Guiding provision of assistance for SMEs in Vietnam

1. What are regulations on guiding provision of assistance for SMEs in Vietnam?

According to Article 3 of Circular 06/2022/TT-BKHDT (effective from June 25, 2022) guiding provision of assistance for SMEs is prescribed as follows:

1. Agencies and organizations providing assistance for SMEs shall prioritize funding for SMEs owned by women, SMEs employing a lot of female workers, and SMEs that are social enterprises.

2. Agencies and organizations providing assistance for SMEs shall rely on Article 5 of Decree No. 80/2021/ND-CP to choose criteria for identifying micro, small, and medium enterprises in order to provide the most beneficial assistance for SMEs.

3. Agencies and organizations providing assistance SMEs shall identify scale of SMEs, SMEs owned by women, SMEs employing a lot of female employees based on declaration under Appendix 1 of Decree No. 80/2021/ND-CP. If information declared by SMEs needs to be cross-checked, agencies and organizations providing assistance for SMEs shall rely on the following documents:

a) In order to verify scale of SMEs:

- Balance sheet and income statement in financial statement.

- List of employees employed by SMEs together with respective proof of social insurance payment. In case of employees who have their social insurance paid by other entities, SMEs shall issue written confirmation regarding these employees’ social insurance payment.

b) In order to verify that SMEs employ a lot of female employees: SMEs satisfy Point a Clause 3 of this Article and have percentage of female employees satisfying Clause 8 Article 3 of Decree No. 80/2021/ND-CP.

c) In order to verify that SMEs are owned by women: Agencies and organizations providing assistance for SMEs shall look in capital contribution percentage of female enterprise managers on National Business Registration Portal or shareholder register in case of joint stock company.

4. SMEs may propose multiple types of assistance in the same application for assistance. SMEs are only allowed to submit application for one type of assistance to one agency or organization providing assistance for SMEs at any given time.

5. SMEs are not limited in terms of number of assistance instances or number of assistance contracts for types of assistance calculated by million VND/year/enterprise or million VND/year as long as maximum assistance percentage, quota under Decree No. 80/2021/ND-CP.

6. Agencies, organizations providing assistance for SMEs shall disclose SME assistance information as follows:

a) Register accounts on National information portal for SME assistance (hereinafter referred to as “Web portal”) at https://business.gov.vn and declare information in accordance with Point d Clause 5 Article 28 and Clause 6 Article 29 of Decree No. 80/2021/ND-CP.

b) Disclose information under Point a of this Clause and detail information on focal point, methods of receiving and resolving assistance request of SMEs on website of their agencies, entities; lists of SME assistance products and services provided by their entities; database on SMEs provided with assistance and relevant details.

7. Documents relating to request of SME assistance under Point b Clause 4 Article 32 of Decree No. 80/2021/ND-CP submitted to agencies, organizations providing assistance for SMEs that are uncertified copies of original copies. If necessary, agencies, organizations providing assistance for SMEs shall request SMEs to provide original copies for cross-checking.

8. Forms, schedules attached hereto, and application for assistance submitted by SMEs to authorities can be in physical form (in person submission) or electronic form (online submission) and be accompanied by original copies for cross-checking at request. Electronic documents shall be stored in accordance with regulations and law on storage and presented when necessary.

9. SMEs shall only receive counseling mentioned under Decree No. 80/2021/ND-CP and this Circular when they use counselors within counselor network.

2. What are activities eligible for SMEs assistance from state budget in Vietnam?

According to Article 4 of Circular 06/2022/TT-BKHDT, activities eligible for SMEs assistance from state budget include:

Agencies, organizations providing assistance for SME shall identify activities eligible for assistance from state budget under Clause 3 Article 32 of Decree No. 80/2021/ND-CP as follows:

1. Regarding counseling assistance: fee for counseling SMEs; field survey, meeting participation, and work trips of counselors; interpretation for foreign counselors; management activities of counseling organizations (if organizations act as counselors).

2. Regarding types of assistance under Clause 5 Article 2; Points c and dd Clause 6 of Article 22; Clause 1 Article 25; Point d Clause 3 Article 25 of Decree No. 80/2021/ND-CP: conform to Article 15 and Article 18 hereof.

3. Regarding types of assistance under Clause 2 Article 11; Clause 1 Article 22; Points b and c Clause 3 Article 22; Points b and c Clause 4 Article 25; Clause 5 Article 25 of Decree No. 80/2021/ND-CP: conform to field-specific legislative documents guiding technical, economic standards and norms. If the aforementioned regulations are not available, rely on work items specified under quotation of suppliers on the market to ensure legitimacy, adequacy, effectiveness, and fulfillment of SMEs’ demands.

Best Regards!