Quyết định 279/2005/QĐ-TTg của Thủ tướng Chính phủ về việc ban hành Quy chế xây dựng và thực hiện Chương trình xúc tiến thương mại quốc gia giai đoạn 2006-2010

DECISION

PROMULGATING THE REGULATION ON ELABORATION AND IMPLEMENTATION OF THE 2006-2010 NATIONAL TRADE PROMOTION PROGRAM

THE PRIME MINISTER

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

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

At the proposal of the Minister of Trade,

DECIDES:

Article 1.

To promulgate together with this Decision the Regulation on elaboration and implementation of the 2006-2010 national trade promotion program.

Article 2.

This Decision takes effect 15 days after its pulication in CONG BAO. To annul the provisions of earlier legal documents on national trade promotion programs, which are contrary to the provisions of the Regulation promulgated together with this Decision.

Article 3.

To promulgate together with this Decision the Regulation on elaboration and implementation of the 2006-2010 national trade promotion program.This Decision takes effect 15 days after its pulication in ''CONG BAO.'' To annul the provisions of earlier legal documents on national trade promotion programs, which are contrary to the provisions of the Regulation promulgated together with this Decision.The Ministers of Trade and Finance; heads of ministries and ministerial-level agencies, andheads of government-attached agencies shall have to implement this Decision.

REGULATION

ON ELABORATION AND IMPLEMENTATION OF THE 2006-2010 NATIONAL TRADE PROMOTION PROGRAMS
(Promulgated together with the Prime Minister’s Decision No. 279/2005/QD-TTg dated November 3, 2005)

Chapter I

GENERAL PROVISIONS

Article 1.

National trade promotion program

National trade promotion program

1. The national trade promotion program is a State-funded trade promotion program elaborated according to the export market and commodity line orientations mapped out in the 2006-2010 export strategy.

2. The national trade promotion program aims to enhance trade promotion activities, develop export markets; create initial conditions for building material foundations in service of trade promotion activities; contribute to raising business capacity of the enterprise community; associate trade promotion activities with investment promotion and tourism advertisement.

3. Except for the contents specified in Clauses 8 and 10, Article 9 of this Regulation, the Prime Minister shall authorize the Minister of Trade to base on the provisions of this Regulation and current provisions of law on management of trade promotion activities to sum up, approve and organize the implementation of annual national trade promotion programs.

Article 2.

Regulation scope

This Regulation provides for the elaboration and support for implementation of the 2006-2010 national trade promotion program (hereafter called the Program for short).

Article 3.

Application subjects

This Regulation shall apply to:

1. Enterprises of all economic sectors established under current provisions of law, which have trade promotion schemes included in the Program elaborated, evaluated and supported for implementation according to the provisions of this Regulation.

2. Agencies presiding over the Program include governmental trade promotion organizations under ministries or ministerial-level agencies; non-governmental organizations; business associations, Vietnam Chamber of Commerce and Industry, Vietnam Union of Cooperatives, Association of Young Entrepreneurs; business corporations (for business lines without associations).

Article 4.

Requirements for the Program

1. To expand markets and develop export in line with export development orientations for different business lines and the 2006-2010 export strategy.

2. To be compatible with its contents of support specified in Article 9, Chapter II of this Regulation.

3. To be feasible and reasonable in terms of implementation mode, time and tempo; human and financial resources, material and technical foundations.

Article 5.

Units presiding over the Program

1. Units presiding over the Program mean organizations defined in Clause 2, Article 3 of this Regulation, which shall act as the major agencies to elaborate and implement the Program and receive support funding under the provisions of this Regulation.

2. Units presiding over the Program shall have to fully meet the following conditions:

a) Having the legal person status;

b) Having full capacity for organizing the implementation of the Program;

c) Implementing the Program for the benefits of the enterprise community and not for profit-making purposes.

Article 6.

Units implementing the Program

Units implementing the Program mean enterprises of all economic sectors mentioned in Clause 1,Article 3 of this Regulation, which directly materialize the Program's contents and enjoy support funding under the provisions of this Regulation.

Article 7.

Support funding for implementation of the Program

Support funding for implementation of the Program

The State shall provide support funding for the implementation of the Program on the following principles:

1. Funding for implementation of the Program shall be contributed by the implementing enterprises; the State shall support only part of funding through units presiding over the Program.

2. Units presiding over or implementing the Program must use the funding in a thrift and efficient manner and take responsibility for expenditure contents in accordance with current financial regulations.

3. Source of support funding for implementation of contents of the Program shall be the Export Assistance Fund set up under the Prime Minister's Decision No. 195/1999/QD-TTg dated September 27, 1999.

Article 8.

Trade promotion activities through trade promotion organizations under provincial/municipal People's Committees

1. Enterprises of different economic sectors under provincial/municipal People's Committees shall, apart from participating in the national trade promotion program through units presiding over it as defined in this Regulation, be entitled to engage in other trade promotion contents under regulations and guidance of provincial/municipal People's Committee presidents, in suitability with local business and commercial situation.

2. Provincial/municipal People's Committees shall take initiative in coordinating with the Ministry of Trade to be advised on the elaboration of trade promotion contents compatible with the contents of this Regulation and current provisions of law on management of trade promotion activities.

3. Sources of funding to support the above-mentioned trade promotion activities shall come from trade promotion assistance funds set up by provinces and cities on the basis of rewards for local budgets' revenue overachievement and other legitimate financial sources mentioned in the Government's Resolution No. 05/2002/NQ-CP dated April 24, 2002.

The Ministry of Finance shall guide provinces and cities to set up these funds.

Chapter II

PROGRAM’S CONTENTS ELIGIBLE FOR SUPPORTS AND LEVELS OF SUPPORT

Article 9.

Program's contents eligible for supports

The Program's contents (trade promotion schemes) eligible for supports include:

1. Trade information and export propagation, including the organization of Vietnam trips for representatives of foreign mass media agencies to write about Vietnam's exports.

2. Hiring domestic and foreign experts to advise on development of export and designing of models and products to raise the quality of goods and services.

3. Organizing domestic and overseas training for improvement of export capacity and business skills. For overseas training courses, the support shall be concentrated on specialized training courses of no more than 3 months to develop new products.

4. Organizing, participating in trade fairs and/or exhibitions

a) Organizing or participating in overseas trade fairs and/or exhibitions

- For multi-branch fairs and/or exhibitions, each must have at least 15 standard commodity pavillions (3m x 3m) or involve at least 12 enterprises;

- For specialized fairs and/or exhibitions, each must have at least 7 standard commodity pavilions or involve at least 5 enterprises;

b) Organizing domestic fairs and/or exhibitions of export goods

- For fairs and/or exhibitions in centrally-run cities, each must have at least 200 standard commodity pavilions or involve at least 150 enterprises;

- For fairs and/or exhibitions in other localities, each must have at least 150 standard commodity pavilions or involve at least 120 enterprises. Particularly for fairs and/or exhibitions in localities sharing borderlines with neighboring countries, each must have at least 100 standard commodity pavilions or involve at least 80 enterprises.

5. Organizing delegations for market survey or commercial transactions in foreign countries

a) For multi-branch delegations, each must involve at least 15 enterprises;

b) For specialized delegations, each must involve at least 7 enterprises.

6. Organizing general promotion activities (combining trade with investment and tourism) to boost the export of Vietnamese goods and services and attract foreign investment and tourists to Vietnam as well.

7. Introducing typical brands of goods or services, which have been awarded export prizes by the Prime Minister under annual national branding programs to foreign markets and support them penetrate into such markets.

8. Building trade promotion infrastructure at home and abroad

a) To set up overseas trade promotion centers;

b) To set up domestic trade promotion centers;

9. Formulating and applying an electronic business process; applying branch standards on electronic data exchange.

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

Article 10.

Support levels

1. To support 50% of expenses for the contents specified in Clauses 2, 3 and 6, Article 9 of this Regulation.

2. To support the contents specified in Clauses 4 and 5, Article 9 of this Regulation, concretely:

a) To support 100% of expenses for commodity pavilions, overall decoration of fairs and organization of workshops (if any), for the contents specified at Point a, Clause 4, Article 9 of this Regulation;

b) To support 50% of cost expenses for commodity pavilions (including ground rental, framework, electricity and water supply, sanitation, security... services), based on bid prices or pavilion-building costs of the previous years; and 100% of expenses for advertisement and popularization, for the contents specified in Clause 4, Article 9 of this Regulation;

c) To support 100% of airfares and costs of organization of workshops and commercial transaction meetings, for the contents specified in Clause 5, Article 9 of this Regulation;

d) To support participation in fairs combined with foreign market survey as follows: To support participation in fairs according to Point a, Clause 2 of this Article and support 100% of expenses for travel from fair venues to survey places under approved programs on foreign market surveys. In cases where enterprises do not register commodity pavilions but only participate in fairs and market survey, they shall be supported according to Point c, Clause 2 of this Article;

e) To support 100% of expenses for officers of units presiding over the Program to organize, manage and guide the contents stated in Clauses 4 and 5, Article 9 of this Regulation according to the regulations for State officials and public employees, who make budget-funded short-term working trips overseas. The number of people enjoying supports shall be as follows: one, for a delegation involving less than 11 enterprises; two, for a delegation involving between 11 and 20 enterprises; three, for a delegation involving between 21 and 40 enterprises; and four, for a delegation involving 41 enterprises or more.

3. To support 70% of expenses for the contents specified in Clauses 1, 7 and 9, and between 50% and 70% of initial expenses for the contents stated in Clause 8, Article 9 of this Regulation.

4. The Prime Minister shall consider and decide on supports for the contents specified in Clause 8, Article 9 of this Regulation on the basis of the scheme on establishment and building of trade promotion centers already approved by competent authorities according to current provisions of law on investment and capital construction and written evaluation of the Ministry of Trade.

Article 11.

The Ministry of Trade shall reach agreement with the Ministry of Trade to announce standards norms on initial expenses for establishment and building of trade promotion centers under the provisions of Clause 3, Article 10 of this Regulation.

Article 12.

Procedures for the grant of supports

After the Program is approved, based on its cost estimates and implementation schedule, the Ministry of Finance shall make deduction from the Export Assistance Fund to advance support money amounts to units presiding over the Program.

The Ministry of Finance shall guide specific procedures.

Article 13.

Final settlement of support money

Annually, units presiding over the Program shall have to sum up all vouchers on actual revenues and expenditures according to the provisions of Article 10 of this Regulation and send final settlement reports to the Ministry of Finance and enterprises involved in implementation of the Program.

The final settlement shall comply with current financial regulations and guidance of the Ministry of Finance.

Article 14.

Accounting of support money

1. Units implementing the Program's contents shall be entitled to account implementation expenses into cost prices and circulation charges.

2. Units presiding over the Program shall account separately and fully revenues and expenditures of the Program in strict compliance with the provisions of law.

Chapter III

ELABORATION AND EVALUATION OF THE PROGRAM

Article 15.

Proposing and accepting the Program

1. Units presiding over the Program shall send the Ministry of Trade and the Ministry of Finance their proposals on the Program, made according to the form set by the Ministry of Trade.

2. Within 7 working days after receiving proposals on the Program, the Ministry of Trade shall have to notify in writing the acceptance of such proposals to the units presiding over it.

3. A program for the subsequent year must be sent before July 1 of the year preceding the plan year.

Article 16.

Evaluating, approving the Program

1. The Ministry of Trade shall assume the prime responsibility for, and coordinate with the Ministry of Finance and relevant agencies in, elaborating and promulgating a working Regulation for the Program Evaluation Council (hereinafter called Evaluation Council for short); formulate norms for approval of trade promotion schemes under the Program.

The Evaluation Council shall have to consider and assess contents of trade promotion schemes of units presiding over the Program and adjust and sum them up into the annual national trade promotion program according to the set requirements and objectives; and report it to the Minister of Trade for approval.

2. The Evaluation Council comprises:

- Its chairman being a leader of the Ministry of Trade.

- Its members being representatives of the Ministry of Finance, the Ministry of Trade and relevant agencies.

3. Evaluation order and procedures

a) Within 45 working days after giving written certification of the valid acceptance of the Program according to the provisions of Clause 2, Article 15 of this Regulation, the Evaluation Council shall conduct evaluation and invite units presiding over the Program and units participating in the Program, if necessary, to defend the Program before it;

b) Within 20 working days after completing the evaluation of the Program, the chairman of the Evaluation Council shall send a sum-up report to the Minister of Trade for consideration and approval of the Program.

4. The Minister of Trade shall publicize contents of the approved Program.

Chapter IV

ORGANIZATLON OF IMPLEMENTATLON AND HANDLING OF VIOLATIONS

Article 17. Inspection and supervision of implementation of the Program

1. The Ministry of Trade shall assume the prime responsibility for, and coordinate with the Ministry of Finance and relevant agencies in, inspecting and supervising the implementation of the Program; ensure that the program is implemented strictly according to the set requirements, contents and schedule; ensure its efficiency and compliance with current provisions of law.

2. Units presiding over the Program must supply all documents and information related to the Program, and create favorable conditions for inspection and supervision under the provisions of Clause 1 of this Article.

Article 18.

Adjustment and termination of the Program

1. In cases where it is required to adjust the approved Program, the units presiding over it must send a written request to the Evaluation Council and the Ministry of Trade so that the latter may report it to the Minister of Trade for consideration and decision.

2. If detecting that units presiding over the Program commit violations in realization of the requirements, objectives, contents or schedule of the Program or deeming that the Program's contents must be changed, the Evaluation Council shall report to the Minister of Trade for decision the termination or adjustment of the Program.

Article 19.

Reporting on implementation of the Program

1. Units presiding over the Program must send reports on implementation and assessment of results of the Program and proposals (if any) to the Ministry of Trade and the Ministry of Finance at least before November 1 annually and 15 days after the completion of the Program, in case no report has been made; and notify units involved in the Program of relevant reports as well.

2. The Ministry of Trade, the Ministry of Finance shall, based on their functions, tasks and powers, have to monitor and sum up the implementation of the Program; report to the Prime Minister on matters falling beyond the Regulation or their powers.

Article 20.

Handling of violations

1. Organizations and individuals committing acts of violating this Regulation shall, depending on the seriousness of their violations, be handled according to the current provisions of law.

2. The Evaluation Council shall not consider the approval of a subsequent annual program for units presiding over the previous program, which fail to comply with the reporting and final settlement provisions of this Regulation.