THE GOVERNMENT | | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness |
No. 55/2019/ND-CP | | Hanoi, June 24, 2019 |
DECREE
On legal assistance for small- and medium-sized enterprises[1]
Pursuant to the June 19, 2015 Law on Organization of the Government;
Pursuant to the June 12, 2017 Law on Support for Small- and Medium-Sized Enterprises;
At the proposal of the Minister of Justice;
The Government promulgates the Decree on legal assistance for small- and medium-sized enterprises.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree prescribes in detail the provision of legal assistance to small- and medium-sized enterprises (SMEs); and responsibilities of ministries, ministerial-level agencies, provincial-level administrations, and other agencies, organizations and individuals involved in the provision of legal assistance to SMEs.
Article 2. Subjects of application
1. Ministries, ministerial-level agencies; provincial-level administrations.
2. SMEs.
3. Enterprise-representing organizations.
4. Agencies, organizations and individuals providing legal assistance services to SMEs.
5. Other agencies, organizations and individuals involved in the provision of legal assistance to SMEs.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Legal assistance for SMEs means the implementation by ministries, ministerial-level agencies and provincial-level administrations of activities of building, managing, maintaining and updating legal databases; and formulating, and organizing the implementation of, legal assistance programs in order to raise legal knowledge as well as law observance sense and habit of enterprises, restrict legal risks and problems arising in business activities of enterprises, and contribute to raising competitiveness of enterprises and effectiveness of law enforcement activities.
2. Program on legal assistance for SMEs means the collection of activities of specific contents which will be implemented in specific forms in a definite period of time under the main charge of an agency or organization according to this Decree in order to provide information, improve legal knowledge and provide legal counseling to SMEs.
3. Legal counselor network means a part of the network of counselors prescribed in the Law on Support for Small- and Medium-Sized Enterprises, including lawyers, law-practicing organizations, legal counselors and legal counseling centers that are eligible for legal counseling practice in accordance with law, voluntarily announce their participation in the network to provide legal assistance to SMEs and have their information publicized by ministries or ministerial-level agencies (below referred to as legal counselors).
4. Legal databases prescribed in this Decree include databases on legal documents and the database on legal cases, matters and issues which are built, managed, maintained and updated by ministries, ministerial-level agencies and provincial-level People’s Committees to provide legal assistance to SMEs.
Article 4. Principles of provision of legal assistance to SMEs
1. The provision of legal assistance to SMEs shall be conducted in a focused manner in a definite period of time in conformity with assistance provision objectives and resource balancing capacity; and must ensure publicity, transparency and effectiveness and avoid overlaps.
2. The provision of legal assistance to SMEs shall be conducted on the basis of coordination between state agencies and SME-representing organizations; and between organizations and individuals providing legal assistance services to SMEs and other related agencies, organizations and individuals.
3. To prioritize the provision of legal assistance to SMEs via organizations and individuals providing legal assistance services.
[1] Công Báo Nos 517-518 (1/7/2019)
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