Decision No. 30/2019/QD-TTg dated October 08, 2019 on promulgating the Regulation on Development, Management and Implementation of the Vietnamese National Brand Program

DECISION

PROMULGATING THE REGULATION ON DEVELOPMENT, MANAGEMENT AND IMPLEMENTATION OF THE VIETNAMESE NATIONAL BRAND PROGRAM

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 on functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 28/2018/ND-CP dated March 01, 2018 elaborating the Law on Foreign Trade Management regarding some measures for foreign trade development;

At the request of the Minister of Industry and Trade;

The Prime Minister promulgates a Decision on the Regulation on Development, Management and Implementation of the Vietnamese National Brand Program.

Article 1.Promulgating together with this Decision is the Regulation on Development, Management and Implementation of the Vietnamese National Brand Program.

Article 2.This Decision takes effect from December 01, 2019.

Article 3. Ministers, heads of ministerial-level agencies, heads of Governmental agencies and Chairpersons of People’s Committees of provinces and central-affiliated cities shall implement this Decision.

REGULATION

ON DEVELOPMENT, MANAGEMENT AND IMPLEMENTATION OF THE VIETNAMESE NATIONAL BRAND PROGRAM
(Enclosed with the Prime Minister’s Decision No. 30/2019/QD-TTg dated October 08, 2019)

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Regulation provides for the development, management and implementation of the Vietnamese National Brand Program (hereinafter referred to as “the Program”).

Vietnamese industry brand development programs shall be implemented according to regulations of Articles 16, 17 and 19 of the Government’s Decree No. 28/2018/ND-CP dated March 01, 2018 elaborating the Law on Foreign Trade Management regarding some measures for foreign trade development.

2. This Regulation is applicable to units in charge of the schemes affiliated to the Program (hereinafter referred to as “units in charge of schemes”), the Program’s management body and relevant regulatory bodies, organizations, enterprises and individuals.

Article 2. Principles of development, management and implementation of the Program

1. Boost foreign trade and promote Vietnam’s national image and national brands via products awarded the “Vietnamese National Brand” title in a manner appropriate to the socio-economic development strategy of each period of time.

2. Secure resources to implement the Program according to its targets and central and local implementing capabilities; encourage the social community to participate in and contribute to the development and implementation of the Program.

3. Ensure transparency in management and operation of the Program’s activities.

Article 3. The Program’s management body and units in charge of schemes

1. The Program shall be under the management of the Ministry of Industry and Trade.

2. The units in charge of schemes are the ministries and regulatory bodies assigned the implementation of the schemes affiliated to the Program as prescribed in Chapter II herein.

Article 4. Funding

1. The Program is funded by the following sources:

a) Annual state budget allowances;

b) Contribution from participating organizations and enterprises;

c) Sponsorship from domestic and foreign organizations and individuals;

d) Other legal sources as prescribed by law.

2. State funding for the Program which is a part of the cost estimate for annual expenses of the Ministry of Industry and Trade shall cover the following:

a) The contents prescribed in Article 5 herein;

b) Program management activities;

c) Other contents not provided for in Points a and b of this Clause shall be considered and decided by the Prime Minister.

Chapter II

PROGRAM DEVELOPMENT AND IMPLEMENTATION

Section 1. PROGRAM DEVELOPMENT

Article 5. Programs contents

1. Formulating targets, strategies and contents of the Program for each period of time.

2. Developing the Program’s criteria.

3. Protecting the logo and brand identity of the “Vietnamese National Brand” title domestically and overseas.

4. Supporting enterprises in developing products that meet the criteria of the “Vietnamese National Brand” title, including:

a) Researching and evaluating the need and possibility for applying the criteria of the “Vietnamese National Brand” title to enterprises;

b) Providing information to enterprises;

c) Providing training and consultancy to enterprises that are developing products.

5. Assisting enterprises with domestic and overseas branding and brand protection, including:

a) Providing consultancy on branding to enterprises;

b) Providing consultancy on domestic and overseas protection of intellectual property rights to enterprises;

c) Organizing events, seminars, conferences and training courses.

6. Domestic and overseas promotional activities for the Program, including:

a) Hiring domestic and foreign consultancies and consultants to develop and promote Vietnam's national brands;

b) Conducting market research to identify the orientation for marketing communication activities;

c) Promoting the Program and enterprises whose products are awarded the “Vietnamese National Brand” title in foreign affairs, economic, trade or trade - investment - tourism promotional events and via mass media;

d) Designing and publishing promotional contents; developing and maintaining multilingual web portals and application software for the Program;

dd) Organizing seminars, conferences and forums to promote the Program domestically and overseas;

e) Organizing Vietnamese National Brand Week domestically and overseas;

g) Organizing award ceremonies to introduce the enterprises whose products are awarded the “Vietnamese National Brand” title.

7. The Ministry of Industry and Trade shall take charge and cooperate with other ministries and regulatory bodies in implementing the contents prescribed in Clauses 1, 2 and 3 and Points e and g Clause 6 of this Article.

8. Units in charge of schemes shall carry out the contents prescribed in Clause 4 and Points a and c Clause 5 to assist the Program’s applicants or potential applicants with meeting the Program’s criteria.

9. Units in charge of schemes shall carry out the contents prescribed in Point b Clause 5 and Points a, b, c, d and dd Clause 6 herein to support the enterprises whose products are awarded the “Vietnamese National Brand” title.

Article 6. Procedures for development, approval and modification of schemes affiliated to the Program

1. Units in charge of schemes shall develop the schemes following the procedures prescribed in Clause 1; Points a and b Clause 2 and Clause 3 Article 10 of the Decree No. 28/2018/ND-CP.

2. The Ministry of Industry and Trade shall appraise the schemes proposed by the units in charge of schemes on the basis of:

a) Sectorial trade promotion strategies approved by competent authorities;

b) Annual or ad hoc specific orientations of the council for Vietnamese National Brand;

c) Needs of organizations and enterprises.

3. Based on comments from the council for Vietnamese National Brand on the list of schemes proposed by units in charge of schemes, the Minister of Industry and Trade shall decide to approve the list of schemes following the procedures prescribed in Clause 6 Article 10 of the Decree No. 28/2018/ND-CP before July 15 of the year prior to the year of implementation.

4. Addition to the approved scheme list shall be carried out according to the procedures prescribed in Clauses 1, 2 and 3 herein.

5. An approved scheme may be modified according to the procedures prescribed in Article 13 of the Decree No. 28/2018/ND-CP.

6. The Ministry of Industry and Trade shall inspect the progress, contents and funding of the schemes to make adjustment or reclaim excessive funding and approve modification to the schemes affiliated to the Program.

Section 2. PROGRAM IMPLEMENTATION

Article 7. Implementing organization

1. In accordance with the Minister of Industry and Trade’s Decision giving approval for a scheme, the contracts for assignment of implementation of the scheme and reports on such implementation shall be carried out following the procedures prescribed in Articles 12 and 14 of the Decree No. 28/2018/ND-CP.

2. Units in charge of schemes shall contract organizations and individuals to carry out the work items of the scheme.

3. The Minister of Industry and Trade shall establish a council for Vietnamese National Brand (hereinafter referred to as “the Council”), a secretariat and an expert team for the Program and promulgate the operating regulation of such bodies.

4. The Council has the Minister of Industry and Trade as its chairperson; and heads of relevant ministries and regulatory bodies as its deputy chairpersons and members. The Council shall have the following functions and tasks:

a) Identifying the orientation and developing the targets and strategies for implementation of the Program in each period of time;

b) Commenting on list of schemes affiliated to the Program proposed by units in charge of schemes;

c) Commenting on list of products qualified for the “Vietnamese National Brand” title.

5. The secretariat, whose chairperson is the head of a trade promotion authority affiliated to the Ministry of Industry and Trade, shall have the following functions and tasks:

a) Supporting the Council and the Program’s management body in organizing the implementation of the Program;

b) Reporting such organization to the Council and the Program’s management body.

6. The expert team, whose members include representatives of relevant ministries and regulatory bodies and independent experts, shall have the following functions and tasks:

a) Providing consultancy related to the Program;

b) Participating in selecting the products qualified for the “Vietnamese National Brand” title at the request of the Program’s management body.

Article 8. Assessment for and award of the “Vietnamese National Brand” title

1. Assessment for and award of the “Vietnamese National Brand” title shall take place every 02 years and in an even-numbered year.

2. Each enterprise shall submit 03 copies of its application for the “Vietnamese National Brand” title to the Ministry of Industry and Trade before March 31 of the assessment year:

a) By post; or

b) Directly at the office of the Ministry of Industry and Trade; or

c) Via the online public service portal of the Ministry of Industry and Trade.

3. An application for the “Vietnamese National Brand” title includes the following documents, which are not required to be certified as true:

a) An application for the “Vietnamese National Brand” title, which is made using Form No. 01 of the Appendix enclosed therewith;

b) A copy of the confirmation that the enterprise has fulfilled all tax liabilities in the 2 consecutive years prior to the assessment year issued by a tax authority;

c) A copy of the confirmation that the enterprise has paid all of its social insurance in the 2 consecutive years prior to the assessment year issued by a social insurance authority;

d) A copy of an unexpired collective labor bargain registered at a labor authority;

dd) Copies of periodical reports on environmental monitoring findings as prescribed by law of the 2 consecutive years prior to the assessment year;

e) Copies of the enterprise’s audited financial statements of the 2 consecutive years prior to the assessment year;

g) A copy of an unexpired certificate of intellectual property right protection issued by a competent authority for the product being assessed;

h) A copy of an unexpired document on quality of the product being assessed as prescribed by law;

i) A copy of the certificate of compliance with the ISO 9001 quality management system or an equivalent quality management system;

k) Copies of certificates of compliance with ISO 14001, ISO 22000, ISO 17025, SA 8000, OHSAS 18001, HACCP, GMP, VietGap, Global Gap standards and copies of periodical assessment records or equivalent (if any);

l) Copies of brand reputation and/or quality award certificates (if any).

4. Within 07 working days from the date of receipt of the enterprise’s application, if the application lacks any of the documents prescribed in Clause 3 herein, the Program’s management body shall inform the enterprise in writing (using Form No. 02 of the Appendix enclosed therewith) so that the enterprise can complete its application. The enterprise shall complete the application before May 01 of the assessment year.

5. Before September 30 of the assessment year, the Program’s management body shall inform the results of the assessment for the “Vietnamese National Brand” title to enterprises (using Form No. 03 of the Appendix enclosed therewith).

6. The result of the assessment for the “Vietnamese National Brand” title is valid for 02 years from the date on which the Minister of Industry and Trade promulgates the decision on recognition of the list of products awarded the “Vietnamese National Brand” title.

7. Before November 15 of each year, an enterprise owning a product awarded the “Vietnamese National Brand” title shall submit a report on its compliance with regulations and provisions of the Program to the Ministry of Industry and Trade via email or by post or directly at the premises of the trade promotion authority affiliated to the Ministry of Industry and Trade, which is made using Form No. 04 of the Appendix enclosed therewith.

Article 9. Logo of Vietnamese National Brand

1. Enterprises whose products are awarded the “Vietnamese National Brand” title may use the Vietnamese National Brand’s logo and brand identity.

2. The Minister of Industry and Trade shall promulgate a regulation on management and use of the Vietnamese National Brand’s logo.

Article 10. Revocation of the “Vietnamese National Brand” title of a product

The Ministry of Industry and Trade may consider and revoke the “Vietnamese National Brand” title of a product if the enterprise owning the product:

1. Produces fake or fraudulent documents during the preparation or submission of the application for the Program.

2. Damages Vietnam’s reputation/image or the “Vietnamese National Brand” title domestically and overseas.

3. Misuses Vietnam’s image or the “Vietnamese National Brand” title for personal gain or legal violations.

4. Violates the regulation prescribed in Clause 2 Article 9 herein.

5. Is involved in legal proceedings or imposed an administrative penalty with aggravating circumstances by a competent authority.

6. Is dissolved or declared bankrupt.

Chapter III

IMPLEMENTATION

Article 11. Responsibilities of the Ministry of Industry and Trade

1. The Ministry of Industry and Trade shall:

a) Organize the formulation of the targets, strategies and contents of the Program for each period of time and submit to the Prime Minister for approval;

b) Take charge and cooperate with relevant ministries and regulatory bodies in formulating the Program’s criteria;

c) Directly develop and carry out the schemes affiliated to the Program within its competence;

d) Provide guidelines on scheme development, receipt, appraisal and approval and on concluding contracts with units in charge of schemes as prescribed in this Regulation;

dd) Compile and calculate cost estimate for management and implementation of the Program, incorporate such cost estimate into its total cost estimate and submit to a competent authority according to regulations of the Law on Budget;

e) Take charge and cooperate with relevant bodies in inspecting and supervising the implementation of the schemes affiliated to the Program and compliance with the Program’s regulations of the Program’s participants;

g) The Minister of Industry and Trade has the power to establish the Council, secretariat and expert team for the Program and promulgate the operating regulation of such bodies. The Vietnam Trade Promotion Agency shall assist the Minister of Industry and Trade with this task;

h) The Minister of Industry and Trade shall decide recognition of the list of products qualified for the “Vietnamese National Brand” title. The Vietnam Trade Promotion Agency shall assist the Minister of Industry and Trade with the administrative procedures prescribed in Article 8 herein;

i) Submit annual reports on result evaluation using Form No. 05 in the Appendix enclosed therewith to the Prime Minister via the interlinked electronic document system before December 25 of each year;

k) Cooperate with organizations and individuals in mobilizing the resources for the Program’s activities;

l) Manage and use funding according to applicable financial regimes.

2. The Ministry of Industry and Trade shall take charge and cooperate with other ministries, ministerial-level agencies, People’s Committees of provinces and central-affiliated cities and relevant organizations and enterprises in implementing this Regulation.

Article 12. Responsibilities of other ministries, regulatory bodies and People’s Committees of provinces and central-affiliated cities

1. The Ministry of Finance shall:

a) Take charge and cooperate with the Ministry of Industry and Trade in providing guidelines on cost estimate calculation, funding allocation and use, payment and statements for the Program as prescribed by law;

b) Stipulate tax and customs procedures according to Point g Clause 3 Article 18 of the Decree No. 28/2018/ND-CP.

2. Other ministries and ministerial-level agencies shall:

a) Propose and develop schemes according to the Program’s contents and cooperate in implementing such schemes within their competence;

b) Submit annual scheme progress reports using Form No. 06 in the Appendix enclosed therewith to the Ministry of Industry and Trade via the interlinked electronic document system before November 15 of each year as prescribed in Clause 1 Article 7 herein.

3. People’s Committees of provinces and central-affiliated cities shall develop and carry out the activities oriented by the Program with funds from local budget./.