Circular No. 17/2018/TT-BCT amending and supplementing certain Articles of Circular No. 36/2013/TT-BCT dated December 27, 2013, issued by the Minister of Industry and Trade on the establishment of plans, organization of implementation, and management of national handicraft promotion funds.

CIRCULAR

Amending and supplementing certain articles of Circular No. 36/2013/TT-BCT dated December 27, 2013 of the Minister of Industry and Trade on the establishment of plans, organization of implementation, and management of national industrial promotion fundsngày 27 tháng 12 năm 2013 của Bộ trưởng Bộ Công Thương quy định về việc xây dựng kế hoạch, tổ chức thực hiện và quản lý kinh phí khuyến công quốc gia

Pursuant to Decree No. 45/2012/NĐ-CP dated May 21, 2012 of the Government on industrial promotion;

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

PURSUANT TO THE PROPOSAL OF THE DIRECTOR OF THE LOCAL INDUSTRY DEPARTMENT

The Minister of Industry and Trade issues this Circular amending and supplementing certain articles of Circular No. 36/2013/TT-BCT dated December 27, 2013 of the Minister of Industry and Trade on the establishment of plans, organization of implementation, and management of national industrial promotion funds.

Article 1. Amending and supplementing certain articles of Circular No. 36/2013/TT-BCT dated December 27, 2013 of the Minister of Industry and Trade on the establishment of plans, organization of implementation, and management of national industrial promotion funds

1. Amending Clause 3 and supplementing Clauses 5, 6, and 7 of Article 2 as follows:

"3. A national industrial promotion project at a specific point (hereinafter referred to as a project at a specific point) is a national industrial promotion project (hereinafter referred to as a project) established according to the production industry of products with potential competitive advantages of the country, region, locality; having from two industrial promotion activities and two beneficiaries or more; the implementation period is from two to three years; the industrial promotion activities in the project are interconnected to encourage and support the development of rural industry in a focused manner."

"5. A national industrial promotion project for a group (hereinafter referred to as a group project) is a national industrial promotion project having from two beneficiaries or more implementing the same industrial promotion activity.

6. A national industrial promotion project for a specific beneficiary is a project having a specific beneficiary for a specific industrial promotion activity in a specific area.

7. Regular national industrial promotion tasks are national industrial promotion tasks organized and implemented annually by the Department of Industry and Trade of localities and units providing industrial promotion services under the Ministry of Industry and Trade to serve the common needs of national industrial promotion activities, including the following groups of tasks:

a) Information dissemination:

Providing information on policies for industrial development, industrial promotion, market information, disseminating experiences and exemplary models of production and business, cleaner production in industry, through various forms such as: producing television programs, radio broadcasts; publishing newsletters and publications; building databases and websites; leaflets, brochures, and other mass media forms;

b) International cooperation in industrial promotion:

Exchanging and learning experiences in industrial promotion, encouraging industrial development, managing industrial clusters, and cleaner production with foreign organizations and individuals in accordance with Vietnamese laws. Enhancing the capacity and expertise of personnel involved in industrial promotion through international cooperation programs and study tours abroad;

c) Improving management capacity and organizing the implementation of industrial promotion activities:

Developing training programs and materials, organizing training, and professional development for personnel involved in industrial promotion; organizing specialized seminars and conferences to evaluate and summarize industrial promotion activities; building, maintaining, and disseminating databases and websites on industrial promotion and cleaner production; developing annual industrial promotion plans; inspecting, supervising, and guiding the implementation of industrial promotion programs, plans, and projects."

2. Amending and supplementing Article 3 as follows:

"Article 3. Methods for implementing national craft promotion programs and tasks

1. Programs and tasks shall be implemented in accordance with the Bidding Law (if they meet the conditions stipulated therein), including: organizing domestic and international trade fairs and exhibitions; supporting participation in domestic and international trade fairs and exhibitions (using national craft promotion funds to support one fair or exhibition); supporting infrastructure investment in industrial clusters and repairing and upgrading environmental pollution treatment systems in industrial clusters; communication programs.

2. In addition to the programs and tasks implemented in accordance with the Bidding Law as provided in Clause 1 of this Article, other programs and tasks shall be implemented through selection methods.

3. Supplement Point 3a following Point 3 as follows:

"Article 3a. Implementation methods for group programs and pilot programs

1. Group Programs

a) Group programs include: vocational training and skill transmission programs; enhancing management capacity and initiating business establishment; consulting and assisting rural industrial establishments; supporting rural industrial establishments to participate in trade fairs and exhibitions; supporting the application of advanced machinery in industrial and small-scale industrial production; supporting the construction and registration of trademarks;

b) Group programs do not require the determination of location, beneficiary units, and cooperating units when reviewed at the Ministry level, except for group programs supporting the application of advanced machinery in industrial and small-scale industrial production, which must be established according to each field and product with competitive advantages in regions and localities based on the list of trades benefiting from craft promotion policies as stipulated in Clause 1, Article 5 of Decree No. 45/2012/NĐ-CP; these programs must determine location, beneficiary units, types of machinery and equipment when reviewed at the Ministry level, and must also determine cooperating units and technical specifications of machinery and equipment when planning implementation to serve as the basis for signing national craft promotion contracts.

2. Pilot Programs

a) When reviewed at the Ministry level, the specific locations, beneficiary units, and cooperating units for craft promotion activities in the first year of the plan must be determined (except for activities carried out under group programs as specified in point b, Clause 1 of this Article);

b) For the preparation of plans for subsequent years: Regions, units, and National Craft Promotion Centers are responsible for reviewing and adjusting craft promotion activities to fit actual circumstances, formulating national craft promotion plans for budgetary years based on the detailed requirements already determined for the first year of the plan to be reviewed according to regulations;

c) After the Minister of Industry and Trade approves the national craft promotion budget plan for the first year of the plan, pilot programs will be prioritized to allocate funds for subsequent years to implement in accordance with the State Budget Law.

4. Amend and supplement Clause 1 and Clause 2 of Article 4 as follows:

"1. Consistent with the Party's and State's policies, plans, and programs for industrial and small-scale industrial development; consistent with national, regional, and provincial master plans.

2. Consistent with the target groups and content of craft promotion activities, the list of trades benefiting from craft promotion policies as stipulated in Decree No. 45/2012/NĐ-CP; consistent with the principles of using craft promotion funds as prescribed in Circular No. 28/2018/TT-BCT dated March 28, 2018, guiding the preparation, management, and use of craft promotion funds issued by the Minister of Finance."

5. Amend and supplement Point b, Clause 1, Article 6 as follows:

"b) The list of programs and tasks registered in the national craft promotion plan according to Model No. 2 of Appendix 1 promulgated together with this Circular."

6. Amend and supplement Clause 2 and Clause 4 of Article 6 as follows:

"2. The Local Industry and Trade Bureau reviews and selects programs and tasks from the list of registered national craft promotion plans of localities, units, and Regional Craft Promotion Centers, and supplements additional programs and tasks of the Local Industry and Trade Bureau to compile the national craft promotion plan to submit to the Ministry of Industry and Trade for consideration and consolidation into the Ministry's state budget plan sent to the Ministry of Finance for consolidation according to regulations."

"4. Based on the decision approving the national craft promotion plan and the annual revenue and expenditure budget of the Ministry of Industry and Trade, the Local Industry and Trade Bureau notifies the assignment of regular national craft promotion tasks to units to organize implementation according to regulations. After receiving the unified allocation budget opinion from the Ministry of Finance, the Local Industry and Trade Bureau notifies the assignment of national craft promotion funding plans to localities and units with programs to sign contracts and implement."

7. Amend and supplement Article 7 as follows:

"Article 7. General criteria and priority criteria for selecting proposals and tasks

Clause 1. General criteria

a) In accordance with the principles of proposal formulation as stipulated in Article 4 of this Circular;

b) The content of activities promoting small and medium industries has a stimulating effect on the development of industry and small-scale handicrafts at the national, regional, and local levels;

c) Consistent with the level of national industrial promotion funding support as decided by the Minister of Industry and Trade;

d) The implementing unit of the proposal does not violate the national industrial promotion contract within the last two years.

2. Priority criteria

a) Prioritize selection of model proposals; proposals in priority sectors and areas as prescribed in Decree No. 45/2012/NĐ-CP and other guiding documents on industrial promotion;

b) In cases where proposals are implemented in areas with similar conditions and in the same sector, prioritize those from units with more experience and better organizational capabilities.

8. Amend Clause 1 and Clause 2 of Article 8 as follows:

"1. Provincial-level review

a) For proposals registered by the Department of Industry and Trade and proposals implemented by other units at the provincial level:

The provincial Industrial Promotion Center and units preparing the proposal shall submit the proposal dossier according to Clause 1 of Article 10 of this Circular or the National Industrial Promotion Plan Registration Form (Form No. 16 of Appendix 1 issued together with this Circular) (for subsequent years of the plan for model proposals) to the Department of Industry and Trade.

The Department of Industry and Trade shall organize the provincial-level review of the proposals through its supporting machinery or a Review Board established by the Director of the Department of Industry and Trade. After the review, the proposals will be compiled into Form No. 2 or Form No. 14 of Appendix 1 issued together with this Circular along with the proposal dossier or the National Industrial Promotion Plan Registration Form and sent to the Local Industry and Trade Bureau for central-level review; simultaneously, send the list of proposals and tasks to the People's Committee of the province for reporting;

b) For proposals and tasks registered by the National Industrial Promotion Centers in regions and implemented by other units across multiple provinces:

The National Industrial Promotion Centers in regions and relevant units shall review and evaluate the proposals and tasks according to the contents specified in Article 9 of this Circular. The evaluation results will be compiled and submitted together with the proposal dossier or the National Industrial Promotion Plan Registration Form (for model proposals) to the Local Industry and Trade Bureau for central-level review.

2. Central-level review

The Local Industry and Trade Bureau shall organize the central-level review of the proposals and tasks through its supporting machinery or a Review Board established by the Director of the Local Industry and Trade Bureau. The Director of the Local Industry and Trade Bureau may decide to invite experts and specialized staff to provide advice during the selection process. After the review, the proposals and tasks will be compiled into the National Industrial Promotion Plan.

9. Amend Clause 1, Clause 2, and add Clause 3 to Article 10 as follows:

"1. Registration of the National Industrial Promotion Plan

a) Units shall submit registration of the plan to the Department of Industry and Trade including the following documents:

- A letter requesting registration from the unit;

- A list of proposals and tasks for registration of the National Industrial Promotion Plan.

b) The Department of Industry and Trade shall compile, select, and submit the report on the registration of the National Industrial Promotion Plan according to Clause 1 of Article 6 of this Circular to the Local Industry and Trade Bureau before June 20 each year.

2. Dossier for provincial-level review

Units shall submit two sets of proposal dossiers that have been registered or the National Industrial Promotion Plan Registration Form (for model proposals) to the Department of Industry and Trade for provincial-level review.

The proposal dossier includes: The proposal prepared according to Article 5 of this Circular; a request for support from the beneficiary unit (if the implementing unit of the proposal is not the same as the beneficiary unit). Some types of proposals must include additional documents as specified in Appendix 2 issued together with this Circular.

3. Dossier for central-level review

Localities, units, and National Industrial Promotion Centers in regions shall submit one set of proposal dossiers that have been registered or the National Industrial Promotion Plan Registration Form (for model proposals) to the Local Industry and Trade Bureau before September 30 each year (or as directed by the Local Industry and Trade Bureau) for central-level review. The proposal dossier includes:

- The National Industrial Promotion Proposal;

- The provincial-level review form (Form No. 4a or 4b of Appendix 1 issued together with this Circular);

- Some types of proposals must include additional documents as specified in Appendix 2 issued together with this Circular.

10. Amend and supplement Point a of Clause 2 of Article 11 as follows:

"a) The Local Industry and Trade Bureau shall submit to the Minister of Industry and Trade for approval any requests for adjustment: Increase in total financial support; change in the content of industrial promotion activities; extension of the implementation period of the proposal to the next year; addition or cessation of the proposal to adjust financial support among implementing units in the budget year;"

11. Amend and supplement Clause 4 of Article 11 as follows:

"4. For group proposals reviewed and registered by the Department of Industry and Trade (excluding group proposals supporting the application of advanced machinery in industrial production), when adjustments are made to the location, cooperating unit, or beneficiary unit, the Department of Industry and Trade shall be responsible for checking, reviewing, and adjusting the implementation plan, and simultaneously submit the adjustment document to the Local Industry and Trade Bureau for monitoring, advance payment, and settlement."

12. Amend and supplement Clause 1 and Clause 6 of Article 12 as follows:

"1. Advance payment, settlement, and finalization of national industrial promotion funds apply to units implementing proposals and tasks of certain national industrial promotion activities (Party B) through contracts signed with the Local Industry and Trade Bureau according to the approved National Industrial Promotion Plan by the Minister of Industry and Trade. For proposals and tasks assigned to budgetary units under the Ministry of Industry and Trade, the Financial Department and Enterprise Reform Department shall conduct budget reviews and approve final settlements according to current regulations."

"6. The implementing unit of the proposal must return to the Local Industry and Trade Bureau to pay into the state budget for any portion of the received funds that cannot be settled due to lack of work volume, or any expenses incurred but not settled according to the prescribed regulations."

13. Amend Point a Clause 1 and Points b, c, d Clause 2 Article 13 as follows:

"1. Provisionally allocate 30% of the support funding for the project

"2. Provisionally allocate 70% of the support funding for the project

b) For projects supporting activities: Consulting, training, seminars, workshops, forums; site visits; trademark registration; support for product promotion exhibitions at rural industrial facilities; establishment of associations and industry groups; construction of business clusters; assessment of cleaner production.

Application documents for provisional allocation: Project implementation contract; project implementation plan of the implementing unit (for training, seminars, workshops, site visits; trademark registration activities);

c) For projects supporting: Trade fairs and exhibitions; support for rural industrial facilities to participate in trade fairs and exhibitions; construction of television and radio programs; construction of databases and information websites; printing brochures; other forms of mass media communication; detailed planning of industrial clusters.

Application documents for provisional allocation: Project implementation contract; support contract between the implementing unit and the investor (for projects supporting detailed planning of industrial clusters);

d) For projects supporting: Establishment of technical demonstration models for industrial and small-scale industrial production; application of advanced machinery and equipment, production technology chains into industrial and small-scale industrial production; models applying cleaner production; repair and upgrade of environmental pollution treatment systems at rural industrial facilities.

Application documents for provisional allocation: Project implementation contract, progress report of the implementing unit confirming the value of work completed corresponding to 70% of the total investment capital of the project."

14. Repeal Clause 3 Article 13.

15. Amend Clause 13 and supplement Clause 16 into Article 14 as follows:

"13. Projects supporting detailed planning of industrial clusters: Decision approving detailed planning by the competent authority; Contract, acceptance and settlement contract corresponding to 100% of the actual implementation funding."

"16. For projects supporting the establishment of rural industrial production enterprises: Make a single payment after the project is completed; payment documents include: Project implementation contract; acceptance certificate according to Model 5b of Appendix 1 issued together with this Circular; comprehensive report on project implementation results; report on completed volume and contract funding according to Model 3b of Appendix 1 issued together with this Circular; certified copy of the Enterprise Registration Certificate issued by the competent authority."

16. Amend the title of Article 15 and the title of Clause 2 Article 15 as follows:

"Article 15. Provisional allocation for multi-year projects and pilot projects"

"2. Pilot projects and other projects"

17. Amend Point a, Point c Clause 2 and supplement Clause 7 into Article 21 as follows:

"2. For projects and tasks reviewed by the Department of Industry and Trade at the grassroots level:

a) The Department of Industry and Trade reviews and approves the implementation plans for group projects and pilot projects. For pilot projects, in addition to reviewing the entire phase of the project at the grassroots level, the Department of Industry and Trade reviews the promotional activities content annually; inspects and accepts each content within the project; directs the implementing unit to prepare reports on the results of promotional activities annually and a final evaluation report after the project ends. Business registration certificates, financial statements, and other related documents for review purposes are kept at the Department of Industry and Trade;

c) For some types of projects and tasks implemented under the Law on Public Procurement: After receiving the decision on the national promotion plan from the Minister of Industry and Trade, based on local management levels, the Department of Industry and Trade takes the lead, coordinating with relevant units to submit to the competent authority or direct the project implementing unit to organize the selection of contractors according to regulations and send the Decision approving the selection results to the Provincial Department of Industry and Trade as the basis for signing the national promotion contract."

"7. For projects on cleaner production: In addition to the basic acceptance procedures stipulated in this Circular, the Department of Industry and Trade establishes an Evaluation Committee consisting of at least five members, chaired by the Department's leadership, with the remaining members being specialized staff from various departments and experts in cleaner production evaluation. The Committee is responsible for convening meetings, examining results, and preparing evaluation minutes."

18. Amend Point a Clause 4 Article 23 as follows:

"a) Implementing units must submit monthly progress reports on projects according to Model 3a of Appendix 1 issued together with this Circular to the Provincial Department of Industry and Trade and the Department of Industry and Trade before the 25th of each month. Progress reports related to provisional funding requests must be verified and confirmed by the Department of Industry and Trade where the project is being implemented."

19. Replace, supplement, and abolish some forms in the Appendices as follows:

a) Replace Models 2, 4a, 4b, 5b, 6, and 10 of Appendix 1 and Appendix 4 issued together with Circular No. 36/2013/TT-BCT with the corresponding models and appendices issued together with this Circular;

b) Supplement Models 14, 15, 16, and 17 into Appendix 1 issued together with Circular No. 36/2013/TT-BCT as per the Appendix issued together with this Circular;

c) Abolish Model 9 of Appendix 1 issued together with Circular No. 36/2013/TT-BCT.

Article 2. Changes in Terminology

Replace the phrase "Local Industry Bureau" with the phrase "Local Industry and Trade Bureau" in the basis for issuance; Clause 2, Article 3; Clause 1, Clause 2, Clause 3, Clause 4, Article 6; Point a, Point b, Clause 1, Clause 2, Clause 3, Article 8; Point a, Point b, Clause 2, Article 10; Clause 1, Point a, Point b, Clause 2, Clause 3, Clause 4, Article 11; Clause 1, Clause 5, Clause 6, Article 12; Article 14; Clause 1, Clause 2, Article 16; Clause 2, Clause 3, Clause 4, Article 18; Clause 1, Clause 2, Article 19; title, Clause 2, Clause 4, Article 20; Point b, Point c, Clause 2, Clause 3, Clause 5, Article 21; Clause 2, Article 22; Clause 3, Point a, Clause 4, Clause 6, Article 23 and the Forms attached to Circular No. 36/2013/TT-BCT.

Article 3. Effectiveness and Implementation

1. This Circular takes effect from August 23, 2018.

2. In cases where the legal normative documents cited for application in Circular No. 36/2013/TT-BCT and this Circular are amended, supplemented, or replaced by new documents, they shall be applied according to those new documents.

3. During the implementation process, if there are any difficulties, organizations and individuals are requested to promptly report to the Ministry of Industry and Trade (through the Local Industry and Trade Bureau) for guidance and resolution./.