The Decree 138/2004/nd-Cp: About Encouraging Rural Industrial Development

Original Language Title: Nghị định 134/2004/NĐ-CP: Về khuyến khích phát triển công nghiệp nông thôn

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Decree on encouraging rural industrial development _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
According to the recommendation of the Minister of industry, the DECREE: chapter I GENERAL PROVISIONS article 1. The objective of the activity the State hosted active encouragement, guidance, and support to organizations and individuals involved in developing rural industrial production (here referred to as promotional activities) aims at the following: 1. Motivate and mobilize domestic and foreign resources to join or support the institutions personal investment, industrial production and promotional services under the industrial development plan of the country and locality.
2. Contribute to the economic restructuring in the direction of industrialization-modernization, first of the agricultural industrialization and rural job creation, increased income, make the assignment back to social workers.
3. Supports, facilitates the Organization, individuals of all economic sectors to invest in production development of rural industry in a sustainable way, improving the competitive capacity, the effective implementation of the agenda of international economic integration.
Article 2. The scope and subjects of application 1. Organize, direct personal investment, industrial production in the district, town, commune and town (hereafter referred to as the basis of rural industrial production) include: a) small and medium enterprises established, operating under the State Enterprise Law;
b) small and medium enterprises established, operating under the enterprise law;
c) cooperatives established, operating under the law on cooperatives;
d) individual business households according to Decree No. 02/2000/ND-CP dated 3 February 2000 from the Government about business registration.
2. organizations and individuals of all economic sectors to encourage public service activities.
Article 3. Promotional activities content 1. Guide and support the Organization, individuals starting a business establishment projects of rural industrial development, looking for production sites, recruitment, training, financing, investment incentives and other administrative procedures as prescribed by law, in accordance with the development planning of industry by region , territory and local.
2. Guide to support industrial production in rural management capacity, rationalize production, lowering the price of the product.
3. Guidance, advice on industrial production base in rural construction of new production lines, expanding the scale of production, innovation and application progress of science-technology, advanced production capacity, product quality and environmental protection.
4. The Organization for vocational training, career development and occupational transmission.
5. providing information support, marketing, search engine marketing, business partners and organizing exhibitions, fairs and product introduction.
6. Organise experience exchange activities, sightseeing, survey; support and create conditions for the industrial production of the rural venture, links, economic cooperation, participate in industry associations.
7. building technical demonstration model, technology transfer and implementation consulting services and science-technology to support organizations and individuals investing in the production of the rural industry.
Chapter II article 4 PROMOTIONAL POLICY. Promotional activities in support of State policies and the appropriate measures to provide support for the Organization, direct personal promotional activities according to the content of the provisions of article 3 of this Decree and the Organization, individuals are directly invested into the production lines in the fields in the list provided for in article 6 of this Decree.
Article 5. Encourage the development of public services 1. The extension service is in service activities: consulting, training, technology transfer, provide information, trade promotion and other activities related to industrial manufacturing investment in the countryside.
The State encourages organizations and individuals, organized promotional services to make the content of promotional activities defined in article 3 of this Decree.
2. the promotion of voluntary organizations are organized by unions, socio-economic organizations, individual agency established under the provisions of the law, not for the purpose of profit to make promotional activities.
3. The promotion of public service organizations are trained professional expertise, are participating in the program, plan, promotional projects by the State governing body of the Organization activity.
Article 6. Category lines enjoy promotional policy.
1. organizations and individuals investing in the production of the rural industry in the following lines the promotional policy as defined in chapter II of this Decree: a) The agricultural-forestry-fishery;
b) manufactured products use raw materials in place, use more labour;
c) produces new products, the replacement of imported goods, export goods used mainly raw materials;
d) produce products, spare parts, Assembly and repair of agricultural machinery;
small hydropower, electricity) using new energy or renewable energy installed capacity below 10,000 kW to provide power for rural, remote areas;
e) manufacture, machining, products and services for the production of finished products.
g) invest capital to build infrastructure for clusters, industrial-handicraft and craft village.
2. Pursuant to the situation of social-economic development and the requirements of the encouragement in each period, The industrial process the Prime Minister decides the amendments, additional lines are entitled to the policies prescribed in clause 1 of this article.
Article 7. Funding for operational and promotional funds for promotional activities included: national promotional funds and local promotional funding: 1. National promotional funds are funds used for promotional activities and the national target program on promotional and management by the Ministry of industry implementation.
2. promotional funding by the local people's committees of provinces and cities under central (hereinafter the provincial people's Committee) managed to use for promotional activities by the locally made.
Article 8. National promotional funds 1. National promotional funds are formed from the following sources: a) State budget annual grant under the plan;
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 3 of this Decree;
b) promotional activities in support of the provincial people's Committee under the program, the plan and the approved scheme;
c) other expenses serve promotional activities.
Article 9. Local promotional funding 1. Local promotional funding is formed from the following sources: a) the budget of the provincial people's Committee issued annually;
b) grants and contributions of the institutions and individuals in and outside the country;
c) support from national promotional funds for promotional activities of provincial people's committees according to the program, the plan and the approved scheme;
d 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 3 of this Decree;
b) other expenses served for promotional activities.
Article 10. Manage national promotional funds and local promotional expenditure

1. planning and estimating cost of national promotional due to The construction industry, General on the annual budget estimates of the Ministry of industry of the State agencies have the authority under the provisions of the law.
2. planning and estimating local promotional funding by the provincial people's Committee building, General on the annual budget estimates of local browsers according to the current rules.
3. Annually, the financial authority granted pursuant to the plan, the approved budget estimates and progress made to allocate for the State management agency promotional activities at Central and local levels.
4. National promotional funds and local promotional funding due to the budget level if not used up in the year the plan was to use again next year.
5. The Ministry of finance in cooperation with the Ministry of industry specific guidelines set sequence, management and use of national promotional funds and local promotional expenditure.
Article 11. Land 1. The basis of rural industrial production enjoyed preferential policies in land rent, mortgage, transfer of land use right pursuant to the laws of the land.
2. industrial production base of the rural land use needs to relocate the old manufacturing base, narrow, environmental pollution or to build new production centre are the peoples Committee authorized level of priority for land lease with the lowest price.
3. provincial people's Committee has the responsibility of land planning, Land Fund and use the money earmarked for leasing land under the provisions of the law to invest to build the technical infrastructure for clusters, industrial-handicraft and craft village and create conditions conducive to industrial manufacturing base in rural production.
Article 12. Investment incentives 1. The basis of rural industrial production enjoy preferential policies according to the current rules of the State and the provisions of this Decree.
The agency receiving and processing the registration documents of investment incentives have clearly defined tasks are entitled to investment incentives of the industrial manufacturing base in rural investment preference certificates without requiring any other procedure.
2. With regard to the basis of rural industrial production have good investment projects that are provincial people's Committee, the proposal will be supported assessment Development Fund for investment loans under the rules.
Article 13. Information, market 1. The ministries and people's committees of the levels to create all conditions for the industrial production of the rural reach promptly with information on markets, prices, products and technology of domestic and foreign markets.
2. The basis of rural industrial production was reduced 50% or more of the cost of participating in exhibition area rental, exhibition recommended products in the country.
Article 14. Science and technology policy 1. The basis of rural industrial equipment applications of new technologies, new materials or investing in automation and technological equipment, equipment for processing technology source, pollution control, clean energy use, reducing the greenhouse effect, to save and enhance energy efficiency, renewable sources of industrial countries that enjoy support policy in the economic-technical program such as information technology, automation technology, biotechnology, materials technology and energy saving.
2. The Ministry of industry, in collaboration with The programme management prescribing guidelines.
Chapter III ADMINISTRATION of PROMOTIONAL ACTIVITIES in article 15. State administration of promotional activities 1. The Ministry of industry to help the Government implement state management functionality of the activity according to the following: a) building and issued or suggest the Agency has the authority to enact the strategy, planning and legal documents about the development of rural industries, regions, sectors and territories;
b) building program, national promotional plan each stage process of approval by the Prime Minister;
c) implementation and guide the implementation of promotional activities under the program, approved plan;
d) managed the national promotional funds;
DD) clue in collaboration with ministries, sectors and localities to handle the related content on investment, credit and finance, science-technology, markets, land, labor and the environment in the development of rural industrial production;
e) hosted the popular activity of production experience, management, science and technology advances, investment consultancy, training, provision of information, exhibition, fair and promote products for the manufacturing industry in the countryside;
g) cooperation with organizations and individuals in and outside the country to attract capital and resources to serve the promotional activities;
h) monitor, evaluate and periodically report annual prime the implementation of programs, plans, promotional schemes;
I) active organization emulating awards to organizations and individuals who have outstanding achievements in production and business activities rural industry.
k) inspecting, promotional activities and the management and use of national promotional funds, local promotional expenditure;
2. Apparatus, staffing to perform state management functionality of the activity as specified in paragraph 1 of this article by the Minister of industry the decision according to the authority.
3. The ministries, ministerial agencies, government bodies within the scope of his authority mission is responsible, in coordination with the Ministry of industry in implementing State management functionality for promotional activities as stipulated by the Government.
4. provincial people's Committee to implement state management functionality for promotional activities in the local scope, have the following powers and duties: a) issued or suggest the Agency has the authority to enact the strategy, planning, development plans, local industry and the legal text of incentive , incentives for local industrial development consistent with the provisions of the law;
b) approval and implementation programs, local promotional plan;
c) decide the form of support from the local promotional funds for promotional activities as defined in article 3 of this Decree;
d) ensure funding of local promotional funding to support organizations and individuals implement promotional activities;
DD) building, the Ministry of industry of synthesis programs, promotional activities plan that uses national promotional funds;
e) directed the local authorities to solve the problems related to investment, credit and finance, science-technology, markets, land, labor, the environment and industrial development in rural localities;
g) relations with the institutions and individuals in and outside the country to attract the sources of capital for the promotion of local activities;
h) monthly, quarterly report the Ministry of industry on the development of local industry and local promotional activity.
5. The Department of industry is helping the provincial people's Committee to implement state management functionality on the local promotional activity.
Article 16. Merit 1. Organization, individual achievement in operational support and encourage the development of rural industry is rewarded according to the regulations of the State.
2. Every year, the Ministry of industry and the people's committees of provinces and cities under central held to sum up experiences, and rewards for the organizations and individuals who have outstanding achievements in developing rural industrial production.
Chapter IV article 17 ENFORCEMENT TERMS. Effective enforcement of this Decree takes effect after 15 days from the date The report.

Article 18. Implementation and enforcement responsibilities 1. The Ministry of industry in collaboration with the ministries involved this Decree implementation guide.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.

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