What are the regulations on the order of support for consulting, guiding procedures for converting business households into enterprises in Vietnam? - Duong Minh (Dong Thap, Vietnam)
Order of support for consulting, guiding procedures for converting business households into enterprises in Vietnam (Internet image)
The Ministry of Planning and Investment of Vietnam issued Decision 1014/QD-BKHDT dated June 3, 2022, announcing new administrative procedures promulgated, amended, and abolished in the field of supporting small and medium enterprises under the management functions of the Ministry of Planning and Investment.
Thus, the order of supporting consultancy and guiding procedures for converting business households into enterprises is as follows:
- A valid copy of the business registration certificate of the household business;
- A valid copy of the tax code registration certificate;
- A valid copy of the receipt for payment of license fees, taxes, and other state budget payments (if any), in the tax declaration within 01 year before the conversion.
- Business households that register to transform into an enterprise need advice and guidance to submit a support request via face-to-face or online form to the Department of Planning and Investment at the provincial and central levels for advice and guidance;
- Within 03 working days from the day on which the application is received, the Department of Planning and Investment of the province or centrally run city is responsible for providing free advice and guidance on the following contents:
+ orders, procedures, and applications for registration of enterprise establishments;
+ Order, procedures, and applications for registration of business eligibility certificates for conditional business lines (if any).
Apply in person, through the public postal service, or online.
Within 3 working days from the date of receipt of the application.
- A declaration of identification of a micro-enterprise, a small-sized enterprise, or a medium-sized enterprise and a request for support, made according to the form specified in the Appendix to Decree 80/2021/ND-CP; which clearly states the content and the proposed budget level, and the supplier's quotation (if any).
- Documents identifying innovative start-up SMEs:
For small and medium-sized enterprises, innovative start-up SMEs are identified on the basis of having national or international awards for innovative start-ups or innovative products and projects;
Or be granted a protection title for the invention;
Or be granted a Certificate of Science and Technology Enterprise, Certificate of High-Tech Enterprise, or High-Tech Application Enterprise (Clause 1, Article 21 of Decree 80/2021/ND-CP), identification documents include:
+ Certificate of winning national and international awards for innovative start-ups or innovative products and projects. The certificate is valid for no more than 5 years by the time the SME submits the application for support;
+ A certificate of protection for inventions, a certificate of science and technology enterprises, or a certificate of high-tech enterprise or hi-tech application enterprise, provided that these documents are still valid by the time the SME submits a application of support requests.
For small and medium-sized enterprises, innovative start-up SMEs have been identified on the basis that they have been invested in or committed to invest by innovative start-up investment funds;
Supported or pledged to be supported by co-working spaces, innovative start-ups, service providers, incubators, business accelerators, and innovation centers according to the provisions of the law on investment (Clause 2, Article 21 of Decree 80/2021/ND-CP), documents include:
+ The capital contribution contract or written certification of the investment of the innovative start-up investment fund with a value of at least VND 01 billion; the investment period must not exceed 05 years until the SME submits a application of support request;
+ A written commitment of the innovative start-up investment fund with an investment of at least VND 500 million, and the commitment time is not more than 01 year until the SME submits a request for support;
+ A written confirmation or contract showing that you are currently providing support for innovative start-up SMEs through co-working zones, creative start-up support organizations, service providers, incubators, business promotion establishments, innovation centers, or a written commitment or contract that will support innovative start-up SMEs. The time to confirm and commit to support is not more than 06 months from the time the SMEs submit the support proposal.
- Documents identifying SMEs participating in industry clusters and value chains in the field of production and processing.
+ For SMEs that are leading enterprises in the chain established and operating in accordance with Vietnamese law: Document determining the size of SME.
+ SME is performing a contract to buy and sell products and services or a contract of cooperation and association with the leading enterprise in the chain:
The document is at least 01 contract to buy or sell products or cooperate with the leading enterprise in the chain.
+ SMEs are assessed by leading enterprises or agencies and organizations supporting SMEs as having the potential to become suppliers for leading enterprises:
The document is a confirmation of the leading enterprise in the chain.
- Other directly related documents (if any)
- Small and medium-sized businesses must prepare a request for assistance application and submit it (in person or online) to the agency or organization that assists small and medium-sized businesses for consideration and decision.
- Within 14 working days from the date of receipt of the application of proposal for support needs of small and medium-sized enterprises, the agency or organization supporting small and medium-sized enterprises shall consider the application and give notice (in writing or online) to the business.
- In cases where a small or medium-sized enterprise is eligible for support but does not have the required documents, the small and medium-sized enterprise support agency shall guide the enterprise in completing the required application.
- In case the enterprise is not eligible for support, the SME support agency shall notify (in writing or online) to the enterprise.
- The agency supporting small and medium-sized enterprises provides or coordinates with other agencies, organizations, and individuals to provide support services on the basis of written approval. SMEs pay the portion of the funding not supported by the state budget to agencies, organizations, and individuals supporting small and medium enterprises (if any).
Following the completion of the support service, the small and medium-sized enterprise support agency conducts the acceptance, liquidation, and payment of small and medium-sized enterprise support funds in accordance with the law.
Apply in person or online.
Within 14 working days from the date of receipt of complete applications for requests for supporting small and medium enterprises.
Decision 1014/QD-BKHDT takes effect from June 3, 2022.
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