Circular No. 06/2019/TT-BKHDT dated March 29, 2019 of the Ministry of Planning and Investment on guiding the Scheme for organization and operations of the consultant network, supporting small and medium-sized enterprises with consultant via network

THE MINISTRY OF PLANNING AND INVESTMENT

Circular No. 06/2019/TT-BKHDT dated March 29, 2019 of the Ministry of Planning and Investment on guiding the Scheme for organization and operations of the consultant network, supporting small and medium-sized enterprises with consultant via network

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

Pursuant to the Decree No. 39/2018/ND-CP dated March 11, 2018 of the Government on detailing a number of Articles of the laws on small and medium-sized enterprises;

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

At the proposal of the Director of Enterprise Development Department;

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

Article 1. Scope of adjustment

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

Article 2. Subject of application

1. The subjects of application prescribed in Article 2 of the Decree No. 39/2018/ND-CP dated March 11, 2018 of the Government on detailing a number of Articles of the Laws on small and medium-sized enterprises (SMEs);

2. This Circular is not applicable  to consultancy supports for creative startups of SMEs and SMEs included in the in industrial clusters and value chains prescribed in the Chapter IV in the Decree No. 39/2018/ND-CP dated March 11, 2018 of the Government on guidelines for the Law on Assistance for Small and Medium-Sized Enterprises.  These enterprises’ consultancy supports shall be prescribed with the assistance schemes for SMEs approved by the competent authorities.

Article 3. The organization for consultant networks and consultancy supports for SMEs for via consultant network

To organize and operate the consultant network in accordance with the Article 13 of the Decree No. 39/2018/ND-CP dated March 11, 2018 of the Government on detailing a number of Articles of the Laws on small and medium-sized enterprises (SMEs); including the activities as follows:

1. To organize the consultant network:

a) To set up requirements and recognizing members under the consultant network.

b) To publish the consultant network.

c) To manage, supervise and evaluated the consultant network’s operation.

2. Providing the support consultancy for SMEs:

a) SMEs choose consultants in the consultant network.

b) To receive applications for consultancy supports.

c) To approve consultancy support.

c) To manage, supervise, and evaluate the consultancy for SMEs.

Article 4. To set up the requirements and recognizing members of the consultant network and publishing consultant network

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

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

Article 5. Choosing organizations and individual under consultant networks by SMEs

1. Basing on consultancy network’s information posted on the websites of SMEs  National Portals, ministries, ministerial-level agencies, to choose, access, negotiate and sign the settlement minutes for the consulting services with consultant network’s members (referred to as settlement minutes of consulting services).

2. The minutes of settlement of consulting services contain:

a) Name and information of SMEs; consulting individual and organizations.

b) Contents and scopes of consulting.

c) Rights, obligations and duties of parties involved in the settlement minutes,

d)  Duration and schedule of consulting services.

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

e) Expected results of consulting services.

g) Other agreements in respect of consulting services.

Article 6. Process of receiving the application for consulting supports

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

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

3.To make the application for consultancy support in accordance with Clause 2, Article 13 of the Decree No. 39/2018/ND-CP dated March 11, 2018 of the Government on guidelines for the Law on Assistance for SMEs.

Article 7. Approving the consulting supports

1. The bodies support for SMEs shall have responsibilities for considering and approving the applications basing on the requirements as follows:

a) SMEs  shall satisfy the requirements prescribed in Article 6 of the Decree No. 39/2018/ND-CP dated March 11, 2018 of the Government on guidelines for the Law on Assistance for SMEs.

b) Organizations, individual are the member of the consultant network.

c) The budget proposed for the amount prescribed at the Article 13 of the Decree No. 39/2018/ND-CP dated March 11, 2018 of the Government on guidelines for the Law on Assistance for SMEs.

d) The contents of settlement minutes of the consulting services shall be made in accordance with the regulations in conformity up to SMEs’ demands.

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

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

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

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

Article 8. Management, supervision and evaluation on the operation of members of consulting network; support SMEs via consulting network

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

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

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

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

Article 9. To report on consultancy support for SMEs via members of consulting network

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

Article 10. Implementation effect

1. This Decree shall take effect on May 12, 2019.

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

3. Ministers, heads of ministerial agencies, Presidents of People’s Committees of provinces, heads of relevant entities shall implement this Circular. Any difficulties arising in the course of implementation shall be reported to the Ministry of Planning and Investment for consideration./.

The Minister

Nguyen Chi Dung