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Comparing Decree 80/2021/ND-CP and Small and medium enterprises play a huge role in the economic growth of many countries or regions, both in Decree 39/2018 on supporting small and medium enterprises

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Small and medium enterprises play a huge role in the economic growth of many countries or regions, both in developed and developing countries. Small and medium-sized enterprises operating in all fields of the national economy from industrial production, construction, trade, and services... meet the increasingly diverse and abundant needs of consumers. Small and medium enterprises are a large part of the system of economic organizations in Vietnam. Recently, the Government has issued Decree 80/2021/ND-CP to replace Decree 39/2018/ND-CP on supporting small and medium enterprises.

 

Decree 80/2021/ND-CP

Decree 39/2018/ND-CP

1. Add some new concepts

Article 3:

Some new concepts added:

- Network of consultants;

- Small and medium enterprises employing many female workers;

- Direct training for small and medium enterprises;

- Online training for small and medium enterprises;

- The leading enterprise in the chain.

Previously not regulated
2. Policies to support women-owned businesses

Articles 13 and 14:

Having a separate policy to support the use of consulting services on human resources, finance, production, sales, markets, internal management and othim contents related to production and business activities of enterprises. small and medium enterprises owned by women.

Previously not regulated
3. Determining the field of operation of small and medium enterprises

Article 6:

The field of operation of a small and medium-sized enterprise is determined based on the main business lines that the enterprise has registered with the business registration agency.

Article 7:

The field of operation of small and medium-sized enterprises is determined based on the provisions of the law on the system of economic sectors and the provisions of specialized laws.

4. Technology support for small and medium enterprises
Supplement regulations on technology support for small and medium-sized enterprises in Article 11. Previously not regulated
5. Dossier to request consulting support from the network of consultants

Previously not regulated

Clause 2, Article 13 stipulates that small and medium-sized enterprises shall submit dossiers of request for consultancy support at agencies or organizations supporting small and medium-sized enterprises. The consulting dossier is a condition for the small and medium-sized enterprise support agency to consider providing consulting support services to small and medium-sized enterprises.
6. Content of consulting support for small and medium enterprises

Clause 2, Article 13 provides:

- Micro enterprises: 100% of the consulting contract value is supported, but not exceeding VND 50 million/year/enterprise;

- Micro enterprises; micro enterprises employing many female workers; micro enterprises that are social enterprises: 100% of the consulting contract value but not more than 70 million VND/year/enterprise;

- Small businesses: Support up to 50% of the consulting contract value but not more than 100 million VND/year/enterprise;

- Small enterprises owned by women, small enterprises employing many female employees and small enterprises being social enterprises: Supported up to 50% of the consulting contract value but not exceeding 150 million VND/year /enterprise;

- Medium enterprises: Support up to 30% of the consulting contract value but not more than 150 million VND/year/enterprise;

- Enterprises owned by women, enterprises that employ a lot of female workers, and enterprises and social enterprises: Support up to 50% of the consulting contract value but not more than 200 million VND/year /enterprise.

Clause 3, Article 13 stipulates a lower level of support:

- Micro enterprises are supported 100% of the consulting contract value, but not exceeding 03 million VND/year;

- Small businesses are entitled to a maximum reduction of 30% of the consulting contract value, but not more than 05 million VND/year;

- A medium-sized enterprise is entitled to a maximum reduction of 10% of the consulting contract value, but not more than VND 10 million/year;

- Small and medium-sized enterprises converted from business households, creative start-up small and medium-sized enterprises, small and medium-sized enterprises participating in industry clusters and value chains are exempted or reduced from consulting fees.

 

7. Support vocational training to develop human resources for small and medium enterprises
No conditions for employees participating in training

Clause 2, Article 14 stipulates that employees participating in the training course must meet the following conditions:

- Have worked in small and medium enterprises for at least 06 consecutive months;

- Not more than 50 years old for men, 45 years old for women.

8. Criteria to identify innovative start-up small and medium enterprises   

Article 20 stipulates criteria for identifying innovative start-up small and medium-sized enterprises Previously not regulated
9. Support for intellectual property consultancy, exploitation and development of intellectual property for creative start-up small and medium enterprises

Clause 2 Article 22:

- Consulting on procedures for establishment, transfer, exploitation and protection of intellectual property rights in the country: Support 100% of consulting contract value but not more than 30 million VND/contract/year/enterprise ;

- Consulting on building patent description, industrial design design, brand identity system design: Support 100% of consulting contract value but not more than 30 million VND/contract/ year/enterprise;

- Consulting on the management and development of products and services protected by intellectual property rights in the country: Support 100% of the consulting contract value but not more than 50 million VND/contract/year/business Karma;

- Consulting on establishing the transfer, exploitation and protection of intellectual property rights abroad: Support up to 50% of the contract value but not more than 50 million VND/contract/year/enterprise.

Clause 1, Article 21:

Thime is no limit to the value of the consulting support contract, specifically:

- Consulting on procedures for establishment, transfer and protection of intellectual property rights: 100% support of consulting contract value;

- Consulting on developing and implementing policies and strategies on intellectual property activities: 100% support of consulting contract value

- Consulting on design, registration for protection, exploitation and development of the value of trademarks, industrial designs and inventions: 100% support of consulting contract value

- Consulting on construction and development of intellectual property for geographical indications: Support 100% of consulting contract value.

10. Support for the use of technical facilities, incubators, and co-working spaces for innovative small and medium-sized enterprises

Clause 1 Article 22:

- Support 100% of the cost of using equipment at technical establishments, incubators, and co-working areas, but not exceeding 20 million VND/year/enterprise;

- Support up to 50% of the cost of renting space at incubators and co-working areas, but not more than 5 million VND/month/enterprise. The maximum support period is 03 years from the date the enterprise signs the space lease contract.

Clause 5, Article 21:- Support 100% of the cost of using equipment at technical facilities supporting small and medium-sized enterprises;- Support 50% of the fee for joining incubators, co-working areas for for innovative start-ups, but not exceeding 5 million VND/month/enterprise

11. Support in information, communication, trade promotion, connection of creative start-up network for small and medium-sized creative enterprises.

Point d Clause 6 Article 22:

Support cost of venue rental, design and staging of booths, transportation of displayed products, travel expenses, meals and accommodation expenses for representatives of enterprises participating in trade fairs and exhibitions but no more than 30 million VND/year/enterprise for domestic events and not more than 50 million VND/year/enterprise for overseas events;

Point c, Clause 4, Article 21 does not limit support costs, only stipulates: 100% support for booth costs at domestic and international trade promotion fairs; to be given priority to participate in the Trade Promotion Program funded by the state budget.
12. Criteria for identifying clusters of industry links and value chains

Clause 1 of Article 23 and Clause 1 of Article 24 separately prescribe criteria for determining clusters of industry linkages and value chains, as well as conditions for businesses to be selected for support.

Criteria for identifying cluster clusters: Concurrently meeting the criteria

- Thime are enterprises associated with production and business in the same industry or field or in related industries and fields, both competing and cooperating with each othim;

- Thime are at least 10 enterprises cooperating and competing within a defined administrative boundary;

- Participation of business support organizations (research institutes, universities, colleges, associations and othim related organizations).

Conditions for small and medium-sized enterprises participating in industry clusters to be selected for support: Meeting 1 of the following criteria:

- Having a joint purchase contract for input materials;

- Having a contract for the general sale of products;

- Having contracts for purchase, sale, cooperation and association between enterprises in the cluster;

- Build and use the brand togethim.

Criteria to define the value chain: Concurrently meeting the criteria

- Producing and distributing products to consumers;

- Thime are leading enterprises in the value chain;

- Thime are small and medium-sized enterprises that have the potential to supply products and services to leading enterprises in the chain.

Conditions for small and medium enterprises participating in the value chain to be selected for support: Meeting 1 of the following criteria:

- Being the leading enterprise in the value chain;

- Having purchase and sale contracts, cooperation and association with leading enterprises in the chain;

- Being assessed by the leading enterprise or the agency or organization supporting small and medium enterprises as having the potential to become a supplier for the leading enterprise.

Article 22 only stipulates general criteria for selection of clusters of industry associations and value chains in the field of production and processing to support small and medium enterprises to participate. Including:

- High contribution in the gross domestic product (GDP) of the country or region.

- Create jobs for workers.

- Create high added value.

- Thime is a large density of participating enterprises.

13. Training support for small and medium-sized enterprises participating in industry clusters and value chains

Clause 1, Article 25:

- Support up to 50% of training costs for enterprise trainees when participating in intensive training courses according to the development needs of the industry and value chain, but not exceeding VND 10 million/student/year and no more than VND 10 million per student per year. more than 03 students/enterprise/year.

 

Clause 1, Article 24:

- Support 50% of the cost for training courses to improve the level of technology, specialized production techniques in the field but not more than 30 million VND per training course for an enterprise and not more than 01 training course. created per year.

 

14. Support to improve production and business linkage capacity for small and medium enterprises participating in industry clusters and value chains

Clause 2 Article 25:

- Support 100% of the consulting contract value for comprehensive assessment of the capacity of small and medium-sized enterprises in industrial clusters and value chains, but not exceeding VND 30 million/contract/year/enterprise;

- Support 100% of the contract value for advanced technical improvement and upgrade consulting contracts for small and medium enterprises in order to improve production capacity, meet connection requirements, and become a supplier of investment enterprises. chain but not exceeding 100 million VND/contract/year/enterprise.

Clause 2 Article 24

- Support 100% of the consulting contract value on promoting linkages in industry clusters and value chains;

- Support 100% of the consulting contract value on building business association projects to promote market development and improve the value of products and goods.

15. Information support, brand development, connection and market expansion for small and medium-sized enterprises participating in industry clusters and value chains
Clause 3, Article 25 stipulates to support a number of new services such as: looking up information about events connected with leading enterprises, search process... Previously not specified.
16. Interest rate support for creative start-up small and medium-sized enterprises, small and medium-sized enterprises participating in industry clusters and value chains
Specified in detail in Section 4 Previously not specified.

 

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