Chương 3 Nghị định 56/2009/NĐ-CP: Quản lý nhà nước về trợ giúp phát triển doanh nghiệp nhỏ và vừa

Chapter III

STATE MANAGEMENT OF ASSISTANCE TO DEVELOPMENT OF SMALL- AND MEDIUM-SIZED ENTERPRISES

Article 15. The central state management agency for assistance to the development of small- and medium-sized enterprises

1. The Government shall perform the unified state management of the small- and medium-sized enterprise development promotion. The Ministry of Planning and Investment shall act as the body assisting the Government in performing the unified state management of assistance to the development of small- and medium-sized enterprises.

2 The Enterprise Development Department of the Ministry of Planning and Investment shall assist the Minister of Planning and Investment in performing the state management of development of small- and medium-sized enterprises in the following aspects:

a/ Formulating, or participating in the formulation of, policies, legal documents on development of small- and medium-sized enterprises for submission to competent authorities for promulgation; synthesizing assistance plans and programs, orientating the assistance objectives and defining criteria and domains of assistance to small- and medium-sized enterprises.

b/ Organizing training courses to raise the capabilities of officials in charge of assisting small- and medium-sized enterprises, to foster the skills of assistance to the development of small- and medium-sized enterprises and to guide the establishment and raise the capability of the small- and medium-sized enterprise development-assisting system.

c/ Acting as a coordinator for international cooperation on development of small- and medium-sized enterprises, calling for resources from the outside to assist small- and medium-sized enterprises.

d/ Coordinating with concerned agencies and organizations in supplying necessary information for small- and medium-sized enterprises; making annual reports on small- and medium-sized enterprises; summing up reports on the development of small- and medium-sized enterprises and matters to be tackled for the Minister of Planning and Investment to submit them to the Prime Minister for consideration and handling; organizing pilot models, programs and projects on assistance to the development of small- and medium-sized enterprises.

e/ Acting as the permanent secretary of the Council for Encouragement of Development of Small- and Medium-Sized Enterprises.

Article 16. Council for Encouragement of Development of Small- and Medium-Sized Enterprises

1. The Council for Encouragement of Development of Small- and Medium-Sized Enterprises (referred to as the Council) shall perform the tasks of advising the Prime Minister on incentive mechanisms and policies on development of small- and medium-sized enterprises. Its members work as part-timers. The Prime Minister shall decide on its tasks at the proposal of its president.

2. The Council shall be composed of:

- The president being the Minister of Planning and Investment.

- The permanent secretary being the Director of the Enterprise Development Department.

- Representatives of leaderships of the Ministries of Planning and Investment; Industry and Trade; Finance; Justice; Agriculture and Rural Development; Construction; Transport; Science and Technology; Natural Resources and Environment; Education and Training; and Labor. War Invalids and Social Affairs, and the Steering Committee for Enterprise Renewal and Development.

- Representatives of the leaderships of provincial-level People's Committees of Hanoi. Ho Chi Minh City. Hai Phong. Da Nang and Can Tho.

- Representatives of the leaderships of Vietnam Chamber of Commerce and Industry. Vietnam Union of Cooperatives, Vietnam Association of Small- and Medium-Sized Enterprises and other enterprise associations.

3. The list of the Council's members will be decided by the Council President at the proposal of managing agencies.

4. According to practical requirements of the assistance to the development of small- and medium-sized enterprises and proposals of members, the Council President may set up a number of full-time sub-committees attached to the Council to provide advice on are as of assistance to small- and medium-sized enterprises. The composition and working regulations of such sub-committees will be decided by the Council President.

5. The working regulations of the Council will be decided by its President.

6. The operation fund of the Council will be included in the fund of the Enterprise Development Department.

Article 17. Center for promotion of small-and medium-sized enterprise development

The Ministry of Planning and Investment shall set up the Center for Promotion of Small-and Medium-Sized Enterprise Development (under the Enterprise Development Department) to materialize assistance policies and programs, which shall act as the focal point to provide consultancy and to experiment technical assistance models for small- and medium-sized enterprises.

Article 18. Local state management agencies for assistance to the development of small- and medium-sized enterprises

1. Provincial-level Peoples Committees shall assist the development of small- and medium-sized enterprises in their respective localities, concretely as follows:

a/ To orientate the development of small- and medium-sized enterprises; to formulate or participate in formulating documents guiding the implementation of state regulations on assistance to the development of local small- and medium-sized enterprises; to sum up the formulated programs on assistance to small- and medium-sized enterprises; to coordinate, guide and inspect the implementation of assistance programs after they are approved.

b/ To organize dialogues between local administrations and enterprises, aiming to exchange information, remove obstacles and difficulties in business activities of small- and medium-sized enterprises; to praise and commend artisans, entrepreneurs and small- and medium-sized enterprises that have recorded outstanding achievements in business activities and have been creative in product designing or job teaching.

c/ To annually report to the Ministry of Planning and Investment on the assistance to the development of small- and medium-sized enterprises and matters to be settled for sum- up and formulation of annual reports on small- and medium-sized enterprises.

d/ To coordinate with concerned ministries, branches and organizations in assisting the development of local small- and medium-sized enterprises according to current regulations.

2. Provincial-level People's Committees shall assign their Planning and Investment Departments to act as focal point and coordinate with other Departments and branches in formulating programs and plans on development of local small- and medium-sized enterprises and submit them to the provincial-level People's Committees for approval, promulgation and implementation direction. Localities with more than 3.000 small- and medium-sized enterprises (excluding cooperatives and business households) may each set up a unit attached to their Planning and Investment Department to perform the functions and tasks of assisting the development of small- and medium-sized enterprises in localities.

Article 19. Small- and medium-sized enterprise- assisting organizations

The Government encourages associations, economic organizations, socio-political and professional organizations and social organizations to set up and consolidate organizations assisting the development of small-and medium-sized enterprises; to participate in the formulation and materialization of programs on assistance to small- and medium-sized enterprises; and to develop business development services (BDS).