Chương 2 Nghị định 66/2008/NĐ-CP: Hình thức, nội dung hỗ trợ pháp lý cho doanh nghiệp

Chapter II

FORMS AND CONTENTS OF LEGAL AID FOR ENTERPRISES

Article 7.- Development and exploitation of law databases in service of operation of enterprises

1. Ministries shall organize the development, maintenance and updating of databases on legal documents relevant to operation of enterprises within branches or domains under their management, and publish these documents on their official websites, except those on the list of state secrets as prescribed by law.

2. Provincial-level People's Committees shall organize the development, maintenance and updating of databases on legal documents relevant to operation of enterprises issued by local competent state agencies, and publish these documents on their official websites, except those on the list of suite secrets as prescribed by law.

3. Enterprises may get access to and use free of charge information posted on websites specified in Clauses 1 and 2 of this Article. If legal documents which have taken effect but have not yet been posted or websites of ministries or provincial-level People's Committees, enterprises may request these ministries or provincial-level People's Committees to post these documents on their websites.

Article 8.- Compilation of documents introducing or disseminating legal documents

1. Ministries shall compile documents introducing or disseminating legal documents newly issued within branches or domains under their management and relevant to operation of enterprises.

2. Provincial-level People's Committees shall compile documents introducing or disseminating legal documents issued by local competent state agencies and relevant to operation of enterprises.

3. Provincial-level People's Committees shall direct their specialized agencies to coordinate with institutional representatives of enterprises in working out plans on and organizing the distribution of documents introducing legal documents to enterprises in their localities.

Article 9.- Training in law know ledge for enterprises

1. Ministries shall organize the compilation of documents for training in law knowledge relevant to operation of enterprises within branches or domains under their management, and coordinate with provincial-level People's Committees and institutional representatives of enterprises in providing law knowledge training for enterprises.

2. Provincial-level People's Committees shall direct their specialized agencies to coordinate with institutional representatives of enterprises in working out plans on and organizing training in law knowledge for enterprises in their localities.

Article 10.- Answering of law inquiries of enterprises

1. Enterprises may request specialized agencies of provincial-level People's Committees to answer their law inquiries concerning their operation within branches or domains under these agencies' management.

2. In case the answers of specialized agencies of provincial-level People's Committees specified in Clause 1 of this Articles do not satisfy inquiring enterprises, these enterprises may request concerned ministries to answer.

3. The answering of law inquiries is made in the following forms:

a/ Written answers:

b/ Online answers:

c/ Face-to-face or phone answers:

d/ Other forms of communication as specified by law.

4. Specialized agencies of provincial-level People's Committees and ministries shall answer law inquiries within 15 working days after enterprises fully supply information relating to ■their law inquiries. For law inquiries which are complicated or related to the state management of more than one branch or domain, the time limit for answering is 30 working days.

5. In case of refusal to answer law inquiries, requested agencies shall give reasons for their refusal.

6. The answering of law inquiries specified in this Article is not applicable to enterprises' law-inquiries about specific cases related to their production and business activities.

Article 11.- Receipt of enterprises proposals for improvement of laws

1. Ministries and provincial-level People's Committees shall organize the receipt and summing up of enterprises' proposals concerning legal provisions so as to amend, supplement or issue new legal documents according to their competence or submit to competent state agencies for consideration and decision amendments or supplements to current legal documents or issuance of new ones.

2. Legal departments of ministries and Justice Sen. ices of provincial-level People's Committees shall assume the prime responsibility for, and coordinate with concerned units in. assisting ministries and provincial-level People's Committees in. performing the tasks specified in Clause 1 of this Article.

3. Before December 31 every year, ministries and provincial-level People's Committees shall send sum-up reports on receipt and handling of enterprises' proposals for improvement of legal provisions within branches, domains or localities under their respective management to the Ministry of Justice for summing up and reporting to the Prime Minister.

Article 12.- Formulation and organization of implementation of programs on provision of legal aid for enterprises

1. Objectives of programs on provision of legal aid for enterprises are to supply legal information for enterprises: to disseminate and train knowledge about business law among enterprise managers; and to train in professional skills in dealing with corporate legal affairs.

2. Bases for formulation of programs on provision of legal aid for enterprises:

a/ Enterprises' needs for legal aid in each period and in different regions, branches or domains, and requirements of international economic integration:

Law and resolution-making programs of the National Assembly: ordinance- and resolution-making programs of the National Assembly Standing Committee, and plans on promulgation of legal documents of the Government, centra! and local state agencies.

3. Formulation of programs on provision of legal aid for enterprises

a/ For programs on provision of legal aid for enterprises within branches or localities:

Ministers or presidents of provincial-level People's Committees shall organize the formulation and approval of programs on provision of legal aid for enterprises within branches, domains or localities under their respective management.

b/ For inter-branch legal aid programs:

Ministries or provincial-level People's Committees shall propose activities of providing legal aid for enterprises within branches, domains or localities under their respective management to the Ministry of Justice for incorporation in inter-branch legal aid programs:

Institutional representatives of enterprises shall propose activities of providing legal aid at the request of their member enterprises to the Ministry of Justice for incorporation in inter-branch legal aid programs:

-The Ministry of Justice shall assume the prime responsibility for. and coordinate with the Ministry of Planning and Investment and the Ministry of Finance in. planning and organizing the formulation of inter-branch legal aid programs before submitting them to the Prime Minister for approval.

4. After programs on provision of legal aid for enterprises are approved by competent state agencies, ministries and provincial-level People's Committees shall organize the implementation of these programs within the scope of their respective functions and tasks. Institutional representatives of enterprises and organizations and individuals having the function of providing legal services are encouraged to participate in providing legal aid for enterprises under legal aid programs.