
Pursuant to Law on Government Organization dated February 18, 2025;
Pursuant to Resolution No. 68-NQ/TW dated May 04, 2025 of the Politburo on the development of the private economy;
Pursuant to Resolution No. 198/2025/QH15 on certain special mechanisms and policies for the development of private economy;
Pursuant to Government’s Decree No. 39/2022/ND-CP dated June 18, 2022 on Working Regulation of the Government of Vietnam;
At the request of the Minister of Finance;
In consideration of the discussion of Government members.
HEREBY RESOLVES:
Article 1. Issued together with this Resolution is the Government’s plan to implement the Resolution 198/2025/QH15 dated May 17, 2025 on certain special mechanisms and policies for the development of private economy (hereinafter referred to as “Plan”).
Article 2. This Resolution comes into forces from the day on which it is signed.
Article 3. Ministers, heads of ministerial agencies, heads of government agencies, Presidents of People's Committees of centrally-affiliated provinces and cities, relevant organizations and individuals shall be responsible for implementing this Resolution./.
|
ON
BEHALF OF THE GOVERNMENT |
PLAN OF THE GOVERNMENT
TO IMPLEMENT THE
RESOLUTION 198/2025/QH15 DATED MAY 17, 2025 ON CERTAIN SPECIAL MECHANISMS AND
POLICIES FOR THE DEVELOPMENT OF PRIVATE ECONOMY
(Enclosed with the Resolution No. 139/NQ-CP dated May 17, 2025 of the
Government of Vietnam)
I. SCOPE
1. Fully, uniformly, and consistently institutionalize and implement mechanisms and policies stipulated in Resolution No. 198/2025/QH15 dated May 17, 2025 of the National Assembly of Vietnam on certain special mechanisms and policies for the development of the private economy (hereinafter referred to as “Resolution No. 198/2025/QH15”)
2. Clearly define specific tasks as a basis for ministries, central and local authorities to organize the implementation, inspection, supervision, and assessment of the implementation of Resolution No. 198/2025/QH15, making the private sector a key driving force of the national economy.
II. SPECIFIC TASKS
To urgently implement Resolution No. 198/2025/QH15, in addition to regular tasks, ministries, central and local authorities shall concretize and resolutely organize the implementation of the following tasks:
1. Improve the business environment, perfect the mechanisms and policies on inspection, examination, licensing, certification, competition, and bankruptcy of enterprises
a) Ministries, central and local authorities shall:
- Before December 31, 2025, complete the review and elimination of unnecessary business conditions, overlapping and conflicting regulations, that hinder development of private enterprises; reduce processing time for administrative procedures by at least 30%, compliance costs by at least 30%, business conditions by at least 30%, and continue to make significant reductions in the following years.
- Apply digital transformation to minimize in processing time for administrative procedures, compliance costs, and business conditions in regulations on market entry, market exit, land, planning, investment, construction, taxes, customs, insurance, intellectual property, standards, regulations, etc. Provide public services for enterprises, household businesses regardless of administrative boundaries.
- Ensure the completion of the objectives and roadmap stipulated in Government’s Resolution No. 66/NQ-CP dated March 26, 2025 on the Program of reducing and streamlining administrative procedures engaged in manufacture and business activities in 2025-2026.
- In 2025 – 2026, urgently review investment conditions for amendments or request competent authorities to decide on amendments in order to shift business conditions from licensing and certification to business condition declaration, enhancing post-inspection efficiency, except for the fields subject to licensing according to regulations and international practices.
- By 2025, establish a separate section on websites to receive, promptly resolve any issues, feedback, and recommendations from the people, enterprises, household businesses.
- Review, classify inspection subjects; eliminate overlapping, repeated, prolonged inspections on the same content or field; the number of inspections at enterprises, household businesses, individual businesses, including interdisciplinary inspections, must not exceed once a year, except in cases of ad hoc inspections when any violation of law is highly suspected.
- For the same state management content, once an inspection has been conducted, there must be no further examinations of enterprises, household businesses, individual businesses in the same year and vice versa, except the cases where a violation of law is suspected.
- Strictly handle any abuses of inspections to disrupt and cause difficulties for enterprises and household businesses.
- Publish inspection plans on websites for enterprises and household businesses to be aware of and cooperate in implementation. Enhance online and remote inspection activities; prioritize inspections based on electronic data to minimize direct inspections.
- Develop and publish tools and solutions on websites and web portals to provide early warnings to enterprises and household businesses about potential legal violations based on integrated management data and warnings from regulatory bodies.
- Direct agencies and units to to take action against counterfeit goods, smuggling, and copyright infringements to protect legal rights and interests of enterprises and household businesses in accordance with the law.
b) By 2025, the Ministry of Public Security shall finalize the draft Decree on elaboration of the Law on Data to enhance data sharing, facilitating online and remote inspections and examinations.
c) Ministry of Finance shall:
- Before December 31, 2026, take charge, cooperate with ministries responsible for sector management to review the list of conditional business lines stipulated in the Law on Investment for researching and reducing unnecessary conditional business lines.
- In 2025-2026, review, amend, and supplement regulations on planning and investment to accurately institutionalize Resolution No. 68-NQ/TW dated May 04, 2025 of the Politburo on private economic development (hereinafter referred to as “Resolution No. 68-NQ/TW).
d) Ministry of Industry and Trade shall:
- Enhance the enforcement of the Law on Competition and relevant guidance documents to ensure a fair, equal, and transparent competitive environment among economic entities; strictly address abuses of dominant positions, monopolies, and unhealthy competition; improve the effectiveness of the National Competition Commission (VCC).
- Review and amend Government’s Decree No. 75/2019/ND-CP dated September 26, 2019 on penalties for administrative violations against regulations on competition: (i) Strictly handle violations against regulations on competition, especially those involving in privileges and monopolies; (ii) Apply mechanisms and sanctions for violations against regulations on fair, equal, and transparent competition among economic entities by 2025.
dd) Ministry of Home Affairs shall:
- Review and complete the Law on Officials and its guiding documents in order to: (i) Specify the responsibilities of officials and heads in handling administrative procedures; (ii) Supplement sanctions for corruptions, personal gains, and disturbances by officials; (iii) Supplement mechanisms to exempt liability for officials who have fully complied with procedures and regulations,
e) Ministry of Justice shall:
- In 2026-2027, review and amend Law on Penalties for Administrative Violations and relevant guiding documents to impose administrative penalties for unfair competition, manipulation, and profiteering.
- Control over regulations of unauthorized business conditions during the assessment of legislative documents.
- Cooperate with the Supreme People's Court, Supreme People's Procuracy to amend Law on Bankruptcy to shorten legal procedures, expand the scope of bankruptcy penalty imposition, promote the application of electronic litigation procedures, and reform asset handling mechanisms.
g) Ministry of Culture, Sports, and Tourism shall:
- Direct media agencies to enhance the quality and effectiveness of propaganda; provide objective, accurate and comprehensive information; promote and spread good models, practices, creativity, and efficiency, encouraging entrepreneurial spirit throughout society.
- Take actions against media agencies, press organizations, organizations and individuals that engage in negative behaviors, disseminate inaccurate information affecting businesses, household businesses, individual businesses, and entrepreneurs; and disclose the handling process;
h) In 2025-2026, the Ministry of Agriculture and Environment shall urgently review, amend, and supplement land laws to fully institutionalizated as prescribed in Resolution No. 68-NQ/TW and Resolution No. 198/2025/QH15.
i) Government Inspectorate:
- In 2025-2026, review and amend Law on Inspection, supplement legal basis for inspections in the electronic environment and online inspection; ensure inspecting each enterprise, household business, individual business (if any) no more than once a year, except in cases of violation detection.
- Review, classify inspection subjects; terminate overlapping, repeated, prolonged inspections on the same content or field; ensure that for the same content of state management, if an inspection for an enterprise, household business, or individual business has been conducted, such content shall not be subject to another audit in the same year, and vice versa, except for the case of violation detection;
- By 2025, publish inspection plans on its website for enterprises and household businesses.
- Strongly implement digital transformation in inspection; promote online, remote inspections; give priority to inspections based on electronic data, reduce direct inspections. Strictly handle acts of abusing inspections to create difficulties for enterprises and household businesses.
2. Handling of violations and resolutions of incidents in business activities
a) By 2025, the Ministry of Public Security shall urgently review and amend Criminal Code, Criminal Procedure Code, cooperate with courts and procuracies at all levels, provide guidance and instructions, thoroughly investigate and handle violations to ensure clear distinction between criminal, administrative, and civil responsibilities; between juridical persons and individuals in handling violations; promptly and effectively handle evidence and assets without affecting the process of proving or resolving cases; promptly rectify damages, put assets into operation and use to mobilize resources for development and loss and waste prevention; ensure the interests of the State of Vietnam, legitimate rights and interests of organizations and individuals; compliance with international treaties to which the Socialist Republic of Vietnam is a signatory stipulated in Article 5 of Resolution No. 198/2025/QH15 and point 2.3, section II of Resolution No. 68-NQ/TW.
b) Ministry of Justice shall:
- Review, amend, supplement the Civil Code and cooperate with relevant authorities to amend, supplement the Civil Procedure Code, Law on Commercial Arbitration, and guiding documents relating to business and commerce in order to: (i) Shorten the time to resolve contract disputes, especially international trade disputes, ensuring quick, fair, objective, and equal resolution; (ii) Supplement mechanisms to strictly deal with delayed performance of contractual payment obligations; (iii) By 2026, effectively protect the ownership rights of tangible and intangible assets of enterprises, household businesses, and individual businesses, reducing legal risks.
- In 2026-2027, review and improve the Law on Penalties for Administrative Violations and guiding documents for imposition of administrative penalties against intellectual property infringements, intellectual property counterfeits, and violations on cyberspace.
c) Ministry of Science and Technology:
- In 2025-2026, improve intellectual property laws and supplement administrative penalties against regulations on intellectual property rights, intellectual property counterfeits, and violations on cyberspace.
- In 2025-2026, upgrade the information technology system to ensure the implementation of the wholly online public services in administrative procedures for establishment of industrial property rights, reduce the time required for intellectual property rights application procedures, ensure compliance with international practices; allocate sufficient resources, improve financial mechanisms for regulatory bodies on intellectual property.
3. Assistance in access to land, business production areas, state-owned house and land rental.
a) Ministry of Agriculture and Environment shall:
- Review and amend the Land Law and guiding documents for implementation and supplements to mechanisms and policies: (i) Control land price fluctuations, especially for land used for production and business, non-agricultural land; (ii) In 2025-2026, assign provinces to allocate land reserve for infrastructure investment in industrial parks, industrial clusters, incubators for high-tech enterprises, small and medium-sized enterprises (SMEs), startups; provide land rent subsidies for the above-mentioned entities.
- By 2025, complete the development of the national land database and connect with the National Data Center and other relevant land databases; promulgate regulations on management, operation, and exploitation of the national land database.
b) Ministry of Finance shall:
- By 2025, review and amend Government’s Decree No. 35/2022/ND-CP dated May 28, 2022 on management of industrial parks and economic zones; supplement mechanisms and policies to assign provinces to allocate a minimum of 20 hectares/industrial park or 5% of the total land fund invested in infrastructure for industrial parks to high-tech enterprises, SMEs, startups for rental purpose.
- By 2025, review and amend Government’s Decree No. 108/2024/ND-CP dated August 23, 2024 on the management and utilization of properties which are public assets not used for residential purposes assigned to local housing management and trading organizations for management and utilization in order to provide guidelines for SMEs, ancillary industry enterprises, startups to rent state-owned houses and lands which have not been used or are not used in provinces.
- By 2025, submit to the Government guidelines on policies for high-tech enterprises in the private sector, SMEs, startups to receive a minimum 30% reduction in land rent for the first 5 years from the date of signing the land lease contract with the infrastructure business investor in industrial parks, industrial clusters, and incubators. Such land rent subsidies shall be provided by the State to the investors stipulated by the Government’s regulations.
- In 2025-2026, review procedural difficulties for delayed or stalled projects nationwide; report to the competent authorities to put to use underutilized land resources, vacant public land and office buildings, and land involved in prolonged disputes or lawsuits.
c) Ministry of Industry and Trade shall:
By 2025, review and amend Government’s Decree No. 32/2024/ND-CP dated May 28, 2022 on management and development of industrial clusters; supplement mechanisms and policies to assign provinces to allocate a minimum of 20 hectares/industrial cluster or 5% of the total land fund invested in infrastructure for industrial clusters to high-tech enterprises, SMEs, startups.
d) Provinces shall:
- Promptly disclose land use planning or plans in provinces; cooperate with political and social organizations to provide assistance for enterprises in site clearance.
- Thoroughly apply digital transformation to provide wholly online public services in administrative procedures for land, reducing the processing time for land lease procedures by at least 30% and issuance of land use certificates to individuals and enterprises.
- Urgently review and reach an agreement with the Ministry of Finance in the leasing of state-owned houses and lands which have not yet been used or are not used in provinces to SMEs, ancillary industry enterprises, startups for production and business purposes.
- In 2025 - 2026, issue a list of state-owned assets for lease and regulations on criteria, amount and form of assistance provision, procedures for leasing of each type of asset; and publish information on the website.
- Allocate local budget on the basis of actual situation and the budget balancing capacity of each province in order to partially provide assistance for the investment costs for building infrastructure systems in industrial parks, industrial clusters, and incubators; issue regulations on principles, criteria, investment support quotas; and determine the invested infrastructure area of industrial parks, industrial clusters, and incubators for high-tech enterprises in the private sector, SMEs, startups for rental and subrental purposes.
- Issue decisions on reduction of land rent for high-tech enterprises in the private sector, SMEs, startups in industrial parks, industrial clusters, and incubators.
4. Financial and credit assistance
a) The State Bank of Vietnam shall
- By 2025, submit to the Government guidelines on policies for a 2% annual interest rate through the commercial banking system for enterprises in the private sector, household businesses, and individual businesses to borrow funds for implementing green and circular projects and applying Environmental, Social, Governance (ESG) standards.
b) Ministry of Finance shall:
- By 2025, submit to the Government guidelines on policies for a 2% annual interest rate through the non-budget state financial funds for enterprises in the private sector, household businesses, and individual businesses to borrow funds for implementing green and circular projects and applying Environmental, Social, Governance (ESG) standards.
- By 2025, review and amend Government’s Decree No. 39/2019/ND-CP dated May 10, 2019 on organization and operation of Small and Medium Enterprise Development Fund and Government’s Decree No. 45/2024/ND-CP dated April 26, 2024 to supplement regulations on: (i) Loans for SMEs; (ii) Entrepreneurship loans; (iii) Initial capital funding for startup projects, incubator projects; (iv) Investment in investment funds in provinces, private investment funds to increase capital supply for SMEs and startups; (v) receipt and management of loans, donations, assistance, contributions, and entrusted capital by organizations and individuals to provide assistance for SMEs.
5. Tax and fee assistance
Ministry of Finance shall:
- By 2025, submit to the Government guidelines for implementing policies on: (i) Corporate income tax exemption for 02 year and 50% reduction of the tax payable for the next 4 years for income from startup activities; fund management companies investing in startup activities, intermediary organizations providing assistance for startup activities; (ii) Exemption of personal income tax and corporate income tax on income from share transfer, capital contribution, capital contribution rights, rights to buy shares and stakes in startups; (iii) Exemption of personal income tax for 2 years and 50% reduction of tax payable for the next 4 years for income from salaries and wages of experts and scientists paid by startups, research and development centers, innovation centers, intermediary organizations providing assistance for startup activities; (iv) Exemption of corporate income tax for SMEs for 3 years from the date of the issuance of the first enterprise registration certificate; (v) Training and retraining costs of large enterprises for SMEs participating in the supply chain which are deductible when calculating corporate income tax.
- Review, amend, supplement or report to competent authorities to amend, supplement relevant legislative documents on abolishment of fixed tax payment by household businesses and individual businesses from January 1, 2026.
6. Priority in contractor selection
By 2025, the Ministry of Finance shall submit to the Government guidelines on policies for construction packages, goods procurement packages, and mixed packages for goods procurement and construction using state budget with a contract package price not exceeding 20 billion VND for SMEs, with priority given to enterprises owned by youth, women, ethnic minorities, people with disabilities, businesses in mountainous, border, and island areas.
7. Assistance in research, development, and application of science, technology, innovation, and digital transformation
Ministry of Finance shall:
- By 2025, submit to the Government guidelines for implementing policies that: (i) allow enterprises to contribute up to 20% of their taxable income to a fund using for the development of science, technology, innovation, and digital transformation within the enterprise; use the fund for self-deployment or outsourcing research and development of science and technology, innovation according to the product-based mechanism; (ii) allow enterprises to use up to 200% of the actual expenses incurred for research and development from their taxable income to determine corporate income tax stipulated by the Government.
- By 2025, provide guidelines on the management and use of the state budget to provide free digital platforms, accounting software for small and micro-enterprises, household businesses, and individual businesses stipulated by the Government.
8. Assistance in enhancing business management capacity and workforce quality
In 2025, the Ministry of Finance shall:
- Develop a proposal and submit it to the Prime Minister to issue a Program for training and retraining of 10.000 CEOs by 2030.
- Develop guidelines and submit them to the Government on provision of free legal aid services, training on business management, accounting, taxation, and human resources for small and micro-enterprises, household businesses, and individual businesses.
9. Commissioning, limited bidding, direct contracting for key and nationally important projects
By 2025, the Ministry of Finance shall send policy guidelines to the Government of Vietnam to: (i) Expand the participation of enterprises in the private economic sector in key projects of significant importance for socio-economic development, nationally important projects applying direct investment method, investment method through public-private partnerships, or cooperative method between the state and private sector as regulated by law; (ii) Authorized individuals, investors may choose to apply one of the forms of Commissioning, limited bidding, direct contracting, or other suitable forms as prescribed by law for strategic sectors, projects, key and nationally important scientific research tasks, high-speed railways, urban railways, foundational industries, cutting-edge industries, energy infrastructure, digital infrastructure, green transportation, national defense and security, and other urgent tasks, ensuring transparency, accountability, quality, progress, efficiency, and responsibility for explanation.
10. Provide assistance and promotion of medium and large enterprises, regional and global private economic groups
a) By 2025, the Ministry of Finance shall prepare and submit a proposal to the Prime Minister to issue a program for developing 1.000 exemplary and pioneering enterprises in science and technology, innovation, digital transformation, green transformation, high-tech industries, and ancillary industries.
b) By 2025, the Ministry of Industry and Trade shall prepare and submit a proposal to the Prime Minister to issue a Go Global program for assistance provision for market, capital, technology, branding, distribution channels, logistics, insurance, consulting, legal aid, dispute resolutions, trade, acquisition, and connections with multinational corporations.
III. IMPLEMENTATION
1. Ministers, Heads of ministerial authorities, Heads of governmental authorities, Chairpersons of the People’s Committees of provinces and central affiliated cities, according to their functions and tasks, shall:
a) Urgently direct the review, amendment, supplementation, and improvement of laws relevant to investment and business to fully institutionalize Resolution No. 68-NQ/TW and Resolution No. 198/2025/QH15.
b) Give priority to allocate sufficient financial and human resources to implement specific tasks in the Plan; regularly inspect, urge, supervise, and ensure the promptly and quality implementation of the objectives, tasks, and solutions in the Plan.
c) Submit an annual report on the implementation of the Resolution to the Ministry of Finance before November 30 for consolidation and report submission to the Government before December 25.
2. Ministers, Heads of ministerial authorities and authorities including: The Ministry of Finance, Ministry of Home Affairs, Ministry of Science and Technology, Ministry of Justice, and the State Bank of Vietnam, in accordance with their functions, tasks, responsibilities, shall take charge and cooperate with relevant agencies in reviewing to promptly supplement and institutionalize the viewpoints, objectives, tasks, and solutions stipulated in Resolution No. 68-NQ/TW into laws and resolutions which have been submitted to the National Assembly for approval at the 9th session of the 15th National Assembly, guided by the Government in Resolution No. 129/NQ-CP dated May 14, 2025; report to competent authorities which have sent official written documents to the National Assembly or the Standing Committee of the National Assembly before May 31, 2025 to promptly supplement, improve, and submit to the National Assembly for approval in accordance with the session agenda.
3. The Ministry of Finance shall take charge and cooperate with other ministries, central and local authorities, organizations, and associations to monitor and urge the implementation of the Plan, promptly send report and proposal on necessary measures to ensure the effective and coordinated implementation of the Plan to the Prime Minister or the Government.
4. If, during implementation, any revisions or supplements to specific contents of the Government’s Plan are deemed necessary, ministries, central and local authorities shall submit proposals to the Ministry of Finance for consolidation and submission to the Government for consideration and decision./.
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