Circular No. 03/2008/TT-BCT dated March 14, 2008 of the Ministry of Industry and Trade guiding a number of Provisions of the Prime Minister's Decision No. 55/2007/QD-TTg dated April 23, 2007, approving the list of priority industries and spearhead industries for the 2007-2010 period, with a vision toward 2020, and a number of incentive policies for development of these industries

CIRCULAR

GUIDING A NUMBER OF PROVISIONS OF THE PRIME MINISTERS DECISION No. 55/2007/QD-TTg OF APRIL 23, 2007, APPROVING THE LIST OF PRIORITY INDUSTRIES AND SPEARHEAD INDUSTRIES FOR THE 2007-2010 PERIOD, WITH A VISION TOWARD 2020, AND A NUMBER OF INCENTIVE POLICIES FOR DEVELOPMENT OF THESE INDUSTRIES

Pursuant to the Governments Decree No. 189/2007/ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Prime Ministers Decision No. 55/2007/QD-TTg of April 23, 2007, approving the list of priority industries and spearhead industries for the 2007-2010 period, with a vision toward 2020, and a number of incentive policies for development of these industries;

After reaching agreement with the Ministry of Science and Technology;

The Ministry of Industry and Trade guides the provision of supports for free-of-charge introduction of products, scientific research and technological development for priority industries and spearhead industries as follows:

I. GENERAL PROVISIONS

1. Scope of regulation

This Circular guides the provision of supports for free-of-charge introduction of products, scientific research and technological development for priority industries and spearhead industries specified in the Prime Ministers Decision No. 55/2007/QD-TTg of April 23, 2007, approving the list of priority industries and spearhead industries for the 2007-2010 period, with a vision toward 2020, and a number of incentive policies for development of these industries.

2. Subjects of application

Enterprises and production establishments of all economic sectors engaged in production in priority industries and spearhead industries.

3. Principles for provision of supports

a/ Supports are provided only for priority industries and spearhead industries specified in Appendix 1 promulgated together with Decision No. 55/2007/QD-TTg;

b/ Enterprises in priority industries and spearhead industries must have industrial production turnover from products turned out by these industries accounting for at least 50% of their total industrial production turnover.

II. ORDER FOR PROVISION OF SUPPORTS FOR FREE-OF-CHARGE INTRODUCTION OF PRODUCTS OF ENTERPRISES

1. Supports for free-of-charge introduction of products on the Ministry of Industry and Trades website

a/ Benefits of enterprises when registering for introduction of their products on the Ministry of Industry and Trades website

- They may introduce their trademarks or images of priority industry or spearhead industry products on this website for a maximum duration of 1 (one) year for 1 (one) time of registration.

Upon the expiration of the duration for introduction of their trademarks on the Ministry of Industry and Trades website, enterprises may make annual or multiple registration;

- They may add or change images of registered products and accompanied contents for no more than 3 (three) times within the registered duration for introduction on the Ministry of Industry and Trades website with an interval of 30 (thirty) days or more between two times of addition or change;

- They may create links between their websites to the Ministry of Industry and Trades website.

b/ A dossier of registration for introduction of a priority industry or spearhead industry product on the Ministry of Industry and Trades website comprises:

- An application for registration for introduction of the product on the Ministry of Industry and Trades website, made according to a set form (not printed herein). Enclosed with this application is the local Industry and Trade Services certification of the enterprises eligibility for supports specified in Clause 3, Section I of this Circular;

- A notarized copy of the business registration certificate;

- A list of main industrial products of the enterprise (of the last 3 (three) years), made according to a set form (not printed herein);

- A 4 cm x 6 cm photo of the director general or the director of the registering enterprise;

- Photos of the trademark or the priority industry or spearhead industry product registered for introduction on the Ministrys website, of a size of between 9 cm x 12 cm and 21 cm x 30 cm;

- Enterprises whose products have already been introduced on the Ministrys website and wishing to change or add information on these products shall submit to the Ministry applications for information change or addition, made according a set form (not printed herein).

2. Supports for free-of-charge introduction of products on websites of provincial/municipal Industry and Trade Services

The provision of supports for free-of-charge introduction of products on websites of provincial/ municipal Industry and Trade Services shall be guided by these Services.

3. Contact offices for receipt of dossiers and handling of applications of enterprises

a/ The Department for E-Commerce and Information Technology of the Ministry of Industry and Trade shall act as the contact office for receipt of registration dossiers of enterprises forwarded by provincial/municipal Industry and Trade Services;

b/ Provincial/municipal Industry and Trade Services shall act as contact offices for receipt and handling of dossiers of application for publication of product advertisement or introduction information of enterprises producing priority industry or spearhead industry goods on the Ministry of Industry and Trades website and provincial/municipal Industry and Trade Services.

4. Supports for free-of-charge display and introduction of products at national and local trade fairs and exhibitions

a/ Support level:

- Each enterprise participating in product display or introduction is entitled to a state budget support not exceeding VND 30 (thirty) million for renting 1 (one) indoor standard booth of 9 m2 or 1 (one) indoor ground lot of 36 m2 or 1 (one) outdoor ground lot of 50 m2;

- When participating in domestic export trade fairs or exhibitions, enterprises are entitled to a support equal to 50% of expenses for a booth therein (including rent, installation expense, charges for power, water, sanitation, security, etc.) based on bids offered by builders and suppliers or installation expense levels of previous years, and 100% of advertising costs.

- Each enterprise may enjoy supports only once a year from the central trade promotion fund. Local administrations may provide additional supports from local funds for enterprises participating in trade fairs or exhibitions organized in their localities or for local enterprises participating in regional or national trade fairs or exhibitions. Support modes and levels are specified by local administrations.

b/ Funding sources:

Supports for enterprises to display or introduce their products come from state budget funds, including:

- The central trade promotion fund;

- Local trade promotion funds.

c/ Procedures for enterprises to request supports

Enterprises shall register for participating in trade fairs or exhibitions at the invitation of trade fair or exhibition organizing companies. A dossier of registration for supports for product display or introduction comprises:

- An application for registration for supports for product display or introduction, made according to a set form (not printed herein). Enclosed with this application is the provincial/ municipal Industry and Trade Services certification of the enterprises eligibility for supports specified in Clause 3, Section I of this Circular;

- The enterprises estimation of expenses for renting a booth at a trade fair or exhibition;

- A list of the enterprises main products (of the last 3 (three) years).

Dossiers of enterprises must be sent to the central trade promotion fund or local trade promotion funds.

5. Supports for scientific research and technological development

a/ Modes of support provision

- Enterprises eligible for supports for scientific research, technological development and environmental protection at their production establishments are entitled to loans with the lowest interest rate under the charter of the national fund for scientific and technological development;

- Projects on trial production of priority industry or spearhead industry products not included in the States scientific and technological development plans are entitled to refundable supports equal to less than 50% of their capital amounts;

- Non-refundable supports not exceeding 30% of required capital are provided for enterprises producing products of priority industries or spearhead industries in line with the States priority scientific or technological directions.

b/ Funding sources

Supports for scientific research, technological development and environmental protection come from the National Fund for Scientific and Technological Development of the Ministry of Science and Technology and local scientific and technological development funds. Estimation of these supports must be annually made under the Law on State Budget.

c/ Procedures for requesting supports

Annually, after notifying their scientific and technological research plans on the Ministry of Industry and Trades website for registration, enterprises shall make dossiers of registration of their research and development projects. A dossier comprises:

- An application for registration of a scientific research and technological development project, made according to a set form (nor printed herein). Enclosed with this application is the local Industry and Trade Services certification of the enterprises eligibility for supports specified in Clause 3, Section I of this Circular;

- A written explanation of the scientific research and technological development project;

- A notarized copy of the enterprises business registration certificate;

- A list of the enterprises main products (of the last 3 years prior to the date of registration for supports), made according to a set form (not printed herein).

Dossiers must be sent to the Scientific and Technological Development Fund of the Ministry of Science and Technology or localities for consideration and provision of supports.

III. ORGANIZATION OF IMPLEMENTATION

1. The Planning Department of the Ministry of Industry and Trade shall assume the prime responsibility for reviewing the implementation of Decision No. 55/2007/QD-TTg.

2. The Department for E-Commerce and Information Technology of the Ministry of Industry and Trade shall make free-of-charge introduction of products for enterprises producing priority industry or spearhead industry products on the Ministrys website under Point b, Clause 1, Article 2 of Decision No. 55/2007/QD-TTg.

3. The Trade Promotion Department of the Ministry of Industry and Trade shall receive and settle requests of enterprises producing priority industry or spearhead industry products for supports for the display and introduction of their products at domestic export trade fairs and exhibitions organized by the Ministry of Industry and Trade in coordination with other agencies.

4. The Science and Technology Department of the Ministry of Industry and Trade shall coordinate with the Ministry of Science and Technology in guiding and carrying out procedures for provision of central budget supports for research, development and environmental protection activities.

5. Responsibilities of provincial/municipal Peoples Committees

a/ To draw up and announce lists of priority industry or spearhead industry products in their localities based on the criteria for determination specified in Decision No. 55/2007/QD-TTg and incorporate them in annual and five-year plans for implementation under Clause 2, Article 3 of Decision No. 55/2007/QD-TTg;

b/ To promulgate documents guiding procedures for receiving supports from state agencies for enterprises in their localities under Decision No. 55/2007/QD-TTg and this Circular;

c/ Before October 30 every year, to send to the Ministry of Industry and Trade lists of priority industry or spearhead industry products in their localities, and propose corresponding incentive mechanisms and policies.

6. Provincial/municipal Industry and Trade Services shall advise provincial/municipal Peoples Committees on the performance of the following tasks:

a/ Drawing up of lists of local enterprises producing priority industry or spearhead industry products, and submitting them to provincial/ municipal Peoples Committees for approval and use as a basis for the provision of supports;

b/ Organizing the provision of supports for local enterprises, including: free-of-charge introduction of products on provincial/municipal Industry and Trade Services websites, supports for the display of products at local trade fairs and exhibitions;

c/ Formulating mechanisms for local enterprises producing priority industry or spearhead industry products to use budget supports for trial production of new products or materials or auxiliary materials for use as import substitutes, with a view to perfecting new and advanced technologies and equipment before being applied to industrial-scale production;

d/ Reviewing and reporting the implementation of Decision No. 55/2007/QD-TTg and this Circular to the Ministry of Industry and Trade on an annual and biannual basis (before May 31 and November 30 every year).

7. This Circular takes effect 15 days after its publication in CONG BAO.

Any problems arising in the course of implementation of this Circular should be promptly reported by concerned organizations and individuals to the Ministry of Industry and Trade for study and solution.