What are interests and obligations of consultants and consultancies within network of consultants and consultancies assissting small and medium-sized enterprised in Vietnam?

Interests of consultants and consultancies within network of consultants and consultancies assissting small and medium-sized enterprised in agriculture and rural development sector in Vietnam

Pursuant to Subsection III.1, Section C of the Appendix on criteria for recognition of consultants and consultancies within network of consultants and consultancies assisting small and medium-sized enterprises in agriculture and rural development sector issued together with the Decision 58/QD-BNN-QLND in 2022 stipulating interests of consultants and consultancies within network of consultants and consultancies assissting small and medium-sized enterprised in agriculture and rural development sector in Vietnam as follows: 

a) Be given priority to join refresher training and short-term training courses to develop their competence and skills in consulting in agriculture and rural development sector according to the assistance programs funded by state budget.

b) Be given priority to provide and participate in providing assistance to SMEs according to the assistance programs funded by state budget.

c) Provide consulting services and participating in providing consulting services in agriculture and rural development sector as specified in this Decision; conduct negotiations and sign memorandum of agreement on provision of consulting services, consulting contracts; collect consulting fees under consulting contracts as specified in the Decree No. 80/2021/ND-CP; cancel or unilaterally terminate a consulting contract and claim compensation for damage if the SME using consulting services breaches the contract; request SMEs using consulting services to provide information and documents necessary for executing consulting contracts.

d) Exercise other rights as prescribed by law.

Obligations of consultants and consultancies within network of consultants and consultancies assissting small and medium-sized enterprised in agriculture and rural development sector in Vietnam

Pursuant to Subsection III.2, Section C of the Appendix on criteria for recognition of consultants and consultancies within network of consultants and consultancies assisting small and medium-sized enterprises in agriculture and rural development sector issued together with the Decision 58/QD-BNN-QLND in 2022 stipulating obligations of consultants and consultancies within network of consultants and consultancies assissting small and medium-sized enterprised in agriculture and rural development sector in Vietnam as follows: 

a) Obligations and responsibilities prescribed by applicable regulations of law on provision of consulting services and execution of consulting services and regulations in Article 27 of the Law on Provision of Assistance for Small and Medium-Sized Enterprises.

b) Every 06 months, update information about competence, experience and completed consulting contracts on the website of the Ministry of Agriculture and Rural Development and national SMEs website portal.

c) Comply with regulations of law on provision of consulting services, do not provide consulting services for personal gain and do not provide consulting services to enterprises which commit acts against the law.

d) Fully fulfill the obligations specified in consulting contracts; enable SMEs using consulting services to file applications for protection of their intellectual property rights for the results obtained from the consulting service unless otherwise specified in the consulting contracts; provide compensation to SMEs using consulting services in the case of breach of the consulting contracts.

dd) Fully discharge financial obligations as prescribed by law.

e) Discharge other obligations as prescribed by law.

Responsibilities of consultants and consultancies within network of consultants and consultancies assissting small and medium-sized enterprised in agriculture and rural development sector in Vietnam

Pursuant to Subsection III.3, Section C of the Appendix on criteria for recognition of consultants and consultancies within network of consultants and consultancies assisting small and medium-sized enterprises in agriculture and rural development sector issued together with the Decision 58/QD-BNN-QLND in 2022 stipulating responsibilities of consultants and consultancies within network of consultants and consultancies assissting small and medium-sized enterprised in agriculture and rural development sector in Vietnam as follows: 

For a consultant or consultancy that violates the law or provides consulting services to an SME that violates the law, thereby resulting in the consultant or consultancy or both incurring criminal liability, such consultant or consultancy are not permitted to apply for participation in the consultant network within 36 months from the expiry of the period of imposing criminal liability.

Best regards!