Chương I Luật hỗ trợ doanh nghiệp nhỏ và vừa 2017: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides regulations on principles, contents and resources of assistance for small and medium-sized enterprises (hereafter referred to as “SME”) and the responsibilities of authorities, organizations and individuals related to the provision of assistance for SMEs.

Article 2. Regulated entities

1. Enterprises that are established organized and run in accordance with regulations of law on enterprises and satisfy the criteria for identification of SMEs defined in this Law.

2. Authorities, organizations and individuals related to the provision of assistance for SMEs.

Article 3. Definitions

For the purpose of this Law, the terms below shall be construed as follows:

1. “women-owned SME” means an SME having one or more women owns at least 51% of its charter capital and at least a woman is the executive director of this enterprise.

2. “startup” is an SME that is established to implement its business ideas based on the exploitation of intellectual property, technology and new business models and is able to grow quickly.

3. “value chain” is a set of activities that create and increase the value of products or services and include consecutive stages such as idea creation, design, production, and the distribution of finished products to customers.

4. “distribution chain” means a set of intermediate organizations (enterprises, investors, business organizations) distributing an SME’s products to customers.

5. “technical establishment” means an establishment providing equipment for an SME to assist it in designing, testing, analyzing, assessing and verifying products, goods and materials.

6. “incubator” means an establishment providing necessary infrastructures, resources and service for organizations and individuals in manner that that can complete business ideas and develop their SMEs in the early stage of establishment.

7. “business cluster” is a form of association between enterprises operating in the same sector and relevant enterprises and organizations that cooperate and compete with each other.

8. “co-working space” means an area providing spaces for working and exhibition of products and providing utilities to assist and combine startups.

Article 4. Criteria for identification of SMEs

1. An SME is either a micro-enterprise, small enterprise or medium-sized enterprise having the annual average number of employees who participate in social insurance is not greater than 200 and satisfying one of the following criteria:

a) The total capital is not greater than 100 billion dong;

b) The enterprise’s revenue of the previous year is not greater than 300 billion dong;

2. Micro-, small and medium-sized enterprises are identified according to each industry such as agriculture, forestry, aquaculture; industry and construction and trade and services.

3. The Government shall provide detailed guidance on this Article.

Article 5. Principles for provision of assistance for SMEs

1. Provision of assistance for SMEs shall comply with market rules and international treaties to which the Socialist Republic of Vietnam is a signatory.

2. Contents, subjects, procedures, resources, levels of assistance and results of assistance for SMEs shall be transparent.

3. The State shall assist SMEs with certain focuses for a limited period of time and in accordance with objectives of the assistance and its ability to balance resources.

4. The provision of assistance for SMEs using resources provided by non-state organizations and individuals shall comply with their own regulations and regulations of law.

5. In the cases where an SME is concurrently entitled to more than one level of the same form of assistance in accordance with regulations of this Law and other relevant regulations of law, it will be entitled to most favorable level.

If more than one SME satisfy the conditions for the assistance in accordance with regulations of this Law, the women-owned SME and the SME using more women employees will be given priority.

6. An SME will receive the assistance if it satisfies fully regulations of this Law and other relevant regulations of Law.

Article 6. Sources of funding for assisting SMEs

1. Sources of funding for assisting SMEs include:

a) Loans subsidized and guaranteed by the State;

b) Funding provided by the state budget;

c) Sources of funding from remission of taxes, fees, land rental, land levy and other financial obligations in accordance with regulations of law;

d) Legal sources of capital provided by domestic and foreign organizations and individuals.

2. Sources of funding for assisting SMEs prescribed in Points a, b and c Clause 1 of this Article shall be estimated, verified, approved and stated in accordance with regulations of law.

Article 7. Prohibited actions related to provision of assistance for SMEs

1. Failure to provide the assistance for SMEs in accordance with principles, subjects, competence, contents and procedures prescribed in regulations of law.

2. Abuse of positions and power to violate regulations of law on the assistance for SMEs

3. Discriminatory actions, unnecessary delay, obstructing or harassing SMEs and organizations and assistance for SMEs.

4. Deliberate provision of incorrect information related to the provision of assistance for SMEs

5. Failure to use the resources for intended purposes.