Decision No. 31/2012/QD-UBND dated October 30, 2012 of Hanoi People's Committee promulgation of regulation on "supporting enterprises in Hanoi area to build and develop brand"

DECISION

PROMULGATION OF REGULATION ON "SUPPORTING ENTERPRISES IN HANOI AREA TO BUILD AND DEVELOP BRAND"

HA NOI PEOPLE’S COMMITTEE

Pursuant to the Law on People’s Council and People’s Committee dated November 26, 2003;

Pursuant to the State Budget Law, Decree No. 60/2003/ND-CP dated June 06, 2003 of the Government and Circular No. 59/2003/TT-BTC dated June 23, 2003 of the Ministry of Finance on the guidance of the implementation of the State Budget Law;

Pursuant to the Commercial Law;

At the proposal of the Hanoi Service of Industry and Trade in Report No. 1659/TTr-SCT dated June 7, 2012;

DECIDES:

Article 1.Issuing together with this Decision theRegulation on “Supporting enterprises in Hanoi area to build and develop brand"

Article 2.This Decision takes effect 10 days after its signing. This Regulation supersedes the Regulation on supporting enterprises in Hanoi area to build and develop brand issued together issued together with Decision No. 91/2007/QD-UBND dated August 16, 2007 of HanoiPeople’s Committee.

Article 3.Chief of the Secretariat ofPeople’s Committee; Director of the Services: Industry and Trade, Finance; Director of Hanoi State Treasury; Director of Hanoi Radio and Television of Hanoi; Editor in chief of newspapers: New Hanoi, Economic and Urban; Heads of organizations and units involved; Directors of enterprises involved in the Regulation are liable to execute this Decision. /.

REGULATION

SUPPORTING ENTERPRISES IN HANOI AREA TO BUILD AND DEVELOP BRAND
(Issued together with Decision No. 31/2012/QD-UBNDdated October30,2012of theHanoi City People s Committee )

Chapter 1.

GENERAL PROVISIONS

Article 1. Purpose and scope of adjustment

This regulationprovides forthe subject, content, process and financial mechanisms to support enterprises in the city of Hanoi to build anddevelopbrand to improve the competitiveness of enterprises on domestic and foreign markets, in accordance with the conditions of international economic integration.This Regulation applies to theenterprisesparticipatingin program, agencies managing andimplementingthe Regulation and the consulting agencies.

Article 2. Principles and methods of support

1.TheCityshallsupport partial fundingto enterprisesinbuilding and developingbrand through projects and activitiesby thesupported contentsspecified in detail in this Regulation.The enterprisesinvolved in thisRegulation contributea partial fund. The enterprises are entitled to supporting regime to build and developbrandunder othercentraland citymechanisms shall not be entitled to supportingpolicies in this regulation. The support is not implemented in the form of direct fundingto enterprises.

2.Method ofsupport to enterprisesshallcomply with the provisions of Article 5 of this Regulation.

Chapter 2.

SPECIFIC PROVISIONS

Article 3. Subjects supported

Enterprises of all economicsectors withbusiness registration certificate issued by theHanoi Serviceof Planning and Investment have theirheadquarters located in the city of Hanoi, strictly abideby the provisions of law,havethe need to buildanddevelopproduct brandorcorporate branding and simultaneouslymeet one of the following conditions:

- Having equity from over VND 10 billion or annual average number of employees of 300 people or more, or a direct export turnover from U.S. $ 05 million / year or more;

Manufacturing products in the list of major industrial products of the city;

Havinginternational quality management certificate.

Article 4. Supporting content

1.Trainingofknowledge onbuilding andpromoting brandwith local and foreign experts.

2.Lookup, determinationand registration of protectionof brandin the territory of Vietnam and in the key export markets of the city.

3.Namingbrand;logodesign and the system of correspondingbrand identificationsigns for the corporate brandingsand product brands.

4.Consultingstrategy to buildand developcorporate brandingsand product brands.

5.Supporting themarketing communication activities, promotingthe corporate brandingsand product brandson Televisionstation,Central andHanoi newspapersand on the website oflarge international transactions.

6.Supporting enterprisesin the struggle to protect trademarks, productsand corporate brandings upondispute or signsoftrademark violation, productsand corporate brandings.

Article 5. Financial mechanisms to supportenterprises

1. Supporting level.

Based on the actual deployment, therelevantfinancial regulations of the State and the funding sources, the City People s Committeeshallsupport funding for each contentspecifiedin Article 4 ofthisRegulation, particularlyas follows:

a)Clause 1, Article 4:Supporting levelup to 100% funding for training includes: Cost of hiringdomestic lecturersor foreign experts (expensesof accommodation, traveling, airline tickets etc.), translationexpense(if any), venue,teachingequipment and materials for students, drinking water, support for students, stationery ...underthe current regulations of the State.These supporting contentsshall be organizedby theServiceof IndustryandTrade,and nottransfer funds forenterprisesto organize themselves.

b)Clause 2, Article 4:Maximumsupporting levelup to 70% funding for oneenterprisebased ontheactual registration with the relevant agencies in the country and abroad.

c)Clauses 3, 4, 5, 6, Article 4:Maximum supportinglevel for each content is 70%fundingbut does not exceed 100 milliondongforan enterprise/ 1 supportingcontent.

d)Enterprises have the right to register a lot of contents requesting support.

2. Supporting fund

Fundsaredeductedfrom annual Trade Promotionexpenditureof the City, funds contributed byenterprises involved inRegulation and otherlegalfunding sourcesas prescribed bylaw.

3. Allotting and settling supporting fund

a)The Serviceof Industryand Tradein collaboration with theServiceof Finance to examine the subject, content on the City People s Committee to decide the level of funding for each supported content as the basis for allocating funding settlementannually. The support is not implemented in the form of direct funding forenterprises.

b)The enterprisesfunded shall prepare cost estimates for the contents of work approved and settle funds allotted in accordance with the City’s regulations.

c)Theenterprises supported with funds shall take responsibility before law on the legality of the brand.

Article 6. Process of supporting implementation

1. Notification of supporting contents

TheService of Industry and Trade shall notify the supporting contents of the Regulation to businesses in the area and post information on the newspapers and stations for the enterprises’ participation.

2. Selection ofconsulting unit:

On the basis of supporting contents in Article 4 of this Regulation, the Service of Industry and Trade is responsible for the submission to the City People s Committee to issue the decision to appointconsulting unit toimplement the program. The selection of theconsulting unitmust be based on the following criteria: ensuring the legality of theconsulting unit, having reputation, experience and expertise in the field of consultancy, having ability to perform contents of the program.

3.Dossier for supporting request includes:

a)Application for registration of supporting content requests shall be sent to the Service of Industry and Trade (as prescribed form);

b)Briefly introducing activities and achievements of the enterprises;

c)Report of business results and certification of the tax authorities on the implementation of the obligation to pay the State budget in the last two years from the time of filing;

d)Business registration certificate issued by the Department of Planning and Investment of Hanoi (valid copy).

e)A valid copy of documents evidencing the enterprise is subject to support under the provisions of Article 3 of this Regulation.

4.Verification ofdossierfor supporting request

The Service of Industry and Trade shall aggregate and collaborate with the Service of Finance to verify dossiers of enterprises requesting registration in accordance with regulations and submit them to the City People s Committee to make decision on the list of enterprises receiving support, contents and funding level for each enterprise.

5. Procedures for implementation of supporting process as follows:

a)The Service of Industry and Trade shallnotify and receivedossierfor supporting request of the enterprises before March 31 annually.

b)The Service of Industry and Trade shall aggregate list and collaborate with the Service of Finance to verify and submit it to the City People’s Committee before April 30 annually.

c)The City People s Committee shall make decision on the list of enterprises receiving support within 30 days from the date of report of the two Services..

d)After the decision of the City People s Committee, the Service of Industry and Trade, the consulting unit with the enterprises approved the support shall deploy the program contents by the following steps:

-The Service of Industry and Trade shall notify in writing to the enterprises approved and theconsulting unit (within 5 days) after the decision of the City People s Committee.

-The Service of Industry and Trade and the consulting unit shall sign atripartite contract specifying the rights and responsibilities of each party to carry out the tasks assigned by the City People s Committee in the content of support approved (within 15 days from the date of the Decision).

-After completing the consulting contents, theService of Industry and Trade, enterprise and consulting unit shall liquidate contracts, the completion time before November 25 annually forthe Service of Industry and Trade to complete the procedure for liquidation and settlement as prescribed.

6.When the enterprises join the program and have new goods and products which need to build a brand immediately, they shall be facilitated to reduce the time as specified in Clause 5 of this Article.

Chapter 3.

IMPLEMENTATION ORGANIZATION

Article 7.Responsibility of the Service of Industry and Trade, Service of Finance, Newspapers and stations of the City

1.Responsibility of the Service of Industry and Trade

a) Being the agency assuming the prime responsibility and deploy the implementation of the Regulation.

b)Making wide and public announcement on mass media ofHanoi (Newspapers, stations, web, etc.) of this Regulation.

c) Assuming the prime responsibility with the Service of Finance to verify the list, content and level of support of enterprises and submit them to the City People’s Committee for approval.

d) Summing up the implementation of biannual, annual and irregular Regulation as required by the City People’s Committee and urging the plan implementation of the units.

2.ResponsibilityoftheService ofFinance:

a)Coordinating with the Service of Industry and Trade to assess the content and the supporting level for submission to the City People s Committee for approval.

b)Guiding units to prepare funds using state budget and implementing the process of payment and settlement procedures in accordance with the provisions of the State.

3.Responsibility of Radio and Television station and newspapers in Hanoi:

Coordinating with the Service of Industry and Trade to carry out special subjects, reportage and other forms of propagation to introduce the content of the Regulation; propagating and promoting corporate branding.

Article 8. Responsibility of the enterprises involved in Regulation and consulting unit

1.Responsibility of the enterprises involved in Regulation

a)Registration and filing of corporate dossier as specified in Clause 3, Article 6 of this Regulation.

b)The enterprises approved for support shall carry out the supporting contents withtheService of Industry and Tradeandconsulting units. The enterprises may request the Service of Industry and Trade,Service of Finance and consulting units to ensure the content and quality of consultancy; promptly making proposal to the City People s Committee; Service of Industry and Trade, Service of Finance if the consulting units carried out the supporting contents without quality assurance and specified time.

2. Responsibility ofconsulting unit

Coordinating withtheService of Industry and Trade and enterprises approved to deploy contents supported, ensuring quality work results and rate of progress at the request of the Service of Industry and Trade and the agreement with the enterprises to propose to theService of Industry and Trade the solutions for the effective implementation of the program; regularly making reports on the implementation of theService of Industry and Trade and the results of the work, the difficulties in the process of implementation; making payment and settlement of expenditure of consultancy with the Service of Industry and Trade and enterprises as prescribed after the enterprises have accepted the products; Ensuring complete financial documents in accordance with the current regulations of the State.

Article 9. Effect

Any problem arising in the course of implementation should be promptly reported to theService of Industry and Tradefor making report to the City People’s Committee for consideration and decision.