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MINISTRY
OF PLANNING AND INVESTMENT OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
06/2022/TT-BKHDT
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Hanoi,
May 10, 2022
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CIRCULAR
GUIDING DECREE NO. 80/2021/ND-CP DATED
AUGUST 26, 2021 OF THE GOVERNMENT ELABORATING LAW ON PROVISION OF ASSISTANCE
FOR SMALL AND MEDIUM ENTERPRISES
Pursuant to the
Law on Provision of Assistance for Small and Medium Enterprises dated June 12,
2017;
Pursuant to Decree
No. 80/2021/ND-CP dated August 26, 2021 of the Government elaborating Law on
Provision of Assistance for Small and Medium Enterprises;
Pursuant to
Decree No.86/2017/ND-CP dated July 25, 2017 of Government on functions, tasks,
powers, and organizational structure of Ministry of Planning and Investment;
At request of
Director of Enterprise Development Agency;
The Minister of
Planning and Investment promulgates Circular guiding Decree No. 80/2021/ND-CP
dated August 26, 2021 of the Government elaborating Law on Provision of
Assistance for Small and Medium Enterprises.
1. Scope: This
Circular guides Decree No. 80/2021/ND-CP dated August 26, 2021 of the
Government elaborating Law on Provision of Assistance for Small and Medium
Enterprises (hereinafter referred to as “SME”) regarding technical assistance
(not including Clause 5 Article 11 of Decree No. 80/2021/ND-CP); counseling;
human resource development (not including Clause 4 Article 14 of Decree No.
80/2021/ND-CP); assistance for business startup of SMEs; assistance for
participation of SMEs in industrial cluster and value chain; management of
assistance provided for SMEs.
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a) Enterprises
established, organized, operating in accordance with laws on enterprises, and
meeting regulations under Chapter II of Decree No. 80/2021/ND-CP regarding
criteria for identifying SMEs.
b) Ministries,
ministerial agencies, Governmental agencies, People’s Committees of provinces
and central-affiliated cities (hereinafter referred to as “provincial People’s
Committees”).
c) Agencies and
authorities providing assistance for SMEs.
d) Providers of
SMEs’ assistance products and services. In case the provider is an organization,
the organization must be established and operated in accordance with Vietnam’s
laws.
dd) Agencies,
organizations and individuals relating to the provision of assistance for SMEs.
Article 2. Definition
1. “number of
employed employees participating in social insurance in accordance with Clause
1 Article 7 of Decree No. 80/2021/ND-CP” refers to the total number of
employees signing indefinite term employment contracts and employees signing
fixed-term employment contracts under 36 months of SMEs participating in social
insurance. In which, employees signing fixed-term employment contracts under 36
months may have their social insurance paid by SMEs or other entities.
2. “SMEs
manager” refers to an individual managing an enterprise in accordance with
Clause 24 Article 4 of the Law on Enterprises No. 59/2020/QH14.
3. “SMEs in
area with extremely disadvantaged socio-economic conditions” refers to an
enterprise whose head office is located in any area under Appendix III of
Decree No. 31/2021/ND-CP dated March 26, 2021 of the Government elaborating and
guiding implementation of the Law on Investment.
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5. “startup
investment fund" refers to a fund created by donations of private
investors in Vietnam, foreign countries, and established in accordance with
Vietnam’s laws to finance business startup.
6. “electronic
document" refers to a document in electronic form that is created
online or from a physical document and adequately reflecting the contents of
the physical document.
7. “agencies and organizations providing assistance for SMEs” refer to agencies, entities, and public service providers
affiliated to ministries, ministerial agencies, Governmental agencies,
provincial People’s Committees, and public service providers affiliated to agencies,
entities affiliated to ministries, ministerial agencies, Governmental agencies,
provincial People’s Committees conducting activities relating to provision of
assistance for enterprise development.
1. Agencies and
organizations providing assistance for SMEs shall prioritize funding for SMEs
owned by women, SMEs employing a lot of female workers, and SMEs that are
social enterprises.
2. Agencies and
organizations providing assistance for SMEs shall rely on Article 5 of Decree
No. 80/2021/ND-CP to choose criteria for identifying micro, small, and medium
enterprises in order to provide the most beneficial assistance for SMEs.
3. Agencies and
organizations providing assistance SMEs shall identify scale of SMEs, SMEs
owned by women, SMEs employing a lot of female employees based on declaration
under Appendix 1 of Decree No. 80/2021/ND-CP. If information declared by SMEs
needs to be cross-checked, agencies and organizations providing assistance for
SMEs shall rely on the following documents:
a) In order to
verify scale of SMEs:
- Balance sheet
and income statement in financial statement.
- List of employees employed by SMEs together with respective proof of
social insurance payment. In case of employees who have their social insurance
paid by other entities, SMEs shall issue written confirmation regarding these
employees’ social insurance payment.
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c) In order to
verify that SMEs are owned by women: Agencies and organizations providing
assistance for SMEs shall look in capital contribution percentage of female
enterprise managers on National Business Registration Portal or shareholder
register in case of joint stock company.
4. SMEs may
propose multiple types of assistance in the same application for assistance.
SMEs are only allowed to submit application for one type of assistance to one
agency or organization providing assistance for SMEs at any given time.
5. SMEs are not
limited in terms of number of assistance instances or number of assistance
contracts for types of assistance calculated by million VND/year/enterprise or
million VND/year as long as maximum assistance percentage, quota under Decree
No. 80/2021/ND-CP.
6. Agencies,
organizations providing assistance for SMEs shall disclose SME assistance
information as follows:
a) Register
accounts on National information portal for SME assistance (hereinafter
referred to as “Web portal”) at https://business.gov.vn
and declare information in accordance with Point d Clause 5 Article 28 and
Clause 6 Article 29 of Decree No. 80/2021/ND-CP.
b) Disclose
information under Point a of this Clause and detail information on focal point,
methods of receiving and resolving assistance request of SMEs on website of
their agencies, entities; lists of SME assistance products and services
provided by their entities; database on SMEs provided with assistance and
relevant details.
7. Documents relating to request of SME assistance under Point b Clause
4 Article 32 of Decree No. 80/2021/ND-CP submitted to agencies, organizations
providing assistance for SMEs that are uncertified copies of original copies.
If necessary, agencies, organizations providing assistance for SMEs shall
request SMEs to provide original copies for cross-checking.
8. Forms,
schedules attached hereto, and application for assistance submitted by SMEs to
authorities can be in physical form (in person submission) or electronic form
(online submission) and be accompanied by original copies for cross-checking at
request. Electronic documents shall be stored in accordance with regulations
and law on storage and presented when necessary.
9. SMEs shall only receive counseling mentioned under Decree No.
80/2021/ND-CP and this Circular when they use counselors within counselor
network.
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3. Regarding types of assistance under Clause 2 Article 11; Clause 1
Article 22; Points b and c Clause 3 Article 22; Points b and c Clause 4 Article
25; Clause 5 Article 25 of Decree No. 80/2021/ND-CP: conform to field-specific
legislative documents guiding technical, economic standards and norms. If the
aforementioned regulations are not available, rely on work items specified
under quotation of suppliers on the market to ensure legitimacy, adequacy,
effectiveness, and fulfillment of SMEs’ demands.
Agencies and
organizations providing assistance for SMEs shall assistance SMEs in accordance
with Article 32 of Decree No. 80/2021/ND-CP , to be specific:
1. Compositions of written application include:
a) Declaration
using form under Appendix 1 attached to Decree No. 80/2021/ND-CP , which
specifies budget amount requested and quotation of the suppliers (if any).
b) Documents
relating to the requested assistance: Documents verifying startup SMEs under
Clauses 1 and 2 Article 14 hereof; verifying SMEs’ participation in industrial
cluster, value chains in manufacturing, processing sectors of Article 16 and
Article 17 hereof; other relevant documents (if any).
2. Regarding assistance for human resource development for SMEs in
accordance with Clauses 1, 2, and 3 Article 14 of Decree No. 80/2021/ND-CP:
agencies and organizations providing assistance for SMEs shall conform to
Section 2 Chapter II hereof.
3. Regarding technology, counseling assistance, assistance for SME
startup, assistance for SMEs' participation in industrial cluster, value chain
under Clauses 1, 2, 3, and 4 Article 11, Clause 2 Article 13, Article 22,
Article 25 of Decree No. 80/2021/ND-CP: agencies and organizations providing
assistance for SMEs shall conform to Clause 3 Article 32 Decree No.
80/2021/ND-CP (contract sample under Appendix 1 hereof).
4. Agencies and organizations providing assistance for SMEs shall
review application, consolidate SMEs’ request for assistance, approve SME
support plan on an annual or quarterly basis. The selection of suppliers for
executing SME assistance plan shall conform to bidding laws.
Article 6. Management of assistance for SMEs
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a) General
management activities include: conducting communication activities regarding
assistance and types of assistance provided for SMEs; organizing seminars,
conferences guiding, concluding SME assistance operation; organizing groups for
assessing implementation of SME assistance; surveying SME assistance demand to
produce assistance plans and estimates for the planning year.
b) Ministry of
Planning and Investment shall receive no more than 1% of total annual
expenditure of central government budget on SME assistance to finance general
management of SME assistance on a nationwide scale.
c) Contact point
authorities of ministries, ministerial agencies, Governmental agencies
(entities assigned to take charge and cooperate with relevant entities in
developing policies, organizing implementation, assessing, consolidating
reports on implementation results of SME assistance) and Departments of
Planning and Investment of provinces and cities shall receive no more than 2%
of total annual expenditure of state budget on SME assistance to finance
general management of SME assistance within their management.
2. Direct
management
Agencies and organizations
providing assistance for SMEs shall receive no more than 5% of annual state
budget on SME assistance to finance direct management of SME assistance,
including:
a) Activities that
assistance SME: going on business trip; working overtime; communicating;
organizing meetings, conferences; hiring experts; conducting surveys at
enterprises; other activities directly serving SME assistance.
b) Activities of
Council for selecting startup SMEs under Clause 3 Article 21 of Decree No.
80/2021/ND-CP: reviewing documents of startup SMEs; hiring experts; working
overtime; communicating; organizing review meetings; appraising selection
result of startup SMEs; conducting other activities related to activities of
the Council.
c) The selection
of suppliers shall be made in accordance with bidding laws.
SMEs shall receive
technology assistance in accordance with Clauses 1, 2, 3, and 4 Article 11 of
Decree No. 80/2021/ND-CP. Agencies and organizations providing assistance for
SMEs shall provide assistance in accordance Article 4, Article 5 hereof and the
following regulations:
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2. SMEs shall assess level of digital transformation readiness to make
appropriate assistance propositions. SMEs shall utilize digital readiness
assessment tools uploaded on https://digital.business.gov.vn or
https://dbi.gov.vn or issued by agencies and organizations providing assistance
for SMEs.
3. Agencies and organizations providing assistance for SMEs shall use
digital readiness assessment results of SMEs to consider and provide assistance
depending on accessibility of SMEs.
1. Counselors
mentioned under Point a Clause 1 Article 13 of Decree No. 80/2021/ND-CP
include:
a) Individual
counselors who are Vietnamese nationals (not including officials and public
officials under Law on Officials and Public Officials) and foreigners working
in Vietnam.
b) Organization
counselors which are juridical persons, established, and operating in
accordance with Vietnamese laws, specialized in counseling enterprises.
2. Apply for
participation in counselor network:
a) Organization,
individual counselors shall submit application to respective ministries,
ministerial agencies. Documents in foreign languages will require certified
Vietnamese translation.
b) Counselors
shall access the Web portal, register, and be issued login accounts by Ministry
of Planning and Investment in order to update information on counselor network.
Counselors are legally responsible for accuracy of information disclosed on the
Web portal.
3. Update
counselor’s information:
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b) In case
provided information is found to be incorrect but capacity of counselors in
terms of training level, professional, and counseling experience is not
altered, counselors shall adjust on the Web portal while requesting ministries,
ministerial agencies where the counselors are accredited to adjust.
4. Counselors are
allowed to participate in training courses for counseling skills, procedures,
and knowledge organized by ministries, ministerial agencies free of charge in
accordance with Clause 3 Article 9 hereof.
1. Establish
counselor network
a) Ministries,
ministerial agencies shall promulgate a decision or decisions (using form under
Appendix 2 hereof) regulating field of counseling, criteria for accrediting
counselors, cases in which counselors are removed from counselor network upon
violating the law or cases in which counselors are removed from counselor
network according to regulations of ministries, ministerial agencies.
Criteria for
accrediting counselors must specify training level, professional level,
counseling experience, and conditions according to the laws and rules of
presiding authorities.
b) Ministries,
ministerial agencies shall accredit or authorize affiliated entities to
accredit counselors participating in the counselor network (hereinafter
referred to as “counselor accrediting bodies”) and review cases in which
counselors are removed from counselor network.
- Accreditation of
counselors participating in counselor network includes: reviewing application
for participation in counselor network; contacting and guiding counselors to complete
their profile; accrediting counselors in counselor network; guiding counselors
to register accounts and update information on database on counselors on the
Web portal; verifying and allowing counselors to appear public on the Web
portal.
- Removal of
counselors from counselor network includes: reviewing profile of counselors in
the network; contacting and notifying counselors about being removed from the
network; producing lists of counselors removed from the network; withdrawing
counselor profile from the Web portal.
c) Counselor
accrediting bodies shall publicize field of counseling, criteria for
accrediting counselors, list of counselors in the network, list of counselors
removed from the network on websites of ministries, ministerial agencies, or
websites of counselor accrediting bodies.
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2. Management,
operation, and maintenance of counselor network
a) Procurement,
software development for managing counselor network; procurement, upgrade, and
maintenance of hardware, services, servers, and other services on a regular
basis to archive and operate counselor network; develop, maintain, and update
counselor network data.
b) Organization of
conferences, seminars, conclusion, and assessment of establishment, management,
operation, and maintenance of counselor network.
c) Accreditation
and removal of counselors from counselor network under Point b Clause 1 of this
Article. Expenditure on accrediting counselors or removing counselors from
counselor network shall not exceed 300 thousand VND/counselor and paid to
counselor accrediting bodies.
3. Improvement and
training for development of counselor network
a) Counselor
accrediting bodies shall organize or cooperate with suppliers in organizing
training courses for skills, procedures, and knowledge of counselors in their
network.
b) Details of
training courses for counselors:
No.
Training
course
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Training
duration
Minimum
number of learners/course
training
organization
1
Short-term
Standardize counseling skills,
procedures, and knowledge depending on requests of counselors and field-specific
development objectives of counselors
3 to 5 days (consecutive or not).
In which, may use up to 40% of the duration to allow learners to practice (if
necessary).
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Section 7
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2
Long-term
6 to 60 days (consecutive or not).
In which, may use up to 40% of the duration to allow learners to practice (if
necessary).
SMEs shall receive
counseling assistance in accordance with Clause 2 Article 13 of Decree No.
80/2021/ND-CP. Agencies and organizations providing assistance for SMEs shall
provide assistance in accordance with Article 4 and Article 5 hereof.
Section 2. HUMAN RESOURCE DEVELOPMENT ASSISTANCE
Human resource
development assistance under Clauses 1, 2, and 3 Article 14 of Decree No.
80/2021/ND-CP refers to training assistance provided for SMEs. Agencies and
organizations providing assistance for SMEs shall provide assistance in
accordance with Clauses 1 and 2 Article 5 of this Circular and the following
regulations:
1. Training units refer to agencies and organizations providing
assistance for SMEs (if they directly provide training services) or the
suppliers (if agencies and organizations providing assistance for SMEs do not
directly provide training services).
2. In-class training courses for enterprise administration mentioned
under Point a Clause 1 Article 14 of Decree no. 80/2021/ND-CP include basic
enterprise administration training courses and advanced enterprise administration
training courses.
3. Online training courses via available online teaching tools such
as Zoom Cloud Meeting, Microsoft Teams, Google Classroom, and other similar
tools:
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b) If tools and
specialized equipment are purchased or rented for each course, rent and
purchase cost shall be included in additional costs of each course. In case
service bundles are purchased or rented on a quarterly or annual basis, rent
and purchase cost shall be distributed over costs for organizing each training
course.
4. Training units may
organize training courses under Clause 1 and Clause 3 Article 14 of Decree No. 80/2021/ND-CP by combining both in-class training and online
training via available online teaching tools (hereinafter referred to as
“combined training method”) with unchanged financing from state budget only if
at least 30% of total learners participate in in-class training, to be
specific:
a) 100% of learners participate in in-class training: lecturers shall
provide full online training or combine in-class training and online training.
b) From 30% of learners participate in in-class training while the rest
participate in online training: lecturers shall provide full in-class training,
or full online training, or a combination of in-class training and online
training.
c) Upon selecting
combined training method under Points a and b Clause 4 of this Article,
training units shall develop respective expenditure estimates.
Assistance for in-class training under Clauses 1 and 3 Article 14 of
Decree No. 80/2021/ND-CP shall conform to the following
regulations:
No.
Training
course
Training
topic
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Target
learners
Minimum
number of learners/course
training
organization
1
Business startup
Section 1 Appendix 3.1
From 1 to 2 days; In case of
2-day classes, up to 40% of the training duration can be used to facilitate
practice of learners (if necessary).
Employees, managers of
specialized departments, managers of SMEs. In which, SMEs are enterprises
converted from household businesses or SMEs established within 5 years prior
to the year in which training course is organized
30
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Appendix 3.2.
2
Basic enterprise administration
Section 2 Appendix 3.1
From 2 to 5 days. Up to 40% of
duration of classes that last at least 3 days can be used to facilitate practice
of learners (if any).
Employees, managers of
specialized departments, managers of SMEs.
30
Section 2
Appendix 3.2.
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Advanced enterprise
administration
Section 3 Appendix 3.1
From 5 to 28 days (consecutive or
not). In which, may use up to 40% of the duration to allow learners to
practice (if necessary).
Managers of specialized
departments, managers of SMEs.
20
Section 1
Appendix 3.2.
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Section 4 Appendix 3.1
Employees, managers of
specialized departments, managers of SMEs.
10
Section 4
Appendix 3.2.
Assistance for online training under Clause 2 Article 14 of Decree No.
80/2021/ND-CP shall conform to the following regulations:
No.
Online
training
Training
topic
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Target
learners
Number
of learners
training
organization
1
Online
training system of Ministry of Planning and Investment and provincial
People’s Committees (hereinafter referred to as “E-learning system”)
Section 5 Appendix 3.1
Each lecture video lasts up to 20
minutes Each lecture comprises of multiple videos.
Employees, managers of
specialized departments, managers of SMEs
No restrictions
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Appendix 3.2
2
Online
training courses via available online teaching tools
Similar to training courses under
Clauses 1, 2, and 3 Article 13 hereof.
Section 5
Appendix 3.2
1. Agencies and
organizations providing assistance for SMEs shall choose startup SMEs to
provide assistance in accordance with Clause 1 Article 21 of Decree No.
80/2021/ND-CP based on the following documents:
a) Certificates of
national, international awards for business startup or startup products,
projects. The certificates must be awarded within 5 years prior to the date on
which SMEs apply for assistance;
b) Patent of
inventions or science technology enterprise certificates or hi-tech enterprise
certificates as long as these documents are still effective at the time SMEs
apply for assistance.
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a) Capital
contribution agreements or documents verifying minimum investment of startup
investment fund of 1 billion VND; investment must take place within 5 years
prior to the date on which SMEs apply for assistance;
b) Written
commitments of startup investment funds for a minimum investment of 500 million
VND; the commitment must be produced within 1 year prior to the date on which
SMEs apply for assistance;
c) Written
confirmation or contracts indicating ongoing assistance for startup SMEs of
common workspaces, business startup enterprises, service providers, incubation
facilities, business promotion facilities, business startup centers; or written
commitments or contracts indicating incoming assistance for SMEs. assistance
must be confirmed, guaranteed within 6 months prior to the date on which SMEs
apply for assistance.
3. Agencies and
organizations providing assistance for SMEs shall choose startup SMEs in
accordance with Clause 3 Article 21 of Decree No. 80/2021/ND-CP on the basis of
decision of the Council regarding eligibility of SMEs for assistance.
Startup SMEs shall
receive assistance in accordance with Article 22 of Decree No. 80/2021/ND-CP.
Agencies and organizations providing assistance for SMEs shall provide
assistance in accordance with Article 4 and Article 5 of this Circular and the
following regulations:
1. Assist learners
of SMEs to participate in advanced training in Vietnam and foreign countries
under Clause 2 Article 22 of Decree No. 80/2021/ND-CP , including: tuition,
materials, accommodations, meals, travel (including plane tickets).
Short-term
advanced training courses in foreign countries include: developing products;
commercializing products; developing e-commerce; attracting investment;
developing market; connecting startup network and other details depending on
demands of startup SMEs.
2. Assist learners
to maintain accounts on e-commerce platforms under Point c Clause 6 Article 22
of Decree No. 80/2021/ND-CP , including:
a) Regarding
e-commerce platforms in Vietnam: payment fees, fixed fees, and service fees
paid by the sellers to e-commerce platforms.
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3. Assist SMEs to participate in international competitions regarding
business startup in accordance with Point dd Clause 6 Article 22 of Decree No.
80/2021/ND-CP , including: fees for participating; staying in host countries;
travelling (including plane tickets); transporting documents, products, and
equipment serving competitions.
Article 16. Selecting SMEs in industrial cluster in manufacturing
and processing
1. Forms of
connection between SMEs and other enterprises in industrial cluster under
Clause 2 Article 23 of Decree No. 80/2021/ND-CP include:
a) Connection in
form of contracts for shared purchase of input materials: SMEs and at least
another enterprise in industrial cluster enter into contract for purchase of
input materials from the same suppliers.
b) Connection in
form of contracts for shared sale of products: SMEs and at least another
enterprise in sector connection enter into contract for selling products to the
same buyers.
c) Connection in
form of contracts for purchase, sale, and cooperation refers to:
- SMEs enter into
contracts for product purchase, sale with at least another enterprise in
industrial cluster;
- SMEs enter into
contracts for cooperation with at least another enterprise in industrial
cluster.
d) Connection in
form of joint connection, use of brands refers to:
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- SMEs and at
least another enterprise in industrial cluster produce goods, commodities (not
including community based tourism services and tourist attractions) and have
products ranked at 3 stars or higher under the One Country One Product Program
(OCOP).
2. Agencies and
organizations providing assistance for SMEs shall select SMEs in industrial
cluster under Clause 1 of this Article to provide assistance based on:
a) For Point a
Clause 1 of this Article: at least 1 contract for purchase of input materials
between a SME and the supplier and the confirmation (or contract) of the
supplier regarding ongoing supply of input materials for other enterprises in
industrial cluster.
b) For Point b
Clause 1 of this Article: at least 1 contract for sale of products between a
SME and the buyer and the confirmation (or contract) of the buyer regarding
ongoing purchase of products from at least another enterprise in industrial
cluster.
c) For Point c
Clause 1 of this Article: at least 1 contract for ongoing product purchase or
sale or cooperation between the SME and another enterprise in the industrial
cluster.
d) For Point d
Clause 1 of this Article: collective mark or certification mark or geographical
indication or brand of the OCOP product currently used by the SME.
dd) Apart from
cases under Points a through d Clause 2 of this Article, agencies and
organizations providing assistance for SMEs shall cooperate with the suppliers
or the buyers in determining lists of SMEs that are purchasing input materials
or selling products and services in order to choose suitable SMEs for
assistance.
Article 17. Selection of SMEs for participation in production,
manufacturing value chain
1. Forms of
participation of a SME in value chain according to Clause 2 Article 24 of
Decree No. 80/2021/ND-CP , including:
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b) The SME is
executing the contract for product and service purchase, sale or cooperation
with chain leading enterprises.
c) The SME is
considered a prospect supplier for chain leading enterprises by chain leading
enterprises or agencies and organizations providing assistance for SMEs.
Agencies and
organizations providing assistance for SMEs shall use prospect SME assessment
tool publicized by Ministry of Planning and Investment or refer to the list of
prospect SMEs uploaded on the Web portal to choose SMEs.
2. Agencies and
organizations providing assistance for SMEs shall select SMEs for participation
in value chain according to Clause 1 of this Article based on:
a) For Point a
Clause 1 of this Article: documents verifying the eligibility of SMEs.
b) For Point b
Clause 1 of this Article: at least 1 contract for product sale or purchase or
cooperation with chain leading enterprises.
c) For Point c
Clause 1 of this Article: confirmation of chain leading enterprises.
SMEs participating
in industrial clusters and value chains shall receive assistance in accordance
with Article 25 of Decree No. 80/2021/ND-CP. Agencies and organizations
providing support for SMEs shall provide assistance in accordance with Article
4 and Article 5 of this Circular and the following regulations:
1. Assist training at enterprises according to Point a Clause 1 Article
25 of Decree No. 80/2021/ND-CP: conform to Clause 4 Article 12 hereof.
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Details of
training courses shall conform to Section 3 Appendix 3.1 hereof.
3. Assist SMEs to
maintain accounts on e-commerce platforms according to Point d Clause 3 Article
25 of Decree No. 80/2021/ND-CP: conform to Clause 2 Article 15 hereof.
Section 5. DEVELOPMENT, CONSOLIDATION, AND ASSIGNMENT OF SME
ASSISTANCE PLANS; ASSESSMENT AND REPORT ON SME ASSISTANCE
1. Ministry of
Planning and Investment shall
a) Guide
ministries, ministerial agencies, Governmental agencies, and local governments
to develop plans and central government budget estimates for SME assistance
(using form under Appendix 4 hereof); consolidate SME assistance demands of
ministries, ministerial agencies, Governmental agencies, and local governments
where budget is not adequate; request Ministry of Finance to propose plans and
estimates of central government budget for SME assistance of the planning year.
b) Develop
solutions for assigning SME assistance tasks utilizing central government
budget to ministries, ministerial agencies, Governmental agencies, and local
governments which are not able to balance the budget based on total central
government budget estimates for SME assistance; request Ministry of Finance to
report to competent authorities in order to allocate budget estimates.
c) Notify
ministries, ministerial agencies, Governmental agencies, and local governments
which are unable to balance the budget about SME assistance tasks utilizing
central government budget.
d) Take charge and
cooperate with relevant authorities in organizing assessment of SME assistance;
consolidate and report to the Government, Prime Minister.
2. Ministries, ministerial agencies, and governmental agencies shall
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b) Develop
solutions for assigning SME assistance tasks utilizing central government budget
for affiliated agencies and organizations providing assistance for SME; copy
and send to Ministry of Planning and Investment for cooperation.
c) Organize
implementation of SME assistance adequately; inspect, assess, and be
responsible for implementation of plans for SME assistance under their
management; submit reports on SME assistance results to Ministry of Planning
and Investment.
3. Provincial People’s Committees
a) Assign
Departments of Planning and Investment to:
- Develop plans and estimates for central government budget (for
provinces that have not been able to balanced the budget) and local government
budget for SME assistance; report to provincial People’s Committees and
Ministry of Planning and Investment; send to Departments of Finance for consolidation
in budget estimates for the provinces;
- Develop solutions for assigning SME assistance tasks utilizing
central government budget (for provinces that have not been able to balanced
the budget) and local government budget (on the basis of local government
budget expenditure estimates) to agencies and organizations providing
assistance for SMEs in provinces and request provincial People’s Committees to
decide; send to Ministry of Planning and Investment.
b) Implement tasks
under Point c Clause 2 of this Article.
Article 20. Entry into force
1. This Circular comes into force from June 25, 2022.
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3. In case documents referred to in this Circular expire and/or are
replaced by other documents, the new documents shall prevail.
Article 21. Transition clause and organization for implementation
1. SME assistance approved before the effective date hereof shall
continue to be implemented according to their approval or be submitted to
competent authorities for re-approval (if necessary) from the effective date
hereof.
2. Ministries, ministerial agencies, Governmental agencies, and
provincial People’s Committees shall provide assistance for SMEs in accordance
with this Circular and applicable laws. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry for
consideration./.
PP.
MINISTER
DEPUTY MINISTER
Tran Duy Dong