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THE
GOVERNMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.
45/2012/ND-CP
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Hanoi
, May 21, 2012
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DECREE
ON INDUSTRIAL ENCOURAGEMENT
Pursuant to the Law on Government
organization on December 25, 2001
At the proposal of the
Minister of Industry and Trade;
The Government promulgates
the Decree on industrial encouragement,
Chapter I
GENERAL PROVISIONS
Article 1.
Scope and subjects
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This Decree provides policies on
encouraging and supporting organizations and individuals in participating in
the rural industrial production development and employing cleaner industrial
production methods (hereinafter referred to as industrial encouragement).
2. Subjects of application
a/ Organizations and individuals
directly investing in industrial production and handicraft production in
districts, towns, townships, communes and wards affiliated to Type 2 and Type 3
cities, wards affiliated to Type 1 cities which have been converted from
communes within the previous 5 years, including small and medium enterprises,
cooperatives, artels and business households established and operated under law
(hereinafter referred to as rural industrial facilities).
b/ Industrial production
establishments employing cleaner production methods.
c/ Domestic or foreign
organizations and individuals engaged in the management of industrial
encouragement activities and performance of industrial encouragement services.
Article 2. Interpretation of terms
1. National industrial
encouragement program means a set of national and local industrial
encouragement contents and tasks in each period (usually of 5 years), which is
approved by the Prime Minister to encourage industrial and handicraft
development and cleaner industrial production, for the purpose of improving
production efficiency and contributing to socio-economic and labor
restructuring in localities.
2. Industrial encouragement plan
means a set of annual industrial encouragement schemes and tasks, which specify
implementation schedules and expected results to meet requirements of the
national industrial encouragement programs in each period. National industrial
encouragement plans shall be approved by the Minister of Industry and Trade
while local industrial encouragement plans shall be approved by Presidents of
Provincial People's Committee .
3. Industrial encouragement
scheme mean a scheme formulated to implement one or several industrial
encouragement activities specified in Article 4 of this Decree. An industrial
encouragement scheme has its own objectives, contents and beneficiaries with
definite implementation duration and funds.
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5. Cleaner industrial production
means the application of managerial and technological solutions aiming to raise
the use efficiency of natural resources, raw materials, fuels and supplies;
minimize emissions and reduce environmental pollution increase rate.
6. Industrial encouragement
services mean services that need to be performed in order to carry out
industrial encouragement activities specified in Article 4 of this Decree.
Article 3.
Objectives of industrial encouragement activities
1. Mobilizing domestic and
overseas resources to directly invest in or support organizations and
individuals engaged in industrial or handicraft production.
2. Contributing to economic
restructuring towards industrial and handicraft development, aiming to create
jobs, increase incomes, restructure the social workforce and contribute to the
building of a new countryside.
3. Encouraging and supporting
cleaner production at industrial production establishments, in order to improve
the use efficiency of natural resources, raw materials, fuels and supplies;
minimizing emissions and reducing pollution increase rate; and protecting and
improving the quality of the environment and human health.
4. Supporting organizations and
individuals of all economic sectors in investing in the sustainable development
of industrial and handicraft production for the purpose of raising the
competitiveness and efficiently implement the international economic
integration plan.
Chapter II
INDUSTRIAL ENCOURAGEMENT
POLICIES
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1. Providing vocational training
based on the demand of industrial establishments so as to create employments
and improve skills for employees. The vocational training form is mainly
short-term practical courses.
2. Providing supports for
raising management capability, the awareness about and capability of conducting
cleaner industrial production through consultancy, training and organization of
seminars, forums and domestic and overseas surveys, visits and study tours.
Supporting the establishment of rural industrial enterprises. Supporting the
expansion of consumption and export markets for rural industrial products.
3. Supporting the building of
technical demonstration models; transferring technologies and applying modern
machinery and scientific and technological advancement to industrial and
handicraft production; building experimental models of cleaner production.
4. Developing typical rural
industrial products through organizing votes for typical rural industrial
products. Supporting the organization of fairs and exhibitions of rural
industrial goods and handicrafts; assisting rural industrial facilities in
participating in fairs and exhibitions. Supporting the development and
registration of brands, investing in showrooms for marketing and product
display, and other trade promotion activities.
5. Providing consultancy helping
rural industrial facilities in: making investment and marketing projects;
conducting production, finance, accounting and human resource management;
establishing businesses; forming production and business associations;
designing products and packages; and applying new technologies and equipment.
Providing consultancy, guidance and support for organizations and individuals
in approaching investment incentives, preferential policies on land, science
and technology, financial, credit policies, and other preferential policies of
the State.
6. Providing information on
industrial development and industrial encouragement policies and market information,
disseminating experiences and typical models of production and business and
cleaner industrial production via television and radio programs, newsletters or
publications; building database and websites, leaflets and brochures or other
means of mass media.
7. Supporting economic
association and cooperation, developing industrial complexes, and moving
establishments causing environmental pollution:
a/ Supporting industrial
establishments in establishing professional associations. Supporting the
formation of associations among industrial enterprises;
b/ Supporting the formulation of
detailed planning on building infrastructure in and attracting investment to
the development of industrial complexes;
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8. International cooperation in
industrial encouragement, including:
a/ Formulating and participating
in industrial encouragement activities and cleaner production in international
cooperation programs and projects;
b/ Exchanging experience in
industrial encouragement, industrial development promotion, industrial complex
management and cleaner production with foreign organizations and individuals in
accordance with Vietnamese law;
c/ Building capability and
raising qualifications of cadres engaged in industrial encouragement under
international cooperation programs and overseas study programs and schemes.
9. Enhancing capability of
industrial encouragement management and organization
a/ Formulating programs,
preparing materials and organizing professional training courses for industrial
encouragement officers;
b/ Organizing domestic study
tours, seminars and conferences on summarizing industrial encouragement
activities; developing, maintaining and disseminating the database and websites
about industrial encouragement and cleaner production;
c/ Investing in the facilities
and working instruments for regional and provincial industrial encouragement
centers. Building and maintaining the network of industrial encouragement
collaborators;
d/ Formulating industrial
encouragement programs in each period and annual industrial encouragement
plans;
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Article 5.
List of industries and professions eligible for industrial encouragement
policies
1. Organizations and individuals
specified at Points a and b Clause 2 Article 1 of this Decree, that invest in
the following industries and professions, are eligible for industrial
encouragement policies under Article 4 of this Decree:
a/ Agricultural, forestry and
fishery product processing and food processing;
b/ Production of industrial
goods serving consumption and export, production of import substitutes;
c/ Chemical industry serving
agricultural and rural development. Building material production;
d/ Manufacture of products and
spare parts; assembly and repair of engineering, electrical and electronic and
IT machinery, equipment and instruments. Manufacture and processing of details
and semi-finished products and ancillary industries;
dd/ Production of handicrafts;
e/ Mineral extraction and
processing in localities facing difficult and extremely difficult
socio-economic conditions specified by law;
g/ Application of cleaner
production at industrial production establishments; treatment of environmental
pollution in industrial complexes and rural industrial production
establishments.
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Article 6.
Priority principles
1. Prioritized areas:
prioritizing programs and schemes implemented in localities facing difficult
and extremely difficult socio-economic conditions specified by law; the
communes in the national target program on building new countryside; highland,
island and bordering districts; ethnic areas and poor districts under the
Government's regulations.
2. Prioritized industries and
trades:
a/ Prioritizing programs and
schemes supporting the development of mechanics and chemical industries serving
agriculture and rural area; agricultural, forestry and fishery product
processing industries; ancillary industries; and the application of cleaner
industrial production;
b/ Prioritizing programs and
schemes supporting the development of typical rural industrial products;
products in the programs on developing key industrial products and pivotal
industries; national, regional, and local key industries; the manufacture of
products for export; and labor-intensive production using local raw materials.
3. Prioritizing budget for the
programs and schemes specified in Clauses 1 and 2 of this Article so as to
attract investment in industrial and handicraft development and cleaner
production to prioritized localities, industries and professions.
Chapter
III
ORGANIZATION OF THE
INDUSTRIAL ENCOURAGEMENT SYSTEM
Article 7.
Central industrial encouragement organizations
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2. The Minister of Industry and
Trade shall decide to set up some region-based national industrial
encouragement centers under the Local Industry Department to implement national
industrial encouragement programs and projects in regions.
Article 8.
Local industrial encouragement organizations
1. At the provincial level
(provinces and centrally run cities), Provincial People's Committees shall set
up Industrial encouragement Centers, which are public non-business units under
Provincial Industry and Trade Departments, to organize industrial encouragement
activities.
2. At the district level (urban
districts, rural districts, towns and cities), depending on specific
requirements and tasks, Provincial People's Committees shall consider and
decide to set up branches of Provincial industrial encouragement centers.
3. At communal level (communes,
wards and townships), depending on specific requirements and tasks, Provincial
People's Committees shall consider and decide to set up industrial
encouragement collaborator networks to implement industrial encouragement
activities in their respective communes.
Article 9.
Other industrial encouragement service providers
1. Other industrial
encouragement service providers are organizations and individuals other than
those specified in Articles 7 and 8 of this Decree that are capable of
providing industrial encouragement services.
2. Industrial encouragement
service providers shall be given professional training and may participate in
industrial encouragement programs, plans and schemes organized by state
management agencies in charge of industrial encouragement.
Article 10.
Regimes for industrial encouragement collaborators
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Chapter IV
INDUSTRIAL ENCOURAGEMENT
BUDGET
Article 11.
Budget for industrial encouragement activities
The budget for industrial
encouragement activities and the budget for applying cleaner industrial
production (hereinafter referred to as industrial encouragement budget) include
national industrial encouragement budget and local industrial encouragement
budget.
1. National industrial
encouragement budget is budget used for industrial encouragement activities
managed and organized by the Ministry of Industry and Trade.
2. Local industrial
encouragement budget is budget managed by provincial People’s Committees,
People's Committees of districts or communes, and used for industrial
encouragement activities implemented locally.
Article 12.
National industrial encouragement budget
1. National industrial
encouragement budget is funded by the following sources:
a/ Annual state budget
allocations under plans;
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c/ Other lawful capital sources
according to law.
2. National industrial
encouragement budget shall be used for:
a/ Expenses on national
industrial encouragement activities specified in Article 4 of this Decree;
b/ Expenses for national
industrial encouragement activities.
Article 13.
Local industrial encouragement budget
1. Local industrial
encouragement budget is funded by the following sources:
a/ Annual budget allocations of
provincial People’s Committees, People's Committees of districts or communes;
b/ Sponsorships and
contributions of domestic or overseas organizations and individuals;
c/ Other lawful capital sources
according to law.
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a/ Expenses on industrial
encouragement activities organized by localities in accordance with Article 4
of this Decree;
b/ Expenses on industrial
encouragement activities in localities.
Article 14.
Management of national and local industrial encouragement budget
1. The Ministry of Industry and
Trade shall estimate national industrial encouragement budget, then incorporate
them into its annual budget estimates, and submit to competent state agencies
as prescribed by laws.
2. Provincial People’s Committees,
People's Committees of districts or communes shall estimate local industrial
encouragement budget, then incorporate them in their annual budget estimates,
and submit to competent state agencies as prescribed by laws.
3. Annually, state management
agencies in charge of industrial encouragement shall make and send industrial
encouragement budget estimates to finance agencies at the same level for
incorporating into budget allocation plans for making submission to competent
state agencies for consideration and decision in accordance with the Law on
State budget .
4. In case national and local
industrial encouragement budget allocated from budgets are not yet used up, the
remaining amount may be transferred to the subsequent year for further spending
as prescribed by current provisions.
5. The Ministry of Finance be in
charge and cooperate with the Ministry of Industry and Trade in guiding the
procedures for estimating, managing and using of national and local industrial
encouragement budget.
Chapter V
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Article 15.
Responsibilities of ministries and sectors
1. The Ministry of Industry and
Trade shall assist the Government in performing the state management of
industrial encouragement as follows:
a/ Formulating and submitting
legal documents on industrial encouragement to competent agencies for
promulgation;
b/ Formulating national
industrial encouragement programs in each period for making submission to the
Prime Minister for approval. Organizing and guiding localities in implementing
industrial encouragement activities under approved programs;
c/ Formulating and organizing
the implementation of annual national industrial encouragement plans and
schemes, assuring their conformity with periodic national industrial
encouragement programs approved by the Prime Minister;
d/ Leading and cooperating with
other Ministries, sectors and localities in guiding and handling problems
related to industrial encouragement activities;
dd/ Cooperating with domestic and
foreign organizations and individuals in attracting capital and resources
serving industrial encouragement activities;
e/ Inspecting, settling
complaints and denunciations made during national industrial encouragement
activities;
g/ Monitoring, assessing,
summarizing, and send annual reports on the implementation of industrial
encouragement programs and plans nationwide to the Prime Minister.
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3. The Ministry of Home Affairs
shall be in charge and cooperate with the Ministry of Industry and Trade in,
guiding the functions, tasks, powers, organizational structures and payroll of
Provincial industrial encouragement centers.
4. Ministries, ministerial
agencies and governmental agencies shall cooperate with the Ministry of
Industry and Trade in performing the state management of industrial
encouragement activities within the ambit of their tasks and powers as
prescribed.
Article 16.
Responsibilities of Provincial People's Committees
1. Provincial People's
Committees shall perform the state management of industrial encouragement
activities in their localities and have the following tasks and powers:
a/ Formulating, amending and
promulgating strategies, policies and legal documents on industrial
encouragement in conformity with law and local realities;
b/ Formulating, approving and
organizing the implementation of local periodic industrial encouragement
programs and annual industrial encouragement programs and schemes;
c/ Making decisions on the forms
of providing supports from local industrial encouragement budget for industrial
encouragement activities specified in Article 4 of this Decree according to
law;
d/ Assuring local budget for
industrial encouragement activities in their localities under this Decree;
dd/ Developing and sending
industrial encouragement programs, plans and schemes eligible for national
industrial encouragement budget to the Ministry of Industry and Trade for
summarization;
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g/ Establishing relations with
domestic and overseas organizations and individuals to attract capital for
local industrial encouragement activities;
h/ Balancing local budget for
building offices and procuring equipment for Provincial industrial
encouragement centers according to regulations;
i/ Monitoring, assessing and
sending quarterly reports on local industrial encouragement activities to the
Ministry of Industry and Trade.
2. The Services of Industry and
Trade shall assist Provincial People's Committees in performing the state
management of local industrial encouragement activities.
Article 17.
Commendation and handling of violations
1. Annually, the Ministry of
Industry and Trade and Provincial People's Committees shall conduct final
reviews and evaluations, draw experiences and commend and reward organizations
and individuals having recorded outstanding achievements in industrial
encouragement activities.
2. Organizations and individuals
that violate this Decree shall be disciplined, liable to administrative
sanctions or criminal prosecution depending on the nature and extent of their
violations; and pay compensation for the damage caused law.
Chapter VI
IMPLEMENTATION
PROVISIONS
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This Decree takes effect on July
5,2012, and supersedes the Government's Decree No. 134/ 2004/ND-CP of June 9,
2004, on rural industry development encouragement.
Article 19.
Implementation responsibilities
1. The Ministry of Industry and Trade
shall guide and organize the implementation of this Decree.
2. Ministers, Heads of
ministerial-level agencies, Heads of Governmental agencies and Presidents of
Provincial People's Committees shall implement this Decree./.
FOR
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung