Thông tư 10/2014/TT-BCT

CIRCULAR

DEFINING THE IMPLEMENTING OF MECHANISMS AND POLICIES ON TRADE PROMOTION, MARKET DEVELOPMENT, ancillary INDUSTRIAL DEVELOPMENT FOR DEVELOPMENT OF NATIONAL PRODUCTS

Pursuant to the Government's Decree No. 95/2012/NĐ-CP dated November 12, 2012 defining the functions, tasks, entitlements and organizational structure of The Ministry of Industry and Trade;

Pursuant to the Prime Minister’s Decision No. 2441 / QD-TTg dated December 31, 2010 on approval of the Program of development of national products by 2020;

Pursuant to the Prime Minister's Decision No. 72/2010 / QD-TTg dated November 15, 2010 on issuance of the Regulations on the formulation, management and implementation of the program of national trade promotion;

Pursuant to the Prime Minister's Decision No. 12/2011 / QD-TTg dates February 22, 2011 on policies to develop a number of ancillary industries and the Prime Minister’s Decision No. 1483 / QD-TTg dated August 26, 2011 promulgating the list of PRODUCTS OF ancillary INDUSTRIES PRIORITIZED FOR DEVELOPMENT;

At the request of the Director of the Department of science and technology

The minister of industry and trade promulgates the circular defining the implementing of mechanisms and policies on trade promotion, market development, and ancillary industries for development of national products

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation and regulated entities

1. This Circular defines the implantation of mechanisms, policies on trade promotion, market development, ancillary industrial development for the development of the national products under the development program of National Product by 2020 been approved by the Prime Minister in Decision No. 2441 / QD-TTg dated December 31, 2010 (hereinafter referred to as the SPQG Program and Decision No. 2441 / QD-TTg).

2. This Circular shall be applied to agencies, organizations, individuals, enterprises involved in participation in the development of national products in the list of the national products under the Development Program of National Products approved by the Prime Minister.

Article 2. Interpretation of terms

1. National products are products in the list of national products under the development Program of national products approved by the Prime Minister and assigned to the governing body, national product management unit by competent authorities (hereinafter referred to as SPQG).

2. Governing bodies of national products (hereafter referred to as governing bodies) are ministries, branches assigned the management and development of national products.

3. Management Unit of National Products (hereinafter referred to as management unit) is Chairman Board of the SPQG Program (for SPQG of which governing body is the Ministry of Science and Technology is the managing agency) or a unit assigned to manage national projects by governing body.

4. National product projects (hereinafter referred to as SPQG Project) are projects of science and technology or projects of investment in production of national products. Projects of science and technology, projects of investment in production of national products, schemes of national product development framework understood under the concept referred to in Article 2 of the Ministry of Science and Technology's Circular No. 10/2013 / TT-29 BKHCN dated March 2013 on guidance on management the development program of National Product by 2020 (Circular No. 10/2013 / TT-BKHCN).

5. Leading organizations of SPQG Project are organizations, enterprises assigned to take charge the SPQG project by competent agencies, units.

6. Scheme of trade promotion is construed in accordance with the provisions of Article 13 of Regulation on formulation, management and implementation of the program of national trade enclosed herewith the Prime Minister’s Decision No. 72/2010 / QD-TTg dated November 15, 2010 (hereinafter referred to as XTTMQG Program and Decision No. 72/2010 / QD-TTg)

7. Ancillary industrial development projects for development of SPQG are projects of investment in production of ancillary industry’s products supplied for the assembly of SPQG. Ancillary industrial development projects are construed in accordance with the concept mentioned in Article 2 of the Prime Minister’s Decision No. 12/2011 / QD-TTg dated February 24 , 2011 on development policies of a number of ancillary industries (hereinafter referred to as Decision No. 12/2011 / QD-TTg).

8. Steering Committee of SPQG Program is the steering Committee established under the Prime Minister's Decision No. 1893 / QD-TTg dated October 26, 2011 on the establishment of the Steering Committee of development program of the national products by 2020.

Chapter 2

TRADE PROMOTION OF NATIONAL PRODUCTS

Article 3. Preferential content of trade promotion of national products

1. Scheme for trade promotion of national products shall be taken a priority in participation in the Program of national trade promotion.

2. The relevant industry Associations and manufacturers and traders of national products shall be supported to develop their brands to achieve the National Trademark and to take priority to participate in national trademark Program.

4. The promotion scheme for the national products shall be taken priority for approval and participation in trade promotion Program managed by the ministries, branches.

5. Other preferential contents of trade promotion shall be defined in the Prime Minister’s Decision No. 2441 / QD-TTg dated December 31, 2010 requested the Prime Minister to approve by the Steering Committee of development Program of national products.

Article 4. Procedures for preferential treatment on mechanisms and policies for the trade promotion of national products

1. Based on the Decision on approval of the SPQG project of the competent authority, governing body shall choose a unit to take charge the trade promotion activities for SPQG (hereinafter referred to as the leading unit) under current regulations.

2. The leading unit shall cooperate with management unit of SPQG to formulate the trade promotion schemes for participation in the XTTMQG Program of SPQG under current regulations.

Trade promotion schemes of SPQG must be approved in writing by governing body before being submitted to the competent authority for approval.

3. Trade promotion schemes for participation in the XTTMQG Program of SPQG shall be as follows:

The Ministry of Industry and Trade shall take charge and cooperate with related agencies and organizations to verify, approve and manage the XTTMQG schemes for SPQG under current regulations;

b) Upon approval, the XTTMQG scheme for SPQG shall get maximum points for the target group of the necessary evaluation of the scheme and take priorities for the consideration of points for the remaining target groups;

c) XTTMQG scheme for SPQG meeting verification conditions shall be taken priority in approval of participation in the XTTMQG Program.

Chapter 3

MARKET DEVELOPMENT OF NATIONAL PRODUCTS

Article 5. Preferential content of market development of national products

1. The investment projects using state budget priority shall be taken priority in purchase, use of national products and considered the application of the no-bid contracts in accordance with the provisions of Article 40, Article 41 of the Government’s Decree 85/2009 / ND-CP dated October 15, 2009 providing guidance on implementation of the Law on Bidding and selection of building contractors under the Law on Construction (hereinafter referred to as Decree No. 85/2009 / ND-CP) and Prime Minister’s Decision No. 50/2012 / QD-TTg dated November 09, 2012 on the application of the no-bid contracts for the package under special circumstances considered and decided by the Prime Minister (hereafter referred to as Decision No. 50/2012 / QD-TTg).

2. National products specified in Clause 1, Article 2 of the Ministry of Finance’s Circular No. 68/2012 / TT-BTC dated April 26, 2012 defining bidding to purchase the property for regular operation maintenance of regulatory agencies, political organizations, socio-political organizations, socio-political professional organizations, social organizations, socio-professional organizations, people’s army units (hereinafter referred to as Circular No. 68/2012 / TT-BTC) shall be taken a priority to participate in the programs, activities and projects using state budget. At that time, national products shall be considered the application of the no-bid contracts in accordance with the provisions of Article 14 and Article 32 of Circular No. 68/2012 / TT-BTC.

3. Organizations and individuals of all economic sectors participating in trading the national products including purchase, participation in the system of distribution and export of the national products shall be considered for loan capital with preferential interest from the Vietnam Development Bank.

4. Other preferential contents of market development of national products defined in the Prime Minister’s Decision No. 2441 / QD-TTg dated December 31, 2010 requested the Prime Minister to approve by the Steering Committee of development Program of national products.

Article 6. Procedures for preferential treatment on mechanisms and policies for market development for the development of national products

1. Management unit of SPQG shall formulate the scheme of market development of SPQG in the form specified in this Circular and request the governing body for verification.

2. The governing body shall establish the verification board including at least 07 members chaired by the representatives of the governing body and representatives of the Ministry of Industry and Trade, Ministry of Planning and Investment, Ministry of Finance, Ministry of Science and Technology and related Ministries, sectors and localities.

Verification board shall approve the scheme of market development of SPQG to ensure feasibility, consistence with the current regulations. The governing body shall decide the assessment criteria for the scheme market development of SPQG products suitable to each national product assigned to manage.

3. The governing body shall verify the scheme of market development of SPQG.

Application for verification of the scheme of market development of SPQG market development shall include: market development scheme of SPQG; development framework scheme of SPQG, project of SPQG approved by competent authority and related documents.

 Application for verification of the market development scheme of SPQG must be sent to all members within 05 working days before the meeting of the verification Board. Market Development Scheme of SPQG shall be approved when 70% of the members of the verification Board agree.

The governing body shall cooperate with management units of DPQG to complete the market development scheme and request the Prime Minister for consideration and decision.

5. After consulting the Prime Minister, the governing body shall approve and carry out the market development scheme of SPQG under the current regulations.

Chapter 4

ANCILLARY INDUSTRIAL DEVELOPMENT FOR DEVELOPMENT OF NATIONAL PRODUCTS

Article 7. Preferential contents of ancillary industrial development for development of national products

1. Investment projects of production of ancillary industrial products to supply the projects for the national products shall be considered to enjoy the preferential policies in accordance with the provisions of Decision No. 12/2011 / QD-TTg and relevant legal documents.

2. Investment projects of production of ancillary industrial products to supply the projects for the national products shall be considered the application of the no-bid contracts when projects are carried out in accordance with the provisions of Article 40, Article 41 of Decree No. 85/2009 / ND-CP and Decision No. 50/2012 / QD-TTg.

3. Other preferential contents related to ancillary industrial development for development of national products shall be considered defined in the Prime Minister’s Decision No. 2441 / QD-TTg dated December 31, 2010 requested the Prime Minister to approve by the Steering Committee of development Program of national products.

Article 8. Incentive in mechanisms and policies for the development of ancillary industrial development for development of national products

1. Based on the Decision on approval of the SPQG project of the competent authority, management unit of SPQG shall cooperate with the investor of the project of ancillary industry product production to supply for SPQG to establish the project of ancillary industry product production for the development of SPQG.

2. The investor of the projects of ancillary industry product production to supply for SPQG shall set up an investment project and submit to the Ministry of Industry and Trade in accordance with provisions and current guidance on procedures for establishment of investment projects in ancillary industry product production.

3. The Ministry of Industry and Trade shall take charge and cooperate with the leading board of SPQG, governing body and related Ministries and branches to establish the verification board of the investment projects. The Ministry of Industry and Trade shall verify investment project in ancillary industry product production according to current regulations and request the Prime Minister for consideration and settlement.

4. After consulting the Prime Minister, the Ministry of Industry and Trade shall direct investors to complete, verify and approve the projects under the current regulations.

Chapter 5

IMPLEMENTATION

Article 9. Responsibilities of the Ministry of Industry and Trade

1. Department of science and technology shall take charge and cooperate with related agencies and units

a) To guide and implement this Circular;

b) To report annually or extraordinarily as required to the Steering Board of development Program of national products on the implementation.

2. The Vietnam Trade Promotion Agency shall take charge and cooperate with related agencies and units to verify approve and manage the schemes of trade promotion to develop national products and commence activities under the Program of National Trademark for national products in accordance with current regulations.

3. The Department of Heavy Industry shall take charge and cooperate with related agencies and units to verify approve and manage the implementation of projects of ancillary industry product for development of national products under the current regulations

Article 10. Responsibilities of governing body of national product

The governing body of national products shall take charge and cooperate with related agencies, units to verify, approve and carry out the scheme of market development of national products.

Article 11. Effect

This Circular takes effect from April 25, 2014.

If legal documents mentioned in this Circular are amended, supplemented or replaced, provisions in the amended, supplemented or replaced documents shall be compiled with.

Any problems arising in the course of implement should be reported to the Ministry of Industry and Trade for consideration, amendment and supplementation. /.