Decision No. 30/2019/QD-TTg Regulation on implementation of the Vietnam National Branding Program

DECISION

Promulgating the Regulation on formulation, management and implementation of the Vietnam National Branding Program^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 12, 2017 Law on Foreign Trade Management;

Pursuant to the Government’s Decree No. 98/2017/ND-CP of August 18, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 28/2018/ND-CP of March 1, 2018, detailing the Law on Foreign Trade Management regarding a number of foreign trade development measures;

At the proposal of the Minister of Industry and Trade;

The Prime Minister promulgates the Decision on the Regulation on formulation, management and implementation of the Vietnam National Branding Program.

Article 1.To promulgate together with this Decision the Regulation on formulation, management and implementation of the Vietnam National Branding Program.

Article 2.This Decision takes effect on December 1, 2019.

Article 3.Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decision.-

Prime Minister
NGUYEN XUAN PHUC

REGULATION

On formulation, management and implementation of the Vietnam National Branding Program

(Promulgated together with the Prime Minister’s Decision No. 30/2019/
QD-TTg of October 8, 2019)

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation and subjects of application

1. This Regulation provides for the formulation, management and implementation of the Vietnam National Branding Program (below referred to as the Program).

2. Programs on building and development of Vietnamese brands must comply with Articles 16, 17, and 19 of the Government’s Decree No. 28/2018/ND-CP of March 1, 2018, detailing the Law on Foreign Trade Management regarding a number of foreign trade development measures (below referred to as Decree No. 28/2018/ND-CP).

2. This Regulation applies to units responsible for schemes under the Program (below referred to as responsible units), the Program’s managing agency and related agencies, organizations, enterprises and individuals.

Article 2.Principles of formulation, management and implementation of the Program

1. To promote foreign trade development, advertise Vietnam’s image and national brands via products of Vietnam’s national brands in conformity with the socio-economic development strategy in each period.

2. To prepare resources for implementation of the Program suitable to the objectives of the Program and capacity of authorities from central and local levels; to ensure the proactive participation and contribution of the social community in the planning and organizing the implementation of the Program.

3. To ensure publicity and transparency in the management and administration of activities to implement the Program.

Article 3.The Program’s managing agency and responsible units

1. The Ministry of Industry and Trade shall act as the managing agency of the Program.

2. Responsible units are ministries and sectors assigned to implement schemes under the Program as prescribed in Chapter II of this Regulation.

Article 4.Funds for implementation of the Program

1. Funds for implementation of the Program come from the following sources:

a/ State budget funds allocated annually;

b/ Contributions of organizations and enterprises participating in the Program;

c/ Donations of domestic and foreign organizations and individuals;

d/ Other lawful funding sources as prescribed by law.

2. State budget funds for implementation of the Program shall be included in annual budget expenditure estimates of the Ministry of Industry and Trade for the following activities:

a/ The contents specified in Article 5 of this Regulation;

b/ Activities for management of the Program;

c/ Other contents other than those specified at Points a and b of this Clause, which shall be considered and decided by the Prime Minister.

Chapter II

FORMULATION AND IMPLEMENTATION OF THE PROGRAM

Section 1

FORMULATION OF THE PROGRAM

Article 5.Activities of the Program

1. Setting out objectives and strategies of the Program in each period.

2. Developing the Program’s system of criteria.

3. Protecting Vietnam national brand symbol and Vietnam national brand identity system at home and abroad.

4. Supporting enterprises in developing products bearing Vietnam’s national brands, which includes the following activities:

a/ To study and evaluate the demand and capacity for applying the criteria of Vietnam’s national brands at enterprises;

b/ To disseminate and provide information;

c/ To organize training courses and provide counseling to help enterprises develop their products.

5. Supporting enterprises in building, development and protection of their brands at home and abroad, which includes the following activities:

a/ To provide counseling to enterprises for brand building and development;

b/ To provide counseling to enterprises to protect intellectual property at home and abroad;

c/ To hold events, conferences and seminars, and organize training courses.

6. Organizing information and communications activities of the Program at home and abroad, which includes the following activities:

a/ To hire domestic and foreign consultants to build and advertise Vietnam’s national brands;

b/ To conduct market survey and research to set out orientations for information and communications activities;

c/ To provide information about, and advertise, the Program and enterprises having products of Vietnam’s national brands in diplomatic, economic, trade, and trade-investment-tourism promotion events, and in the mass media;

d/ To develop and distribute information products; to develop and maintain multi-language websites and application software of the Program;

dd/ To hold seminars, conferences and forums at home and abroad to advertise the Program;

e/ To organize Vietnam National Brand Week events at home and abroad;

g/ To organize the Ceremony for announcingenterprises that have products of Vietnam’s national brands.

7. The Ministry of Industry and Trade shall assume the responsibility for, and coordinate with other ministries and sectors in, implementing the contents prescribed in Clauses 1, 2, and 3, and at Points e and g, Clause 6, of this Article.

8. Responsible units shall implement the contents prescribed in Clause 4, and at Points a and c, Clause 5, of this Article to support enterprises that wish to participate in the Program and have potential of meeting the Program’s criteria.

9. Responsible units shall implement the contents prescribed at Point b, Clause 5, and Points a, b, c, d and dd, Clause 6, of this Article to support enterprises that have products bearing Vietnam’s national brands.

Article 6.Process of formulation, approval, addition and adjustment of schemes under the Program

1. Responsible units shall formulate schemes under the Program according to the process prescribed in Clause 1, at Points a and b, Clause 2, and in Clause 3, Article 10 of Decree No. 28/2018/ND-CP.

2. The Ministry of Industry and Trade shall appraise schemes proposed by responsible units based on:

a/ Sector-based foreign trade development strategies approved by competent authorities;

b/ Annual or periodical orientations set by the Vietnam National Branding Council;

c/ Demands of organizations and enterprises.

3. Based on opinions of the Vietnam National Branding Council, the Minister of Industry and Trade shall approve the list of schemes under the Program proposed by responsible units according to the process prescribed in Clause 6, Article 10 of Decree No. 28/2018/ND-CP before July 15 of the year preceding the planning year.

4. The addition of schemes to the approved list must comply with Clauses 1, 2 and 3 of this Article.

5. The adjustment of the approved schemes must comply with the process prescribed in Article 13 of Decree No. 28/2018/ND-CP.

6. The Ministry of Industry and Trade shall review the progress, contents and funds for implementation of schemes under the Program in order to adjust funds or withdraw unused funds and approve additions or adjustments to schemes under the Program.

Section 2

IMPLEMENTATION OF THE PROGRAM

Article 7.Organization of implementation of the Program

1. Based on the Ministry of Industry and Trade’s decision approving schemes under the Program, the signing of contracts to assign implementation of schemes under the Program and report on implementation of the schemes must comply with the process prescribed in Articles 12 and 14 of Decree No. 28/2018/ND-CP.

2. Responsible units shall sign contracts with organizations and individuals for implementation of work items of the schemes.

3. In order to organize implementation of the Program, the Minister of Industry and Trade shall form, and promulgate the operation regulation of, the Vietnam National Branding Council, the Secretariat, and the Council of Experts of the Program.

4. The Vietnam National Branding Council shall be composed of its chairperson being the Minister of Industry and Trade and members being leaders of related ministries, sectors and organizations who have the following functions and tasks:

a/ To set orientations for building of the objectives of the Program and strategies for implementation of the Program in each period;

b/ To give pinions on the list of schemes under the Program proposed by responsible units;

c/ To give opinions on the list of products bearing Vietnam’s national brands.

5. The Secretariat, with its head being a leader of the state management agency in charge of trade promotion under the Ministry of Industry and Trade acts, has the following functions and tasks:

a/ To assist the Vietnam National Branding Council and the Program’s managing agency in organizing the implementation of the Program;

b/ To report on organization of implementation of the Program to the Vietnam National Branding Council and the Program’s managing agency.

6. The Council of Experts, with its members being representatives of related ministries, sectors and organizations, and independent experts, has the following functions and tasks:

a/ To provide specialized counseling under the Program;

b/ To participate in selection of products bearing Vietnam’s national brands as required by the Program’s managing agency.

Article 8.Selection of products of Vietnam’s national brands

1. The selection of products of Vietnam’s national brands shall be organized every 2 years in even years.

2. Enterprises shall submit 3 sets of dossier of registration for selection of products bearing Vietnam’s national brands to the Ministry of Industry and trade before March 31 of the year of selection by one of the following methods:

a/ By post;

b/ Directly at the office of the Ministry of Industry and Trade;

c/ Via the public service portal of the Ministry of Industry and Trade.

3.  A dossier of registration for selection of products bearing Vietnam’s national brands must comprise the following uncertified papers and documents:

a/ A written registration of selection of products of Vietnam’s national brands, made according to Form No. 01 in the Appendix to this Regulation;

b/ A copy of the tax office’s notice certifying that the enterprise has fully performed its tax obligations in 2 consecutive years prior to the year of selection;

c/ A copy of the social insurance agency’s notice on the enterprise’s payment of social insurance premiums in 2 consecutive years prior to the year of selection;

d/ A copy of the valid collective labor agreement already registered at the state management agency in charge of labor;

dd/ A copy of the enterprise’s periodical report on the result of environmental observation under law in 2 consecutive years prior to the year of selection;

e/ A copy of the enterprise’s audited financial statement in 2 consecutive years prior to the year of selection;

g/ A copy of the valid intellectual property protection title of the products registered for selection, granted by a competent agency;

h/ A copy of the valid paper proving the quality of the products registered for selection in accordance with law;

i/ A copy of the ISO 9001 quality management system certificate, or of an equivalent quality management system certificate;

k/ Copies of the ISO 14001, ISO 22000, ISO 17025, SA 8000, OHSAS 18001, HACCP, GMP, VietGap, and Global Gap certificates, and copies of periodical assessment minutes or equivalent papers (if any);

l/ Copies of certificates of quality or prestigious brand awards (if any).

4. Within 7 working days after receiving an enterprise’s dossier, if the dossier is not complete as required under Clause 3 of this Article, the Program’s managing agency shall send a notice (according to Form No. 02 in the Appendix to this Regulation) to the enterprise for supplementation and completion of the dossier. The enterprise must complete the dossier before May 1 of the year of selection.

5. Before September 30 of the year of selection, the Program’s managing agency shall send a notice (made according to Form No. 03 in the Appendix to this Regulation) notify on the result of selection of products of Vietnam’s national brands to the enterprise.

6. The result of selection of products of Vietnam’s national brands is valid within 2 years after the Minister of Industry and Trade promulgates the decision on recognition of the list of products of Vietnam’s national brands.

7. Before November 15 every year, enterprises that have products of Vietnam’s national brands shall send to the Ministry of Industry and Trade reports on their observance of regulations and provisions of the Vietnam National Branding Program, made according to Form No. 04 in the Appendix to this Regulation, via email, or by post, or directly at the office of the state management agency in charge of trade promotion under the Ministry of Industry and Trade.

Article 9.Vietnam national brand symbol

1. Enterprises that have products bearing Vietnam’s national brands may use Vietnam national brand symbol and Vietnam national brand identity system.

2. The Minister of Industry and Trade shall promulgate the Regulation on management and use of Vietnam national brand symbol.

Article 10.Cancellation of results of selection of products bearing Vietnam’s national brands

The Ministry of Industry and Trade shall consider cancelling the results of selection of products bearing Vietnam’s national brands of enterprises in the following cases:

1. Enterprises commit frauds, or forge papers and documents in the process of compiling and submitting a dossier of registration for participation in the Program.

2. Enterprises cause negative impacts on Vietnam’s prestige, image and national brand at home and abroad.

3. Enterprises make use of Vietnam’s image and national brands for personal gain or violate law.

4. Enterprises violate the provisions of Clause 2, Article 9 of this Regulation.

5. Enterprises are criminally charged, or administratively sanctioned with aggravating circumstances.

6. Enterprises are dissolved or fall bankrupt.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 11.Responsibilities of the Ministry of Industry and Trade

1. To perform the following tasks:

a/ To set out objectives and strategies of the Vietnam National Branding Program in each period and submit them to the Prime Minister for approval;

b/ To assume the prime responsibility for, and coordinate with related ministries, sectors and organizations in, formulating the Program’s system of criteria;

c/ To directly formulate and implement schemes under the Program according to its assigned functions, tasks and powers;

d/ To guide the formulation of schemes, and receive, appraise, approve, and sign agreements with responsible units for implementation of, schemes in accordance with this Regulation;

dd/ To summarize and make fund estimates for management and implementation of the Program and include them in the Ministry of Industry and Trade’s fund estimates for submission to competent authorities in accordance with the Law on the State Budget;

e/ To assume the prime responsibility for, and coordinate with related agencies in, inspecting, examining and supervising the implementation of schemes under the Program, and the observance of the Program’s provisions by enterprises participating in the Program;

g/ The Minister of Industry and Trade shall decide on the formation, and promulgate the operation regulations of, the Vietnam National Branding Council, the Secretariat and the Council of Experts of the Program. The Vietnam Trade Promotion Agency shall assist the Minister of Industry and Trade in implementing this content;

h/ The Minister of Industry and Trade shall decide on recognition of the list of products bearing Vietnam’s national brands. The Vietnam Trade Promotion Agency shall assist the Minister of Industry and Trade in receiving and settling administrative procedures prescribed in Article 8 of this Regulation;

i/ Before December 25 every year, to summarize and evaluate the results of implementation of the Program in the year and send a report, made according to Form No. 05 in the Appendix to this Regulation, to the Prime Minister via the inter-agency e-document exchange system;

k/ To coordinate with organizations and individuals in mobilizing resources for the Program’s activities;

l/ To manage and use funds according to the current financial regime.

2. To assume the prime responsibility for, and coordinate with other ministries, ministerial-level agencies, provincial-level People’s Committees and related organizations and enterprises in, implementing this Regulation.

Article 12.Responsibilities of ministries, sectors and provincial-level People’s Committees

1. The Ministry of Finance shall:

a/ Assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade in, guiding the estimation, distribution, use, payment and final settlement of funds for implementation of the Program  in accordance with law;

b/ Specifically guide tax and customs order and procedures prescribed at Point g, Clause 3, Article 18 of Decree No. 28/2018/ND-CP.

2. Ministries and ministerial-level agencies shall:

a/ Propose, formulate and coordinate in the implementation of schemes under the Program within the ambit of their functions and tasks;

b/ Before November 15 every year, send a report on implementation of schemes under the Program as prescribed in Clause 1, Article 7 of this Regulation, made according to Form No. 06 in the Appendix to this Regulation, to the Ministry of Industry and Trade via the inter-agency e-document.

3. Provincial-level People’s Committees shall use their local funds to formulate and implement their activities according to the orientations of the Program.-

Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Regulation is not translated.