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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
134/2004/ND-CP
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Hanoi,
June 9, 2004
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DECREE
ENCOURAGING THE DEVELOPMENT OF RURAL INDUSTRY
THE GOVERNMENT
Pursuant to the Law on Organization
of the Government of December 25, 2001;
At the proposal of the Minister of Industry,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Objectives of industrial promotion activities
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1. To encourage and mobilize
domestic and foreign resources to participate in, or support organizations and
individuals to invest in, rural industrial production and industrial promotion
services under the industrial development plannings of the whole country and
each locality.
2. To contribute to economic
restructure along the direction of industrialization and modernization, first
of all agricultural and rural industrialization, create jobs, increase incomes,
and re-distribute social labor.
3. To support, and create
conditions for, organizations and individuals of all economic sectors to invest
in the development of rural industrial production in a sustainable manner,
raise the competitiveness and efficiently implement international economic
integration roadmap.
Article 2.-
Scope and subjects of application
1. Organizations and individuals
directly engaged in industrial investment and production in rural districts,
provincial towns, district townships and communes (hereinafter referred to as
rural industrial production establishments), including:
a/ Small- and medium-sized
enterprises set up and operating under the Law on State Enterprises;
b/ Small- and medium-sized
enterprises set up and operating under the Enterprise Law;
c/ Cooperatives set up and
operating under the Cooperative Law;
d/ Individual business
households defined by the Government's Decree No. 02/2000/ND-CP of February 3,
2000 on business registration.
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Article 3.-
Industrial promotion activities' contents
1. To guide and support
enterprise-founding organizations and individuals to formulate investment
projects on rural industrial development, seek production grounds, recruit and
train labor, mobilize capital, apply for investment preferences and other
administrative procedures strictly according to law provisions, which are in
line with regional, territorial and local industrial development plannings.
2. To guide and support rural
industrial production establishments in raising the management capability,
rationalizing production and reducing production costs.
3. To guide and advise rural
industrial production establishments to invest in the building of new
production chains, expand production, renew and apply scientific and
technological advances, raise the production capability, manage product quality
and protect the environment.
4. To organize occupational
training, handing-down and development.
5. To support information
provision, marketing, seeking of markets and business partners, and organize exhibitions,
fairs and product displays.
6. To organize activities of
exchanging experiences, study visits and surveys; to support, and create
conditions for, rural industrial production establishments to enter into joint
ventures and economic cooperation, and participate in production/business
associations.
7. To build models of technical
demonstrations, transfer technologies and provide scientific-technological
consultancy services in order to support organizations and individuals to
invest in rural industrial production.
Chapter II
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Article 4.-
Support for industrial promotion activities
The State shall adopt
appropriate policies and measures to support organizations and individuals directly
engaged in industrial promotion activities according to the contents prescribed
in Article 3 of this Decree as well as organizations and individuals directly
making production investment in production/business lines in the domains on the
list prescribed in Article 6 of this Decree.
Article 5.-
Encouraging the development of industrial promotion services
1. Industrial promotion services
mean service activities in consultancy, training, technology transfer,
information provision, trade promotion, and other activities related to rural
industrial production investment.
The State encourages
organizations and individuals to provide industrial promotion services for
realization of contents of the industrial promotion activities, prescribed in
Article 3 of this Decree.
2. Voluntary industrial
promotion organiza-tions mean organizations set up by mass organizations,
socio-economic organizations, agencies or individuals under law provisions for
non-profit purposes to carry out industrial promotion activities.
3. Industrial promotion service
organizations shall be professionally trained and entitled to participate in
industrial promotion programs, plans and projects organized by agencies in
charge of State management over industrial promotion activities.
Article 6.-
List of production/business lines entitled to industrial promotion policies
1. Organizations and individuals
investing in rural industrial production in the following production/business
lines shall be entitled to the industrial promotion policies prescribed in
Chapter II of this Decree:
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b/ Production of products with
the use of on-spot raw materials and intensive labor;
c/ Production of new products,
imports-substitute goods, export goods using mainly domestic raw materials;
d/ Production of products and
accessories, assembly and repair of agricultural mechanical machines;
e/ Small hydro-electric power,
electricity generation stations using new energies or recycled energies with
installation output of under 10,000 kW to supply electricity for rural,
deep-lying and remote areas;
f/ Production and processing of
details and semi-finished products, and provision of services to establishments
producing finished products;
g/ Investment of capital in
building infrastructures of industrial, small- and cottage-industry clusters
and locations as well as craft villages.
2. Basing itself on the
socio-economic development situation and the requirements of industrial
promotion work in each period, the Ministry of Industry shall submit to the
Prime Minister for decision the amendment and/or supplementation of
production/business lines entitled to the policies prescribed in Clause 1 of
this Article.
Article 7.-
Funding for industrial promotion activities
Funding for industrial promotion
activities includes national industrial promotion funding and local industrial
promotion fundings:
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2. Local industrial promotion
fundings shall be managed by the People's Committees of the provinces and
centrally-run cities (hereinafter referred to as the provincial-level People's
Committees) for use for industrial promotion activities carried out by
localities.
Article 8.-
National industrial promotion funding
1. National industrial promotion
funding is formed from the following sources:
a/ The annual State budget
allocations under plans;
b/ Donations and contributions
of domestic and foreign organizations and individuals;
c/ Other lawful capital sources
prescribed by law.
2. National industrial promotion
funding is used for the following purposes:
a/ To cover national industrial
promotion activities according to the contents prescribed in Article 3 of this
Decree;
b/ To support industrial
promotion activities of the provincial-level People's Committees under the
approved programs, plans and schemes;
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Article 9.-
Local industrial promotion fundings
1. Local industrial promotion
fundings are formed from the following sources:
a/ The annual allocations from budgets
of the provincial-level People's Committees;
b/ Aids and contributions of
domestic and foreign organizations and individuals;
c/ Support from national
industrial promotion funding for industrial promotion activities of the
provincial-level People's Committees under the approved programs, plans and
schemes;
c/ Other lawful capital sources
prescribed by law.
2. Local industrial promotion
fundings are used for the following purposes:
a/ To cover industrial promotion
activities organized for implementation by localities according to the contents
prescribed in Article 3 of this Decree;
b/ To cover other expenditures
in service of industrial promotion activities.
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1. National industrial promotion
funding plans and estimates shall be elaborated by the Ministry of Industry and
included into its annual budget estimates for submission to competent State
agencies according to law provisions.
2. Local industrial promotion
funding plans and estimates shall be elaborated by the provincial-level
People's Committees and included into the annual budget estimates of their
respective localities for submission for approval according to the current
regulations.
3. Annually, the finance bodies
of all levels shall base themselves on the approved budget plans and estimates
as well as implementation tempo to allocate them to agencies in charge of State
management over industrial promotion activities at the central and local levels.
4. National industrial promotion
funding and local industrial promotion fundings allocated from the budget,
which have not been used up in the plan year, shall be retained for use in the
subsequent year.
5. The Ministry of Finance shall
coordinate with the Ministry of Industry in guiding in detail the order for
elaborating, managing and using national industrial promotion funding and local
industrial promotion fundings.
Article
11.- Land
1. Rural industrial production
establishments shall be entitled to preferential policies in land rent as well
as land-use right transfer and mortgage according to law provisions on land.
2. Rural industrial production
establishments which wish to use land for relocating old, narrow or polluting
production establishments, or for building new production establishments shall
be prioritized by competent People's Committees in leasing land with the lowest
rentals.
3. The provincial-level People's
Committees shall have to elaborate land planning, set aside land fund and use land
rentals according to law provisions for investment in the construction of
technical infrastructures of industrial and small-and cottage-industry clusters
and locations as well as craft villages, and create favorable conditions for
rural industrial production establishments to invest in production.
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1. Rural industrial production
establishments shall be entitled to the preferential policies according to the
State's current regulations and the provisions of this Decree.
Agencies receiving and handling
dossiers of registration for investment preferences shall have to clearly
determine investment preference entitlements of rural industrial production
establishments in the investment preference certificates but must not request
any additional procedures.
2. Rural industrial production
establishments with efficient investment projects proposed by the provincial-
or district-level People's Committees shall be appraised and given investment
loans by the Development Assistance Fund according to regulations.
Article
13.- Information, market
1. The ministries, branches and
People's Committees of all levels shall create all conditions for rural
industrial production establishments to have prompt access to information on
prices, products and technologies of domestic and foreign markets.
2. Rural industrial production
establishments shall enjoy 50%-plus reduction of expenses for rent of ground
spaces at trade fairs or exhibitions for domestic products.
Article
14.- Scientific and technological policies
1. Rural industrial production
establishments, which use new technological equipment or new raw materials, or
invest in automation equipment and technologies, pollution source-treating and
-controling equipment and technologies, use clean energies, reduce greenhouse
effect, save energies and raise use efficiency thereof, or regenerate
industrial water sources, shall be entitled to the support policies under such
econo-technical programs as information technology, automation technology, bio-technology,
materials technology and energy saving.
2. The Ministry of Industry
shall assume the prime responsibility for, and coordinate with the
program-managing ministries in guiding the implementation of this stipulation.
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STATE MANAGEMENT OVER
INDUSTRIAL PROMOTION ACTIVITIES
Article
15.- Agencies in charge of State management over industrial promotion
activities
1. The Ministry of Industry
shall assist the Government in performing the function of State management over
industrial promotion activities according to the following contents:
a/ To elaborate and promulgate,
or propose competent agencies to promulgate, strategies, plannings and legal
documents on regional, branch and territorial rural industrial development;
b/ To elaborate national
industrial promotion programs and plans in each period and submit them to the
Prime Minister for approval;
c/ To organize the
implementation of, and guide localities in deploying, industrial promotion
activities according to the approved programs and plans;
d/ To manage the national
industrial promotion funding;
e/ To act as the main body in
coordinating with ministries, branches and localities in handling relevant
contents on investment, finance-credit, science-technology, market, land, labor
and environment in rural industrial production development;
f/ To organize activities of
disseminating experiences in production, management, scientific and
technological advances, investment consultancy, training, information supply,
exhibitions, fairs and advertising products of rural industrial production
establishments;
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h/ To monitor, evaluate and
report annually to the Prime Minister on implementation of industrial promotion
programs, plans and schemes;
i/ To organize emulation
activities and commend and/or reward organizations and individuals that record
splendid achievements in rural industrial production/business activities;
j/ To examine industrial
promotion activities as well as management and use of the national industrial
promotion funding and local industrial promotion fundings.
2. The apparatus and payroll for
performance of the function of State management over industrial promotion
activities prescribed in Clause 1 of this Article shall be decided by the
Minister of Industry according to his competence.
3. The ministries, the
ministerial-level agencies and the Government-attached agencies shall, within
the ambit of their respective tasks and powers, have to coordinate with the
Ministry of Industry in performing the function of State management over
industrial promotion activities under the Government's regulations.
4. The provincial-level People's
Committees performing the function of State management over industrial
promotion activities in their respective localities have the following tasks
and powers:
a/ To promulgate, or propose
competent agencies to promulgate, local industrial development strategies,
plannings and plans as well as legal documents on encouraging and prioritizing
local industrial development in accordance with law provisions;
b/ To approve, and organize the
implementation of, industrial promotion programs and plans in their respective
localities;
c/ To decide on forms of support
from local industrial promotion fundings for industrial promotion activities
according to the provisions of Article 3 of this Decree;
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e/ To elaborate, and submit to
the Ministry of Industry for synthesis, industrial promotion programs and plans
using national industrial promotion funding;
f/ To direct local functional
agencies in settling matters related to investment, finance-credit,
science-technology, market, land, labor and environment in service of rural
industrial development in their respective localities;
g/ To establish relations with
domestic and foreign organizations and individuals in order to attract capital
sources for local industrial promotion activities;
h/ To report monthly and
quarterly to the Ministry of Industry on the situation of local industrial
development and industrial promotion activities in their respective localities.
5. The provincial/municipal
Services of Industry shall assist the provincial-level People's Committees in
performing the function of State management over industrial promotion
activities in their respective localities.
Article
16.- Commendation
1. Organizations and individuals
that record achievements in supporting and encouraging the development of rural
industry shall be commended and/or rewarded according to the State's
regulations.
2. Annually, the Ministry of
Industry and the People's Committees of the provinces and centrally-run cities
shall organize reviews, drawing experiences, commending and/or rewarding
organizations and individuals that record splendid achievements in rural industrial
production development investment activities.
Chapter IV
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Article
17.- Implementation effect
This Decree takes effect 15 days
after its publication in the Official Gazette.
Article
18.- Implementation organization and responsibility
1. The Ministry of Industry
shall coordinate with the concerned ministries and branches in guiding the
implementation of this Decree.
2. The ministers, the heads of
the ministerial-level agencies, the heads of the Government-attached agencies
and the presidents of the provincial/municipal People's Committees shall have
to implement this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai