PRIME MINISTER | SOCIALIST REPUBLIC OF VIETNAM |
No.72/2010/QD-TTg | Hanoi, November 15, 2010 |
DECISION
PROMULGATING REGULATIONS ON DEVELOPING, MANAGING AND RUNING NATIONAL TRADE PROMOTION PROGRAM
PRIME MINISTER
Pursuant to the Law on Government organization dated December 25, 2001;
Pursuant to Decree No.189/2007/ND-CP dated December 27, 2007 of the Government on functions, duties, rights and organizational structure of the Ministry of Industry and Trade;
At the request of the Minister of Industry and Trade,
HEREBY DECIDES:
Article 1.The procedure for developing, managing and running national trade promotion program is issued together with this Decision.
Article 2.This Decision comes into force from January 01, 2011 and applies for development, management and running of national trade promotion program in 2011.
Article 3.Minister of Industry and Trade, Ministers of Finance and Ministers of relevant ministries, Directors of ministerial agencies and Governmental agencies and Chairman of People's Committees of provinces and centrally-affiliated cities shall take responsibility to implement this Decision./.
| MINISTER |
PROCEDURE
FOR DEVELOPING, MANAGING AND RUNNING NATIONAL TRADE PROMOTION PROGRAM
(Issued together with Decision No.72/2010/QD-TTg dated November 15, 2010 of the Prime Minister)
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope and regulated entities
1. This procedure provides for development, management and running of national trade promotion program (hereinafter referred to as “the program”).
2. This procedure applies for entities presiding over the implementation of the program (hereinafter referred to as "presiding bodies), participants in the program, supervisory authorities and funding authorities.
Article 2. Objectives of the program
National trade promotion program is the program set up with a view of development of export, domestic market and trade in mountainous areas, bordering areas and islands in consistent with the strategy on socio-economic development in each period which is approved by the Government and is aimed at:
1. enhancing trade promotion activities develop export, domestic market and trade in mountainous areas, bordering areas and islands;
2. giving assistance in planning and operation of commercial infrastructure;
3. helping to increase capacity of production and business of enterprises;
4. connecting trade promotion activities with investment and tourism.
Article 3. Presiding bodies
1. Presiding bodies include governmental and non-governmental trade promotion organizations, industry associations or representative companies which proposes a trade promotion scheme satisfying objectives, requirements and criteria specified herein and approved by the Minister of Industry and Trade.
2. The presiding body shall:
a) has legal status; and;
b) be capable to mobilize resources for running the program; and;
c) have a specific strategy on development of products in the target market; and;
d) thoroughly understand the trade promotion requirement of the enterprise; and;
dd) have experience and capacity in performing trade promotion activities; and;
e) run the program for interests of the enterprise community, not for profit purpose.
3. Presiding bodies may receive funding for the program and shall take responsibility to make funding finalization as per State's regulations in force.
Article 4. Participants in the Program
Participants in the Program are enterprises of all economic sectors, cooperatives and trade promotion organizations of Vietnam established as per provisions of the law in force. Participants in the Program will receive a funding according to regulations herein and shall take responsibility to improve the efficiency in trade promotion schemes in which they participate.
Article 5. Supervisory authorities
1. The Ministry of Industry and Trade, who is authorized to manage the program by the Government, shall:
a) preside over and cooperate with relevant ministries and local authorities in disseminating orientation to develop export, domestic market and trade in mountainous areas, bordering areas and islands according to the strategy, planning and sector development schemes approved by competent authorities.
b) provide guidelines for setting up the trade promotion scheme in compliance with regulations herein;
c) establish criteria applied to the trade promotion scheme in consistent with objectives and requirements of the program;
d) assess, appraise and approve the scheme to include it in the program;
dd) carry out supervision and inspection of implementation of schemes included in the program;
h) manage funding for national trade promotion;
g) make a consolidated report on results of implementation of the program and send it to the Prime Minister and relevant agencies.
2. The Minister of Industry and Trade shall set up and issue a working procedure applied to the Steering Committee for the program (hereinafter referred to as “the Steering Committee”), council for program appraisal (hereinafter referred to as “the appraisal council”) and the Management Committee for the program (hereinafter referred to as “the Management Committee”) to help the Ministry of Industry and Trade manage the program.
a) The Steering Committee shall be set up and leaded by the Minister of Industry and Trade and take on duties of guiding the program, deciding scale and total funding for trade promotion activities, including development of export, domestic market and trade in mountainous areas, bordering areas and islands.
b) The appraisal council shall be established under decision of the Minister of Industry and Trade and include representatives of relevant ministries and one Chairperson which is the head of the Ministry of Industry and Trade. The council shall appraise trade promotion schemes proposed by presiding bodies and include them in annual national program which is sent to the Minister of Industry and Trade for approval purpose. The council may invite experts for consultancy during the appraisal.
c) The Management Committee shall be set up by the Minister of Industry and Trade and leaded by the Director of Trade Promotion Department. The Management Committee shall provide guidelines for developing, receiving and generally assessing trade promotion schemes as per regulations herein, send consolidated scheme to the appraisal council, carry out supervision and inspection of scheme implementation, send consolidated reports on results of such implementation to the Minister of Industry and Trade, receive and manage funding for the program provided by the State.
Article 6. Funding for the program
1. Funding for the program shall be allocated from:
a) State budget provided according to annual plan
b) Contributions from participants in the program
c) Aids from domestic and foreign organizations/individuals
d) Other legal funding sources as per law provisions
2. State budget shall provide funding for the program adhering to the principle that:
a) Funding for the program is given in annual estimate of budget expenditure of the Ministry of Industry and Trade.
b) Participants in the program receive assistance through the presiding body.
Article 7. Management of funding for national trade promotion
1. The Ministry of Industry and Trade shall prepare a plan and funding estimate, and include it in annual budget estimate of the Ministry of Industry and Trade then submit such estimate to competent regulatory agencies for approval purpose in compliance with law provisions.
2. After such estimate is approved by National Assembly and the expenditure estimate is given by the Ministry of Finance, Minister of Industry and Trade shall grant approval for the program and funding adhering to the principle that total funding amount for schemes included in the program shall not exceed the estimated one which has been approved.
3. According to the decision on program approval issued by the Minister of Industry and Trade, the Trade Promotion Department shall enter into a contract for running schemes included in the program with presiding bodies and make liquidation and finalization of the funding under provisions of the signed contract, and directly carry out schemes included in the program under its own management.
The Minister of Industry and Trade shall stipulate the signing and execution of the aforesaid contract.
4. The unused amount of funding for national trade promotion provided by state budget in the planning year shall be added for use in the following year.
5. The Ministry of Finance shall preside over and cooperate with the Ministry of Industry and Trade in providing guidelines for making the estimate, allocating, using and liquidating funding for national trade promotion as per law provisions.
Article 8. Trade promotion activities by trade promotion organizations affiliated to People's Committees of provinces and centrally-affiliated cities
1. Upon consideration of this procedure, People’s Committees of provinces and centrally-affiliated cities shall set up trade promotion activities and funding for these activities in consistent with real conditions of provinces and cities and provisions of the law in force on trade promotion as the basis for trade promotion activities performed by trade promotion organizations of provinces and cities.
Funding for trade promotion activities in provinces and cities shall be allocated directly from local government budget and other legal financial sources of provinces and cities.
2. The Minister of Industry and Trade shall consider and approve trade promotion schemes which are included in the program and run in provinces or cities receiving funding from central government budget.
Chapter 2.
CONTENTS OF THE PROGRAM AND ASSITANCE RATE
Article 9. Contents of the export-oriented trade promotion program
1. Collect commercial information, conduct market research and establish a database of key export market for each category of goods;
2. Marketing and advertising:
a) Advertise products and geographical indications in foreign markets
b) Invite the representatives of foreign press agencies to visit Vietnam to write reportage in newspapers, magazines or on radio, televisions and the Internet for the purpose of promoting the exports of Vietnam under all-inclusive contracts.
3. Hire domestic and foreign experts to give advice on product development, enhancement of product quality, export development and entering foreign markets including:
a) all-inclusive contracts signed with the consultant
b) organization of the meeting between domestic and foreign consultants for the purpose of giving knowledge and advice to the enterprise by the presiding body (including the cost of hall lease, cost of printing material and hiring translators or interpreters and means of transport)
4. Provide internal and external short-term training courses in trade promotion for:
a) enterprises and cooperatives;
b) governmental and non-governmental trade promotion organizations
5. Organize and participate in trade fairs
a) Organize or participate in overseas exhibitions and fairs (including cost of booth, cost of general decoration of fair area and decoration of national booth, cost of holding inauguration and organizing seminar, cost of product performance and allowance given to the official of the presiding body go on an abroad business trip to hold the trade fair and exhibition):
- A multi-industry fair shall have at least 12 booths according to the standard booth (sized 3m x 3m) and at least 12 participants;
- A single-industry fair shall have at least 7 booths according to the standard booth (sized 3m x 3m) and at least 7 participants;
b) Organize export-oriented fairs and exhibitions in Vietnam (costs including booth constructing cost, cost of plane lease, cost incurred in design, establishment, power and water services, hygiene, security, security guards, inauguration, closing ceremony, seminar or management):
- A multi-industry fair shall have at least 300 booths according to the standard booth (sized 3m x 3m) and 150 participants held in centrally-affiliated cities or those having 200 standard booths and 100 participants held in other areas
- A single-industry fair shall have at least 200 booths according to the standard booth (sized 3m x 3m) and 100 participants held in centrally-affiliated cities or those having 150 standard booths and 75 participants held in other areas
c) Promote and invite guests to attend fairs and exhibitions specified in Point a and b Clause 5 this Article.
6. Establish overseas commercial transaction delegations (cost including flight ticket cost, cost of holding seminar and meeting for commercial transactions, cost of disseminating, promoting fairs and exhibitions and inviting guests to attend such fair and exhibition for transaction with overseas commercial transaction delegation of Vietnam and allowance given to the official of the presiding body who is appointed to go on an abroad business trip to hold fair and exhibition):
a) A multi-industry delegation has at least 15 enterprises in no more than 5 industries
b) A single-industry delegations has at least 7 enterprises
7. Run general trade promotion activities (trade activities in connection with investment and tourism) with the aim of boosting export of goods and services of Vietnam to foreign countries and attracting investment and foreign tourist to Vietnam.
8. Enable overseas enterprises to come to Vietnam to purchase goods (costs including cost of carrying out commercial transaction, cost of hiring and decorating hall and equipment, cost of hiring translators, interpreters, cost of material printing, promotion cost and allowance given to official of the presiding body who is appointed to accompany the enterprise and allowance for meals, accommodation and traveling in Vietnam given to the foreign enterprise)
9. Organize international conference in export of Vietnam (costs including hall hiring and decorating cost, cost of hiring equipment, translators, interpreters, printing material and promotion cost)
10. Trade promotion activities that have been performed and are effective in expanding export market, including two-way flight ticket cost, meal and accommodation cost and cost of booth (if any)
11. Promote and give assistance in entering foreign market for brands of special goods or services included in the national trade promotion program
12. Other trade promotion activities decided by the Prime Minister
Article 10. Contents of trade promotion program applied to domestic market
1. Organize fairs and exhibitions of general consumer goods or supplies, machinery and equipment for agricultural and rural development in order to introduce agricultural products of Vietnam to consumers in an appropriate scale according to each local authority.
2. Carry out sale activities including distributing Vietnamese products to rural areas, industrial zones and urban areas through enterprises specialized in one product or a set of relevant products, cooperatives and groups of cooperatives that provide services in domestic market according to schemes approved by competent authorities.
3. Conduct investigation, survey and research of domestic market, establish a database of necessary and important goods and study to develop distribution system and commercial infrastructure. Publications are used to popularize investigation results, survey and popularize laws and purchase habits.
4. Disseminate to raise people's awareness of Vietnamese goods and services through the media such as newspapers, e-newspapers, radio, television, publications and other communications
5. Give assistance in planning, management and operation of commercial infrastructure
6. Organize general trade promotion events in domestic market such as sale promotion month, week for Vietnamese products, Vietnamese product program, program for new product introduction or selection of the most favorite Vietnamese product per month/quarter/year according to schemes approved by the Minister of Industry and Trade.
7. Offer short-term training courses in sale skills and retail network creating, enable enterprises running business in special sector to enroll in professional short-term training courses, provide training courses in skills for domestic market development for presiding bodies and cooperate with organizations or individuals in conducting a study to develop domestic market development programs.
8. Other trade promotion activities for domestic market development decided by the Prime Minister
Article 11. Contents of trade promotion program for mountainous areas, bordering areas and islands
1. Develop a system for distribution of Vietnamese products from production areas to mountainous areas, bordering areas, remote and isolated areas, ethnic areas and islands.
2. Establish and provide information on Vietnamese border checkpoint market and border market and countries sharing same border as ours.
3. Run activities of goods delivery, receiving and transport and provide services supporting export through border checkpoints.
4. Carry out commercial transactions and distribute goods to checkpoint economic zone.
5. Set up and develop distribution of Vietnamese products to bordering areas of countries sharing the same border with our country.
6. Set up activities to improve capacity of traders involved in cross-border export and traders in mountainous areas, bordering areas, remote and isolated areas, ethnic areas and islands.
7. Organize dissemination, promotion and consumption of goods, especially agriculture products for mountainous areas, bordering areas, remote and isolated areas, ethnic areas and islands.
8. Other trade promotion activities for mountainous areas, bordering areas, remote and isolated areas, ethnic areas and islands decided by the Prime Minister.
Article 12. Funding rate
1. 100% funding shall be provided for the activities specified in Point b Clause 3, Point b Clause 4, Point a and c Clause 5, Clause 6, 8, 9 and 10 Article 9, Clause 3, 4 and 7 Article 10 and Clauses Article 11 in this procedure.
As for the activities specified in Clause 6 and 10 Article 9 herein, each enterprise may receive funding for business trip of one person. As for the activities specified in Point a Clause 5, 6 and 8 Article 9 herein, funding for business trip shall be provided for one person of the presiding body who accompanies the delegation to hold the fair and exhibition for the delegation of fewer than 8 enterprises; provided for two persons for delegation having from 8 to 15 enterprises, three persons for delegation having from 16 to 30 enterprises and four persons for delegation having from 31 to 50 enterprises and five persons for delegation having at least 51 enterprises.
2. 70% of funding shall be provided for the activities specified Clause 1 and 2, Point a Clause 3 and 7 in Article 9 and Clause 2 Article 10 herein.
3. 50% of funding shall be provided for the activities specified in Point a Clause 4, Point b Clause 5 Article 9, Clause 1, 5 and 6 Article 10 herein.
4. The Ministry of Industry and Trade shall preside over and cooperate with the Ministry of Finance in setting up regime for a pilot program for provision of fixed funding for eligible trade promotion activities.
Chapter 3.
DEVELOPING AND RUNNING THE PROGRAM
Article 13. Preparing national trade promotion schemes
1. Presiding bodies shall prepare national trade promotion schemes according to the form stipulated by the Ministry of Industry and Trade.
2. National trade promotion schemes shall satisfy the following requirements:
a) Be suitable for real demand of the enterprise;
b) Be in consistent with national export-oriented strategy and the line of business approved by competent authorities;
c) Be suitable for the strategy and planning to develop economic zones, economic sectors and local authorities approved by the Government;
d) Be conformable to contents of the program prescribed in Article 9, 10 and 11herein;
dd) Ensure feasibility in respect of operating method, operation time and progress, personnel, finance and technical facility;
e) As for the scheme which is operated in more than 2 fiscal years, the presiding body must prepare annual contents and funding for such scheme.
Article 14. Receiving and assessing schemes
1. Presiding bodies shall submit the schemes to the Management Committee before May 15 of the year preceding the planning year.
2. According to criteria for selecting national trade promotion scheme, the Management Committee shall assess contents of schemes and send a consolidated scheme to the appraisal council.
Article 15. Appraising and approving schemes
1. The appraisal council shall appraise the consolidated scheme submitted by the Management Committee.
2. Upon consideration of the appraisal result provided by the appraisal council, the Management Committee shall send consolidated report to the Minister of Industry and Trade for approval purpose.
Article 16. Adjusting and terminating schemes
1. In case scheme adjustment or termination is approved, presiding bodies must send a proposal of adjustment method with explanation for adjustment to the Management Committee.
2. If it is necessary to adjust the scheme for the purpose of meeting requirements and particular situation, the Management Committee shall submit the proposal of the presiding body to the Minister of Industry and Trade for consideration and ratification.
3. In case it is found that the presiding body fails to carry out the scheme according to the objective and progress approved or contents of such scheme is found no longer acceptable, the Management Committee shall submit the proposal to the Minister of Industry and Trade for considering and deciding to terminate the scheme.
4. If failing to carry out or complete the national trade promotion scheme in the planning year, the presiding body shall notify such failure to the Management Committee for them to send proposal to the Minister of Industry and Trade for consideration and decision making.
5. After the decision on scheme adjustment or termination is issued, the Ministry of Industry and Trade shall distribute the unused funding amount provided to such scheme (if any) to new schemes or schemes requiring further funding which are approved by competent authorities.
Chapter 4.
IMPLEMENTATION AND VIOLATION HANDLING
Article 17. Responsibilities and rights of the Ministry of Industry and Trade
1. Preside over the instruction giving and implementation of this procedure.
2. Preside over and cooperate with relevant agencies in supervising and checking implementation of this program and ensure the program is run on schedule meeting requirements and objectives in compliance with law provisions.
3. Take charge of monitoring and making consolidated reports on implementation results as well as notifying the Prime Minister of issues not mentioned in this procedure or those beyond its power.
4. Send consolidated reports on the result of procedure adoption to the Prime Minister for consideration and ratification of adjustment where necessary.
5. Not receive schemes for the following years proposed by the presiding body failing to perform obligations specified in Clause 1, 2, 3 and 4 Article 19 herein.
6. Suspend the presiding body failing to perform the obligation specified in Clause 5 Article 19 herein from participating in the program for the next 3 years.
Article 18. Responsibilities of relevant ministries and local authorities
Relevant ministries and local authorities shall cooperate with the Ministry of Industry and Trade and presiding bodies in running national trade promotion schemes in an effective manner with the aim of strengthening cooperation in economy, commerce, investment and tourism with countries hosting trade fairs and exhibitions.
Article 19. Responsibilities of presiding bodies
1. Run approved schemes on schedule according to the objectives and estimates agreed in the signed contract, ensure funding use in an economic and effective manner and take responsibility for the expenditure under the current financial regime.
2. As for the scheme having various participants, the presiding body shall cooperate and assign the participants to perform each task of the scheme.
3. Take responsibility to select participants meeting the criteria committed in the scheme. The participation of the enterprise must be suitable for products and services provided by such enterprise.
4. Send reports on implementation of schemes to the Management Committee once every six months (before July 31 for the first six month of the year and before December 31 for the whole year) and send relevant reports to participants in the schemes.
5. Provide all material and information concerning implementation of the scheme in an honest manner and facilitate the inspection and supervision as prescribed in Article 17 herein.
Article 20. Violation handling
1. Any organization and individual violating this procedure may incur penalties as per law in force according to the seriousness of their violation.
2. The Minister of Industry and Trade shall not consider and approve the trade promotion scheme for the following year proposed by the presiding body that fails to make liquidation and finalization of the funding under provisions of the contract prescribed in this procedure./.