Chương IV Nghị định 80/2021/NĐ-CP: Hỗ trợ doanh nghiệp nhỏ và vừa chuyển đổi từ hộ kinh doanh, doanh nghiệp nhỏ và vừa khởi nghiệp sáng tạo, doanh nghiệp nhỏ và vừa tham gia cụm liên kết ngành, chuỗi giá trị

Chapter IV

ASSISTANCE FOR SMES CONVERTED FROM HOUSEHOLD BUSINESSES, STARTUPS, SMES PARTICIPATING IN INDUSTRY CLUSTERS, VALUE CHAINS

Section 1. Assistance for SMEs converted from household businesses

Article 15. Assistance in counseling, preparation of documentation and completion of procedures for enterprise establishment

1. The People’s Committees of provinces shall assign their Departments of Planning and Investment to provide counseling and instructions for household businesses to convert into enterprises free of charge regarding the following issues:

a) Documentation and procedures for enterprise registration;

b) Documentation and procedures for registration of the certificate of eligibility for conditional business lines (if any).

2. A household business that wishes to receive the instructions mentioned in Clause 1 of this Article shall submit a physical or electronic application to the Department of Planning and Investment, including: valid copy of the Business Registration Certificate of the household business; valid copy of the TIN registration certificate; valid copies of documents proving payment of licensing fees, taxes and other amounts payable to state budget (if any), tax declaration forms within 01 years before conversion.

Within 03 working days from the receipt of the application, the Department of Planning and Investment shall provide counseling and instructions on the issues specified in Clause 1 of this Article free of charge.

Article 16. Assistance in enterprise registration and publishing of enterprise’s information

SMEs that are converted from household businesses will be exempted from paying the fee for enterprise registration for the first time at the business registration authority, the fee for publishing of the enterprise’s in for the first time on National Enterprise Registration Portal.

Article 17. Assistance in completion of procedures for registration of conditional business lines

An SME that is converted from a household business that keep operating in their conditional business lines without changing the scale shall submit a request to relevant competent authorities to be granted documents about fulfillment of business conditions.

Within 03 working days from the day on which the request is received, the competent authority shall issue the aforementioned documents to the SME.

Article 18. Assistance in licensing fees

SMEs converted from household businesses will be exempted from licensing fees for 03 years from the issuance of the first Certificate of Enterprise Registration.

Article 19. Counseling, instructing completion of tax procedures and accounting

1. SMEs converted from household businesses will receive complimentary counseling and instructions about completion of tax procedures and accounting for 03 years from the issuance of the first Certificate of Enterprise Registration.

2. The People’s Committees of provinces shall request their Departments of Finance to counsel and instruct SMEs to complete tax procedures and accounting mentioned in Clause 1 of this Article.

Section 2. ASSISTANCE FOR STARTUPS

Article 20. Criteria for identification of startups

A startup defined in Clause 2 Article 3 of the Law on Provision of Assistance for Small and Medium Enterprises shall be identified according to one of the following criteria:

1. Production, sale of products derived from inventions, useful solutions, industrial designs, integrated circuit (IC) designs, computer software, cell phone applications, cloud computing, new animal breeds, plant varieties, aquatic organism breeds.

2. Production, sale of products that are created from trial production projects, prototypes and technology completion; production, sale of products that win national, international prizes for entrepreneurship, startups and science and technology prices in accordance with regulations of law on science and technology prizes.

3. There are new technological solutions or business models that might increase the enterprise’s revenue by at least 20% in 02 consecutive years on the basis of analysis of market share, prospective development of the products and competitiveness of the enterprise.

Article 21. Method for selection of startups eligible for assistance

According to the criteria specified in Article 20 of this Decree and the conditions specified in Clause 1 Article 17 of the Law on Provision of Assistance for Small and Medium Enterprises, assisting organizations shall select eligible enterprises as follows:

1. Select enterprises that won national or international prizes for startups or have startup-related products or projects, or are granted patents; or are granted science and technology enterprise certificate, high technology enterprise certificate or high technology-applying enterprise certificate.

2. Select enterprises that have been invested in or will be invested in under commitment of startup investment funds; receive assistance or will receive assistance from co-working spaces, startup assistance organizations, service providers, incubation facilities, business promotion facilities, startup centers as prescribed by investment laws.

3. Selection via a Council:

Assisting organizations may establish a Council to select eligible startups according to the criteria specified in Article 20 of this Decree following these principles:

a) The quantity of members and working mechanism of the Council shall be decided by the establishing authority;

b) At least 50% of the Council members shall be independent counselors. Other members shall be representatives of assisting organizations and work on a part-time basis;

c) Operating budget of the Council shall be included in the budget for provision of assistance for SMEs of the assisting organization.

Article 22. Contents of assistance for startups

1. Assistance in use of technical facilities, incubation facilities, co-working spaces

a) Reimbursement of 100% of the cost of using equipment at technical facilities, incubation facilities, co-working spaces but not exceeding 20 million VND/year/enterprise;

b) Reimbursement of up to 50% of the cost of leasing premises at incubation facilities, co-working spaces but not exceeding 5 million VND/year/enterprise for up to 03 years from the conclusion date of the lease contract.

2. Counseling intellectual property, use and development of intellectual property

a) Reimbursement of 100% of the value of the advisory contract for establishment, transfer, use and protection of intellectual property rights in Vietnam but not exceeding 30 million VND/contract/year/enterprise;

b) Reimbursement of 100% of the value of the advisory contract for preparation of description of inventions, industrial designs, corporate visual identity system but not exceeding 30 million VND/contract/year/enterprise;

c) Reimbursement of 100% of the value of the advisory contract for management and development of products and services with protected intellectual property rights in Vietnam but not exceeding 50 million VND/contract/year/enterprise.

d) Reimbursement of up to 50% of the value of the advisory contract for establishment, transfer, use and protection of intellectual property rights in foreign countries but not exceeding 50 million VND/contract/year/enterprise.

3. Assistance in completion of procedures relevant to technical regulations, standards, measurement, quality; testing, completion of new business models, products

a) Reimbursement of 100% of the value of the advisory contract for development and application of internal standards but not exceeding 10 million VND/contract/year/enterprise; development and application of quality control system but not exceeding 50 million VND/contract/year/enterprise;

b) Reimbursement of up to 50% of the cost of testing sample measurement instruments; cost of inspection, calibration, testing of measurement instruments, measuring standards; cost of issuance of quantity seals of pre-packed goods according to technical measurement requirements but not exceeding 10 million VND/year/enterprise;

c) Reimbursement of up to 50% of the cost of testing new products at goods testing units or organizations but not exceeding 30 million/year/enterprise;

d) Reimbursement of up to 50% of the value of the advisory contract for completion of new products, services, business models, technologies but not exceeding 50 million VND/contract/year/enterprise.

4. Technological assistance

Reimbursement of up to 50% of the value of the advisory contract for search, selection, decryption and technology transfer that is appropriate for the enterprise but not exceeding 100 million VND/contract/year/enterprise.

5. Assistance in advanced training

a) Reimbursement of up to 50% of the cost of participation in advanced training courses in Vietnam by employees of enterprises regarding development, commercialization of products; development of e-commerce; capital raising; market development; connection of startup network with scientific research but not exceeding 5 million/employee/year and not exceeding 03 employees/enterprise/year;

b) Reimbursement of up to 50% of the costs of short-term advanced training courses in foreign countries but not exceeding 50 million VND/employee/year and not exceeding 02 employees/enterprise/year.

6. Assistance in information, trade promotion, connection of startup network

a) Exemption of fees for access of domestic and international standards and regulations; inventions, technology information, scientific research findings; information about connection of startup network, attraction of investment from startup investment funds on SME Assistance Portal and websites of Ministries, ministerial agencies, governmental agencies and the People’s Committees of provinces;

d) Reimbursement of up to 50% of the value of the advisory contract for registration of seller accounts on international e-commerce platforms but not exceeding 100 million VND/contract/year/enterprise;

c) Reimbursement of up to 50% of the cost of maintenance of accounts on domestic and international e-commerce platforms but not exceeding 50 million VND/year/enterprise and for up to 02 years after the account is successfully registered on the e-commerce platform;

d) Assistance in paying the cost of leasing location, design and construction of booths, transport of products for display, travel, stay of representatives of enterprises participating in trade promotion fairs but not exceeding 30 million VND/year/enterprise for domestic events and not exceeding 50 million VND/year/enterprise for overseas events;

dd) Reimbursement of up to 50% of the costs of participation in international startup competitions but not exceeding 30 million VND/competition/year/enterprise.

Section 3. ASSISTANCE FOR SMEs PARTICIPATING IN INDUSTRY CLUSTERS AND VALUE CHAINS

Article 23. Criteria for identification of industry clusters and selection of eligible SMEs participating industry clusters

1. An industry cluster shall satisfy all of the following criteria:

a) There are enterprises that have production, business association in the same field or relevant fields and both compete and cooperate with each other;

b) There are at least 10 enterprises that both cooperate and compete within a specific administrative division;

c) There is participation of assisting organizations (research institutes, colleges, universities, associations and other relevant organizations).

2. SMEs participating in an industry cluster will be eligible for assistance if one of the following criteria is satisfied:

a) There is a joint contract for purchase of raw materials;

b) There is a joint contract for sale of products;

c) There is a contract for sale, association between enterprises in the industry cluster;

d) The brand is jointly developed and used.

Article 24. Criteria for identification of value chain and selection of eligible SMEs participating the value chain

1. An value chain shall satisfy all of the following criteria:

a) Products are manufactured and distributed to consumers;

b) There are leading enterprises in the value chain;

c) There are SMEs with potential to provide products and services for leading enterprises.

2. An SME participating in a value chain will be eligible for assistance if one of the following criteria is satisfied:

a) It is the chain leading enterprise;

b) There are contracts for sale, cooperation, association with chain leading enterprises;

c) It is considered by a chain leading enterprise or assisting organization a potential supplier of the chain leading enterprise.

Article 25. Contents of assistance for SMEs participating in industry clusters and value chains

1. Assistance in training

a) Reimbursement of up to 50% of the cost of organizing advanced training courses in technology and production technology at the enterprise but not exceeding 50 million VND/course/year/enterprise;

b) Reimbursement of up to 50% of the costs of advanced training for employees of the enterprise in order to develop the industry or value chain but not exceeding 10 million VND/employee/year and not exceeding 03 employees/enterprise/year.

2. Assistance in improving production and business association capacity

a) Reimbursement of 100% of the value of the advisory contract for comprehensive assessment of SMEs in the industry cluster or value chain but not exceeding 30 million VND/contract/year/enterprise;

a) Reimbursement of 100% of the value of the advisory contract for advanced technical upgrade for SMEs to improve production capacity, meet the requirements for connection and become a supplier of chain leading enterprises but not exceeding 100 million VND/contract/year/enterprise.

3. Assistance in information, brand development, connection and market expansion

a) Exemption from the fees for access the information about connection with chain leading enterprises, determination of demands of chain leading enterprises on SME Assistance Portal and websites of Ministries, ministerial agencies, governmental agencies, the People’s Committees of provinces;

b) Exemption from the fees for access the information about the systems of domestic and international standards and technical regulations in the field of the enterprises participating in the industry cluster or value chain on SME Assistance Portal and websites of Ministries, ministerial agencies, governmental agencies, the People’s Committees of provinces;

c) Reimbursement of up to 50% of the value of the advisory contract for registration of seller accounts on international e-commerce platforms but not exceeding 100 million VND/contract/year/enterprise;

d) Reimbursement of up to 50% of the cost of maintenance of accounts on domestic and international e-commerce platforms but not exceeding 50 million VND/year/enterprise and for up to 02 years after the account is successfully registered on the e-commerce platform;

dd) Assistance in paying the cost of leasing location, design and construction of booths, transport of products for display, travel, stay of representatives of enterprises participating in trade promotion fairs but not exceeding 50 million VND/year/enterprise for domestic events and not exceeding 70 million VND/year/enterprise for overseas events;

e) Reimbursement of 100% of the value of the advisory contract for establishment, transfer, use and protection of intellectual property rights in the country but not exceeding 50 million VND/contract/year/enterprise;

g) Reimbursement of 100% of the value of the advisory contract for search of information, advertising of products, development of the brands of the industry cluster and value chain but not exceeding 20 million VND/contract/year/enterprise.

4. Counseling about technical regulations, standards, measurement, quality

a) Reimbursement of 100% of the value of the advisory contract for development and application of internal standards but not exceeding 10 million VND/contract/year/enterprise; development and application of quality control system but not exceeding 50 million VND/contract/year/enterprise;

b) Reimbursement of up to 50% of the cost of testing sample measurement instruments; cost of inspection, calibration, testing of measurement instruments, measuring standards; cost of issuance of quantity seals of pre-packed goods according to technical measurement requirements but not exceeding 10 million VND/year/enterprise;

c) Reimbursement of 100% of the cost of issuance of certificate of conformity with technical regulations but not exceeding 20 million VND/product/year/enterprise.

5. Assistance in completion of procedures for experimental production, inspection, assessment, quality certification

a) Reimbursement of 100% of the cost of testing, inspection, assessment, certification of quality of products; cost of certification of quality control system but not exceeding 30 million/year/enterprise;

b) Reimbursement of up to 50% of the cost of testing new products and services at goods testing units or organizations by facilities, institutes, etc. but not exceeding 30 million VND/year/enterprise;

a) Reimbursement of up to 50% of the cost of using equipment at technical facilities, incubation facilities, co-working spaces but not exceeding 50 million VND/year/enterprise.

Section 4. SUBSIDIZED INTEREST RATE FOR STARTUPS, SMES PARTICIPATING IN INDUSTRY CLUSTERS, VALUE CHAINS

Article 26. Principles

In each period, startups, SMEs participating in industry clusters, value chains will be eligible for subsidized interest rates when taking medium-term, long-term loans from credit institutions to execute their business plans or projects following these principles:

1. The SMEs satisfy the criteria for startups specified in Article 20 of this Decree and the criteria for participation in industry clusters, value chains specified in Clause 2 Article 23, Clause 2 Article 24 of this Article, and have not been granted preferential interest rates in by the State in the same period.

2. State budget shall subsidize interest rates after investment is completed. Each enterprise will receive this kind of assistance for 01 business plan/project in a period.

3. Borrowing enterprises shall be assessed by the credit institutions and granted loans in accordance with regulations of law on lending by credit institutions.

Article 27. Subsidy rates

1. In each period, startups, the difference in interest rates shall be subsidized by state budget for loans granted by credit institutions to startups, SMEs participating in industry clusters and value chain at the rate of 2%/year.

2. Credit institutions shall grant subsidized loans to startups, SMEs participating in industry clusters and value chain within the estimated budget set up by the State; make advances, payments, statements in accordance with law and instructions of competent authorities.

3. SMEs that are eligible for subsidized interest rates shall be legally responsible for the accuracy of information they provide about their ability for subsidized interest rates; return the subsidized amount if regulations of law on subsidized interest rates and lending by credit institutions are violated.