Chương IV Nghị định 39/2018/NĐ-CP: Hỗ trợ doanh nghiệp nhỏ và vừa chuyển đổi từ hộ kinh doanh, khởi nghiệp sáng tạo, tham gia cụm liên kết ngành, chuỗi giá trị

Chapter IV

SUPPORT FOR SMES CONVERTED FROM HOUSEHOLD BUSINESSES, CREATIVE STARTUPS AND SMES PARTICIPATING IN INDUSTRIAL CLUSTERS OR VALUE CHAIN

Section 1. Support for SMEs converted from household businesses

Article 15. Consultancy and guidelines for application and procedures for enterprise establishment

1. When a household business applies for conversion to an enterprise, the People’s Committee of province shall assign a body to provide consultancy and guidelines free of charge (hereinafter referred to as guiding body) as follows:

a) Procedures and application for registration of enterprise establishment

b) Procedures and application for certificate of eligibility for business applied to conditional industries (if any).

2. Application for consultancy and guidelines as provided in Clause 1 of this Article includes:

a) A copy of business registration certificate of the household business;

b) A copy of TIN registration certificate;

c) Copies of documents certifying payment of license fees, other taxes and amounts payable to state budget (if any), tax declaration within 1 year before conversion.

3. Procedures for registration of consultancy and guidelines free of charge:

a) The owner of household business shall submit an application prescribed in Clause 2 of this Article to the guiding body as specified in the Clause 1 of this Article;

b) Within 03 working days from the date of receipt, the guiding body shall provide consultancy and guidelines free of charge as prescribed in Clause 1 of this Article.

Article 16. Support on enterprise registration and information disclosure

A SME converted from a household business which submits a qualified application as required in Clause 2 Article 15 of this Decree shall be exempt from fee for initial enterprise registration charged by the business registration authority; and be exempt from fee for disclosure of initial enterprise registration on the national business registration portal.

Article 17. Support on appraisal and issuance of initial business license

1. A SME converted from a household business, engaging in conditional industry, is exempt from fee for appraisal and issuance of initial business license.

2. A SME converted from a household business, keep engaging in conditional industry without changing the scope of operation, and is still required to apply for re-issuance of business to the competent authority. The competent authority shall re-issue a business license within 3 working days from the date of receipt.

If the SME converted from household business solely change the scope of operation and keep engaging in the conditional industry, the competent authority shall provide consultancy and guidelines free of charge in terms of procedures for initial issuance of license.

Article 18. Support on license fees

The SME converted from household business shall be exempt from license fee within 3 years from the date on which the initial business registration certificate is issued.

Article 19. Support on consultancy and guidelines for administrative taxation procedures and accounting regulations

1. The SME converted from household business shall be eligible for free consultancy in terms of administrative taxation procedures and accounting regulations within 3 years from the date on which the initial business registration certificate is issued.

2. People’s Committees of provinces shall assign guiding bodies to provide consultancy and guidelines associated with administrative taxation and accounting regulations prescribed in Clause 1 of this Article free of charge.

Section 2. SUPPORT FOR CREATIVE SME STARTUPS

Article 20. Options for selecting creative SME startup joining the Scheme

A creative SME startup prescribed in Clause 2 Article 3 of Law on support for SMEs which meets conditions as specified in Clause 1 Article 17 of Law on support for SMEs may be selected to join the Scheme using one of the options below:

1. It is invested and provided the following:

a) Common working areas prescribed in Article 12 of Law on support for SMEs;

b) Creative startup supporting organizations, service providers, technical organizations, incubators, business promotion organizations that meet the following criteria: The head has at least 1 year’s experience in investment and finance advising and enterprise development support; the organization prescribed in Point b has operated and provided services, at least 1 year, for at least 10 creative startups and has invested or has appealed for investment worth at least VND 1 billion in creative SME startups in Vietnam;

c) Creative startup fund prescribed in Article 18 of Law on support for SMEs.

2. It has won national and international awards for creative startup or innovative and creative products and projects.

3. It has been issued with initiative or patent certificates.

4. It has been issued with science and technology enterprise certificate or high technology enterprise certificate.

5. It has been selected directly by the council.

The council is established by the authority in charge of Scheme and it operates according to the following rules:

a) The number of council’s members and working regulations shall be determined by the authority in charge of Scheme

b) At least a half of council members are representatives from domestic and international independent consultants, related associations and other individuals;

c) Council members being representatives of regulatory agencies work as part-time job;

d) The council operates continuously throughout the duration of the Scheme and self-dissolves upon completion of the Scheme.

Article 21. Detailed support for creative startups

1. Support on consultancy on intellectual property; intellectual property utilization and development:

a) Cover 100% price of contract for consultancy on establishment, transfer, and protection of intellectual property rights;

b) Cover 100% price of contract for consultancy on formulation and implementation of intellectual property policies and strategies;

c) Cover 100% price of contract for consultancy on designs, protection registration and utilization of brand names, industrial designs, and patents;

d) Cover 100% price of contract for consultancy on intellectual property associated with geographical indication.

2. Support on procedures for technical regulations and standards, quality measurement; testing and improvement of new products and business model:

a) Provide information on system of domestic and international standards and regulations, free of charge, related to the lines of business of the creative startups;

b) Cover 100% price of contract for consultancy on basic standard formulation;

c) Reduce 50% of fee for testing measurement instruments; reduce 50% of fee for survey, calibration, and inspecting of measurement instruments and standards; reduce 50% expenses associated with quantitative conformity mark of pre-packed goods in conformity with technical requirements of measurement but not exceeding VND 10 million per testing and not exceeding once a year;

d) Cover 100% of price of contract for consultancy enabling creative startups to carry out measurement itself;

dd) Reduce 50% of fee for testing of goods quality at the testing system in regulatory agencies but not exceeding VND 10 million per testing and not exceeding once a year.

3. Support on technology applications and transfers

Cover 50% price of contract for high technology applications and contract for technology transfers but not exceeding VND 100 million per contract and up to one contract per year.

4. Support on training, information, trade promotion, and commercialization:

a) Cover 50% expenses associated with intensive training in: Product development; product commercialization; appealing for investment; market development; connecting startup network with scientific researchers. The supported expenses do not exceed VND 20 million per training course and up to 1 training course per year;

b) Free access to information and database of patents, technology and research findings;

c) Cover 100% expenses associated with stalls in domestic and international trade fairs; give the creative startups priority to participate in trade promotion programs funded by state budget;

d) Free access to information and communication in terms of connection with creative startup network, attract investment from creative startup funds.

5. Support on technical facilities, incubators, and common working areas:

a) Cover 100% expenses associated with using equipment at technical facilities that support SMEs;

b) Cover 50% of expenses but not exceeding VND 5 million per month for a creative SME startup associated with fee for participation in incubators, common working areas intended for creative startups.

Section 3. SUPPORT FOR SMEs PARTICIPATING IN INDUSTRIAL CLUSTERS AND VALUE CHAIN

Article 22. Criteria for selecting industrial cluster and value chain

An industrial cluster or value chain in manufacturing or processing sector is eligible for SMEs support if it meets one of the following criteria:

1. It makes a high contribution to gross domestic product (GDP) of the country or administrative divisions.

2. It creates jobs for unemployed people.

3. It creates high added value.

4. It has a high density of participants.

Article 23. Options for selecting SME startup participating in industrial clusters and value chain to join the Scheme

A SME participating in industrial cluster or value chain prescribed in Clause 2, Clause 7 Article 3 of Law on support for SMEs operating in manufacturing and processing sector which meet conditions as specified in Clause 1 Article 19 of Law on support for SMEs may be selected to join the Scheme using one of the options below:

1. It has entered into cooperation contracts with leading enterprises in the industrial cluster or value chain.

2. It has a contract for joint purchase of input materials.

3. It has a contract for joint sale of products.

4. It has conducted branding and use of regional brand name.

Article 24. Detailed support for SMEs participating in industrial clusters and value chain

1. Cover 50% expenses associated with training courses in advancement of engineering in specialized production but not exceeding VND 30 million per 01 training course for an enterprise and up to 01 training course per year.

2. Support on business association:

a) Cover 100% price of contract for consultancy on promoting association in industrial cluster or value chain;

b) Cover 100% price of contract for consultancy on planning projects on business association to promote market development and enhance the value of goods.

3. Support on development of brand names and market expansion:

a) Cover 100% expenses associated with stalls in domestic and international trade fairs; give the creative startups priority to participate in trade promotion programs funded by state budget;

b) Cover 100% price of contract for consultancy on brand names, trade names, geographical indications, and business secret;

c) Cover 100% price of contract for seeking information, promoting products, developing brand name of value chain and industrial cluster but not exceeding VND 20 million per contract and up to one contract per year.

4. Consultancy on technical regulations and standards, quality measurement:

a) Provide information on system of domestic and international standards and regulations, free of charge, related to the lines of business of SMEs participating in industrial cluster and value chain;

b) Cover 100% price of contract for consultancy on basic standard formulation;

c) Reduce 50% of fee for testing measurement instruments; reduce 50% of fee for survey, calibration, and inspecting of measurement instruments and standards; reduce 50% expenses associated with quantitative conformity mark of pre-packed goods in conformity with technical requirements of measurement but not exceeding VND 10 million for every testing and up to once a year;

d) Cover 100% of price of contract for consultancy enabling enterprises to carry out measurement itself.

5. Support on procedures for pilot production, survey and certification of quality:

a) Cover 100% expenses associated with testing, survey and certification of product quality;

b) Support on goods quality laboratories of SMEs participating in industrial cluster and value chain;

c) Reduce 50% of fee for testing of goods quality at the testing system in regulatory agencies but not exceeding VND 10 million for every testing and not exceeding once a year;

d) Cover 50% expenses associated with contract for ordering institutes and schools to research to develop products but not exceeding VND 30 million per testing and up to once a year.