Chương 4 Nghị định 193/2013/NĐ-CP: Chính sách hỗ trợ, ưu đãi của nhà nước

Chapter 4.

STATE SUPPORT AND PREFERENTIAL POLICIES

Article 24. State support policies granted to cooperatives or associations of cooperatives

1. Human resource training and education policies

The State shall provide funds for formal professional and technical education and training programs taken by managers of cooperatives, associations of cooperatives or members of cooperatives.

2. Trade promotion and market expansion policies

The State shall provide support for cooperatives or associations of cooperatives so that they can attend domestic and overseas fairs and exhibitions; shall organize fairs and exhibitions specially designed for the cooperative sector; shall help cooperatives or associations of cooperatives build brands, trademarks and determine origin of products, develop and run the electronic information portal and e-commerce exchanges.

3. Application of new scientific, engineering and technological advances

a) The national and local fund for science and technology development shall annually set aside amounts used for supporting cooperatives or associations of cooperatives in upgrade and application of technologies and shall report on results of these activities to state regulatory authorities in charge of state management of cooperatives and associations of cooperatives;

b) The State shall fund scientific researches by using corresponding state budget allocations granted to cooperatives or associations of cooperatives that develop projects in researching and applying scientific, engineering and technological advances which are approved by competent authorities.

4. Policies on access to funding sources and cooperative development support funds

a) Cooperatives or associations of cooperatives that develop projects in new investment or investment in expansion of business and production capacity; those that do business in the agriculture field or at rural areas shall be entitled to interest rate relief and credit guarantee granted by cooperative development support funds, shall be given priority in lending funds from development banks and other credit institutions in accordance with law, shall be entitled to concessional loans under the Government's regulations on credit policies for agricultural and rural development;

b) Cooperative development support funds shall perform their duties to grant credit guarantee and interest rate relief to cooperatives or associations of cooperatives.

The Ministry of Finance shall preside over and cooperate with the Ministry of Planning and Investment, relevant ministries and sectoral administrations in appealing to the Prime Minister to provide instructions about regulations set forth in this paragraph.

5. Policies for facilitation of participation in target programs and socio-economic development programs

Qualified cooperatives or associations of cooperatives shall be preferred to participate in target programs and socio-economic development programs, including:

a) Projects for infrastructure construction in the localities of their business and management of completed construction projects, including market projects and projects for construction of infrastructure intended for development of industrial clusters and rural trade village clusters;

b) Other socio-economic development projects or programs in the localities of their business that are relevant to their competence.

6. Policies on establishment of new cooperatives or associations of cooperatives

a) Founding members of cooperatives shall be provided free-of-charge with information, consultancy and training in legislation on cooperatives before incorporation of these cooperatives;

b) Cooperatives or associations of cooperatives shall be offered counsels on formulation of their statutes, and shall provide instructions about and undertake implementation of the procedures for establishment, registration and structuring of business of cooperatives or associations of cooperatives.

Article 25. Support and preferential policies granted to cooperatives and associations of cooperatives operating in the agriculture, forestry, aquaculture and salt industry

In addition to those support and preferential policies specified in Article 24 herein, cooperatives or associations of cooperatives doing business in the agriculture, forestry, aquaculture or salt industry that supply products or services to members that are individuals, family households or legal entities doing business in the agricultural, forestry, aquaculture and salt production field shall be entitled to the following support and preferential policies:

1. Policies for support for investment in development of infrastructure

a) Investment in development of infrastructure, including: Working offices, drying grounds, storage facilities, product handling and processing workshops, electricity, water supply facilities, markets, water resource facilities, infrastructure intended for aquacultural production areas, agricultural supplies shops, inter-field traffic networks serving the production and business needs of members of cooperatives or associations of cooperatives. These infrastructure facilities shall be developed and constructed based on projects approved by competent authorities;

b) After infrastructure projects developed and constructed by using state support as prescribed in point a of this clause are completed, they shall become non-divisible property of cooperatives or associations of cooperatives; they shall be responsible for keeping custody of and maintaining them during their useful life.

2. Policies for allocation and leasing of land serving the business demands of cooperatives or associations of cooperatives

Land support given to cooperatives or associations of cooperatives shall be subject to law on land.

3. Credit incentive policies

a) Cooperatives or associations of cooperatives that are newly established or develop projects in new investment and investment in expansion of production and business capacity shall be preferred to receive loans from credit institutions in accordance with applicable laws;

b) Cooperatives or associations of cooperatives that develop projects for investment in production, business or export eligible for investment incentives shall be entitled to investment advantages prescribed in laws on investment.

4. Policies for support of funds, plant or animal varieties in case of natural disasters or epidemic outbreak

Depending on the degree of loss or damage, danger of an epidemic and their actual demands, cooperatives or associations of cooperatives doing business in the agriculture, forestry, aquaculture or salt industry may be entitled to support and preferential policies in terms of capital, plant and animal varieties in case of facing difficulties arising due to natural disasters or epidemics in accordance with existing laws on support of varieties, plants, livestock animals and fishery products for the purpose of recovering production activities at affected areas.

5. Policies for support for processing of products

a) Cooperatives or associations of cooperatives having demands for processing of products shall be entitled to support for research into development of investment projects in processing of products as prescribed in point b of clause 3 of Article 24 herein;

b) Cooperatives or associations of cooperatives shall be entitled to credit incentives for implementation of investment projects for processing of products in accordance with clause 3 of this Article.

Article 26. Support for business reorganization of cooperatives or associations of cooperatives

In case of registering changes in accordance with the Law on Cooperatives, cooperatives or associations of cooperatives shall be entitled to support policies specified in clause 6 of Article 24 herein.

In case where they register changes due to merger, consolidation, splitting or division of cooperatives or associations of cooperatives, 50% of costs incurred from these activities shall be covered by the State the same as establishment of new cooperatives or associations of cooperatives.

Article 27. Implementation of support and preferential policies

1. The Ministry of Planning and Investment shall preside over and cooperate with the Ministry of Finance, relevant ministries and sectoral administrations in formulating cooperative development support programs and submitting them to the Prime Minister to seek his approval of implementation of support and preferential policies stated in clause 1, clause 2, point b of clause 3 and clause 6 of Article 24; clause 1, clause 4 and clause 5 of Article 25 herein.

Cooperative development support programs must specifically regulate requirements and criteria for entitlement to support, support contents, funding sources and amounts that are based on determination of priority in terms of sectors, localities, and are relevant to socio-economic development conditions across the nation over periods of time and developmental level of cooperatives or associations of cooperatives.

2. People’s Committees of provinces or centrally-affiliated cities, ministries, sectoral administrations, fatherland front committees and other mass organizations may mobilize other funding sources other than those defined in cooperative development support programs in order to get involved in performing tasks defined in programs and other tasks under their delegated authority.

3. Cooperatives or associations of cooperatives already enjoying support and preferential policies defined herein shall not be allowed to enjoy other similar policies prescribed in other legislative documents, except for those preferences and support that are not specified herein.