Decree No. 45/2012/ND-CP stipulates policies to promote rural industry, including support for rural industrial production and cleaner production. It applies to small and medium enterprises, cooperatives, households engaged in business, industrial production establishments, and organizations managing promotion of rural industry. The objectives are to develop rural industry, enhance production efficiency, create jobs, increase income, and protect the environment.
적용 범위
Organizations and individuals directly investing in and producing industrial and small-scale industrial products in districts, towns, townships, communes, and wards of second and third category cities; industrial production establishments applying cleaner production; domestic and foreign organizations and individuals participating in management and implementation of service activities to promote rural industry.
핵심 사항
- Training and vocational skill transmission to improve workers' skills (Article 4.1).
- Support to enhance enterprise management capacity and apply cleaner production (Article 4.2).
- Support for building technical demonstration models and technology transfer (Article 4.3).
- Development of outstanding rural industrial products and market expansion support (Article 4.4).
- Advisory services for rural industrial establishments in project investment planning, marketing, production management - financial accounting - human resources, joint ventures, and partnerships (Article 4.5).
🌐 이 문서의 사회적 영향
- Creating conditions for organizations and individuals to invest in developing rural industry and small-scale industry, enhancing production efficiency.
- Helping to protect the environment through the application of cleaner production.
- Increasing income and creating jobs for workers in rural areas.
❓ 자주 묻는 질문
What support do rural industrial establishments receive?
Rural industrial establishments receive vocational training support, enhancement of enterprise management capacity, development of outstanding products, and advisory services for project investment planning and marketing.
What is the national budget for promoting rural industry?
There is no specific information about the budget amount in this document. The budget is formed from state budget, sponsorships, and contributions from organizations and individuals.
Which industrial production establishments are prioritized?
Prioritized are industrial production establishments located in economically and socially disadvantaged areas, especially difficult areas; those developing mechanical and chemical industries serving agriculture, rural areas, and supporting industries.
What do other service organizations for promoting rural industry receive?
Other service organizations for promoting rural industry receive professional training, participate in rural industry promotion programs, plans, and projects organized by state agencies responsible for rural industry promotion activities.
How is the national and local rural industry promotion budget used?
The national and local rural industry promotion budgets are used for rural industry promotion activities as specified in Article 4 of this Decree, including vocational training, advisory services for project investment planning, marketing, and production management - financial accounting - human resources.
전문
|
THE GOVERNMENT Number: 452012/NĐ-CP |
SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
____________________
On May 21, 2012
|
DECREE
Promoting Industry
Based on the Law on the Organization of the Government dated December 25, 2001;
At the proposal of the Minister of Industry and Trade,
The Government promulgates the Decree on promoting industry.
PART I
GENERAL PROVISIONS
Article 1. Scope and Objectives
Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.
This Decree stipulates policies to encourage and support organizations and individuals participating in developing rural industrial production and applying cleaner production in industry (hereinafter referred to collectively as promoting industry activities).
Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.
a) Organizations and individuals directly investing in and producing industry - small-scale industry at districts, towns, townships, communes, and wards belonging to second and third category cities that have been converted from communes for no more than five years; including small and medium enterprises, cooperatives, business groups, households engaged in business established and operating in accordance with the law (hereinafter referred to collectively as rural industrial establishments).
b) Industrial production establishments applying cleaner production.
c) Domestic and foreign organizations and individuals participating in management and implementation of services promoting industry.
Article 2. Interpretation of Terms
1. The national program on promoting industry is a collection of contents and tasks regarding national and local promoting industry activities during each period (usually five years), approved by the Prime Minister, aimed at encouraging industrial development to enhance production efficiency, contributing to economic and social structure transformation, labor distribution in localities.
2. The promoting industry plan is a collection of projects and tasks on promoting industry annually, setting out specific progress and expected results to be achieved to meet the requirements of the national promoting industry program for each period. The national promoting industry plan is approved by the Minister of Industry and Trade; the local promoting industry plan is approved by the Chairman of the People's Committee of the province.
3. A promoting industry project is a project developed to implement one or several activities promoting industry as prescribed in Article 4 of this Decree. A promoting industry project has objectives, contents, beneficiaries, implementation time, and determined funding.
4. Outstanding rural industrial products are products produced by rural industrial establishments, having high quality and utility value; potential for production expansion and market development; meeting certain basic criteria concerning economy, technology, society; raw material usage; employment of workers and environmental protection requirements.
5. Cleaner production in industry is the application of management and technological solutions to improve the efficiency of natural resource, raw material, fuel, and material usage; reduce emissions and limit the degree of environmental pollution increase.
6. Promoting industry services are services needed to implement the activities promoting industry as prescribed in Article 4 of this Decree.
Article 3. Objectives of promoting small-scale industry activities
1. Mobilize and harness domestic and foreign resources to participate in or support organizations and individuals investing in industrial and small-scale industrial production.
2. Contribute to the transformation of the economic structure towards the development of industry - small-scale industry, creating jobs, increasing income, reassigning social labor, and contributing to building new rural areas.
3. Encourage and support cleaner production at industrial production establishments to improve the efficiency of natural resource, raw material, fuel, and material usage; reduce emissions and limit the degree of environmental pollution increase; protect and improve environmental quality and human health.
4. Support and create conditions for organizations and individuals of all economic sectors to invest in sustainable development of industry - small-scale industry, enhance competitiveness, effectively implement the process of international economic integration.
Chapter II
POLICIES FOR PROMOTING SMALL-SCALE INDUSTRY
Article 4. Contents of Promoting Small-Scale Industry Activities
1. Organize vocational training and skill transmission according to the needs of industrial establishments to create jobs and improve the skills of workers. The main form of vocational training and skill transmission is short-term, combining theory with practice.
2. Support improving enterprise management capacity, awareness, and ability to apply cleaner production in industrial production through consulting, training, seminars, forums; study tours both domestically and internationally. Support starting and establishing rural industrial production enterprises. Support expanding domestic and export markets for rural industrial products.
3. Support building demonstration models for technology; transferring technology and applying advanced machinery and modern scientific and technological techniques in industry - small-scale industry; building pilot models for applying cleaner production.
4. Develop outstanding rural industrial products through organizing competitions for outstanding rural industrial products. Support organizing trade fairs and exhibitions of rural industrial goods and handicrafts; support rural industrial establishments participating in trade fairs and exhibitions. Support building and registering trademarks and investing in exhibition rooms to introduce and promote products and other trade promotion activities.
5. Provide consulting assistance to rural industrial establishments in matters such as investment project preparation, marketing; production management - finance - accounting - human resources; establishment of enterprises; joint ventures and cooperation in production and business; design of product samples and packaging; application of new technologies and equipment. Provide consulting guidance and support for organizations and individuals to access preferential investment policies, land policies, science and technology policies, financial and credit policies, and other preferential policies of the State.
6. Provide information on policies for industrial development, promoting industry, market information, dissemination of typical experiences and models of production and business, cleaner production in industry, through forms such as: Producing television and radio programs; publishing newsletters and publications; building databases and online information websites; leaflets, brochures, and other mass media forms.
7. Support joint ventures, economic cooperation, development of industrial clusters, and relocation of establishments causing environmental pollution:
a) Support rural industrial establishments in forming associations and trade guilds. Support building business clusters.
b) Support detailed planning, investment in infrastructure construction, and attracting investment to develop industrial clusters.
c) Support for consulting and interest rates on loans for rural industrial establishments causing environmental pollution to relocate to industrial zones and clusters. Support for building environmental pollution treatment systems at industrial clusters and rural industrial establishments.
8. International cooperation in promoting small-scale industry, including activities:
a) Construction and participation in implementing activities promoting industry and cleaner production in international cooperation programs, projects, and plans.
b) Exchange and learn experiences in promoting industry, encouraging industrial development, managing industrial clusters, and cleaner production with foreign organizations and individuals in accordance with Vietnamese law.
c) Enhance the capabilities and qualifications of staff working in promoting small-scale industry through international cooperation programs and overseas study and survey programs.
9. Enhance management capacity and organization of promoting small-scale industry activities:
a) Develop programs, materials, and organize training, seminars, and professional upgrading for staff working in promoting small-scale industry.
b) Organize domestic study tours and experience exchanges; specialized seminars and conferences evaluating and summarizing promotional industry activities; build, maintain, and disseminate databases and electronic information websites on industry promotion and cleaner production.
c) Invest in material infrastructure and working equipment for provincial and regional Industry Promotion Centers; establish and maintain a network of industry promotion volunteers.
d) Develop phased promoting small-scale industry programs; annual promoting small-scale industry plans.
đ) Inspect, monitor, and guide the implementation of promoting small-scale industry programs, plans, and projects.
Article 5. List of industries and trades eligible for industrial promotion policies
1. Organizations and individuals specified in Points a and b Clause 2 Article 1 of this Decree investing in production in the following industries and trades shall enjoy industry promotion policies as stipulated in Article 4 of this Decree:
a) Processing industry of agriculture, forestry, fishery products, and food processing.
b) Production of industrial goods for consumption and export, and goods replacing imported products.
c) Chemical industry serving agriculture and rural areas; production of construction materials.
d) Production of products, spare parts; assembly and repair of mechanical, electrical, electronic - IT machinery and equipment; production, processing of components, semi-finished products, and supporting industries.
đ) Production of small-scale handicraft goods.
e) Extraction and processing of minerals in areas with difficult socio-economic conditions as defined by law; areas within the national target program for new rural development; highland, island, border land areas; ethnic minority regions; poor districts as defined by the Government.
g) Implementation of cleaner production in industrial establishments; treatment of environmental pollution in industrial clusters and rural industrial establishments.
2. Based on the economic and social development situation and the requirements of industry promotion work during each period, the Minister of Industry and Trade will submit
Article 6. Priority Principles
1. Priority areas: Prioritize programs and projects implemented in areas with difficult socio-economic conditions as defined by law; villages within the plan for the national target program for new rural development; highland, island, border land districts; ethnic minority regions; poor districts as defined by the Government.
2. Priority industries and trades:
a) Prioritize programs and projects supporting the development of mechanical and chemical industries serving agriculture and rural areas; processing industries for forestry, fishery, and agricultural products; supporting industries; implementation of cleaner production in industrial production.
b) Prioritize programs and projects supporting the development of outstanding rural industrial products; products under key product development programs; leading industries; national, regional, and local priority industries; production of exportable products; production using local raw materials and employing many workers.
3. The level of preferential funding support for programs and projects specified in Clauses 1 and 2 of this Article must ensure attracting organizations and individuals to invest in developing industry and small-scale handicrafts, and applying cleaner production in priority areas and industries.
Chapter III
ORGANIZATION OF INDUSTRIAL PROMOTION SYSTEM
Article 7. Central Industrial Promotion Organization
1. The Local Industry Department is the agency assisting the Minister of Industry and Trade in performing state management functions over industry promotion activities; organizing the implementation of the annual national industry promotion program according to the plan approved by the Minister of Industry and Trade.
2. The Minister of Industry and Trade decides to establish some National Industry Promotion Centers in regions under the Local Industry Department to implement national industry promotion programs in those regions.
Article 8. Local Promotion of Industry Organizations
1. Provincial level (provincial-level cities directly under the central government): The provincial People's Committee establishes an Industry Promotion Center as a public service unit under the Department of Industry and Trade to organize and implement industry promotion activities.
2. District level (districts, towns, counties, cities) based on task requirements, the provincial People's Committee considers and decides to establish branches under the provincial Industry Promotion Center.
3. Commune level (communes, wards, towns) based on task requirements, the provincial People's Committee considers and decides to establish a network of industry promotion volunteers to implement industry promotion activities at the commune level.
Article 9. Other Service Organizations for Promoting Industry
1. Other industry promotion service organizations are organizations and individuals not covered by Articles 7 and 8 of this Decree but have the capacity to implement industry promotion services.
2. These organizations are trained professionally and can participate in programs, plans, and projects for promoting industry organized by state management agencies responsible for promoting industry activities.
Article 10. Treatment for Promotion of Industry Volunteers
Promotion of industry volunteers receive remuneration for promoting industry as prescribed by the Chairman of the provincial People's Committee.
Chapter IV
PROMOTION OF INDUSTRY FUNDS
Article 11. Funds Ensuring Promotion of Industry Activities
Funding for industry promotion activities and funding for cleaner production in industry (hereinafter referred to as industry promotion funding) includes national industry promotion funding and local industry promotion funding.
1. National promotion of industry funds are funds used for promotion of industry activities managed and implemented by the Ministry of Industry and Trade.
2. Local industry promotion funding is managed and used by the provincial, district, or commune People's Committees for industry promotion activities carried out by local levels.
Article 12. National Promotion of Industry Funds
1. National promotion of industry funds are formed from the following sources:
a) Annual state budget according to the plan.
b) Sponsorship and contributions from organizations and individuals both domestically and internationally.
c) Other lawful sources as prescribed by law.
2. National promotion of industry funds are used for the following purposes:
a) Expenditure for national promotion of industry activities as stipulated in Article 4 of this Decree.
b) Other expenditures serving national promotion of industry activities.
Article 13. Local Promotion of Industry Funds
1. Local promotion of industry funds are formed from the following sources:
a) Annual budget of the provincial, district, or commune People's Committees.
b) Sponsorship and contributions from organizations and individuals both domestically and internationally.
c) Other lawful sources as prescribed by law.
2. Local promotion of industry funds are used for the following purposes:
a) Expenditure for promotion of industry activities organized and implemented by localities as stipulated in Article 4 of this Decree;
b) Other expenditures serving local promotion of industry activities.
Article 14. Management of National Promotion of Industry Funds and Local Promotion of Industry Funds
1. The plan and budget estimate for national industry promotion funding are prepared by the Ministry of Industry and Trade, incorporated into the annual budget estimate of the Ministry of Industry and Trade, and submitted to competent state agencies for approval in accordance with the law.
2. The plan and budget estimate for local industry promotion funding are prepared by the provincial, district, or commune People's Committees, incorporated into their annual budget estimates, and submitted to competent authorities for approval in accordance with the law.
3. Each year, the state management agency for industry promotion prepares the budget estimate simultaneously with the preparation of other budget estimates, sends it to the financial authority at the same level for consolidation into the budget allocation plan to be reviewed and decided upon by the competent authority in accordance with the State Budget Law.
4. National industry promotion funding and local industry promotion funding from the budget that has not been fully utilized in the planning year may be carried forward to the next year in accordance with current regulations.
5. The Ministry of Finance shall take the lead and coordinate with the Ministry of Industry and Trade to guide the procedures for establishing, managing, and using national industrial promotion funds and local industrial promotion funds.
Chapter V
STATE MANAGEMENT OF PROMOTION OF INDUSTRY ACTIVITIES
Article 15. Responsibilities of Ministries and Sectors
1. The Ministry of Industry and Trade assists the Government in performing state management functions over the promotion of industry activities according to the following contents:
a) Drafting and submitting to competent authorities for issuance, or issuing within its authority, legal normative documents on promoting industry activities.
b) Develop the national industrial promotion program for each phase, and submit it for approval.
c) Develop and implement the annual industrial promotion plan and project in accordance with the approved national industrial promotion program for each phase by the Prime Minister.
d) Serving as the focal point for coordinating with other ministries, sectors, and localities in guiding and resolving issues related to industry promotion activities.
đ) Cooperating with domestic and foreign organizations and individuals to attract capital and resources to serve industry promotion activities.
e) Organizing inspections, audits, handling complaints and denunciations in national industry promotion activities.
g) Monitoring, evaluating comprehensively, and reporting annually to the Prime Minister on the implementation of industry promotion programs and plans nationwide.
2. The Ministry of Planning and Investment shall take the lead and coordinate with relevant ministries and sectors to aggregate and review proposals to allocate funds from the central budget's development investment capital for constructing headquarters and equipping facilities for the National Industrial Promotion Center in various regions, and to support construction and equipment for the Industrial Promotion Centers in localities facing economic and social difficulties as prescribed by law.
3. The Ministry of Home Affairs shall take the lead and coordinate with the Ministry of Industry and Trade to guide the functions, tasks, authorities, organizational structure, and staffing of the provincial-level Industrial Promotion Centers.
4. Ministries, ministerial-level agencies, and government-affiliated agencies within their respective mandates shall be responsible for coordinating with the Ministry of Industry and Trade in performing state management functions over industrial promotion activities as prescribed by law.
Article 16. Responsibilities of Provincial People's Committees and Municipal People's Committees under Central Government
1. Provincial People's Committees perform state management functions over industry promotion activities within their jurisdiction, having the following tasks and powers:
a) Develop, amend, and promulgate policies, regulatory legal documents on industrial promotion work that comply with legal provisions and local conditions.
b) Building, approving, and organizing implementation of the local industry promotion program for each phase and annual plans and projects at the local level.
c) Deciding on forms of support from local industry promotion funds for industry promotion activities specified in Article 4 of this Decree as prescribed.
d) Ensuring local government budget funds to organize implementation of industry promotion activities at the local level in accordance with this Decree.
đ) Develop and submit to the Ministry of Industry and Trade for consolidation programs, plans, and projects on industrial promotion that utilize national industrial promotion funds.
e) Organize inspections, audits, and resolve complaints and denunciations in industrial promotion activities within the locality.
g) Engaging with domestic and foreign organizations and individuals to attract capital for local industry promotion activities.
h) Balance local budget funds to invest in constructing headquarters, facilities, and working tools for the provincial-level Industrial Promotion Center according to regulations.
i) Monitoring, evaluating, and quarterly reporting to the Ministry of Industry and Trade on local industry promotion activities.
2. The Department of Industry and Trade shall assist the People's Committee of the province in performing state management functions over industrial promotion activities at the local level.
Article 17. Rewards and Handling of Violations
1. Annually, the Ministry of Industry and Trade and the People's Committees of provinces and centrally-administered cities shall organize summaries, evaluations, lessons learned, and commendations for organizations and individuals who have outstanding achievements in industrial promotion activities.
2. Organizations and individuals who violate the provisions of this Decree shall be subject to disciplinary action, administrative penalties, or criminal prosecution, if they cause damage, they must provide compensation according to the law.
Chapter VI
IMPLEMENTING PROVISIONS
Article 18. Effective Date
This Decree takes effect from July 5, 2012, and replaces Government Decree No. 134/2004/NĐ-CP dated June 9, 2004, on encouraging rural industrial development.
Article 19. Responsibility for Implementation
1. The Ministry of Industry and Trade is responsible for guiding and organizing the implementation of this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.
PRIME MINISTER
원본 문서(PDF)
관계도
문서를 클릭하면 열립니다. 빨간 테두리＝효력을 변경하는 관계.