Chương II Nghị định 28/2018/NĐ-CP về hướng dẫn Luật Quản lý ngoại thương về biện pháp phát triển ngoại thương: Các hoạt động xúc tiến thương mại phát triển ngoại thương

Chapter II

FOREIGN TRADE PROMOTION ACTIVITIES

Section 1. FOREIGN TRADE PROMOTION ACTIVITIES

Article 3. Foreign trade promotion activities

1. Establish trade connection and join distribution systems in foreign countries and in Vietnam.

2. Provide assistance in the development and operation of trade and logistics infrastructure.

3. Provide assistance in the research into development and enhancement of the quality of products and products.

4. Provide training to increase the capacity for trade promotion and market development.

5. Carry out other activities in accordance with regulations of law.

Article 4. Establishment of trade connection and participation in distribution systems in foreign countries and in Vietnam

1. Organize and participate in trade promotion conferences, fairs, exhibitions, trade exchanges and events in foreign countries and in Vietnam to serve import and export.

2. Provide counseling and assistance in building distribution systems and areas for display and introduction of exports in foreign countries and in Vietnam.

3. Form business delegations to carry out market survey and trade exchanges with foreign businesses and organizations.

4. Let delegations of foreign businesses enter Vietnam to participate in conferences, fairs, exhibitions, carry out market survey and trade exchanges with Vietnamese businesses.

5. Establish trade promotion through e-commerce platforms, portals, Internet and telecommunications network.

6. Other specific activities decided by the Minister of Industry and Trade.

Article 5. Provision of assistance in the development and operation of trade and logistics infrastructure

1. Provide assistance in the development of trade and logistics infrastructure that includes: exhibition and fair centers, trade promotion infrastructure, logistics centers, bonded warehouses, container freight stations.

2. Trade promotion activities aimed at providing assistance in logistics include:

a) Organizing and participating in logistics conferences, fairs and exhibitions in foreign countries;

b) Inviting business delegations to Vietnam to discuss about opportunities for investment and cooperation in development of logistics services;

c) Holding Vietnamese logistics forums, international logistics fairs and exhibitions in Vietnam;

d) Other specific activities decided by the Minister of Industry and Trade.

Article 6. Provision of assistance in the research into development and enhancement of the quality of products and products

1. Provide assistance in the research into products, industries and markets

a) Establish and release information and database on products, industries and markets, instruct and assist enterprises in accessing, applying and complying with regulations, standards and conditions set out by importers and international commitments relating to exports and imports;

b) Arrange and participate in survey programs, conduct research into products, industries and markets;

c) Organize domestic and foreign conferences, workshops, seminars and forums to provide information about products, industries and markets;

d) Introduce products with export potential through domestic and foreign mass media.

2. Provide assistance in increasing the capacity for design creation to develop products and markets

a) Provide training to increase the capacity for product design and development for enterprises and designers;

b) Provide counseling, hire experts to provide counseling and assistance in product design and development.

c) Promote international cooperation in product design and development;

d) Establish a connection between enterprises and designers;

dd) Propagate product design and development;

e) Other activities related to provision of assistance in increasing the capacity for design creation for enterprises.

3. Provide assistance in increasing the capacity for brand development and protection.

4. Other specific activities decided by the Minister of Industry and Trade.

Article 7. Provide training to increase the capacity for trade promotion and market development

1. Provide training and counseling and increase capacity (direct and online)

a) Search, collect and process commercial information, survey and research into markets and export industries;

b) Formulate and implement import and export marketing strategies;

c) Develop and introduce brands of potential export industries, increase the capacity of developing and introducing brands;

d) Organize and participate in trade promotion programs, conferences, fairs, exhibitions and trade exchanges;

dd) Organize and participate in establishing trade connection, participate in distribution systems, including trade connection through e-commerce platforms, portals, Internet and telecommunications network;

e) Negotiate, sign and execute contracts; settle international trade disputes;

g) Design and develop products to meet market demands;

h) Other trade promotion skills decided by the Minister of Industry and Trade.

2. Prepare and release publications and documents about training aimed at increasing the capacity for trade promotion and market development.

3. Other specific activities decided by the Minister of Industry and Trade.

Section 2. NATIONAL TRADE PROMOTION PROGRAM

Article 8. General provisions on national trade promotion program

1. The national trade promotion program (hereinafter referred to as “Program”) includes trade promotion activities that are carried out according to the following criteria:

a) Promote trade in products and industries with export potential of economic areas and country and develop export markets;

b) Boost import efficiency and serve domestic production and export;

c) Conform to socio - economic development strategy and foreign trade strategy in each period;

d) Be promulgated by the Prime Minister and have regulation on cooperation by ministries. The Ministry of Industry and Trade shall be a presiding authority.

dd) Promote export and import trade, establish a connection between ministries, and between industries or between areas;

e) Implement the Program through the Program implementation schemes that are decided by the competent authority specified in Article 10 of this Decree and funded by state budget;

g) The units presiding the schemes must be reputable, typical and capable of organization.

2. Objectives of the Program

a) Contribute to increasing enterprise community's capacity for production and trade;

b) Provide assistance in development of commercial and logistics infrastructure to serve foreign trade;

c) Promptly and effectively respond to changes in import and export markets.

3. The units presiding the schemes included in the Program include (presiding units):

a) Trade promotion organizations affiliated to Ministries and ministerial agencies;

b) Other trade promotion organizations: Industry associations and enterprise associations that operate nationwide; Vietnam Farmers' Union; local authorities’ trade promotion organizations, trade promotion organizations established by the Prime Minister.

4. Program’s participants and beneficiaries are enterprises of all economic sectors, cooperatives and Vietnamese trade promotion organizations that are established in accordance with applicable laws. Program’s participants and beneficiaries shall comply with regulations of this Decree and effectively implement foreign trade promotion schemes.

5. The Program implementation scheme must satisfy the following requirements:

a) Conform to practical demands of the enterprise community;

b) Conform to the import and export and industry development strategies approved by the competent authority;

c) Conform to economic area and local development strategies and planning;

d) Conform to regulations specified Articles 9 and 15 of this Decree;

dd) Ensure the feasibility of implementation methods, implementation date and progress, human resources and budget;

e) Regarding the schemes that are implemented for more than 01 year, the presiding unit shall develop contents, prepare funding and make an estimate for each year.

Article 9. Funding sources, rules for provision of funding and funding for trade promotion schemes included in the Program

1. Funding for implementation of the Program is covered by:

a) State budget annually allocated in conformity with export growth target decided by the National Assembly in each period;

b) Contributions of participants;

c) Sponsorship from domestic and foreign organizations and individuals;

d) Other legal funding sources prescribed by law.

2. Rules for provision of funding:

a) The State shall provide partial funding for implementation of trade promotion schemes;

b) Funding for implementation of the Program is included in the annual budget expenditure estimate of the Ministry of Industry and Trade;

c) The presiding units is entitled to receive state funding for implementation of trade promotion schemes included in the Program and shall use such funding in an effective manner and for the right purposes, and settle it in accordance with applicable regulations;

d) Units shall be provided with assistance in participation through the unit in charge of implementation of the Program.

dd) The presiding units shall call for funding in addition to the funding provided by the state.

3. 100% of funding shall be provided for performance of trade promotion activities specified in Article 15 of this Decree.

4. The Ministry of Industry and Trade shall prescribe criteria, contents and funding for trade promotion activities included in the Program.

Article 10. Procedures for formulating Program implementation schemes

1. Before May 30 of the year succeeding the plan year, presiding units shall submit 02 sets of application for proposal for the Program implementation scheme to the Ministry of Industry and Trade.

2. An application for proposal for the Program implementation schemes includes:

a) A written proposal for the Program implementation schemes;

b) A detailed trade promotion scheme;

c) A copy of the establishment decision or Charter (or the equivalent), the presiding unit's latest trade promotion report.

3. The application may be submitted:

a) by post; or

b) directly to the Ministry of Industry and Trade.

4. Cases in which the application is rejected:

a) The presiding units fail to comply with Clause 3 Article 8 of this Decree;

b) The activities included in the schemes are not mentioned in Article 15 of this Decree;

c) The application is not prepared as prescribed in Clause 2 of this Article;

d) Other cases prescribed by relevant regulations of law.

5. In the case of rejection of the application as prescribed in Clause 4 of this Article, within 10 working days from the date on which the application is received, the Ministry of Industry and Trade shall provide written explanation to the presiding units.

6. The Program implementation scheme shall be approved

a) Within 20 working days from the date on which the budget expenditure estimate is received, the Minister of Industry and Trade shall decide to approve the schemes and funding in a manner that total funding for implementation of the schemes shall not exceed the total allotted funding.

b) Within 05 working days from the date of issuance of the scheme approval decision, the Ministry of Industry and Trade shall inform presiding units and relevant regulatory authorities of disapproved schemes.

Article 11. Addition of the Program implementation schemes

1. In the case of addition of the schemes apart from the approved ones, the presiding units shall submit 02 sets of application for proposal for additional schemes.

2. An application for proposal for additional Program implementation schemes includes:

a) A written proposal for the Program implementation schemes;

b) A detailed trade promotion scheme;

c) A copy of the establishment decision or Charter (or the equivalent), the presiding unit’s latest trade promotion report.

3. The application may be submitted:

a) by post; or

b) directly to the Ministry of Industry and Trade.

4. The Ministry of Industry and Trade shall review progress, contents and funding for the schemes to adjust and recover the remaining funding, and approve additional Program implementation schemes.

Article 12. Contract for assignment of implementation of the scheme included in the Program

1. According to the Program approval decision of the Minister of Industry and Trade, the trade promotion authority affiliated to the Ministry of Industry and Trade shall sign a contract for assignment of implementation of the scheme included in the Program with the presiding units and settle the funding under the signed contract.

2. The contract includes the following contents:

a) Name of the scheme;

b) Time for implementation;

c) Place where trade promotion activities are carried out;

d) Specific work items;

dd) Rights and obligations of the contracting parties;

e) Cost estimate;

g) Terms concerning commissioning, payment and settlement.

Article 13. Adjustment and change to scheme’s contents

1. In the case of adjustment or change to the contents of the approved scheme, at least 15 days before the first date of trade promotion, the presiding unit shall submit a written request for adjustment or change to the scheme's content to the Ministry of Industry and Trade.

2. Within 07 working days from the date on which the written request is received, the Ministry of Industry and Trade shall send a written response specifying its assenting or dissenting opinions about the adjustment or change to the scheme’s contents.

3. In case the presiding unit fails to achieve the targets, contents or progress of the approved scheme or the scheme’s contents are considered no longer inappropriate, the Minister of Industry and Trade shall consider and decide to close the scheme.

4. In case of failure to implement or complete the scheme during the plan year, the presiding unit shall inform the Ministry of Industry and Trade for consideration.

Article 14. Reporting scheme implementation

1. Within 15 working days from the last date of trade promotion, the presiding unit shall submit a scheme implementation report to the Ministry of Industry and Trade.

2. The presiding unit shall submit reports, provide documents or explanation for issues concerning scheme implementation at the request of the competent authority in accordance with regulations of this Decree.

Article 15. Activities eligible to be provided with assistance from the Program

1. Establishment of trade connection and participation in distribution systems in foreign countries and in Vietnam

a) Organize international fairs and exhibitions on imports in foreign countries and in Vietnam; organize domestic fairs and exhibitions on imports, imported materials and equipment imported that serve manufacture of exports, technology products and raw materials that serve manufacture of domestic products that have an competitive advantage;

b) Provide assistance in design of an exports display and introduction column on the web portal, e-commerce network, internet and telecommunication network;

c) Form business delegations to carry out market survey and trade exchanges with foreign businesses and organizations;

d) Let delegations of foreign businesses enter Vietnam to participate in conferences, fairs, exhibitions, carry out market survey and trade exchanges with Vietnamese businesses.

dd) Organize international conferences on export industries in Vietnam.

2. Provide assistance in the development and operation of trade and logistics infrastructure

a) Organize and participate in logistics conferences, fairs and exhibitions in foreign countries;

b) Invite business delegations to Vietnam to discuss about opportunities for investment and cooperation in development of logistics services;

c) Hold Vietnamese logistics forums, international logistics fairs and exhibitions in Vietnam.

3. Provision of assistance in the research into development and enhancement of the quality of products and products

a) Establish and release information and database on products, industries and markets, instruct and assist enterprises in accessing, applying and complying with regulations, standards and conditions set out by importers and international commitments relating to exports and imports;

b) Arrange and participate in survey programs, conduct research into products, industries and markets;

c) Organize domestic and foreign conferences, workshops, seminars and forums to provide information about products, industries and markets

d) Provide training to increase the capacity for product design and development for enterprises and designers;

dd) Provide counseling, hire experts to provide counseling and assistance in product design and development;

e) Establish a connection between enterprises and designers;

g) Promote international cooperation in product design and development;

h) Introduce products.

4. Provide training to increase the capacity for trade promotion and market development

a) Provide training and counseling and increase capacity (direct and online) as prescribed in Clause 1 Article 7 of this Decree;

b) Prepare and release publications and documents about training aimed at increasing the capacity for trade promotion and market development.

5. Carry out other foreign trade activities prescribed by the Prime Minister.

Section 3. NATIONAL BRAND DEVELOPMENT PROGRAM

Article 16. Rules and general regulations on the national brand development program

1. The national brand development program includes specific trade promotion activities that are carried out according to the following criteria:

a) Provide assistance in development, introduction and protection of product brand, enterprises and industries to promote foreign trade;

b) Conform to the socio-economic development and trade promotion strategies in each period;

c) Be carried out in the long term, in the country and foreign countries;

d) Be carried out within the framework of the brand development programs decided by the Prime Minister.

2. The funding for implementation of the national brand development programs is covered by:

a) Annual state budget;

b) Contributions by the participants

c) Sponsorship from domestic and foreign organizations and individuals;

d) Other funding sources prescribed by law.

3. Funding for implementation of the programs is included in the annual budget expenditure estimate of the presiding authority.

4. The logo and other forms of its expression within the framework of national brand development programs shall be protected under Vietnamese law and treaties to which the Socialist Republic of Vietnam is a signatory.

Article 17. National brand development programs

1. Vietnam national branding program.

2. Vietnamese industry brand development program.

3. Other programs decided by the Prime Minister.

Article 18. Vietnam national branding program

1. The Vietnam national branding program means a Government’s specific and long term trade promotion program. The Ministry of Industry and Trade takes charge and cooperates with ministries in developing and protecting brands, introducing national images and brands.

2. The program includes the following contents:

a) Setting targets, formulating strategies and plans for development in each period;

b) Establishing criteria and logo of Vietnam national brand;

c) Assisting enterprises in developing products that satisfy the criteria for Vietnam national brand;

d) Assisting in developing and protecting domestic and foreign brands;

dd) Providing information about and introducing Vietnam national branding program in the country and foreign countries;

e) Trade promotion activities prescribed in Article 3 of this Decree.

3. Rights of enterprises whose products are included in the Vietnam national branding program

An enterprise whose product is included in the Vietnam national branding program is entitled to:

a) use the Vietnam national brand logo and Vietnam national brand identity system to conduct its business operation according to regulations on logo management and use of the Vietnam national branding program

b) participate in formulating specific action strategies and programs to be included in the Vietnam national branding program;

c) receive funding for its involvement in the activities included in the Vietnam national branding program;

d) be given priority to engage in the activities included in the national trade promotion programs and relevant Vietnamese industry brand development programs;

dd) access database and information on market, product and industries included in the program, except for the information concerning its competitors or confidential information prescribed by law;

e) receive legal assistance from regulatory authorities in disputes about trade promotion measures of foreign countries, and about intellectual property rights over trademarks;

g) be given priority over completion of tax and customs procedures and other administrative procedures.

4. Obligations of enterprises whose products are included in the Vietnam national branding program

a) Comply with regulations of the Vietnam national branding program;

b) Submit periodic and ad hoc reports on its compliance with regulations of the program at the request of the Ministry of Industry and Trade;

c) Offer contributions (if any).

5. The Ministry of Industry and Trade shall take charge of making, and request the Prime Minister to promulgate regulations on design, management and implementation of the Vietnam national branding program.

6. The Ministry of Industry and Trade shall define criteria for the Vietnam national branding program.

Article 19. Vietnamese industry brand development program

1. The Vietnamese industry brand development program means a Government’s specific and long term program which is executed by Ministries and ministerial authorities in order to develop and introduce national brand to the industries suitable for import and export strategies and industry development strategies in each period, orientations and targets of the Vietnam national branding program

2. The Vietnamese industry brand development program includes the following contents:

a) Setting targets, formulating strategies and plans for industry development in each period; establishing industry criteria and logo systems;

b) Assisting and increasing associations and enterprises’ capacity for developing, managing and protecting industry brands;

c) Introducing industry brands in the country and foreign countries;

d) Trade promotion activities prescribed in Article 3 of this Decree;

dd) Assisting enterprises in developing products that satisfy the criteria for programs;

3. Vietnamese industry brand development program gives priority to areas, organizations, industry associations whose collective trademarks, certification trademarks and geographical indications are protected by industrial property rights in the country and foreign countries.

4. Ministries and ministerial agencies shall cooperate with the Ministry of Science and Technology in integrating development of industry brand into development of collective trademarks, certification trademarks and geographical indication in areas.

Section 4. MARKET DEVELOPMENT AND BRAND DEVELOPMENT AND INTRODUCTION PROGRAMS EXECUTED BY LOCAL GOVERNMENTS

Article 20. Rules and general regulations

1. A market development and brand development and introduction program executed by local governments includes trade promotion activities that are aimed at developing market, developing and introducing brand, and supporting local potential products for the purpose of local socio-economic development.

2. Ministries, ministerial agencies and relevant authorities shall cooperate with local governments in designing market development and brand development and introduction programs executed by local governments.

Article 21. Contents and funding for implementation

1. Local governments shall prescribed specific contents of market development and brand development and introduction programs executed by local governments and funding appropriate to local actual conditions.

2. The funding for market development and brand development and introduction executed by local governments is covered by:

a) Local government budget;

b) Contributions by the participants;

c) Sponsorship from domestic and foreign organizations and individuals;

d) Other funding sources prescribed by law.

3. Local governments shall publish information concerning local market development and brand development and introduction programs.