Circular No. 26/2014/TT-BCT on organizing the selection of outstanding rural industrial products

CIRCULAR

Regulations on organizing the selection of outstanding rural industrial products

outstanding rural industrial sector

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the 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 industrial promotion;

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

The Minister of Industry and Trade issues this Circular to regulate the organization of selecting outstanding rural industrial products, as follows:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the procedures and formalities for organizing the selection of outstanding rural industrial products and the rights and responsibilities of organizations and individuals whose products are granted certificates of outstanding rural industrial products.

Article 2. This Circular applies to rural industrial establishments as defined in Point a, Clause 2, Article 1 of Decree No. 45/2012/NĐ-CP dated May 21, 2012 of the Government on promoting rural industry; and relevant agencies, organizations, and individuals involved in organizing the selection of outstanding rural industrial products.

Article 3. Purpose of Selection

The purpose of selecting outstanding rural industrial products is to identify and honor products with high quality, high utility value, potential for production development, market expansion, meeting consumer preferences both domestically and internationally, thereby facilitating plans to support production development and trade promotion, contributing to the advancement of rural industry.

Article 3. Explanation of Terms

Some terms in this Circular are understood as follows:

1. Level of product selection, including:

b) Provincial level Provincial level: This is the level of selection conducted within the scope of provinces, centrally-administered cities, organized by the People's Committee of the province, centrally-administered city (hereinafter referred to collectively as the People's Committee at the provincial level), in collaboration with related units.

c) Regional level This is the level of selection conducted within the scope of each region, organized by the Department of Local Industry - Ministry of Industry and Trade, in collaboration with related units.

Regions in this Circular are divided into three regions as follows:

- Northern Region, comprising 28 provinces and cities: Ha Tinh, Nghe An, Thanh Hoa, Ninh Binh, Thai Binh, Nam Dinh, Ha Nam, Hung Yen, Hai Duong, Hai Phong, Quang Ninh, Hanoi, Vinh Phuc, Bac Ninh, Bac Giang, Phu Tho, Yen Bai, Lao Cai, Cao Bang, Ha Giang, Lang Son, Thai Nguyen, Bac Kan, Tuyen Quang, Hoa Binh, Son La, Dien Bien, Lai Chau;

- Central and Western Highlands Region, comprising 15 provinces and cities: Quang Binh, Quang Tri, Thua Thien Hue, Da Nang, Quang Nam, Quang Ngai, Binh Dinh, Phu Yen, Khanh Hoa, Ninh Thuan, Dak Lak, Dak Nong, Gia Lai, Kon Tum, Lam Dong;

- Southern Region, comprising 20 provinces and cities: Binh Duong, Dong Nai, Ba Ria-Vung Tau, Tay Ninh, Binh Phuoc, Binh Thuan, Ho Chi Minh City, Long An, Tien Giang, Ben Tre, Tra Vinh, Vinh Long, Dong Thap, Can Tho, Hau Giang, Soc Trang, Kien Giang, An Giang, Bac Lieu, Ca Mau.

d. National level National level

2. This is the level of selection conducted nationwide, organized by the Ministry of Industry and Trade, in collaboration with related units. Product set

This is a collection of products produced by the same rural industrial establishment, falling into one of the following cases:

a) Products with the same design and function, produced from various types of raw materials and materials;

b) Products with different designs but similar functions, produced from the same type of raw material and material;

Article 4. Products participating in the selection

c) Different products that can be combined together to enhance their utility.

Article 4. Products participating in the selection may be a single product or a set of products (hereinafter referred to collectively as the product).

Article 5. Products participating in the selection must be industrial or small-scale industrial products produced by the rural industrial establishment itself and registered to participate in the selection.

Article 6. Products participating in the selection must not be copies; the production of such products must not violate regulations on intellectual property rights, industrial property rights, and other related standards and technical regulations concerning quality, labor safety and hygiene, food safety, and environmental protection.

Article 5. Classification of Products Participating in the Selection Process

Products participating in the selection process are classified into the following groups:

1. Handicraft products group.

2. Processed agricultural, forestry, aquatic, and food products group.

3. Group of products related to equipment, machinery, tools, and mechanical spare parts.

4. Other product groups.

Article 6. Principles for Organizing and Participating in the Selection Process

1. The organization of the selection process for outstanding rural industrial products shall be conducted openly, transparently, and in compliance with legal regulations.

3. A rural industrial establishment may register to participate in the selection process for one or more products. A product may register to participate in multiple selection periods.

4. Rural industrial establishments submit products for the selection process on a voluntary basis and bear full responsibility under the law for the accuracy and truthfulness of information related to their products.

Article 7. Criteria for Selection

1. The selection of outstanding rural industrial products is evaluated based on the following basic criteria:

a) Criteria regarding market demand satisfaction and production development capacity;

b) Economic-technical-social and environmental criteria;

c) Cultural and aesthetic criteria;

d) Other criteria.

2. Detailed selection criteria and scoring sheets for outstanding rural industrial products are stipulated in Appendix 3 and 4 attached hereto.

Chapter II
SELECTION COUNCIL AND SUPERVISORY BOARD

Article 8. Selection Council

1. The Selection Council for Outstanding Rural Industrial Products (hereinafter referred to as the Selection Council) at each level is established as follows:

b) The Selection Council at the provincial level is established by the Chairman of the People's Committee of the province;

c) The Selection Council at the regional level is established by the Director of the Local Industry Department;

d) The Selection Council at the national level is established by the Minister of Industry and Trade.

2. Members of the Selection Council operate on a part-time basis. The supplementation or replacement of members of the Selection Council is decided by the authority that establishes the Selection Council at the same level.

Article 9. Structure and Composition of the Selection Council

1. The Selection Council at the district level consists of five or seven members, including:

c) Other members of the Council are representatives of relevant units and organizations; scientists, experts, and professionals with expertise and experience in fields and industries related to the products registered for participation in the selection process.

2. The Selection Council at the provincial level consists of seven or nine members, including:

a) The Chairperson of the Council is a representative of the leadership of the People's Committee of the province;

b) The Vice-Chairperson in charge of the Council is a representative of the leadership of the Department of Industry and Trade; other Vice-Chairpersons are appointed by the Chairman of the People's Committee of the province;

c) Other members of the Council are representatives of relevant units and organizations; scientists, experts, and professionals with expertise and experience in fields and industries related to the products registered for participation in the selection process.

3. The Selection Council at the regional level consists of nine or eleven members, including:

a) The Chairperson of the Council is a representative of the leadership of the Local Industry Department;

b) The Vice-Chairperson in charge of the Council is a representative of the leadership of the Department of Industry and Trade where the selection takes place; other Vice-Chairpersons are appointed by the Director of the Local Industry Department;

c) Other members of the Council are representatives of relevant units and organizations; scientists, experts, and professionals with expertise and experience in fields and industries related to the products registered for participation in the selection process.

4. The Selection Council at the national level consists of eleven or thirteen members, including:

a) The Chairperson of the Council is a representative of the leadership of the Ministry of Industry and Trade;

b) The Vice-Chairperson of the Council is a representative of the leadership of the Local Industry Department and a representative of the leadership of the People's Committee or the Department of Industry and Trade of the province or city where the selection takes place;

c) Other members of the Council are representatives of relevant units and organizations; scientists, experts, and professionals with expertise and experience in fields and industries related to the products registered for participation in the selection process.

Article 10. Duties of the Selection Council

1. The Selection Council shall be responsible for guiding rural industrial establishments to prepare registration files for selection; establishing the Jury Board and the Technical Assistance Team; organizing the selection process; submitting the results of the selection to the competent authority for approval; deciding on recognition and issuing the Certificate of Outstanding Rural Industrial Product (hereinafter referred to as the Certificate).

3. The Selection Council shall be responsible for resolving difficulties; handling complaints and appeals related to the selection results conducted by that council.

Article 11. The Jury Board

1. The Jury Board shall be established by the Chairperson of the Selection Council at each level to assist the Selection Council in evaluating and selecting outstanding rural industrial products. The Jury Board shall be accountable to the Selection Council for the selection results.

2. The Jury Board shall consist of the Chairman, Deputy Chairman, and members. The number of members of the Jury Board shall be odd. Members of the Jury Board shall be scientists, experts, managers, and professionals with expertise and experience in fields and industries related to the groups of products participating in the selection. Members of the Jury Board may also be members of the Selection Council.

3. The Jury Board shall be responsible for studying the files, products, and organizing the selection according to the principles and criteria stipulated in this Circular. The Jury Board shall operate based on transparency and majority decision-making.

Chapter III
REGISTRATION FILE FOR PARTICIPATION IN SELECTION

Article 12. Registration File for Selection

Rural industrial establishments, agencies, and units when registering to participate in the selection shall prepare one set of files and submit them to the Selection Council. The specific contents of the file are as follows:

a) Application form for participation in the product selection of rural industrial establishments (in accordance with Appendix No. 1 of this Circular), accompanied by a valid copy of the Business Registration Certificate of the rural industrial establishment;

b) Description of the product (in accordance with Appendix No. 2 of this Circular), accompanied by three color photos, minimum size (10 x 15) cm of the product taken from three different angles (front view, side view, top view);

c) Valid copies of other relevant documents related to the product (if any), such as certificates and certifications regarding the quality standards of the product; food safety certificates; awards and commendations for the product, and other related documents.

2. Registration file for provincial-level selection:

a) Registration file for participation in the selection as prescribed in Clause 1 of this Article;

b) A valid copy of the Certificate of Outstanding Rural Industrial Product at the district level still in effect;

c) A proposal letter from the People's Committee of the district, accompanied by a list of products registered to participate in the provincial-level selection (in accordance with Appendix No. 5 of this Circular);

3. Registration file for regional-level selection:

a) Registration file for participation in the selection as prescribed in Clause 1 of this Article;

b) A valid copy of the Certificate of Outstanding Rural Industrial Product at the provincial level still in effect;

c) A proposal letter from the People's Committee of the province, accompanied by a list of products registered to participate in the regional-level selection (in accordance with Appendix No. 5 of this Circular).

4. Registration file for national-level selection:

a) Registration file for participation in the selection as prescribed in Clause 1 of this Article;

b) A valid copy of the Certificate of Outstanding Rural Industrial Product at the regional level still in effect;

c) A proposal letter from the Director of the Local Industry Department, accompanied by a list of products registered to participate in the national-level selection (in accordance with Appendix No. 5 of this Circular).

Article 13. Retention of Selection Files

The selection files for outstanding rural industrial products shall be retained as follows:

2. Selection files for outstanding rural industrial products at the regional and national levels shall be kept at the Local Industry Department.

Chapter IV
SELECTION ORGANIZATION AND ISSUANCE OF CERTIFICATES

Article 14. Location and Time of Selection Organization

a) At the district and provincial levels, the selection shall be organized every two years, usually in odd-numbered years. Other cases shall be handled according to the regulations of the competent authority;

b) Specific locations and times for organizing selections at the district and provincial levels shall be carried out in accordance with the guidance of the Selection Council at the district and provincial levels, consistent with the overall plan approved by the competent authority.

2. Location and time for organization at the regional and national levels:

a) At the regional and national levels, the selection shall be organized every two years, usually in even-numbered years. Other cases shall be handled according to the regulations of the Minister of Industry and Trade;

b) Specific locations and times for organizing selections at the regional and national levels shall follow the guidance of the Selection Council at the regional and national levels, consistent with the national promotion of industry plan approved by the Minister of Industry and Trade.

Article 15. Location and Time for Receiving Files and Products

1. The location and time for receiving registration files and products for participation in the selection shall be implemented according to the regulations and guidance of the Selection Council at various levels.

2. In special cases (products with dimensions, weights that are too large or have unique characteristics unsuitable for transportation and storage), if rural industrial establishments participating in the selection cannot send their products to the designated location, the Chairman of the Selection Council will consider and decide on the evaluation method for such products.

Article 16. Selection Organization

1. Based on the actual files and products registered for participation in the selection, the Head of the Evaluation Board may propose detailed scoring frameworks according to the contents of the four criteria stipulated in Appendix No. 3 of this Circular, to be decided by the Chairman of the Selection Council for the organization of the selection.

2. The Evaluation Board will conduct scoring according to the scoring form in Appendix No. 4 of this Circular, ensuring principles of independence, fairness, and objectivity. Each member is responsible for the results of their own assessment.

3. The Head of the Evaluation Board will prepare a record summarizing the selection results to be sent to the Selection Council.

Article 17. Recognition of Results and Issuance of Certificates

1. Products eligible for certificates must comply with the provisions of Articles 4 and 7 of this Circular; they must be scored by the Evaluation Board with an average score of 70 points or higher. The structure and quantity of products eligible for certificates shall be decided by the Selection Council.

3. The certificate for outstanding rural industrial products is valid from the date of issuance until December 31 of the third year (counting from the year the establishment received the certificate).

Article 18. Organization of Awarding Certificates

1. The Selection Council shall organize the awarding of certificates to rural industrial establishments with recognized products.

2. The ceremony for awarding certificates must be organized solemnly and appropriately according to the conditions of each locality. The selection time for awarding certificates shall be decided by the Selection Council upon submission to the competent authority.

3. It is encouraged for event organizing units, industry associations, information and communication agencies, and businesses to participate and cooperate with the Selection Council in implementing promotional activities regarding the selection process, honoring, and promoting recognized products.

Article 19. Budget for Organizing Selections

2. The budget for organizing selections of outstanding rural industrial products at the regional and national levels shall be sourced from the national promotion fund, combined with other legitimate funding sources (if available). The level of support from the national promotion fund for organizing selections and issuing certificates for outstanding rural industrial products at the regional and national levels shall be in accordance with Point g, Clause 2, Article 6 of Circular Joint No. 26/2014/TTLT-BTC-BCT dated February 18, 2014, issued by the Ministry of Finance and the Ministry of Industry and Trade guiding the procedures for establishing, managing, and using the national promotion fund and local promotion funds.

Article 20. Handling Complaints and Revoking Certificates

1. The complaint period against the selection results is 15 (fifteen) working days from the date of announcement of the results of the selection of outstanding rural industrial products.

2. The Selection Council is responsible for resolving complaints related to the selection results within 10 (ten) working days from the date of receipt of the complaint.

3. In cases where a rural industrial establishment with a recognized product violates laws and regulations stipulated in this Circular, depending on the severity of the violation, the Selection Council may submit to the competent authority for handling or revocation of the certificate for outstanding rural industrial products.

Chapter V
RIGHTS AND OBLIGATIONS OF RURAL INDUSTRIAL ESTABLISHMENTS WITH AWARDED CERTIFICATES

A RURAL AREA WITH PRODUCTS THAT HAVE BEEN ISSUED A CERTIFICATE

Article 21. Rights

During the validity period of the certificate, the rural industrial establishment shall enjoy the following rights:

1. Permission to print or affix the logo of the selection program for outstanding rural industrial products on the product or packaging of the recognized product.

2. To receive cash awards from the promotion fund and other legitimate funding sources (if available).

a) The amount of cash award from the national promotion fund for rural industrial establishments with recognized products that are outstanding rural industrial products at the regional and national levels shall be in accordance with Point g, Clause 2, Article 6 of Circular Joint No. 26/2014/TTLT/BTC-BCT;

3. Priority consideration for support from the national promotion fund and local promotion funds to develop the product in accordance with Clause 2, Article 6 of Decree No. 45/2012/NĐ-CP dated May 21, 2012, of the Government on promotion of rural industries and related documents.

4. Access to advisory services and policies for investment incentives provided by the State for the development of outstanding rural industrial products in accordance with regulations.

5. Publication of product introduction information on local and central media outlets, specifically:

a) At the local level: Information about the product can be published on local media such as: Local Industry and Trade News; the website of the Department of Industry and Trade, the Promotion Center, and other local media outlets in accordance with regulations;

b) At the central level: Rural industrial establishments with recognized products that are outstanding rural industrial products at the regional and national levels can have their product introduction information published on media such as: Promotion News, the website of the Local Industry Bureau, the Ministry of Industry and Trade, and other media outlets in accordance with regulations.

Article 22. Responsibilities

Within the validity period of the Certificate, the rural industrial base with products awarded the Certificate shall be responsible for:

1. Producing and developing the recognized products according to the quality standards committed to in the application for participation in the selection process.

3. Cooperating with relevant agencies and units to prepare documents in accordance with regulations to obtain support from industrial promotion, other sources of funding, and additional state incentives for product development investment.

4. Cooperating with the Selection Council to resolve complaints related to the selection results of the base's products (if any).

Chapter VI
IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 23. Responsibilities for Implementation

1. Responsibilities of the Department of Local Industry, Ministry of Industry and Trade

a) The Department of Local Industry is the permanent agency assisting the Ministry of Industry and Trade in guiding the implementation of this Circular;

b) Developing plans to organize the selection of outstanding rural industrial products at the regional and national levels, submitting them to the Minister of Industry and Trade for approval and organizing their implementation;

c) Deciding to establish or requesting the Minister of Industry and Trade to establish the Selection Council and approving decisions recognizing outstanding rural industrial products at the regional and national levels in accordance with Articles 8, 9, and 10 of this Circular;

d) Periodically compiling reports to the Minister of Industry and Trade on the results of the selection and support for the development of outstanding rural industrial products nationwide.

2. Responsibilities of the Departments of Industry and Trade of provinces and centrally-administered cities

a) The Department of Industry and Trade is the agency assisting the provincial People's Committee in guiding the implementation of this Circular within the local administrative area;

c) Submitting requests to the Chairman of the provincial People's Committee to establish the Selection Council for outstanding rural industrial products at the provincial level;

d) Guiding rural industrial bases with products awarded Certificates to prepare proposals for industrial promotion projects to be approved by competent authorities to support product development;

e) Guiding the Industrial Promotion Centers and units under the Department of Industry and Trade to advise and assist rural industrial bases with products awarded Certificates to access capital sources and other state incentive policies to invest in product development;

3. Responsibilities of the People's Committees of districts;

c) Promoting and encouraging rural industrial bases in the locality to register for participation in the selection of outstanding rural industrial products at various levels;

e) Developing plans for the development of outstanding rural industrial products in the locality. Guiding, supporting, and creating conditions for rural industrial bases with outstanding rural industrial products to benefit from industrial promotion funds, access to capital sources, and other state incentive policies to invest in production development;

g) Annually or periodically reporting to the Department of Industry and Trade on the results of the selection; the results of support from state policies and the business production situation of bases with recognized products in the locality.

Article 24. Inspection, Supervision, and Other Local Provisions

1. The Provincial Industry Bureau and the Department of Industry and Trade shall be responsible for coordinating with relevant agencies to periodically and randomly supervise and inspect the implementation of this Circular.

2. Based on the provisions of this Circular, the People's Committee of the province may issue regulations detailing the organization of selecting outstanding rural industrial products in accordance with local actual conditions.

Article 25. Effective Date

1. This Circular takes effect from October 21, 2014, and replaces Circular No. 35/2010/TT-BCT dated November 12, 2010, issued by the Minister of Industry and Trade regarding the organization of selecting outstanding rural industrial products.

2. Any difficulties encountered during implementation should be reported to the Ministry of Industry and Trade for review and appropriate adjustment and supplementation./.