Reliable Vietnam Law Firm

Vietnam's ANT Lawyers is a law firm with locations in Ho Chi Minh City and Hanoi. We are a law firm in Vietnam that is a member of Prae Legal, a global network of law firms that spans 150 countries and five continents. Through this network, we have established relationships with lawyers from all over the world. Because of this collaboration, ANT Lawyers are able to handle international cases involving foreigners.

As a reputable English-speaking law firm in Vietnam, ANT Lawyers focuses on offering potential solutions that best satisfy the requirements of business and legal clients. We assist customers in achieving their objectives while safeguarding their interests, reducing risks, and adhering to the law.

The law firm provides a comprehensive range of contentious and non-contentious legal expertise to corporate and individual clients from all sectors. We are able to provide advice on a wide range of topics, from precedent-setting to strictly procedural, thanks to our experienced staff and highly professional personnel.

Our ability to combine commercial and legal perspectives is a recurring theme throughout everything we do as a law firm. As a result, our clients can rest assured that, regardless of the case or transaction, our lawyers at the law firm in Vietnam have the expertise to provide commercially relevant legal advice and service.

Tell us how we can be of service and one of our team members will contact you.

Email: ant@antlawyers.vn  - Tel: +84 28 730 86 529

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Set up Joint Stock Company in Vietnam

Set up Joint Stock Company in Vietnam

Joint Stock Company is an enterprise which has charter capital divided into equal portions called shares. The minimum number of shareholders shall be three and there shall be no restriction on the maximum number.

Shareholders shall be liable for the debts and other property obligations of the enterprise only within the amount of capital contributed to the enterprise.

Joint Stock Companies may issue all types of securities to raise funds. Founding shareholders must together register to subscribe at least twenty per cent (20%) of the number of ordinary shares which may be offered for sale.

The main difference between Joint Stock Company and Limited Liability Company is the Joint Stock Company can raise funds by offering shares or securities.  In addition, an enterprise tends to join the Stock exchanges or public company must be a Joint Stock Company. Management system of Joint Stock Company is more complicated than Liability Company.

ANT Lawyers, a law firm in Vietnam could offer service to set up joint stock company in Vietnam. We assist clients needing legal service in obtaining investment certificate, business registration certificate, or other  licensing procedures.

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Vietnam attends APEC Ministers Responsible for Trade Conference

Vietnam attends APEC Ministers Responsible for Trade Conference

The 27th APEC Ministers Responsible for Trade (MRT) took place online on June 5, 2021 with the participation of 21 APEC member economies and observers including the Association of Southeast Asian Nations (ASEAN), the Asia-Pacific Economic Cooperation Council (PECC) and the Pacific Islands Forum (PIF). Measures to open market will be discussed to facilitate trade and investment, including the smooth policy from Vietnam to support to establish company in Vietnam.

In 2020, due to the impact of the Covid-19 pandemic, the global economy shrank 3.3%. However, because of strong efforts in the introduction of vaccine production and vaccination, financial support programs in some countries, as well as more effective disease containment measures in many countries, this year’s global economy is forecasted to achieve marked improvements compared to 2020. According to a report by the International Monetary Fund (IMF) published in April 2021, the global economy is forecast to reach 6% in 2021 and 4.4% in 2022.

At this meeting, APEC Ministers focused on discussing trade policies to respond to the COVID-19 pandemic. Measures taken include ensuring open markets, promoting the smooth flow of trade in essential goods and services, and facilitating safe and effective vaccine supply chains.

Another important content of the 27th MRT Conference is to support the multilateral trading system, including the progress of implementing reforms of the World Trade Organization (WTO) and updating the progress of negotiations in many fields, such as fisheries subsidies, special and differential treatment, industrial subsidies, market access, agriculture, etc. The APEC Ministers expressed their hope that reform and progress in WTO negotiations will bring positive results, contributing to strengthening the role of the multilateral trading system as well as global and regional economic integration.

At the Conference, the Vietnamese representative also affirmed that Vietnam would actively participate in negotiations and discussions to resolve current issues in the WTO to contribute to the success of the 12th WTO Ministerial Conference. In addition, Vietnam also supports initiatives to promote the movement of goods and services in the region, both to help prevent the epidemic and to develop the economy.

Through the meeting, the participants hoped that in the coming time, in parallel with fighting the epidemic, the parties would also take measures to promote trade and investment to achieve the goal of economic development in the world. Vietnam commits to support the global trade and policy to smooth investment into Vietnam through setting up company in Vietnam.

ANT Lawyers, a law firm in Vietnam could offer service to set up company in Vietnam. We assist clients needing legal service in obtaining investment certificate, business registration certificate, or other  licensing procedures.

Source: ANT Lawyers.vn

 

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How US Authorities Could Request for Help on Taking the Evidence in Vietnam for Civil or Commercial Matters?

How US Authorities Could Request for Help on Taking the Evidence in Vietnam for Civil or Commercial Matters?

The Evidence Collection Convention is a multilateral Hague Conference convention that was signed on March 18, 1970 and went into effect on October 7, 1972. The objective of the Convention is to facilitate the collection of evidence and to harmonize the methods of evidence collection between States.

Evidence Law in Vietnam

On May 3, 2020, Vietnam became a party to the Convention on the Collection of Evidence Abroad. After becoming a member of this Convention, Vietnam only applies and accepts requests for evidence collection by a written request as described in Chapter I of this Convention. As a result, Vietnam does not use the process of gathering evidence carried out by a diplomatic officer, consular officer, or authorized person in Chapter II of the Convention.

Procedures for collecting evidence between the United States and Vietnam under the Hague Convention

Both Vietnam and the United States are parties to the Convention on Collection of Evidence. However, since Vietnam only participates in collecting evidence in writing, the United States has to collect evidence in Vietnam via this method.

Step 1: The U.S. Agency sends a written request to collect evidence to the Ministry of Justice of Vietnam

In the settling a case involving a civil or commercial field, the party can request the Court to assist in collecting evidence in Vietnam. The US judicial agency will issue a written request for evidence collection to the competent Vietnamese agency (specifically, the Ministry of Justice). This document must ensure that follow the contents of Article 3 of the Convention, and must be written in Vietnamese or accompanied by a Vietnamese translation and delivered via postal service.

Step 2: A written request for evidence collection is received by Vietnam’s Ministry of Justice

The Ministry of Justice of Vietnam will receive the request for evidence and decide whether or not to comply with the request for evidence collection. In the event of a refusal, the Ministry of Justice of Vietnam must clearly state the reasons specified in Article 12 of this Convention. For example, the request is not within the scope of the Convention in the civil and commercial fields, or the implementation of which may be detrimental to the sovereignty and security of that country, etc.

Step 3: The Ministry of Justice requests competent agencies to collect evidence

After having sufficient grounds to handle the request of the U.S. Agency, the Department of Justice will send a written acceptance of the request to collect evidence to the United States and forward it to the competent domestic agency for collection evidence process. The Vietnam agency will notify the U.S. Agency of the time, place, and procedures to collect evidence to be followed so that relevant parties and their representatives can be present.

When making the written request, a judicial officer from a U.S. agency may be present, and this presence has to be approved by the Vietnam Agency. Further, according to Article 11 of this Convention, the person being asked to provide evidence has the right to refuse to comply with the request for evidence collection if required by Vietnam law or  in the written request for evidence collection state that they can refuse to provide evidence expressly stated.

Step 4: The Ministry of Justice of Vietnam sends a written response on the results of evidence collection to the U.S. Agency

After receiving the results of evidence collection from other agencies, the Ministry of Justice sends a written response to the results of evidence collection to the U.S. Agency to compete the process.

To comply with the process and ensure the evidence could be properly collected for usage in trial, it is important to consult with dispute lawyers in Vietnam for legal advice.

ANT Lawyers, as a law firm in Vietnam, will always follows up the evidence in Vietnam for civil or commercial matters to update clients on regular basis.

 

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How Guardianship of Minors is Regulated in Vietnam Laws?

How Guardianship of Minors is Regulated in Vietnam Laws?

Guardianship under Vietnam laws aims to protect the legitimate rights and interests of groups that are not yet fully developed physically or mentally. There are two forms of guardianship prescribed by law: natural guardians and guardians appointed by a competent state agency, in which natural guardians can only be individuals. This type of guardianship is defined by the provisions of the guardian, the ward, and the rights and obligations of the guardian towards the ward and their property. There are potential disputes in finance or caring responsibility among people having responsibility of guardship therefore it is important to understand the order of natural guardians when life event happens that trigger the need for guardianship. Hence, having the advice form civil or marriage and family dispute lawyers in Vietnam with understanding of the matters is very important.

Minors (a person under 18 years old) who have lost their parents are one of the subjects of guardianship under Vietnamese law. They are considered vulnerable in the society and need to be cared for and protected. Therefore, to avoid the case that these people have no guardians when their parents suddenly die, civil law has provided a provision to determine the order of natural guardians based on their blood relationship as follows: (i) the eldest brother or sister shall be the guardian of the ward; if the eldest brother or sister fails to satisfy all requirements for acting as a guardian, the next eldest brother or sister shall be the guardian, unless otherwise agreed that another biological brother or sister shall be the guardian; (ii) the paternal grandfather, grandmother or the maternal grandfather, grandmother shall be the guardian or these persons agree to appoint one or several of them as guardians; (iii) a biological uncle or aunt of the ward shall be the guardian.

Thus, in the same order as above, the natural guardian of a minor will always be specifically identified and this person must ensure that the guardian’s conditions are fully met, including:  having full legal capacity; having good ethics, and necessary means to exercise rights and fulfill obligations of a guardian; not being a person facing criminal prosecution or a person who has been convicted but his/her criminal record has been not expunged for a deliberate crime of violation of life, health, honor, dignity or property of another person; and not being a person having parental rights to minor child restricted by a Court.

In case a minor does not have a natural guardian, the commune-level People’s Committee of the place where they reside shall have to appoint a guardian. In addition, if there is a dispute between the natural guardians about the guardian or a dispute over the appointment of the guardian, the Court will appoint the guardian. 

Accordingly, when a minor loses their parents, according to the law, their biological brother or sister will be their natural guardian. However, if this person does not have a biological brother or sister, the paternal grandparents and maternal grandparents will be the natural guardians of this person, and both of them have equal rights in guardianship for their grandchildren minors under the provisions of the Civil Code the Law on Marriage and Family as follows: “Paternal grandparents and  maternal grandparents have the right and obligation to look after, care for and educate their grandchildren, lead an exemplary life and set a good example for grandchildren; in case a minor grandchild or an adult grandchild loses his/her civil act capacity or is unable to work and has no property to support himself or herself without a caregiver as prescribed in Article 105 of this Law, paternal grandparents, and maternal grandparents have the duty to raise their grandchildren.”

The law always respects the voluntary agreement of the involved parties in determining guardianship for minors who have lost their parents. Paternal grandparents and maternal grandparents may agree to appoint one or several of them as guardians for their minor grandchildren according to regulations. In case the two parties cannot agree on a guardian for the grandchild, this is another type of marriage and family dispute. Therefore, pursuant to the Civil Procedure Code, one of the parties can make an application to the competent district court to request the court to settle the case according to civil procedure. The court will base on the facts of the case, the conditions of the guardianship of the parties, the emotional relationship between the guardian and the ward, and the capability to ensure the best physical and mental development to decide to assign the child to whom to act as guardian. In addition, if the ward is six years old or older, the Court will have to consider their wishes during the dispute resolution process to make a decision to appoint the most suitable guardian.

In summary, Vietnam law has clear and specific provisions to determine natural guardians for minors who have lost their parents. In addition, the law also stipulates that the determination of guardians may involve the intervention of a competent state agency, namely the People’s Committee, and the Court in the event of a dispute between guardians to appoint a guardian equitably. All these regulations ensure that minors are cared for and nurtured in the best conditions for future development.

ANT Lawyers, a law firm in Vietnam will always follow up with authorities for legal update on matters relevant to marriage and family to update clients on regular basis.

 

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What Decree 53/2022/ND-CP Detailing a Number of Articles of the Law on Cybersecurity 2018 Cover?

What Decree 53/2022/ND-CP Detailing a Number of Articles of the Law on Cybersecurity 2018 Cover?

Cybersecurity is one of the important issues for every country in the increasingly strong development of the internet. Although this development brings great benefits in many areas of life, it is accompanied by challenges to national security such as cybercriminals that appropriate and steal data of the user; taking advantage of the internet to spread false information against the state. Therefore, the promulgation of policies and laws on cybersecurity as a basis for management and optimal measures in order to protect national cybersecurity, eliminating illegal acts in cyberspace is extremely necessary. On August 15^th, 2022, the Government issued Decree 53/2022/ND-CP detailing a number of articles of the Law on Cybersecurity 2018. The Decree will take effect from October 1^st, 2022 with the following:

Cybersecurity Lawyers in Vietnam

Measures to protect network security: Request the removal of illegal or false information in cyberspace that infringes upon national security, social order and safety, and legitimate rights and benefits of agencies, organizations, and individuals

Requesting the removal of illegal or false information in cyberspace is one of the cybersecurity protection measures specified in the 2018 Law on Cybersecurity. Accordingly, Decree 53/2022/ND-CP has detailed regulations, listing specific cases where this measure can be applied as follows:

-When information in cyberspace is identified by competent agencies to have contents that infringe upon national security, disseminate information that sabotages the Socialist Republic of Vietnam, incite riots, and disrupt public security and order according to regulations of the law;

-When there are legal bases to determine that information in cyberspace has humiliating and slanderous contents; infringes upon the order of the economic management; fabricates and falsifies information, causing confusion among the people and severe damage to socio-economic activities to the extent that such information must be removed;

-When other information in cyberspace has contents including: Distortion of history, denial of revolutionary achievements, undermining national solidarity, blasphemy, discrimination by gender or race; Prostitution, vice, human trafficking; posting pornographic or criminal information; damaging Vietnam’s good traditions, social ethics or public health; Enticing, persuading or tempting others to commits crimes.

The information listed in the above cases are all illegal and false information, and the person who uses cyberspace to spread the above negative information is an act of violation strictly prohibited under the 2018 Cybersecurity Law. Once the above information is widely spread and publicized online, it will adversely affect the security, social order and safety of the country. Therefore, the regulation to apply the measure to request the deletion of the above information is practical for the above cases. The Director of the Department of Cyber​​Security and Hi-tech Crime Prevention of the Ministry of Public Security of Vietnam and Directors of competent agencies of the Ministry of Information and Communications are the ones who have the authority to decide on the application of measures to remove these information.

Measures to collect data related to acts of infringing upon national security, social order and safety, and legitimate rights and benefits of agencies, organizations, and individuals in cyberspace

The collection of data (data is information in the form of symbols, letters, numbers, images, sounds or equivalences) related to activities infringing upon national security, social order and safety, legitimate rights and interests of agencies, organizations and individuals in cyberspace shall comply with the provisions of law, and at the same time ensure the following requirements:

-Maintenance of the status of digital devices and data;

-The copying and recording of data shall be done according to correct procedures via recognized devices and software that are verifiable and can protect the integrity of data stored in such devices;

-The process of restoring data or search data shall be recorded via minutes, images, and videos. The process may be repeated if it is necessary for presentation at a court;

-Data collectors shall be specialized officials assigned to collect data.

The principles of copying and restoring data related to acts of infringing upon national security, social order and safety, and legitimate rights and benefits of organizations, organizations, and individuals in cyberspace shall follow: If the data is considered necessary to be copied or restored or there is a request to copy and restore the data for the purpose of proving the commission of a crime, the assigned person shall be authorized to copy and restore such data and acquire a decision on approval of competent authority according to regulations of the law. In addition, to make a record for the copying and recovery activities of the electronic evidence, the case may be invited to an independent third party, witness and certification of this process.

The Director of the Department of Cyber Security and Hi-tech Crime Prevention of the Ministry of Public Security of Vietnam shall decide to take this measure.

Internal computer networks have the storage and transmission of state secrets must be completely separated from the network of computers and devices and electronic devices connected to the internet

The decree clearly specifies that state agencies and the political organization at central and local levels must develop regulations on the use, management and security of internal computer networks and computer networks connected to the Internet. agencies or organizations they manage. This is an activity to protect network security in state agencies, central and local political organizations.

Regulations on the use and assurance of computer network security by state agencies and political organizations at central and local levels must include the following basic contents: Identify major information and information network systems to be prioritized for cybersecurity assurance. Elaborate on prohibitions and principles of management and use and ensure cybersecurity and internal computer networks that store or transmit state confidentiality shall have a complete physical separation from computer networks, devices, and electronic means with Internet connection, other cases shall ensure compliance with regulations of laws on state confidentiality protection. Have procedures for professional and technical management in operating, using, and ensuring cybersecurity of data and technical infrastructure. Such procedures shall satisfy basic requirements for information system safety assurance. Ensure the personnel conditions for network management and operation and security of cyber information security, information safety and handling of violations of regulations on assurance of network security.

Thus, to ensure confidentiality of the internal data of the state agency, the internal computer network shall have the state secrets which are required to separate completely from the computer network or the equipment and electronic devices connected to the internet. This is the regulation for managing agencies to control, minimize the risk of internal data that is spread out into the electronic environment, causing serious impact on national security issues.

Will  data must be stored in Vietnam ?

The decree has stipulated a separate chapter to clarify the storage of data and set the branch or representative office of foreign enterprises in Vietnam.

The following data must be stored in Vietnam:

-Data on personal information of service users in Vietnam;

-Data created by service users in Vietnam: account names, service use time, information on credit cards, emails, IP addresses of the last login or logout session, and registered phone numbers in association with accounts or data;

-Data on relationships of service users in Vietnam: friends and groups such users have connected or interacted with.

Domestic enterprises and foreign enterprises are the subjects that must store the above data. In particular, it only applies to foreign enterprises doing business in Vietnam in one of the following fields:

–Telecommunication services in Vietnam;

-Storage and sharing of data in cyberspace;

-Provision of national or international domain names for service users in Vietnam;

-E-commerce; Online payment in Vietnam;

-Payment intermediaries; Services of connection and transportation in cyberspace in Vietnam;

-Social media and social communication in Vietnam;

-Online video games in Vietnam;

Services of provision, management, or operation other information in cyberspace in forms of messages, calls, video calls, emails, online chatting in Vietnam.

However, not at all foreign enterprises is required to store data according to regulations. Decree 53/2022/ND-CP also sets conditions for the storage of data in Vietnam, specifically as follows: services provided by such foreign enterprises are used for violations of laws on cybersecurity, notified and requested for cooperation, prevention, investigation, and handling in writing by the Department of Cyber Security and Hi-tech Crime Prevention of the Ministry of Public Security of Vietnam but they fail to comply or incompletely comply with such documents or prevent, obstruct, disable, or nullify the effect of cybersecurity protection measures performed by cybersecurity protection forces;

In case of an exception to the conditions for force majeure circumstances, the foreign enterprise cannot comply with the requirements of the law on cyber security, the foreign enterprise shall notify the Cybersecurity Department and high-tech crime prevention and control under the Ministry of Public Security within 03 working days for inspection of the verification of such force majeure. In this case, the enterprise will have 30 days to adopt remedial methods.

For the form of data storage, Decree 53/2022/ND-CP does not provide any specific requirements, but allows businesses to decide for themselves how to store their data in Vietnam, whether domestic or foreign enterprises.

For the time duration for data storage: for domestic enterprises, it automatically stores data; for foreign enterprises starting when the enterprise receives the request to store data from the Minister of Public Security until the end of the request; Minimum storage period is 24 months.

The Decree stipulates more specifically and strictly on the order and procedures for applying measures to ensure network security as well as the rights and obligations of state agencies in data security, building a network security system management system to ensure internal network security at the agency. Companies operating in the internet business should take into consideration of the new regulations and ensure compliance. It is important to engage cybersecurity lawyers in Vietnam for legal advice and update.

 

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What Are New Points of the Law on Intellectual Property 2022

The 2005 Law on Intellectual Property (IP) was amended and supplemented twice, in 2009 and 2019, to make it more practical and to address new concerns in the area of intellectual property as they arise. However, given the rapid development and international integration of this field, the requirement for updating this law continues to be raised so that domestic law is consistent with international law. The National Assembly, therefore, promulgated the Law amending and supplementing several sections of the IP Law (referred to as the Law on Amendments and Supplements) on June 16, 2022, which will officially take effect on January 01, 2023. The new law modifies more than 100 articles of the IP Law and focuses on 7 major policy groups.

What Are New Points of the Law Amending and Supplementing The Law on Intellectual Property?

First, the IP Law updates, corrects and perfects the interpretation of terms so that they are coherent and consistent. Any statute will contain provisions defining the technical terms of the area covered. However, in the process of linking terms and regulations, inconsistencies or misunderstandings still occur, hence amendments and supplements are necessary. Specifically, some concepts in Article 4 of the IP Law such as: derivative works; published work, audio and visual fixation; reproduction; broadcasting; industrial design; integrated trademarks; well known mark; geographical indication are explained and clarified. The terms can be seen as the basis for defining and applying legal provisions related to the claims arising around it, such as copyright for derivative works or industrial property rights for geographical indications. The terms under the Law on Amendments and Supplements are not completely renewed but simply inherited and perfected from the old law, then it is reasonably possible to adapt and apply.

Second, the Law on Amendments and Supplements provides more specific provisions on copyright and related rights in Vietnam; extending the term of protection; at the same time, there is a change in the assignment or transfer of these rights. In addition to works that are protected for the life of an author, cinematographic, photographic, theatrical, and applied art works, anonymous works published for the first time, have their protection term extended from 50 years to 75 years. It can be remarked that copyright protection in Vietnam is becoming more and more important and stricter. The biggest change is that the Law on Amendments and Supplements allows the author to transfer one more moral right. Pursuant to Article 41 of the 2005 IP Law amended and supplemented in 2009 and 2019, the author may only transfer some or all of the property rights and the only moral right which is to publish the work. Until the Law on Amendments and Supplements in 2022, Article 19 allows “authors have the right to transfer the right to use the right to give titles to their works”. Besides, the previous provision in Article 47: ” Authors shall not be permitted to license the moral rights stipulated in article 19 of this Law, except for the right of publication…” is amended to “ Authors shall not be permitted to license the moral rights according to clause 2 and 4, Article 19 of this Law…”. This change means that the author is allowed to transfer two moral rights: the right to publish the work and the right to give title the work. From there, the owner who are transferred these rights can completely name or change the name, which absolutely does not affect the legitimate rights of the author.

Third, the Law on Amendments and Supplements in 2022 clarifies acts of infringing upon copyright and related rights. Article 28 stipulates the act of copyright infringement in Vietnam initially has 16 clauses, then it is condensed and concise into 8 clauses but still full and covers the content. For example, Clause 1 “appropriating copyright in literary, artistic or scientific works”, Clause 2 “impersonating an author”, Clause 3 “Publishing and distributing works without the author’s permission”, … are all included in Clauses 1 and 2 of the new law as “infringement on the moral rights and property rights of the author”. In addition, the clauses of Article 35 on related rights infringement are supplemented and explained. Both Article 28 and Article 35 add Clause 11 on the act of “failure to perform or incomplete implementation of regulations to be exempted from liability of the intermediary service provider”. Technological technology and the Internet have developed strongly, leading to the formation of intermediary service providers. The regulations about “enterprise providing intermediary services” have first appeared in the IP Law, demonstrating the development and completion of the law in order to promptly adjust new problems. For exceptions that do not infringe copyright, according to the Law on Amendments and Supplements, when using a published work, one does not have to ask for permission or pay royalties, but he/she must provide information about the author’s name and the source and origin of the work. This change is to ensure copyright for that work, to avoid misunderstanding that the user is the author of the work.

Fourth, the procedure for registration of copyright, related rights and industrial property rights in Vietnam have become simpler and more streamlined. If the unmodified Law only stipulates that the application is filed directly or through a legal IP representative in Vietnam, the application for establishment of rights can be filed in the form of a written document in paper form (submitted in person) or electronically under the online application system after the law is amended. The new regulation represents an update in line with the development of the information technology level of the digital age. This creates favorable conditions for subjects to easily submit registration IP applications in Vietnam, especially those with geographical distances without authorizing other organizations and individuals to apply. At the same time, it also helps reduce the resources required to receive applications directly.

Fifth, the use of the National Flag, National Emblem and National Anthem is regulated for the first time in the Intellectual Property Law. Specifically, “Organizations and individuals exercising intellectual property rights related to the National Flag, National Emblem and National Anthem of the Socialist Republic of Vietnam must not prevent or obstruct the dissemination and use of the National flag, National Emblem, National Anthem” (added to Article 7.2). Thus, the dissemination and use of the National Flag, National Emblem, and National Anthem is allowed without being prevented or obstructed by any organization or individual if the purpose of such use does not violate the law and not against social morality.

In conclusion, the Law amending and supplementing the IP Law 2005 has updated more than 100 provisions to be consistent with the country’s socio-economic, scientific and technological development orientations and international treaties to which Vietnam is a member. For the Law to amend and supplement to achieve good results when it comes to implementation, competent state agencies should soon issue detailed guiding regulations, focus on organizing the implementation of the Law and ensuring the following regulations. the provisions of the Law come to life. The success of the Amended Law of Intellectual Property Law in Vietnam will make an important contribution to the sustainable development of the field of intellectual property rights in Vietnam.

 

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GUIDING DECREE NO. 80/2021/ND-CP DATED AUGUST 26, 2021 OF THE GOVERNMENT ELABORATING LAW ON PROVISION OF ASSISTANCE FOR SMALL AND MEDIUM ENTERPRISES

MINISTRY OF PLANNING AND INVESTMENT OF VIETNAM -------	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ----------------
No. 06/2022/TT-BKHDT	Hanoi, May 10, 2022

CIRCULAR

GUIDING DECREE NO. 80/2021/ND-CP DATED AUGUST 26, 2021 OF THE GOVERNMENT ELABORATING LAW ON PROVISION OF ASSISTANCE FOR SMALL AND MEDIUM ENTERPRISES

Pursuant to the Law on Provision of Assistance for Small and Medium Enterprises dated June 12, 2017;

Pursuant to Decree No. 80/2021/ND-CP dated August 26, 2021 of the Government elaborating Law on Provision of Assistance for Small and Medium Enterprises;

Pursuant to Decree No.86/2017/ND-CP dated July 25, 2017 of Government on functions, tasks, powers, and organizational structure of Ministry of Planning and Investment;

At request of Director of Enterprise Development Agency;

The Minister of Planning and Investment promulgates Circular guiding Decree No. 80/2021/ND-CP dated August 26, 2021 of the Government elaborating Law on Provision of Assistance for Small and Medium Enterprises.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. Scope: This Circular guides Decree No. 80/2021/ND-CP dated August 26, 2021 of the Government elaborating Law on Provision of Assistance for Small and Medium Enterprises (hereinafter referred to as “SME”) regarding technical assistance (not including Clause 5 Article 11 of Decree No. 80/2021/ND-CP); counseling; human resource development (not including Clause 4 Article 14 of Decree No. 80/2021/ND-CP); assistance for business startup of SMEs; assistance for participation of SMEs in industrial cluster and value chain; management of assistance provided for SMEs.

2. Regulated entities:

a) Enterprises established, organized, operating in accordance with laws on enterprises, and meeting regulations under Chapter II of Decree No. 80/2021/ND-CP regarding criteria for identifying SMEs.

b) Ministries, ministerial agencies, Governmental agencies, People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “provincial People’s Committees”).

c) Agencies and authorities providing assistance for SMEs.

d) Providers of SMEs’ assistance products and services. In case the provider is an organization, the organization must be established and operated in accordance with Vietnam’s laws.

dd) Agencies, organizations and individuals relating to the provision of assistance for SMEs.

Article 2. Definition

1. “number of employed employees participating in social insurance in accordance with Clause 1 Article 7 of Decree No. 80/2021/ND-CP” refers to the total number of employees signing indefinite term employment contracts and employees signing fixed-term employment contracts under 36 months of SMEs participating in social insurance. In which, employees signing fixed-term employment contracts under 36 months may have their social insurance paid by SMEs or other entities.

2. “SMEs manager” refers to an individual managing an enterprise in accordance with Clause 24 Article 4 of the Law on Enterprises No. 59/2020/QH14.

3. “SMEs in area with extremely disadvantaged socio-economic conditions” refers to an enterprise whose head office is located in any area under Appendix III of Decree No. 31/2021/ND-CP dated March 26, 2021 of the Government elaborating and guiding implementation of the Law on Investment.

4. “chain leading enterprise” refers to an enterprise established and operating in accordance with Vietnam’s laws, foreign country’s laws, meeting regulations under Clause 11 Article 3 of Decree No. 80/2021/ND-CP and entering into a contract for purchase of products of SMEs.

5. “startup investment fund" refers to a fund created by donations of private investors in Vietnam, foreign countries, and established in accordance with Vietnam’s laws to finance business startup.

6. “electronic document" refers to a document in electronic form that is created online or from a physical document and adequately reflecting the contents of the physical document.

7. “agencies and organizations providing assistance for SMEs” refer to agencies, entities, and public service providers affiliated to ministries, ministerial agencies, Governmental agencies, provincial People’s Committees, and public service providers affiliated to agencies, entities affiliated to ministries, ministerial agencies, Governmental agencies, provincial People’s Committees conducting activities relating to provision of assistance for enterprise development.

Article 3. Guiding provision of assistance for SMEs

1. Agencies and organizations providing assistance for SMEs shall prioritize funding for SMEs owned by women, SMEs employing a lot of female workers, and SMEs that are social enterprises.

2. Agencies and organizations providing assistance for SMEs shall rely on Article 5 of Decree No. 80/2021/ND-CP to choose criteria for identifying micro, small, and medium enterprises in order to provide the most beneficial assistance for SMEs.

3. Agencies and organizations providing assistance SMEs shall identify scale of SMEs, SMEs owned by women, SMEs employing a lot of female employees based on declaration under Appendix 1 of Decree No. 80/2021/ND-CP. If information declared by SMEs needs to be cross-checked, agencies and organizations providing assistance for SMEs shall rely on the following documents:

a) In order to verify scale of SMEs:

- Balance sheet and income statement in financial statement.

- List of employees employed by SMEs together with respective proof of social insurance payment. In case of employees who have their social insurance paid by other entities, SMEs shall issue written confirmation regarding these employees’ social insurance payment.

b) In order to verify that SMEs employ a lot of female employees: SMEs satisfy Point a Clause 3 of this Article and have percentage of female employees satisfying Clause 8 Article 3 of Decree No. 80/2021/ND-CP.

c) In order to verify that SMEs are owned by women: Agencies and organizations providing assistance for SMEs shall look in capital contribution percentage of female enterprise managers on National Business Registration Portal or shareholder register in case of joint stock company.

4. SMEs may propose multiple types of assistance in the same application for assistance. SMEs are only allowed to submit application for one type of assistance to one agency or organization providing assistance for SMEs at any given time.

5. SMEs are not limited in terms of number of assistance instances or number of assistance contracts for types of assistance calculated by million VND/year/enterprise or million VND/year as long as maximum assistance percentage, quota under Decree No. 80/2021/ND-CP.

6. Agencies, organizations providing assistance for SMEs shall disclose SME assistance information as follows:

a) Register accounts on National information portal for SME assistance (hereinafter referred to as “Web portal”) at https://business.gov.vn and declare information in accordance with Point d Clause 5 Article 28 and Clause 6 Article 29 of Decree No. 80/2021/ND-CP.

b) Disclose information under Point a of this Clause and detail information on focal point, methods of receiving and resolving assistance request of SMEs on website of their agencies, entities; lists of SME assistance products and services provided by their entities; database on SMEs provided with assistance and relevant details.

7. Documents relating to request of SME assistance under Point b Clause 4 Article 32 of Decree No. 80/2021/ND-CP submitted to agencies, organizations providing assistance for SMEs that are uncertified copies of original copies. If necessary, agencies, organizations providing assistance for SMEs shall request SMEs to provide original copies for cross-checking.

8. Forms, schedules attached hereto, and application for assistance submitted by SMEs to authorities can be in physical form (in person submission) or electronic form (online submission) and be accompanied by original copies for cross-checking at request. Electronic documents shall be stored in accordance with regulations and law on storage and presented when necessary.

9. SMEs shall only receive counseling mentioned under Decree No. 80/2021/ND-CP and this Circular when they use counselors within counselor network.

Article 4. Activities eligible for assistance from state budget

Agencies, organizations providing assistance for SME shall identify activities eligible for assistance from state budget under Clause 3 Article 32 of Decree No. 80/2021/ND-CP as follows:

1. Regarding counseling assistance: fee for counseling SMEs; field survey, meeting participation, and work trips of counselors; interpretation for foreign counselors; management activities of counseling organizations (if organizations act as counselors).

2. Regarding types of assistance under Clause 5 Article 2; Points c and dd Clause 6 of Article 22; Clause 1 Article 25; Point d Clause 3 Article 25 of Decree No. 80/2021/ND-CP: conform to Article 15 and Article 18 hereof.

3. Regarding types of assistance under Clause 2 Article 11; Clause 1 Article 22; Points b and c Clause 3 Article 22; Points b and c Clause 4 Article 25; Clause 5 Article 25 of Decree No. 80/2021/ND-CP: conform to field-specific legislative documents guiding technical, economic standards and norms. If the aforementioned regulations are not available, rely on work items specified under quotation of suppliers on the market to ensure legitimacy, adequacy, effectiveness, and fulfillment of SMEs’ demands.

Article 5. Guiding procedures for providing assistance for SMEs

Agencies and organizations providing assistance for SMEs shall assistance SMEs in accordance with Article 32 of Decree No. 80/2021/ND-CP, to be specific:

1. Compositions of written application include:

a) Declaration using form under Appendix 1 attached to Decree No. 80/2021/ND-CP, which specifies budget amount requested and quotation of the suppliers (if any).

b) Documents relating to the requested assistance: Documents verifying startup SMEs under Clauses 1 and 2 Article 14 hereof; verifying SMEs’ participation in industrial cluster, value chains in manufacturing, processing sectors of Article 16 and Article 17 hereof; other relevant documents (if any).

2. Regarding assistance for human resource development for SMEs in accordance with Clauses 1, 2, and 3 Article 14 of Decree No. 80/2021/ND-CP: agencies and organizations providing assistance for SMEs shall conform to Section 2 Chapter II hereof.

3. Regarding technology, counseling assistance, assistance for SME startup, assistance for SMEs' participation in industrial cluster, value chain under Clauses 1, 2, 3, and 4 Article 11, Clause 2 Article 13, Article 22, Article 25 of Decree No. 80/2021/ND-CP: agencies and organizations providing assistance for SMEs shall conform to Clause 3 Article 32 Decree No. 80/2021/ND-CP (contract sample under Appendix 1 hereof).

4. Agencies and organizations providing assistance for SMEs shall review application, consolidate SMEs’ request for assistance, approve SME support plan on an annual or quarterly basis. The selection of suppliers for executing SME assistance plan shall conform to bidding laws.

Article 6. Management of assistance for SMEs

1. General management

a) General management activities include: conducting communication activities regarding assistance and types of assistance provided for SMEs; organizing seminars, conferences guiding, concluding SME assistance operation; organizing groups for assessing implementation of SME assistance; surveying SME assistance demand to produce assistance plans and estimates for the planning year.

b) Ministry of Planning and Investment shall receive no more than 1% of total annual expenditure of central government budget on SME assistance to finance general management of SME assistance on a nationwide scale.

c) Contact point authorities of ministries, ministerial agencies, Governmental agencies (entities assigned to take charge and cooperate with relevant entities in developing policies, organizing implementation, assessing, consolidating reports on implementation results of SME assistance) and Departments of Planning and Investment of provinces and cities shall receive no more than 2% of total annual expenditure of state budget on SME assistance to finance general management of SME assistance within their management.

2. Direct management

Agencies and organizations providing assistance for SMEs shall receive no more than 5% of annual state budget on SME assistance to finance direct management of SME assistance, including:

a) Activities that assistance SME: going on business trip; working overtime; communicating; organizing meetings, conferences; hiring experts; conducting surveys at enterprises; other activities directly serving SME assistance.

b) Activities of Council for selecting startup SMEs under Clause 3 Article 21 of Decree No. 80/2021/ND-CP: reviewing documents of startup SMEs; hiring experts; working overtime; communicating; organizing review meetings; appraising selection result of startup SMEs; conducting other activities related to activities of the Council.

c) The selection of suppliers shall be made in accordance with bidding laws.

Chapter II

ASSISTANCE FOR SMALL AND MEDIUM ENTERPRISES

Section 1. TECHNOLOGY ASSISTANCE AND COUNSELING

Article 7. Technology assistance

SMEs shall receive technology assistance in accordance with Clauses 1, 2, 3, and 4 Article 11 of Decree No. 80/2021/ND-CP. Agencies and organizations providing assistance for SMEs shall provide assistance in accordance Article 4, Article 5 hereof and the following regulations:

1. SMEs shall receive financing for renting or purchasing digital transformation solutions publicized on the Web portal or website of Ministry of Information and Communication or website of suppliers.

2. SMEs shall assess level of digital transformation readiness to make appropriate assistance propositions. SMEs shall utilize digital readiness assessment tools uploaded on https://digital.business.gov.vn or https://dbi.gov.vn or issued by agencies and organizations providing assistance for SMEs.

3. Agencies and organizations providing assistance for SMEs shall use digital readiness assessment results of SMEs to consider and provide assistance depending on accessibility of SMEs.

Article 8. Counselors

1. Counselors mentioned under Point a Clause 1 Article 13 of Decree No. 80/2021/ND-CP include:

a) Individual counselors who are Vietnamese nationals (not including officials and public officials under Law on Officials and Public Officials) and foreigners working in Vietnam.

b) Organization counselors which are juridical persons, established, and operating in accordance with Vietnamese laws, specialized in counseling enterprises.

2. Apply for participation in counselor network:

a) Organization, individual counselors shall submit application to respective ministries, ministerial agencies. Documents in foreign languages will require certified Vietnamese translation.

b) Counselors shall access the Web portal, register, and be issued login accounts by Ministry of Planning and Investment in order to update information on counselor network. Counselors are legally responsible for accuracy of information disclosed on the Web portal.

3. Update counselor’s information:

a) When new information and/or documents relating to capacity and experience of a counselor arise, the counselor shall update on their profile on the Web portal while requesting ministries, ministerial authorities to update the profile of accredited counselor.

b) In case provided information is found to be incorrect but capacity of counselors in terms of training level, professional, and counseling experience is not altered, counselors shall adjust on the Web portal while requesting ministries, ministerial agencies where the counselors are accredited to adjust.

4. Counselors are allowed to participate in training courses for counseling skills, procedures, and knowledge organized by ministries, ministerial agencies free of charge in accordance with Clause 3 Article 9 hereof.

Article 9. Counselor network

1. Establish counselor network

a) Ministries, ministerial agencies shall promulgate a decision or decisions (using form under Appendix 2 hereof) regulating field of counseling, criteria for accrediting counselors, cases in which counselors are removed from counselor network upon violating the law or cases in which counselors are removed from counselor network according to regulations of ministries, ministerial agencies.

Criteria for accrediting counselors must specify training level, professional level, counseling experience, and conditions according to the laws and rules of presiding authorities.

b) Ministries, ministerial agencies shall accredit or authorize affiliated entities to accredit counselors participating in the counselor network (hereinafter referred to as “counselor accrediting bodies”) and review cases in which counselors are removed from counselor network.

- Accreditation of counselors participating in counselor network includes: reviewing application for participation in counselor network; contacting and guiding counselors to complete their profile; accrediting counselors in counselor network; guiding counselors to register accounts and update information on database on counselors on the Web portal; verifying and allowing counselors to appear public on the Web portal.

- Removal of counselors from counselor network includes: reviewing profile of counselors in the network; contacting and notifying counselors about being removed from the network; producing lists of counselors removed from the network; withdrawing counselor profile from the Web portal.

c) Counselor accrediting bodies shall publicize field of counseling, criteria for accrediting counselors, list of counselors in the network, list of counselors removed from the network on websites of ministries, ministerial agencies, or websites of counselor accrediting bodies.

d) Counselor accrediting bodies shall register and be issued accounts of the Web portal by Ministry of Planning and Investment in order to carry out activities under Point b Clause 1 of this Article.

2. Management, operation, and maintenance of counselor network

a) Procurement, software development for managing counselor network; procurement, upgrade, and maintenance of hardware, services, servers, and other services on a regular basis to archive and operate counselor network; develop, maintain, and update counselor network data.

b) Organization of conferences, seminars, conclusion, and assessment of establishment, management, operation, and maintenance of counselor network.

c) Accreditation and removal of counselors from counselor network under Point b Clause 1 of this Article. Expenditure on accrediting counselors or removing counselors from counselor network shall not exceed 300 thousand VND/counselor and paid to counselor accrediting bodies.

3. Improvement and training for development of counselor network

a) Counselor accrediting bodies shall organize or cooperate with suppliers in organizing training courses for skills, procedures, and knowledge of counselors in their network.

b) Details of training courses for counselors:

No.	Training course	Training contents	Training duration	Minimum number of learners/course	training organization
1	Short-term	Standardize counseling skills, procedures, and knowledge depending on requests of counselors and field-specific development objectives of counselors	3 to 5 days (consecutive or not). In which, may use up to 40% of the duration to allow learners to practice (if necessary).	20	Section 7 Appendix 3.2
2	Long-term		6 to 60 days (consecutive or not). In which, may use up to 40% of the duration to allow learners to practice (if necessary).

Article 10. Counseling assistance

SMEs shall receive counseling assistance in accordance with Clause 2 Article 13 of Decree No. 80/2021/ND-CP. Agencies and organizations providing assistance for SMEs shall provide assistance in accordance with Article 4 and Article 5 hereof.

Section 2. HUMAN RESOURCE DEVELOPMENT ASSISTANCE

Article 11. Human resource development assistance

Human resource development assistance under Clauses 1, 2, and 3 Article 14 of Decree No. 80/2021/ND-CP refers to training assistance provided for SMEs. Agencies and organizations providing assistance for SMEs shall provide assistance in accordance with Clauses 1 and 2 Article 5 of this Circular and the following regulations:

1. Training units refer to agencies and organizations providing assistance for SMEs (if they directly provide training services) or the suppliers (if agencies and organizations providing assistance for SMEs do not directly provide training services).

2. In-class training courses for enterprise administration mentioned under Point a Clause 1 Article 14 of Decree no. 80/2021/ND-CP include basic enterprise administration training courses and advanced enterprise administration training courses.

3. Online training courses via available online teaching tools such as Zoom Cloud Meeting, Microsoft Teams, Google Classroom, and other similar tools:

a) Based on plans for organizing online training courses in the year, training units shall purchase accounts of available online teaching tools and accounts of aid software (hereinafter referred to as “tools”); rent specialized equipment serving online training courses (hereinafter referred to as “specialized equipment”) depending on scale of training courses.

b) If tools and specialized equipment are purchased or rented for each course, rent and purchase cost shall be included in additional costs of each course. In case service bundles are purchased or rented on a quarterly or annual basis, rent and purchase cost shall be distributed over costs for organizing each training course.

4. Training units may organize training courses under Clause 1 and Clause 3 Article 14 of Decree No. 80/2021/ND-CP by combining both in-class training and online training via available online teaching tools (hereinafter referred to as “combined training method”) with unchanged financing from state budget only if at least 30% of total learners participate in in-class training, to be specific:

a) 100% of learners participate in in-class training: lecturers shall provide full online training or combine in-class training and online training.

b) From 30% of learners participate in in-class training while the rest participate in online training: lecturers shall provide full in-class training, or full online training, or a combination of in-class training and online training.

c) Upon selecting combined training method under Points a and b Clause 4 of this Article, training units shall develop respective expenditure estimates.

Article 12. In-class training for business startup and enterprise administration

Assistance for in-class training under Clauses 1 and 3 Article 14 of Decree No. 80/2021/ND-CP shall conform to the following regulations:

No.	Training course	Training topic	Training duration	Target learners	Minimum number of learners/course	training organization
1	Business startup	Section 1 Appendix 3.1	From 1 to 2 days; In case of 2-day classes, up to 40% of the training duration can be used to facilitate practice of learners (if necessary).	Employees, managers of specialized departments, managers of SMEs. In which, SMEs are enterprises converted from household businesses or SMEs established within 5 years prior to the year in which training course is organized	30	Section 3 Appendix 3.2.
2	Basic enterprise administration	Section 2 Appendix 3.1	From 2 to 5 days. Up to 40% of duration of classes that last at least 3 days can be used to facilitate practice of learners (if any).	Employees, managers of specialized departments, managers of SMEs.	30	Section 2 Appendix 3.2.
3	Advanced enterprise administration	Section 3 Appendix 3.1	From 5 to 28 days (consecutive or not). In which, may use up to 40% of the duration to allow learners to practice (if necessary).	Managers of specialized departments, managers of SMEs.	20	Section 1 Appendix 3.2.
4	Training at SMEs	Section 4 Appendix 3.1		Employees, managers of specialized departments, managers of SMEs.	10	Section 4 Appendix 3.2.

Article 13. Online training for business startup and enterprise administration

Assistance for online training under Clause 2 Article 14 of Decree No. 80/2021/ND-CP shall conform to the following regulations:

No.	Online training	Training topic	Training duration	Target learners	Number of learners	training organization
1	Online training system of Ministry of Planning and Investment and provincial People’s Committees (hereinafter referred to as “E-learning system”)	Section 5 Appendix 3.1	Each lecture video lasts up to 20 minutes Each lecture comprises of multiple videos.	Employees, managers of specialized departments, managers of SMEs	No restrictions	Section 6 Appendix 3.2
2	Online training courses via available online teaching tools		Similar to training courses under Clauses 1, 2, and 3 Article 13 hereof.			Section 5 Appendix 3.2

Section 3. ASSISTANCE FOR SME STARTUP

Article 14. Choosing startup SMEs

1. Agencies and organizations providing assistance for SMEs shall choose startup SMEs to provide assistance in accordance with Clause 1 Article 21 of Decree No. 80/2021/ND-CP based on the following documents:

a) Certificates of national, international awards for business startup or startup products, projects. The certificates must be awarded within 5 years prior to the date on which SMEs apply for assistance;

b) Patent of inventions or science technology enterprise certificates or hi-tech enterprise certificates as long as these documents are still effective at the time SMEs apply for assistance.

2. Agencies and organizations providing assistance for SMEs shall choose startup SMEs to provide assistance in accordance with Clause 2 Article 21 of Decree No. 80/2021/ND-CP based on the following documents:

a) Capital contribution agreements or documents verifying minimum investment of startup investment fund of 1 billion VND; investment must take place within 5 years prior to the date on which SMEs apply for assistance;

b) Written commitments of startup investment funds for a minimum investment of 500 million VND; the commitment must be produced within 1 year prior to the date on which SMEs apply for assistance;

c) Written confirmation or contracts indicating ongoing assistance for startup SMEs of common workspaces, business startup enterprises, service providers, incubation facilities, business promotion facilities, business startup centers; or written commitments or contracts indicating incoming assistance for SMEs. assistance must be confirmed, guaranteed within 6 months prior to the date on which SMEs apply for assistance.

3. Agencies and organizations providing assistance for SMEs shall choose startup SMEs in accordance with Clause 3 Article 21 of Decree No. 80/2021/ND-CP on the basis of decision of the Council regarding eligibility of SMEs for assistance.

Article 15. Startup SME assistance

Startup SMEs shall receive assistance in accordance with Article 22 of Decree No. 80/2021/ND-CP. Agencies and organizations providing assistance for SMEs shall provide assistance in accordance with Article 4 and Article 5 of this Circular and the following regulations:

1. Assist learners of SMEs to participate in advanced training in Vietnam and foreign countries under Clause 2 Article 22 of Decree No. 80/2021/ND-CP, including: tuition, materials, accommodations, meals, travel (including plane tickets).

Short-term advanced training courses in foreign countries include: developing products; commercializing products; developing e-commerce; attracting investment; developing market; connecting startup network and other details depending on demands of startup SMEs.

2. Assist learners to maintain accounts on e-commerce platforms under Point c Clause 6 Article 22 of Decree No. 80/2021/ND-CP, including:

a) Regarding e-commerce platforms in Vietnam: payment fees, fixed fees, and service fees paid by the sellers to e-commerce platforms.

b) Regarding international e-commerce platforms: fees of seller account, referral fee, order completion fee, storage fee, product bar code registration fee, product design and photography costs, and advertising costs.

3. Assist SMEs to participate in international competitions regarding business startup in accordance with Point dd Clause 6 Article 22 of Decree No. 80/2021/ND-CP, including: fees for participating; staying in host countries; travelling (including plane tickets); transporting documents, products, and equipment serving competitions.

Section 4. ASSISTANCE FOR SME’S PARTICIPATION IN INDUSTRIAL CLUSTER, MANUFACTURING AND PROCESSING CHAIN

Article 16. Selecting SMEs in industrial cluster in manufacturing and processing

1. Forms of connection between SMEs and other enterprises in industrial cluster under Clause 2 Article 23 of Decree No. 80/2021/ND-CP include:

a) Connection in form of contracts for shared purchase of input materials: SMEs and at least another enterprise in industrial cluster enter into contract for purchase of input materials from the same suppliers.

b) Connection in form of contracts for shared sale of products: SMEs and at least another enterprise in sector connection enter into contract for selling products to the same buyers.

c) Connection in form of contracts for purchase, sale, and cooperation refers to:

- SMEs enter into contracts for product purchase, sale with at least another enterprise in industrial cluster;

- SMEs enter into contracts for cooperation with at least another enterprise in industrial cluster.

d) Connection in form of joint connection, use of brands refers to:

- SMEs and at least another enterprise in industrial cluster use accredited collective mark or certification mark or geographical indication according to intellectual property laws;

- SMEs and at least another enterprise in industrial cluster produce goods, commodities (not including community based tourism services and tourist attractions) and have products ranked at 3 stars or higher under the One Country One Product Program (OCOP).

2. Agencies and organizations providing assistance for SMEs shall select SMEs in industrial cluster under Clause 1 of this Article to provide assistance based on:

a) For Point a Clause 1 of this Article: at least 1 contract for purchase of input materials between a SME and the supplier and the confirmation (or contract) of the supplier regarding ongoing supply of input materials for other enterprises in industrial cluster.

b) For Point b Clause 1 of this Article: at least 1 contract for sale of products between a SME and the buyer and the confirmation (or contract) of the buyer regarding ongoing purchase of products from at least another enterprise in industrial cluster.

c) For Point c Clause 1 of this Article: at least 1 contract for ongoing product purchase or sale or cooperation between the SME and another enterprise in the industrial cluster.

d) For Point d Clause 1 of this Article: collective mark or certification mark or geographical indication or brand of the OCOP product currently used by the SME.

dd) Apart from cases under Points a through d Clause 2 of this Article, agencies and organizations providing assistance for SMEs shall cooperate with the suppliers or the buyers in determining lists of SMEs that are purchasing input materials or selling products and services in order to choose suitable SMEs for assistance.

Article 17. Selection of SMEs for participation in production, manufacturing value chain

1. Forms of participation of a SME in value chain according to Clause 2 Article 24 of Decree No. 80/2021/ND-CP, including:

a) The SME is a chain leading enterprise established and operating as per Vietnam’s laws.

b) The SME is executing the contract for product and service purchase, sale or cooperation with chain leading enterprises.

c) The SME is considered a prospect supplier for chain leading enterprises by chain leading enterprises or agencies and organizations providing assistance for SMEs.

Agencies and organizations providing assistance for SMEs shall use prospect SME assessment tool publicized by Ministry of Planning and Investment or refer to the list of prospect SMEs uploaded on the Web portal to choose SMEs.

2. Agencies and organizations providing assistance for SMEs shall select SMEs for participation in value chain according to Clause 1 of this Article based on:

a) For Point a Clause 1 of this Article: documents verifying the eligibility of SMEs.

b) For Point b Clause 1 of this Article: at least 1 contract for product sale or purchase or cooperation with chain leading enterprises.

c) For Point c Clause 1 of this Article: confirmation of chain leading enterprises.

Article 18. Assistance for SMEs' participation in industrial cluster, production and processing value chains

SMEs participating in industrial clusters and value chains shall receive assistance in accordance with Article 25 of Decree No. 80/2021/ND-CP. Agencies and organizations providing support for SMEs shall provide assistance in accordance with Article 4 and Article 5 of this Circular and the following regulations:

1. Assist training at enterprises according to Point a Clause 1 Article 25 of Decree No. 80/2021/ND-CP: conform to Clause 4 Article 12 hereof.

2. Assist learners of SMEs to participate in training courses in Vietnam and foreign countries according to Point b Clause 1 Article 25 of Decree No. 80/2021/ND-CP, including: tuition fee; materials; meals; accommodations; traveling (including plane tickets).

Details of training courses shall conform to Section 3 Appendix 3.1 hereof.

3. Assist SMEs to maintain accounts on e-commerce platforms according to Point d Clause 3 Article 25 of Decree No. 80/2021/ND-CP: conform to Clause 2 Article 15 hereof.

Section 5. DEVELOPMENT, CONSOLIDATION, AND ASSIGNMENT OF SME ASSISTANCE PLANS; ASSESSMENT AND REPORT ON SME ASSISTANCE

Article 19. Development, consolidation, and assignment of plans and state budget estimates for SME assistance; assessment and report on SME assistance results

1. Ministry of Planning and Investment shall

a) Guide ministries, ministerial agencies, Governmental agencies, and local governments to develop plans and central government budget estimates for SME assistance (using form under Appendix 4 hereof); consolidate SME assistance demands of ministries, ministerial agencies, Governmental agencies, and local governments where budget is not adequate; request Ministry of Finance to propose plans and estimates of central government budget for SME assistance of the planning year.

b) Develop solutions for assigning SME assistance tasks utilizing central government budget to ministries, ministerial agencies, Governmental agencies, and local governments which are not able to balance the budget based on total central government budget estimates for SME assistance; request Ministry of Finance to report to competent authorities in order to allocate budget estimates.

c) Notify ministries, ministerial agencies, Governmental agencies, and local governments which are unable to balance the budget about SME assistance tasks utilizing central government budget.

d) Take charge and cooperate with relevant authorities in organizing assessment of SME assistance; consolidate and report to the Government, Prime Minister.

2. Ministries, ministerial agencies, and governmental agencies shall

a) Develop plans and estimates of central government budget for SME assistance in the planning year and submit to Ministry of Planning and Investment; consolidate in estimates of ministries, ministerial agencies, and local governments.

b) Develop solutions for assigning SME assistance tasks utilizing central government budget for affiliated agencies and organizations providing assistance for SME; copy and send to Ministry of Planning and Investment for cooperation.

c) Organize implementation of SME assistance adequately; inspect, assess, and be responsible for implementation of plans for SME assistance under their management; submit reports on SME assistance results to Ministry of Planning and Investment.

3. Provincial People’s Committees

a) Assign Departments of Planning and Investment to:

- Develop plans and estimates for central government budget (for provinces that have not been able to balanced the budget) and local government budget for SME assistance; report to provincial People’s Committees and Ministry of Planning and Investment; send to Departments of Finance for consolidation in budget estimates for the provinces;

- Develop solutions for assigning SME assistance tasks utilizing central government budget (for provinces that have not been able to balanced the budget) and local government budget (on the basis of local government budget expenditure estimates) to agencies and organizations providing assistance for SMEs in provinces and request provincial People’s Committees to decide; send to Ministry of Planning and Investment.

b) Implement tasks under Point c Clause 2 of this Article.

Chapter III

ORGANIZATION FOR IMPLEMENTATION

Article 20. Entry into force

1. This Circular comes into force from June 25, 2022.

2. Annul Circular No. 05/2019/TT-BKHDT dated March 29, 2019 of Ministry of Planning and Investment and circular No. 06/2019/TT-BKHDT dated March 29, 2019 of the Ministry of Planning and Investment.

3. In case documents referred to in this Circular expire and/or are replaced by other documents, the new documents shall prevail.

Article 21. Transition clause and organization for implementation

1. SME assistance approved before the effective date hereof shall continue to be implemented according to their approval or be submitted to competent authorities for re-approval (if necessary) from the effective date hereof.

2. Ministries, ministerial agencies, Governmental agencies, and provincial People’s Committees shall provide assistance for SMEs in accordance with this Circular and applicable laws. Difficulties that arise during the implementation of this Circular should be reported to the Ministry for consideration./.

PP. MINISTER DEPUTY MINISTER Tran Duy Dong

 Source: Thư Viện Pháp Luật

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