Decree No. 39/2018/NĐ-CP detailing certain provisions of the Law on Supporting Small and Medium-sized Enterprises

 

DECREE

Detailed regulations on certain provisions of the Law on Supporting Small and Medium-sized Enterprises

small and medium enterprises

^____________

Pursuant to the Government Organization Law dated June 19, 2015;

Pursuant to the Law on Supporting Small and Medium-sized Enterprises dated June 12, 2017 June 12, 2017;

At the proposal of the Minister of Planning and Investment;

The Government issues this Decree detailing certain provisions of the Law on Supporting Small and Medium-sized Enterprises.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details certain provisions of the Law on Supporting Small and Medium-sized Enterprises, including Article 4; Clause 1 and Clause 2 of Article 14; Article 15; Clause 2 of Article 16; Article 17 and Article 19.

Article 2. Applicability

1. An enterprise established, organized, and operating in accordance with the laws on enterprises, meeting the criteria for small and medium-sized enterprises as stipulated in Article 6 of this Decree.

2. Agencies, organizations, and individuals related to supporting small and medium-sized enterprises.
and medium.

Article 3. Explanation of Terms

1. Support program for small and medium-sized enterprises: A set of interrelated activities using resources to achieve the goal of supporting small and medium-sized enterprises with potential for development in one or more industries, sectors, or regions over one or more stages.

2. Lead agency of the support program for small and medium-sized enterprises: The agency or organization supporting small and medium-sized enterprises assigned by the competent authority to build, organize implementation, coordinate, supervise, evaluate implementation, and be fully responsible for the support program for small and medium-sized enterprises as stipulated in Clause 1 of this Article.

3. National portal for supporting small and medium-sized enterprises: An access point on the internet (at the address www.business.gov.vn) providing support to small and medium-sized enterprises through the integration of information, services, and applications serving their operations.

4. Network of advisors: A group of advisors and advisory organizations with expertise in various fields meeting the needs of small and medium-sized enterprises, recognized by state management agencies based on criteria issued and publicly announced to support small and medium-sized enterprises.

Article 4. Principles of Implementation of Support

1. Support for innovative start-up small and medium-sized enterprises participating in industry clusters and value chains using state budget funds shall be carried out according to the support program for small and medium-sized enterprises as stipulated in Article 5 of this Decree.

2. Support for information, advisory services, and human resource development for small and medium-sized enterprises; support for small and medium-sized enterprises transitioning from individual businesses shall be implemented according to the annual budget estimate. In cases where support targets are determined for the medium or long term, support for information, advisory services, and human resource development for small and medium-sized enterprises; support for small and medium-sized enterprises transitioning from individual businesses may be implemented according to the support program for small and medium-sized enterprises submitted to the competent authority in accordance with the prescribed regulations.

3. Based on available support resources, the agencies and organizations supporting small and medium-sized enterprises decide the number of enterprises eligible for support, ensuring the following principles:

a) Small and medium-sized enterprises owned by women and those employing a higher proportion of female workers submit applications meeting the conditions for support first.

b) Small and medium-sized enterprises submitting applications meeting the conditions for support first shall be supported first.

Article 5. Support Program for Small and Medium Enterprises

The Support Program for Small and Medium Enterprises includes the following contents: Objectives; target groups and conditions for support; procedures and formalities for selection; contents of support; resources for implementation; management, supervision, and evaluation mechanisms for implementation results; time frame for implementing the Program; other contents (if any).

Chapter II

DETERMINATION OF SMALL AND MEDIUM ENTERPRISES

Article 6. Criteria for determining small and medium enterprises

Small and medium enterprises are classified according to scale into micro enterprises, small enterprises, and medium enterprises.

1. Micro enterprises in the agriculture, forestry, fishery, and industry and construction sectors have an average number of employees participating in social insurance not exceeding 10 people and annual total revenue not exceeding 3 billion VND or total capital not exceeding 3 billion VND.

Micro enterprises in the trade and service sector have an average number of employees participating in social insurance not exceeding 10 people and annual total revenue not exceeding 10 billion VND or total capital not exceeding 3 billion VND.

2. Small enterprises in the agriculture, forestry, fishery, and industry and construction sectors have an average number of employees participating in social insurance not exceeding 100 people and annual total revenue not exceeding 50 billion VND or total capital not exceeding 20 billion VND, but not being micro enterprises as defined in Clause 1 of this Article.

Small enterprises in the trade and service sector have an average number of employees participating in social insurance not exceeding 50 people and annual total revenue not exceeding 100 billion VND or total capital not exceeding 50 billion VND, but not being micro enterprises as defined in Clause 1.
of this Article.

3. Medium enterprises in the agriculture, forestry, fishery, and industry and construction sectors have an average number of employees participating in social insurance not exceeding 200 people and annual total revenue not exceeding 200 billion VND or total capital not exceeding 100 billion VND, but not being small or micro enterprises as defined in Clauses 1 and 2 of this Article.

Medium enterprises in the trade and service sector have an average number of employees participating in social insurance not exceeding 100 people and annual total revenue not exceeding 300 billion VND or total capital not exceeding 100 billion VND, but not being micro or small enterprises as defined in Clauses 1 and 2 of this Article.

Article 7. Determination of the field of operation of small and medium enterprises

The field of operation of small and medium enterprises is determined based on the provisions of laws on the economic sector system and specialized laws.

In cases where they operate in multiple fields, small and medium enterprises are determined based on the field with the highest revenue. In cases where it is impossible to determine the field with the highest revenue, small and medium enterprises are determined based on the field employing the most labor.

Article 8. Determination of the average annual number of employees participating in social insurance of small and medium enterprises

1. The number of employees participating in social insurance is the total number of employees managed, utilized, and paid wages and remuneration by the enterprise to participate in social insurance in accordance with the law on social insurance.

2. The average annual number of employees participating in social insurance is calculated by dividing the total number of employees participating in social insurance of the year by the number of months in the year and is determined based on the social insurance payment documents of the preceding year submitted by the enterprise to the social insurance agency.

In cases where the enterprise operates for less than one year, the average annual number of employees participating in social insurance is calculated by dividing the total number of employees participating in social insurance during the operating months by the number of operating months.

Article 9. Determination of the total capital of small and medium enterprises

The total capital is determined in the balance sheet reflected in the Financial Statement of the preceding year submitted by the enterprise to the tax administration agency.

In cases where the enterprise operates for less than one year, the total capital is determined in the balance sheet of the enterprise at the end of the nearest quarter to the date when the enterprise registers to enjoy the support content.

Article 10. Determination of Total Revenue for Small and Medium-sized Enterprises

The total revenue for a year is the total revenue from selling goods and providing services by the enterprise and is determined based on the Financial Report of the preceding year submitted by the enterprise to the tax management authority.

In cases where the enterprise operates for less than one year or more than one year but has not generated any revenue, the enterprise shall base its determination of being a small or medium-sized enterprise according to the criteria of total capital as stipulated in Article 9 of this Decree.

Article 11. Determination and Declaration of Small and Medium-sized Enterprises

1. Small and medium-sized enterprises shall base their self-determination and declaration of scale as either micro-enterprises, small enterprises, or medium-sized enterprises according to the model prescribed in the Appendix attached to this Decree and submit it to the agency or organization supporting small and medium-sized enterprises. Small and medium-sized enterprises must bear legal responsibility for their declarations.

2. In cases where the enterprise discovers that its declared scale is inaccurate, the small and medium-sized enterprise shall adjust and re-declare. The re-declaration must be completed before the time when the small and medium-sized enterprise benefits from support content.

3. In cases where the enterprise intentionally declares inaccurately about its scale to benefit from support, it must bear legal responsibility and return all funds and related costs that have been received as support.

 

Chapter III

INFORMATION SUPPORT, ADVICE, AND HUMAN RESOURCE DEVELOPMENT

 

Article 12. Information Support for Small and Medium-sized Enterprises

Small and medium-sized enterprises are exempted from fees for accessing information as prescribed in Clause 1, Article 14 of the Law on Supporting Small and Medium-sized Enterprises on the National Portal for Supporting Small and Medium-sized Enterprises managed by the Ministry of Planning and Investment and the websites of ministries, agencies at the same level as ministries, provincial People's Committees, and centrally governed cities.

Article 13. Advisory Support for Small and Medium-sized Enterprises

1. Small and medium-sized enterprises can access the network of advisors on the National Portal for Supporting Small and Medium-sized Enterprises and the websites of ministries, agencies at the same level as ministries to select suitable advisors or advisory organizations and advisory services according to the needs of the enterprise.

2. Small and medium-sized enterprises submit application documents for advisory support to the agency or organization supporting small and medium-sized enterprises. The advisory application documents are conditions for the agency to consider providing advisory support services to small and medium-sized enterprises. The documents include:

a) A form for determining micro-enterprises, small enterprises, and medium-sized enterprises according to the model prescribed in the Appendix attached to this Decree;

b) A copy of the Enterprise Registration Certificate;

c) A record of agreement on advisory services between the enterprise and the advisor or advisory organization within the network of advisors.

3. Small and medium-sized enterprises receiving support may use advisory services (excluding administrative procedure advisory services as prescribed by specialized laws) within the network of advisors.

a) Micro-enterprises are supported with 100% of the value of the advisory contract, but not exceeding three million dong per year;

b) Small enterprises are granted a maximum reduction of 30% of the value of the advisory contract, but not exceeding five million dong per year;

c) Medium-sized enterprises are granted a maximum reduction of 10% of the value of the advisory contract, but not exceeding ten million dong per year;

d) Micro-enterprises converted from individual households, innovative start-up small and medium-sized enterprises, and small and medium-sized enterprises participating in industry clusters and value chains are exempted or granted reductions in advisory fees as prescribed in
Chapter IV of this Decree.

4. Network of advisors

a) The network of advisors shall be established to include advisors who have been and are currently operating in accordance with the specialized laws and newly formed advisors, ensuring the principle that for individual advisors, their qualifications, work experience, level of training, and suitability to meet the needs of small and medium-sized enterprises must be guaranteed; for organizations, they must meet the conditions stipulated by specialized laws and be suitable for the needs of small and medium-sized enterprises;

b) Application dossier for joining the network of advisors: For individual advisors, the dossier includes: Curriculum vitae; training certificates; work experience dossier; documents and papers issued by competent authorities (for industries and trades requiring conditional business investment); for organizational advisors: Business registration certificate; work experience dossier; dossiers of individual advisors within the organization and documents and papers issued by competent authorities (for industries and trades requiring conditional business investment);

c) Advisors or advisory organizations submit the application dossier as prescribed in point b of this clause to the lead unit under the ministry or agency at the ministerial level responsible for organizing the operation of the advisor network to be recognized as part of the advisor network and announced on their own electronic information website within ten working days.

Article 14. Support for human resource development for small and medium-sized enterprises
and medium-sized

1. Support for business start-up and business management training.

a) The state budget supports at least 50% of the total cost of a business start-up and enterprise management training course for small and medium-sized enterprises;

b) Trainees from small and medium-sized enterprises located in particularly difficult socio-economic areas and those run by women are exempted from tuition fees for participating in the training course.

2. Support for vocational training

When small and medium-sized enterprises send employees to participate in a basic-level training course or a training program lasting less than three months, they are exempted from training costs. The remaining costs are agreed upon between the small and medium-sized enterprises and the employees. Employees participating in the training course must meet the following conditions:

a) Have worked continuously in small and medium-sized enterprises for at least six months;

b) Not exceeding fifty years old for males, forty-five years old for females.

3. Support for direct training at small and medium-sized enterprises

a) Small and medium-sized enterprises operating in production and processing sectors are supported with 50% of the total cost of a direct training course at the enterprise but not more than once a year;

b) A direct training course at the enterprise must have a minimum of ten trainees.

Chapter IV

SUPPORT FOR SMALL AND MEDIUM-SIZED ENTERPRISES TO TRANSITION FROM
INDIVIDUAL BUSINESS HOUSES, CREATIVE START-UPS,
PARTICIPATION IN INDUSTRY CLUSTERS, VALUE CHAINS

Section 1

SUPPORT FOR SMALL AND MEDIUM-SIZED ENTERPRISES TO TRANSITION

FROM INDIVIDUAL BUSINESS HOUSES

Article 15. Support for advisory services and guidance on procedures for establishing enterprises

1. Individual businesses registering to convert into enterprises are provided free advisory and guidance services by the provincial People's Committee or the municipal People's Committee directly under the central government:

a) Procedures, formalities, and application dossiers for establishing enterprises;

b) Procedures, formalities, and application dossiers for obtaining business operation permits for conditional business activities (if applicable).

2. Dossier for small and medium-sized enterprises to benefit from the provisions stipulated in Clause 1 of this Article includes:

a) Copy of the Business Registration Certificate of the individual business;

b) Copy of the Tax Registration Certificate;

c) Copy of payment receipts for business license fees, various taxes, and other payments to the state budget (if applicable), tax declaration forms within one year prior to conversion.

3. Procedures and formalities for applying for free advisory and guidance services:

a) The head of the individual business submits one set of the dossier as prescribed in Clause 2 of this Article to the lead unit assigned by the provincial People's Committee or the municipal People's Committee directly under the central government to provide advisory and guidance services;

b) Within three working days from the date of receiving the dossier, the lead unit is responsible for providing free advisory and guidance services on the contents stipulated in Clause 1 of this Article.

Article 16. Support for Business Registration and Publicizing Business Information

Small and medium enterprises that transform from individual households and meet the conditions regarding documents specified in Clause 2, Article 15 of this Decree shall be exempted from the business registration fee at the business registration authority for the first time; and be exempted from the cost of publicizing the business registration content for the first time on the National Enterprise Registration Information Portal.

Article 17. Support for Initial Business License Review and Issuance

1. Small and medium enterprises that transform from individual households shall be exempted from the review fees and business license issuance fees for the first time for businesses with conditional operations.

2. Small and medium enterprises that transform from individual households continue to operate in industries or professions with conditional operations without changing their scale must submit an application to the competent state management agency to obtain a renewed permit. The competent state management agency shall have the responsibility to issue the permit within three working days from the date of receipt of the application.

In cases where small and medium enterprises that transform from individual households still engage in conditional business activities but change their scale, the competent state management agency shall have the responsibility to provide free advice and guidance on the procedures and formalities for initial business license issuance.

Article 18. Support for Business Stamp Fees

Small and medium enterprises that transform from individual households shall be exempted from the business stamp fee for a period of three years from the date they are granted the Certificate of Enterprise Registration for the first time.

Article 19. Support for Advisory Services and Guidance on Administrative Procedures and Accounting Systems

1. Small and medium enterprises that transform from individual households shall be provided with free advisory services and guidance on administrative procedures and accounting systems for a period of three years from the date they are granted the Certificate of Enterprise Registration.
first time.

2. Provincial People's Committees and municipal people's committees directly under the central government shall be responsible for assigning the lead unit to implement free advisory services and guidance on administrative procedures and accounting systems as stipulated in Clause 1 of this Article.

Section 2

SUPPORT FOR SMALL AND MEDIUM ENTERPRISES IN CREATING INNOVATIVE STARTUPS

Article 20. Method of Selecting Small and Medium Enterprises Engaging in Innovative Startups to Participate in the Support Program for Small and Medium Enterprises

Small and medium enterprises engaging in innovative startups as defined in Clause 2, Article 3 of the Law on Supporting Small and Medium Enterprises, when meeting the support conditions stipulated in Clause 1, Article 17 of the Law on Supporting Small and Medium Enterprises, shall be selected to participate in the program according to one of the following methods:

1. Selected and invested in by agencies and organizations including:

a) Co-working spaces as defined in Article 12 of the Law on Supporting Small and Medium Enterprises;

b) Organizations supporting innovative startups, service providers, technical bases, incubators, business promotion centers, meeting the following criteria: The head has at least one year of experience in investment, financial consulting, and supporting and developing enterprises; the organization has been operating and providing services to at least ten innovative startup enterprises and has invested or raised investment funds of at least one billion Vietnamese dong for small and medium innovative startups in Vietnam;

c) Innovation Startup Investment Funds as defined in Article 18 of the Law on Supporting Small and Medium Enterprises.

2. Receiving national or international awards for innovation startups or products/projects related to innovation.

3. Being granted certificates or intellectual property rights for inventions.
innovations.

4. Being granted certificates for science and technology enterprises or high-tech enterprises.

5. Directly selected by the Board.

The Board shall be established and operated by the leading agency of the program, ensuring the following principles:

a) The number of Board members and the operating mechanism of the Board shall be decided by the leading agency of the program;

b) At least fifty percent of Board members must be representatives from independent domestic and international experts, relevant associations, and other individuals;

c) Board members representing state management agencies shall operate on a part-time basis;

d) The Board shall operate continuously throughout the entire duration of the program and dissolve itself upon completion of the program.

Article 21. Content of support for small and medium-sized enterprises (SMEs) in starting up and creative activities
innovative

1. Support for consulting on intellectual property rights; exploitation and development of intellectual property assets:

a) Support 100% of the value of contracts for consulting on procedures to establish, transfer, and protect intellectual property rights;

b) Support 100% of the value of contracts for consulting on building and implementing policies and strategies for intellectual property activities;

c) Support 100% of the value of contracts for consulting on designing, registering protection, exploiting, and developing the value of trademarks, industrial designs, and inventions;

d) Support 100% of the value of contracts for consulting on building and developing intellectual property assets related to geographical indications.

2. Support for implementing procedures related to standards, technical regulations, measurement, quality; testing and perfecting new products and business models:
measurement, quality; testing, perfecting new products, new business models:

a) Provide free information about the system of national and international standards and technical regulations within the production and business fields of innovative startups;

b) Support 100% of the value of contracts for consulting to build basic standards;

c) Reduce 50% of the testing fee for measuring instruments; reduce 50% of the inspection, calibration, and testing fees for measuring instruments and metrological standards; reduce 50% of the cost of issuing quantity marks for pre-packaged goods that meet metrological requirements but not exceeding 10 million VND per test and not more than once per year;

d) Support 100% of the value of contracts for consulting to enable startups to organize their own measurements;

đ) Reduce 50% of the testing fee for product quality at the testing system under state management authorities but not exceeding 10 million VND per test and not more than once per year.

3. Support for applying and transferring technology

Support 50% of the costs of high-tech application contracts and technology transfer contracts but not exceeding 100 million VND per contract and not more than one contract per year.

4. Support for training, information, trade promotion, and commercialization:

a) Support 50% of the costs of specialized training on the following contents: Building and developing products; commercializing products; raising capital; developing markets; connecting startup networks with research organizations and individuals. The supported cost does not exceed 20 million VND per training course and not more than one course per year;

b) Free access to search, exploit, provide information, and databases on patents, technology information, and research results;

c) Support 100% of the costs of booths at domestic and international trade exhibitions; priority participation in trade promotion programs funded by the state budget;

d) Free provision of information and communication services for connecting innovative startup networks and attracting investment from startup venture funds.

5. Support for using technical facilities, incubation bases, and shared workspaces:

a) Support 100% of the costs for using equipment at technical support facilities for small and medium enterprises;

a) Support 100% of the costs of using equipment at technical facilities supporting SMEs;

Section 3

SUPPORT FOR SMALL AND MEDIUM-SIZED ENTERPRISES
PARTICIPATION IN INDUSTRY CLUSTERS, VALUE CHAINS

Article 22. Criteria for Selecting Industry Clusters and Value Chains

The selection of industry clusters and value chains in the production and processing sector to support small and medium-sized enterprises (SMEs) participating in one of the following criteria:

1. High contribution to the Gross Domestic Product (GDP) of the country or locality.

2. Creation of employment for workers.

3. Generation of high added value.

4. High density of participating enterprises.

Article 23. Methods for Selecting SMEs Participating in Industry Clusters and Value Chains to Join the Support Program for SMEs

Small and medium-sized enterprises participating in industry clusters and value chains as stipulated in Clause 2 and Clause 7, Article 3 of the Law on Supporting Small and Medium-Sized Enterprises operating in the production and processing sectors that meet the conditions specified in Clause 1, Article 19 of the Law on Supporting Small and Medium-Sized Enterprises shall be selected to join the program according to one of the following methods:

1. Having cooperation and linkage contracts with leading enterprises in the industry cluster or value chain.

2. Having joint procurement contracts for raw materials.

3. Having joint sales contracts for products.

4. Jointly building and using regional brands.

Article 24. Content of Support for SMEs Participating in Industry Clusters and Value Chains

1. Supporting 50% of the costs for specialized on-site training courses to enhance technological and production skills, but not exceeding 30 million VND per training course for each enterprise and not more than one training course per year.

2. Supporting production and business linkage:

a) Supporting 100% of the value of consulting contracts to promote linkage within the industry cluster or value chain;

b) Supporting 100% of the value of consulting contracts to develop business collaboration projects aimed at expanding markets and enhancing product value.

3. Supporting brand development and market expansion:

a) Supporting 100% of the costs for exhibition booths at domestic and international trade fairs and promotional events; priority participation in state-funded trade promotion programs;

b) Supporting 100% of the value of consulting contracts regarding trademarks, trade names, geographical indications, and business secrets;

c) Supporting 100% of the costs for contracts to search for information, promote products, and develop brand value for the value chain and industry cluster, but not exceeding 20 million VND per contract and not more than one contract per year.

4. Consulting on technical standards, measurement, and quality:

a) Providing free information on national and international technical standards systems related to the production and business activities of enterprises participating in industry clusters and value chains;

b) Support 100% of the value of contracts for consulting to build basic standards;

c) Reducing 50% of the testing fees for measuring instruments; reducing 50% of the inspection, calibration, and testing fees for measuring instruments and metrological standards; reducing 50% of the fees for issuing quantity verification marks for prepackaged goods consistent with metrological requirements, but not exceeding 10 million VND per test and not more than one test per year;

d) Supporting 100% of the value of consulting contracts for enterprises to organize their own
measurements.

5. Supporting the implementation of procedures for experimental production, inspection, appraisal, and quality certification:

a) Supporting 100% of the costs for product and commodity testing, appraisal, inspection, and quality certification;

b) Supporting the use of quality testing laboratories of enterprises participating in industry clusters and value chains;

c) Reducing 50% of the quality testing fees at the state-managed testing system, but not exceeding 10 million VND per test and not more than one test per year;

d) Supporting 50% of the costs for contracts with research institutes and schools to conduct experimental development of products and services, but not exceeding 30 million VND per contract and not more than one contract per year.

Chapter V

IMPLEMENTATION

Article 25. Responsibilities of Ministries, ministerial-level agencies, and government agencies

1. The Ministry of Planning and Investment assists the Government in uniformly managing state administration on supporting small and medium-sized enterprises (SMEs), and shall be responsible for:

a) Drafting, submitting to competent authorities for issuance or issuing within its authority consolidated documents governing support for SMEs;
b) Participating in providing opinions on support contents for SMEs, support programs for SMEs of ministries, ministerial-level agencies, government agencies, provincial People's Committees under central cities, and related organizations;

c) Compiling plans for support contents for SMEs, support programs for SMEs in accordance with the Law on Support for Small and Medium-Sized Enterprises and this Decree;

d) Taking the lead in allocating capital for development to implement support contents for SMEs, support programs for SMEs in accordance with the Law on Public Investment, the State Budget Law, and soliciting and mobilizing other sources of capital to support SMEs in accordance with the law;

đ) Coordinating with the Ministry of Finance to draft budgets and allocate regular expenditure funds to implement support for SMEs;

e) Managing and ensuring the operation of the National Portal for Supporting SMEs; publishing support information for SMEs as stipulated in points a and b, Clause 1, Article 14 of the Law on Support for Small and Medium-Sized Enterprises on the National Portal for Supporting SMEs;

g) Taking the lead in guiding support for business start-up training and business management training, direct training at SMEs as stipulated in Clause 1 and Clause 3, Article 14 of this Decree; organizing online training programs and training programs on other mass media for SMEs; guiding the operational regulations of the network of counselors as stipulated in Article 13 of this Decree; organizing inspections and supervision of advisory activities of the counselor network under ministries and ministerial-level agencies as stipulated in Clause 3, Article 13 of this Decree.

a) Based on the budget for regular expenditure to implement support for SMEs compiled by the Ministry of Planning and Investment, the Ministry of Finance allocates funds for regular expenditure to implement support contents for SMEs, support programs for SMEs in accordance with the State Budget Law;

2. The Ministry of Finance shall be responsible for:

b) Taking the lead in guiding financial mechanisms for supporting counseling for SMEs as stipulated in Article 13 of this Decree, guiding the management and use of state budget funds to support human resource development for SMEs as stipulated in Article 14 of this Decree;

c) Taking the lead in guiding the management and use mechanisms of state budget funds to support the implementation of support programs for SMEs after the program has been approved by the competent authority;

d) Establishing policies on tax exemption and reduction for corporate income tax, land use fee reduction for a limited period for SMEs converted from individual businesses;

đ) Taking the lead and coordinating with the State Bank of Vietnam to guide policies on interest rate subsidies for loans of innovative start-up SMEs, SMEs participating in industry clusters and value chains.

3. The Ministry of Labor, Invalids and Social Affairs shall take the lead in guiding support for vocational training for workers employed in SMEs as stipulated in Clause 2, Article 14 of this Decree.

4. Within their respective functions and powers, ministries, ministerial-level agencies, and government agencies shall be responsible for:

a) Drafting and implementing support programs for innovative start-up SMEs; SMEs participating in industry clusters and value chains within their areas of management;

b) Publishing information as stipulated in points a and b, Clause 1, Article 14 of the Law on Support for Small and Medium-Sized Enterprises on their electronic portals and sending it to the Ministry of Planning and Investment for compilation and publication on the National Portal for Supporting SMEs;

c) Establishing criteria and recognizing organizations and individuals within the counselor network in their industries and fields; publishing the counselor network on their websites while sending the Ministry of Planning and Investment for public announcement on the National Portal for Supporting SMEs; assigning subordinate units to organize, manage, inspect, supervise, and implement advisory activities for SMEs.

c) Establish criteria and recognize organizations and individuals within the advisory network in their respective industries and fields; publish the advisory network on their own electronic information website while sending to the Ministry of Planning and Investment for public announcement on the National Portal supporting small and medium enterprises; assign the main unit under the ministry or equivalent agency to organize, manage, inspect, supervise, and implement advisory activities for small and medium enterprises.

Article 26. Responsibilities of the Provincial People's Committee

1. Develop, amend, and promulgate policies to support small and medium-sized enterprises in accordance with the provisions of the law.

2. Ensure funding from the local budget for implementing support activities for small and medium-sized enterprises, including the Small and Medium-Sized Enterprise Support Program, in compliance with the Law on Supporting Small and Medium-Sized Enterprises and this Decree.

3. Develop and implement support programs for small and medium-sized enterprises transitioning from individual businesses; develop and implement support programs for innovative start-up small and medium-sized enterprises; and small and medium-sized enterprises participating in industry clusters and value chains within their jurisdiction.

4. Assign a lead unit to advise and guide individual businesses to register for conversion into enterprises as stipulated in this Decree.

5. Report annually to the Ministry of Planning and Investment and relevant agencies on the situation of supporting small and medium-sized enterprises in the locality.

Article 27. Responsibilities of the Leading Agency of the Small and Medium-Sized Enterprise Support Program

1. Lead the development and submission to competent authorities for approval of the Small and Medium-Sized Enterprise Support Program, ensuring the following principles:

a) Ministries and ministerial-level agencies submit decisions to the Prime Minister after consulting the Ministry of Planning and Investment and the Ministry of Finance;

b) Provincial People's Committees and municipal people's committees under the central government consult the Ministry of Planning and Investment to ensure consistency regarding synchronization, objectives, and key target groups for support before submitting proposals to the Provincial People's Councils for decision-making on policy directions prior to issuing decisions to approve and implement the program;

c) Based on available resources for support and specific characteristics of industries and sectors, determine the maximum value of support for all advisory contracts specified in Articles 21 and 24 of this Decree.

2. Develop regulations for coordination, supervision, and evaluation of the implementation of the Small and Medium-Sized Enterprise Support Program.

3. Establish a Selection Committee for participants in the Innovative Start-Up Small and Medium-Sized Enterprise Support Program as provided for in Clause 5, Article 20 of this Decree.

4. Implement, supervise, and evaluate the implementation of the Small and Medium-Sized Enterprise Support Program.

5. Report regularly each year to competent authorities and the Ministry of Planning and Investment on the progress of implementing the Small and Medium-Sized Enterprise Support Program.

Chapter VI

IMPLEMENTING PROVISIONS

Article 28. Transitional Provisions

From the date this Decree takes effect, support activities for small and medium-sized enterprises prior to the effective date of this Decree shall continue to be implemented according to the approved content, programs, and plans, and shall benefit from new support measures as prescribed in this Decree.

Article 29. Effective Date

This Decree takes effect from the date of issuance and replaces Government Decree No. 56/2009/NĐ-CP dated June 30, 2009.on assisting supporting developmentsmall and medium enterprises.

Article 30. Responsibility for Implementation

1. The Ministry of Planning and Investment is responsible for coordinating with ministries, ministerial-level agencies, governmental agencies, provincial people's committees, and municipal people's committees under the central government to implement this Decree, and report annually to the Prime Minister on the implementation status.

2. Ministers, heads of ministerial-level agencies, heads of governmental agencies, chairpersons of provincial people's committees, and municipal people's committees under the central government are responsible for enforcing this Decree./.