Quyết định 104/2003/QD-BTM

DECISION

PROMULGATING THE REGULATION ON FORMULATION AND MANAGEMENT OF NATIONAL KEY TRADE-PROMOTION PROGRAMS

THE MINISTER OF TRADE

Pursuant to the Government's Decree No. 95/ND-CP dated December 4, 1993 prescribing the functions, tasks, powers and organizational apparatus of the Ministry of Trade;
Pursuant to the Government's Resolution No. 05/2002/NQ-CP dated April 24, 2002 on a number of solutions to implement the 2002 socio-economic plan,

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on formulation and management of national key trade-promotion programs.

Article 2. This Decision takes effect 15 days after it is signing.

REGULATION

ON FORMULATION AND MANAGEMENT OF NATIONAL KEY TRADE-PROMOTION PROGRAMS
(Issued together with Decision No. 104/2003/QD-BTM dated January 24, 2003 of the Minister of Trade)

Chapter I

GENERAL PROVISIONS

Article 1. National key trade-promotion programs

National key trade-promotion programs (hereinafter referred to as programs for short) are trade-promotion programs which are approved by the Prime Minister at the Ministry of Trade's proposal, aiming to develop export and raise the competitiveness of Vietnamese commodities, focusing on key commodities and key markets.

Annually, the Ministry of Trade shall announce the list of key commodities and key markets.

Article 2. Scope of application

This Regulation prescribes the proposal, appraisal and implementation management of national key trade-promotion programs.

Article 3. Subjects of application

1. Enterprises of all economic sectors, which are set up under law provisions and determined as units participating in national key trade-promotion programs.

2. Trade-promotion organizations under ministries, ministerial-level agencies; commodity-line associations and corporations, which are designated to act as units in charge of implementing the national key trade-promotion programs.

Article 4. The programs' requirements

1. Aiming to boost export growth and raise the competitiveness of Vietnamese commodities; being in line with the national orientations for export development in each period, and prioritizing key commodities and key markets annually announced.

2. Being compatible with the contents of key trade-promotion activities under the guidance in Section 1, Part II of the Ministry of Finance's Circular No. 86/2002/TT-BTC dated September 27, 2002.

3. Being feasible and rational in terms of implementation mode; implementation time and tempo; human resource, financial sources and material as well as technical foundations.

4. For some activities mentioned below, apart from the requirements prescribed in Clauses 1, 2, 3 and 4 of this Article, they must satisfy the following requirements:

a) Organizing or participating in overseas trade fairs and/or exhibitions:

- Multi-branch fairs and exhibitions must have 20 standard pavilions (3mx3m) or be participated by 18 enterprises at least.

- Specialized fairs and exhibitions must have 10 standard pavilions or be participated by 8 enterprises at least.

b) Organizing or participating in domestic fairs and/or exhibitions:

- Fairs and exhibitions in Hanoi and Ho Chi Minh City must have 350 standard pavilions or be participated by 300 enterprises at least.

- Fairs and exhibitions in other localities must have 250 standard pavilions or be participated by 200 enterprises at least; particularly, fairs and exhibitions in localities bordering on neighboring countries must have 120 standard pavilions or be participated by 90 enterprises at least.

c) Organizing or participating in delegations for market surveys or commercial transactions in foreign countries:

- Multi-branch delegations must be joined by at least 18 enterprises.

- Specialized delegations must be joined by at least 8 enterprises.

d) Training and/or fostering course for raising export business capability and skills for enterprises must be attended by at least 50 trainees.

Article 5. The program-managing agencies

1. The program-managing agencies are organizations designated to formulate and assume the prime responsibility for the implementation of the programs approved by the Prime Minister.

2. The program-managing agencies must satisfy the following requirements:

a) Being trade-promotion organizations under ministries, ministerial-level agencies, commodity-line associations and corporations, which are set up and operating under the provisions of Vietnamese laws and have the legal person status as well as their own accounts and seals.

b) Having staff fully capable of organizing the implementation of the programs.

c) Implementing the programs, aiming to bring benefits to many enterprises, not for profit purposes.

Article 6. The program-participating units

The program-participating units are enterprises of all economic sectors, which are set up under law provisions.

Chapter II

FORMULATION OF THE PROGRAMS

Article 7. Proposing the programs

Trade-promotion organizations under ministries, ministerial-level agencies, commodity-line associations and corporations shall act as main bodies to propose and send the programs to the Ministry of Trade.

The programs for a year must be sent to the Ministry of Trade before August 30 of the preceding year.

Article 8. Receiving and appraising the programs

1. The Ministry of Trade shall assign the Trade Promotion Department to receive the program proposals by the designated agencies and to make sum-up reports thereon.

2. The Ministry of Trade shall appraise, assess and work out programs on the basis of the proposals of the agencies designated to propose the programs, then synthesize and submit them to the Prime Minister for approval.

Chapter III

MANAGEMENT OF THE PROGRAM IMPLEMENTATION

Article 9. Responsibility for implementation of the programs

The program-managing agencies shall have to implement the programs already approved by the Prime Minister strictly according to their objectives, contents and tempo, the allocated funding and enterprises' contributions, ensuring efficiency, thrift and compliance with the State's regulations.

Article 10. Inspection and supervision of the implementation of the programs

1. The Ministry of Trade shall assign the Trade Promotion Department to inspect and supervise the implementation of the programs by the program-managing agencies, so as to ensure that the programs are carried out in strict accordance with the objectives, contents and tempo, ensuring their efficiency and compliance with the State's regulations.

2. The program-managing agencies shall have to fully provide documents and information related to the programs and create favorable conditions for the Ministry of Trade to conduct the inspection and supervision.

Article 11. Supplementation and termination of the programs

1. Based on the practical situation, the Ministry of Trade shall submit the programs' supplementation to Prime Minister for approval. The order for formulation of the programs' supplementation shall comply with the order for formulation of the annual programs.

2. In cases where the program-managing agencies are detected to have committed errors in materializing the programs' objectives, contents and/or schedules or it deems that the programs' contents need to be changed, the Ministry of Trade shall request the Prime Minister to terminate or adjust the programs.

Article 12. Reports on the program implementation

1. The program-managing agencies shall have to send written reports on the implementation of the programs and evaluation of their efficiency and on their suggestions (if any) to the Ministry of Trade and the Ministry of Finance no later than November 30 every year and 15 days after the programs are completed.

2. The Ministry of Trade shall assign the Trade Promotion Department to monitor, synthesize and submit the programs to the Ministry's leaders for reporting to the Prime Minister.

Article 13. Final settlement of the programs

1. The program-managing agencies shall have to make final settlement with the finance bodies and enterprises participating in the programs under the guidance in the Ministry of Finance's Circular No. 86/2002/TT-BTC dated September 27, 2002.

2. The program-managing agencies shall have to send final settlement reports to the Ministry of Trade within 15 days after the date of completing the final settlement with the Ministry of Finance.

Chapter IV

HANDLING OF VIOLATIONS AND IMPLEMENTATION PROVISIONS

Article 14. Handling of violations

Organizations and individuals that commit acts of violating this Regulation shall, depending on the seriousness thereof, be handled according to Vietnam's law provisions.

Article 15. Implementation provisions

This Regulation takes effect 15 days after its signing and applies to the programs up to the end of 2005.