Guidance on implementation of legal assistance programs for SMEs in Vietnam

The implementation of legal assistance programs for SMEs is guided in Article 13 of Decree No. 55/2019/ND-CP of Vietnam’s Government as follows:

- After a legal assistance program for SMEs has been approved by a regulatory authority, the relevant ministry, ministerial agency or provincial People’s Committee shall organize the implementation of the approved program within the ambit of its assigned functions and duties or assign providers of legal assistance for SMEs to implement that approved program. The authority in charge of implementing the legal assistance program for SMEs shall develop and publish the plan for implementation thereof on its website and the legal assistance website for SMEs of the Ministry of Justice.

- Selection, conclusion of contract, evaluation of implementation results and termination of contract signed with the qualified provider of legal assistance for SMEs for implementing the approved legal assistance program for SMEs shall comply with the Law on bidding and relevant laws.

- Based on the contents and resources of the legal assistance program for SMEs as well as demands for legal assistance of participating SMEs, the representative organization of SMEs can suggest a legal assistance program for SMEs that will take charge and contain contents prescribed in Clause 1 Article 13 of this Decree. To be specific:

+ Based on the contents and resources of the legal assistance program for SMEs, the relevant ministry, ministerial agency or provincial People’s Committee shall provide funding which is derived from the funding for implementing the legal assistance program for SMEs prescribed in Clause 1 Article 13 of this Decree and shall not exceed 50% of the funding for implementing the legal assistance program for SMEs suggested by the representative organization of SMEs. The remaining funding shall be covered by the representative organization of SMEs or the funding from private sector involvement, other authorities, organizations and SMEs;

+ Selection, conclusion of contract, evaluation of implementation results and termination of contract signed with the representative organization of SMEs for implementing the legal assistance program for SMEs as prescribed in this Clause shall comply with the Law on bidding and relevant laws.

View full text at Decree No. 55/2019/ND-CP of Vietnam’s Government, effective from August 16, 2019.

Thu Ba

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