Scheme of promoting sharing economic model
Saturday, August 31,2019
AsemconnectVietnam - Ensuring an equal business environment among enterprises doing business in the form of sharing economy and traditional economy
Scheme of promoting sharing economic model
1. Objective
a) Ensuring an equal business environment among enterprises doing business in the form of sharing economy and traditional economy;
b) Ensuring the rights, responsibilities and legitimate interests of participants in the sharing economic model, including service providers, service users and platform-providing enterprises;
c) Encourage innovation, application of digital technology and development of digital economy.
2. Views
a) Support and adapt to the new development trend of shared economic model in the condition of rapid development of digital technology in the world; It is not necessary to have separate policies for the business model based on the sharing economy model because the sharing economy is not an integral part or a separate economic component in the economy.
b) State management should ensure that legal economic activities are developed, including shared economic activities; change thinking and ways of state management to suit the development trend of digital economy and industrial revolution 4.0; At the same time, raise awareness and capacity of businesses, localities and people about the sharing economy model.
c) Creating an equal business environment between sharing economic enterprises and traditional businesses, between domestic and foreign enterprises in the direction of facilitating and supporting enterprises. traditional transformation of business forms; The State encourages and prioritizes the enhancement of enterprise-based innovation capacity; put enterprises at the center of the innovation system; support the development of domestic technology enterprises in creating digital platforms, supporting digital transformation and digitization at the enterprise level and the whole economy.
d) Implement new policy testing mechanism (sandbox format) for the deployment and application of new technologies in the shared economy model.
d) Improve the management capacity of the state apparatus in the context of the industrial revolution 4.0 to meet management requirements and promote a shared economic model. Encourage sharing economic models on the basis of the benefits and level of socio-economic development of the country, ensuring compliance with international commitments to which Vietnam has participated.
e) Limiting risks related to protecting consumer rights and preventing tax losses, evading the fulfillment of obligations and responsibilities as prescribed by law.
3. Orientation of state management solutions to promote the sharing economy model
a) Group of solutions to exercise rights and responsibilities of service providers in the sharing economy
- Capacity building to understand individual and business responsibilities for disclosing information related to economic activities shared with State management agencies, including operational information, obligations taxes and specialized management regulations.
- Develop mechanisms and policies to minimize risks for sharing economic activities, including early warning for service providers.
- Solving problems arising in shared economy such as labor, employment, social security.
- Create markets for all citizens to participate in shared business activities (including space, goods and skills).
- There is a policy to support service providers to participate in the market (participating in shared economic activities) such as simplifying licensing procedures, providing financial support for individuals / start-ups. Industry has ideas from sharing activities.
1. Objective
a) Ensuring an equal business environment among enterprises doing business in the form of sharing economy and traditional economy;
b) Ensuring the rights, responsibilities and legitimate interests of participants in the sharing economic model, including service providers, service users and platform-providing enterprises;
c) Encourage innovation, application of digital technology and development of digital economy.
2. Views
a) Support and adapt to the new development trend of shared economic model in the condition of rapid development of digital technology in the world; It is not necessary to have separate policies for the business model based on the sharing economy model because the sharing economy is not an integral part or a separate economic component in the economy.
b) State management should ensure that legal economic activities are developed, including shared economic activities; change thinking and ways of state management to suit the development trend of digital economy and industrial revolution 4.0; At the same time, raise awareness and capacity of businesses, localities and people about the sharing economy model.
c) Creating an equal business environment between sharing economic enterprises and traditional businesses, between domestic and foreign enterprises in the direction of facilitating and supporting enterprises. traditional transformation of business forms; The State encourages and prioritizes the enhancement of enterprise-based innovation capacity; put enterprises at the center of the innovation system; support the development of domestic technology enterprises in creating digital platforms, supporting digital transformation and digitization at the enterprise level and the whole economy.
d) Implement new policy testing mechanism (sandbox format) for the deployment and application of new technologies in the shared economy model.
d) Improve the management capacity of the state apparatus in the context of the industrial revolution 4.0 to meet management requirements and promote a shared economic model. Encourage sharing economic models on the basis of the benefits and level of socio-economic development of the country, ensuring compliance with international commitments to which Vietnam has participated.
e) Limiting risks related to protecting consumer rights and preventing tax losses, evading the fulfillment of obligations and responsibilities as prescribed by law.
3. Orientation of state management solutions to promote the sharing economy model
a) Group of solutions to exercise rights and responsibilities of service providers in the sharing economy
- Capacity building to understand individual and business responsibilities for disclosing information related to economic activities shared with State management agencies, including operational information, obligations taxes and specialized management regulations.
- Develop mechanisms and policies to minimize risks for sharing economic activities, including early warning for service providers.
- Solving problems arising in shared economy such as labor, employment, social security.
- Create markets for all citizens to participate in shared business activities (including space, goods and skills).
- There is a policy to support service providers to participate in the market (participating in shared economic activities) such as simplifying licensing procedures, providing financial support for individuals / start-ups. Industry has ideas from sharing activities.
b) Solutions to exercise rights and responsibilities of service users in the sharing economy
- Enhancing the capacity to understand and use digital economic services and the law on digital contracts for service users; ensure labor safety and safety in payment of electronic contracts.
- The ministries and branches shall strengthen their coordination and sharing of information and data with each other in the management of State management; at the same time, building a mechanism to share information and data among ministries, branches and administrations at all levels, enterprises and professional associations.
- The State should develop mechanisms and policies to minimize risks for parties in sharing economic activities, including mechanisms to protect consumers.
c) A group of solutions that exercise the rights and responsibilities of a technology enterprise / enterprise providing a platform in a shared economy
- Continue to improve the legal framework, create favorable and stable conditions for businesses to innovate, access to finance, encourage competition and support enterprises in R&D activities.
- Enhancing the linkage between innovative enterprises and training and scientific research institutions to raise the contribution of universities and state research institutions to the innovation activities of Enterprise provides platform.
- There is a policy to allow a small-scale testing of a limited time for activities that provide a new basis; respect the novelty and creativity of technology enterprises / businesses providing the platform, encourage the exploitation of connection sharing advantages and technological advantages.
d) Group of solutions for the State to build and develop ecosystems for business and investment under the shared economic model
- Create an equal business environment between the sharing economy and the traditional economy: Reviewing and abolishing the regulations on business conditions that are not suitable for the traditional business field and apply generally to the divided economy. will.
- Develop policies to proactively share economic development, promulgate appropriate standards and regulations: Encourage technological innovation and development, prioritize research and development of technology platforms, and develop human resource development, infrastructure development for shared economic development.
- Amend, improve and supplement the existing legal system and policies to suit the activities of the sharing economy, especially specifying responsibilities between the parties in the sharing economy and the responsibilities of State agencies in managing this business model.
- Innovating economic state management: Ministries and branches should strengthen their coordination in the task of state management; accelerate the implementation of e-government.
- Develop mechanisms to share information and data between governments at all levels and businesses, industry associations, business households.
- Strengthening inspection and examination solutions: Improving the legal corridor to manage electronic payment activities for the provision of cross-border services to ensure payment sovereignty for businesses. Foreign enterprises provide cross-border services into the Vietnamese territory.
- Improve the state management capacity to ensure network security, information security, protect privacy of citizens and organizations, and ensure sovereignty over cyberspace: Develop mechanisms for parties to operate shared economy can control the use of information in accordance with the agreement between the parties; fully implement international commitments on opening the service market (including Internet services) and on e-commerce to encourage businesses to do well on digital technology.
4. Organization of implementation
4.1. Task of Ministry of Planning and Investment
- Being the focal point for coordinating the monitoring and coordination among ministries and branches in modifying, perfecting and supplementing the current legal system and policies to suit the requirements of managing business activities. sharing.
- Assume the prime responsibility for, and coordinate with specialized ministries in, reviewing business conditions in the direction of simplifying administrative procedures in order to create conditions for the traditional types of business and economy to share equally activities.
- Prepare a report to assess the impact of some main types of sharing economy on the economy.
- Establishing an interdisciplinary working group to gather and propose solutions to issues arising in the implementation of shared economic activities.
4.2. Tasks of the Ministry of Finance
- Deploying the application of new technology of the 4th Industrial Revolution in the field of tax; promulgating and guiding the implementation of tax policies and tax administration suitable to the activities of the shared economy.
- Studying to develop documents guiding the implementation of the Tax Administration Law (amended) to meet tax management requirements for shared economic activities.
- Study to develop a mechanism for sharing information and data between state management agencies and tax authorities to meet the tax administration requirements of shared economic activities.
- Enhancing the capacity to understand and use digital economic services and the law on digital contracts for service users; ensure labor safety and safety in payment of electronic contracts.
- The ministries and branches shall strengthen their coordination and sharing of information and data with each other in the management of State management; at the same time, building a mechanism to share information and data among ministries, branches and administrations at all levels, enterprises and professional associations.
- The State should develop mechanisms and policies to minimize risks for parties in sharing economic activities, including mechanisms to protect consumers.
c) A group of solutions that exercise the rights and responsibilities of a technology enterprise / enterprise providing a platform in a shared economy
- Continue to improve the legal framework, create favorable and stable conditions for businesses to innovate, access to finance, encourage competition and support enterprises in R&D activities.
- Enhancing the linkage between innovative enterprises and training and scientific research institutions to raise the contribution of universities and state research institutions to the innovation activities of Enterprise provides platform.
- There is a policy to allow a small-scale testing of a limited time for activities that provide a new basis; respect the novelty and creativity of technology enterprises / businesses providing the platform, encourage the exploitation of connection sharing advantages and technological advantages.
d) Group of solutions for the State to build and develop ecosystems for business and investment under the shared economic model
- Create an equal business environment between the sharing economy and the traditional economy: Reviewing and abolishing the regulations on business conditions that are not suitable for the traditional business field and apply generally to the divided economy. will.
- Develop policies to proactively share economic development, promulgate appropriate standards and regulations: Encourage technological innovation and development, prioritize research and development of technology platforms, and develop human resource development, infrastructure development for shared economic development.
- Amend, improve and supplement the existing legal system and policies to suit the activities of the sharing economy, especially specifying responsibilities between the parties in the sharing economy and the responsibilities of State agencies in managing this business model.
- Innovating economic state management: Ministries and branches should strengthen their coordination in the task of state management; accelerate the implementation of e-government.
- Develop mechanisms to share information and data between governments at all levels and businesses, industry associations, business households.
- Strengthening inspection and examination solutions: Improving the legal corridor to manage electronic payment activities for the provision of cross-border services to ensure payment sovereignty for businesses. Foreign enterprises provide cross-border services into the Vietnamese territory.
- Improve the state management capacity to ensure network security, information security, protect privacy of citizens and organizations, and ensure sovereignty over cyberspace: Develop mechanisms for parties to operate shared economy can control the use of information in accordance with the agreement between the parties; fully implement international commitments on opening the service market (including Internet services) and on e-commerce to encourage businesses to do well on digital technology.
4. Organization of implementation
4.1. Task of Ministry of Planning and Investment
- Being the focal point for coordinating the monitoring and coordination among ministries and branches in modifying, perfecting and supplementing the current legal system and policies to suit the requirements of managing business activities. sharing.
- Assume the prime responsibility for, and coordinate with specialized ministries in, reviewing business conditions in the direction of simplifying administrative procedures in order to create conditions for the traditional types of business and economy to share equally activities.
- Prepare a report to assess the impact of some main types of sharing economy on the economy.
- Establishing an interdisciplinary working group to gather and propose solutions to issues arising in the implementation of shared economic activities.
4.2. Tasks of the Ministry of Finance
- Deploying the application of new technology of the 4th Industrial Revolution in the field of tax; promulgating and guiding the implementation of tax policies and tax administration suitable to the activities of the shared economy.
- Studying to develop documents guiding the implementation of the Tax Administration Law (amended) to meet tax management requirements for shared economic activities.
- Study to develop a mechanism for sharing information and data between state management agencies and tax authorities to meet the tax administration requirements of shared economic activities.
4.3. Duties of Ministry of Transport
- Reviewing and abolishing the regulations on business conditions that are not suitable for the traditional transportation business, and adding a number of necessary conditions for the type of shared economic service.
- Guide the implementation of business regulations and conditions for transport business by auto.
- Studying and amending the Law on Road Traffic, the Law on Inland Waterway and the Maritime Code and bringing the sharing economy into a revised and supplemented content of the Law on Road Traffic, the Law on Inland Water Traffic Address, Maritime Code.
- Coordinate with the Ministry of Finance in guiding the transport business unit to use the electronic transport contract in sending the e-invoice of the trip to the contractual account of the passengers and sending the electric bill information. to the General Department of Taxation as prescribed by the Minister of Finance.
4.4. Tasks of the Ministry of Industry and Trade
- Research and develop policies to develop shared economic models to promote sustainable production and consumption.
- Researching, proposing and developing e-commerce development policies for the period of 2021 - 2025 in the direction of facilitating and encouraging e-commerce activities to apply shared economic models.
- Reviewing and perfecting legal provisions on e-commerce to cover newly arising operating models, in line with the shared economic development trend.
- Study the contents of cross-border e-commerce services and propose management directions suitable to practical requirements as well as integration commitments.
4.5. Duties of Ministry of Information and Communications
- Studying contents related to information technology services across borders to propose in the process of negotiating integration commitments, and adding to documents related to information technology in the process. modified next time.
- Develop training programs and projects, raising awareness of rights and obligations of individuals and entities participating in the sharing economy.
- Studying mechanisms, policies and regulations to develop national digital infrastructure to create favorable conditions for developing a shared economic model; to promote the connection and sharing of national databases of state agencies to provide online public services and develop a shared economic model.
4.6. Tasks of the State Bank of Vietnam
- Elaborating regulations on cross-border payment transactions through payment gateways licensed by the State Bank. Coordinate with ministries and branches to amend and supplement the legal framework to manage e-payment activities for the provision of cross-border services provided by foreign businesses. territory into Vietnam.
- Studying and developing a scheme of experimental management mechanism for Fintech activities in banking activities.
- Studying a pilot mechanism to manage peer lending activities.
4.7. Duties of Ministry of Culture, Sports and Tourism
- Relevant legal studies on room sharing services, apartment-hotel combination models.
- Assume the prime responsibility for, and coordinate with concerned ministries and branches in, elaborating and perfecting regulations on the management of tourist accommodation according to the shared economic model in Vietnam.
- Assume the prime responsibility for, and coordinate with concerned ministries and branches in, elaborating and finalizing regulations on management of shared economic models in tourism.
4.8. Task of Ministry of Science and Technology
- Reviewing the legal system and issues related to state management of science - technology and innovation related to the sharing economy; study and adjust the State management documents on standards, metrology and quality related to the application of platform technology and quality regulations for the accompanying services; regulations on intellectual property and technology transfer; regulations on testing new products and services.
- Review issues related to the development of platform technology (Internet, mobile phones, global positioning, etc.) in relation to the shared economic model and propose policies. books modified accordingly.
- Studying and proposing a pilot adjustment management mechanism (sandbox) on the deployment and application of new technologies in shared economic models.
4.9. Duties of Ministry of Labor - Invalids and Social Affairs
Research on employment, income, social security (including social insurance), labor relations, legal status of the parties and propose solutions to ensure the rights and obligations of people Labor participating in the shared economic model.
- Reviewing and abolishing the regulations on business conditions that are not suitable for the traditional transportation business, and adding a number of necessary conditions for the type of shared economic service.
- Guide the implementation of business regulations and conditions for transport business by auto.
- Studying and amending the Law on Road Traffic, the Law on Inland Waterway and the Maritime Code and bringing the sharing economy into a revised and supplemented content of the Law on Road Traffic, the Law on Inland Water Traffic Address, Maritime Code.
- Coordinate with the Ministry of Finance in guiding the transport business unit to use the electronic transport contract in sending the e-invoice of the trip to the contractual account of the passengers and sending the electric bill information. to the General Department of Taxation as prescribed by the Minister of Finance.
4.4. Tasks of the Ministry of Industry and Trade
- Research and develop policies to develop shared economic models to promote sustainable production and consumption.
- Researching, proposing and developing e-commerce development policies for the period of 2021 - 2025 in the direction of facilitating and encouraging e-commerce activities to apply shared economic models.
- Reviewing and perfecting legal provisions on e-commerce to cover newly arising operating models, in line with the shared economic development trend.
- Study the contents of cross-border e-commerce services and propose management directions suitable to practical requirements as well as integration commitments.
4.5. Duties of Ministry of Information and Communications
- Studying contents related to information technology services across borders to propose in the process of negotiating integration commitments, and adding to documents related to information technology in the process. modified next time.
- Develop training programs and projects, raising awareness of rights and obligations of individuals and entities participating in the sharing economy.
- Studying mechanisms, policies and regulations to develop national digital infrastructure to create favorable conditions for developing a shared economic model; to promote the connection and sharing of national databases of state agencies to provide online public services and develop a shared economic model.
4.6. Tasks of the State Bank of Vietnam
- Elaborating regulations on cross-border payment transactions through payment gateways licensed by the State Bank. Coordinate with ministries and branches to amend and supplement the legal framework to manage e-payment activities for the provision of cross-border services provided by foreign businesses. territory into Vietnam.
- Studying and developing a scheme of experimental management mechanism for Fintech activities in banking activities.
- Studying a pilot mechanism to manage peer lending activities.
4.7. Duties of Ministry of Culture, Sports and Tourism
- Relevant legal studies on room sharing services, apartment-hotel combination models.
- Assume the prime responsibility for, and coordinate with concerned ministries and branches in, elaborating and perfecting regulations on the management of tourist accommodation according to the shared economic model in Vietnam.
- Assume the prime responsibility for, and coordinate with concerned ministries and branches in, elaborating and finalizing regulations on management of shared economic models in tourism.
4.8. Task of Ministry of Science and Technology
- Reviewing the legal system and issues related to state management of science - technology and innovation related to the sharing economy; study and adjust the State management documents on standards, metrology and quality related to the application of platform technology and quality regulations for the accompanying services; regulations on intellectual property and technology transfer; regulations on testing new products and services.
- Review issues related to the development of platform technology (Internet, mobile phones, global positioning, etc.) in relation to the shared economic model and propose policies. books modified accordingly.
- Studying and proposing a pilot adjustment management mechanism (sandbox) on the deployment and application of new technologies in shared economic models.
4.9. Duties of Ministry of Labor - Invalids and Social Affairs
Research on employment, income, social security (including social insurance), labor relations, legal status of the parties and propose solutions to ensure the rights and obligations of people Labor participating in the shared economic model.
4.10. Task of Ministry of Construction
Research, review related laws on the office-hotel combination model.
4.11. Duties of Ministry of Natural Resources and Environment
- Studying and proposing regulations, clearly defining the responsibilities of the participants of the shared economic model in fulfilling the requirements on efficient use and exploitation of natural resources and environmental protection.
- Research and propose measures to promote the reuse and recycling of waste in areas related to the shared economic model.
4.12. Duties of Ministry of Public Security
- Assume the prime responsibility for, and coordinate with ministries and localities in, ensuring security, order and information security in the implementation of the sharing economy, ensuring equality and encouraging innovation.
- Develop and finalize the national database on population and propose the permission for this database to be shared and openly connected with the financial, banking, telecommunications and insurance industries. .
4.13. Duties of Ministry of Justice
- Collaborate with ministries and agencies in clarifying the nature of shared economic activities that belong to civil and / or specialized fields.
- Review and propose the completion of civil law provisions on transactions, contracts, ownership, property rights and dispute settlement mechanisms related to the shared economic model.
4.14. Task of Ministry of Agriculture and Rural Development
- Reviewing and perfecting legal provisions to restructure agriculture in line with the trend of shared economic development.
- Assuming the prime responsibility for, and coordinating with concerned ministries and branches in, formulating policies on application of shared economic models to optimize the use of resources for agricultural production.
4.15. Duties of Ministry of Education and Training
- Research and develop policies to promote shared economic models in the field of education and training (such as shared electronic libraries, open learning resources, distance learning via internet ...).
- Lead and coordinate with businesses to develop in the direction of innovation, education and training institutions, scientific research facilities to deploy education-oriented programs and projects. information technology era 4.0
4.16. Duties of Ministry of Health
Research and develop policies to promote shared economic models in the health sector (such as common use of medical equipment, remote diagnostics, etc.).
4.17. Mission of the Academy of Social Sciences
- Research international experience, theoretical and practical basis for shared economic models.
- Assessing the social impact of the shared economic model in Vietnam.
4.18. Tasks of other ministries and branches
- Reviewing the state management functions of ministries and branches to identify issues related to the sharing economy, formulate schemes and regulations on management of shared economic activities and propose policies. modified and supplemented accordingly.
- Coordinate with the Ministry of Finance and localities in connecting and exchanging information with tax authorities and coordinating in tax administration.
4.19. Tasks of provincial / municipal People's Committees
- Review activities under the shared economic model in the area, fully implement the prescribed management measures.
- Depending on the locality, the People's Committees of the provinces and cities shall issue regulations on business in the form of sharing economy in the locality but must not contravene the provisions of law.
Long Giang
Source: Vitic / thuvienphapluat.vn
Research, review related laws on the office-hotel combination model.
4.11. Duties of Ministry of Natural Resources and Environment
- Studying and proposing regulations, clearly defining the responsibilities of the participants of the shared economic model in fulfilling the requirements on efficient use and exploitation of natural resources and environmental protection.
- Research and propose measures to promote the reuse and recycling of waste in areas related to the shared economic model.
4.12. Duties of Ministry of Public Security
- Assume the prime responsibility for, and coordinate with ministries and localities in, ensuring security, order and information security in the implementation of the sharing economy, ensuring equality and encouraging innovation.
- Develop and finalize the national database on population and propose the permission for this database to be shared and openly connected with the financial, banking, telecommunications and insurance industries. .
4.13. Duties of Ministry of Justice
- Collaborate with ministries and agencies in clarifying the nature of shared economic activities that belong to civil and / or specialized fields.
- Review and propose the completion of civil law provisions on transactions, contracts, ownership, property rights and dispute settlement mechanisms related to the shared economic model.
4.14. Task of Ministry of Agriculture and Rural Development
- Reviewing and perfecting legal provisions to restructure agriculture in line with the trend of shared economic development.
- Assuming the prime responsibility for, and coordinating with concerned ministries and branches in, formulating policies on application of shared economic models to optimize the use of resources for agricultural production.
4.15. Duties of Ministry of Education and Training
- Research and develop policies to promote shared economic models in the field of education and training (such as shared electronic libraries, open learning resources, distance learning via internet ...).
- Lead and coordinate with businesses to develop in the direction of innovation, education and training institutions, scientific research facilities to deploy education-oriented programs and projects. information technology era 4.0
4.16. Duties of Ministry of Health
Research and develop policies to promote shared economic models in the health sector (such as common use of medical equipment, remote diagnostics, etc.).
4.17. Mission of the Academy of Social Sciences
- Research international experience, theoretical and practical basis for shared economic models.
- Assessing the social impact of the shared economic model in Vietnam.
4.18. Tasks of other ministries and branches
- Reviewing the state management functions of ministries and branches to identify issues related to the sharing economy, formulate schemes and regulations on management of shared economic activities and propose policies. modified and supplemented accordingly.
- Coordinate with the Ministry of Finance and localities in connecting and exchanging information with tax authorities and coordinating in tax administration.
4.19. Tasks of provincial / municipal People's Committees
- Review activities under the shared economic model in the area, fully implement the prescribed management measures.
- Depending on the locality, the People's Committees of the provinces and cities shall issue regulations on business in the form of sharing economy in the locality but must not contravene the provisions of law.
Long Giang
Source: Vitic / thuvienphapluat.vn
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