Trademark Infringement lawyers in Vietnam assist trademark infringement

 Trademark Infringement lawyers in Vietnam assist trademark infringement

Self protection of trademark infringement in Vietnam 

Owners of trademarks may need a lot of time and effort to protect themselves from trademark infringement in Vietnam. It is recommended to talk with brand name encroachment attorneys in Vietnam for help in light of the fact that the comprehension of specialized matters, lawful grounds and business practice in Vietnam.

The trademark owner in Vietnam has the self-protection right to: (i) apply technological measures to prevent acts of trademark infringement in Vietnam; (ii) request the organization or individual who commits an act of trademark infringement to terminate such act, make a public apology or rectification, and compensate damages when detecting the act of trademark infringement; iii) Make a request to the appropriate authority to deal with trademark infringement in accordance with the laws.

To begin, the infringing party can inform the infringing party that the infringed trademark is protected and that the infringing party is not to infringe in order to implement technological measures to prevent acts of trademark infringement. This information can include information about the original of emergence, the trademark certificate, the protection and duration scope, as well as other information about the right of the trademark owner. In addition, the owner of the trademark that is being infringed upon may employ the technical means or measures to mark, identify, distinguish, and safeguard the trademark that is being infringed upon.

Besides, the proprietor could likewise demand association or person who commits a demonstration of brand name encroachment to end such demonstration, make a general acknowledgment or correction, and remunerate harms. In particular, trademark owners can send information about the origin of the infringement, a trademark certificate, the protection scope, the duration of the protection, and a reasonable time frame for the infringer to stop the act of infringement to the infringer, or they can authorize an IP attorney in Vietnam to send this information to the infringer.

Additionally, the content of the written request will vary based on the situation and degree of infringement. This could be referred to as a prior-should-use measure taken prior to implementing technological measures. Both parties will save time and money if the violating party cooperates and stops the infringement.

Thirdly, proprietor of brand name could demand the capable position to manage demonstrations of brand name encroachment as per the arrangements of regulations.

When the trademark owner sends the above-mentioned request to the infringing party and the infringing party refuses to cooperate and continues the infringement, the infringing party may send the following information to the competent authority: date that the request was made; the name and address of the violator or their representative; name of getting demand authority; the name and address of the party infringing; in the event of a request for a temporary cessation of customs clearance for exports or imports suspected of infringement, the name and address of the suspected violator; brief data of encroached brand name and encroachment; suggested ways to deal with infringement; documents and evidence that are included with the request

The petitioner may request administrative, civil, criminal, or customs measures from the appropriate authorities based on the seriousness of the violation. It should be noted that additional information on the mode of import or export, country of exportation, mode of packaging, the lawful importer or exporter, and features of lawfully imported or exported goods for distinction from infringing goods must be provided when a request for temporary cessation of customs clearance for imports or exports suspected of infringement is sent to the custom authority.

How trademark infringement lawyers in Vietnam could help with trademark infringement in Vietnam?

In general, it is crucial to safeguard intellectual property rights. In addition, working with an IP attorney in Vietnam will make the registration, management, and protection of intellectual property from infringement as well as the handling of disputes against IP violators in Vietnam through administrative measures, civil litigation, or even criminal prosecution, all more efficient.

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How Trademark Licensing in Vietnam Works?

 How Trademark Licensing in Vietnam Works?

Vietnam's intellectual property law governs the licensing of industrial property subjects in general and trademarks in particular. As a result, when a trademark is licensed in Vietnam, the owner (the licensor) grants permission to another party (the licensee) to use the trademark in Vietnam under terms and conditions that have been mutually agreed upon.

The nature and quality of the products or services associated with the trademark are still under the control of the licensor.

Quality control is the most important aspect of trademark licensing in Vietnam because buyers expect consistent quality from trademarked goods or services regardless of where they are purchased or used.

To avoid disputes in trademark licensing in Vietnam, permission must be granted in writing.

What are the advantages of trademark licensing in Vietnam?

Trademark licensing in Vietnam could bring great advantages as following:

• Additional revenue
• Territorial expansion
• Benefits from others’ manufacturing, sales, distribution, marketing skills
• New channels of distribution
• Discontinued marks
•  Strategic partnerships
• Convert a trademark infringer into a partner
• Increase consumer recognition and advertising 

Forms of trademark licenses in Vietnam

Trademark licensing in Vietnam may take the following forms:

• Franchising
• Merchandising
• Brand extension
• Co-branding
• Components or ingredient branding
• Standards

What kinds of contracts exist for trademark licensing in Vietnam?

Licensing of trademark includes the following types: Exclusive contract, Non-exclusive contract, Sub-license contract.

-First, an exclusive contract is one in which the licensee has exclusive use of the licensed trademark within the scope and duration of the licensing agreement, while the licensor is prohibited from using the licensed trademark without the licensee's permission.

-Second, a non-exclusive contract is one in which the licensor retains the right to use the trademark and enter into a non-exclusive trademark license agreement with others within the scope and duration of the licensing agreement.

-Thirdly, trademark sub-license contract mean an agreement under which the licensor is a licensee of the option to utilize such brand name as per another agreement.

What is included in the Vietnam trademark licensing contract?

In a the agreements, having the accompanying contents is required: complete names and addresses of the licensor and of the licensee; reasons for licenses; type of contract; scope of licensing, including territorial and use right restrictions; contract duration price of a license; rights and responsibilities of the licensee and licensor. To deal with potential disputes that may arise between parties during the execution of trademark licensing in Vietnam, it is essential to establish regulations regarding the dispute resolution process for trademark licensing.

The parties must also consider the legality of this contract in addition to the aforementioned provisions. In contrast to assignment contracts for trademarks in Vietnam, where they must be registered at the National Office of Intellectual Property of Vietnam before they can take effect, licensing contracts for trademarks do not require such registration. When the licensor loses its trademark rights, the licensing agreement will automatically end.

Our Intellectual Property attorney can assist the client with any additional inquiries or requests for legal counsel regarding trademark licensing in Vietnam or a dispute in trademark licensing contract.

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Cancellation Against of Trademark in Vietnam

 Cancellation Against of Trademark in Vietnam

It typically takes a significant amount of time and effort on the part of your business to win customers' confidence in your products and trademark. However, if there is another trademark for the same goods that is identical to yours, it will likely cause customers to make mistakes or become confused, resulting in a number of negative effects for your business, including a decrease in sales, a loss of reputation, and the ability to distinguish yourself.

In fact, after partnering with domestic businesses to distribute or sell goods, many international businesses discover that their trademarks are stolen by partners who register their trademarks for intellectual property protection in national offices. It is simple for trademark thieves to steal trademarks because each nation protects trademarks differently.

You should ask the Vietnam Intellectual Property Authority to cancel the trademark that was used in violation of your rights and benefits. ANT Lawyers would like to assist you in canceling against a trademark in Vietnam in the following ways because they have excellent IP experience in Vietnam and a highly professional staff.

Cancellation against of trademark in Vietnam

A certificate of trademark registration may be revoked entirely or partially at the request of a third party in accordance with Article 96 of the IP Law of Vietnam.

In the specified circumstances, the applicant may submit a written request to the National Office of Intellectual Property (NOIP) to cancel protection titles subject to payment of fees and charges.

Period for filling cancellation request

To request cancellation against of trademark in Vietnam due to the Applicant’s bad faith: the period for lodging such a request is the whole term of a Protection Title.

To request cancellation against of trademark in Vietnam due to other legal reasons: the period for lodging such a request is within 5 years as from the granting date.

The case for cancellation against of trademark in Vietnam

Any third party may request that a certificate of trademark registration be revoked entirely or partially in the following circumstances:

The registration applicant does not possess the right to register an invention, industrial design, layout-design, or mark, nor has this right been granted to them;

At the time the protection title is granted, the subject matter of industrial property does not meet the protection conditions.

Required documents

Proofs (if any);

Power of attorney;

Written justification of the request, including relevant documents and clearly stating the protection title's serial number, reason, and contents for terminating or canceling a portion or the entire protection title.

Time and procedures for cancellation against of trademark in Vietnam

In the event that a third party makes a request to have their trademark protection title revoked, the NOIP is required to provide the protection title holder with written notice of the third party's opinions and set a response deadline of two months from the date of notification.

The NOIP must decide whether to cancel all or a portion of the protection title or notify the parties of its refusal to cancel the trademark protection title after taking the opinions of the parties into consideration.

The requester or a party involved may file a complaint regarding the decision or the relevant notice if they disagree with the NOIP's handling of the request for cancellation of the trademark protection title

Within two months of its signing, a decision to cancel a trademark protection title must be published in the Industrial Property Official Gazette and added to the National Register of Industrial Property.

ANT Lawyers - IP Services in Vietnam firm that regularly informs clients of legal developments pertaining to trademarks by following up with authorities.

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How to Protect Copyright in Vietnam?

 How to Protect Copyright in Vietnam?

Copyright refers to an individual or organization's rights to a work that they created or own, as defined by Vietnam's Intellectual Property Law. Additionally, works of literature, art, and science shall constitute the subject matter of copyright; Performances, audio and visual fixation, broadcasts, and satellite signals carrying coded programs are all eligible subjects for copyright-related rights.

However, if there is no prior prepared evidence, it is difficult to demonstrate the owner's copyright. In the event of a dispute or violation, the most crucial piece of evidence is a copyright registration. When the owner can demonstrate that the Work is covered by copyright law, the registration of the copyright will prevent infringement.

ANT Lawyers – A registering copyright services in Vietnam would like to assist you in registering and safeguarding your copyright and related rights in Vietnam in the following ways with their highly skilled staff and extensive knowledge of the intellectual property landscape in Vietnam:

Our services in copyright registration

-Provision of professional opinions and advice in relation to registration of copyright and related copyright;

-Advising, preparation, drafting, filing and prosecution of registration of copyright and related copyright;

-Provision of professional opinions and advice in relation to license and assignment of copyright and related copyright;

-Appeal and cancellation;

-Proceedings before the judicial authorities.

How to register a copyright or related rights in Vietnam?

Condition of copyright registration

If a work meets the following requirements, its owner's copyright will be registered:

-The ideas of the Work shall be presented particularly in a visible material

-The Work shall be original (Be made directly by the author without copying from any other works or people).

Required information and document

-Original Power of Attorney (POA) from the Applicant;

-Information of the author such as: Full name, Identify Card Number, Current address, permanent address; …

-Information of the Works such as: Name, the date of publication (if any), the place of Publication (if any); …

–Business registration certificate or establishment certificate (if applicant is association or organization);

-Written promise of being ownership of the work of the applicant;

-Some other specialized document with each specified aspect.

Note: The POA must be signed by the applicant or a duly authorized representative on behalf of the Applicant and no further notarization or legalization is required.

 Duration of copyright protection

-The following rights are protected forever:

-Right to give titles to their works.

-Right to attach their real names or pseudonyms to their works; to have their real names or pseudonyms acknowledged when their works are published or used.

-Right to protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author.

The following rights are protected within the stipulated duration in law

-Right to make derivative works;

-Right to display their works to the public;

-Right to reproduce their works;

-Right to distribute or import the original or copies of their works;

-Right to communicate their works to the public by wireless or landline means, electronic information networks or other technical means;

-Right to lease the original or copies of cinematographic works and computer programs;

-Right to reproduce their works.

The duration of each type of work protected by the aforementioned rights will vary. The term of protection for cinematographic, photographic, stage, applied, and anonymous works, in particular, shall be fifty (50) years from the date of first publication. Other works are protected throughout the author's lifetime and for fifty (50) years after their death.

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Why Client Should Retain Real Estate Dispute Lawyers in Vietnam?

Why Client Should Retain Real Estate Dispute Lawyers in Vietnam?

Foreigners are becoming increasingly interested in investing and purchasing real estate as a result of changes in the law that are attracting foreigners to live and invest in Vietnam. However, the law regarding real estate ownership and transactions is complicated, particularly for foreigners, given that real estate is a valuable asset.

 

In Vietnam, the entire population owns land, with the State acting as the owner's representative and managing the land uniformly. Therefore, land users will have the right to use the land in Vietnam without private ownership. Foreigners are prohibited from owning land use rights in Vietnam under the Land Law of 2013. It only permits businesses with foreign investments to use land through leases or allocations.

According to the Law on Housing, foreigners are permitted to own homes in Vietnam even though they do not have rights to use land. Furthermore, the Law on Land Business has specific impediments for unfamiliar financial backers to direct land business in Vietnam and should meet the legitimate necessities.

To minimize risks, foreign investors investing in Vietnam who intend to use the land for business purposes, conduct real estate business in Vietnam, or simply purchase and own real estate in Vietnam should be aware of the legal provisions governing the conditions of implementation, orders, and procedures. In Vietnam, the assistance of real estate dispute lawyers will be valuable.

In Vietnam, real estate lawyers would be well-versed in the Land Law, Housing Law, Real Estate Law, and related regulations. In addition, they would have practical experience supporting real estate transactions, resolving disputes, and carrying out legal procedures in Vietnam. The real estate dispute lawyers in Vietnam could talk about the conditions for doing business in real estate and the restrictions on foreign organizations and individuals' land use rights in Vietnam. In order to better work with state agencies to obtain land use rights for businesses and individual home ownership rights, the foreigners could benefit from the assistance of lawyers upon request.

Real estate lawyers may also offer assistance with legal due diligence of the real estate in order to reduce clients' legal risk when carrying out real estate-related transactions like buying, selling, transferring, renting, and leasing. Before the developer and the people who are eligible to enter into the transaction, it is essential to evaluate the property's legal status, the owner, and whether the property is the subject of a dispute or additional government requirements. Likewise, the lawyers in Vietnam can encourage clients to draft or survey the arrangements, deal as well as the cycle to authorize the interaction to consent to the law in Vietnam.

ANT Lawyers, as a reliable law firm in Vietnam always follow up real estate dispute cases and their development to update clients on regular basis.

 

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How Dispute Lawyers in Hanoi Could Help?

How Dispute Lawyers in Hanoi Could Help?

ANT Lawyers – A law firm in Vietnam, could assist clients on dispute resolution matters throughout Vietnam.

 

We have dispute lawyers in Hanoi who are qualified and have experience helping clients resolve disputes in Vietnam.

We have represented clients in disputes involving a variety of industries, including disputes involving international trade, commercial transactions, partnership or shareholder agreements, property sales and purchases, real estate, intellectual property, banking and finance, and maritime matters.

We are able to provide our clients with appropriate and adaptable solutions to their problems thanks to our knowledge, experience, and comprehension of Vietnamese culture. Our dispute lawyers in Hanoi also help clients through the various stages of litigation at Vietnam's national or provincial courts, arbitration centers, and courts of appeal.

Our dispute attorneys in Hanoi are well-trained and certified internationally in the US and EU, and they have adapted their skills to Vietnamese cultures to assist clients in resolving conflicts without a formal proceeding in order to save money, time, and maintain the relationship between the disputed parties. If it is at all possible, we recommend alternative dispute resolution, such as mediation.

Our dispute resolution practice at ANT Lawyers helps our clients with the following:

Negotiation: reviewing relevant contracts and documents, advising possible courses of action and negotiating with relevant parties before initiating the legal proceeding.

Litigation and legal representation: representing clients before Vietnamese courts and other Vietnamese authorities.

Arbitration: advising on choice of arbitration, drafting arbitration clause, and representing clients for recognition and enforcement of foreign arbitral awards.

Alternative proceedings: certain alternatives may be available for dispute resolution in Vietnam.

ANT Lawyers have litigation and dispute lawyers in Hanoi, that help clients dealing with dispute resolution and alternative dispute resolution in Vietnam.

 

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GUIDING DECREE NO. 80/2021/ND-CP DATED AUGUST 26, 2021 OF THE GOVERNMENT ELABORATING LAW ON PROVISION OF ASSISTANCE FOR SMALL AND MEDIUM ENTERPRISES

MINISTRY OF PLANNING AND INVESTMENT OF VIETNAM -------	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ----------------
No. 06/2022/TT-BKHDT	Hanoi, May 10, 2022

CIRCULAR

GUIDING DECREE NO. 80/2021/ND-CP DATED AUGUST 26, 2021 OF THE GOVERNMENT ELABORATING LAW ON PROVISION OF ASSISTANCE FOR SMALL AND MEDIUM ENTERPRISES

Pursuant to the Law on Provision of Assistance for Small and Medium Enterprises dated June 12, 2017;

Pursuant to Decree No. 80/2021/ND-CP dated August 26, 2021 of the Government elaborating Law on Provision of Assistance for Small and Medium Enterprises;

Pursuant to Decree No.86/2017/ND-CP dated July 25, 2017 of Government on functions, tasks, powers, and organizational structure of Ministry of Planning and Investment;

At request of Director of Enterprise Development Agency;

The Minister of Planning and Investment promulgates Circular guiding Decree No. 80/2021/ND-CP dated August 26, 2021 of the Government elaborating Law on Provision of Assistance for Small and Medium Enterprises.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. Scope: This Circular guides Decree No. 80/2021/ND-CP dated August 26, 2021 of the Government elaborating Law on Provision of Assistance for Small and Medium Enterprises (hereinafter referred to as “SME”) regarding technical assistance (not including Clause 5 Article 11 of Decree No. 80/2021/ND-CP); counseling; human resource development (not including Clause 4 Article 14 of Decree No. 80/2021/ND-CP); assistance for business startup of SMEs; assistance for participation of SMEs in industrial cluster and value chain; management of assistance provided for SMEs.

2. Regulated entities:

a) Enterprises established, organized, operating in accordance with laws on enterprises, and meeting regulations under Chapter II of Decree No. 80/2021/ND-CP regarding criteria for identifying SMEs.

b) Ministries, ministerial agencies, Governmental agencies, People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “provincial People’s Committees”).

c) Agencies and authorities providing assistance for SMEs.

d) Providers of SMEs’ assistance products and services. In case the provider is an organization, the organization must be established and operated in accordance with Vietnam’s laws.

dd) Agencies, organizations and individuals relating to the provision of assistance for SMEs.

Article 2. Definition

1. “number of employed employees participating in social insurance in accordance with Clause 1 Article 7 of Decree No. 80/2021/ND-CP” refers to the total number of employees signing indefinite term employment contracts and employees signing fixed-term employment contracts under 36 months of SMEs participating in social insurance. In which, employees signing fixed-term employment contracts under 36 months may have their social insurance paid by SMEs or other entities.

2. “SMEs manager” refers to an individual managing an enterprise in accordance with Clause 24 Article 4 of the Law on Enterprises No. 59/2020/QH14.

3. “SMEs in area with extremely disadvantaged socio-economic conditions” refers to an enterprise whose head office is located in any area under Appendix III of Decree No. 31/2021/ND-CP dated March 26, 2021 of the Government elaborating and guiding implementation of the Law on Investment.

4. “chain leading enterprise” refers to an enterprise established and operating in accordance with Vietnam’s laws, foreign country’s laws, meeting regulations under Clause 11 Article 3 of Decree No. 80/2021/ND-CP and entering into a contract for purchase of products of SMEs.

5. “startup investment fund" refers to a fund created by donations of private investors in Vietnam, foreign countries, and established in accordance with Vietnam’s laws to finance business startup.

6. “electronic document" refers to a document in electronic form that is created online or from a physical document and adequately reflecting the contents of the physical document.

7. “agencies and organizations providing assistance for SMEs” refer to agencies, entities, and public service providers affiliated to ministries, ministerial agencies, Governmental agencies, provincial People’s Committees, and public service providers affiliated to agencies, entities affiliated to ministries, ministerial agencies, Governmental agencies, provincial People’s Committees conducting activities relating to provision of assistance for enterprise development.

Article 3. Guiding provision of assistance for SMEs

1. Agencies and organizations providing assistance for SMEs shall prioritize funding for SMEs owned by women, SMEs employing a lot of female workers, and SMEs that are social enterprises.

2. Agencies and organizations providing assistance for SMEs shall rely on Article 5 of Decree No. 80/2021/ND-CP to choose criteria for identifying micro, small, and medium enterprises in order to provide the most beneficial assistance for SMEs.

3. Agencies and organizations providing assistance SMEs shall identify scale of SMEs, SMEs owned by women, SMEs employing a lot of female employees based on declaration under Appendix 1 of Decree No. 80/2021/ND-CP. If information declared by SMEs needs to be cross-checked, agencies and organizations providing assistance for SMEs shall rely on the following documents:

a) In order to verify scale of SMEs:

- Balance sheet and income statement in financial statement.

- List of employees employed by SMEs together with respective proof of social insurance payment. In case of employees who have their social insurance paid by other entities, SMEs shall issue written confirmation regarding these employees’ social insurance payment.

b) In order to verify that SMEs employ a lot of female employees: SMEs satisfy Point a Clause 3 of this Article and have percentage of female employees satisfying Clause 8 Article 3 of Decree No. 80/2021/ND-CP.

c) In order to verify that SMEs are owned by women: Agencies and organizations providing assistance for SMEs shall look in capital contribution percentage of female enterprise managers on National Business Registration Portal or shareholder register in case of joint stock company.

4. SMEs may propose multiple types of assistance in the same application for assistance. SMEs are only allowed to submit application for one type of assistance to one agency or organization providing assistance for SMEs at any given time.

5. SMEs are not limited in terms of number of assistance instances or number of assistance contracts for types of assistance calculated by million VND/year/enterprise or million VND/year as long as maximum assistance percentage, quota under Decree No. 80/2021/ND-CP.

6. Agencies, organizations providing assistance for SMEs shall disclose SME assistance information as follows:

a) Register accounts on National information portal for SME assistance (hereinafter referred to as “Web portal”) at https://business.gov.vn and declare information in accordance with Point d Clause 5 Article 28 and Clause 6 Article 29 of Decree No. 80/2021/ND-CP.

b) Disclose information under Point a of this Clause and detail information on focal point, methods of receiving and resolving assistance request of SMEs on website of their agencies, entities; lists of SME assistance products and services provided by their entities; database on SMEs provided with assistance and relevant details.

7. Documents relating to request of SME assistance under Point b Clause 4 Article 32 of Decree No. 80/2021/ND-CP submitted to agencies, organizations providing assistance for SMEs that are uncertified copies of original copies. If necessary, agencies, organizations providing assistance for SMEs shall request SMEs to provide original copies for cross-checking.

8. Forms, schedules attached hereto, and application for assistance submitted by SMEs to authorities can be in physical form (in person submission) or electronic form (online submission) and be accompanied by original copies for cross-checking at request. Electronic documents shall be stored in accordance with regulations and law on storage and presented when necessary.

9. SMEs shall only receive counseling mentioned under Decree No. 80/2021/ND-CP and this Circular when they use counselors within counselor network.

Article 4. Activities eligible for assistance from state budget

Agencies, organizations providing assistance for SME shall identify activities eligible for assistance from state budget under Clause 3 Article 32 of Decree No. 80/2021/ND-CP as follows:

1. Regarding counseling assistance: fee for counseling SMEs; field survey, meeting participation, and work trips of counselors; interpretation for foreign counselors; management activities of counseling organizations (if organizations act as counselors).

2. Regarding types of assistance under Clause 5 Article 2; Points c and dd Clause 6 of Article 22; Clause 1 Article 25; Point d Clause 3 Article 25 of Decree No. 80/2021/ND-CP: conform to Article 15 and Article 18 hereof.

3. Regarding types of assistance under Clause 2 Article 11; Clause 1 Article 22; Points b and c Clause 3 Article 22; Points b and c Clause 4 Article 25; Clause 5 Article 25 of Decree No. 80/2021/ND-CP: conform to field-specific legislative documents guiding technical, economic standards and norms. If the aforementioned regulations are not available, rely on work items specified under quotation of suppliers on the market to ensure legitimacy, adequacy, effectiveness, and fulfillment of SMEs’ demands.

Article 5. Guiding procedures for providing assistance for SMEs

Agencies and organizations providing assistance for SMEs shall assistance SMEs in accordance with Article 32 of Decree No. 80/2021/ND-CP, to be specific:

1. Compositions of written application include:

a) Declaration using form under Appendix 1 attached to Decree No. 80/2021/ND-CP, which specifies budget amount requested and quotation of the suppliers (if any).

b) Documents relating to the requested assistance: Documents verifying startup SMEs under Clauses 1 and 2 Article 14 hereof; verifying SMEs’ participation in industrial cluster, value chains in manufacturing, processing sectors of Article 16 and Article 17 hereof; other relevant documents (if any).

2. Regarding assistance for human resource development for SMEs in accordance with Clauses 1, 2, and 3 Article 14 of Decree No. 80/2021/ND-CP: agencies and organizations providing assistance for SMEs shall conform to Section 2 Chapter II hereof.

3. Regarding technology, counseling assistance, assistance for SME startup, assistance for SMEs' participation in industrial cluster, value chain under Clauses 1, 2, 3, and 4 Article 11, Clause 2 Article 13, Article 22, Article 25 of Decree No. 80/2021/ND-CP: agencies and organizations providing assistance for SMEs shall conform to Clause 3 Article 32 Decree No. 80/2021/ND-CP (contract sample under Appendix 1 hereof).

4. Agencies and organizations providing assistance for SMEs shall review application, consolidate SMEs’ request for assistance, approve SME support plan on an annual or quarterly basis. The selection of suppliers for executing SME assistance plan shall conform to bidding laws.

Article 6. Management of assistance for SMEs

1. General management

a) General management activities include: conducting communication activities regarding assistance and types of assistance provided for SMEs; organizing seminars, conferences guiding, concluding SME assistance operation; organizing groups for assessing implementation of SME assistance; surveying SME assistance demand to produce assistance plans and estimates for the planning year.

b) Ministry of Planning and Investment shall receive no more than 1% of total annual expenditure of central government budget on SME assistance to finance general management of SME assistance on a nationwide scale.

c) Contact point authorities of ministries, ministerial agencies, Governmental agencies (entities assigned to take charge and cooperate with relevant entities in developing policies, organizing implementation, assessing, consolidating reports on implementation results of SME assistance) and Departments of Planning and Investment of provinces and cities shall receive no more than 2% of total annual expenditure of state budget on SME assistance to finance general management of SME assistance within their management.

2. Direct management

Agencies and organizations providing assistance for SMEs shall receive no more than 5% of annual state budget on SME assistance to finance direct management of SME assistance, including:

a) Activities that assistance SME: going on business trip; working overtime; communicating; organizing meetings, conferences; hiring experts; conducting surveys at enterprises; other activities directly serving SME assistance.

b) Activities of Council for selecting startup SMEs under Clause 3 Article 21 of Decree No. 80/2021/ND-CP: reviewing documents of startup SMEs; hiring experts; working overtime; communicating; organizing review meetings; appraising selection result of startup SMEs; conducting other activities related to activities of the Council.

c) The selection of suppliers shall be made in accordance with bidding laws.

Chapter II

ASSISTANCE FOR SMALL AND MEDIUM ENTERPRISES

Section 1. TECHNOLOGY ASSISTANCE AND COUNSELING

Article 7. Technology assistance

SMEs shall receive technology assistance in accordance with Clauses 1, 2, 3, and 4 Article 11 of Decree No. 80/2021/ND-CP. Agencies and organizations providing assistance for SMEs shall provide assistance in accordance Article 4, Article 5 hereof and the following regulations:

1. SMEs shall receive financing for renting or purchasing digital transformation solutions publicized on the Web portal or website of Ministry of Information and Communication or website of suppliers.

2. SMEs shall assess level of digital transformation readiness to make appropriate assistance propositions. SMEs shall utilize digital readiness assessment tools uploaded on https://digital.business.gov.vn or https://dbi.gov.vn or issued by agencies and organizations providing assistance for SMEs.

3. Agencies and organizations providing assistance for SMEs shall use digital readiness assessment results of SMEs to consider and provide assistance depending on accessibility of SMEs.

Article 8. Counselors

1. Counselors mentioned under Point a Clause 1 Article 13 of Decree No. 80/2021/ND-CP include:

a) Individual counselors who are Vietnamese nationals (not including officials and public officials under Law on Officials and Public Officials) and foreigners working in Vietnam.

b) Organization counselors which are juridical persons, established, and operating in accordance with Vietnamese laws, specialized in counseling enterprises.

2. Apply for participation in counselor network:

a) Organization, individual counselors shall submit application to respective ministries, ministerial agencies. Documents in foreign languages will require certified Vietnamese translation.

b) Counselors shall access the Web portal, register, and be issued login accounts by Ministry of Planning and Investment in order to update information on counselor network. Counselors are legally responsible for accuracy of information disclosed on the Web portal.

3. Update counselor’s information:

a) When new information and/or documents relating to capacity and experience of a counselor arise, the counselor shall update on their profile on the Web portal while requesting ministries, ministerial authorities to update the profile of accredited counselor.

b) In case provided information is found to be incorrect but capacity of counselors in terms of training level, professional, and counseling experience is not altered, counselors shall adjust on the Web portal while requesting ministries, ministerial agencies where the counselors are accredited to adjust.

4. Counselors are allowed to participate in training courses for counseling skills, procedures, and knowledge organized by ministries, ministerial agencies free of charge in accordance with Clause 3 Article 9 hereof.

Article 9. Counselor network

1. Establish counselor network

a) Ministries, ministerial agencies shall promulgate a decision or decisions (using form under Appendix 2 hereof) regulating field of counseling, criteria for accrediting counselors, cases in which counselors are removed from counselor network upon violating the law or cases in which counselors are removed from counselor network according to regulations of ministries, ministerial agencies.

Criteria for accrediting counselors must specify training level, professional level, counseling experience, and conditions according to the laws and rules of presiding authorities.

b) Ministries, ministerial agencies shall accredit or authorize affiliated entities to accredit counselors participating in the counselor network (hereinafter referred to as “counselor accrediting bodies”) and review cases in which counselors are removed from counselor network.

- Accreditation of counselors participating in counselor network includes: reviewing application for participation in counselor network; contacting and guiding counselors to complete their profile; accrediting counselors in counselor network; guiding counselors to register accounts and update information on database on counselors on the Web portal; verifying and allowing counselors to appear public on the Web portal.

- Removal of counselors from counselor network includes: reviewing profile of counselors in the network; contacting and notifying counselors about being removed from the network; producing lists of counselors removed from the network; withdrawing counselor profile from the Web portal.

c) Counselor accrediting bodies shall publicize field of counseling, criteria for accrediting counselors, list of counselors in the network, list of counselors removed from the network on websites of ministries, ministerial agencies, or websites of counselor accrediting bodies.

d) Counselor accrediting bodies shall register and be issued accounts of the Web portal by Ministry of Planning and Investment in order to carry out activities under Point b Clause 1 of this Article.

2. Management, operation, and maintenance of counselor network

a) Procurement, software development for managing counselor network; procurement, upgrade, and maintenance of hardware, services, servers, and other services on a regular basis to archive and operate counselor network; develop, maintain, and update counselor network data.

b) Organization of conferences, seminars, conclusion, and assessment of establishment, management, operation, and maintenance of counselor network.

c) Accreditation and removal of counselors from counselor network under Point b Clause 1 of this Article. Expenditure on accrediting counselors or removing counselors from counselor network shall not exceed 300 thousand VND/counselor and paid to counselor accrediting bodies.

3. Improvement and training for development of counselor network

a) Counselor accrediting bodies shall organize or cooperate with suppliers in organizing training courses for skills, procedures, and knowledge of counselors in their network.

b) Details of training courses for counselors:

No.	Training course	Training contents	Training duration	Minimum number of learners/course	training organization
1	Short-term	Standardize counseling skills, procedures, and knowledge depending on requests of counselors and field-specific development objectives of counselors	3 to 5 days (consecutive or not). In which, may use up to 40% of the duration to allow learners to practice (if necessary).	20	Section 7 Appendix 3.2
2	Long-term		6 to 60 days (consecutive or not). In which, may use up to 40% of the duration to allow learners to practice (if necessary).

Article 10. Counseling assistance

SMEs shall receive counseling assistance in accordance with Clause 2 Article 13 of Decree No. 80/2021/ND-CP. Agencies and organizations providing assistance for SMEs shall provide assistance in accordance with Article 4 and Article 5 hereof.

Section 2. HUMAN RESOURCE DEVELOPMENT ASSISTANCE

Article 11. Human resource development assistance

Human resource development assistance under Clauses 1, 2, and 3 Article 14 of Decree No. 80/2021/ND-CP refers to training assistance provided for SMEs. Agencies and organizations providing assistance for SMEs shall provide assistance in accordance with Clauses 1 and 2 Article 5 of this Circular and the following regulations:

1. Training units refer to agencies and organizations providing assistance for SMEs (if they directly provide training services) or the suppliers (if agencies and organizations providing assistance for SMEs do not directly provide training services).

2. In-class training courses for enterprise administration mentioned under Point a Clause 1 Article 14 of Decree no. 80/2021/ND-CP include basic enterprise administration training courses and advanced enterprise administration training courses.

3. Online training courses via available online teaching tools such as Zoom Cloud Meeting, Microsoft Teams, Google Classroom, and other similar tools:

a) Based on plans for organizing online training courses in the year, training units shall purchase accounts of available online teaching tools and accounts of aid software (hereinafter referred to as “tools”); rent specialized equipment serving online training courses (hereinafter referred to as “specialized equipment”) depending on scale of training courses.

b) If tools and specialized equipment are purchased or rented for each course, rent and purchase cost shall be included in additional costs of each course. In case service bundles are purchased or rented on a quarterly or annual basis, rent and purchase cost shall be distributed over costs for organizing each training course.

4. Training units may organize training courses under Clause 1 and Clause 3 Article 14 of Decree No. 80/2021/ND-CP by combining both in-class training and online training via available online teaching tools (hereinafter referred to as “combined training method”) with unchanged financing from state budget only if at least 30% of total learners participate in in-class training, to be specific:

a) 100% of learners participate in in-class training: lecturers shall provide full online training or combine in-class training and online training.

b) From 30% of learners participate in in-class training while the rest participate in online training: lecturers shall provide full in-class training, or full online training, or a combination of in-class training and online training.

c) Upon selecting combined training method under Points a and b Clause 4 of this Article, training units shall develop respective expenditure estimates.

Article 12. In-class training for business startup and enterprise administration

Assistance for in-class training under Clauses 1 and 3 Article 14 of Decree No. 80/2021/ND-CP shall conform to the following regulations:

No.	Training course	Training topic	Training duration	Target learners	Minimum number of learners/course	training organization
1	Business startup	Section 1 Appendix 3.1	From 1 to 2 days; In case of 2-day classes, up to 40% of the training duration can be used to facilitate practice of learners (if necessary).	Employees, managers of specialized departments, managers of SMEs. In which, SMEs are enterprises converted from household businesses or SMEs established within 5 years prior to the year in which training course is organized	30	Section 3 Appendix 3.2.
2	Basic enterprise administration	Section 2 Appendix 3.1	From 2 to 5 days. Up to 40% of duration of classes that last at least 3 days can be used to facilitate practice of learners (if any).	Employees, managers of specialized departments, managers of SMEs.	30	Section 2 Appendix 3.2.
3	Advanced enterprise administration	Section 3 Appendix 3.1	From 5 to 28 days (consecutive or not). In which, may use up to 40% of the duration to allow learners to practice (if necessary).	Managers of specialized departments, managers of SMEs.	20	Section 1 Appendix 3.2.
4	Training at SMEs	Section 4 Appendix 3.1		Employees, managers of specialized departments, managers of SMEs.	10	Section 4 Appendix 3.2.

Article 13. Online training for business startup and enterprise administration

Assistance for online training under Clause 2 Article 14 of Decree No. 80/2021/ND-CP shall conform to the following regulations:

No.	Online training	Training topic	Training duration	Target learners	Number of learners	training organization
1	Online training system of Ministry of Planning and Investment and provincial People’s Committees (hereinafter referred to as “E-learning system”)	Section 5 Appendix 3.1	Each lecture video lasts up to 20 minutes Each lecture comprises of multiple videos.	Employees, managers of specialized departments, managers of SMEs	No restrictions	Section 6 Appendix 3.2
2	Online training courses via available online teaching tools		Similar to training courses under Clauses 1, 2, and 3 Article 13 hereof.			Section 5 Appendix 3.2

Section 3. ASSISTANCE FOR SME STARTUP

Article 14. Choosing startup SMEs

1. Agencies and organizations providing assistance for SMEs shall choose startup SMEs to provide assistance in accordance with Clause 1 Article 21 of Decree No. 80/2021/ND-CP based on the following documents:

a) Certificates of national, international awards for business startup or startup products, projects. The certificates must be awarded within 5 years prior to the date on which SMEs apply for assistance;

b) Patent of inventions or science technology enterprise certificates or hi-tech enterprise certificates as long as these documents are still effective at the time SMEs apply for assistance.

2. Agencies and organizations providing assistance for SMEs shall choose startup SMEs to provide assistance in accordance with Clause 2 Article 21 of Decree No. 80/2021/ND-CP based on the following documents:

a) Capital contribution agreements or documents verifying minimum investment of startup investment fund of 1 billion VND; investment must take place within 5 years prior to the date on which SMEs apply for assistance;

b) Written commitments of startup investment funds for a minimum investment of 500 million VND; the commitment must be produced within 1 year prior to the date on which SMEs apply for assistance;

c) Written confirmation or contracts indicating ongoing assistance for startup SMEs of common workspaces, business startup enterprises, service providers, incubation facilities, business promotion facilities, business startup centers; or written commitments or contracts indicating incoming assistance for SMEs. assistance must be confirmed, guaranteed within 6 months prior to the date on which SMEs apply for assistance.

3. Agencies and organizations providing assistance for SMEs shall choose startup SMEs in accordance with Clause 3 Article 21 of Decree No. 80/2021/ND-CP on the basis of decision of the Council regarding eligibility of SMEs for assistance.

Article 15. Startup SME assistance

Startup SMEs shall receive assistance in accordance with Article 22 of Decree No. 80/2021/ND-CP. Agencies and organizations providing assistance for SMEs shall provide assistance in accordance with Article 4 and Article 5 of this Circular and the following regulations:

1. Assist learners of SMEs to participate in advanced training in Vietnam and foreign countries under Clause 2 Article 22 of Decree No. 80/2021/ND-CP, including: tuition, materials, accommodations, meals, travel (including plane tickets).

Short-term advanced training courses in foreign countries include: developing products; commercializing products; developing e-commerce; attracting investment; developing market; connecting startup network and other details depending on demands of startup SMEs.

2. Assist learners to maintain accounts on e-commerce platforms under Point c Clause 6 Article 22 of Decree No. 80/2021/ND-CP, including:

a) Regarding e-commerce platforms in Vietnam: payment fees, fixed fees, and service fees paid by the sellers to e-commerce platforms.

b) Regarding international e-commerce platforms: fees of seller account, referral fee, order completion fee, storage fee, product bar code registration fee, product design and photography costs, and advertising costs.

3. Assist SMEs to participate in international competitions regarding business startup in accordance with Point dd Clause 6 Article 22 of Decree No. 80/2021/ND-CP, including: fees for participating; staying in host countries; travelling (including plane tickets); transporting documents, products, and equipment serving competitions.

Section 4. ASSISTANCE FOR SME’S PARTICIPATION IN INDUSTRIAL CLUSTER, MANUFACTURING AND PROCESSING CHAIN

Article 16. Selecting SMEs in industrial cluster in manufacturing and processing

1. Forms of connection between SMEs and other enterprises in industrial cluster under Clause 2 Article 23 of Decree No. 80/2021/ND-CP include:

a) Connection in form of contracts for shared purchase of input materials: SMEs and at least another enterprise in industrial cluster enter into contract for purchase of input materials from the same suppliers.

b) Connection in form of contracts for shared sale of products: SMEs and at least another enterprise in sector connection enter into contract for selling products to the same buyers.

c) Connection in form of contracts for purchase, sale, and cooperation refers to:

- SMEs enter into contracts for product purchase, sale with at least another enterprise in industrial cluster;

- SMEs enter into contracts for cooperation with at least another enterprise in industrial cluster.

d) Connection in form of joint connection, use of brands refers to:

- SMEs and at least another enterprise in industrial cluster use accredited collective mark or certification mark or geographical indication according to intellectual property laws;

- SMEs and at least another enterprise in industrial cluster produce goods, commodities (not including community based tourism services and tourist attractions) and have products ranked at 3 stars or higher under the One Country One Product Program (OCOP).

2. Agencies and organizations providing assistance for SMEs shall select SMEs in industrial cluster under Clause 1 of this Article to provide assistance based on:

a) For Point a Clause 1 of this Article: at least 1 contract for purchase of input materials between a SME and the supplier and the confirmation (or contract) of the supplier regarding ongoing supply of input materials for other enterprises in industrial cluster.

b) For Point b Clause 1 of this Article: at least 1 contract for sale of products between a SME and the buyer and the confirmation (or contract) of the buyer regarding ongoing purchase of products from at least another enterprise in industrial cluster.

c) For Point c Clause 1 of this Article: at least 1 contract for ongoing product purchase or sale or cooperation between the SME and another enterprise in the industrial cluster.

d) For Point d Clause 1 of this Article: collective mark or certification mark or geographical indication or brand of the OCOP product currently used by the SME.

dd) Apart from cases under Points a through d Clause 2 of this Article, agencies and organizations providing assistance for SMEs shall cooperate with the suppliers or the buyers in determining lists of SMEs that are purchasing input materials or selling products and services in order to choose suitable SMEs for assistance.

Article 17. Selection of SMEs for participation in production, manufacturing value chain

1. Forms of participation of a SME in value chain according to Clause 2 Article 24 of Decree No. 80/2021/ND-CP, including:

a) The SME is a chain leading enterprise established and operating as per Vietnam’s laws.

b) The SME is executing the contract for product and service purchase, sale or cooperation with chain leading enterprises.

c) The SME is considered a prospect supplier for chain leading enterprises by chain leading enterprises or agencies and organizations providing assistance for SMEs.

Agencies and organizations providing assistance for SMEs shall use prospect SME assessment tool publicized by Ministry of Planning and Investment or refer to the list of prospect SMEs uploaded on the Web portal to choose SMEs.

2. Agencies and organizations providing assistance for SMEs shall select SMEs for participation in value chain according to Clause 1 of this Article based on:

a) For Point a Clause 1 of this Article: documents verifying the eligibility of SMEs.

b) For Point b Clause 1 of this Article: at least 1 contract for product sale or purchase or cooperation with chain leading enterprises.

c) For Point c Clause 1 of this Article: confirmation of chain leading enterprises.

Article 18. Assistance for SMEs' participation in industrial cluster, production and processing value chains

SMEs participating in industrial clusters and value chains shall receive assistance in accordance with Article 25 of Decree No. 80/2021/ND-CP. Agencies and organizations providing support for SMEs shall provide assistance in accordance with Article 4 and Article 5 of this Circular and the following regulations:

1. Assist training at enterprises according to Point a Clause 1 Article 25 of Decree No. 80/2021/ND-CP: conform to Clause 4 Article 12 hereof.

2. Assist learners of SMEs to participate in training courses in Vietnam and foreign countries according to Point b Clause 1 Article 25 of Decree No. 80/2021/ND-CP, including: tuition fee; materials; meals; accommodations; traveling (including plane tickets).

Details of training courses shall conform to Section 3 Appendix 3.1 hereof.

3. Assist SMEs to maintain accounts on e-commerce platforms according to Point d Clause 3 Article 25 of Decree No. 80/2021/ND-CP: conform to Clause 2 Article 15 hereof.

Section 5. DEVELOPMENT, CONSOLIDATION, AND ASSIGNMENT OF SME ASSISTANCE PLANS; ASSESSMENT AND REPORT ON SME ASSISTANCE

Article 19. Development, consolidation, and assignment of plans and state budget estimates for SME assistance; assessment and report on SME assistance results

1. Ministry of Planning and Investment shall

a) Guide ministries, ministerial agencies, Governmental agencies, and local governments to develop plans and central government budget estimates for SME assistance (using form under Appendix 4 hereof); consolidate SME assistance demands of ministries, ministerial agencies, Governmental agencies, and local governments where budget is not adequate; request Ministry of Finance to propose plans and estimates of central government budget for SME assistance of the planning year.

b) Develop solutions for assigning SME assistance tasks utilizing central government budget to ministries, ministerial agencies, Governmental agencies, and local governments which are not able to balance the budget based on total central government budget estimates for SME assistance; request Ministry of Finance to report to competent authorities in order to allocate budget estimates.

c) Notify ministries, ministerial agencies, Governmental agencies, and local governments which are unable to balance the budget about SME assistance tasks utilizing central government budget.

d) Take charge and cooperate with relevant authorities in organizing assessment of SME assistance; consolidate and report to the Government, Prime Minister.

2. Ministries, ministerial agencies, and governmental agencies shall

a) Develop plans and estimates of central government budget for SME assistance in the planning year and submit to Ministry of Planning and Investment; consolidate in estimates of ministries, ministerial agencies, and local governments.

b) Develop solutions for assigning SME assistance tasks utilizing central government budget for affiliated agencies and organizations providing assistance for SME; copy and send to Ministry of Planning and Investment for cooperation.

c) Organize implementation of SME assistance adequately; inspect, assess, and be responsible for implementation of plans for SME assistance under their management; submit reports on SME assistance results to Ministry of Planning and Investment.

3. Provincial People’s Committees

a) Assign Departments of Planning and Investment to:

- Develop plans and estimates for central government budget (for provinces that have not been able to balanced the budget) and local government budget for SME assistance; report to provincial People’s Committees and Ministry of Planning and Investment; send to Departments of Finance for consolidation in budget estimates for the provinces;

- Develop solutions for assigning SME assistance tasks utilizing central government budget (for provinces that have not been able to balanced the budget) and local government budget (on the basis of local government budget expenditure estimates) to agencies and organizations providing assistance for SMEs in provinces and request provincial People’s Committees to decide; send to Ministry of Planning and Investment.

b) Implement tasks under Point c Clause 2 of this Article.

Chapter III

ORGANIZATION FOR IMPLEMENTATION

Article 20. Entry into force

1. This Circular comes into force from June 25, 2022.

2. Annul Circular No. 05/2019/TT-BKHDT dated March 29, 2019 of Ministry of Planning and Investment and circular No. 06/2019/TT-BKHDT dated March 29, 2019 of the Ministry of Planning and Investment.

3. In case documents referred to in this Circular expire and/or are replaced by other documents, the new documents shall prevail.

Article 21. Transition clause and organization for implementation

1. SME assistance approved before the effective date hereof shall continue to be implemented according to their approval or be submitted to competent authorities for re-approval (if necessary) from the effective date hereof.

2. Ministries, ministerial agencies, Governmental agencies, and provincial People’s Committees shall provide assistance for SMEs in accordance with this Circular and applicable laws. Difficulties that arise during the implementation of this Circular should be reported to the Ministry for consideration./.

PP. MINISTER DEPUTY MINISTER Tran Duy Dong

 Source: Thư Viện Pháp Luật

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