Chapter V
ORGANIZATION OF IMPLEMENTATION
Article 28. Responsibilities of Ministries, ministerial agencies, governmental agencies
1. The Ministry of Planning and Investment shall assist the Government in uniform management of provision of assistance for SMEs, and:
a) Draft and promulgate or propose to competent authorities for promulgation of legislative documents on provision of assistance for SMEs;
b) Prepare and submit to competent authorities medium-term and annual public investment plans for provision of assistance for SMEs in accordance with Clause 5 Article 11 and Section 4 Chapter IV of this Decree in accordance with regulations of law on public investment;
c) Prepare annual plans and state budget estimates for provision of assistance for SMEs; cooperate with the Ministry of Finance in provision of regular funding from central government budget for Ministries, ministerial agencies, governmental agencies and local governments that have budget deficits in order to provide assistance for the Law on State Budget and its guiding documents;
d) Organize the development, management and maintenance of the SME Assistance Portal and database; take charge and cooperate with relevant organizations in establishing, connecting and sharing information with the SME assistance and database;
a) Preside over the development of the online training system according to Point a Clause 2 Article 14 of this Decree, which is funded by central government budget;
e) Provide guidelines for provision of technological assistance; counseling; dev of human resources for SMEs; provision of assistance for startups, SMEs participating in industry clusters, value chains, management of SME assistance activities specified in this Decree;
g) Take charge and cooperate with relevant agencies in developing a set of tools for assessment of capacity for participation in value chains of SMEs, which is the basis for assisting organizations and relevant to organizations to select SMEs eligible for assistance;
h) Annual review and publish the list of central and local assisting organizations on SME Assistance Portal.
2. The Ministry of Finance shall:
a) Annually, on the basis of the plan and state budget estimate for provision of assistance for SMEs prepared by the Ministry of Planning and Investment and capacity of state budget, provide funding for SME assistance in accordance with the Law on State Budget, the Law on Provision of Assistance for Small and Medium Enterprises and this Decree;
b) Provide guidelines for use of regular funding from state budget for provision of assistance for SMEs according to Clauses 1, 2, 3, 4 Article 11, Article 12, Article 13, Article 14, Article 22, Article 25; budgets for assistance activities specified in this Decree;
c) Propose to policies on subsidy on interest rates of loans taken by startups, SMEs participating in industry clusters and value chains to the Prime Minister for promulgation. Preside over the process of temporary provision of subsidy on interest rate difference for credit institutions on the basis of state budget estimates specified in Section 4 Chapter IV of this Decree.
3. The Ministry of Labor, War Invalid and Social Affairs shall take charge and cooperate with the Ministry of Finance and relevant agencies in providing guidelines for provision of assistance in vocational training for employees of SMEs as prescribed in Clause 4 Article 14 of this Decree.
4. State Bank of Vietnam shall:
a) Estimate the demand for interest rate subsidy of credit institutions for loans granted to startups, SMEs participating in industry clusters, value chains; send them to the Ministry of Planning and Investment for inclusion in the medium-term and annual public investment plans in accordance with public investment laws;
b) Provide guidelines for credit institutions procedures grant subsidized loans to startups, SMEs participating in industry clusters, value chains in accordance with Section 4 Chapter IV of this Decree;
c) Cooperate with the Ministry of Finance in reviewing, comparing interest rate subsidy statements prepared by credit institutions.
5. Other Ministries, ministerial agencies, governmental agencies, within the scope of their duties and entitlements, shall:
a) On the basis of the nature and objectives of assistance, consider promulgating specific regulations on the criteria specified in Article 20, Article 23, Article 24 of this Decree; ensure their conformity with relevant laws;
b) In consideration of available resources, prepare annual and medium-term plans and state budget estimates for SME assistance within their jurisdiction in accordance with the Law on Provision of Assistance for Small and Medium Enterprises and this Decree, send them to the Ministry of Planning and Investment for inclusion in annual and medium-term budget estimates for SME assistance;
c) Before December 15 every year, send reports to the Ministry of Planning and Investment on implementation of SME assistance schemes, programs, plans within their jurisdiction in accordance with this Decree;
s) Provide, update information about SME assistance; disclose information in accordance with Clause 1 Article 14 of the Law on Provision of Assistance for Small and Medium Enterprises on their websites and SME Assistance Portal in accordance with Article 29 of the Law on Provision of Assistance for Small and Medium Enterprises;
dd) Promulgate regulations on fields of counseling and criteria for recognition of counselors and counseling organizations in their counselor networks; upload the these criteria and list of counselors in the network on their websites and send them to the Ministry of Planning and Investment for updating to the counselor network database on SME Assistance Portal; assign affiliated units to take charge of admission of counselors to their networks, manage, operate and maintain their counselor networks;
e) Provide annual funding from annual and medium-term state budget estimates for SME assistance.
Article 29. Responsibilities of the People’s Committees of provinces
1. Request the Department of Planning and Investment to take charge and cooperate with other Departments in developing SME assistance contents, schemes, programs and plans in the province and submit them to the People’s Committee of the province for approval.
2. The People’s Committees of a province may propose higher assistance levels than those specified in this Decree from local government budget to the People’s Council of the same province.
3. a) On the basis of the nature and objectives of assistance, provide guidance on specific criteria specified in Article 20, Article 23, Article 24 of this Decree; ensure their practicality and conformity with relevant laws.
4. In consideration of available resources, prepare annual and medium-term plans and state budget estimates for SME assistance and submit them to the People’s Council of the province for approval; request relevant agencies to organize provision of assistance for SMEs in accordance with the Law on Provision of Assistance for Small and Medium Enterprises and this Decree; request extra funding from central government budget for SME assistance in case of local government budget deficit.
5. In case an SME Assistance Scheme of the province is formulated, the People’s Committee of the province shall make an announcement on its website and send a notification to the Ministry of Planning and Investment for announcement on SME Assistance Portal in accordance with Clause 3 Article 29 of the Law on Provision of Assistance for Small and Medium Enterprises after the scheme is approved.
6. Provide, update information about SME assistance; disclose information in accordance with Clause 1 Article 14 of the Law on Provision of Assistance for Small and Medium Enterprises on the province’s website and disclose information about SME assistance on SME Assistance Portal in accordance with Article 29 of the Law on Provision of Assistance for Small and Medium Enterprises.
7. Before December 15 every year, send reports to the Ministry of Planning and Investment on implementation of SME assistance schemes, programs, plans in their provinces in accordance with this Decree.
Article 30. Responsibilities of socio-political-professional organizations, social organizations, social-professional organizations
1. Cooperate with Ministries, ministerial agencies, governmental agencies, the People’s Committees of provinces in providing assistance for SMEs in accordance with Article 26 of the Law on Provision of Assistance for Small and Medium Enterprises and this Decree.
2. Socio-political-professional organizations, social organizations, social-professional organizations that operate on a national scale or inter-provincial scale shall prepare annual and medium-term plans, propose demands and funding to the Ministry of Planning and Investment; organize the provision of assistance for SMEs within the scope of their duties; submit reports on SME assistance to assigning authorities.
3. Local socio-political-professional organizations, social organizations, social-professional organizations shall, within the scope of their fields and responsible for areas, prepare annual and medium-term plans, propose demands and funding to the Department of Planning and Investment; organize the provision of assistance for SMEs within the scope of their duties; submit reports on SME assistance to assigning authorities.
4. Mobilize resources and provide assistance for SMEs in accordance with this Decree.
Article 31. Responsibilities of assisting organizations in withdrawal of funding
1. Assisting organizations shall withdraw provided funding if the SME is found to have provided false information, used the funding for unintended purposes and fail to fulfill its commitments.
2. Withdrawal of funding mentioned in Clause 1 of this Article shall be carried out in accordance with regulations of law.
Article 32. Assistance procedures
1. SMEs shall receive assistance via assisting organizations. Each SME shall submit an application for assistance specified in Clause 4 of this Article, whether directly or online, to the assisting organization.
2. For assistance in the form of information, development of human resources, assistance for SMEs converted from household businesses: Assisting organizations shall adhere to the plan and allocated state budget funding.
3. For assistance in the form of counseling, technology, assistance for startups, SMEs participating in industry clusters or value chains:
a) Within 14 working days from the receipt of the application, the assisting organization shall send the applying enterprise a physical or electronic response. If the enterprise is not eligible, the assisting organization shall send a notification of rejection. If the enterprise is eligible but the application is not satisfactory the assisting organization shall instruct the enterprise to complete the application. If the enterprise is eligible and the application is satisfactory, the assisting organization shall notify the enterprise of its eligibility for assistance, specify assistance contents, funding from state budget and funding from other sources (if any).
b) In case the assisting organization is capable of directly providing products or services as assistance for the SME:
After receiving the notification of assistance, the assisting organization and the SME shall enter into a contract which specify the funding from state budget, the costs covered by the SME, other costs (if any) and payment clauses. On the basis of the result of contract execution, both parties shall settle the costs of the contract as per regulations.
c) In case the assisting organization cooperates with another organization that is capable of directly providing products or services as assistance for the SME (hereinafter referred to as “supplier”):
After receiving the notification of assistance, the assisting organization, the supplier and the SME shall enter into a contract which specify the funding from state budget, the costs covered by the SME, other costs (if any) and payment clauses. On the basis of the result of contract execution, the three parties shall settle the costs of the contract as per regulations.
d) The use, provision, statement of state budget funding in the cases specified in Point b and Point c of this Clause shall comply with regulations of law on state budget and their guiding documents.
4. An application for assistance shall contain:
a) The application form provided in the Appendix hereof;
b) Documents relevant to the requested assistance (if any).
5. An application for provision of state budget funding shall contain:
a) The notification of provision of assistance for the SME;
b) The contract, contract finalization record (if any) between the SME and the assisting organization;
c) Relevant invoices and financial documents.
Tìm kiếm
Nghị định 80/2021/NĐ-CP (Bản Word)
Nghị định 80/2021/NĐ-CP (Bản Pdf)