BUSINESS FREEDOM- NEW STEP OF HUMAN RIGHTS
In human rights, the right to freedom of business has taken new steps, is more open, and is concretized through laws.
Since human rights were mentioned in the Declaration of Independence proclaimed in Ba Dinh Square on the National Day of September 2, 1945, President Ho Chi Minh's thorough thought on human rights has remained significant. especially profound meaning, inherited and developed in many later Constitutions of Vietnam. In human rights, the right to freedom of business has taken new steps, is more open, and is concretized through laws.
Human rights are concretized into business freedom
Human rights have been concretized into rights, in which the right to freedom of business was recognized for the first time in the 1992 Constitution. Although still limited to the scope of business freedom when the subjects only to be free to do business in the areas permitted by law, but compared with previous economic management viewpoints, this is considered a particularly important step in recognizing the right to do business in Vietnam. Vietnam. In particular, the 2013 Constitution recognizes the right to freedom of business as one of the basic human rights. Dr. Nguyen Van Cuong, Director of the Institute of Legal Sciences - Ministry of Justice, analyzed:
"When freedom of business is considered as a basic human right, that means a human right, including the right to do business, which is not only recognized and respected by the State, but must be protected and guaranteed. That is, here the respecting, protecting and ensuring the right to freedom of business is first of all the responsibility of the State, and the people are naturally entitled to that freedom of business."
Since the provisions of the 2013 Constitution, the right to freedom of business has been realized in the business legal system, especially in the original legal documents, which have a great impact on the business community such as the Enterprise Law 2014. , Investment Law 2014 and amended and supplemented in 2016. Accordingly, the right to freedom of business has been approached in the direction of simplifying licensing conditions and procedures, abolishing many regulations on business conditions, at the same time expand the groups of self-determination rights of enterprises. For the first time, a complete list of industries and trades prohibited from doing business and doing business with conditions has been gathered and specifically listed in a single Law document. This is considered a breakthrough in policy transparency and is expected to overcome the uncontrolled and unreasonable issuance of business conditions as before. Or the provisions in the Civil Code 2015 have clearly demonstrated the spirit of better protection of people's property rights, the right to freedom of contract.... Most recently, the 2015 Penal Code was revised. , added in 2017 removed the crime of illegal business, representing a great step forward in ensuring citizens' freedom to do business.
Source: Collector
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