THE BUSINESS INFORMATION CENTER AT THE VIETNAM CHAMBER OF COMMERCE AND INDUSTRY

No.16 (19) Oct 2006

   

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Issue No. 22
Access to land
:: Article  :: Viewpoints
 

Issue No. 21
The state capital
investment corporation
:: Article  :: Viewpoints
 

Issue No. 20
Streamlining the
business startup process
:: Article  :: Viewpoints
 

Issue No. 19
Effective Implementation of the new Enterprise and Investment Laws
:: Article  :: Viewpoints
 

Issue No. 18
Starting a business in Vietnam
:: Article  :: Viewpoints
 

Issue No. 17
Streamlining
Business Licensing
:: Article  :: Viewpoints
 

Issue No. 16
Women's entrepreneurship
:: Article  :: Viewpoints
 

Issue No. 15
Private Credit Bureaus
:: Article  :: Viewpoints
 

Issue No. 14
Efforts in improving business environment
:: Article  :: Viewpoints
 

Issue No. 13
Corporate governance
:: Article  :: Viewpoints
 

Issue No. 12
The common investment law
:: Article  :: Viewpoints
 

Issue No. 11
Private sector firms
:: Article  :: Viewpoints
 

Issue No. 10
The unified enterprise law
:: Article  :: Viewpoints
 

Issue No. 9
Investment incentives
in Vietnam
:: Article  :: Viewpoints
 

Issue No. 8
Business Environment in Vietnam - Overview 2004
:: Article  :: Viewpoints
 

Issue No. 7
Business Development Services
:: Article  :: Viewpoints
 

Issue No. 6
Local governance
& Economic growth
:: Article  :: Viewpoints
 

Issue No. 5
SOE Valuation
:: Article  :: Viewpoints
 

Issue No. 4
Corp. Social Responsibility
:: Article  :: Viewpoints
 

Issue No. 3
Trademark protection
:: Article  :: Viewpoints
 

Issue No. 2
The stock market
:: Article  :: Viewpoints

 

Issue No. 1
The revised draft Land Law
:: Article  :: Viewpoints

 

 

VIEWPOINTS
 
Business freedom  

  • Cumbersome procedures for business entry and registration, local master planning, and professional, business and investment licensing can restrict people's freedom to do business. In areas such as healthcare, pharmaceutics and legal services, which can potentially have widespread impact on the broader community, the government certainly should establish basic standards and conditions to protect the public interest. For professions like tour guides and selling CDs, for example, it is unreasonable to require licenses and impose conditions. The problem with such licenses and conditions is that the issuing agencies use them to control businesses more than necessary, rather than as an effective tool to monitor businesses' compliance.

    Currently, local governments (i.e., from provincial to commune levels), through their master planning processes, may restrict the freedom of people in their area to do business. For example, there exists a commune-level plan that limits the number of pho restaurants on each street. In Mui Ne, a tourist area where many luxury hotels and resorts operate, there are no dance clubs simply because the province's master plan does not allow them! There is an urgent need to abolish these kinds of unreasonable constraints to business.

Mr. Vu Thanh Tu Anh, Research Director
Fulbright Economic Teaching Program


  • It is unfortunate that the proposed decree on State management of business licensing has been dropped; its adoption would have dramatically improved the transparency of business licensing. Although the proposed decree may have appeared to impose a paperwork burden on Government agencies, in the long run, it would have reduced that burden by standardizing and limiting the process for establishing licensing requirements. Of course, the decree would also have benefited businesses by promoting a high degree of transparency.

Mr. John Davis, Legal Expert


  • There is a need for a regulatory framework that states the conditions under which licenses will be issued and that does not leave space for discretion. The current process is cumbersome and uncertain due to its lack of clarity and excessive discretion; a simplified and clearer issuance policy would be helpful and encourage investors.

Mr. Oliver Massmann, Partner & International Lawyer
Baker & McKenzie, Hanoi


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Publisher: Dao Tuan Dung - Director of BIZIC - VCCI
Office: 5th floor - International Trade Center - No. 9 Dao Duy Anh Str., Hanoi
Tel: (84-4) 574 3084 - Fax: (84-4) 574 2773 - E-mail: vcci@hn.vnn.vn