Circular No. 39/2010/TT-BCT on the implementation of the Border Trade Promotion Program

CIRCULAR

Provisions on the implementation of the Border Trade Promotion Program

       Pursuant to Decree No. 189/2007/NĐ-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 Decision No. 1374/QĐ-TTg dated August 6, 2010 of the Prime Minister on the budget for implementing the Border Trade Promotion Program in 2010,

          After reaching consensus with the Ministry of Finance, the Ministry of Industry and Trade hereby provides provisions on the implementation of the Border Trade Promotion Program as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1.    Scope of regulation: This Circular stipulates the construction, management, and implementation of the Border Trade Promotion Program (hereinafter referred to as the Program).

2.    Applicability: This Circular applies to units responsible for implementing projects under the Program (hereinafter referred to as responsible units), managing agencies, and organizations and individuals participating in the implementation of the Program.

Article 2. Sources of funding and time frame for implementing the Program

1.  The funding for implementing the Program is based on Decision No. 1374/QĐ-TTg dated August 6, 2010 of the Prime Minister regarding the budget for implementing the Border Trade Promotion Program in 2010.

2.  The time frame for implementing the Program runs from the date this Circular takes effect until the end of the second quarter of 2011.

Article 3. Responsible units and units participating in the implementation of the Program

1.  Units responsible for implementing the Program must meet the following conditions:

a)     They are organizations with legal personality belonging to all economic sectors established in accordance with the law;

b)    They have projects approved by the Minister of Industry and Trade.

2.  Units participating in the implementation of the Program are organizations with legal personality belonging to all economic sectors, Vietnamese traders, and individual businesses as prescribed by Vietnamese law.

Chapter II

CONTENTS, PRINCIPLES, AND LEVEL OF SUPPORT

Article 4. Enhancing the capacity of traders participating in export through border areas

1.  Publish three guidebooks (one bilingual Vietnamese-Chinese, one bilingual Vietnamese-Lao, and one bilingual Vietnamese-Khmer) providing information about each border route concerning customs clearance procedures, entry and exit of people and vehicles related to export goods, payment methods, tax and fee policies, regulations on product models, health quarantine, animal, plant, and aquatic products inspection, quality control... and other important matters when conducting export business at border gates. Support 100% of the following costs:

a)    Costs for investigation, survey, and data collection;

b)   Publishing costs;

c)    Distribution costs to relevant organizations and individuals in Vietnam and neighboring countries as designated by the Ministry of Industry and Trade.

2.  Publish three handbooks "Vietnamese goods and enterprises" (one bilingual Vietnamese-Chinese, one bilingual Vietnamese-Lao, and one bilingual Vietnamese-Khmer) providing information about goods, distribution networks, and Vietnamese enterprises operating in China, Laos, and Cambodia. Support 100% of the following costs:

a)    Costs for investigation, survey, and data collection;

b)   Publishing costs;

c)    Distribution costs to relevant organizations and individuals in Vietnam and neighboring countries as designated by the Ministry of Industry and Trade.

3.  Publish special issues introducing the policies of the Party and the Government related to border trade, mountainous regions, and islands; analytical articles reflecting the development of border trade, mountainous regions, and islands; providing information, experiences, and models of enterprises, individual businesses, market conditions, and production of goods in border areas, mountainous regions, remote areas, ethnic minority regions, and islands. Support 100% of the following costs:

a)    Costs for investigation, survey, and data collection;

b)   Publishing costs;

c)    Distribution costs to relevant organizations and individuals as designated by the Ministry of Industry and Trade.

4.  Conduct surveys and evaluations of the consumption of Vietnamese goods through border markets, economic zones, and border gates. Support 100% of the following costs:

a)    Costs for investigation, survey, and data collection (developing plans, drafting outlines, printing materials, questionnaires, training for investigators, processing survey results...)

b)   Costs for summarizing, evaluating, reporting, and announcing survey results according to the directives of the Ministry of Industry and Trade.

          5. Organize training and capacity building for cadres, cooperative leaders, and traders in border areas, mountainous regions, and islands on market management, economic zone operations, purchasing and selling, and consumption of products in border areas, mountainous regions, and islands, and the implementation of government policies. Support 100% of the following costs:

a) Instructor fees;

b) Costs for preparing teaching materials and providing materials to trainees;

c) Costs for renting teaching equipment.

Article 5. Distribution of Vietnamese goods to mountainous areas, border regions, remote areas

          Organize Vietnamese product sales sessions for 2-3 days on a medium to small scale (approximately 30 enterprises) in border districts, mountainous regions, and remote areas. Support the following costs:

a)    Organizational costs (including venue rental fees, publicity, advertising, ceremonial expenses, electricity and water, environmental sanitation, fire prevention, security, public order, management work, service staff labor costs, etc.) at levels allocated according to the guidelines of the Ministry of Finance.

b)   Booth costs and transportation costs for goods of enterprises at levels allocated according to the guidelines of the Ministry of Finance.

Article 6. Socialization and Encouragement of Enterprises to Invest in Export Support Services in Border Gate Areas

          Support the costs incurred in 2010 (with contracts and legitimate invoices) of enterprises with investment projects for transport terminals, cargo handling, warehousing systems, infrastructure construction serving exports at border gates approved by relevant authorities. Support 100% of the following costs:

a)    Costs for data collection, documentation, topographical and geological surveys for project development;

b)    Project development costs;

c)    Administrative procedure costs, review, approval, etc.;

d)    Surveying and design costs.

Article 7. Development of Systems for Distributing Vietnamese Goods to Neighboring Countries

1.  Organize Vietnamese product sales sessions for 3-5 days on a medium to small scale (approximately 30 enterprises) in densely populated centers in border provinces of neighboring countries sharing borders with Vietnam. Support 100% of the following costs:

a)    Permit application costs to local authorities;

b)    Organizational costs (including venue rental fees, electricity and water, security, services, etc.) at levels allocated according to the guidelines of the Ministry of Finance;

c)    Publicity and advertising costs.

2.  Support enterprises in establishing and expanding distribution networks for Vietnamese goods in border provinces and cities. Support 100% of the following costs:

a)    Administrative costs for setting up representative offices in provinces outside Vietnam that share borders with Vietnam;

b)    Advertising costs on mass media platforms in border areas.

3.  Support costs for organizing business delegations to conduct trade exchanges and market surveys in border provinces of neighboring countries, led by the Ministry of Industry and Trade. Support 100% of the following costs:

a)    Organization costs: transactions, printing materials, translation, trade facilitation;

b)    Travel and accommodation costs.

Article 8. Communication Activities

Support 100% of the costs for writing and publishing articles about border trade on mass media platforms in Vietnam and border provinces (of Vietnam and neighboring countries).

Chapter III

PROCEDURES AND IMPLEMENTATION OF THE PROGRAM

Article 9. The Program Appraisal Board

1.  The Program Appraisal Board shall be established pursuant to the Decision of the Minister of Industry and Trade.

2.  The functions and tasks of the Program Appraisal Board shall be stipulated by the Minister of Industry and Trade.

Article 10. Procedure for Receiving and Processing Applications

1.    The leading unit shall prepare and submit the project proposal according to the model issued together with this Circular to the Northern Mountainous Trade Department of the Ministry of Industry and Trade at No. 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi – Telephone: 04.22205447 – Fax: 04.22205521 – Email: [email protected] before December 31, 2010.

2.    The Northern Mountainous Trade Department of the Ministry of Industry and Trade shall evaluate the contents of the trade promotion project proposals based on the selection criteria and consolidate them to send to the Program Appraisal Board.

Article 11. Criteria for Selecting Project Proposals

1.     Compliance with the actual needs of organizations with legal personality from all economic sectors, Vietnamese traders, and individual business households as prescribed by Vietnamese law.

2.     Alignment with the orientation of establishing and developing the distribution system of Vietnamese goods from production areas to border regions, mountainous areas, remote areas, while promoting exports to border areas and neighboring countries' markets.

3.     Consistency with the strategies and planning for the development of economic zones, industries, and localities approved by the Prime Minister.

4.     Consistency with the content of the Program as stipulated in this Circular.

5.     Assurance of feasibility regarding implementation methods; time frame and progress; human resources, finance, and technical infrastructure.

Chapter IV

APPROVAL, INSPECTION, SUPERVISION AND EVALUATION OF RESULTS

Article 12. Approval of Project Proposals

1.  Based on the evaluation of the Program Appraisal Board, the Minister of Industry and Trade shall issue a decision to approve and assign the leading units to implement the project proposals.

2.  In cases where multiple units register to organize the same activity, the Ministry of Industry and Trade shall consider and select the appropriate leading unit to implement it.

Article 13. Inspection and Supervision

1.     The Ministry of Industry and Trade shall take the lead and coordinate with relevant agencies to supervise and inspect the implementation of project proposals to ensure that the Program is carried out in accordance with requirements, objectives, content, schedule, effectiveness, and legal regulations.

2.    The leading unit shall have the responsibility to provide complete documentation and information related to the implementation of the project proposal and facilitate inspection and supervision as prescribed.

Article 14. Evaluation of Implementation Results

1.     The leading unit shall prepare a report on the implementation results of the project proposal and submit it to the Ministry of Industry and Trade within fifteen days after the completion of the project.

2.     Within ten working days from the date of receipt of the report on the implementation results of the project proposal from the leading unit, the Ministry of Industry and Trade shall prepare a record of the final evaluation of the implementation results of the project proposal.

Chapter V

IMPLEMENTATION

Article 15. Effective Date

          This Circular shall take effect from the date of issuance.

          Article 16. Responsibility for Implementation

1.  The Ministry of Industry and Trade (Northern Mountainous Trade Department) shall take the lead and coordinate with relevant agencies to develop plans, organize implementation, approval, inspection, supervision, and compile reports on the results of implementing the Program.

2.  The leading unit shall be responsible for organizing the implementation of the project proposal approved by the Minister of Industry and Trade in accordance with the objectives, content, schedule, budget, and reporting the results to the Ministry of Industry and Trade and the Ministry of Finance as prescribed.

3.  During the implementation process, if there are difficulties or issues, they should be reported to the Ministry of Industry and Trade for prompt resolution./.