DECISION

PROMULGATING SCOPE OF CONSULTING SERVICES AND CRITERIA FOR RECOGNITION OF CONSULTANTS AND CONSULTANCIES WITHIN NETWORK OF CONSULTANTS AND CONSULTANCIES ASSISTING SMALL AND MEDIUM-SIZED ENTERPRISES IN AGRICULTURE AND RURAL DEVELOPMENT SECTOR

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

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

Pursuant to the Government’s Decree No. 80/2021/ND-CP dated August 26, 2021 on elaboration of some Articles of the Law on Provision of Assistance for Small and Medium Enterprises;

Pursuant to the Government’s Decree No. 15/2017/ND-CP dated February 17, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

At the request of the Director General of the Department of Enterprise Management.

HEREBY DECIDES:

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Article 2. This Decision comes into force from the day on which it is signed.

Article 3. Chief of the Ministry Office, Director General of Department of Enterprise Management, Director General of Department of Planning and Finance, heads of units and organizations and individuals concerned are responsible for the implementation of this Decision./.

PP. THE MINISTER
THE DEPUTY MINISTER




Nguyen Hoang Hiep

APPENDIX

CRITERIA FOR RECOGNITION OF CONSULTANTS AND CONSULTANCIES WITHIN NETWORK OF CONSULTANTS AND CONSULTANCIES ASSISTING SMALL AND MEDIUM-SIZED ENTERPRISES IN AGRICULTURE AND RURAL DEVELOPMENT SECTOR
(Enclosed with the Decision No. 58/QD-BNN-QLDN dated January 10, 2022 of the Minister of Agriculture and Rural Development)

A. SCOPE OF CONSULTING SERVICES IN AGRICULTURE AND RURAL DEVELOPMENT SECTOR

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2. Providing consultancy about personnel, finance, manufacturing, sale, market, internal administration and other contents relevant to  business operations of enterprises (clause 2 Article 13 of the Decree No. 80/2021/ND-CP).

3. Providing consultancy to startups (clauses 1, 4, 5 and 6 Article 22 of the Decree No. 80/2021/ND-CP).

4. Providing consultancy to SMEs participating in industry clusters and value chain (Article 25 of the Decree No. 80/2021/ND-CP).

- Providing consultancy about improving production and business association capacity (points a and b clause 2 Article 25 of the Decree No. 80/2021/ND-CP).

- Providing consultancy about information, brand development, connection and market expansion (points c, e and g clause 3 Article 25 of the Decree No. 80/2021/ND-CP).

- Providing consultancy about technical regulations, standards, measurement and quality (point a clause 4 Article 25 of the Decree No. 80/2021/ND-CP).

B. BUSINESS LINES ELIGIBLE FOR CONSULTING ASSISTANCE

(Under the Prime Minister’s Decision No. 27/2018/QD-TTg dated July 06, 2018 Vietnam Standard Industrial Classification):

1. Agriculture and related service activities

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b) Growing of perennial crops: growing of grapes; growing of tropical and subtropical fruits; growing of citrus fruits; growing of pome fruits and stone fruits; growing of longan, litchis and rambutans; growing of cashews; growing of pepper trees; growing of rubber trees; growing of coffee trees; growing of tea trees; growing of perennial spices, perennial pharmaceutical and aromatic crops.

c) Plant propagation: non-perennial plant propagation; perennial plant propagation.

d) Animal production: raising and breeding of cattle and buffaloes; raising and breeding of swine/pigs; raising of poultry.

dd) Mixed farming.

e) Support activities to agriculture: support activities for crop production; support activities for animal production; post-harvest crop activities; seed processing for propagation.

2. Forestry and related service activities

a) Silviculture, forest care and cultivation: silviculture and caring of standing timber; silviculture and caring of bamboo forest; forest tree nurseries; logging; extraction, gathering of non-wood forest products.

b) Support services to forestry: irrigation and drainage activities in service of forestry; contracting forestry-related works (digging, planting, caring, harvesting, etc.); Forest protection, forest pest control; forest protection, forest pest control; forestry inventories; forest management, forest fire fighting and protection; other support services to forestry; transport of logs and forest productions to the forest gate; little processing of timber within the forest; raising of, rescue, caring of forest animals and plants.

3. Fishing and aquaculture

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b) Aquaculture: marine aquaculture including fish farming, shrimp farming, farming of other aquatic animals, marine seed production; freshwater aquaculture including fish farming, shrimp farming, farming of other aquatic animals, freshwater seed production.

4. Manufacturing

Slaughtering of cattle and poultry; processing and preserving of meat and meat products; processing and preserving of fisheries and fishery products; processing and preserving of fruit and vegetables; manufacture of grain mill products; manufacture of prepared feeds for livestock, poultry and aquatic animals; manufacture of tea; manufacture of coffee; manufacture of beverages; manufacture of wood and of products of wood, cork, straw, etc.; manufacture of pesticides and other agrochemical products; manufacture of agricultural and forestry machinery; manufacture of wood.

5. Technical services and materials for agriculture, forestry, and fishery products

Plant varieties; livestock breeds; organic fertilizers; animal feeds; aquaculture feeds; agrochemicals; veterinary drugs; biological preparations; environmental remediation and improvement in agricultural and fishery production; mechanized farming equipment; electromechanical equipment for agriculture, technology and equipment for processing and preserving of agriculture, forestry, and fishery products. Standards, technical regulations, measurement and assessment of quality of products in agriculture and rural development sector.

C. CRITERIA FOR RECOGNITION OF CONSULTANTS AND CONSULTANCIES WITHIN NETWORK OF CONSULTANTS AND CONSULTANCIES IN AGRICULTURE AND RURAL DEVELOPMENT SECTOR

I. CRITERIA FOR RECOGNITION

1. Regarding consultants

- He/she has obtained at least a bachelor’s degree in the sector, provides consulting services or has a certificate of training or practicing certificate in relation to the scope of consulting services specified in Section A.

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- There have been at least 02 ongoing or completed consulting contracts covering one of the consulting services specified in Section A and business lines specified in Section B in the last 36 months before the date on which he/she applies for participation in the network of consultants and consultancies.

- He/she is not included in the list of consultants and consultancies removed from the network of consultants and consultancies (hereinafter referred to as “consultant network”) published on the national SMEs website portal.

b) A consultant who is a foreign worker: in addition to satisfying the criteria specified in point a, he/she shall comply with the regulations set out in clauses 2 to 5 Article 3 of the Government’s Decree No. 11/2016/ND-CP dated February 03, 2016.

2. Regarding consultancies

A consultancy is an organization which is established and operates under Vietnam’s laws; is not undergoing suspension or dissolution; provides enterprises with consultancy about one of the services and business lines specified in Sections A and B and fully satisfies the following criteria:

a) It has work premises and equipment.

b) It has at least 15 consultants who provide consultancy in one or more services specified in Section A and business lines specified in Section B; have worked for the consultancy for 12 consecutive months or more before the date on which it applies for participation in the network of consultants and consultancies.

c) There have been at least 05 ongoing or completed consulting contracts in the last 36 months before the date on which it applies for participation in the network of consultants and consultancies. Corresponding to each consulting service in Section A to be provided, there are at least 05 ongoing or completed consulting contracts.

II. APPLICATIONS FOR PARTICIPATION IN NETWORK OF CONSULTANTS AND CONSULTANCIES IN AGRICULTURE AND RURAL DEVELOPMENT SECTOR

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1. A consultant shall prepare an application consisting of:

- An application form for participation in the consultant network (Form No. 01).

- A résumé containing details on qualifications, experience, skills, etc., which is prepared according to the criteria set forth in clause 1 of Section C.

- Legitimate copies (in the last 06 months) of documents, certificates, etc. relating to the information provided (Presented together with their originals for comparison).

- A declaration of competence and experience in consulting (Table No. 01).

2. A consultancy shall prepare an application consisting of:

- An application form for participation in the consultant network (Form No. 02).

- A company profile, which is prepared made according to the criteria specified in clause 2 of Section C.

- Legitimate copies (in the last 06 months) of establishment and operation license or decision; documents, certificates, etc. relating to the information provided.

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III. INTERESTS AND OBLIGATIONS OF CONSULTANTS AND CONSULTANCIES WITHIN NETWORK OF CONSULTANTS AND CONSULTANCIES IN AGRICULTURE AND RURAL DEVELOPMENT SECTOR

Consultants and consultancies participating in the consultant network have the following interests and obligations:

1. Interests

a) Be given priority to join refresher training and short-term training courses to develop their competence and skills in consulting in agriculture and rural development sector according to the assistance programs funded by state budget.

b) Be given priority to provide and participate in providing assistance to SMEs according to the assistance programs funded by state budget.

c) Provide consulting services and participating in providing consulting services in agriculture and rural development sector as specified in this Decision; conduct negotiations and sign memorandum of agreement on provision of consulting services, consulting contracts; collect consulting fees under consulting contracts as specified in the Decree No. 80/2021/ND-CP; cancel or unilaterally terminate a consulting contract and claim compensation for damage if the SME using consulting services breaches the contract; request SMEs using consulting services to provide information and documents necessary for executing consulting contracts.

d) Exercise other rights as prescribed by law.

2. Obligations

a) Obligations and responsibilities prescribed by applicable regulations of law on provision of consulting services and execution of consulting services and regulations in Article 27 of the Law on Provision of Assistance for Small and Medium-Sized Enterprises.

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c) Comply with regulations of law on provision of consulting services, do not provide consulting services for personal gain and do not provide consulting services to enterprises which commit acts against the law.

d) Fully fulfill the obligations specified in consulting contracts; enable SMEs using consulting services to file applications for protection of their intellectual property rights for the results obtained from the consulting service unless otherwise specified in the consulting contracts; provide compensation to SMEs using consulting services in the case of breach of the consulting contracts.

dd) Fully discharge financial obligations as prescribed by law.

e) Discharge other obligations as prescribed by law.

3. Responsibilities

For a consultant or consultancy that violates the law or provides consulting services to an SME that violates the law, thereby resulting in the consultant or consultancy or both incurring criminal liability, such consultant or consultancy are not permitted to apply for participation in the consultant network within 36 months from the expiry of the period of imposing criminal liability.

IV. IMPLEMENTATION

1. Responsibilities of Department of Enterprise Management:

a) The Department of Enterprise Management shall manage and implement the regulations of the Law on Provision of Assistance for Small and Medium-Sized Enterprises and act as the contact point of the Ministry of Agriculture and Rural Development to submit to the Ministry a consolidated list of consultants and consultancies participating in the network of consultants and consultancies in agriculture and rural development sector in accordance with this Decision.

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2. Responsibilities of units affiliated to the Ministry of Agriculture and Rural Development:

- Managing units, institutes and schools affiliated to the Ministry of Agriculture and Rural Development shall rely on the criteria specified in this Decision to receive applications for participation, select and recognize individuals and organizations to participate in the network of consultants and consultancies assisting SMEs in relation to the consulting services specified in Section A and business lines under their management specified in Section B and submit a report thereon to the Ministry of Agriculture and Rural Development.

- The Center for Informatics and Statistics affiliated to the Ministry of Agriculture and Rural Development shall cooperate with the Department of Enterprise Management in updating the list of consultants and consultancies within the network of consultants and consultancies in agriculture and rural development sector on the web portal of the Ministry.

3. Responsibilities of Departments of Agriculture and Rural Development of provinces and central-affiliated cities

Departments of Agriculture and Rural Development of provinces and central-affiliated cities shall receive applications for participation, select and recognize individuals and organizations to participate in the network of consultants and consultancies assisting SMEs in relation to the consulting services and business lines specified in Sections A and B and submit a list of consultants and consultancies participating in the consultant network to the Ministry of Agriculture and Rural Development for approval.

4. Funding for implementation

Funding sources from the Ministry of Agriculture and Rural Development; Ministry of Planning and Investment; raised capital and other donations prescribed by applicable financial policies.

6. Transitional clause

If any of the documents is amended or replaced, the newest one shall prevail./.