THE MINISTRY OF PLANNING AND INVESTMENT
Circular No. 13/2015/TT-BKHDT dated October 28, 2015 of the Ministry of Planning and Investment issuing the list of areas entitled to the prioritized assistance and criteria for selection of subjects entitled to the prioritized assistance of Development Fund for small and medium-sized enterprises
Pursuant to the Investment Law dated November 26, 2014;
Pursuant to the Enterprise Law dated November 26, 2014;
Pursuant to Decree No. 116/2008/ND-CP dated 14/11/ 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;
Pursuant to Decree No. 56/2009/ND-CP dated 30/6/2009 of the Government on development assistance to small and medium-sized enterprises;
Pursuant to Decision No. 601/QD-TTg dated April 17, 2013 by the Prime Minister on the establishment of the small and medium-sized enterprise development Fund;
At the request of the Director of small and medium-sized enterprise development Fund;
The Minister of Planning and Investment issues the list of areas entitled to the prioritized assistance and criteria for selection of subjects entitled to the prioritized assistance of small and medium-sized enterprise development Fund.
Ch apter I
GENERAL PROVISIONS
Article 1. Scope of application
1. This Circular provides for the areas entitled to the prioritized assistance and criteria for selection of subjects entitled to the prioritized assistance of small and medium-sized enterprise development Fund established under the Decision No. 601/QD-TTg dated 17/4/2013 of the Prime Minister (hereafter referred to as Decision No. 601/QD-TTg).
2. Dossier and procedure for appraisal and decision on loan from the Fund shall comply with the instructions of the Fund Management Council.
Article 2. Subjects of application
1. This Circular applies to:
a) The small and medium-sized enterprises established under the regulations of law and meeting the criteria specified in Article 3 of this Circular;
b) Small and medium-sized enterprise development Fund (hereafter referred to as Fund);
c) Vietnam Development Bank and the commercial banks meeting the conditions for entrusted loan from the Fund (hereafter referred to as bank);
d) Other relevant bodies, organizations and individuals.
2. This Circular does not apply to the state-owned enterprises.
Article 3. Criteria for identifying small and medium-sized enterprises
1. The small and medium-sized enterprises entitled to the assistance from the Fund (hereafter referred to as Enterprise) are the enterprises with size and business and production area specified in Clause 1, Article 3 of Decree No. 56/2009/ND-CP dated 30/6/2009 of the Government on assistance to the small and medium-sized enterprises.
2. The scale and business and production sector of the Enterprise specified in Clause 1 of this Article are defined as follows:
a) For the Enterprise with different business lines, business and production sector of the Enterprise is defined by the sector with highest total capital or total labor force. For newly-established enterprises without their financial statement, the business and production sector is defined by their business line which the Enterprise has registered with the business registration body.
b) The total capital of the Enterprise is the total capital or total assets in the balance sheet in the last yearly financial statement of the Enterprise. For newly established Enterprise without financial statement, the total capital is the charter capital specified in the Certificate of enterprise registration.
c) A number of employees is the average employees of the last financial year calculated by the average number of employee specified in the monthly salary and wage payment sheet of the Enterprise. These criteria do not apply to the newly-established enterprises.
