Period for implementing a legal assistance program for small and medium-sized enterprises in Vietnam

Period for implementing a legal assistance program for small and medium-sized enterprises in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Rules for provision of legal assistance for small and medium-sized enterprises in Vietnam

Principles for implementing legal support for small and medium-sized enterprises (SMEs) according to Article 4 of Decree 55/2019/ND-CP are as follows:

- Legal assistance shall be provided for SMEs with certain focuses within a limited period of time and conformable with legal assistance objectives and the capability of balancing resources; the provision of legal assistance for SMEs must ensure publicity, transparency and effectiveness, and avoid overlapping.

- Legal assistance shall be provided for SMEs through the cooperation between regulatory authorities, representative organizations of SMEs, providers of legal assistance for SMEs and other relevant authorities, organizations and individuals.

- The provision of legal assistance for SMEs through legal assistance service providers shall be given priority.

- Authorities and organizations providing legal assistance for SMEs shall, based on their resources and assistance programs, decide the provision of legal assistance in the following order of priority:

+ Women-owned SMEs and SMEs using more women employees will be provided with legal assistance first if their applications for legal assistance are satisfactory;

+ SMEs in which 30% or more of their employees are the disabled as defined in the Disability Law;

+ SMEs that submit applications for legal assistance first shall be provided with legal assistance first if their applications are satisfactory.

- The State encourages and adopts policies for assistance and facilitation of regulatory authorities, organizations, enterprises and individuals in provision of legal assistance for SMEs, and mobilizes private sector involvement in provision of legal assistance for SMEs.

2. Period for implementing a legal assistance program for SMEs in Vietnam

Period for implementing a legal assistance program for SMEs in Vietnam according to Article 11 of Decree 55/2019/ND-CP is as follows:

- The maximum duration of a legal assistance program for SMEs is 05 years from the date on which it is approved.

- The authority or organization in charge of the legal assistance program for SMEs shall make a consolidated report on the program implementation for using as a basis for establishing or suggesting another legal assistance program for SMEs based on SMEs’ demands and its available resources.

3. Grounds for establishment and contents of a legal assistance program for SMEs in Vietnam

Grounds for establishment and contents of a legal assistance program for SMEs according to Article 10 of Decree 55/2019/ND-CP are as follows:

- Grounds for establishment of a legal assistance program for SMEs:

+ Demands for legal assistance for SMEs in each period of time and in each sector, field or area;

+ Programs for formulation of laws and ordinances of the National Assembly and of the Standing Committee of National Assembly and plans for promulgation of legislative documents of the Government, the Prime Minister, ministries, ministerial agencies and provincial governments;

+ Resources of the relevant ministry, ministerial agency or provincial government, and SMEs’ representative organization.

- Contents of a legal assistance program for SMEs include:

+ Provision of information, including information relating to domestic law, foreign laws, international laws, legal risk warnings and the relevant ministry or provincial government’s policies for SMEs(if any);

+ Improvement of legal knowledge, including legal knowledge improvement programs for SMEs, those for persons providing legal advice for SMEs, and those for the legal consultant network;

+ Provision of legal advice, including talks, response to legal questions of SMEs and other legal consulting activities which must be conformable with law and suitable for demands of SMEs and resources available as prescribed in Point c Clause 1 of Article 10 of Decree 55/2019/ND-CP.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE