ENTERPRISE WILL BE “CLEARED THE WINDOW” IF THERE IS A NAME
VIOLATIONS OF INDUSTRIAL PROPERTY RIGHTS

The Ministry of Science, Technology and Planning – Investment has just issued a Joint Circular (No. 05/2016) detailing and guiding the handling of infringing business names. From 20-5, enterprises with the name of industrial property rights infringement (SHCN) may be revoked the business registration certificate, according to a joint circular between two ministries. Planning – Investment and Science – technology.

Accordingly, the basis for determining the name of an enterprise infringing an IP right will be implemented in accordance with the law on intellectual property, which is handled by a competent authority or a person competence to sanction administrative violations in the field of IPs for conclusion or decision.

Specifically, when the decision on sanctioning administrative violations applies remedial measures, it is required to change the name of the enterprise or to force the removal of the infringing element in the name. enterprises then carry out one or several measures: (i) Register to change the name of the enterprise; (ii) Announcement in writing about the change of business lines of enterprises to the Business Registration Office.

If the violating enterprise does not terminate the act of using infringing business name on goods, business facilities, service facilities, signboards, delivery papers translated or do not carry out the procedures for registration of changing the name of the infringing enterprise according to the notice of the Business Registration Office or the agreement of the parties … will be subject to measures to force the change of the business name, eliminate weakness Violation factor in the business name.

And, when you have been forced to change your business name, remove the offending element in the name of the business and the business still does not perform it, the Business Registration Office in the place of business Enterprises with infringing names who have their head office will take measures to revoke the business registration certificate.

WILL APPLY PREVENTION IN BUSINESS BANKRUPTCY

The principle of applying a case law in a trial will be done by judges in the process of conducting bankruptcy proceedings.

The Council of Judges of the Supreme Court has just announced a draft Resolution guiding the implementation of some articles of the Bankruptcy Law. Accordingly, the Judge Council clearly explained that the judge conducting bankruptcy procedures must “refer to the previous bankruptcy resolution decision in the same bankruptcy case” (Article 9.14 of the Bankruptcy Law) as follows :

The previous bankruptcy decision in the same bankruptcy case specified in Article 9.14 of the Bankruptcy Law is the decision to settle the bankruptcy case announced as a judgment rate. Specifically, when adjudicating, judges and jurors must study and apply case law to resolve similar cases, ensuring that similar cases and legal events must be resolved equally. .

In case of applying a case law, the number of judgments and decisions of the Court contains case law, nature and circumstances of the same case mentioned in the case law and the nature and details of the case being resolved, legal issues in the case law must be invoked, analyzed and clarified in court judgments and decisions; In case the case judgment is not applied, it must analyze, argue and clearly state the reason in the court’s judgment or decision.

Currently, the Supreme Court has selected the first 29 cases of criminal, civil, commercial, family marriage … but there is no judgment regarding bankruptcy of the business.

According to the Council of Supreme Court Judges, the case law cannot be applied only when there is a change in the situation or changes of the Law or resolutions of the National Assembly or France. Order and Resolution of the Standing Committee of the National Assembly and the Government’s Decree make the case law no longer appropriate. In this case, as a rule, judges and jurors must immediately recommend to the Supreme Court Judges’ Council to consider canceling the case.

It is known that the Bankruptcy Law (2014) came into effect from January 1, 2015 but so far the Supreme Court has just completed the draft Resolution of guidance. enforce a number of provisions on “court settlement jurisdiction”, “refer to previous bankruptcy resolution decisions in the same bankruptcy case”, “apply interim emergency measures”, “Deciding to declare bankruptcy credit institutions” stipulated in some articles of the Bankruptcy Law under its authority.

GOVERNMENT “DISABLED” SERIES OF CONDITIONS
ENTERPRISE

The first regular Government meeting under Prime Minister Nguyen Xuan Phuc takes place on 4 and 5-5 days. Right from the first meeting, the Government had to find ways to solve a lot of great problems, affecting the economy and life.

Face a series of challenges

The April Government regular meeting is not a regular regular meeting.

Since the time of receiving the responsibility of leading the Government a month ago, Prime Minister Nguyen Xuan Phuc and all the members of the Government have regularly met and gathered solve big problems such as handling the situation of drought and salinity in the Mekong Delta, Central Highlands and South Central Coast, dead fish cases and marine environmental crisis in the Central provinces, seeking ways to solve difficulties for the community business …

In this session, the Government focused on discussing the socio-economic situation in April and the first 4 months of the year, continuing to direct the settlement of problems. around the environmental incident in Central Vietnam, approving the Trans-Pacific Partnership Agreement (TPP) before submitting it to the National Assembly for approval.

Besides, the draft Resolution on Enterprise Support was also presented, after the Prime Minister’s meeting with the business community in Ho Chi Minh City on April 29 last.

The government discussed the situation of economic growth in the first quarter of this year which was lower than the same period last year. In the first quarter of 2016, GDP growth was only 5.46% compared to 6.12% in the first quarter of 2015; 4-month inflation increased by 1.33%. It is forecasted that the growth situation in the second quarter of this year will be more challenging than the first quarter due to big problems such as drought and salinity in the Mekong Delta affecting agricultural situation, affecting dead fish in the Central region. to the life of fishermen and seafood exporters …

In response to these challenges, the Prime Minister assigns the Government members to discuss and find solutions to overcome difficulties, ensuring a higher growth target than the first quarter.

Loosen a series of tax and financial policies

Regarding the situation of difficulties for businesses, the problem is to find ways to ensure business rights and a better business environment. After the meeting of the Prime Minister with the business community in Ho Chi Minh City on April 29, the Government assigned the Ministry of Finance to draft a Resolution on business development. This draft resolution is being consulted including tax reduction plans for enterprises such as exemption of corporate income tax in the first year for newly established enterprises, not applying sanctions for enterprises temporarily suspend business (one year).

The Ministry of Finance is expected to continue submitting to the Standing Committee of the National Assembly to amend some articles of the Law on Corporate Income Tax (CIT) by expanding cost reduction. except for businesses in consulting business groups, procedural support, social enterprises, business incubators or start-ups.

At the same time, the Ministry of Finance also studies and amends the regulations on the time for tax payment and tax deduction to CIT, Personal Income Tax (PIT) …

In the area of ​​corporate income tax, it is expected to continue to reduce the tax rate by 2 to 3 percentage points for small businesses, and halve the PIT with labor in one number of scientific and information technology research industries …

However, all three tax laws: the Law on Tax Administration, the Law on CIT and the PIT are all amended at the end of 2014 and 2015, even and many amendments not yet valid. Therefore, with the reforms expected to be implemented, the Government will continue to submit to the Standing Committee of the National Assembly and the National Assembly for revisions to be applicable in practice.

Also in the draft of the Resolution on Enterprise Development, the Ministry of Natural Resources and Environment will be responsible for building a mechanism to support businesses to access land. in industrial parks and clusters by applying flexible land rent payment deadlines to suit the financial capacity of small and medium enterprises.

The draft also provides a policy to allow infrastructure business enterprises in industrial parks and subordinate enterprises below these infrastructure investors to be allowed use land use rights, mortgage bank loans, including long-term capital.

PRIME MINISTER: NO TO LICENSE BONUS
BUSINESS

In the morning of April 25, Prime Minister Nguyen Xuan Phuc chaired the first meeting of the Government Standing Committee with leaders of ministries and branches to solve problems in the implementation of the Enterprise Law. and Investment Law. At the meeting, the Prime Minister promoted the spirit of support, protection of production and business, reducing administrative procedures, improving the business environment.

Create the best conditions for businesses and people

The Prime Minister emphasized the spirit of reform, innovation, creating favorable conditions for production and business, liberating production, supporting and protecting economic rights. business.

“Not to have child licenses, create additional conditions, interfere with business operations,” he said.

In that spirit, the Prime Minister requested the organization of implementing the Investment Law and the Enterprise Law with Resolution 19 of the Government on improving the economic environment. jointly, improve national competitiveness, create the best conditions for people and businesses.

The Prime Minister noted to strengthen the role of the Working Group to implement the Enterprise Law and the Investment Law; cadres and civil servants must promote the spirit of serving people and businesses.

“We have good administrative procedure reforms that officers who are not performing well will hinder development,” Phuc said. “We must have high political determination, these two laws will come to life on time, without legal gaps.”

The Prime Minister has agreed to issue documents detailing and guiding the implementation of these two rules according to the shortened process (using 1 decree to amend many decrees) , resolutely done before July 1, 2016; At the same time, the Ministry of Planning and Investment was assigned to assume the prime responsibility and coordinate with the Government Office and concerned ministries and branches in urgently implementing this decree.

Enterprise Law and Investment Law effective from 1 July 2015 initially bring positive results. The processing time for business registration applications decreased to 2.9 days for establishment registration, 2.7 days for change registration, thereby reducing more than half a million waiting days for businesses

Multiple barriers are difficult to remove

However, according to the report of the Ministry of Planning and Investment, there are still many difficulties and problems arising in the implementation of the Enterprise Law and Investment Law, such as incompatibility and mismatch between the provisions of the Investment Law and a number of other relevant legal documents and legal documents in the implementation of investment procedures; has not yet issued conditions for business investment for 15/16 conditional business investment sectors; problems arising in the implementation of procedures, professional approval of guidelines, registration of investment projects and business registration.

According to the statistics of the Working Group implementing the Enterprise Law and Investment Law, there are still more than 6,000 “plugging” business conditions in sub-law documents. .

From July 1, 2016, business conditions that are not upgraded to a Decree issued by the Government will have to be disabled. However, this is a huge challenge.

In the report sent to the Chamber of Commerce and Industry of Vietnam that Saigon Economic Times Online has access, many local business associations have complained on the implementation of two corporate and investment laws.

Vinh Phuc Business Association complains about granting investment licenses. According to the old procedure, the Management Board of Industrial Zones granted the Investment License, including the Business Registration section. After having the Enterprise Law and the Investment Law, the business registration is required through the Department of Planning and Investment; then came to the Management Board of Industrial Zones to grant Investment License. When investing more or expanding the factory must do so.

The Association thinks that this process lays more doors and takes time for businesses. “Many FDI enterprises have proposed to amend this point of the Enterprise Law,” said Vinh Phuc Business Association report.

Meanwhile, An Giang Business Association complained that the application of investment procedures through state management agencies was still slow. After completing the land procedures, the dossiers and procedures to prepare for construction such as environmental impact assessment reports, fire protection, construction permits … take time over 4 month, losing business opportunities.

Ho Chi Minh City: EVERY DAY WITH 100 LATE ENTERPRISES

From the beginning of the year to April 15, there were 10,450 new enterprises registered in Ho Chi Minh City. On average, 100 businesses enter the market every day. Among 10,450 registered enterprises, there are more than 8,000 units operating in the trade – service sector

The registered capital of enterprises is also recorded to increase significantly, to 82.3% over the same period (with a total capital of VND 81.506 billion). In particular, the capital into the agriculture, forestry and fishery and trade and services sectors doubled over the same period, although the number of businesses increased by only 26-28%. This number has 225 private enterprises; 1,186 joint stock companies; 9,038 limited companies; and nearly 80% of these startups operate in the service sector.

However, in the opposite direction, the number of businesses that stop working is still high. The Bureau of Statistics cited a tax agency report saying that in the first 3 months of the year, 7,594 businesses stopped operating. This figure at the same period last year (recorded in the April 2015 report) is 3,295 businesses.

Increased personal income tax revenue

According to the HCM City Statistics Department, in 4 months, the state budget has collected VND 9,591 billion in personal income tax. This is a very significant number and an increase of over 1,300 billion compared to the same period last year.

This number, as commented by representatives of tax authorities, shows that people’s income has been improved.

This personal income tax revenue contributes significantly to 4-month domestic revenue (estimated at VND 65,377 billion, up 15.5% over the same period and reached 36.8% of the estimate).

Statistics also noted that revenues from non-state economic sectors and foreign investment increased. In particular, revenues from non-state sector reached 17,434 billion VND, up 30.5% over the same period, and revenues from foreign investment sector reached 17,610 billion VND, up 16.5%.

Source: TheSaigontimes.vn

ENTERPRISE WILL BE “CLEARED THE WINDOW” IF THERE IS A NAME
VIOLATIONS OF INDUSTRIAL PROPERTY RIGHTS

The Ministry of Science, Technology and Planning – Investment has just issued a Joint Circular (No. 05/2016) detailing and guiding the handling of infringing business names. From 20-5, enterprises with the name of industrial property rights infringement (SHCN) may be revoked the business registration certificate, according to a joint circular between two ministries. Planning – Investment and Science – technology.

Accordingly, the basis for determining the name of an enterprise infringing an IP right will be implemented in accordance with the law on intellectual property, which is handled by a competent authority or a person competence to sanction administrative violations in the field of IPs for conclusion or decision.

Specifically, when the decision on sanctioning administrative violations applies remedial measures, it is required to change the name of the enterprise or to force the removal of the infringing element in the name. enterprises then carry out one or several measures: (i) Register to change the name of the enterprise; (ii) Announcement in writing about the change of business lines of enterprises to the Business Registration Office.

If the violating enterprise does not terminate the act of using infringing business name on goods, business facilities, service facilities, signboards, delivery papers translated or do not carry out the procedures for registration of changing the name of the infringing enterprise according to the notice of the Business Registration Office or the agreement of the parties … will be subject to measures to force the change of the business name, eliminate weakness Violation factor in the business name.

And, when you have been forced to change your business name, remove the offending element in the name of the business and the business still does not perform it, the Business Registration Office in the place of business Enterprises with infringing names who have their head office will take measures to revoke the business registration certificate.

WILL APPLY PREVENTION IN BUSINESS BANKRUPTCY

The principle of applying a case law in a trial will be done by judges in the process of conducting bankruptcy proceedings.

The Council of Judges of the Supreme Court has just announced a draft Resolution guiding the implementation of some articles of the Bankruptcy Law. Accordingly, the Judge Council clearly explained that the judge conducting bankruptcy procedures must “refer to the previous bankruptcy resolution decision in the same bankruptcy case” (Article 9.14 of the Bankruptcy Law) as follows :

The previous bankruptcy decision in the same bankruptcy case specified in Article 9.14 of the Bankruptcy Law is the decision to settle the bankruptcy case announced as a judgment rate. Specifically, when adjudicating, judges and jurors must study and apply case law to resolve similar cases, ensuring that similar cases and legal events must be resolved equally. .

In case of applying a case law, the number of judgments and decisions of the Court contains case law, nature and circumstances of the same case mentioned in the case law and the nature and details of the case being resolved, legal issues in the case law must be invoked, analyzed and clarified in court judgments and decisions; In case the case judgment is not applied, it must analyze, argue and clearly state the reason in the court’s judgment or decision.

Currently, the Supreme Court has selected the first 29 cases of criminal, civil, commercial, family marriage … but there is no judgment regarding bankruptcy of the business.

According to the Council of Supreme Court Judges, the case law cannot be applied only when there is a change in the situation or changes of the Law or resolutions of the National Assembly or France. Order and Resolution of the Standing Committee of the National Assembly and the Government’s Decree make the case law no longer appropriate. In this case, as a rule, judges and jurors must immediately recommend to the Supreme Court Judges’ Council to consider canceling the case.

It is known that the Bankruptcy Law (2014) came into effect from January 1, 2015 but so far the Supreme Court has just completed the draft Resolution of guidance. enforce a number of provisions on “court settlement jurisdiction”, “refer to previous bankruptcy resolution decisions in the same bankruptcy case”, “apply interim emergency measures”, “Deciding to declare bankruptcy credit institutions” stipulated in some articles of the Bankruptcy Law under its authority.

GOVERNMENT “DISABLED” SERIES OF CONDITIONS
ENTERPRISE

The first regular Government meeting under Prime Minister Nguyen Xuan Phuc takes place on 4 and 5-5 days. Right from the first meeting, the Government had to find ways to solve a lot of great problems, affecting the economy and life.

Face a series of challenges

The April Government regular meeting is not a regular regular meeting.

Since the time of receiving the responsibility of leading the Government a month ago, Prime Minister Nguyen Xuan Phuc and all the members of the Government have regularly met and gathered solve big problems such as handling the situation of drought and salinity in the Mekong Delta, Central Highlands and South Central Coast, dead fish cases and marine environmental crisis in the Central provinces, seeking ways to solve difficulties for the community business …

In this session, the Government focused on discussing the socio-economic situation in April and the first 4 months of the year, continuing to direct the settlement of problems. around the environmental incident in Central Vietnam, approving the Trans-Pacific Partnership Agreement (TPP) before submitting it to the National Assembly for approval.

Besides, the draft Resolution on Enterprise Support was also presented, after the Prime Minister’s meeting with the business community in Ho Chi Minh City on April 29 last.

The government discussed the situation of economic growth in the first quarter of this year which was lower than the same period last year. In the first quarter of 2016, GDP growth was only 5.46% compared to 6.12% in the first quarter of 2015; 4-month inflation increased by 1.33%. It is forecasted that the growth situation in the second quarter of this year will be more challenging than the first quarter due to big problems such as drought and salinity in the Mekong Delta affecting agricultural situation, affecting dead fish in the Central region. to the life of fishermen and seafood exporters …

In response to these challenges, the Prime Minister assigns the Government members to discuss and find solutions to overcome difficulties, ensuring a higher growth target than the first quarter.

Loosen a series of tax and financial policies

Regarding the situation of difficulties for businesses, the problem is to find ways to ensure business rights and a better business environment. After the meeting of the Prime Minister with the business community in Ho Chi Minh City on April 29, the Government assigned the Ministry of Finance to draft a Resolution on business development. This draft resolution is being consulted including tax reduction plans for enterprises such as exemption of corporate income tax in the first year for newly established enterprises, not applying sanctions for enterprises temporarily suspend business (one year).

The Ministry of Finance is expected to continue submitting to the Standing Committee of the National Assembly to amend some articles of the Law on Corporate Income Tax (CIT) by expanding cost reduction. except for businesses in consulting business groups, procedural support, social enterprises, business incubators or start-ups.

At the same time, the Ministry of Finance also studies and amends the regulations on the time for tax payment and tax deduction to CIT, Personal Income Tax (PIT) …

In the area of ​​corporate income tax, it is expected to continue to reduce the tax rate by 2 to 3 percentage points for small businesses, and halve the PIT with labor in one number of scientific and information technology research industries …

However, all three tax laws: the Law on Tax Administration, the Law on CIT and the PIT are all amended at the end of 2014 and 2015, even and many amendments not yet valid. Therefore, with the reforms expected to be implemented, the Government will continue to submit to the Standing Committee of the National Assembly and the National Assembly for revisions to be applicable in practice.

Also in the draft of the Resolution on Enterprise Development, the Ministry of Natural Resources and Environment will be responsible for building a mechanism to support businesses to access land. in industrial parks and clusters by applying flexible land rent payment deadlines to suit the financial capacity of small and medium enterprises.

The draft also provides a policy to allow infrastructure business enterprises in industrial parks and subordinate enterprises below these infrastructure investors to be allowed use land use rights, mortgage bank loans, including long-term capital.

PRIME MINISTER: NO TO LICENSE BONUS
BUSINESS

In the morning of April 25, Prime Minister Nguyen Xuan Phuc chaired the first meeting of the Government Standing Committee with leaders of ministries and branches to solve problems in the implementation of the Enterprise Law. and Investment Law. At the meeting, the Prime Minister promoted the spirit of support, protection of production and business, reducing administrative procedures, improving the business environment.

Create the best conditions for businesses and people

The Prime Minister emphasized the spirit of reform, innovation, creating favorable conditions for production and business, liberating production, supporting and protecting economic rights. business.

“Not to have child licenses, create additional conditions, interfere with business operations,” he said.

In that spirit, the Prime Minister requested the organization of implementing the Investment Law and the Enterprise Law with Resolution 19 of the Government on improving the economic environment. jointly, improve national competitiveness, create the best conditions for people and businesses.

The Prime Minister noted to strengthen the role of the Working Group to implement the Enterprise Law and the Investment Law; cadres and civil servants must promote the spirit of serving people and businesses.

“We have good administrative procedure reforms that officers who are not performing well will hinder development,” Phuc said. “We must have high political determination, these two laws will come to life on time, without legal gaps.”

The Prime Minister has agreed to issue documents detailing and guiding the implementation of these two rules according to the shortened process (using 1 decree to amend many decrees) , resolutely done before July 1, 2016; At the same time, the Ministry of Planning and Investment was assigned to assume the prime responsibility and coordinate with the Government Office and concerned ministries and branches in urgently implementing this decree.

Enterprise Law and Investment Law effective from 1 July 2015 initially bring positive results. The processing time for business registration applications decreased to 2.9 days for establishment registration, 2.7 days for change registration, thereby reducing more than half a million waiting days for businesses.

Multiple barriers are difficult to remove

However, according to the report of the Ministry of Planning and Investment, there are still many difficulties and problems arising in the implementation of the Enterprise Law and Investment Law, such as incompatibility and mismatch between the provisions of the Investment Law and a number of other relevant legal documents and legal documents in the implementation of investment procedures; has not yet issued conditions for business investment for 15/16 conditional business investment sectors; problems arising in the implementation of procedures, professional approval of guidelines, registration of investment projects and business registration.

According to the statistics of the Working Group implementing the Enterprise Law and Investment Law, there are still more than 6,000 “plugging” business conditions in sub-law documents. .

From July 1, 2016, business conditions that are not upgraded to a Decree issued by the Government will have to be disabled. However, this is a huge challenge.

In the report sent to the Chamber of Commerce and Industry of Vietnam that Saigon Economic Times Online has access, many local business associations have complained on the implementation of two corporate and investment laws.

Vinh Phuc Business Association complains about granting investment licenses. According to the old procedure, the Management Board of Industrial Zones granted the Investment License, including the Business Registration section. After having the Enterprise Law and the Investment Law, the business registration is required through the Department of Planning and Investment; then came to the Management Board of Industrial Zones to grant Investment License. When investing more or expanding the factory must do so.

The Association thinks that this process lays more doors and takes time for businesses. “Many FDI enterprises have proposed to amend this point of the Enterprise Law,” said Vinh Phuc Business Association report.

Meanwhile, An Giang Business Association complained that the application of investment procedures through state management agencies was still slow. After completing the land procedures, the dossiers and procedures to prepare for construction such as environmental impact assessment reports, fire protection, construction permits … take time over 4 month, losing business opportunities.

Ho Chi Minh City: EVERY DAY WITH 100 LATE ENTERPRISES

From the beginning of the year to April 15, there were 10,450 new enterprises registered in Ho Chi Minh City. On average, 100 businesses enter the market every day. Among 10,450 registered enterprises, there are more than 8,000 units operating in the trade – service sector

The registered capital of enterprises is also recorded to increase significantly, to 82.3% over the same period (with a total capital of VND 81.506 billion). In particular, the capital into the agriculture, forestry and fishery and trade and services sectors doubled over the same period, although the number of businesses increased by only 26-28%. This number has 225 private enterprises; 1,186 joint stock companies; 9,038 limited companies; and nearly 80% of these startups operate in the service sector.

However, in the opposite direction, the number of businesses that stop working is still high. The Bureau of Statistics cited a tax agency report saying that in the first 3 months of the year, 7,594 businesses stopped operating. This figure at the same period last year (recorded in the April 2015 report) is 3,295 businesses.

Increased personal income tax revenue

According to the HCM City Statistics Department, in 4 months, the state budget has collected VND 9,591 billion in personal income tax. This is a very significant number and an increase of over 1,300 billion compared to the same period last year.

This number, as commented by representatives of tax authorities, shows that people’s income has been improved.

This personal income tax revenue contributes significantly to 4-month domestic revenue (estimated at VND 65,377 billion, up 15.5% over the same period and reached 36.8% of the estimate).

Statistics also noted that revenues from non-state economic sectors and foreign investment increased. In particular, revenues from non-state sector reached 17,434 billion VND, up 30.5% over the same period, and revenues from foreign investment sector reached 17,610 billion VND, up 16.5%.

Source: TheSaigontimes.vn