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HA NOI
PEOPLE’S COMMITTEE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 31/2012/QD-UBND
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Ha Noi, October 30, 2012
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DECISION
PROMULGATION OF REGULATION ON
"SUPPORTING
ENTERPRISES IN HANOI AREA TO BUILD AND DEVELOP BRAND"
HA NOI PEOPLE’S COMMITTEE
Pursuant to the Law on People’s Council and
People’s Committee dated November 26, 2003;
Pursuant to the State Budget Law, Decree No. 60/2003/ND-CP
dated June 06, 2003 of the Government and Circular No. 59/2003/TT-BTC dated
June 23, 2003 of the Ministry of Finance on the guidance of the implementation
of the State Budget Law;
Pursuant to the Commercial Law;
At
the proposal of the Hanoi Service of Industry and Trade in Report No.
1659/TTr-SCT dated June 7, 2012;
DECIDES:
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Article
2. This Decision takes effect 10 days after its signing. This Regulation
supersedes the Regulation on supporting enterprises in Hanoi area to build and
develop brand issued together issued together with Decision No. 91/2007/QD-UBND
dated August 16, 2007 of Hanoi People’s
Committee.
Article
3. Chief of the Secretariat of People’s
Committee; Director of the Services: Industry and Trade, Finance; Director of
Hanoi State Treasury; Director of Hanoi Radio and Television of Hanoi; Editor
in chief of newspapers: New Hanoi, Economic and Urban; Heads of organizations
and units involved; Directors of enterprises involved in the Regulation are
liable to execute this Decision. /.
ON BEHALF OF
PEOPLE’S COMMITTEE
PP. CHAIRMAN
VICE CHAIRMAN
Nguyen Van Suu
REGULATION
SUPPORTING
ENTERPRISES IN HANOI AREA TO BUILD AND DEVELOP BRAND
(Issued together with
Decision No. 31/2012/QD-UBND dated October 30,
2012 of the Hanoi City
People's Committee )
Chapter 1.
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Article 1. Purpose and scope of adjustment
This
regulation provides for the subject, content, process
and financial mechanisms to support enterprises in the city of Hanoi to build
and develop brand to improve the competitiveness of
enterprises on domestic and foreign markets, in accordance with the conditions
of international economic integration. This Regulation
applies to the enterprises participating in program, agencies managing and implementing the Regulation and the consulting agencies.
Article 2. Principles and methods of support
1. The
City shall support partial funding to
enterprises in building and developing brand
through projects and activities by the supported contents specified in detail in this Regulation. The enterprises
involved in this Regulation contribute a partial
fund. The enterprises are entitled to supporting regime to
build and develop brand under other central and
city mechanisms shall not be entitled to supporting policies in this regulation. The support is not implemented in the form
of direct funding to enterprises.
2. Method of support to enterprises shall comply with the
provisions of Article 5 of this Regulation.
Chapter 2.
SPECIFIC PROVISIONS
Article 3. Subjects supported
Enterprises of all economic sectors with business
registration certificate issued by the Hanoi Service of
Planning and Investment have their headquarters located in
the city of Hanoi, strictly abide by the provisions of
law, have the need to build and develop
product brand or corporate branding and simultaneously meet one of the following conditions:
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Manufacturing products in the list of major
industrial products of the city;
Having international quality
management certificate.
Article 4. Supporting content
1. Training of knowledge on
building and promoting brand with local and foreign
experts.
2. Lookup, determination and registration of protection of brand in the
territory of Vietnam and in the key export markets of the city.
3. Naming brand; logo design and the system of
corresponding brand identification signs for the corporate
brandings and product brands.
4. Consulting strategy to build and develop corporate brandings and product
brands.
5. Supporting
the marketing communication activities, promoting the corporate brandings and product brands on Television station, Central and Hanoi newspapers and on the website of large international transactions.
6. Supporting
enterprises in the struggle to protect trademarks, products and corporate brandings upon dispute or signs of
trademark violation, products and corporate brandings.
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1. Supporting level.
Based on the
actual deployment, the relevant financial regulations
of the State and the funding sources, the City People's Committee shall support funding for each content specified in
Article 4 of this Regulation, particularly as follows:
a) Clause 1,
Article 4: Supporting level up to
100% funding for training includes: Cost of hiring domestic
lecturers or foreign experts (expenses of
accommodation, traveling, airline tickets etc.),
translation expense (if any), venue, teaching
equipment and materials for students, drinking water, support for
students, stationery ... under the current regulations of
the State. These supporting contents shall be
organized by the Service of Industry and
Trade, and not transfer funds for
enterprises to organize themselves.
b) Clause 2, Article 4: Maximum supporting level up to 70% funding for one enterprise based on the
actual registration with the relevant agencies in the country and
abroad.
c) Clauses 3,
4, 5, 6, Article 4: Maximum supporting level for each
content is 70% funding but does not exceed 100 million dong for an enterprise / 1 supporting content.
d) Enterprises
have the right to register a lot of contents requesting support.
2. Supporting fund
Funds are
deducted from annual Trade Promotion expenditure
of the City, funds contributed by enterprises involved in Regulation and other legal funding sources as
prescribed by law.
3. Allotting and settling supporting fund
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b) The
enterprises funded shall prepare cost estimates for
the contents of work approved and settle funds allotted in accordance with the
City’s regulations.
c) The
enterprises supported with funds shall take responsibility before
law on the legality of the brand.
Article 6. Process of supporting
implementation
1. Notification of supporting contents
The Service of Industry and Trade
shall notify the supporting contents of the Regulation to businesses in the
area and post information on the newspapers and stations for the enterprises’
participation.
2. Selection of consulting unit:
On the basis of supporting contents in Article 4 of this Regulation,
the Service of Industry and Trade is responsible for the submission to the City
People's Committee to issue the decision to appoint consulting unit to implement the program.
The selection of the consulting unit must be based on the
following criteria: ensuring the legality of the consulting unit, having reputation, experience and expertise in the field of
consultancy, having ability to perform contents of the program.
3. Dossier for supporting request includes:
a) Application for registration of
supporting content requests shall be sent to the Service of Industry and Trade
(as prescribed form);
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c) Report of business results and certification of the tax authorities on
the implementation of the obligation to pay the State budget in the last two
years from the time of filing;
d) Business registration certificate issued by the Department of Planning
and Investment of Hanoi (valid copy).
e) A valid
copy of documents evidencing the enterprise is subject to support under the
provisions of Article 3 of this Regulation.
4. Verification of dossier for supporting
request
The Service of Industry and Trade shall
aggregate and collaborate with the Service of Finance to verify dossiers of
enterprises requesting registration in accordance with regulations and submit
them to the City People's Committee to make decision on the list of enterprises
receiving support, contents and funding level for each enterprise.
5. Procedures for implementation of supporting
process as follows:
a) The
Service of Industry and Trade shall notify and receive
dossier for supporting request of the enterprises
before March 31 annually.
b) The Service of Industry and
Trade shall aggregate list and collaborate with the Service of Finance to
verify and submit it to the City People’s Committee before April 30 annually.
c) The City People's Committee shall make
decision on the list of enterprises receiving support within 30 days from the
date of report of the two Services..
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- The Service of
Industry and Trade shall notify in writing to the enterprises approved and the consulting unit (within 5
days) after the decision of the City People's Committee.
- The Service of Industry and Trade and the
consulting unit shall sign a tripartite
contract specifying the rights and responsibilities of each party to carry out
the tasks assigned by the City People's Committee in the content of support
approved (within 15 days from the date of the Decision).
- After completing the consulting contents, the Service of Industry and Trade, enterprise and consulting
unit shall liquidate contracts, the completion time before November 25 annually
for the Service of Industry
and Trade to complete the procedure for liquidation and settlement as
prescribed.
6. When the enterprises join the program and
have new goods and products which need to build a brand immediately, they shall
be facilitated to reduce the time as specified in Clause 5 of this Article.
Chapter 3.
IMPLEMENTATION ORGANIZATION
Article 7. Responsibility
of the Service of Industry and Trade, Service of Finance, Newspapers and
stations of the City
1. Responsibility of the Service
of Industry and Trade
a) Being the agency assuming the prime responsibility
and deploy the implementation of the Regulation.
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c) Assuming the prime responsibility with the
Service of Finance to verify the list, content and level of support of
enterprises and submit them to the City People’s Committee for approval.
d) Summing up the implementation of biannual,
annual and irregular Regulation as required by the City People’s Committee and
urging the plan implementation of the units.
2. Responsibility of
the
Service of
Finance:
a) Coordinating with the Service of Industry
and Trade to assess the content and the supporting level for submission to the
City People's Committee for approval.
b) Guiding units to prepare funds using state
budget and implementing the process of payment and settlement procedures in
accordance with the provisions of the State.
3. Responsibility of Radio and Television
station and newspapers in Hanoi:
Coordinating with the Service of Industry and Trade to carry out
special subjects, reportage and other forms of propagation to introduce the
content of the Regulation; propagating and promoting corporate branding.
Article 8. Responsibility of the enterprises involved in Regulation and
consulting unit
1. Responsibility of the
enterprises involved in Regulation
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b) The
enterprises approved for support shall carry out the supporting contents with the Service of Industry and Trade and consulting units. The enterprises may request the
Service of Industry and Trade, Service
of Finance and consulting units to ensure the content and quality of
consultancy; promptly making proposal to the City People's Committee; Service
of Industry and Trade, Service of Finance if the consulting units carried out
the supporting contents without quality assurance and specified time.
2. Responsibility of consulting
unit
Coordinating with the
Service
of Industry and Trade and enterprises approved to deploy contents supported,
ensuring quality work results and rate of progress at the request of the
Service of Industry and Trade and the agreement with the enterprises to propose
to the Service of Industry
and Trade the solutions for the effective implementation of the program;
regularly making reports on the implementation of the Service of Industry and Trade and the results of the
work, the difficulties in the process of implementation; making payment and
settlement of expenditure of consultancy with the Service of Industry and Trade
and enterprises as prescribed after the enterprises have accepted the products;
Ensuring complete financial documents in accordance with the current
regulations of the State.
Article 9. Effect
Any problem arising in the course of
implementation should be promptly reported to the Service of
Industry and Trade for making report to the City People’s Committee for
consideration and decision.