What is period for implementing a legal assistance program for SMEs in Vietnam?

1. What is period for implementing a legal assistance program for SMEs in Vietnam?

In Article 11 of Decree 55/2019/ND-CP, period for implementing a legal assistance program for SMEs is as follows:

1. The maximum duration of a legal assistance program for SMEs is 05 years from the date on which it is approved.

2. The authority or organization in charge of the legal assistance program for SMEs shall make a consolidated report on the program implementation for using as a basis for establishing or suggesting another legal assistance program for SMEs based on SMEs’ demands and its available resources.

Thus, according to the above provisions, the legal assistance program for SMEs in Vietnam has a maximum duration of 5 years from the date of approval in Vietnam. Your sole proprietorship will be legally supported by the state for 5 years.

2. What are rules for provision of legal assistance for SMEs in Vietnam?

According to Article 4 of Decree 55/2019/ND-CP stipulating rules for provision of legal assistance for SMEs as follows:

1. Legal assistance shall be provided for SMEs with certain focuses within a limited period of time and conformable with legal assistance objectives and the capability of balancing resources; the provision of legal assistance for SMEs must ensure publicity, transparency and effectiveness, and avoid overlapping.

2. Legal assistance shall be provided for SMEs through the cooperation between regulatory authorities, representative organizations of SMEs, providers of legal assistance for SMEs and other relevant authorities, organizations and individuals.

3. The provision of legal assistance for SMEs through legal assistance service providers shall be given priority.

4. Authorities and organizations providing legal assistance for SMEs shall, based on their resources and assistance programs, decide the provision of legal assistance in the following order of priority:

a) Women-owned SMEs and SMEs using more women employees will be provided with legal assistance first if their applications for legal assistance are satisfactory;

b) SMEs in which 30% or more of their employees are the disabled as defined in the Disability Law;

c) SMEs that submit applications for legal assistance first shall be provided with legal assistance first if their applications are satisfactory.

5. The State encourages and adopts policies for assistance and facilitation of regulatory authorities, organizations, enterprises and individuals in provision of legal assistance for SMEs, and mobilizes private sector involvement in provision of legal assistance for SMEs.

Above are rules for provision of legal assistance for SMEs in Vietnam.

3. What do contents of a legal assistance program for SMEs in Vietnam comprise? 

Pursuant to Clause 2, Article 10 of Decree 55/2019/ND-CP stipulating contents of a legal assistance program for SMEs in Vietnam include:

2. Contents of a legal assistance program for SMEs include:

a) Provision of information, including information relating to domestic law, foreign laws, international laws, legal risk warnings and the relevant ministry or provincial government’s policies for SMEs(if any);

b) Improvement of legal knowledge, including legal knowledge improvement programs for SMEs, those for persons providing legal advice for SMEs, and those for the legal consultant network;

c) Provision of legal advice, including talks, response to legal questions of SMEs and other legal consulting activities which must be conformable with law and suitable for demands of SMEs and resources available as prescribed in Point c Clause 1 of this Article.

Therefore, contents of a legal assistance program for SMEs in Vietnam include 03 activities mentioned above.

Best Regards!