Circulars 46/2012/tt-Bct: Detailing Some Of The Content Of The Decree No. 45/2012/nđ-Cp On May 21, 2012 Of The Government On The Promotion

Original Language Title: Thông tư 46/2012/TT-BCT: Quy định chi tiết một số nội dung của Nghị định số 45/2012/NĐ-CP ngày 21 tháng 5 năm 2012 của Chính phủ về khuyến công

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CIRCULAR detailing some of the content of the Decree No. 45/2012/NĐ-CP on May 21, 2012 of the Government on the promotion _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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;
Minister of industry and Commerce issued a circular detailing some of the content of the Decree No. 45/2012/NĐ-CP on May 21, 2012 of the Government on the promotion as follows: article 1. Scope this circular detailing some of the content of the Decree No. 45/2012/NĐ-CP on May 21, 2012 of the Government on the promotion (hereinafter the Decree No. 45/2012/ND-CP). The management and use of funding economic career due to the State budget for promotional activities performed under the guidance of the Ministry of finance and Ministry of industry and trade. 2. Explanation of terms 1. Promotional scheme as defined in clause 3, article 2 of Decree 45/2012/ND-CP of promotional schemes include national and local promotional schemes.
2. National promotional schemes is promotional scheme by local industrial Bureau management, the Organization made from national promotional funds to deploy national promotional activities under the plan by the Minister of Industry for approval.
3. local promotional scheme are promotional scheme by the Department of industry and trade, the people's Committee at district level, social management, the Organization made from local promotional funding sources to implement the local promotional activity according to the plan are approved by the authority.
4. The promotion of local industry is a collection of content, the task of the local promotional activities in each stage was Chairman of the provincial people's Committee approval aims to encourage the development of industry-handicraft and applied cleaner production in industry to improve the production efficiency contributing to economic restructuring, social workers locally.
Article 3. Detailed rules on the subject application of the provisions of clause 2, article 1 of Decree 45/2012/ND-CP 1. Organize, direct personal investment, industrial production-craft at district, town, commune, communes and wards in the city of type 2, type 3, type 1 in the ward was converted from not too township for 5 years, including: a) small and medium enterprises established, operating under the enterprise law has equal total liabilities total assets identified in the balance sheet for accounting of the enterprise or the number of average years of labor as defined in article 3, the Decree No. 56/2009/ND-CP dated 30 June 2009, the Government help small and medium enterprises development.
b) cooperatives established and operated under the law on cooperatives. The combination works to establish and operate according to Decree 146/2007/ND-CP dated 10 October 2007 of the Government on the organisation and operation of the partnership.
c) business households under the provisions of Decree 43/2010/ND-CP dated 15 April 2010 the Government registration of the business.
d) The rural industrial base business based in the ward in the city of type 1 when direct investment, industrial production-craft at district, town, commune, communes and wards in the city of type 2, type 3, type 1 in the ward was converted from the town yet so 5 years subject to enjoy the promotion policy.
DD) time determine the ward in the city of type 1 conversion from not too township 5 years from the effective date of the conversion decision by the competent authority for approval to 31 December of the year before the adjacent to the year construction plan.
2. The industrial production facilities make applying cleaner production is not limited to about the scale of the capital or of the average annual labor and investment in production.
Article 4. Detailing a number of promotional activities content stipulated in article 4 of Decree 45/2012/ND-CP 1. Industrial base support expanding rural consumption market, the export of products, including the active content: a) the Organization of a workshop, Forum to introduce the market, promotion of trade in and out of the water for the rural industrial base, the Organization of public services, state management bodies concerned.
b) supports the rural industrial base to attend the forums, workshops, fairs and exhibitions in foreign countries to promote the brand, expand the market to consume the product. Each rural industrial base are supported no more than 2 times/year.
c) supports the rural industrial base promoting information on the internet through online marketing solutions, build electronic information product introduction, sales online.
d) supports the rural industrial base harness customer list that needs Hi buy, sell, the importers of foreign countries through the exposure programs, the online dialogue. Develop training programs and practical skill exploit export information, market information on the electronic portal in and outside the country.
2. Build support technical demonstration model, including: support the rural industrial base performing model building techniques common to new technologies, new products, production and support rural industrial establishments are operating effectively to build the demonstration model to disseminate propaganda , replication.
a) build the technical demonstration model to disseminate new technology, new products: production-for national promotional schemes is technology, products of local districts have yet to have any basis to apply or production. For local promotional schemes depending on the actual conditions in the locality by the provincial people's Committee rules;
-New technology was selected to build the demonstration model is superior in productivity, quality of product, efficiency compared to existing technology base of local rural industry are applied and the need to encourage technology investment support agency program management review decision.
b) for rural industrial base is functioning effectively when choosing to support construction of the demonstration model to disseminate propaganda, replication for the Organizer, the other individual learning is superior, on economic, social and environmental program management agency review decision.
3. With regard to activities in support of technology transfer and application of scientific and technological advances in production must meet the following conditions: a) technology, science and progress are the choice of transfer support, application is the science and technology progress, advanced technologies; technology to create new products or improve the production capacity, product quality; the saving and efficient use of raw materials, fuels, energy, natural resources; in the category of technology transfer by encouraging the competent authorities to decide.
b) activities in support of the transfer and application of technologies, scientific and technical progress for the rural industrial base make process, procedure and other regulations in accordance with the law on transfer of technology.
4. With regard to activities in support of the application of advanced machinery to produce industry-handicraft must meet the following conditions: a) applications support equipment is the single device or machinery equipment or device group the same type of applications in the production, processing and environmental pollution of rural industrial base.
b) advanced machinery is supported is application of new machinery; improve productivity, product quality, efficient use of raw materials, fuel or reduce pollution of the environment or create new products compared to the machinery, equipment, production facilities are used.
5. support the industrial production base construction of pilot model of applying cleaner production: a) The active content support: support advice, reviews of cleaner production for the industrial manufacturing base was chosen to pilot; Support for the industrial production of typical pilot models built on the application of cleaner production.
b) industrial production establishments were selected to support the construction of a pilot model of applying cleaner production to enhance the effective use of natural resources, raw materials, fuel, materials; reduce emissions and limit the degree of pollution; protect and improve the quality of the environment, human health.
6. The rural industrial base polluting the environment to move into the zones, clusters were selected to support counseling, loan interest rates, due to people's Committee Chairman issued the decision on the basis of reviews of the level of environmental pollution in accordance with circular No. 04/2012/TT-BTNMT August 5, 2012 of the Ministry of natural resources and environment regulations objectives criteria identify the basis of polluting the environment, causing serious environmental pollution.
7. organizational support Expo rural industrial goods is done periodically according to the scale at district level, province, region or country. Options actual conditions the Agency program managers look to integrate combine hosted Expo with vote and honoring industry products typical of the rural levels.
8. Support the Expo organization crafts goods made for the Organization of the thematic exhibition of handicraft products and the trades and related services.
9. investment activities in support of the galleries showcase promote products and promotions, including: a) supports the rural industrial base investment galleries, about promoting the product associated with the travel and the commercial area.
b) supports province-level promotional Centre, the Centre national promotional investment in the introductory Gallery, promotion of rural industrial products of the province, the city and the region.

c) support building e-commerce trading floor for the rural industrial base in order to encourage the promotion of the brand, the product, the service of rural industry on the environment of the Internet.
10. support to attract industrial investment development activities include: support for the Organization of conferences, seminars, forums; construction of the information system, the data in order to attract investment and development of industrial clusters in the local.
Article 5. Detailing a number of catalog fields enjoy the promotion policy prescribed in article 5 of Decree 45/2012/ND-CP 1. For the production of building materials, does not support the clay brick production calcined kiln technology used by manual oven oven round, improved environmental polluters; focus to support the production of building materials by new technology (not heated), not environmental pollution, use of renewable raw materials.
2. for the extraction and processing of minerals in the geographical socio-economic hardship and especially hard, determined under the provisions of Decree No. 106/2006/ND-CP of September 22, 2006 the Government detailing and guiding the implementation of some articles of the law on investment.
Article 6. Specified geographical areas, trades and priority principles prescribed in article 6 of Decree 45/2012/ND-CP 1. Geographical priorities a) region, Islands District, the land border, the ethnic minorities according to the current rules of the authority.
b) poor districts as defined in resolution 30a/2008/NQ-CP on December 27, 2008 by the Government on poverty reduction support programs fast and sustainable for 61 poor districts.
c) during the program implementation plan of the national goal of building a new countryside by the provincial people's Committee approval each year or each stage.
d) geographical conditions of socio-economic constraints and particularly difficult determined according to the provisions of Decree No. 106/2006/ND-CP of September 22, 2006 the Government detailing and guiding the implementation of some articles of the law on investment.
2. priority a) industries producing products with export market: apply to the product production facilities had contracts to export or produce products for export.
b) manufactured products use raw materials in place: applies to the base material used in production, the main material of the production process, is provided from provincial areas where production investment, accounting for over 50% of the total value of raw materials, material.
c) rural industrial establishments use more labor is the basis of production use from 50 or more workers.
d) for industry support: apply to the establishments manufacturing products in the category industrial product support as defined in decision No. 1488/QD-TTg on October 26, 2011 of the prime of issued products support industrial development priorities.
DD) rural industrial products are the products prescribed in clause 4, article 2 of Decree 45/2012/ND-CP was issued a certificate of authority pursuant to the Industry. 3. The principle of priority review a) priority in the allocation of the funding plan-About the area: When considering the planned allocation of the annual promotional budget, program management agency consider in turn the geographical priorities in the order from point a to point d of paragraph 1, this;
-Profession: When considering the planned promotional funding priorities in turn in order for the program, the project provided for in point b, then to point a, paragraph 2, article 6 of Decree 45/2012/ND-CP (does not include the application of cleaner production in industrial production);
-When considering the planned annual promotional budget depending on the ability to balance the budget, program management agency will allocate priority funding plan according to the locality before then to review priorities of industry.
b) for cleaner production activities does not prescribe the order of priority areas and professions as defined in point a, paragraph 3 of this article. Order of priority review on the efficiency and the level of project management agency program review decision.
c) funding levels support for priority programs, project in clause 1 and clause 2 of this application under the guidance of the Ministry of finance and Ministry of industry and trade. Article 7. Detailed rules on the Organization of public services provisions in article 9 of Decree 45/2012/ND-CP 1. The other promotional services as defined in clause 1, article 9 of Decree 45/2012/ND-CP is the Organization, individuals of all economic sectors established in accordance with the law; There is enough there capacities and functions, the task of matching active promotional content involved.
2. The capacity of the Organization of public services when promotional activities involved depending on the nature and characteristics of each form of project, the task involved was regulators selection program when capacity assessment according to certain criteria such as: human resources capacity, financial capacity , facility and implementation experience.
Article 8. Build the program, promotional plans 1. Build the promotion phase a) Industry coordinated with relevant ministries, sectors and localities to build national promotional programs each stage the Prime Minister for approval.
b) industrial and commercial Departments coordinated with relevant departments, district-level people's Committee building local promotional programs each stage the provincial people's Committee for approval.
2. Build the annual promotional plan a) national promotional plans:-every year, the base of national promotional programs each stage was approved and the text direction of the agencies concerned, local industrial Bureau chaired the Department of industry and trade guidelines, relevant departments and public services organisations build national promotional plan;
Department of industry and Commerce chaired the building planning and evaluation level promotional schemes implemented by national promotional funds to deploy locally sent local industry General Bureau;
-On the basis of real funding sources there, the local industrial Bureau verify missions, promotional scheme of the unit for the promotion of the national plan, the Minister of Industry for approval and implementation after it is approved.
b) local promotional plans:-every year, based on local promotional programs each stage was approved and the text direction of the relevant agency, the Department of industry and trade, the people's Committee at district level, the social level chaired the guide building and general plans, the authority to approve local promotional plan;
Department of industry and trade, the people's Committee at district level, the social level of the Organization to deploy local promotional plan after it is approved.
3. construction process planning, implementation and management of the program, a promotional scheme) construction process of planning, organizing, advance, payment and program management, planning, national promotional schemes implemented under regulations of the Industry. b) provincial peoples Committee rules of construction process plan , implementation, advance, payment and program management, planning, local promotional schemes.
Article 9. Reporting and auditing, monitoring of projects, the promotion of industry 1. The Department of industry and commerce is responsible for: a) General report on the situation of national promotional activities and local area as specified in circular No. 20/2012/TT-BCT on July 20, 2012 of the Minister of industry and trade of the regulations to report aggregate statistics apply to the Department of industry and trade of the province the central cities, sending provincial people's Committee and local industrial Bureau.
b) synthesize the reported irregular about promotional activities on the provincial level at the request of local industrial Bureau, the provincial people's Committee and the competent authority.
c) built the provincial people's Committee issued the regulations on the reporting regime, the system of criteria, target tracking, monitoring programs, and promotional schemes assigned to agencies, local units made.
2. local industrial Bureau is responsible for the synthesis report on promotional activities situation nationwide sent Industry, reported the Prime Minister as a rule.
3. Every year, local industrial Bureau in collaboration with the Department of industry and commerce, the ministries and related units Guide, test and monitor the national promotional schemes; The Department of industry and commerce in collaboration with the departments and units involved in local guide, test and monitor the local promotional schemes.
Article 10. State management of promotional activities 1. Local industrial Bureau is the clue to help the Minister of industry and trade to make state management functionality of the activity defined in article 15 of Decree 45/2012/NĐ-CP dated. 2. The Department of industry and trade is helping the provincial people's Committee to implement state management functionality on the local promotional activity as defined in article 16 of Decree 45/2012/ND-CP. Article 11. Effect 1. This circular effect since October 2 in 2013 and replaces circular No. 03/2004/TT-BCN on 23 June 2005 by the Ministry of industry on implementation of some of the content of the Decree 138/2004/ND-CP dated 9 June 2004 the Government encourage the development of rural industry and decision No. 07/2008/QD-BCT July 5 in 2008 the Minister of industry and trade on the decision target system of tracking, monitoring national promotional program to 2012 and the system of criteria, indicators project, promotional programs.
2. During the implementation process if there are obstacles, suggest the agency unit, reflecting on the Industry to consider additional adjustments, as appropriate.