Nghị quyết 10/2005/NQ-CP

RESOLUTION

THE GOVERNMENT'S REGULAR MEETING - AUGUST 2005

On August 30-31, 2005, the Government held its regular meeting for August 2005 to discuss and decide on the following issues:

1. The Government discussed its schedule of building bills and draft ordinances in 2006 submitted by the Minister of Justice.

The building and issuance of laws and ordinances have been improved over the past years. The Government, ministries and sectors have much effort in directing, supervising and speeding up the drafting of laws and ordinances to submit to the National Assembly, the Standing Committee of the National Assembly for consideration and issuance, institutionalizing timely guidelines and policies of the Party ans State on building a law-ruled State, socialist-oriented market economy, protecting people's rights of freedom and democracy; satisfying negotiation requirements of Vietnam's accession to WTO and international economic integration. The majority of official documents stipulating and instructing the implementation of laws and ordinances has been released timely and effectively.

However, the quality of some bills and ordinances is still not high; the co-ordination among Governmental agencies during the time of building laws and ordinances is weak. Many documents stipulating and instructing the implementation of laws and ordinances have not been released timely and effectively. Hence, it is necessary to inspect, speed up and renew the process of building legal normative documents, choose the right urgent issues of life, define clear guideline, gather good experts and refer to the opinions lated to document implimentation during the time of drafting. The Cabinet members have responsibility and have to direct the building of draft laws, ordinances and documents stipulating and instructing the implementation of laws and ordinances.

The Ministry of Justice was entrusted to direct and co-ordinate with the Government Office, the Prime Minister's Board of Researchers to collect opinions in the meeting in order to complete the program of draft law and ordinance building in 2006, then submit to the Prime Minister for consideration and decision before submitting to the Party Central Committee.

2. The Government listened to the Minister-Head of the Committee for Population, Family and Children presenting the draft Action Program of the Government on implementing Resolution No. 47/NQ-TW dated on March 22, 2005 by the Politburo on continuing the current policy of population and family planning.

The Action Program shows specific responsibility sharing and overall co-ordination between Governmental agencies, People's Committees at all levels, Vietnam Fatherland Front and mass organizations in realizing the policy of population and family planning. The major solutions in the coming time include promoting communication and education of people to perform self-consciously the policy of population and family planning; consolidating staff organization and machinery for population, family and children work at all levels; expanding and raising the quality of family planning services, taking care of reproductive health; improving the system of laws and policies with the aim of encouraging all people to perform the population and family planning policy. Each couple should have only 1-2 children.

The Committee for Population, Family and Children was assigned to to direct and co-ordinate with the Ministry of Internal Affairs, the Government Office and relevant agencies to sum up opinions in the meeting; specify the duties of staff in charge of population, family and children at commune level, then submit the fully-worked draft action program to the Prime Minister for consideration and issuance.

3. The Government listened to the Minister of Justice presenting the draft laws including: the Bill on Real Estate Registration; Bill on Lawyers; the Bill on Sentence Execution; listened the Government Office presenting the general report of these drafts after collecting Cabinet members' ideas.

- For the Bill on Real Estate Registration, the Government agreed that the revision of this law is to ensure legal rights of people, make registration and transaction of real estate simply and favourably. Hence, there should have united regulations on management by a single body and one certificate that shows full and clear rights to use, own and evaluate estates of citizens.

The Ministry of Justice was entrusted to direct and co-ordinate with the Ministry of Resources and Environment, the Ministry of Construction and relevant agencies to collect opinions in the meeting, continue to study, specify the related issues and consult different ideas for bill completion, and submit to the Government for consideration.

- The Government agreed and approved the draft Law on Lawyers. The Ministry of Justice was entrusted to direct and co-ordinate with the Government Office and relevant agencies to collect ideas in the meeting and complete the draft. The Government entrusted the Minister of Justice by order of the Prime Minister to submit the draft to the Standing Committee of the National Assembly.

- For the Draft Code of Sentence Execution, the government considered that the execution of court sentences remains flawed with difficulties both in organization and procedures making as it is managed by many different bodies; practically, unity and openess is not good. In reality of executing court sentences, the co-ordination between relevant bodies meets with difficulties and overlaps; many procedures that are not feasible and corresponding to the reality should be amended. Therefore, the target of building the draft is to unite regulations on procedures, ensure that judgements and decisions of the Court are abided by legally, protecting interests of the State, society, and legal rights and interests of citizens, strengthening effectiveness of combating against criminals, keeping politics and security and social safety and order stable, conforming to the process of judicial reform and international integration; uniting regulations of law on enforcing civil sentences and forming the general law on sentence execution. The organization of sentence execution under the Government's competence is not stipulated specifically in this draft.

The Ministry of Justice was assigned to direct and co-ordinate with the Ministry of Public Security and relevant agencies to collect opinions in the meeting, complete the draft Code of Sentence Execution; identify a model of sentence execution; implimentation route, specific steps from now on to 2010, then submit to the Prime Minister for consideration before submiting it to the Standing Committee of the National Assembly

4. The Government discussed the draft Ordinance on Settlement of Strikes submitted by the Minister of Labor, War Invalids and Social Affairs. Real situations and labour disputes over the past time show that: Most strikes were aimed to raise demand for worker's rights to have adequate wages, bonus, working time, rest time, social insurance, labour contract. Several strikes happened spontaneously, not done things on the right order according to the regulations of law on settling collective labour disputes causing losses for enterprises and labourers, having adverse effect on the investment environment.

Principally, the building of law on strike settlement procedures has to conform with the regulations of the Code of Labor, the Law of Union and the related legal documents; making legal foundation to ensure that strikes must conform to legal regulations, specify clearly legal rights, obligations and responsibilities of the labour collectives, owners of labour, grassroots union; improve responsibilities of the parties in abiding labour law.

The Ministry of Labour, Invalids and Social Affairs was assigned to direct and co-ordinate with the Ministry of Justice, the Government Office and relevant agencies to collect ideas in the meeting, continue to study and specify direction ideas; content and form of legal documents to adjust the above issues, then re-submit it to the Government for consideration.

5. The Government listenned to the Chief of the Central Emulation and Reward Board presenting a brief report on the drafting and issuance of the Government's Decree on instructing the implimentation of the Law on Emulation and Reward.

The Government is unanimous that the issuance of the Decree instructing the implimentation of the Law on Emulation and Reward has to follow the organizational principles of the Emulative Movement attaching to rewards; specify clear titles and reward standards, have correct achievement assessing process. For emulation and reward to become a impetus in developing the country in the new era, rewards must be given to the right individual and organization on right achievement, focus on people, collectives at the grassroots and workers themselves; collectives and individuals in the agencies of the Party, State, Vietnam Fatherland Front and popular organizations.

The Central Emulation and Reward Board was entrusted to direct and co-ordinate with the Government Office and relevant agencies to take all ideas of governmental members and delegates in the meeting and complete promtly the draft Decree, then submit to the Prime Minister for consideration and issuance.

6. The Government listenned to the Minister-Head of the Ethnic Affairs Committee presenting the draft program of social and economic development in special difficult communes in ethnic and mountainous areas in the period of 2006-2010 (2nd stage of Program 135).

The Government considered that Program 135, period 1998-2005 has achieved important goals on socio-economic development, there have been many changes and considerable improvements in infrastructure in ethnic and mountainous areas, people's spiritual and material life has been raised. However, the program has not reached proposed targets, the percentage of the poor and the gap between regions and ethnic groups has still been remarkable.

The socio-economic development assistance program in special difficult communes in ethnic and mountainous areas in the period 2006-2010 focuses on the following targets: To assist production development and economic restructuring, develop crucial infrastructure, train and give a refresher course to grassroots staff; raise community capacity; provide services, improve and raise people's living standards in special difficult communes in ethnic and mountainous areas.

The Ethnic Affairs Committee was entrusted to direct and co-ordinate with the Ministry of Labour, Invalids and Social Affairs, the Ministry of Agriculture and Rural Development, the Government Office and relevant agencies to collect ideas of Cabinet members, complete the Program, then submit to the Prime Minister for approval.

7. The Government listenned to the Minister of Labor, War Invalids and Social Affairs presenting the Draft National Target Program on poverty reduction in the period 2006-2010.

The Government highly appreciated the big achievements of our country's poverty alleviation efforts over the past time. However, poverty reduction speed is unequal among regions; the percentage of the poor in mountainous and ethnic minority areas is still high. The National Target Program on poverty reduction in the period 2006-2010 should focuses on preferential credit for the poor; assist poor ethnic housholds with land for production; assist the poor with health care, education, housing and running water, encourage forest-agricultural-pisciculture production; develop crucial infrastructure for special difficult communes in coastal and island; give vocational trainning for the poor with the aim of reducing the percentage of the poor down to 15% in 2010.

The Ministry of Labor, War Invalids and Social Affairs was entrusted to direct and co-ordinate with the Ethnic Affairs Committee, the Government Office and relevant agencies to collect ideas of governmental members, complete the draft the National Target Program on poverty reduction in 2006-2010, then submit to the Prime Minister for approval.

During the implimentation, this Program and the socio-economic development program in special disadvantageous localities, ethnic and mountainous areas in the period 2006-2010 are directed by a steering committee of the Government.

8. The Government considered the report of results of production, export-import and investment in August and socio-economic situations in the first eight months of 2005 submitted by the Minister of Planning and Investment; the report of domestic market, export-import in August and September forecast submitted by the Minister of Trade.

In August and the first eight months of 2005, the country's socio-economic situations continued to fare well. A high growth rate was obtained in industrial production; Agricultural production was stabilized. Progresses were made in services. Export grew strongly. Trade deficit was reduced. State budget revenue was high and met expenditure demand; social fields developed positively; traffic accidents reduced gradually.

However, there remained difficultires and shortcomings in the last four months of the year, especially the increase and unpredictable trend of petrol price leading to the increase in production costs, having remarkable effect on production and people's living; export saw new difficulties; natural calamity had complicated changes; some social problems are still pressing.

Implimenting Resolution 01/2005 and the Resolution of the Government's regular meeting, especially Official Telegram 999/TTg-KTTH dated on July 20, 2005 of the Prime Minister on getting the growth of 8.5% and successful implimentation of 2005 plan, the Government required Ministries, sectors and localities to try their best to speed up production development, reduce production expenses, encourage and make favourable conditions for entrprises in all economic sectors to invest and develop business and production, speed up export; curb inflations in price in the end of the year; prevent pressing epidemic diseases (especially avian flu), make precautions of floods and storms; make good conditions for the new shool year. The Ministry of Finance continues to publish Government bonds for funds to finance investment and development, including publishing bonds abroad as directed by the Government and the Prime Minister./.