Decree 80/2021/ND-CP guiding small and medium enterprises

DECREE

DETAILED PROVISIONS AND INSTRUCTIONS FOR IMPLEMENTATION OF SOME ARTICLES OF THE LAW SUPPORTING SMALL AND SME ENTERPRISE

Pursuant to the Law on Government Organization dated June 19, 6;

Pursuant to the Law on Local Government Organization on the date of 19 month 6 year 2015;

Pursuant to the November 22, 11 Law on Amending and Supplementing a Number of Articles of the Law on Government Organization and the Law on Organization of Local Governments;

Pursuant to the June 25, 6 Law on State Budget;

Pursuant to the June 13, 6 Law on Public Investment;

Pursuant to the June 12, 6 Law on Supporting Small and Medium Enterprises;

At the proposal of the Minister of Planning and Investment;

The Government promulgates a Decree detailing and guiding the implementation of a number of articles of the Law on Supporting Small and Medium Enterprises.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree details and guides the implementation of a number of articles of the Law on Support for Small and Medium-sized Enterprises on criteria for identifying small and medium-sized enterprises, technology support, information support, consulting support, supporting human resource development, supporting small and medium-sized enterprises to transform from business households, small and medium-sized enterprises to innovative start-ups, small and medium-sized enterprises participating in industry clusters and value chains; responsibilities of agencies and organizations in supporting small and medium enterprises.

Article 2. Subject of application

1. Enterprises are established, organized and operate in accordance with the law on enterprises, and satisfy the criteria for identifying small and medium-sized enterprises as prescribed in Article 5 of this Decree.

2. Agencies, organizations and individuals involved in supporting small and medium enterprises.

Article 3. Explain words

1. Scheme to support small and medium-sized enterprises: Is a collection of related contents, using resources to achieve the annual, medium-term or long-term goal of supporting small and medium-sized enterprises. . The scheme includes the following contents: objectives; support objects and conditions; selection order and procedures; supporting content; implementation resources; mechanism for management, monitoring and evaluation of implementation results; project implementation time; other contents (if any).

2. Small and medium-sized enterprise support program: A set of contents and tasks to support small and medium-sized enterprises performed by an agency or organization within a certain period of time.

3. Plan to support small and medium-sized enterprises: Is a set of goals, solutions and funds for supporting small and medium-sized enterprises, which are integrated and balanced in the socio-economic development plan. annually and every five years of ministries, ministerial-level agencies, Governmental agencies, provincial and national People's Committees.

4. Agencies and organizations supporting small and medium-sized enterprises: Are agencies and organizations assigned by competent authorities to organize and implement support activities for small and medium-sized enterprises.

5. National portal to support small and medium-sized enterprises (hereinafter referred to as Portal for short): An access point on the internet at www.business.gov.vn to support small and medium-sized enterprises and enterprises. recently approved the integration of information about the network of consultants to support small and medium enterprises; plans, programs, projects, schemes and activities to support small and medium enterprises; business instructions, credit, markets, products, technologies, business incubation and other information to provide information and services for the operation of small and medium-sized enterprises, management tasks support and development of enterprises and according to the needs of organizations and individuals specified in the Law on Support for Small and Medium Enterprises and this Decree.

6. Database to support small and medium-sized enterprises: A collection of documents, knowledge, experience and information about small and medium-sized enterprises according to the criteria in the Law on Support for Small and Medium Enterprises and Article 5 of Decree No. this determination. The database supports small and medium-sized enterprises and is a unified information platform to meet the needs of accessing, exploiting information, data, strategy formulation, policy making and home management. supporting businesses managed and operated by the Ministry of Planning and Investment. The database supports small and medium-sized enterprises in connecting, integrating, communicating and exchanging data with relevant systems of the Ministry of Planning and Investment, ministries, ministerial-level agencies, and agencies. government agencies and provincial People's Committees.

7. Network of consultants: A collection of consulting organizations and individuals with expertise in different fields to meet the needs of small and medium-sized enterprises, approved by ministries and ministerial-level agencies. accredited on the basis of published and publicly announced criteria to support small and medium enterprises.

8. Small and medium-sized enterprises employing many female employees: An enterprise with female employees accounting for 50% or more of the total number of employees in case the enterprise employs less than 100 employees; accounting for 30% or more of the total number of employees in case the enterprise employs 100 or more employees.

9. Direct training at small and medium enterprises: Is a form of training at enterprises, designed according to needs to assist in solving and overcoming specific existing problems of enterprises.

10. Online training for small and medium-sized enterprises: It is a form of training through the network environment, using information technology and multimedia to impart and provide skills and knowledge to businesses. Karma.

11. Enterprises leading the chain: are enterprises of different sizes that have commercial links with small and medium enterprises in the value chain; directing and controlling the whole or different stages of the value chain in order to create added value for products and services and sell products and services in domestic and foreign markets.

Article 4. Principles of support

1. Based on the ability to balance resources and prioritize support in each period, agencies and organizations supporting small and medium-sized enterprises shall decide on the number of enterprises eligible to receive guaranteed support. principles are as follows:

a) Small and medium-sized enterprises that submit their application first will receive support first;

b) Women-owned small and medium-sized enterprises, small and medium-sized enterprises employing many female workers, and small and medium-sized enterprises that are social enterprises as prescribed by law are supported first.

2. In case a small and medium-sized enterprise simultaneously satisfies the conditions of different levels of support in the same support content as prescribed in this Decree and other relevant laws, the enterprise may choose a support level that is most beneficial.

3. In addition to specific support contents for micro, small and medium-sized enterprises detailed in this Decree, general support contents for small and medium-sized enterprises are applied to both small and medium enterprises. micro enterprises, small enterprises and medium-sized enterprises that satisfy the conditions for support specified in this Decree.

4. Small and medium-sized enterprises transformed from business households, innovative start-up small and medium-sized enterprises, and small and medium-sized enterprises participating in industry clusters and value chains are entitled to support contents as prescribed in Clause XNUMX of this Article. Chapter IV and other supporting contents do not overlap the provisions of Chapter III of this Decree.

5. Based on functions, tasks and implementation capacity, agencies and organizations supporting small and medium-sized enterprises directly provide support services or coordinate with other agencies, organizations and individuals. qualified personnel to provide support services to eligible small and medium-sized businesses.

Chapter II

Criteria for identifying small and medium-sized enterprises

Article 5. Criteria for determining small and medium enterprises

1. Micro enterprises in the fields of agriculture, forestry and fishery; The industry and construction sector employs an average of no more than 10 employees a year participating in social insurance and the total annual revenue is not more than 3 billion VND or the total capital of the year is not more than 3 billion VND.

Micro-enterprises in the field of commerce and services employing no more than 10 people participating in social insurance per year and the total annual revenue is not more than 10 billion VND or the total capital of the year is not more than 3 billions dong.

2. Small enterprises in the fields of agriculture, forestry and fishery; the industry and construction sector employs an average of no more than 100 employees a year participating in social insurance and a total annual revenue of not more than VND 50 billion or a year's total capital of not more than VND 20 billion, but not more than VND 1 billion. must be a micro-enterprise as prescribed in Clause XNUMX of this Article.

Small enterprises in the field of commerce and services employing employees with an average annual social insurance participation of no more than 50 people and a total annual turnover of not more than VND 100 billion or a year's total capital not exceeding VND 50 billion. dong, but not a micro-enterprise as prescribed in Clause 1 of this Article.

3. Medium enterprises in the fields of agriculture, forestry and fishery; the industry and construction sector employs an average of not more than 200 employees participating in social insurance per year and the total annual revenue is not more than VND 200 billion or the total capital of the year is not more than VND 100 billion, but not more than VND 1 billion. must be a micro-enterprise or a small enterprise as prescribed in Clauses 2 and XNUMX of this Article.

Medium enterprises in the field of commerce and services employing employees with an average annual social insurance participation of no more than 100 people and a total annual turnover of not more than VND 300 billion or a year's total capital not exceeding VND 100 billion. dong, but not a micro-enterprise, a small-enterprise as prescribed in Clauses 1 and 2 of this Article.

Article 6. Determination of fields of operation of small and medium-sized enterprises

The field of operation of a small and medium-sized enterprise is determined based on the main business line that the enterprise has registered with the business registration agency.

Article 7. Determination of the average annual number of employees participating in social insurance for small and medium-sized enterprises

1. The number of employed employees participating in social insurance is the total number of employees managed, employed, and paid by the enterprise for participation in social insurance according to the law on social insurance.

2. The average annual number of employees participating in social insurance is calculated as the total number of employed employees participating in social insurance of all months in the preceding year divided by 12 months.

The number of employed employees participating in social insurance for a month is determined at the end of the month and based on the social insurance payment voucher of that month that the enterprise submits to the social insurance agency.

3. In case an enterprise operates for less than 01 year, the average number of employees participating in social insurance for the year is calculated as the total number of employees participating in social insurance of the months of operation divided by the number of employees participating in social insurance. number of months of operation.

Article 8. Determination of total capital of small and medium-sized enterprises

1. The total capital of the year is determined in the balance sheet shown in the financial statement of the preceding year that the enterprise submits to the tax authority. Total capital of the year is determined at the end of the year.

2. In case an enterprise has been operating for less than 01 year, the total capital source shall be determined in the balance sheet of the enterprise at the end of the quarter immediately preceding the time the enterprise registers for the support content.

Article 9. Determination of total revenue of small and medium-sized enterprises

1. Total revenue of the year is the total revenue from selling goods and providing services of an enterprise and is determined on the financial statement of the preceding year that the enterprise submits to the tax authority.

2. In case an enterprise has been operating for less than 01 year or over 01 year but has not yet generated revenue, the enterprise shall base itself on the criteria of total capital sources specified in Article 8 of this Decree to determine a small and medium-sized enterprise.

Article 10. Identification and declaration of small and medium-sized enterprises

1. Small and medium-sized enterprises shall base themselves on the form specified in the Appendix issued together with this Decree to self-determine and declare the size as micro-enterprises, small-enterprises and medium-sized enterprises and submit it to the agency. organization supporting small and medium enterprises. Small and medium enterprises are responsible before the law for the declaration.

2. In case the enterprise detects that the scale declaration is incorrect, the enterprise shall take the initiative in making adjustments and re-declaring it. The re-declaration must be done before the time the small and medium-sized enterprises enjoy the support content.

3. In case an enterprise intentionally makes dishonest declarations about its size in order to receive support, the enterprise must take responsibility before law and refund the entire funding received for support.

4. Based on the time when the enterprise proposes to support, the agency or organization supporting the small and medium-sized enterprise compares information about the enterprise on the National Business Registration Portal to determine the enterprise's information. declaration to ensure the correct object of support.

Chapter III

TECHNOLOGY SUPPORT, INFORMATION, CONSULTING AND HUMAN RESOURCES DEVELOPMENT

Article 11. Technology support for small and medium enterprises

1. Support up to 50% of the contract value of consulting digital transformation solutions for enterprises on business processes, governance processes, production processes, technological processes and business model transformation but no more than 50 million VND/contract/year for small enterprises and not more than 100 million VND/contract/year for medium enterprises.

2. Support up to 50% of expenses for enterprises to rent or purchase digital transformation solutions to automate and improve the efficiency of business processes, administration processes, production processes, and technological processes. in enterprises and business model transformation, but not exceeding 20 million VND/year for micro enterprises; no more than 50 million VND/year for small enterprises and not more than 100 million VND/year for medium enterprises.

3. Support up to 50% of the value of the consulting contract on the establishment of intellectual property rights; management consulting and development of products and services protected by intellectual property rights of enterprises but not exceeding 100 million VND/contract/year/enterprise.

4. Support up to 50% of the contract value of technology transfer consultancy suitable for enterprises but not exceeding 100 million VND/contract/year/enterprise.

5. Ministries, ministerial-level agencies, government-attached agencies, and provincial-level People's Committees shall implement investment projects to support small and medium-sized enterprises through the construction of new incubators, technical facilities, common work area; renovating and upgrading existing infrastructure to form incubators, technical bases and common working areas; procurement and installation of equipment, machinery, research rooms, laboratories, information technology systems for incubators, technical facilities, coworking areas to support small and medium enterprises.

Article 12. Information support for small and medium enterprises

1. Small and medium enterprises are entitled to free access to the information specified in Clause 1, Article 14 of the Law on Supporting Small and Medium Enterprises on the portals and websites of ministries, ministerial-level agencies and agencies. government agencies and provincial People's Committees.

2. Ministries, ministerial-level agencies, government-attached agencies, and provincial-level People's Committees may be granted accounts on the Portal to provide the information specified in Clause 1, Article 14 of the Law on Support for Small and Medium-sized Enterprises. ; publicize, monitor and update information to support small and medium-sized enterprises as prescribed in Article 29 of the Law on Support of Small and Medium Enterprises. Agencies and organizations supporting small and medium-sized enterprises, other businesses, organizations and individuals wishing to provide information, interact and connect with participating partners on the Portal can apply for a grant. account. Accounts used on the Portal are managed centrally on the Portal.

3. The portal is built, maintained, operated by the Ministry of Planning and Investment and connects to the websites of ministries, ministerial-level agencies, Governmental agencies, and provincial-level People's Committees. in order to provide information specified in Clause 1, Article 14 of the Law on Supporting Small and Medium Enterprises and other information for enterprises, organizations and individuals that have search needs.

4. Funds for construction of information and software infrastructure for the operation of the Portal and database to support small and medium-sized enterprises shall be allocated from public investment capital in accordance with the law on public investment and other lawful capital sources (if any).

Funds for upgrading, maintaining, managing and operating the Portal and collecting and updating information into the database to support small and medium-sized enterprises shall be arranged from regular funding sources as prescribed by law. laws on state budget and other lawful sources (if any).

Article 13. Consulting support for small and medium enterprises

1. Network of consultants

a) The network of consultants is built on the basis of individuals and consulting organizations that have been operating in accordance with specialized laws or newly formed, ensuring the following principles:

For individual consultants, they must ensure that their training qualifications, professional qualifications and working experience are suitable to the needs of small and medium-sized enterprises and the criteria for consultants of ministries and agencies. Department where individual consultants are expected to register.

For consulting organizations, it must satisfy the conditions prescribed by specialized laws, the needs of small and medium-sized enterprises and the criteria for consulting organizations of the ministries and ministerial-level agencies where they are located. consulting organizations expected to register.

b) Application for registration in the network of consultants

For individual consultants, the dossier includes: Application form to join the network of consultants; Curriculum Vitae and summary of qualifications; certified copies of training diplomas; certified copies of relevant documents and papers granted by competent authorities.

For consulting organizations, dossiers include: Application form to join the network of consultants; a certified copy of the Enterprise Registration Certificate or the Establishment Decision; capacity summary profile; certified copies of records of individual consultants of the organization; Certified copies of documents and papers proving satisfaction of business conditions as prescribed by law (for enterprises conducting conditional business lines).

c) The consulting individual or organization shall submit the dossier specified at Point b of this Clause, either directly or online, to the unit assigned to organize the operation of the consultant network under a ministry or equivalent agency. Ministry to be recognized into the consultant network and published on the website of the ministry or ministerial-level agency within 10 working days.

In case an individual or a consulting organization is not yet qualified for accreditation, the unit assigned to act as the focal point for organizing the operation of a network of consultants under a ministry or ministerial-level agency shall send a notice of ineligibility for notification. via direct or online form to individuals or consulting organizations within 10 working days from the date of receipt of the registration dossier.

Consulting individuals and organizations may join the network of consultants of many ministries and ministerial-level agencies if they satisfy the conditions and criteria as prescribed.

d) After being recognized into the network of consultants and published on the website of ministries, ministerial-level agencies, and consultants, access the Portal (at www.business.gov. vn) to register in the database of the network of consultants and provide consultancy for small and medium enterprises in accordance with the provisions of this Decree.

dd) Funds for ministries and ministerial-level agencies to form, operate, manage and maintain the operation of the network of consultants and funds for fostering, training and developing the network of consultants are aggregated in the experience. annual small and medium-sized enterprise support fees of ministries, ministerial-level agencies and other lawful funding sources (if any).

2. Content of consulting support for small and medium enterprises

Small and medium enterprises approach a network of consultants for support in using consulting services on human resources, finance, production, sales, markets, internal management and other related contents. production and business activities of enterprises (excluding consultancy on administrative and legal procedures in accordance with specialized laws) are as follows:

a) Support 100% of the consulting contract value but not more than 50 million VND/year/enterprise for micro enterprises or not more than 70 million VND/year/enterprise for micro enterprises run by women owners, micro-enterprises employing a lot of female workers and micro-enterprises are social enterprises;

b) Support up to 50% of the consulting contract value, but not more than 100 million VND/year/enterprise for small businesses or not more than 150 million VND/year/enterprise for small businesses run by women owners, small enterprises employing many female workers and small enterprises being social enterprises;

c) Support up to 30% of the consulting contract value but not more than 150 million VND/year/enterprise for medium enterprises or not more than 200 million VND/year/enterprise for medium enterprises operated by women owners and enterprises that both employ a lot of female workers and are both social enterprises.

Article 14. Support for human resource development for small and medium enterprises

1. Support direct training on business start-up and corporate governance

a) Support 100% of the total cost of a training course on starting a business and up to 70% of the total cost of a business administration course for small and medium enterprises;

b) Free tuition for students of small and medium-sized enterprises in extremely difficult socio-economic areas, women-owned small and medium-sized enterprises, small and medium-sized enterprises employing many female workers, and small and medium enterprises are social enterprises when participating in business administration training courses.

2. Support online training on business start-up and corporate governance

a) Free access to and participation in online lectures available on the online training system of the Ministry of Planning and Investment and the Provincial People's Committee. Small and medium-sized businesses access online training systems for timed learning. The online training system includes an online training management platform, an online training platform and an online lecture content system.

Funding for the Ministry of Planning and Investment and the Provincial People's Committee to build, maintain and upgrade the online training system; survey on demand for online training, communication, and promotion of online training system for small and medium-sized enterprises, which are summarized in the annual support budget for small and medium-sized enterprises of the Ministry of Planning and Investment, Provincial People's Committee and other lawful funding sources (if any).

b) Free participation in online training courses, direct interaction with small and medium enterprises through online teaching tools available on smart electronic devices of trained subjects (Zoom Cloud Meeting, Microsoft Teams, Google Classroom and others).

3. Support for direct training at small and medium enterprises in the field of production and processing

a) Support up to 70% of the total cost of a training course at a small and medium-sized enterprise, but not exceeding 01 course/year/enterprise;

b) Support 100% of the total cost of a training course at women-owned small and medium-sized enterprises, small and medium-sized enterprises employing many women, and small and medium-sized enterprises that are social enterprises but do not more than 01 course/year/enterprise.

4. Vocational training support

Support training costs for employees of small and medium-sized enterprises when participating in vocational training courses at primary level or training programs of 03 months or less. The remaining expenses shall be agreed upon by the small and medium enterprises and the employees. Employees participating in the training course must meet the conditions of having worked in small and medium enterprises for at least 06 consecutive months before participating in the training course.

Chapter IV

SUPPORT SMALL AND SMID ENTERPRISE TRANSFORMING FROM HOUSEHOLD BUSINESS, SMALL AND CREATIVE ENTERPRISE, SMALL AND MEDIUM ENTERPRISE IN INDUSTRIAL Clusters, VALUE CHAIN

Section 1. SUPPORTING SMALL AND MEDIUM BUSINESS TRANSFORMING FROM HOUSEHOLD BUSINESS

Article 15. Support in consulting, guiding documents and procedures for business establishment

1. The People's Committees of the provinces and centrally-run cities (collectively referred to as the People's Committees of the province) assign the Department of Planning and Investment to advise and guide free of charge business households registering to transform into enterprises on :

a) Order, procedures and application for registration of enterprise establishment;

b) Order, procedures and application for certification of business eligibility for conditional business lines (if any).

2. Business households registering to convert into enterprises, if they wish to consult and guide the contents specified in Clause 1 of this Article, send their request for support either in person or online to the Department of Planning and Investment. . An application file includes: A valid copy of the business registration certificate of the household business; A valid copy of the tax code registration certificate; Valid copy of license fee payment, other taxes and state budget payments (if any), tax declaration within 01 year before conversion.

Within 03 working days from the date of receipt of the application, the Department of Planning and Investment is responsible for providing free advice and guidance on the contents specified in Clause 1 of this Article.

Article 16. Support for enterprise registration and information disclosure

Small and medium-sized enterprises converted from business households are exempted from fees for first-time business registration at the business registration office, free of charge for first-time business registration information disclosure at the National Business Registration Portal. family.

Article 17. Support for registration of conditional business lines

Small and medium-sized enterprises converted from business households to continue their production and business activities in conditional business lines without changing their scale, shall send requests to competent state management agencies for approval. be granted documents related to business investment conditions.

Within 03 working days from the date of receiving the enterprise's request, the competent state management agency shall have to issue documents related to business investment conditions for the enterprise.

Article 18. License fee support

Small and medium-sized enterprises converted from business households are exempt from license fees for a period of 03 years from the date of being granted the first business registration certificate.

Article 19. Support for consulting, guiding tax administrative procedures and accounting regime

1. Small and medium-sized enterprises converted from business households are entitled to free advice and guidance on tax administrative procedures and accounting regimes within 03 years from the date of being granted the first business registration certificate. head.

2. Provincial-level People's Committees assign Finance Departments to provide free advice and guidance on tax administrative procedures and accounting regimes specified in Clause 1 of this Article.

Section 2. SUPPORTING CREATIVE SMALL AND SME ENTERPRISE

Article 20. Criteria for determining innovative start-up small and medium enterprises

The innovative start-up small and medium-sized enterprises specified in Clause 2, Article 3 of the Law on Supporting Small and Medium Enterprises shall be determined according to one of the following criteria:

1. Producing and trading in products formed from inventions, utility solutions, industrial designs, design and layout of semiconductor integrated circuits, computer software, applications on mobile phones, and computers. clouds, new livestock varieties, new plant varieties, new aquatic varieties, new forestry plant varieties.

2. Producing and trading in products created from pilot production projects, sample products and perfecting technology; manufacture and trade in products that have won prizes at national and international start-up and innovation competitions and awards in science and technology in accordance with the law on science and technology awards. turmeric.

3. Having a technological solution or a new business model capable of increasing the enterprise's revenue by at least 20% for 02 consecutive years on the basis of analysis of market share factors and product development capabilities. products, services and competitiveness of the business.

Article 21. Methods of selecting innovative start-up small and medium enterprises to support

Based on the criteria specified in Article 20 of this Decree and the support conditions specified in Clause 1, Article 17 of the Law on Support for Small and Medium-sized Enterprises, the agency or organization supporting small and medium-sized enterprises shall select the enterprise to operate. Support in one of the following ways:

1. Select enterprises with national and international awards for innovative start-ups or innovative products and projects; or granted a protection title for the invention; or be granted the Certificate of Science and Technology Enterprise, Certificate of High-Tech Enterprise, and High-Tech Application Enterprise.

2. Select businesses that have been invested or committed to invest by innovative start-up investment funds; supported or pledged to be supported by co-working spaces, innovative start-ups, service providers, incubators, business accelerators, innovation hubs created in accordance with the law on investment.

3. Selection through the Council:

Agencies and organizations supporting small and medium-sized enterprises may establish a Council to select innovative start-up enterprises according to the criteria specified in Article 20 of this Decree, ensuring the following principles:

a) The number of members and working mechanism of the Council shall be decided by the agency that established the Council;

b) Members of the Council are at least 50% independent consultants. The remaining members are representatives of agencies and organizations supporting small and medium enterprises operating under the part-time mechanism;

c) Operational funds of the Council are aggregated in the funding for management and support of small and medium-sized enterprises of agencies and organizations supporting small and medium-sized enterprises.

Article 22. Content to support innovative start-up small and medium enterprises

1. Support for the use of technical facilities, incubators, and co-working spaces

a) Support 100% of the cost of using equipment at technical establishments, incubators and co-working areas, but not exceeding 20 million VND/year/enterprise;

b) Support up to 50% of the cost of renting space at incubators and co-working areas, but not exceeding 5 million VND/month/enterprise. The maximum support period is 03 years from the date the enterprise signs the premises lease contract.

2. Support for intellectual property consultancy, exploitation and development of intellectual property

a) Support 100% of the value of consulting contract on procedures for establishment, transfer, exploitation and protection of intellectual property rights in the country but not exceeding 30 million VND/contract/year/enterprise;

b) Support 100% of the consulting contract value on the development of patent description, industrial design design, design of the brand identity system, but not exceeding 30 million VND/contract/year/ enterprise;

c) Support 100% of the contract value of management consultancy and development of products and services protected by intellectual property rights in the country, but not exceeding VND 50 million/contract/year/enterprise;

d) Support up to 50% of the value of consultancy contracts on establishment of transfer, exploitation and protection of intellectual property rights abroad, but not exceeding VND 50 million/contract/year/enterprise.

3. Supporting the implementation of standards, technical regulations, measurement and quality procedures; testing, perfecting new products, business models

a) Support 100% of the consulting contract value for the enterprise to build and apply the basic standards but not more than 10 million VND/contract/year/enterprise and build and apply the quality management system but not more than 50 million VND/contract/year/enterprise;

b) Support up to 50% of the cost of testing instrument samples; expenses for verification, calibration and testing of measuring instruments and measurement standards; the cost of issuing quantitative stamps of prepackaged goods, in accordance with technical measurement requirements, but not exceeding 10 million VND/year/enterprise;

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

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

4. Tech Support

Support up to 50% of the consulting contract value for searching, selecting, decoding and transferring technology suitable to the business, but not exceeding 100 million VND/contract/year/enterprise.

5. Support training, intensive training

a) Support up to 50% of the cost of participating in domestic intensive training courses for students of enterprises on product construction and development; commercialization of products; e-commerce development; call for investment capital; market development; connecting start-up networks with organizations and individuals doing scientific research but not exceeding 5 million VND/student/year and no more than 03 students/enterprise/year;

b) Support up to 50% of the cost of participating in short-term intensive training courses abroad, but not exceeding VND 50 million/student/year and no more than 02 students/enterprise/year.

6. Support in information, communication, trade promotion, and creative start-up networking

a) Free to look up information on the system of domestic and international standards and regulations; inventions, technological information, scientific research results; information on connecting creative start-up networks and attracting investment from innovative start-up investment funds at the Portal and websites of ministries, ministerial-level agencies, government agencies, Provincial People's Committee;

b) Support up to 50% of consulting contract value for successful registration of accounts for selling products and services on international e-commerce platforms, but not exceeding VND 100 million/contract/year/enterprise;

c) Support up to 50% of the cost of maintaining accounts on domestic and international e-commerce platforms, but not exceeding VND 50 million/year/enterprise and no more than 02 years from the time the enterprise registers. successful account on e-commerce floor;

d) Support cost of venue rental, design and staging of booths, transportation of displayed products, travel expenses, meals and accommodation expenses for representatives of enterprises participating in trade fairs and exhibitions. but not more than 30 million VND/year/enterprise for domestic events and not more than 50 million VND/year/enterprise for overseas events;

dd) Support up to 50% of the cost of participating in international competitions on innovative start-ups but not exceeding 30 million VND/contest/year/enterprise.

Section 3. SUPPORTING SMALL AND MEDIUM ENTERPRISE IN INDUSTRY Clusters, VALUE CHAINS

Article 23. Criteria for identification of cluster clusters and selection of small and medium-sized enterprises to join industry clusters for support

1. An industry cluster is defined when the following criteria are simultaneously satisfied:

a) There are enterprises associated with production and business in the same industry or field or in related industries and fields, both competing and cooperating with each other;

b) There are at least 10 enterprises cooperating and competing within a defined administrative boundary;

c) Participation of business support organizations (research institutes, universities, colleges, associations and other related organizations).

2. Small and medium-sized enterprises participating in industrial clusters may be selected for support when they meet one of the following criteria:

a) Having a joint purchase contract for input materials;

b) There is a contract for the general sale of products;

c) There is a purchase and sale contract, cooperation and association between enterprises in the cluster;

d) Jointly building and using the brand.

Article 24. Criteria for value chain identification and selection of small and medium-sized enterprises to participate in the value chain to support

1. A value chain is determined when the following criteria are simultaneously met:

a) Producing and distributing products to consumers;

b) There are enterprises at the top of the value chain in the value chain;

c) There are small and medium-sized enterprises that have the potential to supply products and services to leading enterprises in the chain.

2. Small and medium enterprises participating in the value chain are selected for support when they meet one of the following criteria:

a) Being the leading enterprise in the value chain;

b) Having contracts for purchase, sale, cooperation and association with leading enterprises in the chain;

c) Being assessed by the leading enterprise or agency or organization supporting small and medium enterprises as having the potential to become a supplier for the leading enterprise.

Article 25. Contents to support small and medium-sized enterprises in joining industry clusters and value chains

1. Training support

a) Support up to 50% of the cost of organizing a training course to improve the level of technology and intensive production techniques at the enterprise, but not exceeding VND 50 million/course/year/enterprise;

b) Support up to 50% of training costs for enterprise trainees when participating in intensive training courses according to the development needs of the industry and value chain, but not exceeding VND 10 million/student/year and no more than 03 students/enterprise/year.

2. Supporting capacity building to link production and business

a) Support 100% of the contract value of consulting contract on comprehensive assessment of the capacity of small and medium enterprises in the cluster of industries and value chains, but not exceeding 30 million VND/contract/year/enterprise;

b) Support 100% of the contract value of advanced technical consulting and improvement contracts for small and medium-sized enterprises to improve production capacity, meet connection requirements, and become a supplier of enterprises. chain but not more than 100 million VND/contract/year/enterprise.

3. Information support, brand development, connection and market expansion

a) Free lookup information about events connected with leading enterprises, the process of searching, determining the ordering needs of leading enterprises on the Portal and websites of leading enterprises. ministries, ministerial-level agencies, agencies attached to the Government, provincial-level People's Committees;

b) Free to look up information about the system of domestic and international standards and technical regulations in the field of production and business of enterprises participating in industry clusters and value chains on the Portal and websites of ministries, ministerial-level agencies, government-attached agencies, and provincial-level People's Committees;

c) Support up to 50% of the consulting contract value for successful registration of accounts for selling products and services on international e-commerce platforms, but not exceeding VND 100 million/contract/year/enterprise;

d) Support up to 50% of the cost of maintaining accounts on domestic and international e-commerce platforms but not exceeding VND 50 million/year/enterprise and no more than 02 years from the time the enterprise registers. successful account on international e-commerce floor;

dd) Support for the cost of venue rental, design and staging of booths, transportation of displayed products, travel expenses, meals and accommodation expenses for representatives of enterprises participating in trade fairs and exhibitions. commercial, but not exceeding 50 million VND/year/enterprise for domestic events and not more than 70 million VND/year/enterprise for overseas events;

e) Support 100% of the value of the consulting contract on procedures for establishment, transfer, exploitation and protection of intellectual property rights in the country, but not exceeding VND 50 million/contract/year/enterprise;

g) Support 100% of the contract value of consulting, information search, product promotion, brand development of cluster clusters and value chains, but not exceeding 20 million VND/contract/year/enterprise.

4. Support for consulting on standards, technical regulations, measurement and quality

a) Support 100% of consulting contract value for enterprises to develop and apply basic standards but not exceeding 10 million VND/contract/year/enterprise; contract for consultancy on construction and application of a quality management system, but not exceeding VND 50 million/contract/year/enterprise;

b) Support up to 50% of the cost of testing instrument samples; expenses for verification, calibration and testing of measuring instruments and measurement standards; the cost of issuing quantitative stamps of prepackaged goods in accordance with technical measurement requirements but not exceeding 10 million VND/year/enterprise;

c) Support 100% of the cost of certifying products in conformity with technical regulations but not exceeding 20 million VND/product/year/enterprise.

5. Support in carrying out the procedures for trial production, inspection, assessment and quality certification

a) 100% support for testing, inspection, assessment and certification of product and goods quality; cost of quality management system certification but not exceeding 30 million VND/year/enterprise;

b) Support up to 50% of the cost of ordering establishments, institutes and schools to research, test and develop products and services, but not exceeding VND 30 million/year/enterprise;

c) Support up to 50% of the cost of using equipment at technical establishments supporting small and medium enterprises, but not exceeding VND 50 million/year/enterprise.

Section 4. INTEREST RATE SUPPORT FOR CREATIVE SMALL AND SME STARTED ENTERPRISE, SMALL AND MSME ENTERPRISE IN INDUSTRIAL Clusters, VALUE CHAIN

Article 26. Principles of interest rate support

In each period, innovative start-up small and medium-sized enterprises and small and medium-sized enterprises participating in industrial clusters and value chains are supported by the state budget with interest rates when borrowing medium and long-term loans from organizations. credit for the implementation of production and business plans and projects according to the following principles:

1. Being small and medium-sized enterprises that satisfy the criteria for innovative start-up enterprises specified in Article 20 of this Decree and the criteria for supporting enterprises to participate in industrial clusters and value chains specified in Clause 2. Article 23, Clause 2, Article 24 of this Decree, and at the same time have not enjoyed the State's preferential interest rate policies in the same period.

2. The State budget provides interest rate support for enterprises in the form of post-investment support. Each enterprise is entitled to interest rate support for 01 production and business plan or project in the same period.

3. Loan enterprises shall be appraised and decided to lend by credit institutions in accordance with the law on lending of credit institutions.

Article 27. Contents of interest rate support

1. In each period, the interest rate difference shall be compensated by the state budget for loans of innovative start-up small and medium-sized enterprises, small and medium-sized enterprises participating in industrial clusters, and through value chains. through credit institutions is 2%/year.

2. Credit institutions provide interest-supported loans to small and medium-sized enterprises, creative startups, small and medium-sized enterprises participating in industry clusters and value chains within the scope of state budget estimates. Trí 's father; make advance, payment and finalization in accordance with the provisions of law and guidance of competent state agencies.

3. Small and medium enterprises entitled to interest rate support shall be responsible before law for the accuracy of information provided related to production and business plans and projects eligible for interest rate support; refund the amount of interest support when violating the regulations on interest rate support and the law on lending of credit institutions.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 28. Responsibilities of ministries, ministerial-level agencies and agencies attached to the Government

1. The Ministry of Planning and Investment shall assist the Government in performing the unified state management of supporting small and medium-sized enterprises.

a) Formulate and submit to competent authorities for promulgation or promulgate according to its competence legal documents on supporting small and medium enterprises;

b) Assume the prime responsibility for summarizing and reporting to the competent authorities the annual and medium-term plans for public investment in support of small and medium-sized enterprises specified in Clause 5, Article 11 and Section 4, Chapter IV of this Decree in accordance with the provisions of law. public investment law;

c) To assume the prime responsibility for summing up, formulating plans and annual state budget estimates to support small and medium enterprises; coordinate with the Ministry of Finance to allocate capital for recurrent expenditures from the central budget for ministries, ministerial-level agencies, and government-attached agencies, and target additional funds for localities that cannot balance the state budget. to support small and medium enterprises in accordance with the provisions of the Law on State Budget and guiding documents;

d) Organize the construction, management, development and maintenance of the Portal and database to support small and medium enterprises; assume the prime responsibility for, and coordinate with relevant agencies and organizations in, setting up, connecting, communicating and sharing information with databases to support small and medium-sized enterprises;

dd) Assume the prime responsibility for organizing the development of the online training system as prescribed at Point a, Clause 2, Article 14 of this Decree from the central budget;

e) Lead and guide the contents of technology support activities; advise; human resource development for small and medium enterprises; support small and medium-sized enterprises to start up innovative, small and medium-sized enterprises participating in industry clusters, value chains and manage content of supporting activities for small and medium-sized enterprises as prescribed in this Decree;

g) Assume the prime responsibility for, and coordinate with relevant agencies in, developing a toolkit to assess the capacity to participate in the value chain of small and medium-sized enterprises for agencies and organizations to support small and medium-sized enterprises and small- and medium-sized enterprises (SMEs). relevant organizations have grounds to apply the selection of supporting enterprises;

h) Annually, review and publish on the Portal the list of agencies and organizations supporting small and medium-sized enterprises at central and local levels.

2. The Ministry of Finance is responsible for:

a) Annually, based on the plan and estimate of the state budget to support small and medium enterprises compiled by the Ministry of Planning and Investment and based on the allocation capacity of the state budget, the Ministry of Finance shall announce the arrange and allocate budget estimates for recurrent expenditures for supporting contents of small and medium-sized enterprises in accordance with the provisions of the Law on State Budget, the Law on Support for Small and Medium-sized Enterprises and this Decree;

b) Lead and guide the mechanism of using state budget funds for recurrent expenditures to support small and medium-sized enterprises specified in Clauses 1, 2, 3, 4, Article 11, Article 12, Article 13, Article 14, Article 22, Article 25; funding for management of support activities for small and medium-sized enterprises as prescribed in this Decree;

c) Assume the prime responsibility to submit to the Prime Minister for promulgation guidelines the policy of granting interest rate compensation for loans of small and medium-sized enterprises, innovative start-ups, small and medium-sized enterprises participating in industry clusters and value chains. To assume the prime responsibility for temporarily granting and finalizing the grant of compensation for interest rate differences to credit institutions on the basis of the state budget estimates assigned as prescribed in Section 4, Chapter IV of this Decree.

3. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Finance and relevant agencies in, guiding the support of vocational training for laborers working in small and medium-sized enterprises. specified in Clause 4, Article 14 of this Decree.

4. The State Bank of Vietnam is responsible for:

a) Assume the prime responsibility for summarizing credit institutions' demand for interest rate compensation for loans to small and medium-sized enterprises, creative start-ups, small and medium-sized enterprises participating in industry clusters and value chains, and send them to the Ministry of Finance. General planning and investment in the medium-term and annual public investment plan in accordance with the law on public investment;

b) Lead and guide credit institutions to lend interest-supported loans to innovative start-up small and medium-sized enterprises and small and medium-sized enterprises participating in industry clusters and value chains as prescribed in Section 4 of this Article. XNUMX Chapter IV of this Decree;

c) Cooperate with the Ministry of Finance in reviewing and comparing data requested for settlement of interest rate difference compensation by credit institutions.

5. Ministries, ministerial-level agencies and agencies attached to the Government shall, within the ambit of their duties and powers, have the responsibilities:

a) Based on the nature and objectives of support, it is possible to prescribe and guide in detail the criteria specified in Articles 20, 23 and 24 of this Decree to ensure conformity with the field of state management and provisions of relevant laws;

b) Based on the ability to balance resources, develop annual and medium-term plans and state budget estimates to support small and medium-sized enterprises under their respective management sectors and domains as prescribed in the Law on Support for SMEs. support for small and medium-sized enterprises and this Decree, and send it to the Ministry of Planning and Investment for general synthesis in the annual and medium-term support budget estimates for small and medium-sized enterprises;

c) Periodically before December 15 of each year, send reports to the Ministry of Planning and Investment on the implementation of contents, schemes, programs and plans to support small and medium enterprises in the following industries and fields. managed according to the provisions of this Decree;

d) Provide and update information on supporting small and medium enterprises; to publish information as prescribed in Clause 1, Article 14 of the Law on Supporting Small and Medium Enterprises on the websites of ministries, ministerial-level agencies and Governmental agencies, and to publicize information to support enterprises. small and medium enterprises on the Portal as prescribed in Article 29 of the Law on Supporting Small and Medium Enterprises;

dd) Prescribing the consulting field and the set of criteria for recognition of consulting individuals and organizations in the network of consultants in their respective industries and fields; publish the consulting field, set of criteria for recognition of consultants into the network and the list of network consultants on the websites of ministries and ministerial-level agencies, and at the same time send them to the Ministry of Planning and Investment. to update the consultant network database on the Portal; assigning affiliated units to act as the focal point to recognize consultants into the network and manage, operate and maintain the network of consultants in their respective industries and fields;

e) Take the initiative in allocating annual and medium-term assigned state budget estimates to support small and medium-sized enterprises.

Article 29. Responsibilities of the Provincial People's Committee

1. Assign the Department of Planning and Investment to act as the focal point, and coordinate with other departments and branches in formulating contents, schemes, programs and plans to support small and medium-sized enterprises in the locality for submission to the People's Committee for approval. approved by the province.

2. Provincial-level People's Committees may submit to the People's Councils of the same level for approval a support level higher than the support level specified in this Decree from the local budget.

3. Based on the nature and objectives of support, it is possible to prescribe and guide in detail the criteria specified in Articles 20, 23 and 24 of this Decree to ensure that they are suitable to the area under state management and provisions of relevant laws.

4. Based on the ability to balance resources, develop annual and medium-term plans and state budget estimates to support small and medium-sized enterprises from recurrent and public investment budgets, and submit them to the Association. provincial-level people's councils for approval; direct relevant agencies to organize support for small and medium enterprises in accordance with the provisions of the Law on Support of Small and Medium Enterprises and this Decree; synthesize and send to the Ministry of Planning and Investment proposals for additional funding from the central budget for localities that have not yet been able to balance the state budget to support small and medium-sized enterprises.

5. In case of developing a scheme to support small and medium-sized enterprises in the locality, the People's Committee of the province shall notify it on its website and notify the Ministry of Planning and Investment for publication on its website. Portal as prescribed in Clause 3, Article 29 of the Law on Supporting Small and Medium Enterprises after the Scheme is approved.

6. Provide and update information on supporting small and medium enterprises; publish information according to the provisions of Clause 1, Article 14 of the Law on Supporting Small and Medium Enterprises on local websites and publicize information to support small and medium enterprises on the Portal in accordance with regulations. in Article 29 of the Law on Supporting Small and Medium Enterprises.

7. Periodically, before December 15 of each year, send reports to the Ministry of Planning and Investment on the implementation of contents, schemes, programs and plans to support small and medium-sized enterprises in the locality according to regulations. provided for in this Decree.

Article 30. Responsibilities of socio-political-professional organizations; social organization, socio-professional organization

1. Coordinating with ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees to carry out supporting activities for small and medium-sized enterprises as prescribed in Article 26 of the Law on Support for Small and Medium Enterprises and this Decree.

2. Socio-political-professional organizations, social organizations, socio-professional organizations with national or inter-provincial scope of operation: Based on the needs of small and medium-sized enterprises in the field, areas in charge, annually and in the medium-term, develop plans and propose needs and support funds and send them to the Ministry of Planning and Investment for general synthesis; organize the implementation of support contents for small and medium-sized enterprises on the basis of assigned tasks; report on the implementation of support activities for small and medium-sized enterprises to the competent authority assigned to perform the support activities for small and medium-sized enterprises.

3. The local socio-political-professional organizations, social organizations, socio-professional organizations of the locality: Based on the needs of small and medium-sized enterprises in the fields and areas in charge, annually. and medium-term plan, and propose needs and funding for support and send it to the Department of Planning and Investment for general synthesis; organize the implementation of support contents for small and medium-sized enterprises on the basis of assigned tasks; report on the implementation of support activities for small and medium-sized enterprises to the competent authority assigned to perform the support activities for small and medium-sized enterprises.

4. Mobilize resources and support small and medium enterprises in accordance with this Decree.

Article 31. Responsibilities of agencies and organizations supporting small and medium-sized enterprises in the recovery of support funds

1. The agency or organization supporting small and medium-sized enterprises shall recover funds from the funds already supported for small and medium-sized enterprises in case the enterprise is found to have made dishonest declarations and used the funds. support for improper purposes and improper implementation of support commitments.

2. The recovery of support funds specified in Clause 1 of this Article shall comply with the provisions of law.

Article 32. Support processes and procedures

1. Small and medium enterprises are supported through agencies and organizations supporting small and medium enterprises. Small and medium enterprises shall send dossiers of proposal for support needs specified in Clause 4 of this Article either directly or online to agencies or organizations supporting small and medium enterprises for consideration and decision.

2. For the content of information support, human resource development for small and medium-sized enterprises and support for small and medium-sized enterprises converting from business households: Agencies and organizations supporting small and medium-sized enterprises implement according to the plans and estimates of the assigned state budget.

3. For the content of consulting support, technology, support for small and medium-sized enterprises in creative start-ups, small and medium-sized enterprises participating in industry clusters and value chains, the process and procedures must be followed. as follows:

a) Within 14 working days from the date of receipt of the dossier proposing the support needs of the small and medium-sized enterprises, the agency or organization supporting the small and medium-sized enterprises shall consider the dossier, make a decision and make a decision. notice (in writing or online) to the business. In case the enterprise is not eligible for support, the agency or organization supporting small and medium enterprises shall notify the enterprise to know. In case an enterprise is eligible for support but does not have a complete dossier, the agency or organization supporting small and medium enterprises shall guide the enterprise to complete the dossier. If the enterprise is eligible for support and completes the application, the agency or organization supporting the small and medium-sized enterprise shall issue a notice on the support for the enterprise, clearly stating the contents and budget in the notice. State support books and other funds (if any).

b) Where the agency or organization supporting small and medium-sized enterprises is capable of directly providing supporting products and services to small and medium-sized enterprises:

After the announcement of support for small and medium-sized enterprises, agencies and organizations supporting small and medium-sized enterprises together with small and medium-sized enterprises sign contracts; The contract must clearly show the state budget support, expenses paid by small and medium-sized enterprises, other expenses (if any) and payment terms. On the basis of the results of contract implementation, the two parties take over, liquidate and settle the contract costs according to regulations.

c) In case the agency or organization supporting small and medium-sized enterprises cooperates with other agencies, organizations and individuals capable of providing supporting products and services for small and medium-sized enterprises (collectively referred to as the "small and medium enterprises"). provider):

After the announcement of support for small and medium-sized enterprises is announced, the agency or organization supporting small and medium-sized enterprises together with the supplier and the small and medium-sized enterprise shall sign a contract; the contract must clearly show the state budget support, expenses paid by small and medium enterprises, other expenses (if any) and payment terms. On the basis of the results of contract implementation, the three parties shall check, accept, liquidate and settle contract costs according to regulations.

d) The use, payment and settlement of state budget support funds of agencies or organizations supporting small and medium-sized enterprises according to the cases at Points b and c of this Clause must comply with regulations of this Law. legislation on state budget and related guiding documents.

4. A dossier of request for support includes:

a) A declaration of identification of a micro-enterprise, a small-sized enterprise, a medium-sized enterprise and a request for support, made according to the form specified in the Appendix to this Decree;

b) Documents and dossiers related to the proposed support content (if any).

5. A dossier of payment of state budget funding to support small and medium-sized enterprises includes:

a) Notice of support for small and medium enterprises;

b) Contract, contract liquidation and acceptance (if any) between small and medium enterprises and agencies, organizations and individuals providing support services;

c) Relevant invoices and financial documents.

Chapter VI

TERMS ENFORCEMENT

Article 33. Transitional provisions

1. From the effective date of this Decree, support activities for small and medium-sized enterprises before the effective date of this Decree may continue to be carried out according to the approved contents, programs and plans and small and medium enterprises are entitled to new supports as prescribed in this Decree.

2. In case a small and medium-sized enterprise has submitted a dossier or requested support before the effective date of this Decree but has not yet been approved by a competent support agency or organization, the enterprise shall resubmit or supplement supplement the dossier of proposal for support needs as prescribed in this Decree for consideration and approval according to regulations.

3. Applicable legal documents according to the content and norms of support for small and medium-sized enterprises specified in Decree No. 39/2018/ND-CP dated March 11, 3 of the Government detailing a number of Articles of the Law on Support for Small and Medium Enterprises, adjusted according to the content and support norms specified in this Decree.

Article 34. Enforcement

This Decree takes effect from October 15, 10 and replaces Decree No. 2021/39/ND-CP dated March 2018, 11 of the Government detailing a number of articles of the Law on Support for Small and Medium Enterprises. fit.

Article 35. Responsible for implementing

1. The Ministry of Planning and Investment is responsible for providing guidance; assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, government-attached agencies, and People's Committees of provinces and centrally run cities in implementing this Decree, periodically reporting to the Prime Minister on the actual situation. presently.

2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People's Committees of the provinces and centrally-run cities are responsible for the implementation of this Decree.