Guidelines for Applying Legal Documents on Supporting Small and Medium Enterprises in 2022
Guidance on Implementing Legal Documents for Supporting Small and Medium Enterprises in 2022
Recently, the Ministry of Planning and Investment issued Official Dispatch 6318/BKHDT-PTDN 2022 on the guidance for implementing legal documents for supporting small and medium enterprises (SMEs) as follows:
Regarding the support activities for training human resources for SMEs in 2022:
+ Based on Clause 1, Article 11 of the Law on Promulgation of Legal Documents 2015, Point b, Clause 2, Article 25 of Decree No. 39/2018/ND-CP dated March 11, 2018, by the Government of Vietnam guiding the Law on SME Support and Decree No. 87/2017/ND-CP dated July 26, 2017, by the Government of Vietnam stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance, Circular No. 49/2019/TT-BTC is the document for performing the tasks and powers assigned in the management of the state budget, not the document detailing Decree No. 39/2018/ND-CP. Therefore, when Decree No. 39/2018/ND-CP expires, Circular No. 49/2019/TT-BTC does not simultaneously expire.
Based on this, units implementing training support activities for SMEs can apply the support norms stipulated in Decree 80/2021/ND-CP and the expenditure procedures as per Circular 49/2019/TT-BTC of the Ministry of Finance.
Thus, the use of the state budget to support the development of human resources for small and medium-sized enterprises is implemented according to the provisions of Circular 49/2019/TT-BTC.
Guidance on Implementing Legal Documents for Supporting Small and Medium Enterprises in 2022
Where does the funding for policies supporting the development of human resources for small and medium enterprises come from?
According to the provisions in Article 3, Circular 49/2019/TT-BTC on the sources of funding for supporting the development of human resources for small and medium enterprises as follows:
Source of Funding for Implementation
The funding for policies supporting the development of human resources for SMEs includes partial support from the state budget (central budget, local budgets), contributions and support from enterprises, organizations, individuals, and other legal sources of funding.
1. State budget sources:
a) Central budget: Allocated in the annual regular expenditure estimates of ministries and central agencies; or supported for associations with nationwide or inter-provincial activities to perform the task of supporting the development of human resources for SMEs.
b) Local budgets: Allocated in the annual regular expenditure estimates of localities to perform the task of supporting the development of human resources for SMEs in localities.
2. SMEs and individuals participating in training contribute a portion of the funding.
3. Agencies and units mobilize other financial sources (besides the state budget) from enterprises, organizations, individuals domestically and internationally, and international organizations under the law to perform the task of supporting the development of human resources for SMEs.
Thus, the main source of funding for supporting the development of human resources for small and medium enterprises is from the state budget.
How are small and medium enterprises supported in human resource development?
According to the provisions of Article 14 of Decree 80/2021/ND-CP on supporting the development of human resources in SMEs as follows:
Support for Developing Human Resources for Small and Medium Enterprises
1. Direct training support for business start-up and enterprise management
a) Support 100% of the total cost of a business start-up training course and up to 70% of the total cost of an enterprise management training course for small and medium enterprises;
b) Exempt tuition fees for learners from SMEs in areas with special socio-economic difficulties, SMEs led by women, SMEs employing many female workers, and SMEs as social enterprises when participating in enterprise management training courses.
2. Online training support for business start-up and enterprise management
a) Free access and participation in available online lectures on the online training system of the Ministry of Planning and Investment and the provincial People’s Committee. SMEs can access the online training system to study at their convenience. The online training system includes an online training management platform, an online training platform, and an online lecture content system.
The funding for the Ministry of Planning and Investment, and the provincial People’s Committee to build, maintain, and upgrade the online training system; survey the demand for online training, communication, and promotion of the online training system for SMEs is summarized in the annual SME support budget of the Ministry of Planning and Investment, the provincial People’s Committee, and other legal funding sources (if any).
b) Free participation in online training courses, directly interacting with SMEs through available online teaching tools applied on the electronic smart devices of the training participants (Zoom Cloud Meeting, Microsoft Teams, Google Classroom, and other tools).
3. On-site training support at small and medium-sized enterprises in the field of production and processing
a) Support up to 70% of the total cost of an on-site training course at small and medium-sized enterprises but not more than one course per year per enterprise;
b) Support 100% of the total cost of an on-site training course at small and medium-sized enterprises led by women, small and medium-sized enterprises employing many female workers, and small and medium-sized social enterprises but not more than one course per year per enterprise.
4. Vocational training support
Support training costs for the employees of small and medium enterprises when participating in primary-level vocational training courses or training programs of up to 3 months. The remaining costs will be negotiated between the small and medium enterprises and the employees. Employees participating in training courses must meet the condition of having worked in the small and medium enterprise for at least 6 consecutive months before participating in the training course.
At the same time, Official Dispatch 6318/BKHDT-PTDN 2022 also guides the application of regulations on other support activities for small and medium enterprises as follows:
Regarding other support activities for SMEs and management activities: The support activities for SMEs regarding technology, consultancy, support for innovative startups, support for SMEs participating in industry clusters, value chains, and management costs will be implemented after the Ministry of Finance's circular guiding the mechanism of using the state budget's regular expenditure to support SMEs is issued.
LawNet
