Chương 1 Nghị định 56/2009/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Decree provides for policies on, and the state management of. assistance to the develop­ment of small- and medium-sized enterprises.

Article 2. Subjects of application

This Decree applies to small- and medium-sized enterprises, organizations providing assistance to the development of small- and medium-sized enterprises and agencies performing the state management of assistance to the development of small- and medium-sized enterprises.

Article 3. Definition of small- and medium-sized enterprises

1. Small- and medium-sized enterprises are business establishments that have registered their business according to law and are divided into three levels: very small, small and medium according to the sizes of their total capital (equivalent to the total assets identified in an enterprise's accounting balance sheet) or the average annual number of laborers (total capital is the priority criterion), concretely as follows:

2. Depending on the nature and objectives of each assistance policy or program, the sponsoring agencies may concretize the above criteria as appropriate.

3. The Ministry of Planning and Investment (the General Statistics Office) shall assume the prime responsibility for. and coordinate with ministries, branches and concerned agencies in. investigating, summing up and publicizing annual statistical data on small- and medium-sized enterprises according to the definitions in this Decree.

Article 4. Plans on assistance to the development of small- and medium-sized enterprises, which cover the solutions and funds for implementation, must be incorporated into annual and five-year plans of ministries, branches, localities and the national economy.

Article 5. Assistance programs

1. The State's programs on assistance to small- and medium-sized enterprises (called assistance programs for short) means the target programs reserved for small- and medium-sized enterprises, which are formulated on the basis of orientations for socio-economic development, branch and local development and are included in annual and five-year plans. Priority will be given to programs on assistance to small- and medium-sized enterprises owned by women and small- and medium-sized enterprises employing a larger number of female laborers.

2 Before being submitted to competent authorities for approval, programs on assistance to small- and medium-sized enterprises must be commented by the central state management agency for assistance to the development of small- and medium-sized enterprises, defined in Article 15 of this Decree, with a view to ensuring consistency and integration with other state programs on assistance to small- and medium-sized enterprises.

3. Ministries, branches and localities formulate, and organize the implementation of, assistance programs in the domains or localities under their respective management. The Ministry of Planning and Investment shall act as the key body summing up reports on the implementation of assistance programs and on matters to be settled, for submission to the Prime Minister.

4. Depending on the nature and scope of each assistance program, state-run non-business organizations and capable service providers may participate in the implementation of programs via bidding as prescribed by law.

Article 6. Promulgation of regulations related to small- and medium-sized enterprises

Agencies taking charge of drafting legal documents related to small- and medium-sized enterprises shall coordinate with the central state management agency for assistance to the development of small- and medium-sized enterprises, defined in Article 15 of this Decree, in order to ensure that those legal documents will facilitate the development of small- and medium-sized enterprises.