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THE PRIME MINISTER
OF GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 236/2006/QD-TTg
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Hanoi, October 23, 2006
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DECISION
APPROVING THE
FIVE-YEAR (2006-2010) PLAN ON DEVELOPMENT OF SMALL- AND MEDIUM-SIZED
ENTERPRISES
THE
PRIME MINISTER
Pursuant to the
December 25, 2001 Law on Organization of the Government;
Pursuant to the Government's Decree No. 90/2001/ND-CP of November 23, 2001 on
support for development of small- and medium-sized enterprises;
At the proposal of the Planning and Investment Minister,
DECIDES:
Article
1.-
To approve the five-year (2006-2010) plan on development
of small- and medium-sized enterprises (SMEs) with the following principal
contents:
I.
VIEWPOINT ON DEVELOPMENT OF SMEs
1. To consistently
realize the policy on development of a multi-sector economy. All economic
sectors conducting business activities in accordance with law constitute
important components of the socialist-oriented market economy, joining together
in long-term development, cooperation and fair competition.
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3. To develop SMEs in
an active and sustainable manner toward higher quality, larger quantity and
economic efficiency, contributing to creating more jobs, eradicating hunger,
alleviating poverty and assuring social order and safety; to develop SMEs in
association with national targets and socio-economic development targets,
taking into account the conditions of each region or locality; to promote the
development of rural industries and traditional trade villages; to attach
importance to the development of SMEs in deep-lying and remote areas, areas
facing difficult socio-economic conditions; to prioritize the development of,
and provide supports for, SMEs owned by ethnic minority people, women or
disabled people; to attach importance to the development of SMEs that invest in
production of highly competitive products.
4. To gradually shift
the State's support activities from direct support to indirect support in order
to raise the capability of SMEs.
5. To associate
business activities with environmental protection and social order and safety
maintenance.
6. To raise the
awareness of administrations of all levels about the position and role of SMEs
in socio-economic development.
II.
OBJECTIVES OF DEVELOPMENT OF SMEs
1. General
objectives:
To accelerate the
growth rate of SMEs, create a fair competition environment, raise the national
competitiveness, and create favorable conditions for SMEs to make greater and
greater contributions to economic growth.
2. Specific
objectives:
a/ The number of
newly established SMEs will be around 320,000 (a year-on-year increase of
around 22%);
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c/ The ratio of SMEs
engaged in export activities will reach 3 - 6% of the total number of SMEs;
d/ Around 2.7 million
new jobs will be created in the 2006-2010 period;
e/ An additional
number of 165,000 laborers will be technically trained to work in SMEs.
III.
MAJOR TASKS
1. To further improve
and ensure the stability of the legal framework, reform administrative
procedures and financial policies in order to create an equal, transparent and
open investment and business environment for SMEs to develop.
2. To assess impacts
of policies on SMEs, periodically organize talks between state agencies and
SMEs, thereby guiding and responding to burning requirements for business
development.
3. To adjust the tax
system in an appropriate manner in order to encourage people to start their own
businesses, and reform the accounting regimes and reporting forms in the
direction of simplification in order to encourage enterprises to declare and
pay taxes voluntarily, facilitating tax payment by enterprises while combating
tax evasion.
4. To redress the
shortage of ground areas for production, and step up environmental protection
by elaborating and publicizing land use planning and plans; to create
conditions for the development of industrial parks and industrial complexes of
reasonable sizes and offer suitable land rent rates to SMEs; to support the
relocation of polluting SMEs from population areas and urban centers to
industrial parks or industrial complexes.
5. To revise and
supplement regulations in order to accelerate the setting up of credit
guarantee funds for SMEs in localities; to promote the development of banks of
various types and joint-stock commercial banks that exclusively serve SMEs,
including the development of financial leasing operation and the provision of
loans without mortgaged security assets to SMEs having feasible and efficient
projects, in order to satisfy their investment and business capital demands.
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7. To speed up the
building of an enterprise information system to serve as a basis for the
assessment of the actual state of SMEs, the formulation of policies and the
supply of information in service of production and business activities of
enterprises.
To organize the
education and popularization of business experience and examples of
determination to lawfully make fortunes among the population. To study the
experimental inclusion of business knowledge in the curricula of general
education schools, universities, technical secondary schools and vocational
schools in order to promote the business spirit, develop the entrepreneurs'
culture and gain the entire society's support for enterprises conducting
business in accordance with law.
8. To develop the
market of business development services (for both suppliers and demanders), and
perfect the legal environment for business development services, attaching
importance to the management of service quality. To encourage associations to
provide business development services, actively carry out programs on
assistance for development of SMEs and take part in the formulation of
mechanisms, policies and programs in support of SMEs in order to enhance their
role in providing assistance and representing legitimate interests of SMEs.
9. To raise the
efficiency of activities of coordinating assistance for the development of
SMEs, and enhance the role of the Council for Promotion of Development of SMEs;
to enhance the capacity of localities for management, promotion and development
of SMEs.
IV.
GROUPS OF SOLUTIONS
1. Group 1:
Simplification of regulations to facilitate the business registration, market
entry and activities of enterprises.
2. Group 2: Creation
of conditions for SMEs to have ground areas for their production.
3. Group 3: Creation
of favorable conditions for SMEs to get access to capital sources, giving
priority to enterprises producing export goods and goods with high added
values.
4. Group 4:
Formulation of programs on assistance for raising the capacity and improving
the competitiveness of SMEs.
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6. Group 6: Creation
of a socio-psychological environment favorable for the sector of SMEs.
7. Group 7:
Management of implementation of the plan on development of SMEs in the
2006-2010 period.
The groups of
solutions and responsible implementing agencies are specified in the Appendix
to this Decision.
V.
ORGANIZATION OF IMPLEMENTATION
In order to organize
the implementation of the 2006-2010 five-year plan on development of SMEs,
ministries, branches and localities shall integrate programs on supports for
development of SMEs with national target programs as well as their specific
target projects and programs with a view to efficiently using the resources.
At the central level:
1. The Council for
Promotion of Development of SMEs shall act as the general coordinator in the
course of implementation of this plan and assess the implementation of this
plan by responsible implementing agencies in ministries, branches and
localities. Its tasks include:
a/ Overseeing
responsible implementing agencies and reporting on problems arising in the
course of plan implementation;
b/ Proposing to the
Prime Minister necessary changes in or adjustments to programs of action or
groups of solutions to address problems that arise in the course of
implementation and make the plan infeasible and behind the set objectives;
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2. The Finance
Ministry shall assume the prime responsibility for, and coordinate with the
Planning and Investment Ministry in, synthesizing and elaborating plans on
state budget funds for realization of solutions set forth in the program of
action for the plan on development of SMEs according to regulations.
3. Ministries and
branches shall prepare conditions for applying each solution as scheduled.
At the provincial
level:
1. Provincial-level
People's Committees shall work out their own plans on development of SMEs,
plans of action and implementation schedules; coordinate with ministries and
branches in developing SMEs in their localities; and arrange personnel and
allocate annual budget funds for implementation of those plans in their
provinces.
2. Provincial-level
coordinating committees for implementation of plans on development of SMEs
shall be set up under provincial-level People's Committees and headed by vice
presidents of provincial-level People's Committees. Members of a
provincial-level coordinating committee for implementation of plans on
development of SMEs include representatives of relevant provincial services and
enterprises' associations in the province, and the director of the provincial
Planning and Investment Service acts as its permanent secretary.
3. Tasks of the
provincial-level coordinating committees for implementation of plans on
development of SMEs and their permanent secretaries are decided by
provincial-level People's Committees.
4. Annually,
provincial-level People's Committees shall send reports on implementation of
plans on development of SMEs to the Planning and Investment Ministry for
summing up and subsequently reporting to the Prime Minister.
Article
2.-
This Decision takes effect 15 days after its publication
in "CONG BAO."
Article
3.-
The Chairman of the Council for Promotion of Development
of SMEs, ministers, heads of ministerial-level agencies, heads of
government-attached agencies, and presidents of People's Committees of
provinces and centrally run cities shall implement this Decision.
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APPENDIX
FIVE-YEAR
(2006-2010) PROGRAM OF ACTION FOR DEVELOPMENT OF SMEs
(Promulgated together with the Prime Minister’s Decision No. 236/2006/QD-TTg
of October 23, 2006)
Solution group 1: Simplification of
administrative procedures to facilitate business registration, market entry
and activities of enterprises
Specific tasks
Responsible agencies
Results
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Solution 1: Improving the business registration
process
1.1. Elaborating a scheme on organization
of the national system of business registries with uniform professional
operations, equal operation funding, organizational apparatus, payrolls and
personnel
Ministry of Planning and Investment (MPI)
assuming the prime responsibility and coordinating with Ministry of Home
Affairs (MoHA) and the Ministry of Justice (MoJ)
Scheme on the national system of business
registries
2008
1.2. Applying common identification number
for business registration, statistics and tax payment
MPI assuming the prime responsibility and
coordinating with Ministry of Finance (MoF) and General Statistics Office
(GSO)
Scheme on common identification numbers for
nationwide application
2008
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MPI assuming the prime responsibility and
coordinating with ministries, branches and provincial People’s Committees
Formation of a national system of
information on business registration
2008
1.4. Reviewing and evaluating dossiers,
procedures and steps of business registration, seal carving, registration of
tax identification numbers
MPI assuming the prime responsibility and
coordinating with MoHA, MoF, MoJ and Ministry of Public Security (MoPS)
Scheme on formulation of “one-stop shop”
mechanism in provinces and cities
2006-2008
Solution 2: Specifying business
conditions for domains not yet subject to business conditions
Studying, elaborating and submitting to the Government
for promulgation legal documents on conditional business domains and business
conditions for branches and trades not yet governed by any guiding documents.
Specifically:
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- Providing for issuance and management of
issuance of unlisted securities to the public...
MoF
MoF
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Issuance of a decree
Issuance of a decree
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2007
Solution 3: Adjusting regulations
concerning commencement of operations after business registration
3.1. Studying amendments to Decree No.
58/2001/ND-CP on management and use of seals, the section concerning seals of
enterprises
MoPS
Amendments and supplements to Decree No.
58/2001/ND-CP
2007
3.2. Studying amendments and supplements to
Decree No. 89/2002/ND-CP in the direction of encouraging enterprises to print
invoices by themselves and make registrations at tax offices, in order to
raise autonomy and accountability of enterprises in transactions
MoF
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2007
3.3. Studying and elaborating documents
guiding ministries and provincial People’s Committees in performing the
function of providing legal aid to enterprises
MoJ
Issuance of a decree and guiding documents
2007
Solution 4: Perfecting legal provisions
on commercial transactions
4.1. Enhancing the enforcement of the 2003
Ordinance on Commercial Arbitration
MoJ
Establishment of two more arbitration
centers, bringing the total number of arbitration centers to seven
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4.2. Studying, elaborating and promulgating
the Law on Notary Public in order to create a sufficient legal ground for
notarization of documents in transactions, settlement of disputes...
MoJ
Promulgation of the Law on Notary Public
2007 - 2008
4.3. Drafting the Ordinance on Registration
of Security Transactions, in order to unify legal provisions on registration
of security transactions, regardless of immovables or movables, to build a
uniform national database on security transactions, publicize and determine
priority order of payment, simultaneously effective to third parties;
organizing concentrated registration of security transactions by a national
registration system, thus helping individuals and organizations contact
registries easily and get access to information on security transactions at a
sole address; clearly defining validity of registrations of security
transactions
MoJ
Draft Ordinance on Security Transactions
for submission to the National Assembly Standing Committee
2007 - 2008
4.4. Further elaborating and perfecting
provisions on contracts in such specialized laws as the Law on Credit
Institutions, the Maritime Law, the Aviation Law, the Petroleum Law, the
Insurance Business Law, the Construction Law, etc., in order to govern
particular issues
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Issuance of documents guiding the
performance of contracts in domains of particular nature
2006-2010
4.5. Amending and supplementing regulations
on loan guarantee mechanisms to make them compliant with the provisions of
the Civil Code on mortgage and pledge
MoJ assuming the prime responsibility and
coordinating with State Bank
Issuance of new regulations on security
transactions
2007
4.6. Further studying amendments and
supplements to the 2004 Bankruptcy Law in order to redress its shortcomings
in the direction of broadening the application of bankruptcy procedures to
all business entities, regardless of individuals, households or enterprises;
allowing secured creditors to file petitions to request the opening of
bankruptcy procedures; reducing the State’s intervention in the process of
bankruptcy settlement; enhancing the autonomy and right to self-determination
of involved parties in the course of bankruptcy settlement
MoJ
Specific proposals on amendments and
supplements to the Bankruptcy Law
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Solution 5: Perfecting regulations
on accounting regime and financial statements
5.1. Broadening the scope and subjects of
application to cover SMEs. Studying and developing simple accounting methods
applicable to small-sized enterprises with low management level; simplifying
the system of accounts
MoF
Promulgation of amended and supplemented
regulations
2007
5.2. Amending and supplementing Decision
No. 1177/TC/QD/CDKT of December 23, 1996, and Decision No. 144/2001/QD-BTC in
the direction of simplifying forms of financial statements of enterprises
MoF
Promulgation of amended and supplemented
regulations
2007
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MoF
Promulgation of amended and supplemented
regulations
2007
Solution 6: Perfecting tax-related
regulations
6.1. Amending and supplementing regulations
on enterprise income tax in the direction of expanding the scope of
taxpayers; simplifying tax calculation methods and bases; reducing cases
eligible for tax preferences in order to simplify the preferential policy and
give opportunities to SMEs to get easy access to and enjoy preferences
MoF
Promulgation of amended and supplemented
regulations
2008
6.2. Narrowing down subjects paying
enterprise income tax by the presumptive method in order to encourage
presumptive tax payers to make business registrations under the Enterprise
Law
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Promulgation of amended and supplemented
regulations
2008
6.3. Broadening the application scope of
the mechanism of self-assessment and payment of taxes by taxpayers in the
direction of clearly defining rights and responsibilities of tax offices,
taxpayers and concerned organizations and individuals in the course of tax
payment and collection
MoF
Promulgation of amended and supplemented
regulations
2007
6.4. Studying and supplementing
regulations on depreciation of fixed assets in the direction of permitting
the application of accumulative depreciation in order to encourage enterprises,
including SMEs, to renew machinery, equipment and technology
MoF
Promulgation of amended and supplemented
regulations
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6.5. Amending and supplementing decrees and
circulars guiding the implementation of the Customs Law in the direction of
simplifying customs procedures and clearance process for goods, making public
export and import tariffs, creating favorable conditions for SMEs to make
declarations, application of goods codes and prices by themselves
MoF
Promulgation of amended and supplemented
regulations
2006 - 2010
Solution 7: Perfecting regulations on
technology
7.1. Studying and drafting the Bill on
Quality of Products and guiding decree(s)
MoST
Bill on Quality of Products and draft
guiding decree(s)
2007
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MoST
Promulgation of regulations
2009
Solution group 2: Creation of
conditions for SMEs to have ground areas for their production
Solution 8: Perfecting policies on land
8.1. Establishing a national system of land
registries in order to speed up the grant of land use right certificates and
encourage the registration of land transactions
Ministry of Natural Resources and
Environment (MoNRE)
Establishment of land registries in
provinces
2008
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MoNRE, MoF, provincial-level People’s
Committees
Land use planning
2010
8.3. Supporting SMEs in relocating their
polluting production and business establishments from urban centers or
population areas by permitting the conversion of rights to use land from
production land to residential land for the purpose of selling such land and
paying relocation expenses
MoNRE
Promulgation of appropriate amended and
supplemented regulations
2006 - 2007
8.4. Making statistics on and recovering
barren and unused land or land used for improper purposes, in order to lease
such land areas to enterprises
MoNRE and local People’s Committees
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2008
Solution group 3: Creation of
conditions for SMEs to get access to financial sources
Solution 9: Raising capability of SMEs to
get access to financial sources
9.1. Submitting to the Government for
issuance a Resolution on a number of credit solutions for regions II and III
of mountainous areas, islands, areas densely inhabited by Khmer people,
traders, and communes covered by Program 135 (areas with difficult
conditions) in the direction of separating social policy credit from
commercial credit: the Social Policy Bank and the Development Bank provide
preferential credits to areas with difficult conditions; commercial banks
provide loans under commercial credit mechanism applicable to areas with
difficult conditions.
State Bank
Amendments and supplements to regulations
on credit supports, social policy banks and commercial banks
2006
9.2. Studying amendments to the Regulation
on establishment and operation of the Credit Guarantee Fund for SMEs
MoF
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2007
9.3. Studying and promulgating the
Regulation on establishment and operation of the Venture Fund (provided for
in Decree No. 99/2003/ND-CP promulgating the Regulation on hi-tech parks)
MoST coordinating with MoF
Issuance of guiding documents
2006
Solution group 4: Raising of
competitiveness of SMEs
Solution 10: Maximizing positive impacts of
WTO entry
Maximization of positive impacts of WTO
entry covers evaluation of goods items of the highest exportability,
selection of priority commodity groups, provision of supports for raising
competitiveness in the 2006 - 2010 period, with the following two principal
contents:
Content 1: Evaluation of commodity items of
the highest exportability and selection of 4 most competitive commodity
groups, including:
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- Selection of the most competitive
commodity group from selected commodity groups when Vietnam becomes a WTO member;
- Advertisement for selected groups of
goods of SMEs;
- Elevation of knowledge about
international standards of SMEs producing and trading in selected commodity
groups.
Content 2: Providing supports for 4
selected commodity groups, covering:
- Providing services of technology
forecast, training and consultancy to SMEs, providing supports for raising
technical capacity, productivity, quality and competitiveness of products and
services
- Raising the capability of consultants,
organizations providing training service, business development service...;
- Providing supports for development of
linkups between branches or enterprises;
- Providing supports for export of goods of
the selected groups
Ministry of Trade (MoT) in coordination
with branch-managing ministries
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Selection of 4 priority commodity groups
for implementation of programs on assistance for raising competitiveness of
SMEs
- 500 SMEs in each commodity group are
covered by the program
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- Development of 10 linkups for each branch
- 1,000 SMEs in each commodity group
eligible for export supports
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2007 – 2010
Solution 11: Assisting the development of
SMEs in areas with difficult conditions or in ethnic minority areas in order
to create more jobs in these areas
11.1. Disseminating legal information on
enterprises
MoJ
Most difficult provinces
2007
11.2. Training people who start their own
businesses and administer their business
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Training of 5,000 people in the most
difficult provinces
2006 - 2010
11.3. Providing supports for raising
competitiveness of SMEs operating in areas with difficult conditions and in
ethnic minority areas
MoT
Provision of supports for 1,000 SMEs in the
most difficult provinces
2007 - 2010
11.4. Providing supports for, raising the
number and quality of consultants, training organizations and enterprises
operating in areas with difficult conditions and in ethnic minority areas
MPI
Development of 10 consulting and training
organizations in the most difficult provinces
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Solution group 5: Development of
human resources to satisfy requirements of development of SMEs
Solution 12: Developing the labor market
12.1. Studying and renewing contents,
programs and methods of training at universities, colleges and vocational
schools in the direction of satisfying requirements of production, business
and service activities, providing learners with professional knowledge,
practicing skills and raising their sense of responsibility; quickly
introducing information technology as a training major and applying it to the
management of training activities; promoting association between
universities, colleges, vocational schools and enterprises in order to
improve practicing skills of trainees after graduation
Ministry of Education and Training (MoET)
and Ministry of Labor, War Invalids and Social Affairs (MoLISA)
Elaboration of implementation plans
2008
12.2. Reviewing, adjusting and
supplementing the planning on the network of vocational establishments in the
direction of socialization
MoLISA
Adjustments to the planning on vocational
establishments
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12.3. Decentralizing the grant of permits
for establishment of job-training centers
MoLISA
Promulgation of amended and supplemented
regulations
2007
12.4. Assessing existing forms of
vocational education before proposing reforms to raise efficiency of these
activities
MoLISA coordinating with MoET
Assessment of existing methods of technical
job training
2008
Solution group 6: Creation of a
socio-psychological environment favorable for the sector of SMEs
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Intensifying the communication and
dissemination of knowledge about SMEs to improve the awareness of
administrations at all levels and population communities of these enterprises
Ministry of Culture and Information
Broadcasting of communication and
dissemination programs, printing of documents, organization of forums
2006-2010
Solution 14: Educating business culture in
universities, colleges, professional secondary schools and vocational schools
Including a number of non-compulsory
specialized subjects on enterprises in training curricular of universities,
colleges, professional secondary schools and vocational schools
MoET and MoLISA
Inclusion of specialized subjects on
business in training curricula
2007
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15.1. Studying amendments and supplements
to Decree No. 90/2001/ND-CP of November 23, 2001
MPI assuming the prime responsibility and
coordinating with other ministries and branches
A decree amending and supplementing Decree
No. 90/2001/ND-CP
2007
15.2. Perfecting the unified system of
collection and processing of information and statistics on SMEs
GSO, MPI and MoF
Issuance of guiding documents
2007
15.3. Coordinating international assistance
activities and creating conditions for concerned parties in selected branches
to get access to the assistance
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Increase of total ODA capital and
non-refundable aids for the assistance of SMEs
2006 - 2010