LEGAL TOPICS: OVERVIEW OF SMALL AND SMALL ENTERPRISES

According to Law No. 04/2017/QH14 Supporting small and medium enterprises: “Small and medium enterprises include  micro enterprises ,  small enterprises  and  medium enterprises .” So, what kind of businesses are called micro enterprises, small enterprises and medium enterprises? Does the State have any support policies for these businesses? This article will give an overview of the legal provisions related to micro, small and medium enterprises.

        Scale 

 

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area

Micro business Small Business Medium Enterprise
Average number of employees participating in social insurance per year Total revenue of the year / Total resources Average number of employees participating in social insurance per year Total revenue of the year / Total resources Average number of employees participating in social insurance per year Total revenue of the year / Total resources
Agriculture, forestry, fisheries, industry, construction No more than 10 people Total revenue of the year is not more than 3 billion VND or total capital is not more than 3 billion VND No more than 100 people Total revenue of the year is not more than 50 billion VND or total capital is not more than 20 billion VND No more than 200 people Total revenue of the year is not more than 200 billion VND or total capital is not more than 100 billion VND
Trade in Services No more than 10 people No more than 50 people Total revenue of the year is not more than 100 billion VND or total capital is not more than 50 billion VND No more than 100 people Total revenue of the year is not more than 300 billion VND or total capital is not more than 100 billion VND

2.Policies to support small and medium enterprises

Small and medium enterprises enjoy a wide range of support from the Government, including information, consulting and legal support; support human resource development.

2.1. Information support, legal advice

The Government establishes a network of consultants and publishes information about this network of consultants on the National Portal to support small and medium enterprises, websites of ministries and ministerial-level agencies. Based on that, enterprises will access information and choose consultants or consulting organizations and consulting services suitable to the needs of enterprises.

When using consulting services of this network, small and medium enterprises will be supported as follows:

– Micro enterprises are supported 100% of the consulting contract value, but not exceeding 03 million VND per year;

– Small businesses are entitled to a maximum reduction of 30% of the consulting contract value, but not more than 05 million VND per year;

– A medium-sized enterprise is entitled to a maximum reduction of 10% of the consulting contract value, but not more than VND 10 million a year;

2.2. Support human resource development

  • Support business start-up training and business administration:

– The state budget supports at least 50% of the total cost of a training course on business start-up and business administration for small and medium-sized enterprises;

– Students of small and medium-sized enterprises in extremely difficult socio-economic areas and female-owned small and medium-sized enterprises are exempted from tuition fees to attend training courses.

  • Vocational training support:

Small and medium enterprises, when sending workers to attend elementary level training courses or training programs of less than 3 months, are exempt from training costs. The remaining expenses shall be agreed upon by the small and medium enterprises and the employees. Employees participating in the training course must meet the following conditions:

– Have worked in small and medium enterprises for at least 06 consecutive months;

– Not more than 50 years old for men, 45 years old for women.

  • Support direct training at small and medium enterprises

– Small and medium enterprises operating in the field of production and processing are supported with 50% of the total cost of a direct training course at the enterprise but not more than once a year;

– The training course directly at the enterprise has a minimum of 10 students.

2.3. Support small and medium enterprises to convert from household businesses

Business households when converting to small and medium-sized enterprises will be eligible for the following support policies:

  • Support consulting, guiding documents, business establishment procedures:  free advice and guidance.
  • Support for business registration, business information disclosure:  exemption from the fee for first-time business registration at the business registration office; free to publish the contents of business registration for the first time at the National Business Registration Portal.
  • Support for appraisal and licensing of business for the first time:  free of charge for appraisal, fee for first-time business license for conditional business lines.
  • License fee support:  license fee exemption for 03 years from the date of first issuance of the Business Registration Certificate.
  • Support for consulting and guiding tax administrative procedures and accounting regimes:  free advice and guidance on tax administrative procedures and accounting regimes within 3 years from the date of issuance of the Registration Certificate. business registration for the first time.

2.4. Supporting innovative small and medium businesses

  • Conditions and methods of selection to participate in the Scheme to support small and medium-sized enterprises:

An innovative small and medium-sized enterprise is a small and medium-sized enterprise established to implement an idea on the basis of exploiting intellectual property, technology, and a new and fast-growing business model.

Innovative start-up SMEs are supported if they meet the following conditions:

– Having operated for not more than 5 years from the date of first issuance of the Certificate of Business Registration;

– Public offering of securities has not been made for joint-stock companies.

Enterprises meeting the above conditions will be selected to participate in the Scheme to support small and medium enterprises through the following methods:

– Invested, selected by the co-working zones; innovative start-up support organizations, service providers, technical establishments, incubators, and business promoters; Innovative start-up investment funds; or

– Receive national and international awards for innovative startups or innovative products and projects; or

– To be granted a certificate or title of protection for an invention or invention; or

– Being granted the Certificate of Science and Technology Enterprise, Certificate of High-Tech Enterprise; or

– Directly selected by the Council established by the agency in charge of the scheme.

  • Supported content:

Innovative start-up SMEs will be supported in the following ways:

– Consulting support on intellectual property; exploitation and development of intellectual property;

– Support the implementation of procedures on standards, technical regulations, measurement, quality; testing and perfecting new products and new business models;

– Support on application, technology transfer;

– Support in training, information, trade promotion, commercialization;

– Support in the use of technical facilities, incubators, and co-working areas.

2.5 . Support small and medium enterprises to join clusters and value chains

  • Criteria for selection of industry clusters and value chains:

The selection of cluster clusters, value chains in the field of production and processing to support small and medium enterprises participating must meet one of the following criteria:

– High contribution to the gross domestic product (GDP) of the country or region; or

– Create jobs for workers; or

– Create high added value; or

– There is a large density of participating businesses.

Small and medium-sized enterprises participating in industry clusters or value chains in the field of production and processing are supported if they meet one of the following conditions:

– Create products with competitive advantages in terms of quality and cost; or

– There is innovation in technological processes, materials, components, machines and equipment.

Enterprises meeting the above conditions will be selected to participate in the Scheme to support small and medium enterprises through the following methods:

Having cooperation and association contracts with leading enterprises in industry clusters and value chains.

– There is a contract to buy input materials together.

– There is a contract for the general sale of products.

– Jointly build and use regional brands.

  • Supported content:

Supported areas include:

– Support training;

– Support production and business linkages:;

– Support brand development, market expansion;

– Consulting on standards, technical regulations, measurement, quality;

– Support to carry out the procedures of trial production, inspection, assessment and quality certification.

The above is an overview of small and medium-sized enterprises as well as some of the Government’s support policies for these businesses. This is the content that small and medium-sized businesses need to pay attention to in order to make the most of the Government’s support, contributing to promoting the development of enterprises.

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