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MINISTRY
OF PLANNING AND INVESTMENT
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SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom – Happiness
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No.:
13/2015/TT-BKHDT
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Hanoi, 28/10/2015
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CIRCULAR
ISSUING
THE LIST OF AREAS ENTITLED TO THE PRIORITIZED ASSISTANCE AND CRITERIA FOR
SELECTION OF SUBJECTS ENTITLED TO THE PRIORITIZED ASSISTANCE OF DEVELOPMENT
FUND FOR SMALL AND MEDIUM-SIZED ENTERPRISES
Pursuant to the Investment Law dated 26/11/
2014;
Pursuant to the Enterprise Law dated 26/11/2014;
Pursuant to Decree No. 116/2008 / ND-CP dated
14/11/ 2008 of the Government defining the functions, tasks, powers and
organizational structure of the Ministry of Planning and Investment;
Pursuant to Decree No. 56/2009 / ND-CP dated
30/6/2009 of the Government on development assistance to small and medium-sized
enterprises;
Pursuant to Decision No. 601 / QD-TTg dated
April 17, 2013 by the Prime Minister on the establishment of the small and
medium-sized enterprise development Fund;
At the request of the Director of small and
medium-sized enterprise development Fund;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope of application
1. This Circular provides for the areas entitled to
the prioritized assistance and criteria for selection of subjects entitled to
the prioritized assistance of small and medium-sized enterprise development
Fund established under the Decision No. 601/QD-TTg dated 17/4/2013 of the Prime Minister (hereafter referred
to as Decision No. 601/QD-TTg).
2. Dossier and procedure for appraisal and decision
on loan from the Fund shall comply with the instructions of the Fund Management
Council.
Article 2. Subjects of
regulation
1. This Circular applies to:
a) The small and medium-sized enterprises established
under the regulations of law and meeting the criteria specified in Article 3 of
this Circular;
b) Small and medium-sized enterprise development
Fund (hereafter referred to as Fund);
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d) Other relevant bodies, organizations and
individuals.
2. This Circular does not
apply to the state-owned enterprises.
Article 3. Criteria for
identifying small and medium-sized enterprises
1. The small and medium-sized enterprises entitled
to the assistance from the Fund (hereafter referred to as Enterprise) are the
enterprises with size and business and production area specified in Clause 1,
Article 3 of Decree No. 56/2009/ND-CP
dated 30/6/2009 of the Government on assistance to the small and medium-sized
enterprises.
2. The scale and business and production sector of
the Enterprise specified in Clause 1 of this Article are defined as follows:
a) For the Enterprise with different business
lines, business and production sector of the Enterprise is defined by the
sector with highest total capital or total labor force. For newly-established
enterprises without their financial statement, the business and production
sector is defined by their business line which the Enterprise has registered
with the business registration body.
b) The total capital of the Enterprise is the total
capital or total assets in the balance sheet in the last yearly financial
statement of the Enterprise. For newly established Enterprise without financial
statement, the total capital is the charter capital specified in the
Certificate of enterprise registration.
c) A number of employees is the average employees
of the last financial year calculated by the average number of employee
specified in the monthly salary and wage payment sheet of the Enterprise. These
criteria do not apply to the newly-established enterprises.
Article 4. Principles of
assistance of Fund
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2. The enterprises meeting the criteria specified in
Article 3 and having investment project and business and production plan in the
fields specified in Article 5 and 6 of this Circular shall receive the loan
from the Fund on the principle of equality, openness and transparency.
Chapter II
LIST OF AREAS ENTITLED
TO THE PRIORITIZED ASSISTANCE AND CRITERIA FOR SELECTING SUBJECTS ENTITLED TO
THE PRIORITIZED ASSISTANCE
Article 5. List of areas
entitled to the prioritized assistance
1. The fund shall make prioritized loan to the
Enterprise having investment project and business and production plan under one
of the economic sectors classified according to the economic sector System of
Vietnam issued in Decision No. 10/2007/QD-TTg
dated 23/01/2007 of the Prime Minister, including:
a) Agriculture, forestry and fisheries;
b) Manufacturing and processing
industry;
c) Water supply, management and treatment of waste
and wastewater.
2. Based on the oriented development of small and
medium-sized enterprises approved by the Prime Minister from time to time, the
Fund shall develop the Program for assistance to Enterprise having feasible
investment projects and business and production plan of the areas specified in
Clause 1 of this Article.
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The Enterprise shall be entitled to capital from
the Fund when meeting the following criteria and conditions:
1. The criteria for small and medium-sized
enterprises specified in Article 3 of this Circular.
2. Has investment projects and business and
production plans specified in Clause 5 of this Article.
3. The conditions specified in Article 7 of
Decision No. 601/QD-TTg.
Article 7. Priority criteria
for selecting subjects entitled to the Fund’s assistance
1. In additions for loan specified in Article 6 of
this Circular, the Fund shall prioritize its loan to the Enterprise meeting at
least one of the following criteria:
a) Output products: making high quality products,
new materials and energy;
b) Renovation: Renovating the technical equipment
to increase the labor productivity, fabrication and use of new and high
technologies;
c) Management capacity: The enterprise manager’s
capacity and experience of management and operation as well as the enterprise’s
credit history and reputation.
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e) Environment: making energy-saving
and environmental-friendly products or products used in the field of
environmental protection; making or using clean technology and energy,
renewable energy; production activities with low energy consumption and low
emission, complying with regulations of law on environmental protection and
having measures to protect the environment sustainably.
2. The criteria specified in Clause 1 of this
Article are assessed by the scale stipulated in detail in the scoring Table
specified in Annex 1 issued with this Circular.
3. The Fund shall use this scoring Table as a basis
for assessing the prioritized assistance to the small and medium-sized
enterprises in the order from high to low.
Chapter III
IMPLEMENTATION ORGANIZATION
Article 8. Responsibility of
small and medium-sized enterprise development Fund
1. Issues the procedure for appraisal and decision
on loan from the Fund.
2. Inspects and monitors the banks in making loan
from the Fund’s entrusted capital.
3. Coordinates with the banks to perform duties
specified in Clause 2, Article 9 of this Circular.
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Article 9. Responsibility of
entrusted Bank for loan
1. Appraises the investment project and business
and production and loan plan to the Enterprise in accordance with the
provisions in this Circular.
2. Monitors, inspects and supervises the reality of
Enterprise’s loan capital utilization.
3. Complies with the other duties under the
Decision No. 601/QD-TTg.
Article 10. Responsibility of
Enterprise entitled to the Fund’s capital
1. Complies with the Fund and Bank’s conditions for
loan.
2. Uses loan capital with the right purpose and
effectiveness.
3. Fully, correctly and promptly provides
information and takes responsibility before law for the information and
documents related to the loan and reality of loan utilization for the Fund and
Bank.
4. Is subject to the inspection and monitoring from
the Fund and Bank over the loan capital utilization to carry out the approved
investment project and business and production plan.
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1. This Circular takes effect from 13/12/2015.
2. Any problem arising during implementation of
this Circular should be promptly reported to the Ministry of Planning and
Investment for study and settlement./.
MINISTER
Bui Quang Vinh
ANNEX I
SCORING TABLE OF CRITERIA FOR SELECTING THE
PRIORITIZED SUBJECTS TO ASSISTANCE
(Issued with Circular No. 13/2015/TT-BKHDT dated 28/10/2015 of the Ministry of Planning and Investment)
Criteria
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1. Output product (20 points)
Making high quality products, new materials and
energy
The Enterprise has explanations/certification of
making high quality products, new materials and energy in the business and
production project and plan.
20 if “yes”; 0 if “No”.
---/20
2. Renovation
(20 points)
Renovating the technical equipment to increase
the labor productivity, fabrication and use of new and high technologies;
The enterprise has explanations/certification
of renovation of technical equipment, use of new and high technologies
in the business and production project and plan.
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---/20
3. Enterprise’s
management and operation capacity (20 points)
Enterprise manager’s capacity and experience of
management and operation.
There is at least one member of Board of
Directors with 03 years of experience or more in the areas related to the recommended
project or 03 years of enterprise management or more
10 if “yes”; 0 if “No”.
---/10
Enterprise’s credit history and reputation
The Enterprise does not have debts of group 2 or
more in the last 12 months by the time of dossier review and approval and
does not have debt of group 3 or more in the last 36 months by the time of
dossier review and approval
10 if “yes”; 0 if “No”.
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4. Job
creation and gender factors (20 point maximally)
Business and production project and plan creating
many new jobs.
0 point if a number of jobs created from such
projects is under 50;
5 points if a number of jobs created from such
projects is from 50-100;
10 points if a number of jobs created from
such projects is from 100-150;
15 points if a number of jobs created from
such projects is over 100;
---/15
Business and production project and plan
employing a lot of female employees.
5 if the enterprise has the percentage of female
employees over or equal to 50%.
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---/5
5. Environment (20 point)
Project and plan to make energy-saving and environmental-friendly products or products used in the area of
environmental protection;
The enterprise has explanations/certification
of products meeting the criteria as energy-saving and environmental-friendly
products or products used in the area of environmental protection under the
current regulations of law;
10 if “Yes”; 0 if “No”.
---/10
Project and plan making or using clean technology
and energy, renewable energy; production with low energy consumption and low emission
and meeting the regulations of law on environmental protection and having
measures to protect the environment sustainably.
The enterprise has explanations/certification
of production/use of clean technology and energy, renewable energy; or has
explanations/certification of production with low energy consumption and low
emission and meeting the regulations of law on environmental protection and
having measures to protect the environment sustainably.
10 if “Yes”; 0 if “No”
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Total points
----/100