From June 25, 2022, foreigners will be able to join the network of consultants to support small and medium enterprises in Vietnam?
Can foreigners join the network of consultants to support small and medium enterprises in Vietnam?
Pursuant to Article 8 of Circular 06/2022/TT-BKHDT stipulating as follows:
“Article 8. Consultants
1. Consultants specified at Point a, Clause 1, Article 13 of Decree No. 80/2021/ND-CP include:
a) Individual consultants are Vietnamese citizens (excluding cadres and civil servants as prescribed in the Law on Cadres and Civil servants) and foreigners working in Vietnam.
b) Consulting organizations are organizations with legal status, established and operating in accordance with Vietnamese law, with the function of consulting for businesses.
2. Register to join the network of consultants:
a) The consulting individual or organization shall send the application for registration to join the network to the appropriate ministry or ministerial-level agency for recognition. Documents in foreign languages must be sent with certified Vietnamese translations.
b) Consultants access the Portal, register and have an account granted by the Ministry of Planning and Investment to update information into the consultant network database. The consultant is fully responsible before the law for the accuracy of the information published on the Portal.
3. Update consultant information:
a) When new information and documents related to competence and experience arise, the consultant shall update the consultant's profile on the Portal; and at the same time send it to the ministry or ministerial-level agency to add to the recognized consultant's dossier.
b) In case of detecting errors in the information provided without changing the consultant's capacity in terms of training, professional qualifications and consulting experience, the consultant shall update the consultant's qualifications. on the Portal; at the same time send a notice to the ministry or ministerial-level agency where it is recognized for review and correction.
4. Consultants are free to participate in training courses to standardize consulting skills, processes and knowledge organized by ministries and ministerial-level agencies according to the provisions of Clause 3, Article 10 of this Circular.”
Accordingly, consultants supporting small and medium-sized enterprises shall comply with the above provisions.
From June 25, 2022, foreigners will be able to join the network of consultants to support small and medium enterprises in Vietnam?
How is network management of consultants done?
Pursuant to Article 9 of Circular 06/2022/TT-BKHDT stipulates as follows:
“Article 9. Network of consultants
1. Forming a network of consultants
a) Based on the sector or field in charge, the ministries and ministerial-level agencies shall issue one or several decisions (under the form in Appendix 2 to this Circular) on regulations on the field of consultancy and criteria for recognition of private investment. Counselors, cases of being removed from the network of consultants when violating the law or in cases of being removed from the network of consultants according to regulations of ministries and ministerial-level agencies.
Criteria for recognition of consultants need to specify training qualifications, professional qualifications, working experience and conditions as prescribed by specialized laws and regulations of management agencies.
b) Ministries and ministerial-level agencies shall recognize or authorize one or a number of affiliated units (hereinafter referred to as consultant accrediting units) to recognize consultants participating in the network and review of counselors being removed from the network.
- Activities to recognize consultants participating in the network include: reviewing registration documents to join the network; contact and guide the consultant to complete the profile; recognition of network consultants; guide consultants to register for an account and update information in the consultant database on the Portal; confirm for the consultant to be published on the Portal.
- Activities to remove consultants from the network include: reviewing the network's consultant records; contacting and notifying counselors of their removal from the network; make a list of counselors who have been removed from the network; withdraw the consultant profile on the Portal.
c) The consultant accrediting unit shall publicize the consulting field, the criteria for recognizing the consultant to the network, and the list of consultants in the network, the list of consultants taken out of the network at the website. electronic information of ministries, ministerial-level agencies or at the website of the unit accrediting consultants.
d) The consultant accreditation unit registers and is granted one or several accounts on the Portal by the Ministry of Planning and Investment to directly perform the activities specified at Point b, Clause 1 of this Article.
2. Management, operation and maintenance of the network of consultants
a) Procurement and development of consultant network management software; procurement, upgrade and maintenance of hardware infrastructure, transmission line services, servers and other related services to host and operate the network of consultants; build, maintain and update consultant network data.
b) Organizing conferences, seminars, summarizing and evaluating the formation, management, operation and maintenance of a network of consultants.
c) Activities to recognize and remove consultants from the network of consultants specified at Point b, Clause 1 of this Article. The maximum cost for carrying out the activities of recognizing consultants or taking them out of the network of consultants is not more than 300,000 VND/consultant and shall be paid in the form of a contract to the consultant accrediting unit.
3. Fostering, training and developing a network of consultants
a) The consultant accrediting unit directly conducts or coordinates with the supplier to organize training courses to standardize skills, processes and knowledge for consultants in its network.
b) Content of training course for consultants:
Thus, the management, maintenance and operation of the network of consultants are carried out in accordance with the above regulations.
Free access to information for small and medium businesses?
According to Article 12 of Decree 80/2021/ND-CP stipulates as follows:
“Article 12. Information support for small and medium enterprises
1. Small and medium-sized enterprises are entitled to free access to the information specified in Clause 1, Article 14 of the Law on Supporting Small and Medium-sized Enterprises on the portals and websites of ministries, ministerial-level agencies and agencies. Government agencies and provincial People's Committees.
2. Ministries, ministerial-level agencies, government-attached agencies, and provincial-level People's Committees may be granted accounts on the Portal to provide the information specified in Clause 1, Article 14 of the Law on Support for Small and Medium-sized Enterprises. ; publicize, monitor and update information to support small and medium-sized enterprises as prescribed in Article 29 of the Law on Support of Small and Medium Enterprises. Agencies and organizations supporting small and medium-sized enterprises, other businesses, organizations and individuals wishing to provide information, interact and connect with partners participating on the Portal can apply for a grant. account. Accounts used on the Portal are managed centrally on the Portal.
3. The portal is built, maintained, operated and connected by the Ministry of Planning and Investment with the websites of ministries, ministerial-level agencies, Governmental agencies, and provincial-level People's Committees. to provide information specified in Clause 1, Article 14 of the Law on Support for Small and Medium-sized Enterprises and other information for enterprises, organizations and individuals that have search needs.
4. Funds for construction of information and software infrastructure for the operation of the Portal and database to support small and medium-sized enterprises shall be allocated from public investment capital in accordance with the law on public investment and other lawful capital sources (if any).
Funds for upgrading, maintaining, managing and operating the Portal and collecting and updating information into the database to support small and medium-sized enterprises shall be arranged from regular funding sources as prescribed by law. law on state budget and other lawful sources (if any).”
Thus, providing information support for small and medium-sized enterprises in Vietnam according to the above-mentioned regulations.
Circular 06/2022/TT-BKHDT takes effect from June 25, 2022.
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