Decision No. 08/2008/QD-BCT Issuing the Regulation on the Construction, Implementation, and Management of the National Handicraft Promotion Program, Plan, and Project

DECISION

Issuing promulgating the Regulation on the establishment, implementation, and management

of the Program, Plan, and Project for Promoting Rural Industry  

THE MINISTER OF INDUSTRY AND TRADE

Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government's Decree No. 134/2004/NĐ-CP dated June 9, 2004 on encouraging the development of rural industry;

At the proposal of the Director of the Department of Local Industry,

DECIDES:

Article 1. To issue this Decision the Regulation on the establishment, implementation, and management of the Program, Plan, and Project for Promoting Rural Industry.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 3. The Director of the Ministry's Office, Heads of functional Departments under the Ministry, Directors of the Local Industry Bureau, Directors of Provincial Industry and Trade Departments, and Heads of related units are responsible for implementing this Decision.

REGULATIONS

Establishment, Implementation, and Management

of the Program, Plan, and Project for Promoting Rural Industry

(Annexed to Decision No. 08/2008/QĐ-BCT

dated May 12, 2008 of the Minister of Industry and Trade)

PART I

GENERAL PROVISIONS 

Article 1. Scope and objects regulated

Article 1. This Regulation stipulates the procedures and processes for establishing, reviewing, approving, implementing, supervising, evaluating, and managing the Program, Plan, and Project for Promoting Rural Industry.

Article 2. This Regulation applies to organizations and individuals involved in the implementation of the Program, Plan, and Project for Promoting Rural Industry, including:

a) Rural industrial establishments directly investing in industrial production at districts, towns, townships, and villages, including small and medium-sized enterprises; cooperatives; individual business households;

b) Organizations providing services for promoting rural industry;

c) State management agencies responsible for promoting rural industry as prescribed in Article 15 of the Government's Decree No. 134/2004/NĐ-CP dated June 9, 2004 on encouraging the development of rural industry (hereinafter referred to as Decree No. 134/2004/NĐ-CP).

Article 2. Interpretation of Terms

1. National Promotion Program (NPP) is a collection of contents and tasks regarding national and local promotion work during each period (usually five years), approved by the Prime Minister with the aim of encouraging the development of rural industry, contributing to the transformation of economic and social structures and labor in localities.

2. Industrialization Plan is a collection of annual promotion projects, setting out the schedule and expected specific results to be achieved to meet the requirements of the national promotion program for each period. The National Promotion Plan is approved by the Minister of Industry and Trade; the Local Promotion Plan is approved by the Chairman of the People's Committee (PC) of the province.

3. Industrialization Project is a project developed to implement one or more activities specified in Article 3 of Decree No. 134/2004/NĐ-CP. A promotion project has specific objectives, contents, beneficiaries, implementation time, and determined budget.

4. National promotion industry program is a promotion project using funds from the national promotion budget to implement promotion activities according to the national promotion program and plan approved by the Minister of Industry and Trade.

5. Local promotion industry program is a promotion project using funds from the local promotion budget to implement promotion activities according to the program and plan approved by the Chairman of the PC of the province.

6. Organization Providing Promotion Services are organizations and individuals of all economic sectors established in accordance with the law (Promotion Centers, scientific research institutions, training centers, consulting firms...) capable of carrying out promotion activities and services such as consulting, training, technology transfer, information provision, trade promotion, and other appropriate activities under Article 3 of Decree No. 134/2004/NĐ-CP to develop industry and small-scale handicrafts in rural areas.

7. Implementing Organization is an organization providing promotion services, rural industrial establishments with approved promotion projects in the national promotion plan, and is responsible for implementing these projects through economic contracts signed with the Local Industry Bureau (LIB).

8. Beneficiary Organizations and Individuals are organizations and individuals who directly benefit from the results of the implementation of promotion projects.

Chapter II

ESTABLISHMENT, APPROVAL OF PROGRAMS, PLANS

AND PROJECTS FOR PROMOTING RURAL INDUSTRY 

Article 3. Establishing the National Handicraft Promotion Program

1. The National Handicraft Promotion Program shall be established based on proposals from localities and the Ministry of Industry and Trade. Periodically at each stage, the Ministry of Industry and Trade shall direct the Department of Industry Promotion to guide provincial Departments of Industry and Trade to organize the establishment of local handicraft promotion programs for approval by the People's Committee of the province and submission to the Department of Industry Promotion for consolidation.

2. Based on proposals from central cities and provinces, the Department of Industry Promotion, and the compatibility of handicraft promotion projects with economic and social development plans, regional and local industrial and small-scale industrial development plans, the Ministry of Industry and Trade shall consider, consolidate, and establish the National Handicraft Promotion Program for approval by the Prime Minister in accordance with current regulations.

Article 4. Establishing the National Handicraft Promotion Plan

1. The National Handicraft Promotion Plan shall be established in accordance with the National Handicraft Promotion Program based on registrations from localities and the National Handicraft Promotion Center. The registration report for national handicraft promotion projects includes two parts: (i) Results of the previous year’s handicraft promotion activities; Evaluation of the implementation of the current year’s handicraft promotion plan; (ii) Objectives and directions for the next year’s handicraft promotion activities; List and project reports of national handicraft promotion projects included in the plan.

2. Based on registrations from localities, the National Handicraft Promotion Center, and the Department of Industry Promotion, the Department of Industry Promotion shall review and supplement tasks to consolidate and establish the National Handicraft Promotion Plan for consideration by the Ministry of Industry and Trade to incorporate it into the state budget plan of the Ministry, which will then be balanced and allocated funds by the Ministry of Finance.

The National Handicraft Promotion Plan consists of two parts: (i) Results of the previous year’s handicraft promotion activities nationwide; Evaluation of the current year’s National Handicraft Promotion Plan implementation situation; (ii) Objectives and directions for the next year’s national handicraft promotion activities; List of proposed handicraft promotion projects to be included in the plan.

3. Upon receipt of the State Budget Allocation Decision from the Ministry of Finance, the Department of Industry Promotion shall review the list of national handicraft promotion projects to align with the allocated Handicraft Promotion Program funding, submit for consideration and formal approval by the Minister of Industry and Trade for implementation.

4. The Department of Industry Promotion shall send the Decision allocating the national handicraft promotion program budget to units assigned the plan for implementation, and to the provincial Departments of Industry and Trade where projects are implemented for management and acceptance of the project basis, while simultaneously announcing on the Cục’s internet network.

Article 5. Principles for Establishing National Handicraft Promotion Projects

1. In line with the Party and State’s policies for developing industry and small-scale industry; strategies and planning for the development of industry, small-scale industry, and trades across the country, regions, and localities.

2. Consistent with the contents of the handicraft promotion activities stipulated in Article 3 and the list of industries and trades benefiting from handicraft promotion policies as specified in Article 6 of Decree No. 134/2004/NĐ-CP.

3. Consistent with the National Handicraft Promotion Program for each phase approved by the Prime Minister. For the period from 2008 to 2012, according to Decision No. 136/2007/QĐ-TTg of the Prime Minister approving the National Handicraft Promotion Program until 2012.

4. Consistent with Circulars guiding and related legal documents concerning handicraft promotion activities.

Article 6. National Handicraft Promotion Programs to be Prioritized

1. Regarding geographical areas: Prioritize handicraft promotion programs in regions where industry and small-scale craft industries are underdeveloped. In cases where regions have similar conditions, prioritize programs from units with experience and capacity to implement such programs.

2. Regarding trades: Prioritize programs supporting the development of production, processing, and assembly of mechanical products serving agriculture and rural areas; food processing industries; programs supporting the production of export-oriented products; programs supporting the production of consumer goods and fine arts crafts; programs producing without causing environmental pollution.

Article 7. Basic Content of the Report on National Handicraft Promotion Programs

The report on national handicraft promotion programs includes the following main contents:

1. The necessity of the program: Summarize the general situation (summarize the current state of the trade in the program at the local level); reasons and necessity for implementing the program.

2. Objectives: State the objectives that the program aims to achieve. These objectives must be clear and specific, meeting the actual needs of rural industrial production bases.

3. Scale of the program: Describe the scale and main activities of the program.

4. Implementing unit, cooperating unit, beneficiary unit, location of implementation.

5. Content and schedule: Clearly define the work content to be implemented and the implementation schedule, including the organizing/carrying out individuals or organizations.

6. Budget estimate: Determine the total budget for the program, clearly distinguishing the sources: handicraft promotion funds (national and local); contributions from beneficiary organizations and individuals; other sources (if any). The budget estimate should be detailed for each work item according to the prescribed form and must comply with current regulations (Appendix No. 1). For point-based handicraft promotion programs implemented over multiple years, the financial plan must also be allocated annually according to the implementation progress.

7. Implementation organization: Outline the implementation plan; the assigned implementing unit must have sufficient capacity (including the leading unit and cooperating units) in accordance with Point a, b, Clause 2, Article 1, Chapter I of this Regulation.

8. Program effectiveness: Clearly state the economic, social, and environmental benefits, as well as the sustainability of the program after the support ends.

Article 8. Procedures for Reviewing, Evaluating, Approving Plans and Programs for National Handicraft Promotion

1. Local-level review

a) Units implementing the handicraft promotion program (excluding National Handicraft Promotion Centers) prepare reports on the handicraft promotion program according to the provisions of Article 7, Chapter II of this Regulation and submit them to the Department of Industry and Trade of the provinces where the program will be implemented;

b) The Director of the Department of Industry and Trade organizes the review and approval of national handicraft promotion programs to ensure that these programs comply with current regulations on handicraft promotion work; the objectives of the programs align with the planning for industrial and small-scale craft industry development and the local handicraft promotion programs. The review of the program is conducted by the director's office staff. After approval, the programs are compiled into plans according to the prescribed form (Appendix No. 2) and submitted to the provincial People's Committee for reporting and to the Bureau of Industrial Development for consolidation to build the national handicraft promotion plan for the year;

c) Programs established by National Handicraft Promotion Centers are directly sent to the Bureau of Industrial Development for consolidation and approval after reaching consensus with the Department of Industry and Trade of the relevant localities where the programs will be implemented.

2. Ministry-level review and approval of the national handicraft promotion plan

The Director of the Bureau of Industrial Development organizes the review of the national handicraft promotion plan to ensure that the programs and plans comply with national regulations on handicraft promotion work; align with the national handicraft promotion program approved by the Prime Minister; the objectives of the programs and plans align with the regional, provincial, and national industrial development plans.

The review work is carried out by the director's office staff. If necessary, the Bureau of Industrial Development may invite representatives from ministries, sectors, other agencies, or experts for consultation. After the review, the Bureau of Industrial Development submits the national handicraft promotion plan to the Minister of Industry and Trade for consideration and approval.

3. Documentation for the handicraft promotion program when reviewed at the local level

- A request letter from the implementing unit;

- A report on the handicraft promotion program prepared according to the provisions of Article 7 of this Regulation. For programs where the implementing unit is not simultaneously the beneficiary, the agreement of the beneficiary unit is required.

4. Documentation for registering the national handicraft promotion plan for review at the Bureau of Industrial Development

The Departments of Industry and Trade send one set of documentation to the Bureau of Industrial Development including:

- The registration report on the national handicraft promotion program of the Department of Industry and Trade as stipulated in Clause 1, Article 4 of this Regulation;

- A summary table of national handicraft promotion programs;

- Reports on national handicraft promotion programs included in the summary table.

5. Documentation for the national handicraft promotion plan submitted to the Ministry of Industry and Trade for approval

- A submission report from the Bureau of Industrial Development requesting the approval of the national handicraft promotion plan according to Clause 2, Article 4 of this Regulation;

- A draft Decision approving the national handicraft promotion funding plan of the Minister of Industry and Trade, accompanied by a summary table of the national handicraft promotion funding plan.

Article 9. Content of Review

1. The degree of compliance of the proposal with the principles stipulated in Clause 1, Chapter II of this Regulation.

2. Objectives, necessity, and effectiveness of the proposal; rationality in the use of funds, resources, and other technical facilities.

3. Implementing units, cooperating units, beneficiaries.

4. Capability to integrate and combine with other projects and target programs.

5. Compliance and completeness of the proposal's dossier and documents.

Article 10. Time for Planning and Approving the Plan

1. Units implementing the proposal shall register the craft promotion proposal with the Department of Industry and Trade before May 31 each year. The registration dossier is specified in Clause 4, Article 8 of this Regulation.

2. Departments of Industry and Trade shall submit the plan registration dossier for national craft promotion to the Agency for Small and Medium Enterprises for review before June 30 each year. The review dossier is specified in Clause 5, Article 8 of this Regulation.

3. The Agency for Small and Medium Enterprises shall review, supplement, and compile the national craft promotion plan to be submitted to the Ministry of Industry and Trade for approval before July 15 each year to register annual budget.

4. When there is a Decision of the Minister on the allocation of state budget estimates, the Agency for Small and Medium Enterprises shall organize a review and assessment of the list of proposals and craft promotion tasks, draft plans to be reviewed and approved by the Ministry.

5. The Agency for Small and Medium Enterprises shall send the national craft promotion plan, which has been approved by the Minister, to the implementing units and relevant Departments of Industry and Trade (for coordination in directing, managing, and basic acceptance) and organize the signing of contracts to implement the plan.

Chapter III

IMPLEMENTATION AND MANAGEMENT OF THE NATIONAL CRAFT PROMOTION PROGRAM, PLAN, AND PROPOSAL

Chapter NATIONAL INCENTIVE PROGRAMS, PLANS, AND PROJECTS

Article 11. Implementation Organization

1. Local Industry Agency

a) Lead in drafting the national craft promotion program for each phase, mechanisms, policies, regulatory legal documents on craft promotion activities to be approved by competent authorities;

b) Lead in drafting the annual national craft promotion plan and budget estimate to be included in the Ministry's general budget estimate sent to the Ministry of Finance for submission to the Government;

c) Review, consolidate national craft promotion proposals and plans to be submitted to the Minister of Industry and Trade for consideration and approval of the annual national craft promotion budget plan;

d) Guide organizations and individuals in drafting national craft promotion proposals, plans, and programs;

đ) Sign contracts for national craft promotion proposals and guide units in organizing their implementation;

e) Liquidate and settle national craft promotion contracts according to regulations;

g) Manage, monitor, and compile reports (quarterly, mid-year reviews, annual summary reports, mid-year and annual summary reports on the craft promotion program; ad hoc reports) on the implementation of local and national craft promotion plans nationwide to be submitted to the Ministry and related agencies;

h) Lead in developing training programs, curricula, materials, and organizing training to enhance management capacity and implementation of craft promotion activities for staff involved in craft promotion work;

i) Serve as the focal point for consolidating and resolving issues related to national and local craft promotion work;

k) Serve as the focal point to assist the Minister in performing other state management functions regarding craft promotion activities as prescribed in Clause 1, Article 15 of Decree No. 134/2004/ND-CP of the Government.

2. The Department of Industry and Trade

a) Lead in drafting the local craft promotion program for each phase, mechanisms, policies, regulatory legal documents on craft promotion activities to be approved by competent authorities;

b) Guide organizations and individuals within its jurisdiction in drafting craft promotion proposals and plans; review, select, consolidate national craft promotion proposals, draft plans to report to the People's Committee, and send to the Agency for Small and Medium Enterprises for review and consolidation to be submitted to the Ministry of Industry and Trade for approval;

c) Guide organizations and individuals in implementing national and local craft promotion proposals. Serve as the focal point for resolving issues related to craft promotion activities at the local level;

d) Organize basic acceptance of national craft promotion proposals implemented within its jurisdiction;

đ) Coordinate with the Agency for Small and Medium Enterprises, ministries, and sectors to inspect, evaluate, and supervise the implementation of national craft promotion proposals and plans at the local level;

e) Manage, monitor, and compile reports (quarterly, mid-year reviews, annual summary reports, mid-year and annual summary reports on the craft promotion program; ad hoc reports) on the implementation of local and national craft promotion plans within its jurisdiction to be submitted to the Agency for Small and Medium Enterprises and the provincial People's Committee;

g) Serve as the focal point for consolidating and resolving issues related to craft promotion activities within its jurisdiction or submitting them to competent authorities for resolution;

h) The Department of Industry and Trade serves as the agency assisting the provincial People's Committee in performing state management functions regarding craft promotion activities at the local level.

3. Implementing Units

a) Draft detailed budget estimates for the proposal in accordance with regulations;

b) Organize the implementation of the national craft promotion proposal according to the contents that have been approved, the terms of the signed contract; use funds efficiently, in accordance with the budget estimate and current regulations of the State;

c) Create favorable conditions for competent authorities to inspect, evaluate, and supervise the implementation of proposals;

d) Coordinate with the Department of Industry and Trade to organize basic acceptance of craft promotion proposals. Ensure liquidation and settlement of funds in accordance with regulations;

đ) Ensure and bear legal responsibility for information provided to management agencies in the preparation of plans, proposals, various types of reports, and related documents of national craft promotion proposals and plans;

e) Bear responsibility for retaining documents and files on national craft promotion proposals and plans in accordance with the law.

4. Ministries, Sectors, Central Agencies within their respective functions, powers, and responsibilities shall cooperate with the Ministry of Industry and Trade, the Agency for Small and Medium Enterprises, and provincial and municipal People's Committees to perform state management functions over national craft promotion activities.

Article 12. Adjustment, supplementation, and cessation of implementation of the project

1. In cases where it is necessary to adjust, supplement, or cease the implementation of the handicraft promotion project, the Departments of Industry and Trade shall submit written documents to the Handicrafts and Rural Industries Department before September 30, clearly stating the reasons for adjustment, supplementation, or cessation of the project.

2. Based on the proposals for adjustment, supplementation, or cessation of the project from the Departments of Industry and Trade, the Handicrafts and Rural Industries Department shall review and approve or submit to the Minister of Industry and Trade for approval, specifically as follows:

a) The Handicrafts and Rural Industries Department shall approve proposals for adjustments related to changing the location of project implementation within the same province, adjustments concerning implementing partners, and adjustments that do not change or reduce the level of support funding from the national handicraft promotion budget.

b) The Handicrafts and Rural Industries Department shall consider and submit to the Ministry of Industry and Trade for approval other adjustment proposals such as transferring the location from one province to another, increasing the level of support funding, adjustments leading to fundamental changes in the content of the project (changes in the content of the promotion activities), new project supplementation proposals, and cessation of project implementation.

c) For projects with violations in implementation, failing to meet the objectives, content, progress, or content of the project, which are not appropriate, the Handicrafts and Rural Industries Department shall consider and decide to submit to the Ministry for approval to cease implementation.

3. Decisions on adjusting, supplementing, or ceasing the implementation of the handicraft promotion project shall be announced on the Handicrafts and Rural Industries Department's internet network and sent to the Departments of Industry and Trade and implementing units after issuance.

Article 13. Reporting on Project Implementation

1. Implementing units shall regularly prepare progress reports on project implementation according to the prescribed form (Annex No. 3) and send them to the Handicrafts and Rural Industries Department and the Departments of Industry and Trade before the 20th of each month. Ad hoc reports shall be prepared upon request of the management agency. Upon completion of project implementation, the unit shall prepare a comprehensive report on the results of the project (with attached files when settling accounts and finalizing contracts).

2. The Departments of Industry and Trade of provinces have the responsibility to regularly compile and prepare monthly reports on the implementation of projects, plans, and national and local handicraft promotion programs and send them to the Local Industry Department before the 25th of each month.

Article 14. Inspection, Supervision, and Evaluation of Project Implementation

1. The Handicrafts and Rural Industries Department shall take the lead and coordinate with relevant Ministries, sectors, Bureaus, Departments, provincial Departments of Industry and Trade, and cities to organize inspections, evaluations, monitoring, and supervision of the implementation of projects, plans, and national handicraft promotion programs.

2. The Handicrafts and Rural Industries Department shall develop inspection and evaluation plans for the implementation of national handicraft promotion projects; propose the composition of the inspection team and issue written documents to relevant agencies, local Departments of Industry and Trade where the projects are implemented, and the units assigned to implement the projects.

3. After inspection and evaluation, the team leader shall be responsible for preparing a comprehensive report on the inspection results and reporting to the Director of the Handicrafts and Rural Industries Department.

4. Units implementing projects and plans shall be responsible for preparing reports as required by the Department and providing all relevant documentation and information about the projects and plans. They shall facilitate inspections, supervision, and evaluation of the implementation of national handicraft promotion projects and plans.

Chapter IV

REWARD AND DISCIPLINARY MEASURES AND IMPLEMENTATION PROVISIONS

Article 15. Awards

1. Organizations and individuals who perform this Regulation well will be rewarded according to current regulations.

2. Organizations and individuals who perform effectively, provide complete reporting systems, settle accounts and finalize contracts on time will be given priority consideration when participating in subsequent national handicraft promotion projects and plans.

Article 16. Handling Violations

Organizations and individuals who violate this Regulation will be dealt with according to current laws, depending on the severity of the violation.

Article 17. Implementation Provisions

1. The Handicrafts and Rural Industries Department shall take the lead and coordinate with the Departments of Industry and Trade of centrally governed cities and provinces, and relevant organizations and individuals to guide, inspect the implementation of this Regulation, and compile and report to the Ministry of Industry and Trade.

2. Relevant Departments and Bureaus shall participate in coordinating with the Handicrafts and Rural Industries Department to organize inspections, supervision, and evaluation of national handicraft promotion projects, plans, and programs.

3. The Handicrafts and Rural Industries Department, relevant Departments and Bureaus, Departments of Industry and Trade, handicraft service organizations, and individuals and organizations participating in national handicraft promotion activities shall strictly comply with the provisions of this Regulation.

4. The Handicrafts and Rural Industries Department shall compile issues arising during the implementation process and report to the Minister of Industry and Trade for consideration and decision on amending and supplementing this Regulation./.