Criteria for identifying cluster clusters and selecting small and medium enterprises in VIetnam to join industry clusters for support?

The advisory board asked me: My company is a small and medium-sized enterprise. In case my company and another company in the same industry cluster buy input materials from the same supplier, will they be considered for support?

Criteria for identifying cluster clusters and selecting small and medium enterprises in Vietnam to join industry clusters for support according to current regulations?

Pursuant to Clause 1, Article 23 of Decree 80/2021/ND-CP stipulates as follows:

“Article 23. Criteria for identification of clusters and selection of small and medium-sized enterprises to participate in clusters to support
1. An industry cluster is determined when the following criteria are simultaneously satisfied:
a) There 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 other;
b) There are at least 10 enterprises cooperating and competing within a defined administrative boundary;
c) Participation of business support organizations (research institutes, universities, colleges, associations and other related organizations).
2. Small and medium-sized enterprises participating in industrial clusters may be selected for support when meeting one of the following criteria:
a) Having a joint purchase contract for input materials;
b) There is a contract for the general sale of products;
c) There are purchase and sale contracts, cooperation and association between enterprises in the cluster;
d) Build and use the brand together.”

Thus, the criteria for determining the cluster of industry links are made according to the above regulations.

Criteria for identifying cluster clusters and selecting small and medium enterprises in VIetnam to join industry clusters for support?


Criteria for identifying cluster clusters and selecting small and medium enterprises in Vietnam to join industry clusters for support?

What are the forms of association between small and medium enterprises and other enterprises in VIetnam in the cluster?

According to Article 16 of Circular 06/2022/TT-BKHDT guiding the forms of association between small and medium-sized enterprises and other enterprises in the cluster cluster as follows:

“Article 16. Selection of small and medium enterprises in industrial clusters in the field of production and processing”
1. Forms of association between SMEs and other enterprises in an industry cluster specified in Clause 2, Article 23 of Decree No. 80/2021/ND-CP include:
a) Linkage in the form of a contract to purchase input materials: The SME and at least one other enterprise in the cluster have a contract to purchase input materials from one supplier.
b) Linkage in the form of a contract to sell common products: The SME and at least one other enterprise in the cluster have a contract to sell products to one purchasing party.
c) Association in the form of purchase, sale or association cooperation contract is one of the following cases:
- The SME has a product purchase and sale contract with at least one other enterprise in the cluster;
- The SME has an association cooperation contract with at least one other enterprise in the cluster.
d) Association in the form of jointly building and using the brand name in one of the following cases:
- The SME together with at least one other enterprise in the cluster is using a recognized collective mark or certification mark or geographical indication in accordance with the law on intellectual property;
- The SME together with at least one other enterprise in the industrial cluster that is producing products and goods (excluding community-based tourism services and tourist attractions) has been recognized as having three or more stars in the category of products and services. National Program One Commune One Product (OCOP).

Basis to choose small and medium enterprises in Vienam in cluster cluster to support?

According to Clause 2, Article 16 of Circular 06/2022/TT-BKHDT, the instructions are as follows:

“Article 16. Selection of small and medium enterprises in industrial clusters in the field of production and processing”
2. Agencies and organizations supporting SMEs to select SMEs in the industry association cluster specified in Clause 1 of this Article for support shall be based on the following documents:
a) For the form of association specified at Point a, Clause 1 of this Article: at least 01 contract to purchase input materials from the SME with the supplier and the supplier's confirmation (or contract) of the supplying input materials to other enterprises in the cluster.
b) For the form of association specified at Point b, Clause 1 of this Article: at least 01 product sale contract signed by the SME with the purchasing party and a confirmation (or contract) of the purchasing party showing that purchase products from at least one other enterprise in the cluster.
c) For the form of association specified at Point c, Clause 1 of this Article: at least 01 contract of purchase and sale of products or cooperation between SMEs and another enterprise in the cluster.
d) For the form of association specified at point d, clause 1 of this Article: collective mark or certification mark or geographical indication or trademark of OCOP products that SMEs are using.
dd) In addition to the cases specified at Points a, b, c, d, Clause 2 of this Article, the agency or organization supporting SMEs shall coordinate with the supplier or the purchasing party to determine the list of SMEs that are purchasing raw materials. input materials or selling products and services; on that basis, select suitable SMEs to support.”

Accordingly, agencies and organizations will base themselves on the documents mentioned above to select small and medium enterprises in the cluster for support.

Circular 06/2022/TT-BKHDT takes effect from June 25, 2022.

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