Circular No. 06/2019/TT-BKHĐT guiding the regulations on the organization and operation of the network of advisors to support small and medium-sized enterprises through the advisor network.

CIRCULAR

Guidelines for the organization and operation of the network of advisors, providing advisory support to small and medium-sized enterprises through the advisor network

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Pursuant to the Law on Supporting Small and Medium Enterprises;

Based on Decree No. 39/2018/NĐ-CP dated March 11, 2018, of the Government detailing certain provisions of the Law on Supporting Small and Medium-Sized Enterprises;

Article 1. Scope

At the proposal of the Director of the Enterprise Development Department;

The Minister of Planning and Investment issues this Circular guiding the regulations on the organization and operation of the network of advisors, providing advisory support to small and medium-sized enterprises through the advisor network.

Article 1. Scope of Regulation

This Circular guides the organization and operation of the network of advisors; providing advisory support to small and medium-sized enterprises through the advisor network as stipulated in Article 13 of Decree No. 39/2018/NĐ-CP dated March 11, 2018, of the Government detailing certain provisions of the Law on Supporting Small and Medium-Sized Enterprises.

Article 2. Applicability

1. The application objects according to Article 2 of Decree No. 39/2018/NĐ-CP dated March 11, 2018, of the Government detailing certain provisions of the Law on Supporting Small and Medium-Sized Enterprises.

2. This Circular does not apply to advisory support contents for innovative start-up small and medium-sized enterprises and small and medium-sized enterprises participating in industry clusters and value chains as stipulated in Chapter IV of Decree No. 39/2018/NĐ-CP dated March 11, 2018, of the Government detailing certain provisions of the Law on Supporting Small and Medium-Sized Enterprises. Advisory support for these enterprises shall be implemented according to the approved Support Program for Small and Medium-Sized Enterprises.

Article 3. Activities organizing the advisor network and providing advisory support to small and medium-sized enterprises through the advisor network

The advisor network is established and organized in accordance with Article 13 of Decree No. 39/2018/NĐ-CP dated March 11, 2018, of the Government detailing certain provisions of the Law on Supporting Small and Medium-Sized Enterprises, including the following activities:

1. Organizing the advisor network:

a) Establishing criteria and recognizing organizations and individuals belonging to the advisor network.

b) Announcing the advisor network.

c) Managing, supervising, and evaluating the activities of the advisor network.

2. Organizing advisory support for small and medium-sized enterprises:

a) Small and medium-sized enterprises select organizations and individuals providing advice within the advisor network.

b) Receiving applications for advisory support.

c) Approving advisory support.

d) Managing, supervising, and evaluating the implementation of advisory activities for small and medium-sized enterprises.

Article 4. Establishing criteria, recognizing organizations and individuals belonging to the advisor network, and announcing information about the advisor network

1. The establishment of criteria and recognition of organizations and individuals belonging to the advisor network shall be carried out in accordance with Clause 4, Article 13 of Decree No. 39/2018/NĐ-CP dated March 11, 2018, of the Government detailing certain provisions of the Law on Supporting Small and Medium-Sized Enterprises. Ministries and ministerial-level agencies shall develop online software to allow eligible organizations and individuals to automatically register and be recognized as part of the advisor network.

2. Information about the advisor network includes: name of the advising organization or individual; registration number and capability dossier of the advisor (as specified in Appendix 1 and Appendix 2 attached to this Circular) shall be published on the websites of ministries and ministerial-level agencies with advisor networks and the National Portal for Supporting Small and Medium-Sized Enterprises in accordance with Clause 4, Article 13 and Point c, Clause 4, Article 25 of Decree No. 39/2018/NĐ-CP dated March 11, 2018, of the Government detailing certain provisions of the Law on Supporting Small and Medium-Sized Enterprises.

Article 5. Small and medium-sized enterprises select individuals or organizations within the network of consultants.

1. Based on information about the network of consultants published on the National Portal for Supporting Small and Medium-Sized Enterprises and the electronic website of the Ministry or equivalent ministry, small and medium-sized enterprises choose to access, negotiate, and sign a service consultancy agreement memorandum with individuals or organizations within the network of consultants (hereinafter referred to as the Service Consultancy Agreement Memorandum).

2. The Service Consultancy Agreement Memorandum includes the following contents:

a) Name and contact information of the small and medium-sized enterprise; consultant individual or organization.

b) Content and scope of consultancy.

c) Rights, obligations, and responsibilities of the parties involved in the Service Consultancy Agreement Memorandum.

d) Duration and progress of consultancy services.

đ) Service fees and payment methods: including the amount of consultancy fee reduction proposed for support from the state budget.

e) Expected results of consultancy services.

g) Other agreements related to consultancy services.

Article 6. Receiving Applications for Consultancy Support

1. Based on assigned consultancy support tasks and funds, the agency or organization supporting small and medium-sized enterprises under the Ministry, equivalent ministry, or provincial People's Committee (hereinafter collectively referred to as the enterprise support unit) guides and organizes the receipt of applications for consultancy support from small and medium-sized enterprises. Information regarding the subjects, time, and location for receiving applications for consultancy support must be publicly announced on the electronic website of the enterprise support unit and the National Portal for Supporting Small and Medium-Sized Enterprises.

2. Small and medium-sized enterprises submit applications for consultancy support according to the guidance of the enterprise support unit, simultaneously declaring the consultancy support received during the year of application. Small and medium-sized enterprises bear responsibility for the accuracy, truthfulness, and completeness of the legal basis of the declared application forms.

3. Applications for consultancy support shall be implemented in accordance with Clause 2, Article 13 of Decree No. 39/2018/ND-CP dated March 11, 2018, detailing certain provisions of the Law on Supporting Small and Medium-Sized Enterprises.

Article 7. Approval of Consultancy Support

1. The enterprise support unit is responsible for examining and approving applications for consultancy support based on the following criteria:

a) The small and medium-sized enterprise meets the criteria stipulated in Article 6 of Decree No. 39/2018/ND-CP of the Government detailing certain provisions of the Law on Supporting Small and Medium-Sized Enterprises.

b) The consulting organization or individual belongs to the network of consultants.

c) The proposed budget is consistent with the support level specified in Article 13 of Decree No. 39/2018/ND-CP of the Government detailing certain provisions of the Law on Supporting Small and Medium-Sized Enterprises.

d) The content of the Service Consultancy Agreement Memorandum complies with regulations and meets the needs of the enterprise.

2. The decision to approve consultancy support for small and medium-sized enterprises clearly states the level of support, duration of support, and the amount of consultancy fee reduction in the consultancy contract.

3. Within ten working days from the date of approval of consultancy support, the enterprise support unit shall publish information about consultancy support on its electronic website and the National Portal for Supporting Small and Medium-Sized Enterprises (in accordance with the model prescribed in Appendix 3 of this Circular).

4. Based on the decision to approve consultancy support, small and medium-sized enterprises proceed to sign, organize implementation, inspect, terminate, and settle all costs of the consultancy contract; at the same time, request the enterprise support unit to refund the consultancy fee reduction according to the approval decision.

5. The enterprise support unit organizes management and storage of relevant files and certificates for each consultancy contract in accordance with current regulations as a basis for settlement, review, and supervision. The files include (original or certified copy): Application for consultancy support; Decision to approve consultancy support; Consultancy contract and inspection and termination memorandum of the consultancy contract; related financial invoices and certificates.

Article 8. Management, supervision, and evaluation of the network of advisors, providing advisory support to small and medium-sized enterprises through the advisor network activities of the network of advisors, providing advisory support to small and medium-sized enterprises through the advisor network

1. Ministries and ministerial-level agencies shall assign lead units to manage, supervise, and evaluate the organization and operation of the advisor networks in their respective sectors and fields in accordance with Point c, Clause 4, Article 25 of Decree 39/2018/NĐ-CP detailing certain provisions of the Law on Supporting Small and Medium-Sized Enterprises.

2. Annually, lead units shall review and evaluate the activities of the advisor network; remove organizations and individuals who violate the law or advise small and medium-sized enterprises to engage in illegal activities from the network; and publicly announce such removals on the websites of ministries, ministerial-level agencies, and the National Portal for Supporting Small and Medium-Sized Enterprises (in accordance with the form prescribed in Appendix 4 attached hereto).

3. Ministries, ministerial-level agencies, and provincial People's Committees shall assign tasks to units supporting small and medium-sized enterprises to plan, organize, and implement advisory support and manage, supervise, and evaluate advisory support provided to small and medium-sized enterprises through the advisor network.

4. In cases where small and medium-sized enterprises or advisory organizations and individuals are found to be engaging in illegal activities or entering into dishonest agreements to defraud state support, the units supporting small and medium-sized enterprises shall notify the lead unit to remove such organizations and individuals from the advisor network; handle them according to regulations and publicly disclose information on their own websites; and simultaneously report to the Ministry of Planning and Investment (in accordance with the form prescribed in Appendix 4) for monitoring, summarizing, and public disclosure on the National Portal for Supporting Small and Medium-Sized Enterprises.

Article 9. Reporting on advisory support provided to small and medium-sized enterprises through the advisor network

Ministries, ministerial-level agencies, and provincial People's Committees shall compile the operational status of the advisor network and the provision of advisory support to small and medium-sized enterprises through the advisor network (in accordance with the form prescribed in Appendix 5 attached hereto) and submit it to the Ministry of Planning and Investment for inclusion in the overall report on the implementation of support for small and medium-sized enterprises as stipulated in Clause 1, Article 22 of the Law on Supporting Small and Medium-Sized Enterprises.

Article 10. Effective Date

1. This Circular takes effect from May 12, 2019.

2. In cases where referenced documents cease to be effective and are replaced by other documents, the provisions of the replacement documents shall apply.

3. The Minister, Heads of ministerial-level agencies, Chairpersons of provincial People's Committees, and Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular. Any issues encountered during implementation should be promptly reported to the Ministry of Planning and Investment for study and resolution./.