Decision No. 279/2005/QĐ-TTg On the issuance of the Regulation on the construction and implementation of the National Trade Promotion Program for the period 2006-2010

DECISION OF THE PRIME MINISTER

Regarding the issuance of the Regulations on the construction and implementation

of the National Trade Promotion Program for the period 2006-2010

_______________________

 

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Government Resolutions No. 05/2001/NQ-CP dated May 24, 2001 and No. 05/2002/NQ-CP dated April 24, 2002;

Considering the proposal of the Minister of Trade,

DECISION:

Article 1. The accompanying Decision hereby promulgates the Regulations on the construction and implementation of the National Trade Promotion Program for the period 2006-2010.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette. All previous regulations concerning the National Trade Promotion Program that conflict with the provisions of these Regulations issued together with this Decision are hereby repealed.

Article 3. The Ministers of the Ministries of Commerce, Finance, and the Heads of Ministries, agencies at the ministerial level, and Heads of government agencies are responsible for implementing this Decision./.

 

REGULATIONS

CONSTRUCTION AND IMPLEMENTATION OF THE

NATIONAL TRADE PROMOTION PROGRAM FOR THE PERIOD 2006-2010

(Issued together with Decision No. 279/2005/QĐ-TTg dated November 3, 2005 of the Prime Minister)

PART I

GENERAL PROVISIONS

Article 1. The National Trade Promotion Program

1. The National Trade Promotion Program is a trade promotion program developed according to market orientation and export commodity categories of the Export Strategy for the period 2006-2010 and supported financially by the State for its implementation.

2. The objectives of the National Trade Promotion Program are to enhance trade promotion activities, develop export markets; create initial conditions for building material facilities serving trade promotion activities; contribute to improving business capabilities of enterprises; link trade promotion, investment promotion, and tourism promotion activities.

3. Except for the provisions stipulated in Points 8 and 10 of Clause 9 of this Regulation, the Prime Minister authorizes the Minister of Commerce to compile, approve, and organize the annual implementation of the National Trade Promotion Program based on the provisions of this Regulation and current laws governing trade promotion management.

Article 2. Scope of Regulation

These Regulations specify the procedures for constructing and supporting the implementation of the National Trade Promotion Program for the period 2006-2010 (hereinafter referred to as the Program).

Article 3. Applicability

This Regulation applies to:

1. Enterprises established under current laws, with trade promotion proposals participating in the Program, are constructed, reviewed, and supported for implementation in accordance with the provisions of this Regulation.

2. The entities primarily responsible for the Program include: governmental trade promotion organizations under Ministries and agencies at the ministerial level; non-governmental organizations: industry associations, Vietnam Chamber of Commerce and Industry, Vietnam Federation of Trade Unions, Vietnam Young Entrepreneurs Association; industry holding companies (in cases where there is no industry association).

Article 4. Requirements for the Program

1. To expand markets and promote exports in line with the export development direction of each commodity category and the export strategy for the period 2006-2010.

2. To be consistent with the content of the Program supported as stipulated in Article 9 of Chapter II of this Regulation.

3. Feasible and reasonable in terms of implementation methods; time frame and progress; human resources, financial, and technical infrastructure.

Article 5. The Leading Unit of the Program

1. The Leading Unit of the Program is the organizations specified in Clause 2, Article 3 of this Regulation; it is responsible for building, leading the implementation of the Program, and receiving financial support according to this Regulation.

2. The Leading Unit of the Program must meet the following conditions:

a) Having legal personality;

b) Having sufficient capacity to organize the implementation of the Program;

c) Implementing the Program with the aim of benefiting the business community, not for profit purposes.

Article 6. Units Participating in the Implementation of the Program

Units participating in the implementation of the Program are enterprises belonging to all economic sectors mentioned in Clause 1, Article 3 of this Regulation, directly implementing the contents of the Program's projects and enjoying financial support according to this Regulation.

Article 7. Financial Support for the Implementation of the Program

The State provides financial support for the implementation of the Program based on the principle that:

1. The Program's financial resources are contributed by participating enterprises, with partial support from the State through the Leading Unit of the Program.

2. Both Leading Units and participating units in the Program must ensure the economical and effective use of funds and be responsible for expenditures in accordance with current financial regulations.

3. The financial resources to support the implementation of the Program's contents are sourced from the Export Promotion Fund established pursuant to Decision No. 195/1999/QĐ-TTg dated September 27, 1999, of the Prime Minister.

Article 8. Trade Promotion Activities Through Trade Promotion Organizations Under Provincial People's Committees

1. Enterprises under provincial people's committees, in addition to participating in the national trade promotion program through the Leading Units of the Program stipulated in this Regulation, also have the right to participate in trade promotion activities as prescribed and guided by the Chairman of the provincial people's committee, in line with local commercial conditions.

2. Provincial people's committees actively cooperate with the Ministry of Commerce to receive advice in developing trade promotion activities consistent with the contents of this Regulation and current laws governing trade promotion management.

3. The financial resources to support these trade promotion activities are sourced from the Trade Promotion Fund established by provinces and cities based on local budgets using surplus revenues and other legitimate financial sources, as stated in Resolution No. 05/2002/NQ-CP dated April 24, 2002, of the Government.

The Ministry of Finance guides provinces and cities in establishing this Fund.

Chapter II

CONTENTS OF THE PROGRAM TO BE SUPPORTED AND LEVEL OF SUPPORT

Article 9. Contents of the Program to Be Supported

The contents (export promotion projects) of the Program to be supported include:

1. Commercial information and export publicity, including organizing foreign media representatives to visit Vietnam to write articles promoting Vietnam's exports.

2. Hiring domestic and international experts to advise on export development and design product models to improve the quality of goods and services.

3. Training to enhance export business capabilities and skills both domestically and internationally. For overseas training courses, priority is given to supporting participation in specialized training programs not exceeding three months to develop new products.

4. Organizing and participating in trade fairs and exhibitions

a) Organizing or participating in trade fairs and exhibitions abroad

- For multi-sector trade fairs, there must be at least 15 standard booths (3m x 3m) or 12 participating enterprises;

- For specialized trade fairs, there must be at least 7 standard booths or 5 participating enterprises.

b) Organizing domestic export trade fairs and exhibitions

- For trade fairs and exhibitions in centrally-administered cities, there must be at least 200 standard booths or 150 participating enterprises;

- For trade fairs and exhibitions in other regions, there must be at least 150 standard booths or 120 participating enterprises. For trade fairs and exhibitions in border areas with neighboring countries, the minimum scale is 100 standard booths or 80 participating enterprises.

5. Organizing market survey and trade negotiation delegations abroad

a) For multi-sector delegations, there must be at least 15 participating enterprises;

b) For specialized delegations, there must be at least 7 participating enterprises.

6. Organizing comprehensive promotional activities (combining trade and investment, tourism) aimed at boosting Vietnam's exports and attracting foreign investment and tourists to Vietnam.

7. Promoting and supporting the penetration of foreign markets for brands of goods and services characteristic of the National Brand Program that have won the Prime Minister's Annual Export Award.

8. Building trade promotion infrastructure both domestically and internationally

a) Establishing overseas trade promotion centers;

b) Building domestic trade promotion centers.

9. Developing and applying electronic business processes; adopting data exchange standards in various industries.

10. Other trade promotion activities decided by the Prime Minister.

Article 10. Level of Support

1. Provide support at 50% of the costs for the contents stipulated in Clause 2, Clause 3, and Clause 6 of Article 9 of this Regulation.

2. Provide support for the contents stipulated in Clause 4 and Clause 5 of Article 9 of this Regulation, specifically as follows:

a) Provide support at 100% of the costs for booth space, overall exhibition area decoration costs, and seminar organization costs (if applicable) for the content stipulated in Point a of Clause 4 of Article 9 of this Regulation;

b) Provide support at 50% of the costs constituting the booth (including rental fees, construction, electricity and water services, sanitation, security, etc.) based on bidding prices or previous year's booth construction costs, and 100% of promotional and advertising costs for the content stipulated in Point b of Clause 4 of Article 9 of this Regulation;

c) Provide support at 100% of airfare costs, seminar organization costs, and business meeting costs for the content stipulated in Clause 5 of Article 9 of this Regulation;

d) Provide support for participation in trade fairs combined with foreign market surveys as follows: provide support according to Point a of Clause 2 of this Article for trade fair participation, and provide 100% travel costs from the trade fair location to survey locations as approved for foreign market surveys. In cases where enterprises do not register for booth space but only attend the trade fair and participate in surveys, they will be supported according to Point c of Clause 2 of this Article;

e) Provide support at 100% of the costs for staff of the main organizing unit implementing organizational, management, and guidance tasks for the contents stipulated in Clause 4 and Clause 5 of Article 9 of this Regulation, in accordance with regulations for state officials traveling abroad for short-term work funded by the budget. The number of people supported is as follows: support one person for delegations with fewer than eleven enterprises, two persons for delegations with eleven to twenty enterprises, three persons for delegations with twenty-one to forty enterprises, and four persons for delegations with forty-one or more enterprises.

3. Provide support at 70% of the costs for the contents stipulated in Clause 1, Clause 7, and Clause 9 of Article 9 of this Regulation, and between 50% and 70% of initial costs for the content stipulated in Clause 8 of Article 9 of this Regulation.

4. The Prime Minister shall consider and decide on the support for the content stipulated in Clause 8 of Article 9 of this Regulation based on the establishment and construction project proposal for trade promotion centers that have been approved by competent authorities in accordance with current laws on investment and basic construction, and the review document of the Ministry of Trade.

Article 11. The Ministry of Finance shall coordinate with the Ministry of Trade to establish standard cost levels for initial expenses to set up and build trade promotion centers as stipulated in Clause 3 of Article 10 of this Regulation and announce them.

Article 12. Procedures for Granting Support

After the Program is approved, based on the budget estimate and implementation schedule of the Program, the Ministry of Finance shall advance funds from the Export Support Fund to the main organizing unit of the Program for implementation.

The Ministry of Finance shall provide detailed guidance on procedures.

Article 13. Settlement of Support Funds

Annually, the main organizing unit of the Program shall be responsible for compiling all actual receipts and expenditures documentation in accordance with Article 10 of this Regulation and submitting a settlement report to the Ministry of Finance and participating enterprises.

Settlement shall be carried out in accordance with current financial regulations and guidance from the Ministry of Finance.

Article 14. Accounting for Support Funds

1. Units participating in implementing the Program's contents shall account for expenditures for the implementation of the Program in the cost price and circulation fees of enterprises.

2. The leading unit of the Program shall organize separate and complete accounting for all revenues and expenditures under the Program in accordance with the provisions of the law.

Chapter III

BUILDING AND REVIEWING THE PROGRAM

Article 15. Proposing and Accepting the Program

1. The leading unit of the Program shall submit the Program proposal according to the form prescribed by the Ministry of Commerce to the Ministry of Commerce and the Ministry of Finance.

2. Within no more than seven working days from the date of receipt of the Program proposal, the Ministry of Commerce shall be responsible for notifying in writing about the acceptance of the Program proposal to the leading units of the Program.

3. The Program for the following year shall be submitted before July 1st of the preceding year.

Article 16. Reviewing and Approving the Program

1. The Ministry of Commerce shall take the lead and coordinate with the Ministry of Finance and relevant agencies to establish and promulgate the Operation Regulation of the Program Review Board (hereinafter referred to as the Review Board); develop criteria for approving trade promotion projects of the Program.

The Review Board shall have the task of examining and evaluating the contents of trade promotion projects of the leading units of the Program, adjusting and compiling them into the National Trade Promotion Program annually according to requirements and goals; report to the Minister of Commerce for approval of the Program.

2. The Review Board includes:

- Chairman of the Review Board - leadership of the Ministry of Commerce.

- Members of the Review Board include representatives of the Ministry of Finance, the Ministry of Commerce, and relevant agencies.

3. Procedures and processes for review:

a) Within no more than forty-five working days from the date of confirming in writing the acceptance of the valid Program according to Clause 2, Article 15 of this Regulation, the Review Board shall conduct the review and invite the leading units of the Program and participating units when necessary to present the Program before the Review Board;

b) Within no more than twenty working days from the end of the Program review, the Chairman of the Review Board shall compile and report to the Minister of Commerce for consideration and approval of the Program.

4. The Ministry of Commerce shall publicly announce the contents of the approved Program.

Chapter IV

IMPLEMENTATION AND HANDLING OF VIOLATIONS

Article 17. Inspection and Supervision of Program Implementation

1. The Ministry of Commerce shall take the lead and coordinate with the Ministry of Finance and relevant agencies to inspect and supervise the implementation of the Program; ensure that the Program is implemented in accordance with requirements, goals, contents, and progress; ensure effectiveness and compliance with current laws.

2. The leading unit of the Program must provide complete documentation and information related to the Program and facilitate inspection and supervision in accordance with Clause 1 of this Article.

Article 18. Adjusting and Terminating the Program

1. In case there is a need to adjust the approved Program, the leading unit of the Program must submit a document to the Review Board and the Ministry of Commerce to report to the Minister of Commerce for consideration and decision.

2. In case violations in the implementation of the Program's requirements, goals, contents, and progress are discovered, or if it is deemed necessary to change the Program's contents, the Review Board shall report to the Minister of Commerce to decide on terminating or adjusting the Program.

Article 19. Report on the Implementation of the Program

1. The leading unit of the Program must submit a report on the implementation situation, assessment of the results of the Program, and recommendations (if any) to the Ministry of Commerce and the Ministry of Finance no later than November 1st each year and 15 days after completing the Program for Programs without previous reports; at the same time, notify participating units of related reports.

2. The Ministry of Commerce and the Ministry of Finance, within their functions, tasks, and authorities, are responsible for monitoring and summarizing the implementation of the Program; reporting to the Prime Minister on issues outside the provisions of the Regulation or exceeding authority.

Article 20. Handling Violations

1. Organizations and individuals who violate this Regulation shall be subject to handling according to current laws, depending on the severity of the violation.

2. The Appraisal Council will not consider and approve the Program of the following year for leading units of the Program that do not comply with the reporting and settlement regulations stipulated in this Regulation./.