Abtract of doctoral dissertation of jurisprudence the law on the enterprises righr to equal treatment in vietnam

+ Research into enterprises’ right to equal treatment from stages of business establishment and operation to dissolution, including: i equality in terms of business registration; ii equa

ministry of education &training ministry of justice

ha noi university

®o thi kim tien

the law on the enterprises' righr

to equal treatment in vietnam

Speciality : Economic Law Code : 62 38 01 07

ABTRACT OF DOCTORAL DISSERTATION OF JURISPRUDENCE

Ha noi - 2014

The dissertation is completed at Hanoi Law University

Supervisor: Assoc Prof Dr Duong Dang Hue

Reviewer 1: Prof Dr Nguyen Thi Mo

Reviewer 2: Assoc Prof Dr Nguyen Minh Man

Reviewer3: Dr Dong Ngoc Ba

The thesis is protected at the Council level thesis dot

School, meeting at Hanoi Law University

The last hours, days, months, 2014

Thesis can be found at the National Library

and the Library of Hanoi Law University

THE AUTHOR'S PUBLISHED WORKS RELEVANT TO

THE DISSERTATION

1 Do Thi Kim Tien (2011), "To make to leading role of the state sector

more transparent to promote economic growth", State

Management,, (184), Pp 42-46

2 Do Thi Kim Tien (2013), " Major issues of equality among

enterprises", Inspectorate, (9), Pp 17-19

3 Do Thi Kim Tien (2013), "Building equal market economic

institution in consistence with the leading role of the state

sector", Legislative Research, 12(244), Pp 7-12, 29

4 Do Thi Kim Tien (2013), " Reality and causes of inequality among

Viettnamese businesses", People's Court, (18),Pp 10-14

5 Do Thi Kim Tien (2013), "Improving the legislation to ensure

equality among Vietnamese enterprises, ", Magazine of

Democracy & Law, (258), Pp 39-43

1 Research rationale

Most countries opt for the model of market economy to take advantage

of the law of competition as an engine for economic development The

precondition for smooth operation of the law of competition is to ensure

free and equal competition among business entities, including enterprises,

to facilitate business operation on their own capacity and remove ailing

enterprises as a way to make the economy healthier for better

development Therefore, an environment for equal competition is both a

principle and a universal value in a market economy An unresolved

problem in the development of socialist - oriented market economy in both

theoretical and practical terms is how to promote the leading role the state

sector while ensuring equal competition among state-owned enterprises

(SOEs) and non – state businesses ad how to address the ailing operation of

SOEs In addition, thorough integration into the international market by

Vietnam requires it to comply with the inherent market laws as well as

treaties to which it has subscribed

Since the VI Party Congress, the Party has paid adequate attention to

enterprises’ right to equal treatment in different sectors This guideline has

been institutionalized by the 1992 Constitution and laws Contrary to the

State goals, however, far from being relieved, inequality among enterprises

tends to worsen This problem becomes widespread and occurs in a variety

of complicated forms and in all a stages: market entry, business operation,

and dissolution, which has blocked investment and reduced economic growth

In response to economic requirements and international commitments,

research into the legal framework and assessment of law enforcement are

required to find out the causes and recommend solutions to enterprises’ right

to equal treatment This research assumes both theoretical and practical

significance Therefore, the topic “Improving legislations to promote

enterprises’ right to equal treatment in Vietnam” is selected for the dissertation

2 Research object and scope

- Research object: The system of legislations and enforcement of laws

on enterprises’ right to equal treatment in Vietnam

- Research scope:

+ Thorough research into the legal framework of Vietnam, and full and objective assessment of applicable legislations on enterprises’ right to equal treatment in Vietnam

+ Research into enterprises covered by the Law on Enterprises 2005, exclusive of other types of businesses (cooperatives or individual businesses ) + Research into enterprises’ right to equal treatment from stages of business establishment and operation to dissolution, including: (i) equality in terms of business registration; (ii) equality in business operation; (iii)

equality in business dissolution and bankruptcy

3 Research objectives and missions

The dissertation is aimed to form scientific foundation for the improvement of the legal framework to promote enterprises’ right to equal treatment in Vietnam The dissertation assumes the following tasks:

- Analyzing and clarifying theoretical issues on enterprises’ right to equal treatment, the significance for ensuring enterprises’ right to equal treatment Assessing the extent to which the law has effects on ensuring enterprises’ right to equal treatment and elements that govern enterprises’ right to equal treatment

- Reviewing the entire legal system of Vietnam and conducting objective assessment of the strengths and weaknesses of legislations relevant

to enterprises’ right to equal treatment

- Collecting data and information on the enforcement of laws relevant to enterprises’ right to equal treatment in Vietnam to form a basis to assess the strengths and weaknesses and finding out the underlying causes and effects

of inequality among enterprises

- Raising comprehensive solutions to the improvement of legislations

on enterprises’ right to equal treatment and institutional improvement to

ensure enterprises’ right to equal treatment in Vietnam

4 Theoretical basis and scientific hypothesis

4.1 Theoretical basis

The research is conducted into improving legislations to promote

enterprises’ right to equal treatment in Vietnam by referring to Marxist –

Leninist dialectical materialism and Ho Chi Minh’s ideology as well as the

Party’s guidelines and State laws on justice, equality, rule - of - law, market

economy, Government to Business relation, ownership and sectors In addition,

the dissertation also refers to theories and views held by foreign and domestic

economists, politicians and legalists as well as other countries’ laws on economic

regime, market economy system, and Government to Business relation

4.2 Research questions, scientific hypothesis and intended research

findings

Research questions 1

- What is equality and equality among enterprises?

- Research hypothesis: Is equality among enterprises confused with

equality among economic sectors

- Intended research findings: The dissertation will clarify the nature of

equality among enterprises Accordingly, equality among enterprises must

satisfy two conditions concurrently: (i) to ensure the proportionate

contribution and remuneration by businesses, violation and liability; and (ii)

equal legal treatment without exception to all enterprises operating in the

same conditions

Research questions 2

- What is enterprises’ right to equal treatment?

- Research hypothesis: In the market economy, there exist a multitude

of business entities, including enterprises For viable operation, market

players, including enterprises, should be treated equally by the law in the

transaction with partners and the State (i.e enjoying equal terms and equal

standards in borrowing loans, treatment, tax liabilities…) Therefore, equality

among enterprises is an inherent characteristics and requirement by the

market economy

- Intended research findings: The dissertation clarifies and distinguishes

enterprises’ right to equal treatment in legal terms from that in practical terms

Research questions 3

- Why does equality among enterprises signify? Why should enterprises’ right to equal treatment be ensured?

- Research hypothesis: Freedom in business operation, competition and equality among enterprises are market principles, enabling the full operation

of the law of competition to generate an engine for economic development

- Intended research findings: Demonstrating the relation between ensuring enterprises’ right to equal treatment and the improvement of market institution, fair competition Assessing the significance for ensuring

enterprises’ right to equal treatment

Research questions 4

- Does inequality exist among different enterprises in Vietnam?

- Research hypothesis: Inequality exists among different enterprises in Vietnam It generates negative socio - economic consequences

- Intended research findings: In the dissertation, review and assessment

of the legal system and law enforcement will be conducted with aims to

demonstrate the existence of inequality among enterprises in Vietnam

Research questions 5

- What cause inequality among enterprises in Vietnam?

- Research hypothesis: There exists discriminatory treatment to enterprises by legislations as well as violation of laws relevant to enterprises’ right to equal treatment

- Intended research findings: Identifying regulations that induce

inequality among enterprises and the causes of inequality among enterprises

Research questions 6

- What solutions can help ensure enterprises’ right to equal treatment in Vietnam?

- Research hypothesis: Improving the legal framework providing for enterprises’ right to equal treatment and ensuring law enforcement on that matter to enable enterprises to operate in an equal environment

- Intended research findings: (i) Proposal for elimination of legislations

of discriminatory nature; revising ambiguous or poorly articulated

regulations; enabling transparency of policies that offer preferential

treatment, exemption or investment restraints; improving regulations as

applied to SOEs; and (ii) improving institutions on the agency in charge;

enhancing the capacity, service ethics, and corporate culture; transforming

the attitude towards law observance and enforcement of laws relevant to

enterprises’ right to equal treatment in Vietnam

5 Methodology and research method

On the basis of dialectical materialism and historical materialism and

employing the approach to motion and development of the market economy

in the new context, the dissertation has adopted methods of synthesis and

analysis, comparative method, statistical method with focus on system

method in order to learn and combine publicized research findings by

organizations and researchers The dissertation also conducts in – depth

interview made available through face – to – face meetings with researchers

for consultation for new ideas and facts

6 Contributions and scientific significance

The dissertation contributes following findings:

Firstly, the dissertation has clarified the nature of equality among

enterprises and enterprises’ right to equal treatment At the same time, it has

clarified how to ensure enterprises’ right to equal treatment in harmony with

other preferential or discouraging treatment policies on business and investment

Secondly, the dissertation has come up to a comprehensive outlook by

raising the concept and identifying the significance for ensuring enterprises’

right to equal treatment It has assessed elements that govern enterprises’

right to equal treatment

Thirdly, the dissertation has stated the shortcomings of the existing legal

framework relevant to enterprises’ right to equal treatment and major causes

for inequality among enterprises in Vietnam

Fourthly, the dissertation has raised overall solutions to improve

applicable legislations by learning and domesticating foreign policies to

accommodate to the context of Vietnam in the course of integration and

development

7 Theoretical and practical significance

Researching findings has helped clarify the theoretical aspect of jurisprudence on enterprises’ right to equal treatment

Facts and scientific reasoning will demonstrate arguments which are raised in the research In addition, the dissertation will serve as a helpful reference document for researchers, trainers and policy makers to help

respond to requirements by the economy and international integration

8 Research structure

The dissertation is structured into 4 chapters made up of 15 sections in

addition to the introduction, conclusion and references

RESEARCH CONTENTS

Chapter 1

LITERATURE REVIEW

Chapter 1 is aimed for review and assessment of relevant international and domestic research works to further find out and resolve remaining problems Towards that end, the dissertation has adopted an approach to study issues in groups, sort them into order: theory, reality and solutions to the improvement of the legal framework relevant to enterprises’ right to

equal treatment

1.1 Theoretical research on enterprises’ right to equal treatment

In this section, two issues are mentioned:

First, research in the concept of equality, equality among businesses and the right to equality by businesses

Enterprises’ right to equal treatment has not been the direct research object However, some research works mentioned the concept of social equality which is used for reference in the dissertation Typical research

works include: On the Social Contract b J.J Rousseau published by

Publishing House of Social – Political Theory in 2004; Capitalist and

Proletarian Conception of Freedom and Equality translated by To Hong

Quan in 1946; Doctoral dissertation by Vu Anh Tuan on the legal effects on

ensuring social justice, and Textbook on Economic Law (2003) by the Law

University of Hanoi

Secondly, research works relevant to the legal effects on ensuring

enterprises’ right to equal treatment

No research works have been reported to mention the role of the law on

ensuring enterprises’ right to equal treatment However, the role of the law

has been analyzed in theoretical terms in the Textbook of State and Law

(2003) by the Law University Author Vu Anh Tuan refers to the role of the

law in general to analyze the law on ensuring social equality

1.2 Research in the reality of existing legislations and law

enforcement on enterprises’ right to equal treatment

In this section, two issues are mentioned:

Research in the reality of existing legislations on enterprises’ right to

equal treatment

Many research works have been conducted into existing legislations

providing for various aspects relevant to enterprises’ right to equal

treatment: “Comments on the Law on Enterprises (unified)” by Assoc Prof

Dr Nguyen Nhu Phat; "Investment Law 2005 – Some adequacies” by MA

Dao Trung Kien; colloquium speech “Assessment of land policies and

recommendations on calling for foreign investment in the current time” by

Dr Pham Tuan Khai; "Improvement of legislations on partnerships in

Vietnam” by Dr Vu Dang Hai Yen, All research works share the same idea

by Dr Nguyen Chi Thanh raised in the book Business Environment –

Theoretical and practical issues, arguing that “Although the legal

framework to establish an environment for equal competition has been set

up, the enforcement in reality still contains unresolved problems State

monopoly and special privileges afforded to SOEs have all distorted the

playing field of enterprises"

Research in the inequality among enterprises arising from law enforcement

International and domestic analysis has been made on the inequality

among enterprises Colloquium discussion “Inadequacies and requirements

for development and state management of enterprises regardless of economic sector” by Dr Nguyen Minh Phong in the seminar on

"Renovation of state management over enterprises regardless of ownership”

argues that there exists bias in terms of economic sectors and bias against the

private sector In this seminar, in his speech “Renovation of state

management and enabling an environment for equal competition among enterprises” Dr Nguyen Ke Tuan raises comments as follows “In the

market economy, enabling an facilitative environment for equal competition among businesses of different economic sectors is regarded as one of top priorities of the state in economic management” However, in reality the state treats enterprises of different sectors differently In addition, the

research "Renovation of state management over businesses of various types

in Vietnam regardless of economic sector” by Dr Tran Tien Cuong as well

as other international research works have mentioned the inequality among

enterprises Such international research works include "The Private Sector in

Development "; "From State To Market: A Survey of Empirical Studies on

Privatization " by Will L Meggison and Jeffry M Netter,…

1.3 Research works that provide solutions to ensuring enterprises’ right to equal treatment

To various extents, many research works have assessed the nature, scope and severity of inequality among enterprises and raised solutions to addressing certain aspects of enterprises’ right to equal treatment Typical works include: colloquium discussion by Dr Nguyen Minh Phong; Thematic

topic "Renovation of state management over các enterprises regardless of

economic sector” by Dr Tran Tien Cuong; “Beyond individual success stories: Promoting entrepreneurship though institutional reform";

"Competition, Corporate Governance, and Regulation in Central Asia'' by

Harry G Broadman; "Corporate Governance of Public Enterprises in

Transitional Economies" by Dominiquer Pannier and other relevant

documents originated from OECD such as: "OECD Corporate Governance

Working Papers, No 1", on the issue of "Competitive Neutrality and

State-Owned Enterprises: Challenges and Policy Options ", by Capobianco, A

and H Christiansen,…

1.4 General assessment of research works relevant to the

dissertation issues

1.4.1 Resolved issues to be learnt by the author

First, there exist various forms of inequality among enterprises in

Vietnam and in the world

Secondly, many factors are blamed for the inequality among enterprises,

including an underlying cause, i.e discriminatory legislations on enterprises

and law enforcement officers not abiding by the law

Thirdly, ensuring enterprises’ right to equal treatment is a principle of

the market economy

Fourthly, in many cases state intervention into the market with aims to

address market failure may result in inequality among enterprises

Fifthly, SOE reform should be promoted to eliminate preferential

treatment and privileges afforded to SOEs There should be relevant

mechanism to control monopoly enterprises

Sixthly, there exists a relation between corruption and discriminatory

treatment on enterprises in many countries, including Vietnam

Seventhly, priority and exemption, in certain cases, may be afforded to

enterprises entrusted with operation of services of national interests

1.4.2 Unresolved issues by relevant research works

First, most aforesaid research works are limited to addressing the

inequality between SOEs and private enterprises, between domestic and FDI

enterprises They fail to address the inequality among various types of

business entities There exists inequality among enterprises under the same

ownership or between domestic enterprises or FDI enterprises

Secondly, relevant research works are limited to mentioning certain

aspects of inequality among enterprises without providing a comprehensive

view to reflect true nature of inequality among enterprises

Thirdly, relevant research works tend to reflect the reality without

finding out the underlying causes of inequality among enterprises and causes

for the existence of discriminatory legislations

Fourthly, relevant research works have not mentioned the effects

caused by inequality among enterprises on the economy and society as a way to recognize the significance for ensuring enterprises’ right to equal

treatment

Fifthly, no research works have clarified the nature, concept,

characteristics and assessment criteria of equality among enterprises and

enterprises’ right to equal treatment

Sixthly, no research works have raised directions and comprehensive

solutions to ensuring enterprises’ right to equal treatment

1.4.3 Issues to be further addressed by the dissertation

- The dissertation will clarify the nature of equality and enterprises’

right to equal treatment to form a basis to assess the significance for ensuring enterprises’ right to equal treatment;

- The dissertation will provide research and assessment of legal effects

on ensuring enterprises’ right to equal treatment and elements that govern enterprises’ right to equal treatment;

- The dissertation will provide research and assessment of the reality of the existing legal system and law enforcement relevant to enterprises’ right

to equal treatment in Vietnam, identify causes and effects of inequality among enterprises in Vietnam;

- The dissertation will provide research and solutions to the improvement of the legal system relevant to enterprises’ right to equal

treatment in Vietnam

Chapter 2

THEORY ON ENTERPRISES’ RIGHT TO EQUAL TREATMENT

Chapter 2 is aimed to address the general theoretical issue of the right to

equality by businesses Towards that end, the chapter is focused on the

following matters:

2.1 Concept of equality among businesses

In this section, the dissertation is focused on three issues:

2.1.1 Concept of equality

There exist different concepts of the emergence and rationale for the

existence of equality The dissertation makes an approach to equality in

different perspectives: political, linguistic and sociological, whereby forming

general statements

Influenced by different socio-economic conditions, researchers have

different views on the causes for the emergence and rationale for the

existence of social inequality and equality However, their views are getting

improved towards further clarification of issue of social equality

Equality and justice are not exactly the same Equality is a broader

concept and encompasses justice Social justice is a precondition for social

equality In terms of meaning, social justice means corresponding status and

role, not equal positions or proportional correlation between rights and

obligations Meanwhile social equality both ensures the proportionality

between rights and obligations and equal treatment among different entities

To clarify the nature of equality, it is necessary to subject this concept to

systematic analysis In terms of content, the concept of equality is developed

from the concepts of evenness and justice in the following level:

Evenness: Social entities are subject to even interests and obligations in

mathematical terms (absolute evenness)

Justice: Social entities are treated relevantly This relevancy means

proportionality between social obligations, i.e contribution to the society,

and interests, i.e benefit from the society

Equality: Social entities are treated on equal terms without exception

That means all entities, in the same condition and context, are subject to the same rights and obligations By contrast, in different condition and context, they are treated differently in accordance with the principle of proportionality between right and obligation, without discrimination Given such analysis, equality is a concept that refers to social relations

assuming following characteristics:

First, equality expresses the proportionality between rights and obligations Secondly, equality requires equal treatment to all entities that are under

the same condition, without exception

Thirdly, equality is a concept with relativity nature (it reflects social

conceptions in particular stages, measuring the rights and obligations in

social relations It is not an absolute concept)

2.1.2 Concept of equality among enterprises

The term equality among enterprises is defined to be limited to the

business circle, not to include (cover) other social entities Equality among enterprises is not exactly the same as equality in certain business operations Instead, it is the equality throughout the life cycle of an enterprise, i.e equality in business registration, business operation and dissolution or bankruptcy

In terms of content, equality among enterprises does not mean that all enterprises are subject to the same rights and obligations in any conditions but that in the same conditions they are treated the same In the context where different entities contribute at different levels and have different effects on the society, equality among enterprises means proportionality

between rights and obligations Therefore, equality among enterprises is

interpreted as all businesses, in the same condition, being subject to the same rights and obligations

Equality among enterprises is identified with two criteria as follows:

First, proportionality between rights and obligations afforded to enterprises Secondly, non-exemptibility Any businesses enjoying the same

condition are subject to the same rights and obligations

2.1.3 Characteristics of equality among enterprises

Like social equality, equality among enterprises denotes a social

conception and governed by certain socio-economic conditions Therefore,

equality among enterprises is characterized as: (i) not being the same as

equality in business, (ii) universality (equality at any time, anywhere, and in

any relation); and (iii) relativity nature

2.2 Concept of enterprises’ right to equal treatment

Characterized by the operation for profit, enterprises should be

subjected to healthy competition in accordance with the market law Fair

competition induces enterprises to rely on their own capacity to run business

Business operation has multiplying effects: not only on the enterprise itself

but also on other entities The state benefits from profitable business

operation by taxes Laborers benefit by being employed Consumers benefit

in that their demands are met with high quality and cheap commodities and

services Therefore, in a society where enterprises are operating, other social

entities advocate enterprises’ right to equal treatment to serve their own

interests However, public opinions only can not bring about equality for

enterprises at anytime, anywhere Therefore, enterprises’ right to equal

treatment should be recognized and protected by the state and laws Once

recognized, enterprises have the right to operate in accordance with the law

and request their rights to be respected by other social entities

Components of enterprises’ right to equal treatment: Enterprises’ right

to equal treatment is judged and recognized by the society and the State by

means of law Enterprises’ right to equal treatment includes following

components: (i) Equality in business registration (in terms of procedure,

condition, time…); (ii) Equality in business operation: access to capital,

land, natural resources, labor, contract settlement, and dispute settlement;

(iii) Equality in the dissolution and bankruptcy: procedure, condition, time…

2.3 Significance of enterprises’ right to equal treatment

Enabling the right to equal treatment is essential for enterprises to

operate in accordance with the law of free business and fair competition In

social and economic terms, enabling enterprises’ right to equal treatment will: (i) help form a healthy competition environment; (ii) facilitate enterprises autonomy; (iii) promote economic development and (iv) help

enterprises’ capacity be truly assessed by the society

2.4 The role of the law on equality among enterprises

2.4.1 Concept of the law on equality among enterprises

The law on equality among enterprises in Vietnam does not exist as an independent institution but is present in many legislations

The law on equality among enterprises is the combination of legislations that regulate enterprises’ operation in accordance with the principle of equal right and obligation among all enterprises Contribution

is proportional to benefit and violation is proportional to liability

Contents of the law on equality among enterprises include:

- Regulations on the principle for ensuring the right to equal treatment among enterprises;

- Regulations on the scope in which the right to equal treatment among enterprises is ensured: equality is ensure throughout the process of establishment, operation (after establishment) and dissolution, bankruptcy and withdrawal from the market;

- Regulations on equal sanctions on violating enterprises (the same sanction is imposed on the same violation without prejudice against private enterprises or in favor of SOEs);

- Regulations on equal measures that can be used by enterprises to protect their own legitimate right and interest (court, arbitration, solicitor or self defense);

In addition, the law on equality among enterprises includes regulations that settle common requirements for ensuring the right to equal treatment among enterprises as well as justice in economic development and support

to SMEs,…

2.4.2 Legal effects on ensuring enterprises’ right to equal treatment

The role of the law in ensuring enterprises’ right to equal treatment is

seen from two perspectives: Law as a tool to recognize enterprises’ right to

equal treatment and as a tool to provide for means to ensure enterprises’

right to equal treatment

2.5 Factors that govern the legal system and law enforcement

relevant to enterprises’ right to equal treatment

Whether enterprises’ right to equal treatment is exercisable or not rests

with many factors However, identifying factors that govern the legal system

and law enforcement relevant to enterprises’ right to equal treatment will act

as a basis to analyze the reality and find out causes, whereby realistic

solutions can be raised

2.5.1 Factors that govern the legal system relevant to enterprises’

right to equal treatment

Development of legislations on enterprises’ right to equal treatment is

governed by both objective and subjective factors Major factors that govern

enterprises’ right to equal treatment include: (i) Characteristics of the

economy; (ii) Economic development level; (iii) The level of international

integration and (iv) The qualifications of businesspeople

2.5.2 Factors that govern law enforcement relevant to enterprises’

right to equal treatment

Law enforcement is human activity How legislations on enterprises’

right to equal treatment are enforced rests with factors that can govern the

behavior of executive agencies (enterprises, management agencies,

enterprises association…) Major factors that govern law enforcement

relevant to enterprises’ right to equal treatment include (i) Capacity of public

officials in charge of state management; (ii) Service ethics acquired by

public officials in charge of state management; (iii) Sense of responsibility

by enterprises in upholding enterprises’ right to equal treatment and (iv)

Participation by organizations, individuals and the society in safeguarding

enterprises’ right to equal treatment

Chapter 3

EXISTING LEGAL FRAMEWORK AND LAW ENFORCEMENT RELEVANT TO ENTERPRISES’ RIGHT TO EQUAL TREATMENT

IN VIETNAM

Chapter 3 is focused on the analysis and assessment of applicable legislations and law enforcement relevant to enterprises’ right to equal treatment in Vietnam, whereby detecting problems as well as causes and

effects of inequality among enterprises

3.1 Existing legal framework relevant to enterprises’ right to equal treatment in Vietnam

The dissertation reviews the legal system of Vietnam providing for enterprises’ right to equal treatment from the VI Party Congress Legislations governing enterprises’ right to equal treatment in Vietnam include: Constitution (1992) and revised Constitution in 2013, Law on Enterprises (1999), Competition Law (2004), Law on Enterprises (2005), Investment Law (2005), Commerce law (2005), Bankruptcy Law (2004), specialized laws and by-laws Upon general review of the legal system, the dissertation assesses existing legislations on enterprises’ right to equal

treatment from two perspectives: strengths and weaknesses

3.1.1 Strengths of existing legislations on enterprises’ right to equal treatment

In this section, the dissertation restates the Party’s guidelines on developing the market economy and creating an equal competition environment among business entities These guidelines have been institutionalized by the State Noteworthy strengths of the legal system are expressed in the following terms:

+ Existing legislations provide for basic principles of enterprises’ right

to equal treatment

+ Existing legislations provide for basic components of enterprises’ right to equal treatment