Decree 235/2025/ND-CP amending Decree 45/2012/ND-CP on industrial promotion

DECREE

Amending and supplementing a number of articles of the Government's Decree No. 45/2012/ND-CP dated May 21, 2012, on industrial promotion

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Organization of Local Administration No. 72/2025/QH15;

At the proposal of the Minister of Industry and Trade;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Government's Decree No. 45/2012/ND-CP dated May 21, 2012, on industrial promotion.

Article 1. To amend and supplement a number of articles of the Government's Decree No. 45/2012/ND-CP dated May 21, 2012, on industrial promotion

1. To amend and supplement Clause 2, Article 1 as follows:

"2. Subjects of application

a) Small- and medium-sized enterprises, cooperative groups, cooperatives, unions of cooperatives, and business households directly investing in and conducting industrial - cottage industry production in communes, wards, and special zones of provinces; communes and special zones of centrally-run cities; and craft villages recognized by provincial-level People's Committees (hereinafter collectively referred to as rural industrial establishments).

b) Industrial production establishments applying cleaner production, sustainable production and consumption; enterprises and cooperatives being investors in the construction of industrial cluster infrastructure.

c) People's Artisans and Meritorious Artisans in the field of fine art handicrafts.

d) Domestic and foreign organizations and individuals participating in the management and implementation of industrial promotion service activities."

2. To amend and supplement a number of clauses of Article 2 as follows:

a) To amend and supplement Clause 1 as follows:

"1. The national industrial promotion program is a collection of contents and tasks regarding industrial promotion activities for each period (05 years), formulated and approved by the Ministry of Industry and Trade in conformity with the industry's medium-term and long-term development plans, aiming to encourage the development of industry and cottage industries nationwide.”

b) To add Clauses 5a and 5b after Clause 5 as follows:

"5a. Sustainable production and consumption means the application of solutions based on a product life cycle approach, promoting linkages in all stages from the exploitation of natural resources, raw materials, fuels, and materials to design, production, distribution, consumption, and disposal, with an emphasis on repair, maintenance, reuse, and recycling in the stages of the product life cycle; prioritizing innovation, application of environmentally friendly technologies, and improvement of equipment and management processes to promote a green economy, circular economy, and sustainable development.

5b. Digital transformation in industrial promotion activities means the support for applying advanced technology and digital technology products and solutions to change traditional management and business production models in order to create new opportunities, products, revenue, and value in industrial - cottage industry production.”

3. To amend and supplement Clause 3, Article 3 as follows:

"3. To encourage and support cleaner production, sustainable production and consumption, and digital transformation to enhance the efficient use of natural resources, raw materials, fuels, and materials in conjunction with environmental protection, promoting a green economy, circular economy, and digital economy."

4. To amend and supplement a number of clauses of Article 4 as follows:

a) To amend and supplement Clause 1 as follows:

"1. To support vocational training based on the needs of rural industrial establishments to create jobs and improve skills for laborers. The main vocational training programs and forms are: on-the-job coaching, passing on the craft, and apprenticeship; programs for fostering, updating, and enhancing professional knowledge and skills; and technology transfer programs."

b) To amend and supplement Clause 3 as follows:

"3. To support the building of technical demonstration models; the application of advanced machinery, equipment, and scientific and technical advancements in industrial - cottage industry production; the building of models for applying cleaner production, sustainable production and consumption; and to support the application of information technology and digital transformation in production and business activities.”

c) To amend and supplement Clause 4 as follows:

"4. To develop rural industrial products through supporting the organization of and participation in the selection of exemplary rural industrial products at all levels; supporting the organization of fairs and exhibitions for rural industrial products and fine art handicraft products; supporting participation in domestic and international fairs, exhibitions, and trade promotion activities. To support the organization of competitions for skilled fine art handicraft artisans and for fine art handicraft product design. To support trademark registration; to support investment in showrooms for product introduction. To support activities related to the consideration and awarding of the titles of People's Artisan and Meritorious Artisan in the field of fine art handicrafts. To support the organization of activities for passing on the craft, apprenticeship, and dissemination of craft development experience by People's Artisans and Meritorious Artisans in the field of fine art handicrafts."

d) To amend and supplement Clause 7 as follows:

"7. To support investment promotion for the development of industrial clusters; environmental treatment at industrial clusters and rural industrial establishments:

a) To support the organization of conferences, seminars, and forums for investment promotion for the development of industrial clusters.

b) To support technology, machinery, and equipment for wastewater and exhaust gas treatment at industrial clusters and rural industrial establishments."

5. To amend and supplement Clause 1, Article 5 as follows:

"1. Organizations and individuals investing in production in the following industries and sectors shall be entitled to industrial promotion policies as prescribed in Article 4 of this Decree:

a) Agro-forestry-fishery product processing and food processing industries.

b) Industries serving consumption and export, and replacing imported goods.

c) Chemical industry serving agriculture; production of construction materials that conserve mineral resources; biotechnology, environmental industry, and sectors transitioning from green industry, low-emission and low-carbon industries, and environmentally friendly energy industries.

d) Mechanical engineering industry; supporting industries; textile and garment, leather and footwear industries; high-tech, clean, low-energy consumption industries that bring high added value and sustainable development.

dd) Local cottage industries and fine art handicrafts that need to be preserved and developed.

e) Application of cleaner production, sustainable production and consumption; environmental treatment at industrial clusters and rural industrial establishments.

g) Application of information technology and digital transformation."

6. To amend and supplement a number of clauses of Article 6 as follows:

a) To amend and supplement Clause 2 as follows:

"2. Priority industries and trades:

a) To prioritize programs and schemes supporting the development of the mechanical engineering industry, chemical industry serving agriculture; agro-forestry-fishery product processing industry; supporting industries; application of cleaner production in industry, sustainable production and consumption.

b) To prioritize programs and schemes supporting digital transformation, development of exemplary rural industrial products; products under programs for developing key industrial products; spearhead industries; key industries of the nation, regions, and each locality; production of products using locally available raw materials, and products with export markets.

c) To prioritize traditional cottage industries and fine art handicrafts at risk of degradation or being lost."

b) To add Clause 2a after Clause 2 as follows:

"2a. In cases where multiple rural industrial establishments meet the support conditions as prescribed, priority shall be given to establishments owned by women, or establishments employing a higher number of female laborers, disadvantaged laborers, and ethnic minority laborers."

7. To amend and supplement Clause 3, Article 8 as follows:

"3. At the communal level (communes, wards, special zones), based on task requirements, the provincial-level People's Committees shall consider and decide on the establishment of a network of industrial promotion collaborators to implement industrial promotion activities down to the communal level."

8. To amend and supplement Clause 1, Article 9 as follows:

"1. Other industrial promotion service organizations are public non-business units not under the provincial-level Department of Industry and Trade but having functions and tasks related to industrial promotion as prescribed by the provincial-level People's Committees, and other organizations not falling under Article 7 and Article 8 of this Decree but having appropriate functions, tasks, or capacity to implement industrial promotion services."

9. To add Clause 3 to Article 11 as follows:

"3. Industrial promotion funds supported by the state budget shall be implemented in accordance with the law on the state budget, the law on public investment, and the law on bidding."

10. To amend and supplement Clause 4, Article 14 as follows:

"4. The planning, implementation, and settlement of industrial promotion funds provided by the state budget shall be carried out in accordance with the law on the state budget, the law on public investment, the law on bidding, and guiding documents."

11. To amend and supplement a number of clauses of Article 15 as follows:

a) To amend and supplement points b and c of Clause 1 as follows:

"b) To formulate and approve the national industrial promotion program for each period. To organize the implementation and guide relevant organizations and individuals in carrying out industrial promotion activities according to the approved program.

c) To formulate and organize the implementation of annual national industrial promotion plans and schemes, ensuring their conformity with the approved national industrial promotion program for each period."

b) To add Clause 1a after Clause 1 as follows:

"1a. Based on the national industrial promotion program for each period and the annual national industrial promotion plan approved by the Ministry of Industry and Trade, and on the proposals of the Ministry of Industry and Trade and relevant ministries and agencies, the Ministry of Finance shall synthesize and allocate funds in the annual central budget estimates, and submit them to competent authorities for consideration and decision in accordance with the Law on State Budget, the Law on Public Investment, and their guiding documents; and to guide the planning, management, and use of industrial promotion funds."

12. To amend and supplement a number of clauses of Article 16 as follows:

a) To amend and supplement Points a and dd of Clause 1 as follows:

"a) To formulate and submit to competent authorities for promulgation, or to promulgate within its competence, undertakings, policies, and legal normative documents on industrial promotion in conformity with the law and local conditions.

dd) To direct the formulation and synthesis of programs, plans, and schemes using national industrial promotion funds."

b) To amend and supplement Clause 2 as follows:

"2. The provincial-level Department of Industry and Trade is the advisory body assisting the provincial-level People's Committee in performing the function of state management of industrial promotion activities in the locality; is responsible for formulating and submitting to the Ministry of Industry and Trade for approval programs, plans, and schemes using national industrial promotion funds; directs, guides, and inspects the implementation and use of industrial promotion funds within the locality; and organizes the implementation of devolved national industrial promotion tasks.”

Article 2. To replace and annul a number of phrases and provisions in the Government's Decree No. 45/2012/ND-CP dated May 21, 2012, on industrial promotion

1. To replace the phrase "The Local Industry Department" with the phrase "The Agency for Innovation, Green Transition and Industry Promotion " in Clause 1 and Clause 2 of Article 7.

2. To replace the phrase "Industrial Promotion Center" with the phrase "Public non-business unit performing industrial promotion tasks" at Point c, Clause 9, Article 4; Clause 2 and Clause 3, Article 15; and Point h, Clause 1, Article 16.

3. To replace the phrase "cleaner production" with the phrase "cleaner production, sustainable production and consumption" in Clause 1, Article 1; Clause 1, Article 2; Clause 2, Article 4; Points a and b, Clause 8, Article 4; Clause 3, Article 6; and Article 11.

4. To annul Clause 2, Article 5; Clause 2, Article 8; Clause 5, Article 14; to remove the phrase "district-level" in Clause 2, Article 11; Clause 1, Article 13; and Clause 2, Article 14.

Article 3. Effect

1. This Decree shall take effect from October 15, 2025.

2. Article 52 of the Government's Decree No. 146/2025/ND-CP dated June 12, 2025, on the delegation of powers and decentralization in the field of industry and trade shall cease to be effective from the effective date of this Decree.

3. Transitional provision: For national and local industrial promotion schemes that were approved in accordance with the law prior to the effective date of this Decree, the implementation shall continue to comply with the provisions of the Government's Decree No. 45/2012/ND-CP dated May 21, 2012, on industrial promotion and other relevant legal documents.

Article 4. Responsibility for implementation

1. The Ministry of Industry and Trade and other ministries, ministerial-level agencies, Government-attached agencies, and provincial-level People's Committees shall be responsible for guiding the implementation of the articles and clauses assigned to them, and for reviewing promulgated documents to amend, supplement, or replace them in conformity with the provisions of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of Government-attached agencies, Chairpersons of People's Committees of provinces and centrally-run cities, and relevant organizations and individuals shall be responsible for the implementation of this Decree.