Circular 26/2014/tt-Bct: Regulation On The Organization Of The Vote Of Rural Industrial Products Are Typical

Original Language Title: Thông tư 26/2014/TT-BCT: Quy định về việc tổ chức bình chọn sản phẩm công nghiệp nông thôn tiêu biểu

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The CIRCULAR regulates the Organization of choice for rural industrial products are typical _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 95/2012/ND-CP on November 12, 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;
Pursuant to Decree No. 45/2012/NĐ-CP on May 21, 2012 of the Government on the promotion;
At the suggestion of the Director of the local industry, the Minister of industry and Commerce issued a circular regulating the Organization of the vote the rural industrial products are typical, as follows: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular regulates the order and organization of voting procedures, industrial products and typical rural interests, the responsibility of the Organization, the individual products are certified rural industrial products.
2. This circular applies to the rural industrial base as defined in point a, paragraph 2, article 1, of Decree 45/2012/NĐ-CP on May 21, 2012 of the Government on the promotion; the agencies, organizations, individuals related to the Organization of the vote the rural industrial products.
Article 2. Purpose purpose vote vote industrial products typical countryside to discover and honor the products with quality, high-value has the potential to develop production, expanding the market, satisfying the tastes of consumers at home and abroad to have a plan to support the development of production and trade , contributing to promote rural industrial development.
Article 3. Explanation of terms some of the phrases in this circular is understood as follows: 1. The level of votes of rural industrial products, including: a) district level is the level of votes is done within the County, district, town, and city in the province, or equivalent; due to the people's committees, districts, towns, cities (hereafter referred to as the people's committees at district level), in collaboration with the relevant unit implementation;
b) is granted the vote is done within the province, central cities; by the provincial people's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee), in collaboration with the relevant unit implementation;
c) area is granted the vote be done within each area, because local industrial Bureau-Ministry of industry and trade, in collaboration with the relevant unit implementation;
The area in this circular is divided into 3 areas are as follows:-the northern area, including 28 provinces and cities: Ha Tinh, Nghe An, Thanh Hoa, Ninh Binh, Thai Binh, HA Nam, Nam Dinh, Hai Duong, Hung yen, Hai Phong, Quang Ninh, Hanoi, Vinh Phuc, BAC Ninh, BAC Giang, Phu Tho, Yen Bai, Lao Cai, Cao Bang , Ha Giang, Lang Son, Thai Nguyen, Bac Kan, Quang, Son La, Hoa Binh, Dien Bien, Lai Chau;
-Central region and Central Highlands, including the 15 provinces and cities: Quang Binh, Quang Tri, Thua Thien Hue, Da Nang, Quang Nam, Quang Ngai, Binh Dinh, Phu Yen, Khanh Hoa, Ninh Thuan and Dak Lak, Dak Nong, Gia Lai, Kon Tum, Lam Dong;
-Southern region, consisting of 20 provinces, City: Binh Duong, Dong Nai, BA RIA-Vung Tau, Binh Phuoc, Tay Ninh, Binh Thuan, Ho Chi Minh City, Long An, Tien Giang, Ben Tre, Tra Vinh, Vinh Long, Dong Thap, can tho, Hau Giang, Soc Trang, Kien Giang, An Giang, BAC lieu, CA Mau.
d. the national level is the level of votes is done within the country, by the Industry, in cooperation with the relevant unit implementation.
2. The product is the collection of the product by the same rural industrial base produced in one of the following cases: a) the products have the same designs and uses, is produced from various types of materials, different materials;
b) the products have different models, the same is manufactured from a material, the material;
c) different products but can pair together to increase the convenience of use.
Article 4. The product involved vote 1. Products involved as a product or a product (hereinafter referred to as products).
2. join products voted as the industrial products, handicraft by the rural industrial base production and register to vote.
3. products involved vote is not copied products; the production of the product does not violate the rules on intellectual property rights, industrial property rights and other regulations relating to standards, standards of quality, safety and hygiene, food safety and environmental protection.
4. products involved vote must be capable of mass production, in large quantities, is not toxic, products that meet market needs.
Article 5. The subgroup of products involved vote vote participation products are classified according to the following groups: 1. the product group crafts.
2. Product Group processing agriculture, forestry, fisheries and food.
3. Product Group of the equipment, machinery, instruments and mechanical parts.
4. other products Group.
Article 6. Principles of organization and join vote 1. The Organization voted rural industrial products typically are made openly, transparently and in compliance with the provisions of the law.
2. Be held to vote according to the 4 (four) levels, including: provincial, district, regional and national level.
3. A rural industrial base can register to join the vote for one or more products. A product can register to join the many States vote.
4. rural industrial base to send the product to join the voluntary principles, responsible before the law for the accuracy, honesty with regard to the information relating to its products.
Article 7. Selected criteria 1. The votes of rural industrial products typically evaluated through the following basic criteria: a) the criterion of market responsiveness and ability to grow production;
b) criteria for the technical-economic-society and the environment;
c) criteria for cultural properties and aesthetics;
d) other criteria.
2. Details of the criteria selected and graded votes of rural industrial products typical provisions in annexes 3, 4 attached to this circular.
Chapter II the COUNCIL VOTE and the JURY article 8. The Council vote 1. The Council voted industrial products typical rural (hereinafter called the Board vote) levels are established as follows: a) the Council vote at district level by the President of the district-level people's committees decided to set up;
b) provincial vote by Council President of the provincial people's Committee decided to set up;
c) the Council voted by regional chief local industry establishment;
d) the Council of a national vote due to the Minister of industry and trade decided to set up.
2. members of the Board vote works as part-time mode. The addition or replacement of the members of the Council voted by people with the authority to establish the Council voted at the same level.
Article 9. The structure, the composition of the Council vote 1. The Council voted to grant the district has 5 or 7 members, including: a) the President of the Council is the representative leader of the people's Committee at district level;
b) Vice Chairman of the Council is the representative leader of the economic and infrastructure in the district people's Committee or the people's committees in the economic districts, towns and cities in the province; the Vice President of the Council by the President of the people's Committee of the district level decision;
c) other members of the Council are the representatives of a number of unit, related organizations; scientists, experts, who have the expertise, experience in the field, the trades related to the product registered to participate in the vote.
2. The Council of the provincial vote has 7 or 9 members, including: a) the President of the Council is the representative leader of the provincial people's Committee;
b) Vice Chairman of the Council is a representative head of industry and Commerce; the Vice President of the Council by the Chairman of the provincial people's Committee decision;
c) other members of the Council are the representatives of a number of unit, related organizations; scientists, experts, who have the expertise, experience in the field, the trades related to the product registered to participate in the vote.
3. The Council voted to grant the area has 10 or 11 members, including: a) the President of the Council is representative of the local Bureau of industry leaders;
b) Vice Chairman of the Council is a representative head of the industry and trade where organized vote; the Vice President of the Council by the Chief local industry decision;
c) other members of the Council are the representatives of a number of unit, related organizations; scientists, experts, who have the expertise, experience in the field, the trades related to the product registered to participate in the vote.
4. The Council voted the national level 11 or 13 members, including: a) the President of the Council is the representative Industry leaders;
b) Deputy Chairman is representative of the local Bureau of industry leaders and representatives of people's Committee or the Department of industry and trade of the province, the city hosted the vote;
c) other members of the Council are the representatives of a number of unit, related organizations; scientists, experts, who have the expertise, experience in the field, the trades related to the product registered to participate in the vote.
Article 10. The Mission of the Council vote 1. The Council voted to have the task of guiding the rural industrial base establishment register to vote; establishment of the jury and the expertise to help; held vote; the authority to approve the results of votes, the decision for recognition and certification of industrial products typical rural (hereafter referred to as the certificate).
2. The Council voted to grant the district, provincial and regional level is responsible for choosing the products are recognized by the grant of the respective committees at district level, the provincial people's Committee, the Chief local industry approved to register to vote in higher levels as prescribed.
3. The Council voted to have the responsibility to solve the problems; handling of petitions and complaints concerning the results of the vote by the Council to grant it made.
Article 11. The jury

1. The jury is led by Chairman of the Board voted the levels established to help vote the Council reviews and vote for rural industrial products. The jury is responsible before the Council voted on the poll results.
2. The jury composed of Chairman, Vice Chairman and members. The number of members of the jury is odd. Jury members are scientists, professionals, managers, who have the expertise, experience in the field, the trades related to the product group registered voters. Jury members may be members of the Board vote.
3. The jury has the task of research profile, products and organizations voted according to the guidelines and criteria set forth in this circular. The jury worked according to the principles of publicity, transparency, concluded by majority.
Chapter III REGISTRATION PROFILE JOIN VOTE article 12. Profile register voted rural industrial establishments, agencies, units when registered voters prepare 1 record and send on the Council vote, the specific profile: 1. Records of registration to vote at district level: a) registration participants voted product of the rural industrial base (according to the model in annex 1 of this circular) a copy of valid business registration certificate of the rural industrial base;
b) A demonstration about the product (according to the model in annex 2 of this circular) 3 color photos, minimum size (10 x 15) cm of the product was taken at 3 different angles (front, side, top-down);
c) valid copy of other documents related to the product (if any) such as: certificates, certification of the quality standards of the product; certificate of eligible food safety and hygiene; certificate of merit, merit for product and other related documents.
2. Registration documents provincial vote: a) the profile registration as prescribed in paragraph 1 of this article;
b) valid copy certificate industrial products typical of the rural districts are also of value;
c) text proposed by the Commission the people of district level accompanied by the list of registered products horizontal excerpt join provincial vote (according to the model in annex 5 of this circular);
d) in the case of non-organized vote at district level, the rural industrial base have products registered to participate in the provincial vote up 1 record as provided for in paragraph 1, this sent the people's committees at district level are the submit text, consider registering to join the provincial vote.
3. Registration documents regional vote: a) the profile registration as prescribed in paragraph 1 of this article;
b) valid copy certificate industrial products typical provincial rural did value;
c) text proposed by the provincial people's Committee attached the list of registered products horizontal excerpt join regional vote (according to the model in annex 5 of this circular).
4. the registration records a national vote: a) the profile registration as prescribed in paragraph 1 of this article;
b) valid copy certificate industrial products typical of the rural area is still of value;
c) text proposed by the Director of the local industrial enclosed a list of registered products horizontal excerpt involved a national vote (according to the model in annex 5 of this circular).
Article 13. Records retention vote vote profile rural industrial products typically are kept as follows: 1. The record vote industrial products typical rural district level people's committees at district and provincial levels in industrial and commercial Facility. Other cases prescribed by the authority.
2. The record vote industrial products typical rural area level and the national level in local industrial Bureau.
Chapter IV ORGANIZATION and the CERTIFICATION VOTE article 14. The location and the time the Organization voted the product 1. Location, time and provincial-level organizations: a) district level, province level routine held 2 (two) years, often in odd years. In other cases as provided by the authority;
b) location, the particular time held to vote at district level, the provincial level to follow the instructions of the Council to vote at district level, provincial level, consistent with the General plan was approved by the authority.
2. place, time held a national and regional level: a) regional, national level are held periodically 2 (two) years, usually in even. Other circumstances as prescribed by the Minister of industry and trade;
b) location, the particular time held voted regional and national level under the guidance of the Council voted to grant the region, national level consistent with national promotional plans are approved by the Minister of industry and trade.
Article 15. The location, the time of receiving the profile and products 1. Place and time of receiving the profile, products registered voters follow the regulations and instructions of the Board vote.
2. in special cases (product weight, size too big or product features another particularity suitable when not transporting, preserving) rural industrial base voters could not send the product to the location specified, the President of the Council vote will consider and decide the method of vote with respect to that product.
3. The product after the vote was returned to rural industrial base. The case remained on display at the Expo or kept, exhibited at Gallery place, introduce rural industrial products granted the district, provincial, regional, national level must be the consent of owners of rural industrial base.
Article 16. Held vote 1. On the basis of fact and record the product registered to participate in the vote, the head of the jury can consider recommending detailed frame according to the contents of the 4 criteria specified in Appendix 3 of this circular, the Chairman of the Board vote decided to organize the vote.
2. The jury proceed grading according to the scoring form in annex 4 of this circular, the grading should ensure the principle of independence, fairness, objectivity. Each member becomes responsible for the results of his review.
3. the Secretary of the jury set a general vote results sent the Council vote.
Article 17. Recognition and certification 1. The product is issued a certificate must meet the provisions of article 4 and article 7 of this circular; are the judges scoring, the average score from 70 points or more. The structure and the number of products that are certified by the Council vote decide.
2. Based on the results of the vote the Council voted the Chairman of people's Committee at district level, the provincial level, the Director of the local industry, the Minister of industry and trade approved the results of votes, the decision to recognition and certification for industrial products, typical rural under the authority provided in this circular. Results of votes of product announcements to the rural industrial base have products join the vote.
3. Certificate of rural industrial products with the value from the date granted on 31 December to the end of the third year (measured from the base year to be certified).
4. The form of the industrial product certification typical rural was used from the district level to the national level as specified in annex 6 of this circular.
Article 18. Awarded the certificate of organization 1. The Council voted to award the certificate of Organization for the rural industrial base have recognized products.
2. Certificate awarding ceremony to be held seriously, solemnity, in line with local conditions. The selection of the time given by the Board of certification of votes the decision authority.
3. Encourage the organisers of events, industry associations, agencies, units of information media, the businesses involved, in cooperation with the Council vote in implementing advocacy activities on the work of the Organization, vote to honor and promote the product.
Article 19. Organizational funding vote 1. Funding the Organization voted industrial products typical rural district level, provincial level be used from local promotional funding source, combined with the funding and other legitimate funding source (if any). The level of funding support for local promotional organization rating and certification of industrial products typical rural district level, provincial level under the provisions of the provincial people's Committee.
2. organizational funding vote industrial products typical rural area level and the national level is used from the national promotional funds, combined with the funding and other legitimate funding source (if any). The level of funding support for the national organization of promotional and certification of industrial products typical rural area level, the national level as defined in point g, paragraph 2, article 6 circular No. 26/2014/TTLT-BTC-BCT on February 18th 02 2014 of the finance and Industry guidelines established , management, use of national promotional funds and local promotional expenditure.
Article 20. Handling of a complaint, withdraw the certificate 1. Time limits complaints against vote results is 15 (fifteen) working days from the date notice of poll results on rural industrial products.
2. The Council vote is responsible for resolving complaints related to the results of the vote within 10 (ten) working days from the date of receipt.
3. In the case of rural industrial base have recognized products infringe the legal provisions and the provisions of this circular, depending on the degree of violation of Council vote can the Authority handles or revoking the certificate of rural industrial products.
Chapter V RIGHTS and RESPONSIBILITIES of RURAL INDUSTRIAL BASE of PRODUCT CERTIFICATION article 21. Benefits In term of the certificates, the rural industrial base are benefits: 1. Are permitted to print or paste with Logo of the program selected industrial products typical countryside on the product or packaging of the product.

2. Received cash from funds promotional and other legitimate sources of funding (if any).
a bonus Level) from source national promotional funds for rural industrial base have recognized products are industrial products typical rural area level, the national level as defined in point g, paragraph 2, article 6 circular No. 26/2014/TTLT/BTC-BCT;
b) bonus Levels from local promotional funding source for rural industrial base have recognized products are industrial products typical rural district level, provincial level under the provisions of the provincial people's Committee.
3. Are priority review support from national promotional funds and local promotional funding to develop products according to the provisions in paragraph 2, article 6 of Decree 45/2012/NĐ-CP on May 21, 2012 of the Government on the promotion and the relevant text.
4. Consultation, outreach support policies, other investment incentives by the State for investment in development of rural industrial products typically prescribed.
5. Posted information about the product on the local news media and Central, in particular: a) in local: published information about production on other media such as newsletters, local industry and Commerce; Electronic information page of the Department of industry and commerce, the Promotion Centre and the other media in the city, according to the regulations;
b) in Central: rural industrial base have recognized products are industrial products typical rural area level and the national level posted the information about the product on the media such as newsletters, promotional electronic information Page of local industrial Bureau , Industry and other media as a rule.
Article 22. Responsible for the duration of the certificate, the rural industrial base has the products to be certified is responsible for: 1. The production and development of products with the quality standards that the base has committed in the application to participate.
2. Annual periodic reports, the Department of industry and trade, the people's Committee at district level where participants vote on the result of support from the public, promotion of State policies and the business situation of the base.
3. In coordination with the authority, the relevant unit establishment under the rules to be supported from the encouragement of other funding sources, and the other support incentives for State investment in product development.
4. Cooperation with the Council vote to resolve complaints related to vote results of product basis (if available).
Chapter VI ORGANIZATION of the MAKING and TERMS of the IMPLEMENTATION of Article 23. Responsible for implementation 1. The responsibility of the local industrial Bureau, Industry a) local industrial Bureau as a permanent agency to help Industry implement this circular guides;
b) construction organization plan vote industrial products typical rural area level, the national level the Minister of Industry for approval and implementation;
c) decided to set up or the Minister of Industry established the Council voted and approved the decision of the industrial product recognition typical rural area level, the national level according to the provisions of article 8, article 9, article 10 of this circular;
d periodic synthesis reports) the Minister of industry and trade, the results of votes and support the development of rural industrial products on the typical nationwide.
2. The responsibility of the Department of industry and trade of the province, the central city in a) industrial and commercial Department is the agency that helps provincial people's Committee to guide the implementation of this circular in the scope of local areas;
b) built the plan polls rural industrial products typical of the provincial people's Committee issued the approval and implementation according to the regulations. The Guide, in collaboration with the people's Committee of district level planning and organizing the vote industrial products typical rural districts;
c) The President of the provincial people's Committee established the Council vote on rural industrial products are typical;
d) guide the grassroots rural industrial products certification established the promotion of works approved by the competent authorities to support product development;
e) Guide and promotional Center, owned by Industry Consultant, to help the rural industrial base products are certified to access funding and other support the preferential policy of the State to invest in product development;
g) annual recurring or irregular local industrial Bureau report results organized vote; the result of support from the public, promotion of State policies and the business situation of the base there are products to be certified.
3. The responsibility of the people's Committee at district level a) construction planning and organizing vote industrial products typical rural district level consistent with the General plan approved;
b) Council voted and approved the decision of the industrial product recognition typical rural districts;
c) advocacy, mobilization of the rural industrial base on the registered voters of the industrial products typical of the rural levels;
d) approved the list of industrial products typical rural districts to register voters, rural industrial products are typical;
e) plan to develop industrial products typical local countryside. Guide and support, facilitating rural industrial base have rural industrial products are typical promotional funds, beneficiary access to sources of capital and preferential policies of the State support for investment in development of production;
g) annual recurring or irregular industry and Commerce Department reports results of voting; the results support the policies of the State and the situation of production and business establishments have recognized products.
Article 24. Inspection, supervision and other local rules 1. Local industrial Bureau, the Department of industry and trade is responsible for coordinating with relevant agencies supervising, checking, irregular implementation of this circular.
2. Pursuant to the provisions of this circular, the provincial people's Committee may enact regulations specifies the Organization voted rural industrial products typical to suit the actual conditions at the local level.
Article 25. Effect 1. This circular effect since October 21, 2014 and replaces circular No. 35/2009/TT-BCT on November 12, 2010 the Minister of industry and trade regulations on the Organization of the vote of rural industrial products.
2. During the implementation process if there are obstacles, suggest the agency unit, reflecting on the Industry to consider additional adjustments, as appropriate.

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