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PRIME MINISTER SOCIALIST REPUBLIC OF VIETNAM

--------- Independence - Freedom - Happiness


---------------
No.72/2010/QD-TTg Hanoi, November 15, 2010

DECISION

PROMULGATING REGULATIONS ON DEVELOPING, MANAGING AND RUNING


NATIONAL TRADE PROMOTION PROGRAM

PRIME MINISTER

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to Decree No.189/2007/ND-CP dated December 27, 2007 of the Government on


functions, duties, rights and organizational structure of the Ministry of Industry and Trade;

At the request of the Minister of Industry and Trade,

HEREBY DECIDES:

Article 1. The procedure for developing, managing and running national trade promotion
program is issued together with this Decision.

Article 2. This Decision comes into force from January 01, 2011 and applies for development,
management and running of national trade promotion program in 2011.

Article 3. Minister of Industry and Trade, Ministers of Finance and Ministers of relevant
ministries, Directors of ministerial agencies and Governmental agencies and Chairman of
People's Committees of provinces and centrally-affiliated cities shall take responsibility to
implement this Decision./.

MINISTER

Nguyen Tan Dung

PROCEDURE
FOR DEVELOPING, MANAGING AND RUNNING NATIONAL TRADE PROMOTION
PROGRAM
(Issued together with Decision No.72/2010/QD-TTg dated November 15, 2010 of the Prime
Minister)

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This procedure provides for development, management and running of national trade
promotion program (hereinafter referred to as “the program”).

2. This procedure applies for entities presiding over the implementation of the program
(hereinafter referred to as "presiding bodies), participants in the program, supervisory authorities
and funding authorities.

Article 2. Objectives of the program

National trade promotion program is the program set up with a view of development of export,
domestic market and trade in mountainous areas, bordering areas and islands in consistent with
the strategy on socio-economic development in each period which is approved by the
Government and is aimed at:

1. enhancing trade promotion activities develop export, domestic market and trade in
mountainous areas, bordering areas and islands;

2. giving assistance in planning and operation of commercial infrastructure;

3. helping to increase capacity of production and business of enterprises;

4. connecting trade promotion activities with investment and tourism.

Article 3. Presiding bodies

1. Presiding bodies include governmental and non-governmental trade promotion organizations,


industry associations or representative companies which proposes a trade promotion scheme
satisfying objectives, requirements and criteria specified herein and approved by the Minister of
Industry and Trade.

2. The presiding body shall:

a) has legal status; and;

b) be capable to mobilize resources for running the program; and;


c) have a specific strategy on development of products in the target market; and;

d) thoroughly understand the trade promotion requirement of the enterprise; and;

dd) have experience and capacity in performing trade promotion activities; and;

e) run the program for interests of the enterprise community, not for profit purpose.

3. Presiding bodies may receive funding for the program and shall take responsibility to make
funding finalization as per State's regulations in force.

Article 4. Participants in the Program

Participants in the Program are enterprises of all economic sectors, cooperatives and trade
promotion organizations of Vietnam established as per provisions of the law in force.
Participants in the Program will receive a funding according to regulations herein and shall take
responsibility to improve the efficiency in trade promotion schemes in which they participate.

Article 5. Supervisory authorities

1. The Ministry of Industry and Trade, who is authorized to manage the program by the
Government, shall:

a) preside over and cooperate with relevant ministries and local authorities in disseminating
orientation to develop export, domestic market and trade in mountainous areas, bordering areas
and islands according to the strategy, planning and sector development schemes approved by
competent authorities.

b) provide guidelines for setting up the trade promotion scheme in compliance with regulations
herein;

c) establish criteria applied to the trade promotion scheme in consistent with objectives and
requirements of the program;

d) assess, appraise and approve the scheme to include it in the program;

dd) carry out supervision and inspection of implementation of schemes included in the program;

h) manage funding for national trade promotion;

g) make a consolidated report on results of implementation of the program and send it to the
Prime Minister and relevant agencies.

2. The Minister of Industry and Trade shall set up and issue a working procedure applied to the
Steering Committee for the program (hereinafter referred to as “the Steering Committee”),
council for program appraisal (hereinafter referred to as “the appraisal council”) and the
Management Committee for the program (hereinafter referred to as “the Management
Committee”) to help the Ministry of Industry and Trade manage the program.

a) The Steering Committee shall be set up and leaded by the Minister of Industry and Trade and
take on duties of guiding the program, deciding scale and total funding for trade promotion
activities, including development of export, domestic market and trade in mountainous areas,
bordering areas and islands.

b) The appraisal council shall be established under decision of the Minister of Industry and Trade
and include representatives of relevant ministries and one Chairperson which is the head of the
Ministry of Industry and Trade. The council shall appraise trade promotion schemes proposed by
presiding bodies and include them in annual national program which is sent to the Minister of
Industry and Trade for approval purpose. The council may invite experts for consultancy during
the appraisal.

c) The Management Committee shall be set up by the Minister of Industry and Trade and leaded
by the Director of Trade Promotion Department. The Management Committee shall provide
guidelines for developing, receiving and generally assessing trade promotion schemes as per
regulations herein, send consolidated scheme to the appraisal council, carry out supervision and
inspection of scheme implementation, send consolidated reports on results of such
implementation to the Minister of Industry and Trade, receive and manage funding for the
program provided by the State.

Article 6. Funding for the program

1. Funding for the program shall be allocated from:

a) State budget provided according to annual plan

b) Contributions from participants in the program

c) Aids from domestic and foreign organizations/individuals

d) Other legal funding sources as per law provisions

2. State budget shall provide funding for the program adhering to the principle that:

a) Funding for the program is given in annual estimate of budget expenditure of the Ministry of
Industry and Trade.

b) Participants in the program receive assistance through the presiding body.

Article 7. Management of funding for national trade promotion


1. The Ministry of Industry and Trade shall prepare a plan and funding estimate, and include it in
annual budget estimate of the Ministry of Industry and Trade then submit such estimate to
competent regulatory agencies for approval purpose in compliance with law provisions.

2. After such estimate is approved by National Assembly and the expenditure estimate is given
by the Ministry of Finance, Minister of Industry and Trade shall grant approval for the program
and funding adhering to the principle that total funding amount for schemes included in the
program shall not exceed the estimated one which has been approved.

3. According to the decision on program approval issued by the Minister of Industry and Trade,
the Trade Promotion Department shall enter into a contract for running schemes included in the
program with presiding bodies and make liquidation and finalization of the funding under
provisions of the signed contract, and directly carry out schemes included in the program under
its own management.

The Minister of Industry and Trade shall stipulate the signing and execution of the aforesaid
contract.

4. The unused amount of funding for national trade promotion provided by state budget in the
planning year shall be added for use in the following year.

5. The Ministry of Finance shall preside over and cooperate with the Ministry of Industry and
Trade in providing guidelines for making the estimate, allocating, using and liquidating funding
for national trade promotion as per law provisions.

Article 8. Trade promotion activities by trade promotion organizations affiliated to People's


Committees of provinces and centrally-affiliated cities

1. Upon consideration of this procedure, People’s Committees of provinces and centrally-


affiliated cities shall set up trade promotion activities and funding for these activities in
consistent with real conditions of provinces and cities and provisions of the law in force on trade
promotion as the basis for trade promotion activities performed by trade promotion organizations
of provinces and cities.

Funding for trade promotion activities in provinces and cities shall be allocated directly from
local government budget and other legal financial sources of provinces and cities.

2. The Minister of Industry and Trade shall consider and approve trade promotion schemes which
are included in the program and run in provinces or cities receiving funding from central
government budget.

Chapter 2.

CONTENTS OF THE PROGRAM AND ASSITANCE RATE

Article 9. Contents of the export-oriented trade promotion program


1. Collect commercial information, conduct market research and establish a database of key
export market for each category of goods;

2. Marketing and advertising:

a) Advertise products and geographical indications in foreign markets

b) Invite the representatives of foreign press agencies to visit Vietnam to write reportage in
newspapers, magazines or on radio, televisions and the Internet for the purpose of promoting the
exports of Vietnam under all-inclusive contracts.

3. Hire domestic and foreign experts to give advice on product development, enhancement of
product quality, export development and entering foreign markets including:

a) all-inclusive contracts signed with the consultant

b) organization of the meeting between domestic and foreign consultants for the purpose of
giving knowledge and advice to the enterprise by the presiding body (including the cost of hall
lease, cost of printing material and hiring translators or interpreters and means of transport)

4. Provide internal and external short-term training courses in trade promotion for:

a) enterprises and cooperatives;

b) governmental and non-governmental trade promotion organizations

5. Organize and participate in trade fairs

a) Organize or participate in overseas exhibitions and fairs (including cost of booth, cost of
general decoration of fair area and decoration of national booth, cost of holding inauguration and
organizing seminar, cost of product performance and allowance given to the official of the
presiding body go on an abroad business trip to hold the trade fair and exhibition):

- A multi-industry fair shall have at least 12 booths according to the standard booth (sized 3m x
3m) and at least 12 participants;

- A single-industry fair shall have at least 7 booths according to the standard booth (sized 3m x
3m) and at least 7 participants;

b) Organize export-oriented fairs and exhibitions in Vietnam (costs including booth constructing
cost, cost of plane lease, cost incurred in design, establishment, power and water services,
hygiene, security, security guards, inauguration, closing ceremony, seminar or management):

- A multi-industry fair shall have at least 300 booths according to the standard booth (sized 3m x
3m) and 150 participants held in centrally-affiliated cities or those having 200 standard booths
and 100 participants held in other areas
- A single-industry fair shall have at least 200 booths according to the standard booth (sized 3m x
3m) and 100 participants held in centrally-affiliated cities or those having 150 standard booths
and 75 participants held in other areas

c) Promote and invite guests to attend fairs and exhibitions specified in Point a and b Clause 5
this Article.

6. Establish overseas commercial transaction delegations (cost including flight ticket cost, cost of
holding seminar and meeting for commercial transactions, cost of disseminating, promoting fairs
and exhibitions and inviting guests to attend such fair and exhibition for transaction with
overseas commercial transaction delegation of Vietnam and allowance given to the official of the
presiding body who is appointed to go on an abroad business trip to hold fair and exhibition):

a) A multi-industry delegation has at least 15 enterprises in no more than 5 industries

b) A single-industry delegations has at least 7 enterprises

7. Run general trade promotion activities (trade activities in connection with investment and
tourism) with the aim of boosting export of goods and services of Vietnam to foreign countries
and attracting investment and foreign tourist to Vietnam.

8. Enable overseas enterprises to come to Vietnam to purchase goods (costs including cost of
carrying out commercial transaction, cost of hiring and decorating hall and equipment, cost of
hiring translators, interpreters, cost of material printing, promotion cost and allowance given to
official of the presiding body who is appointed to accompany the enterprise and allowance for
meals, accommodation and traveling in Vietnam given to the foreign enterprise)

9. Organize international conference in export of Vietnam (costs including hall hiring and
decorating cost, cost of hiring equipment, translators, interpreters, printing material and
promotion cost)

10. Trade promotion activities that have been performed and are effective in expanding export
market, including two-way flight ticket cost, meal and accommodation cost and cost of booth (if
any)

11. Promote and give assistance in entering foreign market for brands of special goods or
services included in the national trade promotion program

12. Other trade promotion activities decided by the Prime Minister

Article 10. Contents of trade promotion program applied to domestic market

1. Organize fairs and exhibitions of general consumer goods or supplies, machinery and
equipment for agricultural and rural development in order to introduce agricultural products of
Vietnam to consumers in an appropriate scale according to each local authority.
2. Carry out sale activities including distributing Vietnamese products to rural areas, industrial
zones and urban areas through enterprises specialized in one product or a set of relevant
products, cooperatives and groups of cooperatives that provide services in domestic market
according to schemes approved by competent authorities.

3. Conduct investigation, survey and research of domestic market, establish a database of


necessary and important goods and study to develop distribution system and commercial
infrastructure. Publications are used to popularize investigation results, survey and popularize
laws and purchase habits.

4. Disseminate to raise people's awareness of Vietnamese goods and services through the media
such as newspapers, e-newspapers, radio, television, publications and other communications

5. Give assistance in planning, management and operation of commercial infrastructure

6. Organize general trade promotion events in domestic market such as sale promotion month,
week for Vietnamese products, Vietnamese product program, program for new product
introduction or selection of the most favorite Vietnamese product per month/quarter/year
according to schemes approved by the Minister of Industry and Trade.

7. Offer short-term training courses in sale skills and retail network creating, enable enterprises
running business in special sector to enroll in professional short-term training courses, provide
training courses in skills for domestic market development for presiding bodies and cooperate
with organizations or individuals in conducting a study to develop domestic market development
programs.

8. Other trade promotion activities for domestic market development decided by the Prime
Minister

Article 11. Contents of trade promotion program for mountainous areas, bordering areas
and islands

1. Develop a system for distribution of Vietnamese products from production areas to


mountainous areas, bordering areas, remote and isolated areas, ethnic areas and islands.

2. Establish and provide information on Vietnamese border checkpoint market and border market
and countries sharing same border as ours.

3. Run activities of goods delivery, receiving and transport and provide services supporting
export through border checkpoints.

4. Carry out commercial transactions and distribute goods to checkpoint economic zone.

5. Set up and develop distribution of Vietnamese products to bordering areas of countries sharing
the same border with our country.
6. Set up activities to improve capacity of traders involved in cross-border export and traders in
mountainous areas, bordering areas, remote and isolated areas, ethnic areas and islands.

7. Organize dissemination, promotion and consumption of goods, especially agriculture products


for mountainous areas, bordering areas, remote and isolated areas, ethnic areas and islands.

8. Other trade promotion activities for mountainous areas, bordering areas, remote and isolated
areas, ethnic areas and islands decided by the Prime Minister.

Article 12. Funding rate

1. 100% funding shall be provided for the activities specified in Point b Clause 3, Point b Clause
4, Point a and c Clause 5, Clause 6, 8, 9 and 10 Article 9, Clause 3, 4 and 7 Article 10 and
Clauses Article 11 in this procedure.
As for the activities specified in Clause 6 and 10 Article 9 herein, each enterprise may receive
funding for business trip of one person. As for the activities specified in Point a Clause 5, 6 and 8
Article 9 herein, funding for business trip shall be provided for one person of the presiding body
who accompanies the delegation to hold the fair and exhibition for the delegation of fewer than 8
enterprises; provided for two persons for delegation having from 8 to 15 enterprises, three
persons for delegation having from 16 to 30 enterprises and four persons for delegation having
from 31 to 50 enterprises and five persons for delegation having at least 51 enterprises.

2. 70% of funding shall be provided for the activities specified Clause 1 and 2, Point a Clause 3
and 7 in Article 9 and Clause 2 Article 10 herein.

3. 50% of funding shall be provided for the activities specified in Point a Clause 4, Point b
Clause 5 Article 9, Clause 1, 5 and 6 Article 10 herein.

4. The Ministry of Industry and Trade shall preside over and cooperate with the Ministry of
Finance in setting up regime for a pilot program for provision of fixed funding for eligible trade
promotion activities.

Chapter 3.

DEVELOPING AND RUNNING THE PROGRAM

Article 13. Preparing national trade promotion schemes

1. Presiding bodies shall prepare national trade promotion schemes according to the form
stipulated by the Ministry of Industry and Trade.

2. National trade promotion schemes shall satisfy the following requirements:

a) Be suitable for real demand of the enterprise;


b) Be in consistent with national export-oriented strategy and the line of business approved by
competent authorities;

c) Be suitable for the strategy and planning to develop economic zones, economic sectors and
local authorities approved by the Government;

d) Be conformable to contents of the program prescribed in Article 9, 10 and 11herein;

dd) Ensure feasibility in respect of operating method, operation time and progress, personnel,
finance and technical facility;

e) As for the scheme which is operated in more than 2 fiscal years, the presiding body must
prepare annual contents and funding for such scheme.

Article 14. Receiving and assessing schemes

1. Presiding bodies shall submit the schemes to the Management Committee before May 15 of
the year preceding the planning year.

2. According to criteria for selecting national trade promotion scheme, the Management
Committee shall assess contents of schemes and send a consolidated scheme to the appraisal
council.

Article 15. Appraising and approving schemes

1. The appraisal council shall appraise the consolidated scheme submitted by the Management
Committee.

2. Upon consideration of the appraisal result provided by the appraisal council, the Management
Committee shall send consolidated report to the Minister of Industry and Trade for approval
purpose.

Article 16. Adjusting and terminating schemes

1. In case scheme adjustment or termination is approved, presiding bodies must send a proposal
of adjustment method with explanation for adjustment to the Management Committee.

2. If it is necessary to adjust the scheme for the purpose of meeting requirements and particular
situation, the Management Committee shall submit the proposal of the presiding body to the
Minister of Industry and Trade for consideration and ratification.

3. In case it is found that the presiding body fails to carry out the scheme according to the
objective and progress approved or contents of such scheme is found no longer acceptable, the
Management Committee shall submit the proposal to the Minister of Industry and Trade for
considering and deciding to terminate the scheme.
4. If failing to carry out or complete the national trade promotion scheme in the planning year,
the presiding body shall notify such failure to the Management Committee for them to send
proposal to the Minister of Industry and Trade for consideration and decision making.

5. After the decision on scheme adjustment or termination is issued, the Ministry of Industry and
Trade shall distribute the unused funding amount provided to such scheme (if any) to new
schemes or schemes requiring further funding which are approved by competent authorities.

Chapter 4.

IMPLEMENTATION AND VIOLATION HANDLING

Article 17. Responsibilities and rights of the Ministry of Industry and Trade

1. Preside over the instruction giving and implementation of this procedure.

2. Preside over and cooperate with relevant agencies in supervising and checking implementation
of this program and ensure the program is run on schedule meeting requirements and objectives
in compliance with law provisions.

3. Take charge of monitoring and making consolidated reports on implementation results as well
as notifying the Prime Minister of issues not mentioned in this procedure or those beyond its
power.

4. Send consolidated reports on the result of procedure adoption to the Prime Minister for
consideration and ratification of adjustment where necessary.

5. Not receive schemes for the following years proposed by the presiding body failing to perform
obligations specified in Clause 1, 2, 3 and 4 Article 19 herein.

6. Suspend the presiding body failing to perform the obligation specified in Clause 5 Article 19
herein from participating in the program for the next 3 years.

Article 18. Responsibilities of relevant ministries and local authorities

Relevant ministries and local authorities shall cooperate with the Ministry of Industry and Trade
and presiding bodies in running national trade promotion schemes in an effective manner with
the aim of strengthening cooperation in economy, commerce, investment and tourism with
countries hosting trade fairs and exhibitions.

Article 19. Responsibilities of presiding bodies

1. Run approved schemes on schedule according to the objectives and estimates agreed in the
signed contract, ensure funding use in an economic and effective manner and take responsibility
for the expenditure under the current financial regime.
2. As for the scheme having various participants, the presiding body shall cooperate and assign
the participants to perform each task of the scheme.

3. Take responsibility to select participants meeting the criteria committed in the scheme. The
participation of the enterprise must be suitable for products and services provided by such
enterprise.

4. Send reports on implementation of schemes to the Management Committee once every six
months (before July 31 for the first six month of the year and before December 31 for the whole
year) and send relevant reports to participants in the schemes.

5. Provide all material and information concerning implementation of the scheme in an honest
manner and facilitate the inspection and supervision as prescribed in Article 17 herein.

Article 20. Violation handling

1. Any organization and individual violating this procedure may incur penalties as per law in
force according to the seriousness of their violation.

2. The Minister of Industry and Trade shall not consider and approve the trade promotion scheme
for the following year proposed by the presiding body that fails to make liquidation and
finalization of the funding under provisions of the contract prescribed in this procedure./.

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