Chương V Nghị định 27/2022/NĐ-CP quy định về cơ chế quản lý, tổ chức thực hiện các chương trình mục tiêu quốc gia: Cơ chế thực hiện hoạt động hỗ trợ phát triển sản xuất thuộc chương trình mục tiêu quốc gia

Chapter V

ORGANIZATIONAL MECHANISM FOR SUPPORT FOR DEVELOPMENT OF PRODUCTION ACTIVITIES UNDER NATIONAL TARGET PROGRAMS

Article 20. Principles of management of support for development of production activities of national target programs

1. State budget grant offered as support for development of production refers to conditional aid; the duration of support shall vary, depending on the manufacturing cycle or the term of investment in a national target program.

2. The mechanism for syndication of funds used as financial support for development of production activities in a national target program shall be implemented according to the regulations of Article 10 herein.

3. Mobilization of loans, funds from enterprises, cooperatives, cooperative alliances, organizations and individuals must be strengthened.

4. Funds of a national target program are preferably used as support for implementation of projects and plans for development of production according to the value chains; projects and models in poor districts; extremely underprivileged communes at coastal areas and islands; communes and villages facing extreme difficulties in ethnic minority and mountainous areas.

5. Projects and models providing support for production must ensure that at least 50% of participating residents are beneficiaries of financial support of national target programs, preferably those with more than 70% of participating residents who are people living in poor households, near poor households, households newly escaping from poverty, ethnic minority households, persons rendering meritorious service to the revolution, and women living in poor households, that will be funded more.

6. Payment and settlement of state budget funds used for providing financial support for development of production activities shall be based on results of acceptance testing of completed quantities in each year or stage.

Article 21. Support for development of value chain-linked production

1. Conditions for support for development of value chain-linked production

a) Data on the employment index, the rate of income raise and contribution to the local socio-economic development compared to the annual plan and the deadline for completion of the project must be shown in the linkage project and plan.

b) Affiliation lead unit and affiliates must have the contract or the memorandum of understanding on cooperation in terms of professional training, engineering assistance, provision of input materials and services, production organization, harvesting, preliminary treatment, processing, procurement and consumption of products.

c) The rate of involvement of the target population of national target programs shall be subject to the regulations laid down in clause 5 of Article 20 herein and those imposed by local regulatory authorities having appropriate jurisdiction.

2. The sample dossier on proposal for the linkage or affiliated project or plan for production and consumption of agricultural products shall be subject to the Government’s regulations on incentive policies for development of cooperation and affiliation in production and consumption of farm products.

The sample dossier on proposal for the linkage or affiliated plan or project in other industries and sectors and the conduit for dossiers of such kind shall be subject to the instructions provided by the program managing body.

3. Selection of the linkage or affiliation plan or project

a) The affiliation lead unit prepares the dossier on proposal for implementation of the project or plan on recommendation about support for development of value chain-linked production. The contents of each proposal dossier should clarify the following information: Capacity of the affiliation lead unit; the plan and scheme for production, business and consumption of products and provision of services; the detailed cost estimate of the plan year; key output indicators associated with project implementation timelines; the notarized copy of the contract, or the memorandum of understanding signed between the affiliation lead unit and the affiliate; other contents (if any) as prescribed by the program managing body.

b) The program managing body shall, within their competence, set up the Review Committee for linkage or affiliation projects and plans, agencies, units or departments working as assistants to the Committee.

The Committee shall be composed of the followings: The Committee's Chairperson that must be one of the leadership of a ministry, central authority, provincial People’s Committee; one of the leadership of a subordinate of a ministry, central authority; the leadership of sectoral regulatory affiliates under the delegated authority; the Committee’s members who are the leadership of People’s Committees of the districts where linkage or affiliation plans or projects are sited; representatives of regulatory authorities in the investment, financial fields, professional industries and sectors, and independent professionals or others (where required).

The review should give clear explanations about conformance to the requirements prescribed in clause 1 of this Article and the necessity of the linkage or affiliation plan or project.

c) Based on the review opinions, the Minister, the Head of the central authority shall issue their decision or authorize the Head of the agency or unit directly subordinate to the ministry or central authority to issue decision on approval of the linkage or affiliated plan or project; the President of the provincial People's Committee shall be vested with authority to issue his/her decision or authorize the Chairperson of the district-level People’s Committee to do so. The head of the local authority directly affiliated to the provincial People's Committee shall be authorized to issue decision on approval of the linkage or affiliated plan or project.

d) The decision on approval of the linkage or affiliated plan or project should contain the followings: Project or plan title; implementation period; location; total budget, structure of funds (e.g. state budget funds, funds of linkage lead units, contributions of affiliates, soft loans, funds mixed or pooled from various financial support policies); description and amounts of state budget funding; expected outcomes measured at the end of the budgetary year and till the time of completion; eligible participants; disciplinary actions and mechanism for recovery of state budget grants that must be described in case where the affiliation lead unit violates its commitments and other relevant requirements (if any).

4. Financial support tasks to be performed by using state budget grants for funding national target programs under the guidance of program managing bodies shall be in line with specific national target programs. The following details of support offered to affiliates must be preferred:

a) Training in production techniques; management skills; improvement of capacity for contract, value chain management and market development.

b) Transfer and application of new scientific and technological advances; application of the technical process for production and management of quality in sync with value chains.

c) Supplies and equipment intended for production and supply of services, plant and livestock varieties.

d) Advertising and trade promotion of goods and services.

5. Amounts and methods of provision of state budget grants approved by competent regulatory authorities for implementation of national target programs

a) The maximum grant is not greater than 80% of total cost per a linkage or affiliation project or plan in an extremely underprivileged area; not greater than 70% in an underprivileged area; not greater than 50% in another area within the reach of investment of national target programs. The particular amount of grant per a project shall be subject to the program managing body’s instructions.

b) The state budget grants for implementation of linkage or affiliation plans or projects shall be offered through affiliation lead units.

6. Transferees of funds for supporting production development shall sign contracts with affiliation lead units to implement affiliation or linkage projects or plans; supervise, settle and disburse funds based on the results of acceptance testing in specific stages of completed items and activities involved in affiliation or linkage plans and projects according to the schedule decided by competent authorities.

Article 22. Support for development of community-based production

1. Conditions for offering support to community-based production plans or projects

a) Ensure that the rate of involvement of the target population of national target programs conforms to the regulations laid down in clause 5 of Article 20 herein and those imposed by local regulatory authorities having appropriate jurisdiction.

b) The local community proposing a production development project refers to a group of households certified by the commune-level People’s Committee; an artel set up voluntarily as per law; a group of households represented by socio-political organizations; a group of households represented by Village Development Boards or a group of households represented by renowned ethnics in mountainous areas.

c) Community group must be composed of members who are successful in business.

d) Households participating in a project must meet conditions regarding facilities, labor and means of production that are commensurate with items of a project and must commit to providing the sufficient amount of counterpart fund for implementation of the project.

2. Sample dossiers, procedures, processes and items of the review of dossiers on proposal for production projects or plans shall be subject to the instructions provided by program managing bodies.

3. Selection of community-based production plans or projects

a) The local community shall formulate the dossier on proposal for the production plan or project. Each dossier should contain the followings: Minutes of the meeting with residents; plan for production, business and consumption of products; total project cost, proposed amounts of state budget grants, contributions of members of the community group; project outcomes; forms of circulation, rotary use, management of physical objects or cash circulated in the community (if any); supervisory responsibilities of commune-level People’s Committee towards management of physical objects or circulated cash; demands for professional training and engineering drills; others (if any) in accordance with regulations of local regulatory authorities.

b) The district-level People’s Committee shall set up the Commission for review of dossiers on proposal for production plans and projects, and decide on the units or divisions working as assistants to the Commission. The Commission shall be composed of the followings: The Commission’s Chief who is one of the leadership of the district-level People’s Committee; members who are holding the executive posts in the People’s Committee of the commune where the community-based production plan or project is sited; participants who are the leadership of functional divisions of the district-level People's Committee; professionals or persons acquiring professional qualification and experience related to support for production development that are nominated by the community (if any).

c) Based on the review opinions, the Chairperson of the district-level People’s Committee shall issue the decision or authorize the Chairperson of the commune-level People’s Committee, the Head of the agency or unit directly subordinate to the district-level People’s Committee to issue decision on approval of the production development plan or project proposed by the community.

d) The decision on approval of the plan or project for support for production development must contain the followings: Plan or project title; implementation period; location; eligible participants; activities involved; estimated budget; funding sources (e.g. state budget grants, soft loans, mixed/syndicated loans from different financial support policies and counterpart funds of participating households (if any)); types and amounts of revolving funds (if any); anticipated efficiency, expected outcomes; responsibilities of specific presiding and cooperating bodies; sanctions to be imposed in case of violation against commitments (if any).

4. Financial support tasks to be performed by using state budget grants for funding for implementation of national target programs under the guidance of program managing bodies shall be in line with specific national target programs. The followings are preferred:

a) On-demand engineering training for members of the community group, training in improvement of capacity for management and operation of the community group.

b) Supplies and equipment intended for production and supply of services, plant and livestock varieties.

c) Advertising and trade promotion of goods and services; tracing of product origin and product labelling.

5. Amounts and methods of provision of state budget grants approved by competent regulatory authorities for implementation of national target programs

a) The maximum grant is not greater than 95% of total cost per a project located in an extremely underprivileged area; not greater than 80% in an underprivileged area; not greater than 60% in another area within the reach of investment of national target programs. The particular amount of grant per a project shall be subject to the program managing body’s instructions.

b) State budget grants used for funding the production plans or projects shall be offered through the representatives that the community nominates.

6. Transferees of funds for supporting production development shall sign contracts with representatives of the community group; provide instructions on how to supervise, settle and disburse funds based on the results of acceptance testing in specific stages of completed items and activities involved in production plans or projects according to the schedule decided by competent authorities.

7. Part of grants in cash or in kind may revolve for circulation thereof in the community according to specific plans or projects for support for community-based production development approved by competent authorities.

a) The community shall, at their discretion, manage and take charge of revolving and circulating funds internally. Where the community is not competent to manage funds, transferees of grants used for funding production development shall appoint their personnel to assist the community in managing and taking charge of fund revolving and circulation.

b) Transferees of estimated budgets for implementation of plans or projects shall keep the final accounts of the actual and recorded amounts of state budget expenditures on support for community-based production development in specific projects in accordance with the Law on State Budget.

c) The provincial People’s Committees shall impose regulations on the rates of revolving funds and procedures for circulation of funds, procedures for monitoring and supervision of transferees of funds for support for development of production, and others relating to management of fund circulation within the community.

d) Upon completion of the project, if any participant in the project has no demand for fund in cash or in kind for fund revolving, circulating, re-investment or production expansion purposes, transferees of grants for funding production development shall make decisions on recovery of funds in cash or proceeds from closeout of physical objects to withdraw funds and remit them into the deposit accounts that they open at the State Treasury for use as support for implementation of new plans or projects approved by competent authorities (if any) or into the state budget in accordance with regulations in force.

Article 23. Support for development of task-based production

1. Financial support for development of task-based production shall be given in the following circumstances:

a) After examining the possibility of applying the support approaches specified in Article 21 and 22, such financial support is given when there is none of involvement of enterprises, cooperatives, other organizations, or funding proposals for funding submitted by the local community; to resident support projects seriously damaged by natural disaster, diseases, climate change or environmental pollution; to the projects or models intended for vulnerable persons; for production associated with strengthening of national defence and security and gender equality; to the models of application of new production technologies and techniques.

b) At least 70% of state budget grants need to be used for supporting production activities directly relating to the population’s production activities.

2. Processes, procedures and requirements of financial support for task-based production shall be subject to the Government’s regulations on task assignment, commissioning, order placement and tendering for provision of public products and services funded by the state budget's regular expenditures.

3. Amounts and methods of provision of state budget grants used for funding national target programs

a) The maximum amount of grants used for funding one (01) project shall be 03 billion dong. Suppliers, households and community participating in projects are advised to make counterpart contributions (in cash, working days or in kind).

b) The state budget grants are offered through assignees and suppliers.

4. Offerors or assignors sign supply contracts with suppliers or task assignment decisions towards assignees; provide instructions on how to supervise, settle and disburse funds based on the results of acceptance testing in specific stages of completed items and activities involved according to the schedule approved by competent authorities.

Article 24. Support for development of purpose-made production

1. Financial support for development of purpose-made production shall be given in the following circumstances:

a) Such financial support is given to the new production development projects and models to be piloted to carry out scientific researches and production innovation before widespread use; the projects or models of production development aligned with economic development and maintenance of national defence, security, environmental protection and adaptation to climate change.

b) Such financial support is given to the projects and models of development of production that are not fitted to support approaches stipulated in Article 21, 22 and 23 herein.

2. Ministries and central authorities assigned the budget for support for production shall formulate and approve projects and models aligned with objectives, tasks and requirements of component projects according to decisions on approval of investment in national target programs.

3. The state budget shall provide adequate funding for implementation of projects and models aligned with the objectives and tasks specified in the Prime Minister's decision on approval of investment in national target programs. Ministries and central authorities shall implement the projects and models, and disburse funds based on results of acceptance testing of the projects and models according to the approved objectives and tasks.