Previously, VCCI’s report “Overlapping the law on business investment” pointed out the overlap and contradiction between the regulations concentrated mainly in 15 laws including the Investment Law 2014, the Law on Land 2013, the Law on Construction 2014, the Law on Housing 2014, the Law on Real Estate Business 2014.
The most contradictory and overlapping related to investment conditions, order and procedures, concentrated in the laws on investment, land, construction, real estate business, housing, minerals, environmental protection, water resources.
For example, the licensing conditions have not been agreed, it is unclear which procedures to carry out first, which of the following procedures, not yet agreed on the licensing competence (two or more different agencies are competent to issue a type of license) and overlapping when carrying out administrative procedures (many state management agencies together appraise and appraise , reviewing an issue).
“The overlap creates great risks for businesses, especially limited freedom of business. For example, in this legal document, these goods and services can be produced and traded by the enterprise, but in other legal documents, they become goods and services banned from business. This means that the business operation of the enterprise will turn from legal to violation, depending on which legal documents are applied ”, stated the report of VCCI.
In addition, when reviewing vcci business legal documents, it is also found that the overlap between “general law” and “own law”, “specialized law” is quite a lot. Specifically, the Investment Law is considered a “general law” in the law on investment. The Law provides for the dossiers and procedures for investment of investment projects and there are no provisions in the direction of other laws that may provide for more dossiers and procedures for investment. This is understood as the dossier and order of investment procedures in all investment projects of different fields (subject to investment procedures) must carry out dossiers, order and procedures under the Investment Law. However, some other “specialized laws” require more documents in the dossier of implementation of investment procedures or requirements for implementation of investment procedures for projects in accordance with the Investment Law are not required to carry out any procedures.
Meanwhile, the principle of applying laws under the Law on the Promulgation of Legal Documents is applied according to the time of promulgation. If a legal document has the same legal effect, the later promulgated document will prevail without the concept of “general law”, “private law”, “specialized law”. According to VCCI, this may make later legal documents prevail over previous legal documents. This fact makes the legal business system inconsistent and changeable.
Dr. Nguyen Si Dung, former Deputy Director of the National Assembly Office, said that overlapping laws make state agencies paralyzed, civil servants want to harass very easily, “when you are favorable, you think it is right, but when If you want to make it difficult, make another law more difficult “.
Mr. Dung recommended: “It is necessary to correct the law-making process so that the legal flow is compatible, supporting the flow of life. Should not make laws just for me, we have to make laws to handle the problems of life, where the congestion must be handled there ”.
Agreeing, Mr. Dong Ngoc Ba, Director of the Inspection Department of Legal Documents, the Ministry of Justice also said that in addition to reviewing the flow of business law at the central level, it is necessary to review documents by local authorities. On average, each province issues 450 documents and this figure at district level is around 20.
In recent years, the Government has instructed the working group to review legal documents to review about 8,700 legal documents at the central level, discovering 75 groups of issues, of which 15 are problems are overlapping, 60 issues are not suitable with practical evaluation point of view.
Source: ndh.vn – Translated by fintel.vn