Guidance on the procedures for providing financial assistance in using legal consulting services for SMEs in Vietnam

Currently, SMEs shall access the legal consultant network according to the sector managed by each ministry or ministerial agency via the list of legal consultants posted on the website of that ministry or ministerial agency.

Procedures for getting financial assistance in using legal consulting services shall be carried out as follows:

Step 1: After reaching an agreement on legal consulting service with a legal consultant selected from the legal consultant network, the SME shall, directly, electronically or by post, submit an application for financial assistance in using legal consulting service to the relevant ministry or ministerial agency. That application includes:

- The declaration of a micro-enterprise, small or medium-sized enterprise using the form provided in Decree No. 39/2018/ND-CP of Vietnam’s Government or its amending or superseding document;

- The photocopy of Certificate of enterprise registration;

- The agreement on legal consulting service entered into between the legal consultant and the SME, which specifies consulting contents and service fees.

Step 2: Within 10 business days from the receipt of a sufficient application, the relevant ministry or ministerial agency shall give a written response to approve or refuse the SME’s application for financial assistance in using legal consulting services according to the rules set forth in Article 4 and other provisions hereof. If an application is refused, reasons for refusal shall be given in writing.

If an application is approved, financial assistance in using legal consulting service shall be provided for as follows:

In case an application for financial assistance in using legal consulting service is approved by the relevant ministry or ministerial agency, the SME shall, after obtaining the written legal advice from the legal consultant, submit an application for reimbursement of consulting service fees. Such application includes:

- 01 complete copy of the document providing legal advice and 01 copy of the same that does not contain the SME’s business secrets;

- The application form for reimbursement of legal consulting service fees that contains certification of both the legal consultant and the SME using legal consulting service and the following contents: number and date of the written approval, beneficiary's name, account number and name of the beneficiary's bank;

- Financial invoices as regulated by law.

Step 3: Within 10 business days from the receipt of sufficient application, the relevant ministry or ministerial agency shall reimburse legal consulting service fees to the requesting SME. In case the provided legal advice is not subject to the scope of the agreement on legal consulting service signed by the legal consultant and the SME, the relevant ministry of ministerial agency shall refuse to reimburse legal consulting service fees and notify both the legal consultant and the SME of this case.

Within 15 business days from the reimbursement date, the relevant ministry or ministerial agency shall send the copy of the document providing legal advice that does not contain business secrets of the SME to the Ministry of Justice and the Ministry of Planning and Investment for publishing on the legal assistance website for SMEs and the national assistance portal for SMEs.

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

Thu Ba

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