CIRCULAR

ON GUIDELINES FOR ORGANIZATION AND OPERATION OF CONSULTANT NETWORK, CONSULTANCY SUPPORT FOR SMALL AND MEDIUM-SIZED ENTERPRISES THROUGH CONSULTANT NETWORK

Pursuant to the Law on Assistance for Small and Medium-Sized Enterprises;

Pursuant to Government's Decree No. 39/2018/ND-CP dated March 11, 2018 on guidelines for the Law on Assistance for Small and Medium-Sized Enterprises;

Pursuant to the Government's Decree No. 86/2017/ND-CP dated July 25, 2017 on functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

At the request of Director of Department of Enterprise Development;

The Minister of Planning and Investment promulgates a Circular on guidelines for organization and operation of consultant network, consultancy support for small and medium-sized enterprises through consultant network.

Article 1. Scope

This Circular provides guidelines for organization and operation of consultant network; consultancy support for small and medium-sized enterprises through consultant network as prescribed in Article 13 of Government's Decree No. 39/2018/ND-CP dated March 11, 2018 on guidelines for the Law on Assistance for Small and Medium-Sized Enterprises.

Article 2. Regulated entities

1. Regulated entities in Article 2 of the Government's Decree No. 39/2018/ND-CP dated March 11, 2018 on guidelines for the Law on Assistance for Small and Medium-Sized Enterprises (SMEs).

2. This Circular does not apply to consultancy support for creative SME startups and SMEs engaging in industrial clusters and value chains prescribed in Chapter IV, Government's Decree No. 39/2018/ND-CP dated March 11, 2018 on guidelines for the Law on Assistance for Small and Medium-Sized Enterprises. The consultancy support for these types of enterprises shall be provided in accordance with the schemes for assistance for SMEs approved by the competent authorities.

Article 3. Organization of consultant network, consultancy support for small and medium-sized enterprises through consultant network

The consultant network shall be organized and operated as prescribed in Article 13 of the Government's Decree No. 39/2018/ND-CP dated March 11, 2018 on guidelines for the Law on Assistance for Small and Medium-Sized Enterprise; including the following activities:

1. Organizing consultant network:

a) Establishing requirements and recognizing members of the consultant network.

b) Publishing consultant network.

c) Managing, supervising, and evaluating operation of consultant network.

2. Providing consultancy support for SMEs:

a) SMEs choose consultants in the consultant network.

b) Receive applications for consultancy support.

c) Approve consultancy support.

c) Manage, supervise, and evaluate the consultancy for SMEs.

Article 4. Establishing requirements and recognizing members of the consultant network and publishing consultant network

1. The establishment of requirements and recognition of members of consultant network shall be implemented in accordance with Clause 4, Article 13 of the Government's Decree No. 39/2018/ND-CP dated March 11, 2018 on guidelines for the Law on Assistance for Small and Medium-Sized Enterprises. Ministries, ministerial-level agencies shall build online software in order for eligible entities to register and be automatically recognized as members in the consultant network.

2. Information about consultant network contains: names of consultants and qualifications of consultants (using the form in Appendix 1 and Appendix 2 issued herewith) published on website of Ministries and ministerial agencies having the consultant network and SME assistance national portal prescribed in Clause 4 Article 13 and Point c, Clause 4, Article 25 of the Government's Decree No. 39/2018/ND-CP dated March 11, 2018 on guidelines for the Law on Assistance for Small and Medium-Sized Enterprises.

Article 5. SMEs choosing members of consultant network

1. Based on the information about consultant network posted on SME assistance national portal, websites of Ministries, ministerial agencies, SMEs shall choose, access, negotiate and conclude minutes of settlement of consulting services with members of consultant network (hereinafter referred to as minutes of settlement of consulting services).

2. The minutes of settlement of consulting services contain:

a) Name and communications of SME; consultant.

b) Consultancy contents and scope.

c) Rights and obligations and duties of parties in minutes of settlement of consulting services.

d) Time limit and schedule of performance of consulting services.

dd) Service charge and method of payment: clarifying the consulting charge remission amount seeking funding from state budget.

e) Expected results of consulting services.

g) Other agreements in respect of consulting services.

Article 6. Receipt of applications for consultancy support

1. According to the objectives and allocated consultancy supportive budget, SME supporting bodies affiliated to Ministries, ministerial-level agencies, the People’s Committee of province (hereinafter referred to as SME supporting bodies) provide guidelines and receive applications for consultancy support of SMEs. Eligible entities, time and place of receiving applications for consultancy support shall be published on website of the SME supporting bodies and SME assistance national portal.

2. The SME shall submit an application for consultancy support following the guidelines of the SME supporting body and declare consultancy support aids received in the year seeking the support. The SME takes responsibility for accuracy, truthfulness and sufficient legal bases of the declaration.

3. The application for consultancy support shall be made in accordance with Clause 2, Article 13 of the Government's Decree No. 39/2018/ND-CP dated March 11, 2018 on guidelines for the Law on Assistance for Small and Medium-Sized Enterprises.

Article 7. Approval for consultancy support

1. The SME supporting body shall consider approving the application for consultancy support based on the following requirements:

a) The SME meets requirements prescribed in Article 6 of the Government's Decree No. 39/2018/ND-CP on guidelines for the Law on Assistance for Small and Medium-Sized Enterprises.

b) The consultant is a member of the consultant network.

c) The proposing budget is conformable to the support amount prescribed in Article 13 of the Government's Decree No. 39/2018/ND-CP on guidelines for the Law on Assistance for Small and Medium-Sized Enterprises.

d) The contents of the minutes of settlement of consulting services are made in accordance with regulations and in conformity with the demand of the SME.

2. The decision on approval for consultancy support for SME must specify the support amount, duration, remission of consulting charge of the consultancy contract.

3. Within 10 working days from the date on which the consultancy support is approved, the SME supporting body shall publish information about the support on its website and SME assistance national portal (using the form prescribed in Appendix 3 hereof).

4. According to the decision on approval for consultancy support, the SME shall conclude, perform, inspect, complete and pay the consultancy contract costs; and request the SME supporting body to refund the remission amount of consulting charge based on the decision on approval.

5. The SME supporting body shall manage and maintain documents relating to each consultancy contract in accordance with applicable regulations and laws as the basis for payment, statement, and inspection of documents including (originals or copies): application for consultancy support; decision on approval for consultancy support; consultancy contract and certificate of acceptance and completion of consultancy contract; relevant invoices and financial documents.

Article 8. Management, supervision, and evaluation of operation of consultant network, consultancy support for SMEs through consultant network

1. Ministries, ministerial agencies shall assign centralized units to manage, supervise and evaluate organization and operation of consultant network of the industries or sectors in charge as prescribed in Point c, Clause 4, Article 25 of the Government's Decree No. 39/2018/ND-CP on guidelines for the Law on Assistance for Small and Medium-Sized Enterprises.

2. Annually, the centralized unit shall review and evaluate operation of the consultant network; disbar members who have committed violation of law or have advised SMEs of committing violation of law from the consultant network; and publish information on websites of Ministries, ministerial agencies, and SME assistance national portal (using the form prescribed in Appendix 4 issued herewith).

3. Ministries, ministerial agencies, the People’s Committees of provinces shall assign SME supporting bodies to plan, provide consultancy support, supervise, and evaluate the consultancy support for SMEs through the consultant network.

4. Where a SME or consultant is found committing violation of law or concluding a contract in a dishonest manner for the purpose of appropriating the state support, the SME supporting body shall give notice to the centralized unit so as to disbar that consultant from the consultant network; and take actions as per the law and publish the information on its website; and give a notice to the Ministry of Planning and Investment (using the form prescribed in Appendix 4) for monitoring, consolidation and publishing on the SME assistance national portal.

Article 9. Report on consultancy support for SMEs through consultant network

Ministries, ministerial agencies, People’s Committees of provinces shall send reports on operation of the consultant network and provide consultancy support for SMEs through the consultant network (using the form prescribed in Appendix 5 issued herewith) to the Ministry of Planning and Investment, and then the Ministry of Planning and Investment shall make a final report on consultancy support for SMEs as prescribed in Clause 1 Article 22 of the Law on Assistance for Small and Medium-Sized Enterprises.

Article 10. Entry in force

1. This Decree comes into force as of May 12, 2019.

2. Where any of documents referred to in this Circular expires and is replaced by another document, the replacing document shall prevail.

3. Ministers, heads of ministerial agencies, Presidents of People’s Committees of provinces, heads of relevant entities shall implement this Circular. The difficulties that arise during the implementation must be reported to the Ministry of Planning and Investment for consideration./.