Circular No. 28/2018/TT-BTC dated March 28, 2018 of the Ministry of Finance on guiding the estimation, management and use of industrial extension funds

CIRCULAR

Guiding the estimation, management and use of industrial extension funds^[1]

Pursuant to the June 25, 2015 Law on the State Budget;

Pursuant to the Government’s Decree No. 163/2016/ND-CP of December 21, 2016, detailing a number of articles of the Law on the State Budget;

Pursuant to the Government’s Decree No. 87/2017/ND-CP of July 26, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Government’s Decree No. 45/2012/ND-CP of May 21, 2012, on industrial extension;

At the proposal of the Director of the Department of Non-Business Administrative Finance;

The Minister of Finance promulgates the Circular guiding the estimation, management and use of industrial extension funds.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Circular guides the estimation, management and use of industrial extension funds prescribed in the Government’s Decree No. 45/2012/ND-CP of May 21, 2012, on industrial extension (below referred to as Decree No. 45/2012/ND-CP).

Article 2.Subjects of application

1. Organizations and individuals directly investing in industrial and cottage industry production in rural districts, towns, townships, communes and wards of grade-2 and grade-3 cities and in wards of grade-1 cities which have been upgraded from communes within 5 years, including small- and medium-sized enterprises, cooperatives, cooperative groups and business households established and operating under law (below collectively referred to as rural industrial establishments).

2. Industrial production establishments applying cleaner production.

3. Domestic and foreign organizations and individuals engaged in the management and provision of industrial extension services.

Article 3.Funding sources for industrial extension activities

1. The central budget shall allocate funds for national industrial extension activities managed and organized by the Ministry of Industry and Trade.

2. Local budgets shall allocate funds for local industrial extension activities managed and organized by People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees), district-level and commune-level People’s Committees.

3. In addition to the above funds, the Ministry of Industry and Trade and People’s Committees at all levels shall mobilize other lawful financial sources and integrate projects under the national target programs, target programs and other socio-economic development programs in order to achieve industrial extension objectives.

Article 4.Principles of use of industrial extension funds

1. The national industrial extension fund shall cover expenses for industrial extension activities managed and organized by the Ministry of Industry and Trade, including promotion of development of rural industry on a regional or national scale; key national industrial extension schemes with spillover effects to promote the development of rural industry. Criteria for identifying industrial extension activities on a regional or national scale and key national industrial extension schemes shall be prescribed by the Minister of Industry and Trade.

Local industrial extension funds shall cover expenses for industrial extension activities managed and organized by People’s Committees at all levels, including promotion of development of rural industry of provincial significance in line with provincial strategies and master plans.

2. Industrial extension schemes and tasks shall be selected under regulations of the Ministry of Industry and Trade (for the national industrial extension fund) or of People’s Committees at all levels (for local industrial extension funds) or through bidding under current regulations.

Article 5.Conditions for receiving industrial extension financial support

To be entitled to industrial extension financial support, an organization or individual must satisfy the following conditions:

1. Its/his/her tasks or scheme conform(s) to Article 4 and its/his/her business line or sector conform(s) to the list of business lines and sectors specified in Article 5 of Decree No. 45/2012/ND-CP.

2. Its/his/her tasks or scheme have/has been approved by a competent agency (the Ministry of Industry and Trade for national industrial extension; or People’s Committees at all levels for local industrial extension).

3. It/he/she has invested capital or committed to investing sufficient capital for implementation of its/his/her scheme approved by a competent authority (after subtracting the state budget’s financial support).

4. It/he/she has committed to implementing or benefiting from an industrial extension scheme which has not yet received support from any funding source of the State for the same spending item eligible for industrial extension financial support.

5. Industrial extension service providers and other service providers are experienced and capable of organizing industrial extension activities (except activities directly organized by state management agencies).

Chapter II

EXPENSES AND EXPENSE LEVELS

Article 6.Expenses for industrial extension activities

1. Short-term vocational training, combining theory with practice according to the needs of rural industrial establishments, in order to create jobs and improve job skills for laborers; training of talented workmen and handicraft and cottage industry artisans in order to form a pool of trainers for the programs on vocational training, improvement of job skills and apprentice training in rural areas.

2. Support for counseling, training, seminars and forums; organization of domestic and overseas study tours and experience-learning visits in order to build corporate governance capacity and capacity to apply cleaner production in industry; business startup training; establishment of rural industrial production enterprises; expansion of domestic consumption and export outlets for rural industrial products.

3. Support for the building of technical demonstration models in industrial, handicraft and cottage industrial production; building of pilot models of application of cleaner production; application of modern machinery and equipment and technological lines; transfer of technologies and scientific and technical advances in industrial and cottage industry production.

4. Organization of votes to select typical rural industrial products; organization of fairs and exhibitions of rural industrial goods and handicraft and fine art articles; support for rural industrial establishments to participate in fairs and exhibitions; support for the development and registration of brands; support for investment in showrooms for product display and marketing (at industrial extension centers and rural industrial establishments) and other trade promotion activities.

5. Provision of counseling on formulation of investment and marketing projects; production, finance, accounting and human resources management; establishment of production and business joint ventures and associations; designing of product models and packages; application of new technologies and equipment; guidance and support for organizations and individuals to have access to investment incentives, preferential policies on land, science and technology, finance-credit and other preferential policies of the State.

6. Creation of television and radio broadcasts; publishing of bulletins and publications; building of databases and websites, printing and distribution of leaflets and brochures and other forms of mass communication on industrial and trade development.

7. Support for economic association, partnership and cooperation, development of industrial clusters and relocation of polluting establishments:

a/ Support for rural industrial establishments in establishing trade associations and societies and forming clusters of industrial enterprises.

b/ Support for the formulation of detailed plans on, building of infrastructure facilities in, and payment of expenses for organization of conferences, seminars and forums to attract investment for development of, industrial clusters.

c/ Support for counseling on and interest rates of loans for relocation of polluting rural industrial establishments into industrial parks and clusters.

d/ Support for repair and upgrading of environmental pollution treatment systems in industrial clusters and rural industrial establishments.

8. International cooperation in industrial extension

a/ Formulation of programs, schemes and projects on international cooperation in industrial extension and cleaner production.

b/ Exchange and learning of experiences on industrial extension, industrial development promotion, industrial cluster management and cleaner production with foreign organizations and individuals in accordance with Vietnamese law through conferences, seminars and forums.

c/ Building of capacity and improvement of professional qualifications for industrial extension workers under international cooperation programs and overseas study and survey programs and schemes.

9. Building of capacity for management and organization of industrial extension activities

a/ Formulation of programs on, development of materials for and organization of professional training and refresher courses for industrial extension workers.

b/ Organization of domestic study tours; holding of symposia and conferences for review of industrial extension activities; building, maintenance and promotion of databases and websites on industrial extension and cleaner production.

c/ Upgrading of physical foundations and working equipment and facilities for region-based national industrial extension centers and provincial-level industrial extension centers; payment of remunerations for industrial extension collaborators to maintain their networks.

d/ Formulation of periodical industrial extension programs and annual industrial extension plans.

dd/ Inspection and supervision of, and provision of guidance on, the implementation of industrial extension programs, plans and schemes.

10. Other industrial extension activities.

Article 7.General expense levels for industrial extension activities

Industrial extension funds for industrial extension activities shall be used strictly according to the current financial expenditure norms and regimes promulgated by competent state agencies. This Circular specifically guides the following spending levels:

1. Expenses for development of programs, curricula and documents for industrial extension training, and introduction and instruction of techniques, dissemination of knowledge and building of capacity to apply cleaner production must comply with the Ministry of Finance’s Circular No. 123/2009/TT-BTC of June 17, 2009, prescribing expense items and levels for development of framework programs and curricula and coursebooks of subjects taught at universities, colleges and professional secondary schools.

2. Expenses for vocational training must comply with the Ministry of Finance’s Circular No. 152/2016/TT-BTC of October 17, 2016, prescribing the management and use of support funds for basic training and under-3-month training (including supports for meals and travel during the job training period for talented workmen and handicraft and cottage industry artisans attending training of job trainers).

3. Expenses for organization of conferences, seminars, training courses and forums must comply with the Ministry of Finance’s Circular No. 40/2017/TT-BTC of April 28, 2017, prescribing working mission allowances and expenses for conferences.

4. Expenses for organization of overseas study tours, surveys, fairs, exhibitions, seminars and forums must comply with the Ministry of Finance’s Circular No. 102/2012/TT-BTC of June 21, 2012, prescribing working mission allowances for state cadres and civil servants on overseas short-term working missions funded by the state budget.

5. Expenses for exchange and learning of experiences on industrial extension, industrial development promotion, industrial cluster management and cleaner production with foreign organizations and individuals through conferences, seminars and forums in Vietnam must comply with the Ministry of Finance’s Circular No. 01/2010/TT-BTC of January 6, 2010, prescribing expenses for reception of foreign guests working in Vietnam, organization of international conferences and seminars in Vietnam and reception of domestic guests.

6. Expenses for organization of industrial extension contests and movements must comply with the Ministry of Finance’s Circular No. 55/2013/TT-BTC of May 6, 2013, prescribing the management and use of funding sources for implementation of the scheme on building a cultured life of industrial-park workers through 2015, with orientations toward 2020.

7. Expenses for organization of training courses to build governance capacity and capacity to apply cleaner production in industry, professional training and refresher courses for industrial extension trainers and workers must comply with the Ministry of Finance’s Circular No. 139/2010/TT-BTC of September 21, 2010, prescribing the estimation, management and use of state budget funds for training and retraining of cadres and civil servants.

8. Expenses for organization of training courses on business startup and governance must comply with Joint Circular No. 04/2014/TTLT-BKHDT-BTC of August 13, 2014, of the Ministry of Planning and Investment and Ministry of Finance, guiding supports for training of human resources for small- and medium-sized enterprises.

9. Expenses for application of information technology must comply with the Ministry of Finance’s Circular No. 194/2012/TT-BTC of November 15, 2012, guiding levels of expenses for creation of electronic information to maintain regular operation of state budget-funded agencies and units.

10. Expenses for hiring experts must comply with the Ministry of Labor, War Invalids and Social Affairs’ Circular No. 02/2015/TT-BTC of January 12, 2015, prescribing salary levels for domestic counseling experts for use as a basis for estimation of costs of bidding packages for provision of counseling services under contracts according to the period of state capital use.

11. Expenses for upgrading physical foundations and working facilities for region-based national industrial extension centers and provincial-level industrial extension centers shall be paid at levels determined in cost estimates approved by competent authorities.

Article 8.Expense levels for national industrial extension activities

1. Financial support shall be provided for establishment of rural industrial production enterprises in localities with socio-economic difficulties or extreme socio-economic difficulties in accordance with law, including finalization of business plans; projects on establishment of enterprises and expenses related to enterprise establishment registration at a level not exceeding VND 10 million/enterprise.

2. Financial support for building technical demonstration models

a/ For demonstration models for popularization of new technologies and production of new products, financial support shall be provided for construction and purchase of machinery and equipment; finalization of documents on technological process and production process to serve the technical demonstration. The maximum support level will be equal to 30% of total expenses but must not exceed VND 1 billion/model.

b/ For models of rural industrial establishments which are effectively operating and need to be popularized for other organizations and individuals to follow, financial support shall be provided for finalization of documents on technological process; improvement of production process to serve the technical demonstration at a level not exceeding VND 100 million/model.

3. Financial support for building pilot models of cleaner production in industry for industrial production establishments shall be provided for replacement of raw materials, fuels and materials; renewal of machinery, equipment and technological lines; training for building governance capacity; training for improvement of workers’ skills; sale of products; finalization of documents on technological process and production process to serve the technical demonstration. The maximum support level will be equal to 30% of total expenses but must not exceed VND 500 million/model.

4. Financial support shall be provided for application of advanced machinery and equipment, technology transfer and scientific and technical advances to industrial and cottage industry production. The maximum support level will be equal to 50% of total expenses but must not exceed VND 300 million/establishment. Financial support for technological lines must not exceed 1.5 times the support for application of advanced machinery and equipment, technology transfer and scientific and technical advances to industrial and cottage industry production.

5. Financial support for organization of domestic fairs and exhibitions of rural industrial products, handicraft and fine-art products shall be provided to cover 100% expenses for renting stalls, carrying out public information and communication and activities of fair or exhibition organizers on the basis of bidding prices or prices approved by competent authorities in case of lacking conditions for bidding organization.

In case rural industrial establishments participate in other domestic fairs and exhibitions, the maximum support level will be equal to 80% of stall rentals.

6. Financial support for organization of overseas fairs and exhibitions for rural industrial establishments shall be provided to cover 100% expenses for renting grounds, designing and building stalls and making common decorations of the Vietnamese stall area (including the national stall, if any); expenses for organization of inaugural ceremonies of fairs or exhibitions organized exclusively for Vietnamese products (invitations, reception, decoration, sound, lighting and public information); expenses for organization of seminars and display of products (renting conference halls, equipment, decorations and guest reception); expenses for program organizers. Such expenses shall be determined through bidding or at prices approved by competent authorities in case of lacking conditions for bidding organization.

7. Financial support shall be provided to cover 100% of air fares for representatives of rural industrial establishments on overseas study tours. The number of persons eligible for support shall be decided by a competent agency.

8. Expenses for organization of voting to select and award of certificates to typical rural industrial products at the regional or national level:

a/ For expenses for organization of voting to select and award of certificates to typical rural industrial products at the regional or national level, the maximum support level must not exceed VND 200 million/time for the regional level or VND 400 million/time for the national level.

b/ For expenses for giving rewards for selected typical rural industrial products, including certificates, certificate frames, memorial medals and monetary rewards, a regional-level reward must not exceed VND 5 million/product, and a national reward must not exceed VND 10 million/product.

9. Financial support for building and registration of marks of rural industrial products must not exceed VND 35 million/mark.

10. For financial support for hiring of counseling and assistance for rural industrial establishments in the formulation of investment projects; marketing; production management, finance, accounting and human resources; designing of models and packages; application of new technologies and equipment, the maximum support level will be equal to 50% of total expenses but must not exceed VND 35 million/establishment.

11. For expenses for creation of television and radio broadcasts; distribution of bulletins, publications, leaflets, brochures and other mass media programs, the expense levels must comply with contracts with communication and mass media agencies selected through bidding. In case of placement of orders or assignment of tasks, expense levels shall be determined at unit prices approved by competent authorities.

12. For financial support for establishment of regional and national trade associations and societies, the maximum support level will be equal to 30% of total expenses for the establishment but must not exceed VND 70 million/regional association or society or VND 100 million/national association or society.

13. For financial support for formation of clusters of associated industrial enterprises, the maximum support level will be equal to 50% of total expenses but must not exceed VND 150 million/cluster.

14. For financial support for loan interests for the relocation of polluting rural industrial establishments into industrial parks or clusters (support shall be provided after investment in these establishments is completed), the maximum support level will be equal to 50% of interest rates of loans for building of workshops, procurement of machines, equipment and technological lines for the first 2 years but must not exceed VND 500 million/establishment. The support for loan interests will be provided for medium- and long-term loans in Vietnam dong which must be repaid before or when they become due, not for those overdue under credit contracts, with the lowest interest rate in the interest rate bracket applicable to investment amounts serving production and business activities of the same term and in the same period of the Vietnam Development Bank.

15. For financial support for repair and upgrading of environmental pollution treatment systems at rural industrial establishments, the maximum support level will be equal to 30% of total expenses but must not exceed VND 300 million/establishment.

16. For financial support for repair and upgrading of environmental pollution treatment systems in industrial clusters, the maximum support level will be equal to 30% of total expenses but must not exceed VND 1.5 billion/cluster.

17. For financial support for formulation of detailed plans on industrial clusters, the maximum support level will be equal to 50% of total expenses but must not exceed VND 500 million/cluster.

18. Financial support for building of infrastructure facilities of industrial clusters shall be provided for ground leveling and building of internal roads, water supply and drainage systems and environmental pollution treatment systems at a level not exceeding VND 6 billion/cluster.

19. Expenses for organization of refresher and training courses:

a/ Expenses for training courses to improve job skills of laborers must comply with the Ministry of Finance’s Circular No. 152/2016/TT-BTC of October 17, 2016, prescribing the management and use of support funds for basic training and under-3- month training courses.

b/ Expenses for training of talented workmen and artisans to maintain and develop trades and crafts and form a pool of trainers for job training and skill improvement programs in rural areas shall be paid at levels stated in estimates approved by competent authorities.

20. For expenses for payment of remuneration for industrial extension collaborators, the maximum remuneration must not exceed the basic wage/person/month.

21. Financial support for showrooms to introduce and advertise products at the national industrial extension center in regions and rural industrial establishments:

a/ For the national industrial extension center in regions: Financial support for the initial procurement of management equipment and tools for display must not exceed VND 500 million/showroom.

b/ For rural industrial establishments having typical national rural industrial products: Financial support for the initial procurement of management equipment and tools for display must not exceed VND 70 million/showroom.

c/ For rural industrial establishments having typical regional rural industrial products: Financial support for the initial procurement of management equipment and tools for display must not exceed VND 50 million/showroom.

22. Expenses for management of industrial extension programs and schemes

a/ Agencies managing industrial extension funds may use no more than 1.5% of industrial extension funds annually allocated by competent authorities to support the formulation of programs and schemes, inspection, supervision and takeover tests, including hiring of experts and laborers (if any); payment for overtime work under regulations; stationeries, telephone, electricity and water charges, and postal services; working mission allowances, petrol and oil, rent of cars for inspection teams (if any); appraisal, selection and takeover testing of industrial extension programs and schemes; and other activities (if any). Expenses and expense levels shall be approved by competent agencies.

b/ For organizations providing national industrial extension services: Units implementing industrial extension schemes may spend no more than 3% of total estimated expenses (or 4% for schemes implemented in localities with socio-economic difficulties or extreme socio-economic difficulties or poor districts as prescribed by the Government) for management, direction, inspection, supervision activities and other activities (if any).

23. Priority support funds for the programs, schemes and tasks specified in Clauses 1 and 2, Article 6 of Decree No. 45/2012/ND-CP shall be approved by the Ministry of Industry and Trade, in order to attract investors in developing industry and cottage industry and applying cleaner production in localities and sectors and trades eligible for priority, but must not exceed 1.5 times the above support level.

Article 9.Expense levels for local industrial extension activities

1. Pursuant to Decree No. 45/2012/ND-CP and support levels guided in this Circular, provincial-level People’s Committees shall elaborate regulations on management of local industrial extension funds and prescribe specific expense levels for local industrial extension activities suitable to the balancing capability of local budgets.

2. Based on the practical situation and capability of local budgets, provincial-level People’s Committees shall submit to their People’s Councils for promulgation  support contents and levels other than those prescribed in this Circular as suitable to practical local conditions.

Chapter III

ESTIMATION, OBSERVANCE OF EXPENSE ESTIMATES AND FINALIZATION OF EXPENSES

Article 10.Estimation, observance of expense estimates and finalization of expenses

The estimation, observance of expense estimates and finalization of expenses for industrial extension activities must comply with the Law on the State Budget and guiding legal documents, and this Circular.

Article 11.Making and assignment of expense estimates

1. For the national industrial extension fund

a/ Annually, based on the examination numbers of state budget expenditure estimates announced by the Ministry of Finance and industrial extension programs approved by competent authorities and expense levels specified in this Circular, the Ministry of Industry and  Trade shall make estimates of national industrial extension expenses for incorporation in its state budget estimate, then send them to the Ministry of Finance for summing up and submission under current regulations.

b/ Based on the expense estimate assigned to it, the Ministry of Industry and Trade shall assign national industrial extension tasks with the contents and to the units prescribed in this Circular and send them to the Ministry of Finance for examination under current regulations.

The national industrial extension fund shall be allocated to expense estimation units attached to the Ministry of Industry and Trade based on expense estimates of assigned industrial extension tasks.

2. For local industrial extension funds

a/ Annually, based on the examination numbers announced by competent authorities and industrial extension programs approved by competent authorities and expense levels prescribed by provincial-level People’s Committees, provincial-level Industry and  Trade Departments or industrial extension centers shall make estimates of provincial-level industrial extension expenses for incorporation in their state budget estimates, then send them to provincial-level Finance Departments for incorporation in local budget estimates and submission to provincial-level People’s Committees under current regulations.

b/ Based on expense estimates assigned to them, provincial-level Industry and Trade Departments shall allocate funds for implementation of local industrial extension programs with the contents and to the units as prescribed and send them to provincial-level Finance Departments for examination under current regulations.

c/ The making, allocation and assignment of local industrial extension expense estimates to district- and commune-level units shall be prescribed by provincial-level People’s Committees in compliance with regulations on local industrial extension organizations and the law on the state budget.

Article 12.Observance of expense estimates

1. Based on their state budget expenditure estimates assigned by competent authorities, units shall send their dossiers and documents to the State Treasury offices where transactions are conducted for control.

2. The State Treasury shall control and pay expenses for industrial extension schemes and tasks under the Ministry of Finance’s Circular No. 161/2012/TT-BTC of October 2, 2012, on the regime of control and payment of state budget expenditures via the State Treasury, and Circular No. 39/2016/TT-BTC of March 1, 2016, amending and supplementing a number of articles of Circular No. 161/2012/TT-BTC and other revising or replacing documents (if any). Particularly, advance payments for industrial extension schemes and tasks must not exceed 70% of total support for industrial extension expenses on the basis of implementation contracts.

Article 13.Accounting and finalization of expenses

1. Units directly using industrial extension funds shall account and finalize expenses for industrial extension schemes and tasks in category 280 and account 309 for “industrial extension activities” in the corresponding chapter of the State Budget Index.

2. For industrial extension schemes and tasks implemented by units under contracts signed with agencies in charge of such schemes and tasks, documents to serve as a basis for payment and finalization shall be retained at such agencies, including: task performance contracts enclosed with detailed fund estimates approved by competent authorities; minutes of takeover tests; minutes of contract liquidation; payment orders and other relevant documents under regulations of the Ministry of Industry and Trade. Expense documents of units directly performing industrial extension tasks shall be retained at these units.

3. Units directly using industrial extension funds shall finalize annually used funds with the Ministry of Industry and Trade (for the national industrial extension fund) or with the provincial-level Industry and Trade Department (for local industrial extension funds). Annual industrial extension expense finalization reports shall be sent by the Ministry of Industry and Trade and provincial-level Industry and Trade Departments to finance agencies of the same level for appraisal. The order and forms for making finalization reports, time limit for submission and approval of finalization reports must comply with current regulations.

The assignment of tasks to manage and use local industrial extension funds of districts and communes shall be prescribed by provincial-level People’s Committees in accordance with regulations on local industrial extension organizations.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 14.Examination, supervision and reporting information

1. The Ministry of Industry and Trade and provincial-level Industry and Trade Departments shall coordinate with finance agencies of the same level in conducting periodical and unscheduled examinations, and supervising the performance of tasks and achievement of objectives of industrial extension schemes, ensuring the management and use of industrial extension funds for proper purposes and in a thrifty and efficient manner.

2. The Ministry of Industry and Trade shall monitor and evaluate the implementation of industrial extension tasks and schemes nationwide and periodically report it to the Prime Minister.

3. Provincial-level People’s Committees shall monitor, evaluate and report on a quarterly basis local industrial extension activities to the Ministry of Industry and Trade.

Article 15.Organization of implementation

1. This Circular takes effect on May 11, 2018.

2. Joint Circular No. 26/2014/TTLT-BTC-BCT of February 18, 2014, of the Ministry of Finance and Ministry of Industry and Trade, guiding the procedures for estimation, management and use of the national industrial extension fund and local industrial extension funds, ceases to be effective on the date this Circular takes effect.

3. In case the documents referred to in this Circular are amended, supplemented or replaced, the amending, supplementing or replacing documents shall prevail.

4. Any problems arising in the course of implementation of this Circular should be reported to the Ministry of Finance for study and solution.-

For the Minister of Finance
Deputy Minister
TRAN XUAN HA