Decree 80/2021/ND-CP provides detailed regulations and guidance on the implementation of several articles of the Law on supporting small and medium-sized enterprises.

DECREE

DETAILED REGULATIONS AND GUIDELINES FOR IMPLEMENTING CERTAIN ARTICLES OF THE LAW ON SUPPORTING SMALL AND MEDIUM-SIZED ENTERPRISES

Based on the Law on Organization of the Government dated June 19, 2015;

Based on the Law on Organization of Local Government dated June 19, 2015;

Based on the Law amending and supplementing a number of articles of the Law on Organization of the Government and the Law on Organization of Local Government dated November 22, 2019;

Based on the Law on State Budget dated June 25, 2015;

Based on the Law on Public Investment dated June 13, 2019;

Based on the Law on Support for Small and Medium-Sized Enterprises dated June 12, 2017;

As requested by the Minister of Planning and Investment;

The government has issued a Decree detailing and guiding the implementation of certain articles of the Law on Supporting Small and Medium-Sized Enterprises.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides detailed regulations and guidance on the implementation of several articles of the Law on Supporting Small and Medium-Sized Enterprises regarding criteria for identifying small and medium-sized enterprises, technological support, information support, consulting support, human resource development support, support for small and medium-sized enterprises transitioning from household businesses, innovative start-up small and medium-sized enterprises, and small and medium-sized enterprises participating in industry clusters and value chains; and the responsibilities of agencies and organizations in providing support to small and medium-sized enterprises.

Article 2. Subject of application

1. The enterprise is established, organized, and operates in accordance with the law on enterprises, meeting the criteria for identifying small and medium-sized enterprises as stipulated in Article 5 of this Decree.

2. Agencies, organizations, and individuals involved in supporting small and medium-sized enterprises.

Article 3. Explain words

1. Small and Medium-Sized Enterprise Support Scheme: This is a set of interrelated contents, utilizing resources to achieve the goal of supporting small and medium-sized enterprises on an annual, medium-term, or long-term basis. The scheme includes the following contents: objectives; target groups and conditions for support; selection process and procedures; support content; implementation resources; management, monitoring, and evaluation mechanisms; scheme implementation time; and other contents (if any).

2. Small and Medium-sized Enterprise Support Program: This is a set of activities and tasks aimed at supporting small and medium-sized enterprises, implemented by a specific agency or organization within a defined timeframe.

3. Small and Medium-sized Enterprise Support Plan: This is a set of objectives, solutions, and funding for supporting small and medium-sized enterprises, compiled and balanced within the annual and five-year socio-economic development plans of ministries, ministerial-level agencies, government agencies, provincial People's Committees, and the nation.

4. Agencies and organizations supporting small and medium-sized enterprises: These are agencies and organizations assigned by competent authorities to organize and implement activities to support small and medium-sized enterprises.

5. The National Small and Medium-sized Enterprise Support Portal (hereinafter referred to as the Portal): This is an online access point at www.business.gov.vn to support small and medium-sized enterprises (SMEs) by integrating information on the network of SME support consultants; plans, programs, projects, schemes, and activities supporting SMEs; business guidance, credit, markets, products, technology, business incubation, and other information to provide information and services for the operation of SMEs, the state management tasks on supporting and developing enterprises, and according to the needs of organizations and individuals as stipulated in the Law on Supporting Small and Medium-sized Enterprises and this Decree.

6. Database supporting small and medium-sized enterprises (SMEs): This is a collection of documents, knowledge, experience, and information about SMEs according to the criteria in the Law on Supporting Small and Medium-Sized Enterprises and Article 5 of this Decree. The SME support database also serves as a unified information platform meeting the needs for accessing and exploiting information and data, building strategies, formulating policies, and managing state affairs related to enterprise support, managed and operated by the Ministry of Planning and Investment. The SME support database is connected, integrated, and exchanges data with relevant systems of the Ministry of Planning and Investment, other ministries, ministerial-level agencies, government agencies, and provincial People's Committees.

7. Network of consultants: This is a group of consulting organizations and individual consultants with expertise in various fields to meet the needs of small and medium-sized enterprises (SMEs), recognized by competent ministries and ministerial-level agencies based on publicly available criteria to support SMEs.

8. Small and medium-sized enterprises employing a large number of female workers: These are enterprises where the number of female workers accounts for 50% or more of the total workforce in the case of enterprises employing fewer than 100 workers; or 30% or more of the total workforce in the case of enterprises employing 100 or more workers.

9. On-site training at small and medium-sized enterprises: This is a form of training conducted within the enterprise, designed to meet specific needs and help resolve existing problems within the business.

10. Online training for small and medium-sized enterprises: This is a form of training conducted through an online environment, using information technology and multimedia communication to impart and provide skills and knowledge to businesses.

11. Leading enterprises: These are enterprises of various sizes that have commercial links with small and medium-sized enterprises (SMEs) in the value chain; they direct and control all or different stages of the value chain to create added value for products and services and sell those products and services in domestic and foreign markets.

Article 4. Principles for providing support

1. Based on the availability of resources and prioritized support in each period, agencies and organizations supporting small and medium-sized enterprises (SMEs) shall decide on the number of eligible enterprises to receive support, ensuring the following principles:

a) Small and medium-sized enterprises that submit their applications first will receive support first;

b) Small and medium-sized enterprises (SMEs) owned by women, SMEs employing a large number of female workers, and SMEs that are social enterprises as defined by law will receive priority support.

2. In cases where a small and medium-sized enterprise simultaneously meets the conditions for different levels of support within the same support program as stipulated in this Decree and other relevant laws, the enterprise may choose the most advantageous level of support.

3. In addition to the specific support measures for micro, small, and medium-sized enterprises (SMEs) as detailed in this Decree, the general support measures for SMEs apply to all micro, small, and medium-sized enterprises that meet the support conditions stipulated in this Decree.

4. Small and medium-sized enterprises (SMEs) that have transitioned from household businesses, innovative start-up SMEs, and SMEs participating in industry clusters and value chains are entitled to support as stipulated in Chapter IV and other non-overlapping support provisions in Chapter III of this Decree.

5. Based on their functions, duties, and implementation capacity, agencies and organizations supporting small and medium-sized enterprises (SMEs) shall directly provide support services or coordinate with other capable agencies, organizations, and individuals to provide support services to eligible SMEs.

Chapter II

CRITERIA FOR DETERMINING SMALL AND MEDIUM-SIZED ENTERPRISES

Article 5. Criteria for identifying small and medium-sized enterprises

1. Micro-enterprises in the fields of agriculture, forestry, fisheries; industry and construction that employ no more than 10 people participating in social insurance on average per year and have total annual revenue not exceeding 3 billion VND or total annual capital not exceeding 3 billion VND.

Micro-enterprises in the trade and service sector that employ no more than 10 people participating in social insurance on average per year and have total annual revenue not exceeding 10 billion VND or total annual capital not exceeding 3 billion VND.

2. Small enterprises in the fields of agriculture, forestry, fisheries; industry and construction that employ no more than 100 people participating in social insurance on average per year and have total annual revenue not exceeding VND 50 billion or total annual capital not exceeding VND 20 billion, but are not micro-enterprises as defined in Clause 1 of this Article.

Small businesses in the trade and service sector that employ no more than 50 people participating in social insurance on average per year and have total annual revenue not exceeding VND 100 billion or total annual capital not exceeding VND 50 billion, but are not micro-enterprises as defined in Clause 1 of this Article.

3. Medium-sized enterprises in the fields of agriculture, forestry, fisheries; industry and construction that employ no more than 200 people participating in social insurance on average per year and have total annual revenue not exceeding VND 200 billion or total annual capital not exceeding VND 100 billion, but are not micro-enterprises or small enterprises as defined in Clauses 1 and 2 of this Article.

Medium-sized enterprises in the trade and service sectors that employ no more than 100 people participating in social insurance annually and have total annual revenue not exceeding VND 300 billion or total annual capital not exceeding VND 100 billion, but are not micro-enterprises or small enterprises as defined in Clauses 1 and 2 of this Article.

Article 6. Determining the business scope of small and medium-sized enterprises

The scope of operation of small and medium-sized enterprises is determined based on the main business sector that the enterprise has registered with the business registration authority.

Article 7. Determining the average annual number of employees participating in social insurance in small and medium-sized enterprises.

1. The number of employees participating in social insurance is the total number of employees managed, employed, and paid wages by the enterprise who participate in social insurance in accordance with the law on social insurance.

2. The average annual number of employees participating in social insurance is calculated by dividing the total number of employees participating in social insurance for all months of the preceding year by 12 months.

The number of employees covered by social insurance for the month is determined at the end of the month and is based on the social insurance payment documents submitted by the enterprise to the social insurance agency for that month.

3. In the case of a business operating for less than one year, the average annual number of employees participating in social insurance is calculated by dividing the total number of employees participating in social insurance during the operating months by the number of operating months.

Article 8. Determining the total capital of small and medium-sized enterprises

1. The total capital for the year is determined in the balance sheet shown in the financial statements of the immediately preceding year that the enterprise submitted to the tax authorities. The total capital for the year is determined at the end of the year.

2. In the case of businesses operating for less than one year, the total capital is determined in the business's balance sheet at the end of the quarter immediately preceding the time the business applies for the support.

Article 9. Determining the total revenue of small and medium-sized enterprises

1. Total revenue for the year is the sum of revenue from the sale of goods and provision of services by the enterprise, as determined from the financial statements of the immediately preceding year that the enterprise submitted to the tax authorities.

2. In cases where a business has been operating for less than one year or for more than one year but has not yet generated revenue, the business shall determine its classification as a small and medium-sized enterprise based on the total capital criteria stipulated in Article 8 of this Decree.

Article 10. Identification and registration of small and medium-sized enterprises

1. Small and medium-sized enterprises (SMEs) shall use the form prescribed in the Appendix attached to this Decree to self-determine and declare their size as a micro-enterprise, small enterprise, or medium-sized enterprise and submit it to the agency or organization supporting SMEs. SMEs are legally responsible for the accuracy of their declarations.

2. If a business discovers that its declared business size is inaccurate, it must proactively make adjustments and resubmit the declaration. This resubmission must be completed before the small and medium-sized enterprise is eligible for support.

3. In cases where a business intentionally makes false declarations about its scale to receive support, the business will be held legally responsible and must return all the funds received as support.

4. Based on the time the enterprise proposes support, the agency or organization supporting small and medium-sized enterprises will cross-check the enterprise's information on the National Enterprise Registration Portal to verify that the declared information meets the eligibility criteria for support.

Chapter III

SUPPORT FOR TECHNOLOGY, INFORMATION, CONSULTING AND HUMAN RESOURCE DEVELOPMENT

Article 11. Technological support for small and medium-sized enterprises

1. Support up to 50% of the contract value for digital transformation consulting solutions for businesses regarding business processes, management processes, production processes, technology processes, and business model transformation, but not exceeding VND 50 million/contract/year for small businesses and not exceeding VND 100 million/contract/year for medium-sized businesses.

2. Support up to 50% of the cost for businesses to rent or purchase digital transformation solutions to automate and improve the efficiency of business processes, management processes, production processes, and technology processes within the enterprise, and to transform business models, but not exceeding VND 20 million/year for micro-enterprises; not exceeding VND 50 million/year for small enterprises and not exceeding VND 100 million/year for medium-sized enterprises.

3. Support up to 50% of the contract value for consulting services on establishing intellectual property rights; consulting on the management and development of products and services protected by intellectual property rights of enterprises, but not exceeding VND 100 million/contract/year/enterprise.

4. Support up to 50% of the value of technology transfer consulting contracts suitable for enterprises, but not exceeding VND 100 million/contract/year/enterprise.

5. Ministries, ministerial-level agencies, government agencies, and provincial People's Committees shall implement investment projects to support small and medium-sized enterprises (SMEs) through the construction of new incubation facilities, technical facilities, and co-working spaces; the renovation and upgrading of existing infrastructure to create incubation facilities, technical facilities, and co-working spaces; and the procurement and installation of equipment, machinery, research rooms, laboratories, and information technology systems for incubation facilities, technical facilities, and co-working spaces supporting SMEs.

Article 12. Information support for small and medium-sized enterprises

1. Small and medium-sized enterprises (SMEs) are entitled to free access to the information stipulated in Clause 1, Article 14 of the Law on Support for Small and Medium-Sized Enterprises on the portals and websites of ministries, ministerial-level agencies, government agencies, and provincial People's Committees.

2. Ministries, ministerial-level agencies, government agencies, and provincial People's Committees are granted accounts on the Information Portal to provide information as stipulated in Clause 1, Article 14 of the Law on Supporting Small and Medium-Sized Enterprises; to publicly disclose, monitor, and update information on supporting small and medium-sized enterprises as stipulated in Article 29 of the Law on Supporting Small and Medium-Sized Enterprises. Agencies and organizations supporting small and medium-sized enterprises, businesses, organizations, and other individuals wishing to provide information, interact, and connect with partners participating on the Information Portal may request accounts. Accounts used on the Information Portal are centrally managed on the Information Portal.

3. The portal is built, maintained, operated, and connected by the Ministry of Planning and Investment to the websites of ministries, ministerial-level agencies, government agencies, and provincial People's Committees to provide information as stipulated in Clause 1, Article 14 of the Law on Support for Small and Medium-Sized Enterprises and other information for businesses, organizations, and individuals who need to search for it.

4. Funding for the construction of information infrastructure and software for the operation of the portal and database supporting small and medium-sized enterprises will be allocated from public investment funds in accordance with the law on public investment and other legitimate sources of funding (if any).

Funding for upgrading, maintaining, managing, and operating the portal, as well as collecting and updating information in the database supporting small and medium-sized enterprises, will be allocated from regular budget funds as stipulated by law on state budget and other legitimate sources (if any).

Article 13. Consulting support for small and medium-sized enterprises

1. Network of consultants

a) The network of consultants is built on the basis of individuals and consulting organizations that are already operating in accordance with specialized laws or newly formed, ensuring the following principles:

Individual consultants must ensure that their educational qualifications, professional expertise, and work experience are appropriate to the needs of small and medium-sized enterprises and meet the criteria for consultants set by the ministry or ministerial-level agency where the consultant intends to register.

For consulting organizations, it is necessary to ensure that they meet the conditions stipulated by specialized laws, are suitable for the needs of small and medium-sized enterprises, and meet the criteria for consulting organizations of the ministry or ministerial-level agency where the consulting organization intends to register.

b) Application documents for joining the network of consultants

For individual consultants, the application dossier includes: Application form to join the consultant network; Curriculum vitae and summary of qualifications; certified copies of training diplomas; certified copies of relevant documents and papers issued by competent authorities.

For consulting organizations, the application dossier includes: Application form to join the network of consultants; certified copy of the Business Registration Certificate or Establishment Decision; summary of capabilities; certified copies of the dossiers of individual consultants belonging to the organization; certified copies of documents proving eligibility to conduct business as prescribed by law (for businesses operating in conditional business sectors).

c) Individuals and organizations providing consulting services shall submit the documents specified in point b of this clause either in person or online to the unit assigned as the focal point for organizing the network of consultants under the ministry or ministerial-level agency to be recognized as members of the consultant network and have their names published on the ministry or ministerial-level agency's website within 10 working days.

If an individual or consulting organization does not meet the eligibility requirements for recognition, the unit assigned to organize the network of consultants under the ministry or ministerial-level agency shall send a notification of the reasons for not meeting the eligibility requirements, either in person or online, to the individual or consulting organization within 10 working days from the date of receiving the registration dossier.

Individuals and organizations providing consulting services may participate in the network of consultants across multiple ministries and ministerial-level agencies if they meet the prescribed conditions and criteria.

d) After being recognized as a consultant and having their information published on the website of the ministry or ministerial-level agency, the consultant accesses the Information Portal (at www.business.gov.vn) to register in the consultant network database and provide consulting services to small and medium-sized enterprises in accordance with the provisions of this Decree.

d) Funding for ministries and ministerial-level agencies to establish, operate, manage, and maintain the network of consultants, as well as funding for training and developing this network, shall be included in the annual budget for supporting small and medium-sized enterprises of the ministries and ministerial-level agencies, and other legitimate funding sources (if any).

2. Content of consulting support for small and medium-sized enterprises

Small and medium-sized enterprises (SMEs) can access a network of consultants to receive support in consulting services related to human resources, finance, production, sales, marketing, internal management, and other aspects of their business operations (excluding consulting on administrative and legal procedures as stipulated by specialized laws) as follows:

a) Support 100% of the consulting contract value, but not exceeding VND 50 million/year/enterprise for micro-enterprises or not exceeding VND 70 million/year/enterprise for micro-enterprises owned by women, micro-enterprises employing a large number of female workers, and micro-enterprises that are social enterprises;

b) Support up to 50% of the consulting contract value, but not exceeding VND 100 million/year/enterprise for small businesses or VND 150 million/year/enterprise for small businesses owned by women, small businesses employing a large number of female workers, and small businesses that are social enterprises;

c) Support up to 30% of the consulting contract value, but not exceeding VND 150 million/year/enterprise for medium-sized enterprises, or not exceeding VND 200 million/year/enterprise for medium-sized enterprises owned by women, medium-sized enterprises employing a large number of female workers, and medium-sized enterprises that are social enterprises.

Article 14. Support for human resource development for small and medium-sized enterprises

1. Providing direct training support on business startup and enterprise management.

a) Support 100% of the total cost of a business startup training course and up to 70% of the total cost of a business management course for small and medium-sized enterprises;

b) Tuition fees will be waived for trainees from small and medium-sized enterprises (SMEs) located in particularly difficult socio-economic areas, SMEs owned by women, SMEs employing a large number of female workers, and SMEs that are social enterprises, when participating in business management training courses.

2. Support for online training on business startup and business management.

a) Free access and participation in online lectures available on the online training system of the Ministry of Planning and Investment and provincial People's Committees. Small and medium-sized enterprises (SMEs) can access the online training system to study at a time that suits them. The online training system includes an online training management platform, an online training platform, and an online lecture content system.

Funding for the Ministry of Planning and Investment and provincial People's Committees to build, maintain, and upgrade online training systems; survey online training needs; and communicate and promote online training systems for small and medium-sized enterprises (SMEs) is included in the annual SME support budget of the Ministry of Planning and Investment, provincial People's Committees, and other legitimate funding sources (if any).

b) Free participation in online training courses, direct interaction with small and medium-sized enterprises through online learning tools available on the smart electronic devices of the trainees (Zoom Cloud Meeting, Microsoft Teams, Google Classroom, and other tools).

3. Support for on-site training at small and medium-sized enterprises in the manufacturing and processing sectors.

a) Support up to 70% of the total cost of a training course at small and medium-sized enterprises, but not more than one course per year per enterprise;

b) Support 100% of the total cost of a training course at small and medium-sized enterprises (SMEs) owned by women, SMEs employing a large number of female workers, and SMEs that are social enterprises, but not exceeding one course per year per enterprise.

4. Support for vocational training

Support is provided for training costs for employees of small and medium-sized enterprises (SMEs) when they participate in basic-level vocational training courses or training programs lasting 03 months or less. The remaining costs are to be agreed upon between the SME and the employee. Employees participating in the training must have worked for the SME for at least 06 consecutive months prior to participating in the training.

Chapter IV

SUPPORTING SMALL AND MEDIUM-SIZED ENTERPRISES IN TRANSFORMING FROM HOUSEHOLD BUSINESSES, INNOVATIVE STARTUP SMALL AND MEDIUM-SIZED ENTERPRISES, AND SMALL AND MEDIUM-SIZED ENTERPRISES PARTICIPATING IN INDUSTRY CLUSTERS AND VALUE CHAINS.

Section 1. SUPPORT FOR SMALL AND MEDIUM-SIZED ENTERPRISES TRANSFORMING FROM HOUSEHOLD BUSINESSES

Article 15. Support and advice on documents and procedures for establishing businesses.

1. The People's Committee of the province or centrally-administered city (hereinafter referred to as the Provincial People's Committee) assigns the Department of Planning and Investment to provide free consultation and guidance to business households registering to convert into enterprises regarding:

a) The sequence, procedures, and documents required for registering a business;

b) The sequence, procedures, and documents for registering for business eligibility certification for conditional business sectors (if any).

2. Household businesses registering to convert into enterprises that require consultation and guidance on the contents of Clause 1 of this Article shall submit a request for support in person or online to the Department of Planning and Investment. The application dossier includes: a valid copy of the household business registration certificate; a valid copy of the tax code registration certificate; a valid copy of the receipt for payment of business license fees, various taxes and other payments to the state budget (if any), and tax declarations within the one year prior to the conversion.

Within 03 working days from the date of receiving the application dossier, the Department of Planning and Investment is responsible for providing free consultation and guidance on the contents stipulated in Clause 1 of this Article.

Article 16. Support for business registration and disclosure of business information

Small and medium-sized enterprises (SMEs) converting from household businesses are exempt from the initial business registration fee at the business registration authority and from the fee for publishing the initial business registration information on the National Business Registration Portal.

Article 17. Support for procedures to register conditional business sectors and professions.

Small and medium-sized enterprises that convert from household businesses and continue to operate production and business activities in conditional business sectors without changing their scale should submit a request to the competent state management agency to obtain relevant documents regarding investment and business conditions.

Within 03 working days from the date of receiving the enterprise's request, the competent state management agency is responsible for issuing documents related to the investment and business conditions for the enterprise.

Article 18. Support for business license fees

Small and medium-sized enterprises that convert from household businesses are exempt from business license fees for a period of 03 years from the date of initial issuance of the Business Registration Certificate.

Article 19. Support and advice on tax administrative procedures and accounting regulations.

1. Small and medium-sized enterprises converting from household businesses will receive free advice and guidance on tax administrative procedures and accounting regulations for a period of 03 years from the date of initial issuance of the Business Registration Certificate.

2. The Provincial People's Committee assigns the Department of Finance to provide free consultation and guidance on tax administrative procedures and accounting regulations as stipulated in Clause 1 of this Article.

Section 2. SUPPORT FOR INNOVATIVE STARTUP SMALL AND MEDIUM-SIZED ENTERPRISES

Article 20. Criteria for identifying innovative start-up small and medium-sized enterprises.

Small and medium-sized enterprises (SMEs) engaged in innovative startups, as defined in Clause 2, Article 3 of the Law on Supporting Small and Medium-Sized Enterprises, are determined according to one of the following criteria:

1. Production and trading of products derived from inventions, utility models, industrial designs, semiconductor integrated circuit layout designs, computer software, mobile phone applications, cloud computing, new animal breeds, new plant breeds, new aquatic species, and new forestry tree species.

2. Manufacturing and trading products created from pilot production projects, prototypes, and technological advancements; manufacturing and trading products that have won awards in national and international startup and innovation competitions, and other science and technology awards as stipulated by law on science and technology awards.

3. There is a new technological solution or business model capable of increasing the company's revenue by at least 20% for two consecutive years, based on an analysis of market share, product and service development potential, and the company's competitiveness.

Article 21. Methods for selecting innovative start-up small and medium-sized enterprises to support.

Based on the criteria stipulated in Article 20 of this Decree and the support conditions stipulated in Clause 1, Article 17 of the Law on Support for Small and Medium-Sized Enterprises, agencies and organizations supporting small and medium-sized enterprises shall select enterprises for support using one of the following methods:

1. Select businesses that have won national or international awards for innovative startups or innovative products/projects; or have been granted patent protection; or have been awarded a Certificate of Science and Technology Enterprise, a Certificate of High-Tech Enterprise, or a Certificate of High-Tech Application Enterprise.

2. Select businesses that have received investment or committed investment from innovative startup investment funds; are supported or committed to support by co-working spaces, innovative startup support organizations, service providers, incubators, business accelerators, and innovation centers as stipulated by investment laws.

3. Selection through the Council:

Agencies and organizations supporting small and medium-sized enterprises may establish a Council to select innovative start-up businesses according to the criteria stipulated in Article 20 of this Decree, ensuring the following principles:

a) The number of members and the working mechanism of the Council shall be decided by the agency establishing the Council;

b) At least 50% of the Council members must be independent consultants. The remaining members are representatives of agencies and organizations supporting small and medium-sized enterprises, operating on a part-time basis;

c) The Council's operating budget is included in the overall budget for managing and supporting small and medium-sized enterprises (SMEs) of the agencies and organizations supporting SMEs.

Article 22. Content of support for innovative start-up small and medium-sized enterprises.

1. Support for the use of technical facilities, incubation centers, and co-working spaces.

a) Support 100% of the cost of using equipment at technical facilities, incubation centers, and co-working spaces, but not exceeding VND 20 million/year/enterprise;

b) Support up to 50% of the rental cost for premises at incubation centers and co-working spaces, but not exceeding VND 5 million/month/enterprise. The maximum support period is 03 years from the date the enterprise signs the lease agreement.

2. Providing intellectual property consulting support, and assistance in exploiting and developing intellectual property assets.

a) Support 100% of the contract value for consulting services on procedures for establishing, transferring, exploiting, and protecting intellectual property rights domestically, but not exceeding VND 30 million per contract per year per enterprise;

b) Support 100% of the contract value for consulting services on the preparation of patent descriptions, industrial design drawings, and brand identity system designs, but not exceeding VND 30 million per contract per year per enterprise;

c) Support 100% of the contract value for management consulting and development of products and services protected by intellectual property rights domestically, but not exceeding VND 50 million/contract/year/enterprise;

d) Support up to 50% of the contract value for consulting services on establishing, transferring, exploiting, and protecting intellectual property rights abroad, but not exceeding VND 50 million per contract per year per enterprise.

3. Support in implementing procedures related to technical standards and regulations, measurement, and quality; testing and perfecting new products and business models.

a) Providing 100% support for the value of consulting contracts for businesses to develop and apply basic standards, but not exceeding VND 10 million/contract/year/business, and for developing and applying quality management systems, but not exceeding VND 50 million/contract/year/business;

b) Support up to 50% of the costs for testing sample measuring instruments; costs for inspection, calibration, and testing of measuring instruments and measurement standards; costs for issuing quantitative markings for pre-packaged goods, in accordance with technical measurement requirements, but not exceeding VND 10 million/year/enterprise;

c) Support up to 50% of the cost of testing new products at product testing units and organizations, but not exceeding 30 million VND/year/enterprise;

d) Support up to 50% of the contract value for consulting services to improve new products, services, business models, and technologies, but not exceeding VND 50 million per contract per year per enterprise.

4. Technology support

Support will cover up to 50% of the contract value for consulting services in searching, selecting, deciphering, and transferring technology suitable for businesses, but not exceeding 100 million VND per contract per year per business.

5. Support for in-depth training and coaching.

a) Support up to 50% of the cost of participating in intensive domestic training courses for enterprise trainees on product development; product commercialization; e-commerce development; investment fundraising; market development; networking with startup organizations and individuals conducting scientific research, but not exceeding 5 million VND/trainee/year and not exceeding 03 trainees/enterprise/year;

b) Support up to 50% of the cost of participating in short-term intensive training courses abroad, but not exceeding VND 50 million per trainee per year and not exceeding 02 trainees per enterprise per year.

6. Support in information, communication, trade promotion, and networking for innovative startups.

a) Free access to information on domestic and international standards and regulations; inventions, technological information, scientific research results; information on connecting innovative startup networks, attracting investment from innovative startup investment funds at the Information Portal and websites of ministries, ministerial-level agencies, government agencies, and provincial People's Committees;

b) Support up to 50% of the contract value for consulting services to successfully register accounts for selling products and services on international e-commerce platforms, but not exceeding VND 100 million per contract per year per enterprise;

c) Support up to 50% of the account maintenance costs on domestic and international e-commerce platforms, but not exceeding VND 50 million/year/enterprise and not exceeding 02 years from the time the enterprise successfully registers an account on the e-commerce platform;

d) Support for the costs of renting venues, designing and setting up exhibition booths, transporting display products, travel expenses, and accommodation and meals for representatives of businesses participating in trade promotion fairs and exhibitions, but not exceeding VND 30 million/year/business for events held domestically and not exceeding VND 50 million/year/business for events held abroad;

d) Support up to 50% of the cost of participating in international competitions on innovative startups, but not exceeding 30 million VND/competition/year/enterprise.

Section 3. SUPPORTING SMALL AND MEDIUM-SIZED ENTERPRISES TO PARTICIPATE IN INDUSTRY CLUSTERS AND VALUE CHAINS

Article 23. Criteria for identifying industry clusters and selecting small and medium-sized enterprises to participate in industry clusters for support.

1. An industry cluster is defined when it simultaneously meets the following criteria:

a) There are businesses that are linked in production and trade within the same industry or sector, or in related industries or sectors, competing and cooperating with each other;

b) There are at least 10 businesses cooperating and competing within a defined administrative area;

c) Involvement of business support organizations (research institutes, universities, colleges, associations, and other related organizations).

2. Small and medium-sized enterprises participating in industry clusters are selected for support when they meet one of the following criteria:

a) There is a joint purchase agreement for raw materials;

b) There is a contract for the joint sale of the product;

c) There are sales contracts and cooperation agreements between businesses within the industry cluster;

d) Jointly build and utilize the brand.

Article 24. Criteria for identifying value chains and selecting small and medium-sized enterprises to participate in value chains for support.

1. A value chain is defined when the following criteria are met simultaneously:

a) Producing and distributing products to consumers;

b) There are upstream businesses in the value chain;

c) There are small and medium-sized enterprises that have the potential to supply products and services to upstream businesses.

2. Small and medium-sized enterprises participating in the value chain are selected for support when they meet one of the following criteria:

a) Being the leading enterprise in the value chain;

b) Having sales contracts, cooperation agreements, or partnerships with businesses at the beginning of the supply chain;

c) Assessed by the upstream enterprise or an agency/organization supporting small and medium-sized enterprises as having the potential to become a supplier for the upstream enterprise.

Article 25. Content of support for small and medium-sized enterprises participating in industry clusters and value chains.

1. Training support

a) Support up to 50% of the cost of organizing advanced training courses on technology and specialized production techniques at enterprises, but not exceeding 50 million VND/course/year/enterprise;

b) Provide support covering up to 50% of training costs for enterprise trainees participating in intensive training courses tailored to the development needs of the industry and value chain, but not exceeding VND 10 million per trainee per year and not exceeding 03 trainees per enterprise per year.

2. Support for enhancing production and business linkages.

a) Support 100% of the contract value for comprehensive capacity assessment consulting services for small and medium-sized enterprises in industry clusters and value chains, but not exceeding VND 30 million/contract/year/enterprise;

b) Providing 100% support for the value of consulting contracts for in-depth technical improvement and upgrading for small and medium-sized enterprises to improve production capacity, meet connection requirements, and become suppliers to upstream businesses, but not exceeding VND 100 million/contract/year/enterprise.

3. Providing information support, brand development, networking, and market expansion.

a) Free access to information on events connecting with leading businesses in the supply chain, the search process, and the identification of ordering needs of leading businesses on the portal and websites of ministries, ministerial-level agencies, government agencies, and provincial People's Committees;

b) Free access to information on domestic and international technical standards and regulations related to the production and business activities of enterprises participating in industry clusters and value chains on the Information Portal and websites of ministries, ministerial-level agencies, government agencies, and provincial People's Committees;

c) Support up to 50% of the contract value for consulting services to successfully register accounts for selling products and services on international e-commerce platforms, but not exceeding VND 100 million/contract/year/enterprise;

d) Support up to 50% of the account maintenance costs on domestic and international e-commerce platforms, but not exceeding VND 50 million/year/enterprise and not exceeding 02 years from the time the enterprise successfully registers an account on the international e-commerce platform;

d) Support for the costs of renting venues, designing and setting up exhibition booths, transporting display products, travel expenses, and accommodation and meals for representatives of participating businesses at trade promotion fairs and exhibitions, but not exceeding VND 50 million/year/business for events held domestically and not exceeding VND 70 million/year/business for events held abroad;

e) Support 100% of the contract value for consulting services on procedures for establishing, transferring, exploiting, and protecting intellectual property rights domestically, but not exceeding VND 50 million per contract per year per enterprise;

g) Support 100% of the contract value for consulting services in information gathering, product promotion, and brand development for industry clusters and value chains, but not exceeding VND 20 million per contract per year per enterprise.

4. Providing consulting support on technical standards, regulations, measurement, and quality.

a) Support 100% of the value of consulting contracts for businesses to develop and apply basic standards, but not exceeding VND 10 million/contract/year/business; and consulting contracts for the development and application of quality management systems, but not exceeding VND 50 million/contract/year/business;

b) Support up to 50% of the costs for testing sample measuring instruments; costs for verification, calibration, and testing of measuring instruments and measurement standards; costs for issuing quantitative markings for pre-packaged goods conforming to technical measurement requirements, but not exceeding VND 10 million/year/enterprise;

c) Support 100% of the cost of obtaining product conformity certification, but not exceeding 20 million VND/product/year/enterprise.

5. Support in carrying out procedures related to trial production, testing, inspection, and quality certification.

a) Support 100% of the costs for testing, inspection, assessment, and certification of product and goods quality; and the costs of certifying quality management systems, but not exceeding 30 million VND/year/enterprise;

b) Support up to 50% of the cost of ordering research and development of products and services from institutions, institutes, and schools, but not exceeding 30 million VND/year/enterprise;

c) Support up to 50% of the cost of using equipment at technical support facilities for small and medium-sized enterprises, but not exceeding VND 50 million/year/enterprise.

Section 4. INTEREST RATE SUPPORT FOR INNOVATIVE STARTUP SMALL AND MEDIUM-SIZED ENTERPRISES, SMALL AND MEDIUM-SIZED ENTERPRISES PARTICIPATING IN INDUSTRY CLUSTERS AND VALUE CHAINS

Article 26. Principles of interest rate support

In each period, innovative start-up small and medium-sized enterprises (SMEs) and SMEs participating in industry clusters and value chains receive interest rate subsidies from the state budget when borrowing medium and long-term capital from credit institutions to implement production and business plans and projects according to the following principles:

1. These are small and medium-sized enterprises that meet the criteria for innovative start-up businesses as stipulated in Article 20 of this Decree and the criteria for supporting businesses participating in industry clusters and value chains as stipulated in Clause 2, Article 23 and Clause 2, Article 24 of this Decree, and have not yet benefited from preferential interest rate policies of the State in the same period.

2. The state budget provides interest rate support to businesses through post-investment support. Each business is eligible for interest rate support for one production and business plan or project within the same period.

3. Businesses borrowing capital are assessed and approved for loans by credit institutions in accordance with the laws on lending by credit institutions.

Article 27. Content of interest rate support

1. During each period, the interest rate differential subsidized by the state budget for loans to innovative start-up small and medium-sized enterprises (SMEs) and SMEs participating in industry clusters and value chains through credit institutions is 2% per year.

2. Credit institutions shall provide interest-subsidized loans to innovative start-up small and medium-sized enterprises (SMEs) and SMEs participating in industry clusters and value chains within the scope of the state budget allocation; advance payments, settlements, and final accounts shall be made in accordance with the provisions of the law and guidance of competent state agencies.

3. Small and medium-sized enterprises (SMEs) eligible for interest rate support are legally responsible for the accuracy of the information provided regarding their production and business plans and projects; they must repay the subsidized amount if they violate regulations on interest rate support and lending laws of credit institutions.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 28. Responsibilities of ministries, ministerial-level agencies, and agencies under the Government

1. The Ministry of Planning and Investment assists the Government in unifying state management of support for small and medium-sized enterprises, and is responsible for:

a) To develop and submit to competent authorities for promulgation, or to promulgate within its authority, legal documents on supporting small and medium-sized enterprises;

b) To take the lead in compiling and reporting to competent authorities the medium-term and annual public investment plans to support small and medium-sized enterprises as stipulated in Clause 5, Article 11 and Section 4, Chapter IV of this Decree, in accordance with the law on public investment;

c) To preside over the compilation and development of annual state budget plans and estimates to support small and medium-sized enterprises; to coordinate with the Ministry of Finance in allocating recurrent expenditure from the central budget to ministries, ministerial-level agencies, government agencies, and providing targeted supplementary funding to localities that have not yet balanced their state budgets to support small and medium-sized enterprises in accordance with the Law on State Budget and its implementing guidelines;

d) To organize the construction, management, development, and maintenance of the portal and database supporting small and medium-sized enterprises; to preside over and coordinate with relevant agencies and organizations in establishing, connecting, integrating, and sharing information with the database supporting small and medium-sized enterprises;

d) To preside over the organization and development of an online training system as stipulated in point a, clause 2, Article 14 of this Decree, using central government budget funds;

e) To preside over and guide activities related to technology support; consulting; human resource development for small and medium-sized enterprises (SMEs); support for innovative start-ups for SMEs, SMEs participating in industry clusters and value chains, and management of activities supporting SMEs as stipulated in this Decree;

g) To chair and coordinate with relevant agencies in developing a set of tools for assessing the capacity of small and medium-sized enterprises (SMEs) to participate in value chains, so that agencies and organizations supporting SMEs and related organizations have a basis for applying and selecting enterprises to support;

h) Annually review and publish on the Information Portal the list of agencies and organizations supporting small and medium-sized enterprises at the central and local levels.

2. The Ministry of Finance is responsible for:

a) Annually, based on the plan and budget estimates for state support for small and medium-sized enterprises compiled by the Ministry of Planning and Investment, and based on the availability of state budget funds, the Ministry of Finance allocates and distributes the recurrent budget estimates to implement support measures for small and medium-sized enterprises in accordance with the Law on State Budget, the Law on Support for Small and Medium-sized Enterprises, and this Decree;

b) To preside over and guide the mechanism for using state budget funds for recurrent expenditures to support small and medium-sized enterprises as stipulated in Clauses 1, 2, 3, 4 of Article 11, Article 12, Article 13, Article 14, Article 22, and Article 25; and the funds for managing activities supporting small and medium-sized enterprises as prescribed in this Decree;

c) To chair the submission to the Prime Minister of guidelines on interest rate subsidies for loans to innovative start-up small and medium-sized enterprises (SMEs) and SMEs participating in industry clusters and value chains. To chair the implementation of temporary disbursement and final settlement of interest rate differential subsidies to credit institutions based on the state budget allocation as stipulated in Section 4, Chapter IV of this Decree.

3. The Ministry of Labour, Invalids and Social Affairs is responsible for presiding over and coordinating with the Ministry of Finance and relevant agencies to guide the provision of vocational training support for workers in small and medium-sized enterprises as stipulated in Clause 4, Article 14 of this Decree.

4. The State Bank of Vietnam is responsible for:

a) To take the lead in compiling the needs for interest rate subsidies from credit institutions for loans to innovative start-up small and medium-sized enterprises (SMEs) and SMEs participating in industry clusters and value chains, and submitting them to the Ministry of Planning and Investment for inclusion in the overall medium-term and annual public investment plans in accordance with the law on public investment;

b) To preside over and guide credit institutions in providing interest-subsidized loans to innovative start-up small and medium-sized enterprises (SMEs) and SMEs participating in industry clusters and value chains as stipulated in Section 4, Chapter IV of this Decree;

c) Coordinate with the Ministry of Finance to review and compare data on proposed settlements for interest rate differential subsidies from credit institutions.

5. Ministries, ministerial-level agencies, and government agencies, within the scope of their duties and powers, are responsible for:

a) Based on the nature and objectives of the support, detailed regulations and guidelines may be provided for the criteria stipulated in Articles 20, 23, and 24 of this Decree, ensuring they are consistent with the areas of state management and relevant legal provisions;

b) Based on the ability to balance resources, develop plans and budget estimates for state budget support for small and medium-sized enterprises (SMEs) annually and in the medium term under the management of the sector and field as stipulated in the Law on Support for SMEs and this Decree, and submit them to the Ministry of Planning and Investment for inclusion in the overall budget estimates for support for SMEs annually and in the medium term;

c) Periodically, before December 15th of each year, submit a report to the Ministry of Planning and Investment on the implementation status of the contents, projects, programs, and plans to support small and medium-sized enterprises under the management of the sector and field as stipulated in this Decree;

d) Provide and update information on support for small and medium-sized enterprises; publish information as prescribed in Clause 1, Article 14 of the Law on Support for Small and Medium-sized Enterprises on the websites of ministries, ministerial-level agencies, and government agencies, and publicly disclose information on support for small and medium-sized enterprises on the Information Portal as prescribed in Article 29 of the Law on Support for Small and Medium-sized Enterprises;

d) Specify the areas of consultation and the criteria for recognizing individuals and organizations providing consultation within the network of consultants in the industry or field under their responsibility; publish the areas of consultation, the criteria for recognizing consultants in the network, and the list of consultants in the network on the website of the ministry or ministerial-level agency, and simultaneously send it to the Ministry of Planning and Investment for updating into the database of consultants on the Information Portal; assign a subordinate unit to act as the focal point for recognizing consultants in the network and managing, operating, and maintaining the network of consultants in the industry or field under their responsibility;

e) Proactively allocate the assigned annual and medium-term state budget to provide support for small and medium-sized enterprises.

Article 29. Responsibilities of the Provincial People's Committee

1. Assign the Department of Planning and Investment as the focal point, coordinating with other departments and agencies to develop content, projects, programs, and plans to support small and medium-sized enterprises in the province, for submission to the Provincial People's Committee for approval.

2. The provincial People's Committee may submit to the provincial People's Council for approval a higher level of support than that stipulated in this Decree, using funds from the local budget.

3. Based on the nature and objectives of the support, detailed regulations and guidelines may be provided for the criteria stipulated in Articles 20, 23, and 24 of this Decree, ensuring they are consistent with the state management area and relevant legal provisions.

4. Based on the availability of resources, develop annual and medium-term plans and budget estimates for state support for small and medium-sized enterprises (SMEs) from recurrent and public investment budgets, and submit them to the Provincial People's Council for approval; direct relevant agencies to organize the implementation of support for SMEs in accordance with the Law on Support for Small and Medium-Sized Enterprises and this Decree; compile and send to the Ministry of Planning and Investment proposals for supplementary funding from the central budget for localities that have not yet balanced their state budgets to support SMEs.

5. In the case of developing a support scheme for small and medium-sized enterprises in the locality, the Provincial People's Committee shall announce it on the local website and notify the Ministry of Planning and Investment to publicize it on the Information Portal as prescribed in Clause 3, Article 29 of the Law on Support for Small and Medium-sized Enterprises after the scheme is approved.

6. Provide and update information on support for small and medium-sized enterprises; publish information as prescribed in Clause 1, Article 14 of the Law on Support for Small and Medium-sized Enterprises on the local government's website and make information on support for small and medium-sized enterprises publicly available on the Information Portal as prescribed in Article 29 of the Law on Support for Small and Medium-sized Enterprises.

7. Periodically, before December 15th of each year, submit a report to the Ministry of Planning and Investment on the implementation status of the contents, projects, programs, and plans to support small and medium-sized enterprises in the locality as stipulated in this Decree.

Article 30. Responsibilities of socio-political and professional organizations; social organizations, and socio-professional organizations

1. Coordinate with ministries, ministerial-level agencies, government agencies, and provincial People's Committees to implement activities supporting small and medium-sized enterprises as stipulated in Article 26 of the Law on Supporting Small and Medium-Sized Enterprises and this Decree.

2. Political and socio-professional organizations, social organizations, and socio-professional organizations with nationwide or inter-provincial scope of operation: Based on the needs of small and medium-sized enterprises (SMEs) in their respective fields and geographical areas, they shall annually and medium-term develop plans and propose support needs and funding to the Ministry of Planning and Investment for overall compilation; organize the implementation of support activities for SMEs based on assigned tasks; and report on the implementation of SME support activities to the competent authority that assigned the task of supporting SMEs.

3. Political and socio-professional organizations, social organizations, and local socio-professional organizations: Based on the needs of small and medium-sized enterprises (SMEs) in their respective fields and areas of responsibility, they shall annually and in the medium term develop plans and propose support needs and funding to the Department of Planning and Investment for overall compilation; organize the implementation of support activities for SMEs based on assigned tasks; and report on the implementation of SME support activities to the competent authority that assigned the task of supporting SMEs.

4. Mobilize resources and provide support to small and medium-sized enterprises as stipulated in this Decree.

Article 31. Responsibilities of agencies and organizations supporting small and medium-sized enterprises in recovering support funds.

1. Agencies and organizations supporting small and medium-sized enterprises (SMEs) shall recover funds provided to SMEs if it is discovered that the enterprise has made false declarations, used the support funds for purposes other than intended, or failed to fulfill its support commitments.

2. The recovery of financial support as stipulated in Clause 1 of this Article shall be carried out in accordance with the provisions of the law.

Article 32. Support procedures and processes

1. Small and medium-sized enterprises (SMEs) are supported through agencies and organizations that support SMEs. SMEs submit their support request dossiers as stipulated in Clause 4 of this Article, either in person or online, to the relevant SME support agencies and organizations for consideration and decision.

2. Regarding support for information dissemination, human resource development for small and medium-sized enterprises (SMEs), and support for SMEs transitioning from household businesses: Agencies and organizations supporting SMEs shall implement these activities according to the assigned state budget plan and estimates.

3. Regarding support for consulting, technology, and assistance to innovative start-ups for small and medium-sized enterprises (SMEs), and SMEs participating in industry clusters and value chains, the following procedures and processes shall be followed:

a) Within 14 working days from the date of receiving the application for support from small and medium-sized enterprises (SMEs), the SME support agency or organization shall review the application, make a decision, and notify the enterprise (in writing or online). If the enterprise does not meet the eligibility criteria for support, the SME support agency or organization shall notify the enterprise. If the enterprise meets the eligibility criteria but has incomplete documentation, the SME support agency or organization shall guide the enterprise in completing the documentation. If the enterprise meets the eligibility criteria and has complete documentation, the SME support agency or organization shall notify the enterprise of the support, clearly stating the content, the amount of state budget support, and other funding (if any).

b) In cases where agencies or organizations supporting small and medium-sized enterprises (SMEs) are capable of directly providing products and services to SMEs:

After receiving notification of support for small and medium-sized enterprises (SMEs), the SME support agency or organization, together with the SME, will sign a contract. The contract must clearly state the portion of state budget support, the costs borne by the SME, other costs (if any), and payment terms. Based on the results of the contract implementation, both parties will conduct acceptance testing, liquidate the contract, and settle the contract costs according to regulations.

c) In cases where agencies and organizations supporting small and medium-sized enterprises cooperate with other agencies, organizations, or individuals capable of providing products and services to support small and medium-sized enterprises (collectively referred to as the providers):

After receiving notification of support for small and medium-sized enterprises (SMEs), the SME support agency or organization, along with the supplier and the SME, will sign a contract. The contract must clearly state the portion of state budget support, the costs borne by the SME, other costs (if any), and payment terms. Based on the results of the contract implementation, the three parties will conduct acceptance testing, liquidate the contract, and settle the contract costs according to regulations.

d) The use, payment, and settlement of state budget funds supporting small and medium-sized enterprises by agencies and organizations in the cases specified in points b and c of this clause shall be carried out in accordance with the law on the state budget and relevant guiding documents.

4. The application for support includes:

a) A declaration form identifying micro-enterprises, small enterprises, and medium-sized enterprises, and proposing support needs, using the form prescribed in the Appendix attached to this Decree;

b) Documents and records related to the proposed support (if any).

5. Documents required for payment of state budget funds supporting small and medium-sized enterprises include:

a) Announcement regarding support for small and medium-sized enterprises;

b) Contracts, contract termination agreements, and acceptance reports (if any) between small and medium-sized enterprises and agencies, organizations, or individuals providing support services;

c) Relevant invoices and financial documents.

Chapter VI

TERMS ENFORCEMENT

Article 33. Transitional provisions

1. From the effective date of this Decree, support activities for small and medium-sized enterprises (SMEs) prior to the effective date of this Decree shall continue to be implemented according to the approved content, programs, and plans, and SMEs shall be entitled to new support as stipulated in this Decree.

2. In cases where small and medium-sized enterprises have submitted applications or requests for support before the effective date of this Decree but have not yet received approval from the competent support agency or organization, the enterprises shall resubmit or supplement their application for support in accordance with the provisions of this Decree for consideration and approval.

3. The legal documents applicable according to the content and support levels for small and medium-sized enterprises stipulated in Government Decree No. 39/2018/ND-CP dated March 11, 2018, detailing a number of articles of the Law on Support for Small and Medium-sized Enterprises, shall be adjusted according to the content and support levels stipulated in this Decree.

Article 34. Enforcement

This Decree takes effect from October 15, 2021 and replaces Decree No. 39/2018/ND-CP dated March 11, 2018 of the Government detailing a number of articles of the Law on Support for Small and Medium-Sized Enterprises.

Article 35. Responsible for implementing

1. The Ministry of Planning and Investment is responsible for providing guidance; presiding over and coordinating with ministries, ministerial-level agencies, government agencies, and People's Committees of provinces and centrally-administered cities in implementing this Decree, and periodically reporting to the Prime Minister on the implementation situation.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree.