Decision No. 10/2017/QĐ-TTg Issuing the Regulation on Management and Implementation of the Program for Supporting Industry Development

Pursuant to …;

Issuing the Management and Implementation Regulation for the Program to Develop Support Industries

Pursuant to Decision No. 111/2015/NĐ-CP dated November 3, 2015 of the Government on developing support industries;

On the basis of The Law on Archives dated November 11, 2011;

Decree No. The Prime Minister decides to issue the Management and Implementation Regulation for the Program to Develop Support Industries:

At the proposal of the Minister of Industry and Trade;

This Decision promulgates the Management and Implementation Regulation for the Program to Develop Support Industries.

Article 1. This Decision takes effect from May 25, 2017.

Article 2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, relevant organizations, units, and individuals are responsible for implementing this Decision./.

Article 3. - Vietnam Federation of Trade Unions;

 

REGULATIONS

(Annexed to Decision No. 10/2017/QĐ-TTg dated April 3, 2017 of the Prime Minister)
Chapter I

Article 1. This Regulation stipulates the management and implementation of the Program to Develop Support Industries approved by the Prime Minister at each stage (hereinafter referred to as the Program).
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 2. This Regulation applies to the leading units implementing projects under the Program (hereinafter referred to as Leading Units), the Program management agencies, beneficiaries of the Program, and organizations and individuals involved in activities related to the development of support industries.

Article 3. Leading Units

Clause 1. Leading Units are central and local state management agencies for the development of support industries; organizations assigned tasks to implement projects under the Program.

Clause 2. Leading Units may receive funds from state budget and other sources to implement projects and settle accounts according to the provisions of the law.

Clause 3. Leading Units may enter into contracts with organizations and individuals to carry out project components within the scope of the project.

Article 4. Program Implementation Funds

Clause 1. Central-level Program implementation funds are formed from the following sources:

Point a) Annual state budget allocation according to the plan;

Point b) Funding and contributions from organizations and individuals implementing support industry development activities;

Point c) Funding and contributions from domestic and foreign organizations and individuals;

Point d) Other lawful sources as prescribed by law.

Clause 2. Local-level Program implementation funds are formed from the following sources:

Point a) Annual state budget allocation of provincial People's Committees;

Point c) Funding and contributions from domestic and foreign organizations and individuals;

Point c) Funding and contributions from domestic and foreign organizations and individuals;

Clause 3. State budget support for Program implementation follows the principle that:

Clause 2. Local-level Program implementation funds are formed from the following sources:

Point a) Central-level Program implementation funds are allocated in the annual state budget estimate of the Ministry of Industry and Trade as prescribed;

Point b) Local-level Program implementation funds are allocated in the annual state budget of provincial People's Committees.

Article 5. Management of Program Funds

Clause 1. The Ministry of Industry and Trade shall develop plans and prepare budgets for the implementation of the central-level Program, incorporate them into the annual state budget estimate of the Ministry of Industry and Trade, and submit them to competent state agencies for approval in accordance with the law.

The Minister of Industry and Trade approves the Program and annual implementation budget based on the state budget expenditure estimate for the Program announced by the Ministry of Finance, which has been approved by the competent authority.

Clause 2. Plans and budgets for the implementation of the local-level Program are developed by provincial People's Committees, incorporated into their annual state budget estimates, and submitted to competent authorities for approval in accordance with the law.

Clause 3. Program implementation funds from the state budget are processed through budget preparation, budget approval, budget allocation, budget execution, accounting, and final settlement according to the specific codes specified in the State Budget Manual.

Clause 4. The Ministry of Industry and Trade enters into contracts to implement central-level Program projects; local-level competent authorities enter into contracts to implement local-level Program projects with organizations and individuals.

Clause 5. Within thirty days from the completion of project acceptance according to the contract, the project implementation unit must complete the final settlement documentation as prescribed.

Clause 6. For projects under the Program that have been assigned and contracted, unused state budget support funds shall be handled in accordance with current laws on the state budget.

6. For projects under the Program that have been assigned and contracted, the unused state budget funding shall be handled in accordance with the current laws on the state budget.

Chapter II
CONTENTS AND LEVEL OF SUPPORT

Article 5. Connecting and supporting small and medium enterprises (SMEs) in the manufacturing support industry to become suppliers of products for both domestic and foreign customers; promoting foreign investment attraction in the manufacturing support industry sector.

1. Main activities include:

a) Surveying, assessing needs, establishing standards, and quality control regulations for support industry products;

b) Organizing evaluations and confirming the capabilities of SMEs in the support industry;

c) Providing technical advice and support to SMEs in the support industry;

d) Advising and supporting businesses to invest in the support industry sector;

đ) Evaluating and recognizing enterprises with international-level capacity and scale;

e) Connecting Vietnamese SMEs in the support industry with domestic and foreign enterprises;

g) Organizing seminars to promote domestic and foreign investment in the support industry sector;

h) Organizing trade fairs and exhibitions to connect the support industry;

i) Organizing programs to attract direct foreign investment in the support industry;

k) Supporting enterprises in promoting and registering trademarks for support industry products;

l) Supporting SMEs in the support industry to seek and develop markets for their products domestically and internationally;

m) Promoting and advertising on mass media about support industry activities.

2. The maximum level of support is 100% for the contents specified in points a, b, c, d, đ, Clause 1 of this Article; 70% for the contents specified in points e, g, h, i, k, l, m Clause 1 of this Article.

Article 6. Supporting enterprises to apply management systems that meet the requirements of global production chains in business management and production management.

1. Main activities include:

a) Assessing the ability and need to apply standards and management systems in production at enterprises;

b) Building programs and organizing training for enterprises;

c) Evaluating and recognizing enterprise management and production management systems.

2. The maximum level of support is 100% for the contents specified in Clause 1 of this Article.

Article 7. Supporting the enhancement of human resource quality to meet the requirements of industries producing support industry products.

1. Main activities include:

a) Studying and assessing the human resource needs of SMEs in the support industry;

b) Building training programs to enhance the qualifications of state management officials; enterprise managers, and technical workers in the production of support industry products;

c) Organizing training courses for state management officials; enterprise managers, and technical workers in the production of support industry products on policies, management, technology, trade, etc.;

d) Hiring consultants and collaborating with foreign experts to support training and improve the qualifications of management and production management teams, technical teams, technological teams, etc.;

2. The maximum level of support is 70% for the contents specified in Clause 1 of this Article.

Article 8. Supporting research and development, application, transfer, and innovation of technology in the trial production of components, parts, raw materials, and materials.

1. Main activities include:

a) Establishing and promulgating national technical standards in the support industry sector;

b) Establishing and publicizing standards for raw materials, materials, components, and parts; establishing and publicizing national standards for raw materials, materials, components, and parts that comply with international standards;

c) Introducing and disseminating certain production technology processes and technical requirements for support industry products to SMEs in Vietnam;

d) Connecting domestic and foreign experts to directly support domestic SMEs in the support industry;

đ) Supporting research and application, trial production of priority developed support industry products, transferring technology to enterprises and research institutions in the support industry sector;

e) Supporting SMEs in perfecting and innovating technology and trial production of priority developed support industry products;

g) Supporting enterprises in receiving advanced and modern technology transfers; purchasing copyrights, patents, software; hiring foreign experts and training human resources;

h) Supporting research and trial production projects of priority developed support industry products. Partially funding research costs for organizations and individuals who have invested in researching, developing, and applying them to production with economically effective results;

i) Supporting the purchase of production and testing equipment for laboratories and production facilities to enhance the capabilities of Technology Development Support Centers according to the project approved by the Ministry of Industry and Trade;

k) Supporting the establishment and improvement of criteria to evaluate enterprises based on technology and support industry products;

l) International cooperation in training, research, and technology transfer.

2. The maximum level of support is 50% for the contents specified in points đ, e, g, h, k, m Clause 1 of this Article; 70% for the contents specified in points d, l Clause 1 of this Article; 100% for the contents specified in points a, b, c, i Clause 1 of this Article.

Article 9. Construction and publication of information on supporting industries annually

1. Main activities:

a) Surveying, building, and updating databases of enterprises producing finished products and supporting industrial products in the fields of textiles, footwear, electronics, automobile manufacturing and assembly, mechanical manufacturing (including key mechanical products), high-tech industries;

b) Purchasing shared databases for the supporting industry sector (for data that does not exist domestically or is not reliable);

c) Providing supply and demand information about the market for supporting industrial products and policies on supporting industries;

d) Organizing annual conferences to publish information on the production capacity of national supporting industries;

đ) Publishing publications on supporting industries;

e) Operating an electronic information website on supporting industries.

2. The level of support at 100% applies to the contents stipulated in this Article.

Chapter III
CONSTRUCTION AND IMPLEMENTATION OF PROJECTS UNDER THE PROGRAM

Article 10. Construction of projects

1. The main units constructing projects shall include the following contents:

a) Explanation of experience, capability, and ability to implement by the main unit;

b) The necessity and suitability of the project;

c) Detailed activity content;

d) Detailed budget estimate (including the requested support amount from the Program's funding, and matching funds (if any));

đ) Implementation schedule;

e) Expected results and products;

g) Evaluation of the project's effectiveness and impact.

2. Projects must meet the following requirements:

a) Meeting actual needs in the development of supporting industries;

b) Being consistent with the approved orientation for the development of supporting industries by competent authorities;

c) Being consistent with the strategy and planning for the development of economic regions, sectors, and localities approved by the Government;

d) Ensuring feasibility regarding: Implementation methods, time, implementation schedule, human resources, finance, and technical infrastructure;

đ) For projects with an implementation period exceeding one fiscal year, the main unit must develop content and budget for each year.

Article 11. Acceptance and evaluation of projects

1. For projects expected to request support from central funds, the main unit sends the project to the Ministry of Industry and Trade before March 31 of the preceding year.

The state management agency for supporting industries under the Ministry of Industry and Trade, based on selection criteria and requirements, evaluates the content and compiles it to send to the Review Board.

2. For projects expected to request support from local funds, the competent authority at the local level guides the main units to submit and accept the projects; based on selection criteria and requirements, evaluates the content and compiles it to send to the Review Board established by the locality.

Article 12. Review and approval of projects

1. The Minister of Industry and Trade decides to establish the Review Board for projects under the Program (hereinafter referred to as the Board) chaired by the leader of the Ministry of Industry and Trade; members include representatives from the Ministry of Industry and Trade, other ministries, agencies, and related organizations. The Board is responsible for reviewing projects constructed by the main units. The Board may invite and seek opinions from experts during the review process.

The Ministry of Industry and Trade is responsible for guiding the construction, acceptance, preliminary evaluation of projects; compiling and sending them to the Board for review; approving projects based on the review results of the Review Board.

2. The People's Committee of the province decides to establish the Review Board to review, evaluate, and approve projects under the Program using local funds.

The People's Committee of the province is responsible for guiding the construction, acceptance, preliminary evaluation of projects; compiling and sending them to the Board for review; approving projects based on the review results of the Review Board.

Article 13. Adjustment and Termination of Implementation of the Project

1. In cases where the Leading Unit adjusts, changes the content, or terminates the implementation of the project that has been approved, it must submit a document clearly stating the reasons and proposing adjustment plans to the competent authority for examination and decision.

2. In cases where the Leading Unit fails to implement the objectives, contents, and progress of the project as approved, or if the content of the project is deemed no longer appropriate, the Ministry of Industry and Trade or the competent authority at the local level shall examine and decide on terminating the implementation of the project.

3. After the decision on adjustment or termination of the project's implementation, the competent authority shall carry out the reallocation of remaining funds (if any); the management and use of these funds shall be conducted by relevant agencies and units in accordance with the laws on the management and use of state budget funds.

Chapter IV
IMPLEMENTATION

Article 14. Responsibilities of the Ministry of Industry and Trade

The Ministry of Industry and Trade is the agency entrusted by the Government to manage the Program and is responsible for performing the following tasks:

1. To take the lead and coordinate with ministries, sectors, localities, and industry associations in guiding the development of the supporting industry.

2. To guide the construction of projects, receive, review, approve, and sign agreements with leading units to implement projects in accordance with this Regulation.

3. To approve the list of projects, supervise, and inspect the implementation of projects under the Program.

4. To organize the acceptance of project implementation results under the Program, evaluate their compliance with each project's objectives and the overall Program's objectives.

5. To compile and build the budget estimate for implementing the Program and incorporate it into the departmental budget estimate, submitting it to the Ministry of Planning and Investment and the Ministry of Finance for consideration and allocation, and presenting it to the competent authority for approval according to the State Budget Law.

6. To manage the state budget funds allocated for implementing the Program to develop the supporting industry.

7. To annually compile and assess the results, reporting to the Prime Minister on the implementation status of the Program.

8. To establish and improve the system of regulatory legal documents and guide localities, organizations, individuals, and related units in implementing the Program.

9. To cooperate with domestic and foreign organizations and individuals to attract capital and resources to serve the development of the supporting industry.

10. To perform other state management functions as stipulated in Article 14 of Decree No. 111/2015/NĐ-CP dated November 3, 2015, of the Government on developing the supporting industry.

Article 15. Responsibilities of Ministries and Sectors

1. The Ministry of Planning and Investment

a) To take the lead in allocating investment capital for development in accordance with the State Budget Law to implement the Program to develop the supporting industry established by the Ministry of Industry and Trade.

b) To coordinate with the Ministry of Industry and Trade to guide, inspect, and supervise the implementation of investment projects to construct Supporting Industry Development Centers.

2. Ministry of Finance

a) To take the lead in allocating operating funds for activities to develop the supporting industry in accordance with the State Budget Law.

b) To establish and issue guidelines for the preparation, management, and use of Program funds upon the request of the Ministry of Industry and Trade.

c) To issue separate codes for Program funds in the State Budget Record.

d) To coordinate with the Ministry of Industry and Trade to guide, inspect, and supervise the implementation of the Program.

Article 16. Responsibilities of Provincial People's Committees

To perform state management functions over the Program to develop the supporting industry within the local jurisdiction, specifically:

1. To establish, receive, review, approve, and organize the annual implementation of the Program at the local level and during each phase.

2. To decide on the form and level of support from local Program funds for the contents specified in this Decision.

3. To ensure local government budget funds to organize the implementation of the Program at the local level in accordance with the provisions of this Decision.

4. To establish and send to the Ministry of Industry and Trade for consolidation the projects under the Program using central-level funds.

5. To organize inspections, audits, and resolve complaints and denunciations in the implementation of the Program within the local area.

6. To actively attract non-budgetary funds to implement the local Program.

7. To monitor, evaluate, and report annually to the Ministry of Industry and Trade on the implementation of the Program at the local level.

Article 17. Responsibilities of the Leading Unit

1. Organize the implementation of approved projects in accordance with the objectives, contents, schedules, and budgets stipulated in the signed contracts; ensure the economical and effective use of funds and be responsible for expenditures in compliance with current financial regulations.

2. For projects supported from the central government budget, the leading unit shall submit reports on the implementation status of the projects to the Ministry of Industry and Trade before December 1st each year.

3. For projects supported from local government budgets, the leading unit shall submit reports on the implementation status of the projects to the competent authority at the local level for consolidation and reporting to the Ministry of Industry and Trade before December 1st each year.

4. Provide complete documentation and accurate information related to the project implementation status and facilitate inspection and supervision activities as prescribed.

Article 18. Organization of Inspection and Implementation of the Program

1. The Ministry of Industry and Trade shall cooperate with the Ministry of Finance and the Ministry of Planning and Investment to conduct regular and spot inspections; assess the implementation status of tasks and objectives of the projects to ensure that the management and use of Program funds are carried out according to purpose, economically, and effectively.

2. The state management unit for supporting industries will not accept new projects from the leading unit in the following year if the leading unit violates obligations stipulated in Clauses 1, 2, and 3 of Article 17 of this Regulation.

3. Ministers, heads of ministerial-level agencies, heads of governmental agencies, Chairpersons of provincial People's Committees under the central government, and heads of relevant agencies within their respective functions and duties shall be responsible for providing specific guidance and inspecting the implementation of this Decision.

4. Organizations and individuals who violate this Regulation shall be subject to legal sanctions according to the severity of the violation as provided by current laws./.