Thông tư 13/2015/TT-BKHDT

CIRCULAR

ISSUING THE LIST OF AREAS ENTITLED TO THE PRIORITIZED ASSISTANCE AND CRITERIA FOR SELECTION OF SUBJECTS ENTITLED TO THE PRIORITIZED ASSISTANCE OF DEVELOPMENT FUND FOR SMALL AND MEDIUM-SIZED ENTERPRISES

Pursuant to the Investment Law dated 26/11/ 2014;

Pursuant to the Enterprise Law dated 26/11/2014;

Pursuant to Decree No. 116/2008 / ND-CP dated 14/11/ 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

Pursuant to Decree No. 56/2009 / ND-CP dated 30/6/2009 of the Government on development assistance to small and medium-sized enterprises;

Pursuant to Decision No. 601 / QD-TTg dated April 17, 2013 by the Prime Minister on the establishment of the small and medium-sized enterprise development Fund;

At the request of the Director of small and medium-sized enterprise development Fund;

The Minister of Planning and Investment issues the list of areas entitled to the prioritized assistance and criteria for selection of subjects entitled to the prioritized assistance of small and medium-sized enterprise development Fund.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

1. This Circular provides for the areas entitled to the prioritized assistance and criteria for selection of subjects entitled to the prioritized assistance of small and medium-sized enterprise development Fund established under the Decision No. 601/QD-TTg dated 17/4/2013 of the Prime Minister (hereafter referred to as Decision No. 601/QD-TTg).

2. Dossier and procedure for appraisal and decision on loan from the Fund shall comply with the instructions of the Fund Management Council.

Article 2. Subjects of regulation

1. This Circular applies to:

a) The small and medium-sized enterprises established under the regulations of law and meeting the criteria specified in Article 3 of this Circular;

b) Small and medium-sized enterprise development Fund (hereafter referred to as Fund);

c) Vietnam Development Bank and the commercial banks meeting the conditions for entrusted loan from the Fund (hereafter referred to as bank);

d) Other relevant bodies, organizations and individuals.

2. This Circular does not apply to the state-owned enterprises.

Article 3. Criteria for identifying small and medium-sized enterprises

1. The small and medium-sized enterprises entitled to the assistance from the Fund (hereafter referred to as Enterprise) are the enterprises with size and business and production area specified in Clause 1, Article 3 of Decree No. 56/2009/ND-CP dated 30/6/2009 of the Government on assistance to the small and medium-sized enterprises.

2. The scale and business and production sector of the Enterprise specified in Clause 1 of this Article are defined as follows:

a) For the Enterprise with different business lines, business and production sector of the Enterprise is defined by the sector with highest total capital or total labor force. For newly-established enterprises without their financial statement, the business and production sector is defined by their business line which the Enterprise has registered with the business registration body.

b) The total capital of the Enterprise is the total capital or total assets in the balance sheet in the last yearly financial statement of the Enterprise. For newly established Enterprise without financial statement, the total capital is the charter capital specified in the Certificate of enterprise registration.

c) A number of employees is the average employees of the last financial year calculated by the average number of employee specified in the monthly salary and wage payment sheet of the Enterprise. These criteria do not apply to the newly-established enterprises.

Article 4. Principles of assistance of Fund

1. The Fund shall give the prioritized assistance to the Enterprise to implement investment projects and business and production plan effectively to improve the competitiveness and contribute to the income increase and job creation for laborers.

2. The enterprises meeting the criteria specified in Article 3 and having investment project and business and production plan in the fields specified in Article 5 and 6 of this Circular shall receive the loan from the Fund on the principle of equality, openness and transparency.

Chapter II

LIST OF AREAS ENTITLED TO THE PRIORITIZED ASSISTANCE AND CRITERIA FOR SELECTING SUBJECTS ENTITLED TO THE PRIORITIZED ASSISTANCE

Article 5. List of areas entitled to the prioritized assistance

1. The fund shall make prioritized loan to the Enterprise having investment project and business and production plan under one of the economic sectors classified according to the economic sector System of Vietnam issued in Decision No. 10/2007/QD-TTg dated 23/01/2007 of the Prime Minister, including:

a) Agriculture, forestry and fisheries;

b) Manufacturing and processing industry;

c) Water supply, management and treatment of waste and wastewater.

2. Based on the oriented development of small and medium-sized enterprises approved by the Prime Minister from time to time, the Fund shall develop the Program for assistance to Enterprise having feasible investment projects and business and production plan of the areas specified in Clause 1 of this Article.

Article 6. Fund’s conditions for loan

The Enterprise shall be entitled to capital from the Fund when meeting the following criteria and conditions:

1. The criteria for small and medium-sized enterprises specified in Article 3 of this Circular.

2. Has investment projects and business and production plans specified in Clause 5 of this Article.

3. The conditions specified in Article 7 of Decision No. 601/QD-TTg.

Article 7. Priority criteria for selecting subjects entitled to the Fund’s assistance

1. In additions for loan specified in Article 6 of this Circular, the Fund shall prioritize its loan to the Enterprise meeting at least one of the following criteria:

a) Output products: making high quality products, new materials and energy;

b) Renovation: Renovating the technical equipment to increase the labor productivity, fabrication and use of new and high technologies;

c) Management capacity: The enterprise manager’s capacity and experience of management and operation as well as the enterprise’s credit history and reputation.

d) Job creation and gender factors: Creating new jobs; employing a lot of female workers;

e) Environment: making energy-saving and environmental-friendly products or products used in the field of environmental protection; making or using clean technology and energy, renewable energy; production activities with low energy consumption and low emission, complying with regulations of law on environmental protection and having measures to protect the environment sustainably.

2. The criteria specified in Clause 1 of this Article are assessed by the scale stipulated in detail in the scoring Table specified in Annex 1 issued with this Circular.

3. The Fund shall use this scoring Table as a basis for assessing the prioritized assistance to the small and medium-sized enterprises in the order from high to low.

Chapter III

IMPLEMENTATION ORGANIZATION

Article 8. Responsibility of small and medium-sized enterprise development Fund

1. Issues the procedure for appraisal and decision on loan from the Fund.

2. Inspects and monitors the banks in making loan from the Fund’s entrusted capital.

3. Coordinates with the banks to perform duties specified in Clause 2, Article 9 of this Circular.

4. Performs other duties under the Decision No. 601/QD-TTg.

Article 9. Responsibility of entrusted Bank for loan

1. Appraises the investment project and business and production and loan plan to the Enterprise in accordance with the provisions in this Circular.

2. Monitors, inspects and supervises the reality of Enterprise’s loan capital utilization.

3. Complies with the other duties under the Decision No. 601/QD-TTg.

Article 10. Responsibility of Enterprise entitled to the Fund’s capital

1. Complies with the Fund and Bank’s conditions for loan.

2. Uses loan capital with the right purpose and effectiveness.

3. Fully, correctly and promptly provides information and takes responsibility before law for the information and documents related to the loan and reality of loan utilization for the Fund and Bank.

4. Is subject to the inspection and monitoring from the Fund and Bank over the loan capital utilization to carry out the approved investment project and business and production plan.

Article 11. Effect

1. This Circular takes effect from 13/12/2015.

2. Any problem arising during implementation of this Circular should be promptly reported to the Ministry of Planning and Investment for study and settlement./.

ANNEX I

SCORING TABLE OF CRITERIA FOR SELECTING THE PRIORITIZED SUBJECTS TO ASSISTANCE
(Issued with Circular No. 13/2015/TT-BKHDT dated 28/10/2015 of the Ministry of Planning and Investment)