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Decision 2008/qd-Bct: Enacting Regulation, Implementation And Program Management, Planning And National Promotional Schemes

Original Language Title: Quyết định 08/2008/QĐ-BCT: Ban hành Quy chế xây dựng, tổ chức thực hiện và quản lý Chương trình, kế hoạch và đề án khuyến công quốc gia

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  The DECISION to enact regulation, implementation and program management, planning and national promotional scheme the MINISTER for INDUSTRY and TRADE pursuant to Decree 189/2007/ND-CP on December 27, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;
 
Pursuant to Decree No. 134/2004/ND-CP dated 9 June 2004 the Government promotes rural industrial development;
        
At the suggestion of the Director of the local industry, the decision: article 1. Attached to this decision of building regulation, implementation and program management, planning and national promotional schemes.
 
Article 2. This decision has the effect after 15 days from the date The report.
 
Article 3. Chief of the Department, Director of the Service functions of the Ministry, Director of local industry, the Director of the Department of industry and trade, the heads of the relevant units responsible for the implementation of this decision.
 
Building REGULATIONS, implementation and program management, planning and national promotional schemes (attached to decision No 8/2008/QD-BCT ngày12 tháng5 2008 of the Minister of industry and trade) chapter I GENERAL PROVISIONS article 1. Scope and object adjustment 1. This regulation regulates the order and procedure of construction, appraisal, approval, implementation, monitoring, checking and evaluation, program management plans and national promotional schemes.
 
2. this Regulation applies to the organizations and individuals related to the implementation of programs, plans and national promotional schemes, including: a) the base live rural industry industrial production investment in the district, town, commune and town, including small and medium enterprises; the cooperative; the individual business households;
 
b) promotional services organizations;
 
c) state management agencies on promotional activities under the provisions of article 15 of Decree 135/2004/ND-CP dated 9 June 2004 the Government encourage the development of rural industry (hereinafter the Decree No. 134/2004/ND-CP).
 
Article 2. Explanation of terms 1. National promotional program (KCQG) is a collection of content, the task of the encouragement of national and local in each period (usually 5 years) was the Prime Minister for approval, aiming to encourage the development of rural industry, contributing to economic restructuring, social and labor 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 by the President of the people's Committee (PPC) to grant the approval.
 
3. promotional scheme is the scheme was set up to implement one or several promotional activities content stipulated in article 3 of Decree 135/2004/ND-CP project promotional objectives, content and specific beneficiaries, implementation time and expense.
 
4. National promotional schemes is promotional scheme using funding from national promotional funds for implementing promotional activities according to the program, the promotion plan by the Minister of Industry for approval.
 
5. local promotional scheme is the scheme using promotional funds from the local promotional funding sources to implement promotional activities according to the program, the plan was approved by the provincial PEOPLE'S COMMITTEE Chairman.
 
6. encourage public service organization is the Organization, individuals of all economic sectors was established under the provisions of the law (the Promotion Centre, scientific-research base technology, training, business advice, ...) have the capacity to perform activities, such as advisory services education, training, technology transfer, provide information, trade promotion and other activities in accordance with article 3, Decree No. 134/2004/ND-CP to develop industrial, handicraft in the countryside.
 
7. project implementation unit is organized promotional services, the rural industrial base has promotional schemes approved in national promotional plans and is responsible for implementing the project through the economic contract signed with local industrial Bureau (CNĐP).
 
8. organizations, individual beneficiary's organization, the individual is the beneficiary directly from the results of the promotion scheme implementations.
 
Chapter II APPROVAL, CONSTRUCTION PLANS, PROGRAMS and PROJECTS to RECOMMEND the article 3. Build a national promotional program 1. The program KCQG was established on the basis of the recommendation of the local industrial and commercial Department's periodic stages,. Ministry of industry and trade CNĐP Bureau Director Department of industry and trade of the Guide, city of centrally organized construction of local promotional programs the provincial PEOPLE'S COMMITTEE approval and submit Department of General CNĐP.
 
2. Ministry of industry and trade proposed base of the province, central cities, CNĐP Bureau, the suitability of the project for the promotion of the economic development plan with the social development of the craft-industrial regions, local review, synthesis, build national promotional programs process the Prime Minister for approval under current rules.
 
Article 4. Build national promotional plan 1. National promotional plan be established consistent with national promotional programs on the basis of the local registry, the national promotion centres. The report registered the national promotional scheme consists of two parts: (i) the results of the previous year's encouragement; Reviews the implementation of promotional plans current year; (ii) target and towards the encouragement of the following year; The list and report the national promotional schemes put into the plan.
 
2. On the basis of the local registration, promotional Center National CNĐP assessment, additional duty of the Bureau to General, build national promotional plan process Industry look to the overall synthesis on the plan the State budget of the Ministry of finance balance capital budget layout.
 
 National promotional plan consists of two parts: (i) the results of the previous year's encouragement in the country; reviews of the implementation of the current year KCQG plan; (ii) target oriented, the encouragement of national the following year; Directory of promotional scheme expected to put into the plan.
 
3. When the Finance Ministry's decision on the allocation of State budget estimation, CNĐP Bureau review directory of national promotional schemes for matching funds the allocated the KCQG Minister of industry and trade review, official approval to implement.
 
4. The Bureau decided to send CNĐP delivery of promotional funding plan of the Minister for units assigned to plan implementation, the Department of industry and commerce where the project implementation to management and project basis, and announced on the internet by the Bureau.
 
Article 5. The principle established the national promotional 1. Consistent with the policy, the policy of industrial development, the craft of party, State; strategy, development planning, the craft industry and trades on the national scope, domain, region, locality.
 
2. In accordance with the content of the activity specified in article 3 and industry categories, enjoy the promotion policy prescribed in article 6, of Decree No. 134/2004/ND-CP.
 
3. Fit the national promotional programs each stage due to the Prime Minister for approval. The period from 2008-2012 by decision No. 134/2007/QD-TTg by the Prime Minister on the approval of a national promotional program to 2012.
 
4. Fit the circular guidelines and legal texts related to promotional activities.
 
Article 6. The national promotional schemes are priority 1. About the area: promotional projects priority in the geographical, the craft industry is slow to develop. In the case of the geographical conditions of the same priority then the promotional scheme of the unit have the experience, the capacity to implement the project.
 
2. Profession: prioritize development assistance projects in manufacturing, machining, and Assembly of mechanical products serve agriculture, rural; the agricultural, forestry and fisheries; the project supports the production of the products have export markets; the project supports the production of consumer goods and handicrafts; the project produced does not pollute the environment.
 
Article 7. The basic content of the report of the national promotional schemes reported national promotional schemes have the following principal contents: 1. The need of the project: essential general situation (stated summary of situation trades in the local scheme); the reason and the need to implement the scheme.
 
2. Target: stated the goals of the project should achieve. The objectives must be clear, specific, meet the actual needs of the industrial manufacturing base.
 
3. The scale of the project: the stated size and the main activities of the project.
 
4. implementation unit, the combined unit, beneficiaries, locations.
 
5. content and progress: clearly identify the content needs work done and the progress made, the Organization/individual performed.
 
6. cost estimation: determine the total investment cost for the project, in which the molecular structure: funding sources clearly promotional (national promotional, local promotional); the Organization's contribution funding, individual beneficiary; other sources (if applicable). Estimated cost is establish details for each job content according to the prescribed form and must be consistent with the current rules (in the form of Appendix 1). For the promotional scheme points, done in many years, the funding plans have to be allocated according to the progress made.
 
7. Implementation: implementation plans stated; units are delivered implementation to full capacity (including the host unit and the coordination unit) match the Points a, b, paragraph 2, article 1, chapter I of this regulation.
 

8. The effectiveness of the scheme: specify the effect on economic, social and environmental sustainability of the project after the end of support.
 
Article 8. The process of assessment, appraisal, approval of plans and national promotional schemes 1. A base-level evaluation) project implementation units promotional (except the national promotional Centre) established the promotional scheme report according to the provisions of article 7, chapter II of this regulation sent the Department of industry and trade of the province, where implementation of the project;
 
b) Director the Department of industry and trade organizations assess, through the national promotional schemes to ensure the promotional scheme was established in accordance with the current rules on the encouragement; the goals of the scheme match the promotional development of industry, handicraft, local promotional programs. The assessment by the promotional scheme to help the industrial and commercial Department Director's done. After promotional schemes through the established planning according to the form prescribed in these rules (annex 2) submitted a report to the provincial people's Committee and the Bureau of CNĐP to general building plan of national promotional;
 
c) schemes due to the established national promotional centre was sent directly to the Department of CNĐP General, approved after the agreed with the Department of industry and trade of the locality, where implementation of the project.
 
2. Appraising, approving plans to order national promotional Director CNĐP valuation organization national promotional plans to ensure the promotional plan, scheme in accordance with the provisions of the State for the encouragement; consistent with national promotional programs are approved by the Prime Minister; the goal of the project, the national promotional plans consistent with the master plan of Industrial Development Department, region and country.
 
Evaluation work plan by the Bureau Chief's execution. Where necessary, CNĐP Bureau can invite representatives of ministries, agencies, organizations or experts to consult. After the evaluation, the Department CNĐP the national promotional plan over Minister of industry and trade review, approval.
 
3. promotional scheme records when valuating grassroots-dispatch proposed by the project implementation unit;
 
-Promotional scheme report be established according to the provisions of article 7 of this regulation. For the promotional scheme that the unit made the project not at the same time as the beneficiaries have to have opinions of beneficiaries.
 
4. the registration records of the national promotional plan for evaluation in The Department of industry and trade CNĐP Bureau send on January CNĐP the Bureau document profile consists of:-the registration report of national promotional schemes of the Department of industry and trade as prescribed in clause 1, article 4 of this regulation;
 
-Speaking national promotional schemes;
Report-national promotional schemes in speaking.
 
5. Records of the national promotional plan process Industry approved-CNĐP Bureau's Newspaper the Industry recommendations approved national promotional plan under clause 2, article 4 of this regulation;
 
-Draft decision of approval of the plan national promotional budget of the Minister of industry and trade, with speaking plans national promotional funds.
 
Article 9. Content evaluation 1. The relevance of the scheme with the principle set forth in article 5 chapter II of this regulation.
 
2. The objective, the need for and the effectiveness of the scheme; reasonableness of use of funds, resources and other technical facilities.
 
3. implementation unit, the combined unit, beneficiaries.
 
4. The ability to combine, integrate with the project, other target programs.
5. The suitability and completeness of records and documents of the project.
 
Article 10. Time planning and approval of plan 1. The unit made the scheme sign up encouraging the scheme with the Department of industry and Commerce before May 31 of every year. Registration documents are prescribed in paragraph 4 to article 8 of this regulation.
 
2. The Department of industry and Commerce submitted registration documents on national promotional plan CNĐP Bureau to verify it before June 30 of every year. Inspection records specified in paragraph 5 to article 8 of this regulation.
 
3. CNĐP additional Investigation Bureau, general national promotional plan process Industry before July 15 to approve sending the Finance Ministry sign annual funding.
 
4. When the Minister's decision on the allocation of State budget estimation, CNĐP Bureau of your organization, appraisal directory of the project and the promotional mission, planning process The review, approved the delivery of national promotional plan.
 
5. CNĐP Bureau send national promotional plan has been approved by the Minister for the project implementation unit and the relevant Department of industry and trade (to coordinate the direction, management, testing facility), held the contract implementation.
Chapter III IMPLEMENTATION, PROGRAM MANAGEMENT, PLANNING, PROJECT NATIONAL PROMOTIONAL article 11. Implementation 1. Local industrial Bureau a) presided over construction of a national promotional program each stage, mechanisms, policies, legal documents about the activity works in the competent authority approval;
 
 b) presiding over the construction plan and the estimated annual national promotional fee to sum up on the general budget estimates of the Ministry of finance the Government;
 
c) verification, synthesis of the project of national promotional plan, the Minister of industry and trade review, approval of the planned national promotional funds;
 
d) guide the Organization, the individual building project, plan, programme the country;
 
DD) signed the national promotional schemes and guide the organizational unit implementation;
 
e) liquidation and settlement the national promotional contract according to the regulations;
 
g) manage, track and report synthesis (summary six months, quarter, year-end report, preliminary report and summarize the promotions; irregular report) implementation plan for local and national promotional on the nationwide process of the Ministry and related agencies;
 
h) presided over construction of the program, curriculum, materials and training organization of capacity management, organizing promotional activities for staff as encouragement;
 
I) clues, solve the issues relevant to the work of national and local promotional;
 
k) clues help the Minister to perform the duties in other State management functionality of the activity according to the provisions in clause 1, article 15 of the Decree 138/2004/ND-CP of the Government.
 
2. The Department of industry and trade a) presided over the construction of local promotional programs each stage, mechanisms, policies, legal documents about the activity works in the competent authority approval;
 
b) guide the Organization, individuals on the construction of the project, planned promotional; the evaluation, selection, general national promotional schemes, planning, PPC, email CNĐP Bureau report verified, general process Industry;
         
c) guide the Organization, individuals implementing national promotional schemes and local. Clues to solve the issues related to the promotion of local activities;
 
d) organizing trials basis national promotional schemes implemented;
         
DD) in collaboration with the CNĐP Bureau, ministries, departments, check reviews and monitors the implementation of the scheme, the national promotional plan locally;
 
e) management, tracking and reporting of aggregate (summary six months, quarter, year-end report, preliminary report and summarize the promotions; irregular report) implementation plan for local and national promotional areas and CNĐP Bureau sent local provincial PEOPLE'S COMMITTEE;
 
g) clues, solve or the competent authorities to resolve the problems related to the encouragement of local areas;
 
h) is the Department of industry and trade to help the provincial PEOPLE'S COMMITTEE in implementing State management functionality on the local promotional activity.
 
3. The Unit perform a) established and detailed budget estimation schemes under the provisions;
 
b) organize the implementation of national promotional schemes according to the content has been approved, the terms of the contract; use the funds effectively, properly estimating and the regulations of the State;
 
c) create conditions conducive to competent organs in the inspection, assessment, monitoring the implementation of the scheme;
 
d) in collaboration with the Department of industry and Commerce held trials basis promotional schemes. Perform the liquidation and settlement of funds according to provisions;
 
DD) ensure and bear legal responsibility regarding the information provided to the Agency in the management of construction plans, schemes, these types of reports and other relevant documents of the project, the national promotional plan;
 
e) is responsible for keeping records, documenting the project, national promotional plan under the provisions of the law.
 
4. The ministries, departments, central agencies, within the scope of the task, their powers are responsible for coordination with Industry, CNĐP Bureau, the province, the city made the State management functions for the national promotional activities.
 
Article 12. Adjust, Supplement, stop the deployment of the project 1. In case of need to adjust, supplement or discontinue promotional scheme implementations, the industrial and commercial Departments have Bureau sent text CNĐP before September 30, which stated the reason adjust, supplement or stop the project.
 
2. On the basis of the proposal to adjust, supplement or stop implementing scheme of the Department of industry and commerce, the Bureau of CNĐP considering the approval or the Minister of Industry for approval, specifically the following: a) CNĐP Bureau approved the proposed adjustments related to changes to project locations within a province , the adjust about implementation partner, the tune does not alter or reduce funding levels support from national promotional funds;
 

b) CNĐP Bureau review process Industry approval for the proposed adjustment as the switch location from the province to other provinces, the adjusted increase funding levels support, adjust the lead to fundamental changes the contents of the scheme (change active promotional content), the proposed new scheme supplements , stop the implementation of the scheme;
 
c) for the project to have the violations in the performance, does not meet the objective, content, progress or content scheme, inappropriate CNĐP Bureau reviewed, The approval process of the decision to stop performing.
 
3. The decision to adjust, supplement or stop the implementation of the scheme are promotional CNĐP Bureau announced on the internet by the Bureau and industrial and commercial departments and send the unit made known after enactment.
 
Article 13. Project report 1. The unit perform periodic project progress reports according to the prescribed form (Appendix 3), Department of industry and trade CNĐP Bureau send before April 20 monthly. Make unscheduled reports required by the project authority. At the end of the project implementation unit of General reporting the results of the project (with the profile when the liquidation, settlement of the contract).
 
2. The Department of industry and trade of the province are responsible for monthly recurring General, reporting the implementation of the scheme, plan, programme the country, local promotional sending local industrial Bureau before the 25th of every month.
 
Article 14. Inspection, monitoring and evaluation of the implementation of the scheme, plan, programme the country 1. CNĐP Bureau, in coordination with the ministries, Service, Directorate, Department of industry and trade related provinces, cities hosted test, evaluation, tracking, monitoring the implementation of the scheme, the plan, the national programme.
 
2. CNĐP Planning Bureau checks, reviews made national promotional schemes; group composition and proposal writing to send relevant agencies, local industry and Commerce Departments where implementation of the project, the unit was given the implementation of the project.
 
 3. After the test, reviews major responsible group synthesis reports reviews the test results reported Director CNĐP.
 
4. The project implementation unit, the plan is responsible for reporting as required by the Department and provide full documentation, information related to the project, the plan. Create favorable conditions for the inspection, monitoring, reviews the implementation of the scheme, the national promotional plan.
 
 
 
Chapter IV APPRAISAL, discipline and ENFORCEMENT of article 15. Merit 1. The Organization, individuals perform well this regulation will be rewarded according to the current rules.
 
2. organizations and individuals who made good, effective; perform full report mode; payment due date, the schedule will be a priority consideration when joining the project, plan the next national promotion.
 
Article 16. Handle violation of organizations, individuals with violations of these rules, depending on the extent, dealt with under the provisions of the current law.
 
Article 17. Terms of implementation 1. CNĐP Bureau chaired, coordinated the Department of industry and trade of the province, central cities; organizations, relevant personal guide, examine the implementation of this regulation and report aggregate Industry.
 
2. The Bureau, as functions of the tasks involved with CNĐP inspect, monitor, evaluate, plan, national promotional programs.
 
3. CNĐP Bureau, the Bureau of the Department of industry and commerce, Service, organization, public services; individuals, organizations join the national promotional activity taken seriously the provisions of this regulation.
 
4. Department of General CNĐP the problems arising in the process of implementation, reporting to the Minister of industry and trade to consider, decide the amendments, supplements regulation./.