Chương III Luật hỗ trợ doanh nghiệp nhỏ và vừa 2017: Trách nhiệm trong hoạt động hỗ trợ doanh nghiệp nhỏ và vừa

Chapter III

RESPONSIBILITIES TO PROVIDE ASSISTANCE FOR SMES.

Article 21. The Government's responsibilities

1. Unify the state administration related to provision of assistance for SMEs.

2. Estimate costs of providing assistance for SMEs in the cost estimate of the state budget and submit it to National Assembly for consideration and decision in accordance with regulations of law on state budget.

3. Introduce policies on encouraging organizations and individuals to use non-state resources to provide the assistance for SMEs.

Article 22. The responsibilities of the Ministry of Planning and Investment

1. Support the Government in unifying the state administration related to the assistance for SMEs. Consolidate and submit a report on provision of assistance for SMEs to the Government and the Prime Minister.

2. Regulate and identify targets, subjects and focuses of provision of assistance to formulate and execute plans, programs and projects related to the assistance for SMEs in the whole country; take charge and cooperate with Ministries and ministerial authorities in using investment and development funds to assist SMEs in accordance with regulations of this Law.

3. Provide training for officials and public employees in the assistance for SMEs.

4. Take charge and cooperate with the Ministry of Finance, the State bank of Vietnam, Ministries and other ministerial authorities in establishing an information system for assigning credit ratings to SMEs.

Article 23. The responsibilities of Ministry of Finance

1. Provide instructions on tax administrative procedures and the accounting regime for SMEs and instruction on the implementation of policies on tax and fees applied to SMEs.

2. Take charge and cooperate with Ministries and ministerial authorities in using sources of capital for assisting SMEs in accordance with regulations of this Law and other relevant regulations of law.

3. Publish the information about the compliance with regulations of law on tax and customs and the fulfillment of other financial obligations of SMEs to establish an information system for assigning credit ratings to SMEs.

Article 24. The responsibilities of Ministries and ministerial authorities

1. Ministries and ministerial authorities, within their duties and power, shall:

Introduce or request competent authorities to introduce policies on assistance for SMEs;

b) Carry out, monitor, inspect and analyze the provision of assistance for SMEs;

c) Organize the statistics and publishing of the information about SMEs;

d) Provide the instruction for SMEs on joining business clusters and value chains;

dd) Distribute resources for the assistance for SMEs.

2. The Ministry of Industry and Trade shall instruct SMEs to join business clusters and value chains;

3. The Ministry of Science and Technology shall provide the instruction on the establishment of incubators, technical establishment and co-working spaces and assist SMEs in strengthening the technological capacity.

4. The Ministry of Natural Resources and Environment shall instruct local governments to allocate land for the establishment and development of industrial clusters and processing zones for agricultural, forestry, fishery and seafood products.

5. The State bank of Vietnam shall organize the implementation of the Government's policies on the assistance for credit institutions in increasing maximum loans granted to SMEs.

Article 25. The responsibilities of provincial governments

1. The People's Council of a province shall:

a) Comply with the regulations in Clauses 1 and 2 Article 11, Clause 4 Article 18 of this Law;

b) Introduce policies and distribute resources to assist SMEs in the province and decide the cost estimate of the assistance for SMEs in accordance with regulations of law on the state budget;

c) Supervise the compliance with regulations of law on providing assistance for SMEs in the province.

2. The People’s Committee of a province shall:

a) Formulate and implement plans for the assistance for SMEs in the province and plans and programs for the assistance for SMEs converted from household businesses;

b) Inspect and evaluate the provision of assistance for SMEs in the province and submit a report to the competent authority;

c) Commend SMEs that have achievements, innovation and contribution to the socio-economic development of the province.

Article 26. Responsibilities of social organizations and socio-professional organizations for providing assistance for SMEs

1. Represent and protect rights and legal interests of members that are SMEs and mobilize resources for assisting SME member.

2. Introduce, comment and implement policies related to assistance for SMEs and assess programs for providing assistance for SMEs.

3. Provide the service of assistance for SMEs in accordance with regulations of law and their charters.

4. Promote the association between large enterprises and SMEs.

Article 27. Responsibilities of providers of assistance services for SMEs

1. Provide the service of assistance for SMEs according to conditions and commitments with authorities and organizations providing the assistance for SMEs (hereafter referred to as “assisting authority”) in accordance with regulations of this Law and assist SMEs in complying with administrative procedures.

2. Provide promptly, fully and exactly the information and documents for assisting authorities to prove and confirm the provision of assistance services for SMEs.

3. Take the legal responsibility and be accountable to assisting authorities according to the contract for provision of service of assistance for SMEs

4. Join and cooperate with competent authorities in the establishment, management and operation of assisting authorities via the public private partnership or other forms in accordance with regulations of law.

Article 28. Responsibilities of SMEs

1. Provide promptly, fully and exactly the information and documents according to the requirements of assisting authorities and organizations and take the legal responsibility for the provided information and documents.

2. Comply with regulations of law and fulfill obligations to the State.

3. Fulfill with the commitments to the assisting authorities.

4. Distribute reciprocal resources to receive, cooperate and use effectively resources for assistance.

Article 29. Publishing information about assistance for SMEs

1. Assisting authorities shall publish the contents of, programs for and results of assistance for SMEs and other relevant information.

2. The information about assistance for SMEs shall be published in the following manners:

a) Post up a notice at the assisting authorities' premises;

b) Notify information on mass media, websites of the assisting authorities and national SMEs website portal.

3. The information about assistance for SMEs shall be published within 30 days from the day on which the contents of and program for assistance for SMEs prescribed in Clause 1 of this Article are approved by the competent authorities.

Article 30. Inspection and supervision of the assistance for SMEs

1. Competent authorities, sponsoring organizations and individuals shall inspect and supervise the execution of contents and programs for the assistance for SMEs in accordance with regulations of law.

2. Contents of the inspection and supervision include:

a) Selection of beneficiary and implementation of procedures for and forms of assistance for SMEs;

b) The compliance with regulations of law on the management and use of funding for assistance for SMEs;

c) The publishing of information about assistance for SMEs prescribed in Article 29 of this Law.

Article 31. Assessment of the assistance for SMEs

1. Authorities and organizations that take charge of provision of assistance for SMEs shall assess the results of execution and foreseen impacts on assisted SMEs and publish the assessment result in the manners prescribed in Clause 2 Article 29 of this Article.

2. The Ministry of Planning and Investment shall carry out regularly the independent assessment of contents of and programs for assistance for SMEs.

Article 32. Actions against the violations of law on providing assistance for SMEs

1. SMEs, organizations and individuals violating the regulations of this Law shall be dealt with according to regulations of law.

2. Decisions on dealing with authorities, organizations and individual committing violations of assistance for SMEs shall be published on the websites of the assisting authorities and national portal on the assistance for SMEs.