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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.279/2005/QD-TTg
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Hanoi,
November 03, 2005
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DECISION
PROMULGATING THE REGULATION ON ELABORATION AND
IMPLEMENTATION OF THE 2006-2010 NATIONAL TRADE PROMOTION PROGRAM
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government dated December 25, 2001;
Pursuant to Resolutions No. 05/2001/NQ-CP dated May 24, 2001 and No. 05/2002/NQ-CP
dated April 24, 2002;
At the proposal of the Minister of Trade,
DECIDES:
Article 1.
To promulgate together
with this Decision the Regulation on elaboration and implementation of the
2006-2010 national trade promotion program.
Article 2.
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Article 3.
To
promulgate together with this Decision the Regulation on elaboration and
implementation of the 2006-2010 national trade promotion program.This Decision
takes effect 15 days after its pulication in ''CONG BAO.'' To annul the
provisions of earlier legal documents on national trade promotion programs,
which are contrary to the provisions of the Regulation promulgated together
with this Decision.The Ministers of Trade and Finance; heads of ministries and
ministerial-level agencies, andheads of government-attached agencies shall have
to implement this Decision.
FOR THE PRIME MINISTER
VICE MINISTER
Vu Khoan
REGULATION
ON ELABORATION AND IMPLEMENTATION OF THE 2006-2010 NATIONAL
TRADE PROMOTION PROGRAMS
(Promulgated together with the Prime Minister’s Decision No. 279/2005/QD-TTg
dated November 3, 2005)
Chapter I
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Article 1. National
trade promotion program
National trade promotion program
1. The national trade promotion program is a State-funded
trade promotion program elaborated according to the export market and commodity
line orientations mapped out in the 2006-2010 export strategy.
2. The national trade promotion program aims to
enhance trade promotion activities, develop export markets; create initial
conditions for building material foundations in service of trade promotion
activities; contribute to raising business capacity of the enterprise
community; associate trade promotion activities with investment promotion and
tourism advertisement.
3. Except for the contents specified in Clauses
8 and 10, Article 9 of this Regulation, the Prime Minister shall authorize the
Minister of Trade to base on the provisions of this Regulation and current
provisions of law on management of trade promotion activities to sum up,
approve and organize the implementation of annual national trade promotion
programs.
Article 2. Regulation
scope
This Regulation provides for the elaboration and
support for implementation of the 2006-2010 national trade promotion program
(hereafter called the Program for short).
Article 3. Application
subjects
This Regulation shall apply to:
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2. Agencies presiding over the Program include
governmental trade promotion organizations under ministries or
ministerial-level agencies; non-governmental organizations; business
associations, Vietnam Chamber of Commerce and Industry, Vietnam Union of
Cooperatives, Association of Young Entrepreneurs; business corporations (for
business lines without associations).
Article 4. Requirements
for the Program
1. To expand markets and develop export in line
with export development orientations for different business lines and the
2006-2010 export strategy.
2. To be compatible with its contents of support
specified in Article 9, Chapter II of this Regulation.
3. To be feasible and reasonable in terms of
implementation mode, time and tempo; human and financial resources, material
and technical foundations.
Article 5. Units
presiding over the Program
1. Units presiding over the Program mean
organizations defined in Clause 2, Article 3 of this Regulation, which shall
act as the major agencies to elaborate and implement the Program and receive
support funding under the provisions of this Regulation.
2. Units presiding over the Program shall have
to fully meet the following conditions:
a) Having the legal person status;
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c) Implementing the Program for the benefits of
the enterprise community and not for profit-making purposes.
Article 6. Units
implementing the Program
Units implementing the Program mean enterprises
of all economic sectors mentioned in Clause 1,Article 3 of this Regulation,
which directly materialize the Program's contents and enjoy support funding
under the provisions of this Regulation.
Article 7. Support
funding for implementation of the Program
Support funding for
implementation of the Program
The State shall provide support funding for the
implementation of the Program on the following principles:
1. Funding for implementation of the Program
shall be contributed by the implementing enterprises; the State shall support
only part of funding through units presiding over the Program.
2. Units presiding over or implementing the
Program must use the funding in a thrift and efficient manner and take
responsibility for expenditure contents in accordance with current financial
regulations.
3. Source of support funding for implementation
of contents of the Program shall be the Export Assistance Fund set up under the
Prime Minister's Decision No. 195/1999/QD-TTg dated September 27, 1999.
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1. Enterprises of different economic sectors
under provincial/municipal People's Committees shall, apart from participating
in the national trade promotion program through units presiding over it as
defined in this Regulation, be entitled to engage in other trade promotion
contents under regulations and guidance of provincial/municipal People's
Committee presidents, in suitability with local business and commercial
situation.
2. Provincial/municipal People's Committees
shall take initiative in coordinating with the Ministry of Trade to be advised
on the elaboration of trade promotion contents compatible with the contents of
this Regulation and current provisions of law on management of trade promotion
activities.
3. Sources of funding to support the
above-mentioned trade promotion activities shall come from trade promotion
assistance funds set up by provinces and cities on the basis of rewards for
local budgets' revenue overachievement and other legitimate financial sources
mentioned in the Government's Resolution No. 05/2002/NQ-CP dated April 24,
2002.
The Ministry of Finance shall guide provinces
and cities to set up these funds.
Chapter II
PROGRAM’S CONTENTS
ELIGIBLE FOR SUPPORTS AND LEVELS OF SUPPORT
Article 9. Program's
contents eligible for supports
The Program's contents (trade promotion schemes)
eligible for supports include:
1. Trade information and export propagation,
including the organization of Vietnam trips for representatives of foreign mass
media agencies to write about Vietnam's exports.
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3. Organizing domestic and overseas training for
improvement of export capacity and business skills. For overseas training
courses, the support shall be concentrated on specialized training courses of
no more than 3 months to develop new products.
4. Organizing, participating in trade fairs
and/or exhibitions
a) Organizing or participating in overseas trade
fairs and/or exhibitions
- For multi-branch fairs and/or exhibitions,
each must have at least 15 standard commodity pavillions (3m x 3m) or involve
at least 12 enterprises;
- For specialized fairs and/or exhibitions, each
must have at least 7 standard commodity pavilions or involve at least 5
enterprises;
b) Organizing domestic fairs and/or exhibitions
of export goods
- For fairs and/or exhibitions in centrally-run
cities, each must have at least 200 standard commodity pavilions or involve at
least 150 enterprises;
- For fairs and/or exhibitions in other
localities, each must have at least 150 standard commodity pavilions or involve
at least 120 enterprises. Particularly for fairs and/or exhibitions in
localities sharing borderlines with neighboring countries, each must have at least
100 standard commodity pavilions or involve at least 80 enterprises.
5. Organizing delegations for market survey or
commercial transactions in foreign countries
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b) For specialized delegations, each must
involve at least 7 enterprises.
6. Organizing general promotion activities
(combining trade with investment and tourism) to boost the export of Vietnamese
goods and services and attract foreign investment and tourists to Vietnam as
well.
7. Introducing typical brands of goods or
services, which have been awarded export prizes by the Prime Minister under
annual national branding programs to foreign markets and support them penetrate
into such markets.
8. Building trade promotion infrastructure at
home and abroad
a) To set up overseas trade promotion centers;
b) To set up domestic trade promotion centers;
9. Formulating and applying an electronic
business process; applying branch standards on electronic data exchange.
10. Other trade promotion activities as decided
by the Prime Minister.
Article 10. Support
levels
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2. To support the contents specified in Clauses
4 and 5, Article 9 of this Regulation, concretely:
a) To support 100% of expenses for commodity
pavilions, overall decoration of fairs and organization of workshops (if any),
for the contents specified at Point a, Clause 4, Article 9 of this Regulation;
b) To support 50% of cost expenses for commodity
pavilions (including ground rental, framework, electricity and water supply,
sanitation, security... services), based on bid prices or pavilion-building
costs of the previous years; and 100% of expenses for advertisement and
popularization, for the contents specified in Clause 4, Article 9 of this
Regulation;
c) To support 100% of airfares and costs of
organization of workshops and commercial transaction meetings, for the contents
specified in Clause 5, Article 9 of this Regulation;
d) To support participation in fairs combined
with foreign market survey as follows: To support participation in fairs
according to Point a, Clause 2 of this Article and support 100% of expenses for
travel from fair venues to survey places under approved programs on foreign
market surveys. In cases where enterprises do not register commodity pavilions
but only participate in fairs and market survey, they shall be supported
according to Point c, Clause 2 of this Article;
e) To support 100% of expenses for officers of
units presiding over the Program to organize, manage and guide the contents
stated in Clauses 4 and 5, Article 9 of this Regulation according to the
regulations for State officials and public employees, who make budget-funded
short-term working trips overseas. The number of people enjoying supports shall
be as follows: one, for a delegation involving less than 11 enterprises; two,
for a delegation involving between 11 and 20 enterprises; three, for a
delegation involving between 21 and 40 enterprises; and four, for a delegation
involving 41 enterprises or more.
3. To support 70% of expenses for the contents
specified in Clauses 1, 7 and 9, and between 50% and 70% of initial expenses
for the contents stated in Clause 8, Article 9 of this Regulation.
4. The Prime Minister shall consider and decide
on supports for the contents specified in Clause 8, Article 9 of this
Regulation on the basis of the scheme on establishment and building of trade
promotion centers already approved by competent authorities according to
current provisions of law on investment and capital construction and written
evaluation of the Ministry of Trade.
Article 11. The
Ministry of Trade shall reach agreement with the Ministry of Trade to announce
standards norms on initial expenses for establishment and building of trade
promotion centers under the provisions of Clause 3, Article 10 of this
Regulation.
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After the Program is approved, based on its cost
estimates and implementation schedule, the Ministry of Finance shall make
deduction from the Export Assistance Fund to advance support money amounts to
units presiding over the Program.
The Ministry of Finance shall guide specific
procedures.
Article 13. Final
settlement of support money
Annually, units presiding over the Program shall
have to sum up all vouchers on actual revenues and expenditures according to
the provisions of Article 10 of this Regulation and send final settlement
reports to the Ministry of Finance and enterprises involved in implementation
of the Program.
The final settlement shall comply with current
financial regulations and guidance of the Ministry of Finance.
Article 14. Accounting
of support money
1. Units implementing the Program's contents
shall be entitled to account implementation expenses into cost prices and
circulation charges.
2. Units presiding over the Program shall
account separately and fully revenues and expenditures of the Program in strict
compliance with the provisions of law.
Chapter III
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Article 15. Proposing
and accepting the Program
1. Units presiding over the Program shall send
the Ministry of Trade and the Ministry of Finance their proposals on the
Program, made according to the form set by the Ministry of Trade.
2. Within 7 working days after receiving
proposals on the Program, the Ministry of Trade shall have to notify in writing
the acceptance of such proposals to the units presiding over it.
3. A program for the subsequent year must be
sent before July 1 of the year preceding the plan year.
Article 16. Evaluating,
approving the Program
1. The Ministry of Trade shall assume the prime
responsibility for, and coordinate with the Ministry of Finance and relevant
agencies in, elaborating and promulgating a working Regulation for the Program
Evaluation Council (hereinafter called Evaluation Council for short); formulate
norms for approval of trade promotion schemes under the Program.
The Evaluation Council shall have to consider
and assess contents of trade promotion schemes of units presiding over the
Program and adjust and sum them up into the annual national trade promotion
program according to the set requirements and objectives; and report it to the
Minister of Trade for approval.
2. The Evaluation Council comprises:
- Its chairman being a leader of the Ministry of
Trade.
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3. Evaluation order and procedures
a) Within 45 working days after giving written
certification of the valid acceptance of the Program according to the
provisions of Clause 2, Article 15 of this Regulation, the Evaluation Council
shall conduct evaluation and invite units presiding over the Program and units
participating in the Program, if necessary, to defend the Program before it;
b) Within 20 working days after completing the
evaluation of the Program, the chairman of the Evaluation Council shall send a sum-up
report to the Minister of Trade for consideration and approval of the Program.
4. The Minister of Trade shall publicize
contents of the approved Program.
Chapter IV
ORGANIZATLON OF
IMPLEMENTATLON AND HANDLING OF VIOLATIONS
Article 17. Inspection and
supervision of implementation of the Program
1. The Ministry of Trade shall assume the prime
responsibility for, and coordinate with the Ministry of Finance and relevant
agencies in, inspecting and supervising the implementation of the Program;
ensure that the program is implemented strictly according to the set
requirements, contents and schedule; ensure its efficiency and compliance with
current provisions of law.
2. Units presiding over the Program must supply
all documents and information related to the Program, and create favorable
conditions for inspection and supervision under the provisions of Clause 1 of
this Article.
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1. In cases where it is required to adjust the
approved Program, the units presiding over it must send a written request to
the Evaluation Council and the Ministry of Trade so that the latter may report
it to the Minister of Trade for consideration and decision.
2. If detecting that units presiding over the
Program commit violations in realization of the requirements, objectives,
contents or schedule of the Program or deeming that the Program's contents must
be changed, the Evaluation Council shall report to the Minister of Trade for
decision the termination or adjustment of the Program.
Article 19. Reporting
on implementation of the Program
1. Units presiding over the Program must send
reports on implementation and assessment of results of the Program and
proposals (if any) to the Ministry of Trade and the Ministry of Finance at least
before November 1 annually and 15 days after the completion of the Program, in
case no report has been made; and notify units involved in the Program of
relevant reports as well.
2. The Ministry of Trade, the Ministry of
Finance shall, based on their functions, tasks and powers, have to monitor and
sum up the implementation of the Program; report to the Prime Minister on
matters falling beyond the Regulation or their powers.
Article 20. Handling
of violations
1. Organizations and individuals committing acts
of violating this Regulation shall, depending on the seriousness of their
violations, be handled according to the current provisions of law.
2. The Evaluation Council shall not consider the
approval of a subsequent annual program for units presiding over the previous
program, which fail to comply with the reporting and final settlement
provisions of this Regulation.