The Decree 45/2012/nd-Cp: Regarding Promotional

Original Language Title: Nghị định 45/2012/NĐ-CP: về khuyến công

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Pursuant to the law on organization of the Government of 25 December 2001;
According to the recommendation of the Minister of industry and trade, the Government issued the Decree on the extension.
 
 
Chapter I GENERAL PROVISIONS article 1. Scope and object 1. Scope of this Decree stipulates the policy encourages, assists organizations and individuals involved in developing rural industrial production, the application of cleaner production in industry (hereafter referred to as promotional activity).
2. apply object a) 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: small and medium enterprise, cooperative, partnership, business households established and operating according to the provisions of the law (hereinafter referred to as the rural industrial base).
b) industrial production establishments applying cleaner production.
c) organizations, individuals and foreign countries involved in the management, implementation of the activities of public services.
Article 2. Explanation of terms 1. National promotional program is a collection of content, the task of national promotional activities and local in each period (usually 5 years) was the Prime Minister for approval, aiming to encourage the development of industry-handicraft and applied cleaner production in industry to improve the production efficiency contributing to economic restructuring, social workers in the local.
2. The plan is a collection of promotional scheme, annual promotional mission, which launched the progress, expected concrete results should be achieved in order to meet the requirements of a national promotional program each stage. National promotional plan by the Minister of industry and trade; local promotional plan due to the people's Committee Chairman granted the approval.
3. promotional scheme is the scheme was set up to implement one or several promotional activities content stipulated in article 4 of this Decree. Promotional scheme aims, content and beneficiaries, implementation time and expense.
4. The product is typical rural industrial products due to the rural industrial base, production, quality, high use value; has the potential to develop production, expand the market; meet some basic criteria on economic, technical, social; about using source material; jobs for workers and satisfy the environmental protection requirements.
5. Cleaner production in industry is the application of the solution of the management, the technology to enhance the effective use of natural resources, raw materials, fuel, materials; reduce emissions and limit the level of increased environmental pollution.
6. promotion of public services is the need to deploy services to perform the activity content to the provisions of article 4 of this Decree.
Article 3. The goal of the promotional activities 1. Motivate and mobilize domestic and foreign resources to join or support organizations, individuals investing in the production industry-handicraft.
2. Contribute to the economic restructuring in the direction of developing the craft industry and job creation, increased income, make the assignment back to social workers and contribute to building a new countryside.
3. Encourage, support for cleaner production in the industrial production base in order 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.
4. support, enabling organizations and individuals of all economic sectors to invest in industrial production development-craft a sustainable, competitive capacity, the effective implementation of the agenda of international economic integration.
Chapter II article 4 PROMOTIONAL POLICY. Promotional activities content 1. Vocational training institutions, occupational transmission according to the needs of the industrial base to create jobs and improve for workers. Forms of vocational training, vocational communications mainly short term, associating theory with practice.
2. support the capacity management, awareness and capacity in the application of cleaner production in the manufacturing industry through advocacy, training, training, seminars, forums; sightseeing, academic survey of domestic and foreign experience. Support start-up, established businesses on rural industrial production. Support expanding markets, exports of industrial products to the countryside.
3. Build support technical demonstration model; technology transfer and the application of advanced machinery, scientific and technical progress in the production of the craft-industrial; pilot models built on the application of cleaner production.
4. development of rural industrial products, through organized vote industrial products typical countryside. Support fair, rural, industrial and handicraft; support the rural industrial base to join the fair, the exhibition. Build support, registered trademarks and investments the galleries to showcase product promotion and other trade promotion activities.
5. Consultation help the industrial base in the countryside: investment projects, marketing; Production Manager-accounting and finance-human resources; business start-up; venture, the link in the manufacturing business; packing, packaging; the application of new equipment technology. Advice guide, support organizations and individuals approach the preferential investment policies, land policy, the science and technology policy, the financial-credit policy and the preferential policies of the State. 
6. Provide information about the industrial development policy, the promotion, market information, common experiences, business models, cleaner production in industry, through forms such as: building of tv programs, radio; publish newsletters, publications; build data, electronic information page; leaflet, brochure and other forms of mass communication.
7. the venture support links, economic cooperation, the development of industrial clusters and to relocate the base to pollute the environment: a) to support the industrial base established the Association, the professions. Support the construction of the industrial enterprise links.
b) support the establishment of detailed planning, construction of infrastructure and attract investment to develop industrial clusters.
c) Advisory support, interest rate loans for the rural industrial base polluting the environment to move into the zones, clusters. Build support systems and environmental pollution in the industrial, rural industrial base.
8. international cooperation, including promotional activities: a) building and participated in promotional activities, cleaner production in the programs, projects, international cooperation projects.
b) Exchange, learning experience about the encouragement, encourage industrial development, industrial management, cleaner production with the institutions, foreign individuals under the provisions of the law of Vietnam.
c) capacity, the level for staff as encouragement under the international cooperation program and other programs, academic survey projects abroad.
9. The capacity to manage and implement promotional activities: a) to build the program, documentation and training organizations, training, professional training, career service for staff as encouragement.

b) held visiting survey, learning experiences in the water; seminars, conferences and reviews of the promotional activity; build, maintain and disseminate databases and electronic information page about the promotion, cleaner production.
c) investment facility, means working for the Center for regional and provincial promotional. Build and maintain a network of collaborators strongly.
d) build promotional programs each stage; the annual promotional plan.
DD) test, monitor and guide the implementation of programs, plans, promotional schemes.
Article 5. Category lines enjoy promotional policy 1. The Organization, the individual provisions in the points a and b item 2 article 1 of this Decree, the manufacturing investment in the following fields enjoy the promotional policy according to the content of the provisions of article 4 of this Decree: a) The agricultural-forestry-fishery products and food processing.
b) industry production serves consumers and export, import substitute goods.
c) chemical industries serving agriculture, countryside. Production of building materials.
d) product manufacturing, spare parts; Assembly and repair of machinery, equipment, tools, mechanical, electrical, electronic and information technology. Manufacturing, machining, products and industry support.
DD) craft production.
e) extraction, mineral processing at the geographical socio-economic hardship and especially hard under the provisions of the law.
g) application of cleaner production in the industrial manufacturing base; handling of environmental pollution in the industrial base, rural industrial production.
2. Pursuant to the situation of social-economic development and the requirements of the encouragement in each period, Industry the Prime Minister decides the amendments, additional lines are entitled to the policies prescribed in paragraph 1 of this Article.
Article 6. Priority 1 guidelines. Priority: the priority areas of the program, proposals made at the geographical socio-economic hardship and especially hard under the provisions of the law; the area of the commune in the implementation plan of the national target program of building new countryside; the higher districts, Islands, land border; the ethnic minorities; poor districts as defined by the Government.
2. priority professions: a) priority program, the project supports the development of mechanical, chemical industry serving agriculture, rural areas; the agricultural-forestry-fishery products; industry support; application of cleaner production in the industrial production.
b) priority program, the project supports the development of rural industrial products are typical; products in the program development key industrial products; spearhead industry; the country's key industry, Department, region and locality; the production of the products have export markets; manufacture of products using the materials in place, use a lot of labor.
3. The level of funding support for priority programs, the scheme prescribed in clause 1 and 2 of this Article, ensure organizations attract individual investment, develop industry-handicraft, applying cleaner production into the geographical and industry need to prioritize.
 
Chapter III ORGANISATION article 7 PROMOTIONAL SYSTEM. The Central promotional organization 1. Local industrial Bureau is the Agency help the Minister of industry and trade to make state management functionality of the activity; implementation of the program, the national promotional schemes every year according to the plan is the Minister of Industry for approval.
2. The Minister of industry and trade decided to set up several national promotional Center in the region, the local industrial Bureau, to implement the program, the national promotional scheme in the region.
Article 8. Local promotional organization 1. Province level (province, city in Central): provincial people's Committee established the Promotion Center is a public career units directly under the Department of industry and commerce to organize the implementation of promotional activities.
2. Districts (County, district, town, City) according to the required tasks, the provincial people's Committee consideration, decided to set up the branch directly under the provincial Center.
3. the level of communes (communes, wards and towns) under the call of duty, the provincial people's Committee consideration, decided to set up the network of collaborators to develop promotional promotional activities to social.
Article 9. The other promotional services organization 1. Other promotional services organization is the Organization, individuals not subject to article 7, article 8 of this decree but have sufficient capacity to implement the promotional services.
2. The promotion of public service organizations are trained professional expertise, are participating in the program, plan, promotional schemes by State regulators about activity of public organizations.
Article 10. The mode for collaborators collaborators promotional promotional be remuneration due to promotional Committee Chairman issued the regulations.

Chapter IV FUNDING PROMOTIONAL article 11. Funding for operational and promotional funds for promotional activities and the cost of applying cleaner production in industry (hereafter referred to as promotional funding), include national promotional funds and local promotional expenditure.
1. National promotional funds of funds used for the promotional activities by the Ministry of industry and trade management and implementation.
2. local promotional expenditure is the expenditure by the provincial people's Committee or the people's committees at district level, social management, use for promotional activities by the local-level implementation.
Article 12. National promotional funds 1. National promotional funds are formed from the following sources: a) State budget grants annually as planned.
b) grants and contributions of the institutions and individuals in and outside the country.
c other legal capital) under the provisions of the law.
2. National promotional funds are used for the following purposes: a) spent on national promotional activities according to the content of the provisions of article 4 of this Decree.
b) other expenditures serves the national promotional activities.
Article 13. Local promotional funding 1. Local promotional funding is formed from the following sources: a) the budget of the provincial people's Committee, the district level, the social level annually.
b) grants and contributions of the institutions and individuals in and outside the country.
c other legal capital) under the provisions of the law.
2. local promotional funding is used for the following purposes: a) spent on local promotional activities organized to follow the content of the provisions of article 4 of this Decree;
b) other expenditures serves the local promotional activity.
Article 14. Manage national promotional funds and local promotional funding 1. Planning and estimation of national promotional funding by Ministry of industry and trade, construction estimating aggregate annual budget of the State agencies have the authority under the provisions of the law.
2. planning and estimating local promotional funding by the provincial committees, district level, social construction, General on the annual budget estimates of his local, the competent authority for approval in accordance with the law.
3. Every year, the State administration of the building promotion same time estimation of construction estimate, send financial bodies of the same level to sum up on the budget allocation approach the Agency has the jurisdiction to review the decision under the provisions of the law on the State budget.

4. National promotional funds and local promotional funding due to the budget level if not used up during the years of planning was transferred the following year to follow the current regulations.
5. The Ministry of finance, in cooperation with the Ministry of industry and trade guidelines set up, manage and use national promotional funds and local promotional expenditure.
 
Chapter V the STATE MANAGEMENT of PROMOTIONAL ACTIVITIES in article 15. The responsibilities of the ministries 1. Ministry of industry and trade to help the Government implement state management functionality of the activity according to the following: a) building, the competent authority issued or issued under the authority of the legal text of the activity.
b) build national promotional programs each stage, the Prime Minister's approval. Organize and guide the implementation of promotional activities under the program.
c) building, implementation plans, project annual national promotional ensure consistent with national promotional programs each stage was the Prime Minister for approval.
d) clue in collaboration with the ministries and local guide handle the problems related to promotional activities.
DD) in cooperation with organizations and individuals in and outside the country to attract capital and resources to serve the promotional activities.
e) inspecting, inspections, complaints, accusations of national promotional activities.
g) monitor, evaluate and periodically and annually report the Prime Minister making the program, promotional plans in the country.
2. Ministry of planning and investment to host, in cooperation with the relevant ministries, the Government consider allocating investment capital from the development of the central budget investment for construction equipment, headquarters for the national promotional Center in the region and support the construction headquarters equipment for the center of the local socio-economic conditions of difficulty according to the provisions of the law.
3. The Ministry of the Interior, in coordination with the Ministry of industry and trade guidance functions, duties, powers, organizational structure and staffing of the provincial Center.
4. The ministries, ministerial agencies, government agencies in the scope of the duty of their powers is responsible for coordinating with the Ministry of industry and trade in implementing State management functionality for promotional activities according to regulations.
Article 16. The responsibility of the provincial people's Committee, the city in Central 1. The provincial people's Committee to implement state management functionality for promotional activities in the local scope, have the following powers and duties: a) build, modify and enact policy, advocates, legal documents about the encouragement in accordance with the law and local conditions.
b) construction, approval and implementation of local promotional programs and plans, the annual promotional schemes locally.
c) decide the form of support from funding local promotional content for the promotional activities defined in article 4 of this Decree.
d) secured funding from local budgets to implementation in local promotional activities under the provisions of this Decree.
DD) construction, the Industry synthesis programs, plans, promotional schemes that use national promotional funds.
e) inspect, inspect, solve the listing type denunciation in promotional activities on the local level.
g) relations with the institutions and individuals in and outside the country to attract the sources of capital for local promotional activity.
h) balancing funding from local budgets, the Headquarters construction equipment, means working for the provincial Promotion centers according to the regulations.
I) tracking, reviews, quarterly Industry reports on local promotional activity.
2. The Department of industry and trade is helping the provincial people's Committee to implement state management functionality on the local promotional activity.
Article 17. Rewards and handle breach 1. Every year, the Ministry of industry and Commerce and people's committees of provinces and cities under central organization of links, reviews, experiences and rewards for the organizations and individuals who have outstanding achievements in promotional activities.
2. organizations and individuals have violations of the provisions of this Decree, depending on the nature and extent of the violation that severely disciplined, sanctioned administratively or be blind for criminal liability, if damage is compensated according to the provisions of the law.
 
Chapter VI PROVISIONS Enacted 18. Effective enforcement of this Decree in effect enforced since July 5 in 2012 and replacing Decree No. 134/2004/ND-CP dated 9 June 2004 the Government encourage the development of rural industry.
Article 19. Responsibility 1. Industry is responsible for guidance and organize the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.