Circular No. 35/2010/TT-BCT stipulates on organizing the selection of outstanding rural industrial products.

CIRCULAR

Regulations on organizing the selection of outstanding rural industrial products

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Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 134/2004/ND-CP dated June 9, 2004 of the Government encouraging the development of rural industry;

Pursuant to Decision No. 136/2007/QD-TTg dated August 20, 2007 of the Prime Minister approving the National Encouragement for Rural Industry Program until 2020;

The Ministry of Industry and Trade hereby stipulates regulations on organizing the selection of outstanding rural industrial products as follows:

PART I

GENERAL PROVISIONS

Article 1. Purpose, Selection Objectives, and Scope of Application

1. Organizing the selection of outstanding rural industrial products aims 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 promoting the development of rural industry.

2. The selection targets are industrial and small-scale handicraft products directly invested in production by rural industrial production establishments located in districts, towns, townships, and villages (collectively referred to as rural areas).

3. This Circular applies nationwide across five levels of selection, including village level, district level, provincial level, regional level, and national level.

Article 2. Interpretation of Terms

Some terms in this Circular are understood as follows:

1. Rural industrial production establishments are Small and Medium Enterprises established and operating under the Enterprise Law; Cooperatives established and operating under the Cooperative Law; Joint Ventures established and operating under Decree No. 151/2007/ND-CP dated October 10, 2007 of the Government on the organization and operation of Joint Ventures, and individual households registered under Decree No. 43/2010/ND-CP dated April 15, 2010 of the Government on enterprise registration, directly investing in industrial production in districts, towns, townships, and villages (including villages within cities).

2. Outstanding rural industrial products are those produced by rural industrial establishments, having high quality, high utility value, potential for production development, market expansion, meeting certain basic criteria regarding economy, technology, society; raw material usage; employment of labor, and environmental protection requirements.

3. In this Circular, the regional level is divided into three regions as follows:

a) 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, Quang Ninh, Vinh Phuc, Bac Ninh, Bac Giang, Phu Tho, Yen Bai, Lao Cai, Bac Kan, Cao Bang, Ha Giang, Lang Son, Thai Nguyen, Tuyen Quang, Hoa Binh, Son La, Dien Bien, Lai Chau, Hai Phong, Hanoi;

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

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

Article 3. Principles for Selecting Outstanding Rural Industrial Products

The selection of outstanding rural industrial products shall be conducted in accordance with the following principles:

1. It shall be carried out democratically, openly, and transparently; it must comply with the provisions of this Circular and the current state regulations on awards.

2. It shall be organized in a sequential manner from commune level to district level, provincial level, regional level, and national level.

3. A product may participate in multiple selection periods.

4. Rural industrial establishments submit products for selection based on the principle of voluntariness and self-responsibility for information related to their products.

Article 4. General Requirements for Products Participating in Selection

1. It must be an industrial or small-scale handicraft product currently being produced at rural industrial establishments and registered for participation in the selection by the establishment producing the product.

2. The product participating in the selection must not be a copy; its production must not violate intellectual property rights regulations and other relevant industrial property regulations.

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. Group of processed agricultural, forestry, aquatic products, and beverages.

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

4. Other product groups.

Chapter II

SELECTION PROCEDURES AND FORMALITIES

Article 6. Establishment of the Selection Committee

1. The Selection Committee for Outstanding Rural Industrial Products (referred to as the Selection Committee) at each level shall be established as follows:

a) The Selection Committee at the commune level shall be decided by the Chairman of the People's Committee of the commune;

b) The Selection Committee at the district level shall be decided by the Chairman of the People's Committee of the district;

c) The Selection Committee at the provincial level shall be decided by the Chairman of the People's Committee of the province;

d) The Selection Committee at the regional level shall be decided by the Director of the Local Industry Department;

e) The Selection Committee at the national level shall be decided by the Minister of Industry and Trade.

2. Members of the Selection Committee operate under a part-time system. The supplementation or replacement of members of the Selection Committee shall be decided by the authority that established the Selection Committee at the same level.

3. The Selection Committee shall be established to guide rural industrial establishments in preparing registration files for selection; to establish the Jury and the Technical Support Team; to organize the selection process; and to present to the competent authority (the authority that established the Selection Committee) for deciding the winning products and issuing certificates for outstanding rural industrial products to the winning products.

4. Each level's Selection Committee shall have the responsibility to select the winning products at that level to complete the file for submission to participate in the selection at the higher level according to the specified time and procedures, and to resolve any disputes or complaints related to the selection results.

Article 7. Composition and Membership of the Selection Committee

The composition, number, and membership of the Selection Committees at each level shall be determined as follows:

1. The Selection Committee at the commune level shall consist of 03 to 05 members, including:

a) The Chairperson of the Committee is the Leader of the Commune People's Committee;

b) The Vice-Chairperson and other members are representatives of relevant units and organizations.

2. The Selection Committee at the district level shall consist of 05 to 07 members, including:

a) The Chairperson of the Committee is the Leader of the District People's Committee;

b) The Vice-Chairperson of the Committee is the Leader of the Economic and Infrastructure Office (or the Economic Office);

c) Other members of the Committee are representatives of relevant units and organizations.

3. The Selection Committee at the provincial level shall consist of 07 to 09 members, including:

a) The Chairperson of the Committee is the Leader of the Provincial People's Committee;

b) The Vice-Chairperson of the Committee is the Leader of the Department of Industry and Trade;

c) Other members of the Committee are representatives of relevant units and organizations.

4. The Selection Committee at the regional level shall consist of 09 to 11 members, including:

a) The Chairperson of the Committee is the Leader of the Local Industry Department;

b) The Vice-Chairperson of the Committee is the Leader of the specialized management unit of the Local Industry Department and the Leader of the Department of Industry and Trade - where the selection is organized.

c) Other members of the Committee are representatives of relevant units and organizations.

5. The Selection Committee at the national level shall consist of 11 to 13 members, including:

a) The Chairperson of the Committee is the Leader of the Ministry of Industry and Trade;

b) The Vice-Chairperson of the Committee is the Leader of the Local Industry Department and the Leader of the Department of Industry and Trade of the province or city where the selection is organized;

c) Other members of the Committee are representatives of relevant units and organizations.

Article 8. Examination Board

1. The Selection Council decides on the establishment, quantity, and composition of members of the Examination Board.

2. The Examination Board is established to assist the Selection Council in evaluating and selecting outstanding rural industrial products. Members of the Examination Board are scientists, experts, managers, and professionals with expertise and experience in fields related to the registered product groups for selection.

3. The Examination Board consists of a Chairperson, Deputy Chairperson, and other members. The number of members of the Examination Board must be odd (03, 05, 07, or 09). The Chairperson, Deputy Chairperson, and members of the Examination Board are responsible to the Selection Council for the results of their evaluation and selection.

4. The Examination Board operates under the principle of democratic centralism, concluding by majority vote and dissolving itself upon completion of its tasks.

Article 9. Procedures and Formalities for Registration and Selection

1. Based on the approved program and plan for organizing the selection, the competent authority decides to establish the Selection Council for outstanding rural industrial products in accordance with Article 6 of this Circular.

2. The Selection Council organizes announcements through various forms (administrative documents, bulletins, newspapers, radio, television, and other appropriate mass media according to local conditions...) regarding the purpose, content, specific plans, and requirements for the selection of outstanding rural industrial products for units, organizations, and rural industrial production establishments to register for participation.

3. Units, organizations, and rural industrial production establishments prepare files as prescribed in Article 10 of this Circular and submit them to the Selection Council within the specified time frame.

4. The Selection Council compiles, studies the files, and conducts the selection according to the principles and criteria stipulated in this Circular.

5. The Selection Council publicly announces the selection results to participating units, organizations, and rural industrial production establishments no later than two working days after the official results are obtained; and organizes the issuance of certificates and awards for outstanding rural industrial products to production establishments whose products have won awards.

Article 10. Files and Products for Registration in Selection

1. Files and products for registration at the commune level:

a) Application form for participating in the selection of products from rural industrial production establishments (according to Form 1) accompanied by a copy of the business registration certificate of the unit;

b) Description of the product (according to Form 2) accompanied by photographs of the product taken from different angles (including three color photos, minimum size 9x12cm);

c) Other relevant documents related to the product (if any) such as quality standard certificates, commendation certificates, awards for the product, etc.;

d) In addition to the above files, participating units must send specific products to the Selection Council according to the specified time and location.

Specific products may be returned to participating units or retained and displayed at the selection venue or selected to participate in higher-level selections.

In special cases where participating units cannot send specific products to the Selection Council, the Chairman of the Selection Council will consider and decide on the method and result of the selection for that product.

2. Files and products for registration at the district level:

a) Proposal letter of the commune-level Selection Council along with a list of outstanding rural industrial products at the commune level registering to participate in the district-level selection (according to Form 4) and files of the winning products as prescribed in Clause 1 of this Article;

b) A valid copy of the certificate for outstanding rural industrial products at the commune level issued at the most recent date.

In cases where the commune-level selection cannot be organized (or there are new products not yet selected at the commune level), rural industrial production establishments with products registering to participate in the district-level selection must complete the files as prescribed in Clause 1 of this Article and submit them to the People's Committee of the commune for review, and issue a proposal letter to participate in the district-level selection.

3. Files and products for registration at the provincial level:

a) Proposal letter of the district-level Selection Council along with a list of outstanding rural industrial products at the district level registering to participate in the provincial-level selection (according to Form 4) and files of the winning products as prescribed in Clause 2 of this Article;

b) A valid copy of the certificate for outstanding rural industrial products at the district level issued at the most recent date.

In cases where the district-level selection cannot be organized (or there are new products not yet selected at the district level), then rural industrial production establishments with products registering to participate in the provincial-level selection must complete the files as prescribed in Clause 1 of this Article and submit them to the People's Committee of the district for review, and issue a proposal letter to participate in the provincial-level selection.

4. Files and products for registration at the regional level:

a) Proposal letter of the provincial-level Selection Council along with a list of outstanding rural industrial products at the provincial level registering to participate in the regional-level selection (according to Form 4) and files of the winning products as prescribed in Clause 3 of this Article;

b) A valid copy of the certificate for outstanding rural industrial products at the provincial level issued at the most recent date.

5. Files and products for registration at the national level:

a) Proposal letter of the regional-level Selection Council along with a list of outstanding rural industrial products at the regional level registering to participate in the national-level selection (according to Form 4) and files of the winning products as prescribed in Clause 4 of this Article;

In case the regional selection cannot be organized, the Provincial Selection Council shall submit a written request accompanied by a list of provincial-level outstanding rural industrial products that have registered to participate in the national selection (in accordance with Model 4 in Appendix 4) and the documentation of such products as prescribed in Clause 3 of this Article.

b) A valid copy of the certificate recognizing the regional-level or provincial-level outstanding rural industrial product (if no regional-level selection is organized), issued at the most recent time.

Article 11. Time and Place for Receiving Applications

The application for participating in the selection of outstanding rural industrial products shall be prepared in two sets and submitted to the Selection Council in accordance with the specified time and place.

1. The Department of Local Industry serves as the Standing Body of the National Selection Council and is responsible for guiding and determining the time and location for receiving applications for participation in the selection of outstanding rural industrial products at the regional and national levels.

2. The Department of Industry and Trade serves as the Standing Body of the Provincial Selection Council and is responsible for guiding and determining the time and location for receiving applications for participation in the selection of outstanding rural industrial products at the commune, district, and provincial levels.

Article 12. Retention of Selection Documentation

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

1. Documentation for the selection of outstanding rural industrial products at the commune level shall be retained at the People's Committee of the commune.

2. Documentation for the selection of outstanding rural industrial products at the district level shall be retained at the People's Committee of the district.

3. Documentation for the selection of outstanding rural industrial products at the provincial level shall be retained at the Department of Industry and Trade.

4. Documentation for the selection of outstanding rural industrial products at the regional and national levels shall be retained at the Department of Local Industry.

Chapter III

SELECTION AND AWARDS

Article 13. Criteria for Selection

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

a) Criteria related to revenue and market demand satisfaction;

b) Criteria related to economic-technical-social indicators;

c) Criteria related to cultural-aesthetic aspects;

d) Other criteria.

2. Detailed criteria for selection are stipulated in Appendix 3 attached hereto.

Article 14. Method of Selection and Result Compilation

1. The Head of the Jury proposes the method of selecting products (scoring or voting) to the Chairman of the Selection Council for decision.

2. The Jury conducts scoring (according to the form in Appendix 5) or voting (according to the form in Appendix 6) based on principles of independence, fairness, and objectivity; each member is individually responsible for their evaluation results.

3. The Head of the Jury prepares a record summarizing the scoring results or voting results and submits it to the Selection Council.

Article 15. Conditions for Awarding Prizes and Prize Structure

1. Products recognized as outstanding rural industrial products must meet the general requirements set forth in Article 4 of this Circular and achieve an average score from the Jury of 70 points or higher (if scoring) or receive affirmative votes from two-thirds or more of the Jury members (if voting).

2. The number and structure of prizes awarded to winning products are decided by the Selection Council.

3. Depending on the quantity and quality of the outstanding rural industrial products, the Selection Council may select a number of exemplary products during the selection period.

Article 16. Recognition of Results and Issuance of Certificates

1. Based on the results of the selection of outstanding rural industrial products presented by the Selection Committee, the Chairman of the People's Committee at the commune, district, provincial levels; the Director of the Local Industry Department and the Minister of Industry and Trade shall issue decisions to recognize the awarded products and issue certificates for outstanding rural industrial products corresponding to the level of selection.

2. The certificate for outstanding rural industrial products must be standardized from the commune to the national level as stipulated in Appendix No. 7.

Article 17. Award Presentation Organization

1. The organization of award presentations for outstanding rural industrial products must be solemn and serious; appropriate to the specific conditions of each locality; ensuring the presence of representatives of the authorities, representatives of mass media agencies, relevant units, organizations, individuals, and rural industrial bases that participated in the selection and won awards.

2. Award presentations may be organized separately or combined with local and central festivals, fairs, exhibitions, etc. The specific time for award presentations at each level shall be decided by the Selection Committee upon submission to the competent authority.

3. Encouragement is given to event organizing units, industry associations, information and communication agencies, large enterprises to participate and cooperate with the Selection Committee in organizing promotional activities for the selection and award presentation.

Article 18. Benefits for Units with Awarded Products

Units with awarded products have the following benefits:

1. They are issued certificates for outstanding rural industrial products and other awards accompanying the Selection Committee. The certificate for outstanding rural industrial products is valid for two years from the date of issuance.

2. They are prioritized for support from the handicraft promotion budget and other sources of funding to invest in production development, technological innovation, equipment, trade promotion, labor training, etc., according to national and local handicraft promotion programs based on the principle:

a) The national handicraft promotion budget supports products winning regional and national awards for outstanding rural industrial products;

b) The local handicraft promotion budget supports products winning awards for outstanding rural industrial products at various levels within the locality.

3. Information about the products can be published on the information channels of the industry and commerce sector such as: handicraft promotion publications, websites of the Provincial Industry and Trade Departments, Local Handicraft Promotion Centers and Industrial Development Consultation Centers at the provincial and regional levels; the Local Industry Department and the Ministry of Industry and Trade's website for products winning regional and national awards.

Article 19. Responsibilities of Units with Awarded Products

Units with awarded products have the following responsibilities:

1. To continue maintaining and developing outstanding rural industrial products in terms of quantity and quality in accordance with the selection results and commitments registered by the unit.

2. To collaborate with relevant units in proposing, building, and implementing programs and solutions to support the development of awarded products.

Article 20. Handling Complaints and Revoking Certificates

1. The statute of limitations for lodging complaints regarding participating products is fifteen days from the date of notification of the Decision recognizing outstanding rural industrial products.

2. The Selection Committee is responsible for handling complaints related to the selection results within ten days from the date of receipt of the complaint.

3. In cases where awarded products show signs of violating the law, depending on the severity of the violation, the Selection Committee may submit to the competent authority for handling or revoke the certificate for outstanding rural industrial products.

Article 21. Location, time, and budget for implementation

1. Time for organization at commune level, district level, and provincial level:

a) Shall be organized annually or every two years;

b) The specific location and time for organization at each level shall be carried out based on plans and proposals and decided by the People's Committee at the corresponding level.

Specifically, the time for organizing at the provincial level shall also be determined to be consistent with the regional and national levels as stipulated in Clause 2 of this Article.

2. Time for organization at the regional level and national level:

a) Shall be organized every two years during even-numbered years (starting from 2012);

b) The specific location and time for organization shall be proposed by the Local Industry Department and decided by the Ministry of Industry and Trade.

3. Funding for Implementation

The budget for implementing the selection process and issuing certificates for outstanding rural industrial products under this Circular shall be sourced from the promotion fund for small-scale industries (as prescribed in Joint Circular No. 125/2009/TTLT/BTC-BCT dated June 17, 2009 of the Ministry of Finance and the Ministry of Industry and Trade) and other legitimate sources.

Chapter IV

IMPLEMENTATION

Article 22. Effective Date

This Circular takes effect from December 30, 2010.

Article 23. Inspection, Supervision, and Reporting System

1. The Local Industry Department, Department of Industry and Trade, and relevant agencies have the responsibility to conduct regular and spot inspections and supervise the implementation of this Circular.

2. Annually, units assigned to organize the selection of outstanding rural industrial products shall report their results to the Department of Industry and Trade and the Local Industry Department.

Article 24. Implementation Organization

1. The Local Industry Department shall assist the Ministry of Industry and Trade in leading and coordinating with the Departments of Industry and Trade of provinces and centrally-run cities and related units to guide and implement this Circular.

2. The Department of Industry and Trade shall assist the People's Committee of provinces and centrally-run cities in leading and coordinating with relevant agencies and units to guide and implement this Circular within their respective localities.

3. During the implementation process, if there are any difficulties, relevant units, individuals, and organizations are requested to reflect them to the Ministry of Industry and Trade for appropriate amendments and supplements./.