What are the assistance procedures for small and medium-sized enterprises in sustainable business in Vietnam according to Circular 13/2023/TT-BKHDT?
What are the assistance procedures for small and medium-sized enterprises in sustainable business in Vietnam according to Circular 13/2023/TT-BKHDT?
Pursuant to the provisions of Clause 2, Article 12, Circular 13/2023/TT-BKHDT has the following content:
Guidance on implementing support for sustainable businesses
...
2. For small and medium-sized enterprises with sustainable business: support the contents specified in Clauses 1, 2, 3 and 4, Article 13 and Clauses 1 and 2, Article 14 of this Circular. Assistance procedures comply with the provisions of Article 32 of Decree No. 80/2021/ND-CP, Article 3 of Circular No. 06/2022/TT-BKHDT.
Thus, supporting small and medium-sized enterprises to operate sustainably is carried out according to the procedures in Article 32 of Decree 80/2021/ND-CP, specifically:
- SMEs shall receive assistance via assisting organizations. Each SME shall submit an application for assistance specified in Clause 4 of Article 32 of Decree 80/2021/ND-CP, whether directly or online, to the assisting organization.
- For assistance in the form of information, development of human resources, assistance for SMEs converted from household businesses: Assisting organizations shall adhere to the plan and allocated state budget funding.
- For assistance in the form of counseling, technology, assistance for startups, SMEs participating in industry clusters or value chains:
+ Within 14 working days from the receipt of the application, the assisting organization shall send the applying enterprise a physical or electronic response. If the enterprise is not eligible, the assisting organization shall send a notification of rejection. If the enterprise is eligible but the application is not satisfactory the assisting organization shall instruct the enterprise to complete the application. If the enterprise is eligible and the application is satisfactory, the assisting organization shall notify the enterprise of its eligibility for assistance, specify assistance contents, funding from state budget and funding from other sources (if any).
+ In case the assisting organization is capable of directly providing products or services as assistance for the SME:
After receiving the notification of assistance, the assisting organization and the SME shall enter into a contract which specify the funding from state budget, the costs covered by the SME, other costs (if any) and payment clauses. On the basis of the result of contract execution, both parties shall settle the costs of the contract as per regulations.
+ In case the assisting organization cooperates with another organization that is capable of directly providing products or services as assistance for the SME (hereinafter referred to as “supplier”):
After receiving the notification of assistance, the assisting organization, the supplier and the SME shall enter into a contract which specify the funding from state budget, the costs covered by the SME, other costs (if any) and payment clauses. On the basis of the result of contract execution, the three parties shall settle the costs of the contract as per regulations.
+ The use, provision, statement of state budget funding in the cases specified in Point b and Point c of Clause 3, Article 32 of Decree 80/2021/ND-CP shall comply with regulations of law on state budget and their guiding documents.
- An application for assistance shall contain:
+ The application form provided in the Appendix of Decree 80/2021/ND-CP;
+ Documents relevant to the requested assistance (if any).
- An application for provision of state budget funding shall contain:
+ The notification of provision of assistance for the SME;
+ The contract, contract finalization record (if any) between the SME and the assisting organization;
+ Relevant invoices and financial documents.
What are the assistance procedures for small and medium-sized enterprises in sustainable business in Vietnam according to Circular 13/2023/TT-BKHDT?
Vietnam: How many sustainable business models are there according to current regulations?
According to the regulations in Clause 1 of Article 2 of Circular 13/2023/TT-BKHDT, there are 03 sustainable business models as follows:
(1) Circular economy business model.
(2) Comprehensive business model.
(3) Sustainable development business model based on environmental, social, and governance (ESG) framework.
Vietnam: What is a sustainable small and medium enterprise?
Based on the provisions in Clause 3, Article 2 of Circular 13/2023/TT-BKHDT, it can be understood:
SMEs engaged in sustainable business or SMEs in the private sector engaged in sustainable business are enterprises that operate sustainably according to the regulations in Clause 2 of Article 2 of Circular 13/2023/TT-BKHDT and meet the criteria for defining SMEs as stipulated in Article 5 of Decree 80/2021/ND-CP and Clause 3 of Article 3 of Circular 06/2022/TT-BKHDT.
Circular 13/2023/TT-BKHDT comes into force from January 27, 2024.
LawNet
