Circular No. 20/2017/TT-BCT amends and supplements certain articles of Circular No. 46/2012/TT-BCT dated December 28, 2012 of the Ministry of Industry and Trade detailing certain contents of Decree No. 45/2012/NĐ-CP dated May 21, 2012 of the Government on promoting industry.

CIRCULAR

Amending and supplementing some articles of Circular No. 46/2012/TT-BCT
dated December 28, 2012 of the Ministry of Industry and Trade detailing certain provisions of Decree No. 45/2012/NĐ-CP dated May 21, 2012 of the Government on promoting industry
       Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;
       Pursuant to Decree No. 45/2012/NĐ-CP dated May 21, 2012 of the Government on promoting industry;

       At the proposal of the Director of the Department of Local Industry and Trade;

       The Minister of Industry and Trade issues this Circular amending and supplementing some articles of Circular No. 46/2012/TT-BCT dated December 28, 2012 of the Ministry of Industry and Trade detailing certain provisions of Decree No. 45/2012/NĐ-CP dated May 21, 2012 of the Government on promoting industry.

Article 1. Amending and supplementing some articles of Circular No. 46/2012/TT-BCT dated December 28, 2012 of the Ministry of Industry and Trade detailing certain provisions of Decree No. 45/2012/NĐ-CP dated May 21, 2012 of the Government on promoting industry

1. Amend Point c, Clause 1, Article 3 as follows:

"c) Business households as prescribed in Decree No. 78/2015/NĐ-CP dated September 14, 2015 of the Government on business registration."

2. Amend Clause 2, Article 4 as follows:

"2. Support for building demonstration models of technology, including: support for rural industrial establishments to build models to disseminate new technologies or new products and support for rural industrial establishments that are operating effectively to build models to disseminate, promote, and expand.

a) Building models to disseminate new technologies or new products:

- For national industrial promotion programs, consider supporting the construction of one model applying new technology and one model producing new products not yet applied or produced by any establishment in the district. For districts under priority areas as defined in Clause 1, Article 6 of Circular No. 46/2012/TT-BCT dated December 28, 2012 of the Ministry of Industry and Trade detailing certain provisions of Decree No. 45/2012/NĐ-CP dated May 21, 2012 of the Government on promoting industry, two models can be supported for the same dissemination of new technology or new product, but the second model must not be located in the same commune as the first model.

For local industrial promotion programs, based on actual conditions, the People's Committee of the province shall determine the number of demonstration models to disseminate new technologies or new products to be supported for construction within its territory.

- The new technology selected for building demonstration models must improve productivity, product quality, and environmental protection compared to the technology currently being used by rural industrial establishments in the area, as decided by the competent authority managing the industrial promotion program.

b) Building models to disseminate, promote, and expand rural industrial establishments that are operating effectively:

For rural industrial establishments that are operating effectively, when selecting support for building demonstration models to disseminate, promote, and expand, they must be exemplary in economic, social benefits, and environmental protection, as decided by the competent authority managing the industrial promotion program."

3. Amend Clause 4, Article 4 as follows:

"4. For activities supporting the application of advanced machinery in industrial production - small-scale industry must meet the following conditions:

- Advanced machinery supported for application includes new machines, equipment, and production lines. Specifically, for production lines supported for application, they must also ensure to be systems of machines, equipment, tools, and means arranged and installed according to process diagrams, operating synchronously to produce products.

- Applied in production stages and pollution treatment to enhance productivity, product quality, raw material, fuel, and material efficiency, reduce environmental pollution compared to the machinery, equipment, and production lines currently used by the production establishment or create new products."

4. Amend Clause 2, Article 5 as follows:

"2. For mineral exploitation and processing in areas with difficult socio-economic conditions and extremely difficult conditions, as defined in Decree No. 118/2015/NĐ-CP dated November 12, 2015 of the Government detailing and guiding the implementation of certain provisions of the Investment Law."

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

"b) Poor districts as defined in Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to rapidly and sustainably reduce poverty in 61 poor districts; Decision No. 1791/QĐ-TTg dated October 1, 2013 of the Prime Minister on supplementing Nam Nhun District, Lai Chau Province; and Napo District, Dien Bien Province into the list of poor districts eligible for support mechanisms and policies under Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to rapidly and sustainably reduce poverty in 62 poor districts."

6. Amend Point d, Clause 1, Article 6 as follows:

"d) Areas with difficult socio-economic conditions and extremely difficult conditions as defined in Decree No. 118/2015/NĐ-CP dated November 12, 2015 of the Government detailing and guiding the implementation of certain provisions of the Investment Law."

7. Amend Point d, Clause 2, Article 6 as follows:

"d) For supporting industries: apply to production establishments producing products listed in the priority development catalog of supporting industries as prescribed in Decree No. 111/2015/NĐ-CP dated November 3, 2015 of the Government on developing supporting industries."

8. Amend Point a, Clause 1, Article 9 as follows:

"a) Summarize reports on the operation of national and local industrial promotion programs within the territory according to Circular No. 41/2016/TT-BCT dated December 30, 2016 of the Ministry of Industry and Trade on regulations for reporting and statistics applicable to provincial Departments of Industry and Trade."

1. This Circular takes effect from November 16, 2017

"a) Compile the report on the situation of national and local craft promotion activities within the jurisdiction in accordance with Circular No. 41/2016/TT-BCT dated December 30, 2016, of the Ministry of Industry and Trade regarding the reporting and statistical system applicable to the Departments of Industry and Trade of provinces and centrally governed cities."

Article 2. Effectiveness and Implementation

1. This Circular takes effect from November 16, 2017.

2. In case the regulatory legal documents cited for application in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replacement documents.

3. During implementation, if there are difficulties in applying this Circular, organizations and individuals shall promptly reflect such issues to the Ministry of Industry and Trade (Local Industry and Trade Department) for guidance.