Decree No. 240/2026/ND-CP dated June 26, 2026 of the Government of Vietnam elaborating and providing measures for the implementation of certain provisions on mechanisms and policies for mobilizing resources to build and operate the free trade agreement utilization ecosystem and the sector export promotion fund under national assembly resolution No. 250/2025/QH15 dated December 10, 2025 on certain specific mechanisms and policies to enhance the effectiveness of international integration
Date: 6/26/2026
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THE GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 240/2026/ND-CP
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Hanoi, June 26, 2026
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DECREE
ELABORATING AND PROVIDING MEASURES FOR THE IMPLEMENTATION OF CERTAIN PROVISIONS ON MECHANISMS AND POLICIES FOR MOBILIZING RESOURCES TO BUILD AND OPERATE THE FREE TRADE AGREEMENT UTILIZATION ECOSYSTEM AND THE SECTOR EXPORT PROMOTION FUND UNDER NATIONAL ASSEMBLY RESOLUTION NO. 250/2025/QH15 DATED DECEMBER 10, 2025 ON CERTAIN SPECIFIC MECHANISMS AND POLICIES TO ENHANCE THE EFFECTIVENESS OF INTERNATIONAL INTEGRATION
Pursuant to the Law on Organization of the Government No. 63/2025/QH15;
Pursuant to National Assembly Resolution No. 250/2025/QH15 on certain specific mechanisms and policies to enhance the effectiveness of international integration;
At the proposal of the Minister of Industry and Trade;
The Government hereby issues a Decree elaborating and providing measures for the implementation of certain provisions on mechanisms and policies for mobilizing resources to build and operate the FTA Utilization Ecosystem and the Sector Export Promotion Fund under National Assembly Resolution No. 250/2025/QH15 dated December 10, 2025 on certain specific mechanisms and policies to enhance the effectiveness of international integration.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree elaborates clause 2 Article 9 and Article 13 of National Assembly Resolution No. 250/2025/QH15 dated December 10, 2025 on certain specific mechanisms and policies to create resources for the development and operation of the FTA Utilization Ecosystem (hereinafter referred to as the FTA Utilization Ecosystem) and the Sector Export Promotion Fund with a view to enhancing the effectiveness of international integration.
Article 2. Regulated entities
1. Agencies and organizations operating in the fields of external affairs and international integration within the political system; enterprises, cooperatives, household businesses, and sector and trade associations participating in international integration activities and the Sector Export Promotion Fund.
2. Other agencies and organizations involved in international integration activities.
Article 3. Definitions
1. The FTA Utilization Ecosystem is a coordination and connectivity mechanism linking the stakeholders involved in utilizing the free trade agreements (FTAs) to which Vietnam is a party. These stakeholders comprise: enterprises, cooperatives, household businesses, business associations and sector associations; and central and local regulatory agencies.
2. The Sector Export Promotion Fund is a fund established by sector associations with a high export share to promote research, development and innovation; brand building; trade defense support; and compliance with the technical and environmental standards of foreign partners.
3. A sector association with a high export share is a sector association in which the ratio of member export value to total member revenue exceeds 30%.
Chapter II
RESOURCES AND MECHANISMS FOR THE MANAGEMENT AND USE OF RESOURCES WITHIN THE FTA UTILIZATION ECOSYSTEM
Article 4. Resources for the development and operation of the FTA Utilization Ecosystem
1. Facilitation and support resources serving the organization and operation of the FTA Utilization Ecosystem.
2. Financial resources, comprising state budget funds and other lawful sources in accordance with law.
3. Information, data, digital infrastructure, systems and physical facilities serving conformity assessment and technical standards and regulations, supporting enterprises in monitoring and complying with FTA commitments and provisions, and forecasting market trends.
4. Human resources, comprising officials, civil servants, public employees, experts and organizations participating in the development, operation and support of the FTA Utilization Ecosystem.
5. Resources from networks of intermediary organizations, service support providers, sector associations, credit institutions, training institutions, research organizations, conformity assessment bodies, consultancy organizations and other stakeholders participating in the support, connectivity and operation of the FTA Utilization Ecosystem in accordance with law.
6. The State encourages the mobilization of private sector resources, public-private partnership resources, and lawful sponsorship, aid and technical assistance from domestic and foreign organizations and individuals for the development, operation and advancement of the FTA Utilization Ecosystem.
Article 5. General principles for ensuring, managing and using resources of the FTA Utilization Ecosystem
1. The establishment, management and use of resources supporting the development and operation of the FTA Utilization Ecosystem shall be carried out in a focused and prioritized manner and in accordance with a roadmap, with a view to enhancing the effectiveness of FTA utilization, promoting exports toward high value added and sustainable development, and in a manner consistent with the balancing capacity of the state budget.
2. Resources shall be mobilized from diverse sources comprising the state budget, the private sector and international sources.
3. The facilitation mechanism and classification of participating stakeholders shall be applied on the basis of risk management, compliance status, ex-post inspection mechanisms, periodic or ad hoc inspection and supervision by competent authorities, transparency of information, and meeting the requirements of digital transformation and green transition in a manner suited to the readiness and sectoral characteristics of enterprises; priority shall be given to foundational and shared digital solutions such as digital governance, traceability, e-commerce, cybersecurity, data and artificial intelligence; and technology support shall be linked to training and digital skills development for enterprises.
4. The application of the facilitation and support mechanism shall not give rise to tax incentives, export subsidies or other forms of support that contravene the provisions of law and international commitments to which Vietnam is a party.
5. The facilitation and support mechanism shall be applied in accordance with the principles of fairness and transparency, ensuring that support reaches eligible entities for the proper purposes, is effective and economical, and that the management and use of resources are subject to strict control. The rollout of mechanisms and policies must ensure compliance with legal regulations, and prevent and combat negative conduct, waste and policy abuse; violations occurring in the course of implementation shall be promptly detected and handled in accordance with regulations.
6. The application of mechanisms under this Decree must ensure no overlap with programs, schemes or tasks already approved by competent authorities; must be non-discriminatory; and must be consistent with the legal regulations and international commitments of Vietnam.
Article 6. Criteria for determining membership of the FTA Utilization Ecosystem
1. The criteria groups for determining membership of the FTA Utilization Ecosystem comprise:
a) Criteria group 1: Legal status and operational capacity;
b) Criteria group 2: Level of relevance and need for FTA utilization;
c) Criteria group 3: Readiness to participate, connect and comply.
2. The specific criteria, mandatory criteria, scoring criteria, application documents, supporting materials and scoring scale for each group of stakeholders specified in clause 1 of this Article are set out in detail in Appendix I issued together with this Decree.
3. The Ministry of Industry and Trade shall organize the assessment of registration applications to participate in the FTA Utilization Ecosystem by examining mandatory conditions combined with scoring of the assessment criteria specified in Appendix I issued together with this Decree. The scoring scale is 100.
4. Enterprises, cooperatives and household businesses registering to participate in the FTA Utilization Ecosystem shall be recognized as Ecosystem members upon satisfying all mandatory criteria and achieving the minimum score prescribed as follows:
a) For enterprises: 65 points or above;
b) For cooperatives: 55 points or above;
c) For household businesses: 50 points or above.
5. Registration applications to participate in the FTA Utilization Ecosystem shall be processed in accordance with the principle of maximum simplification of required application documents, increased self-declaration and commitment by the registering entity, and ex-post inspection during participation in the Ecosystem.
Article 7. Criteria for selecting members of the FTA Utilization Ecosystem eligible for support
1. Enterprises, cooperatives and household businesses already recognized as members of the FTA Utilization Ecosystem under Article 6 of this Decree shall be considered for support upon satisfying the following criteria groups:
a) Criteria group 1: Level of necessity of the support;
b) Criteria group 2: Capacity to absorb and effectively use the support;
c) Criteria group 3: Economic-social effectiveness and potential for spillover impact;
d) Criteria group 4: Commitment to fulfilling objectives, reporting obligations, ex-post inspection and regulatory compliance.
2. The specific criteria, mandatory criteria, scoring criteria, application documents, supporting materials and scoring scale for each group of stakeholders specified in clause 1 of this Article are set out in Appendix II issued together with this Decree.
3. People's Committees of provinces and centrally-affiliated cities (hereinafter referred to as province-level People's Committees) shall organize the assessment and selection of members of the FTA Utilization Ecosystem eligible for support by examining mandatory conditions combined with scoring of the assessment criteria specified in Appendix II issued together with this Decree. The scoring scale is 100.
4. Conditions for eligibility for support shall be determined as follows:
a) For enterprises: 75 points or above;
b) For cooperatives: 65 points or above;
c) For household businesses: 55 points or above.
5. The selection of enterprises, cooperatives and household businesses as members of the FTA Utilization Ecosystem specified in clause 4 of this Article shall be carried out on the basis of the following grounds:
a) Scoring results under Appendix II issued together with this Decree;
b) State budget balancing capacity;
c) Implementation resources of agencies and organizations participating in the operation of the FTA Utilization Ecosystem;
d) Other lawfully mobilized resources in accordance with law.
6. Where the number of members of the FTA Utilization Ecosystem eligible for support exceeds the available resource allocation capacity, the selection of supported entities shall follow the order of priority below:
a) Members with a higher actual score shall be given priority for selection;
b) Where two members have the same score, priority shall be given to the entity that submitted a valid application at an earlier time;
c) Where the order of priority has still not been determined, priority shall be given to members with a higher level of contribution to and spillover impact on the Ecosystem, comprising the level of supply chain linkage, capacity to create employment, level of contribution to digital transformation, green transition, innovation or development in severely disadvantaged areas. The competent authority shall make the selection in accordance with the principles of openness, transparency and objectivity as prescribed in the management and operation regulations of the FTA Utilization Ecosystem;
d) Entities that satisfy the conditions but have not yet been allocated support resources shall be placed on a priority list for consideration in the following period when suitable resources become available.
7. Supported entities are responsible for fulfilling all registered commitments; complying with the internal rules and operating regulations of the FTA Utilization Ecosystem; and complying with reporting, inspection, supervision and ex-post inspection requirements. In the event of a violation of the provisions of this Decree, the support shall be suspended or terminated and the support funds shall be refunded.
Article 8. Support resources for enterprises, cooperatives and household businesses in the FTA Utilization Ecosystem
1. Classification of support resources
a) Support for administrative procedures;
b) Capacity improvement and enhancement mechanism;
c) Human resources support mechanism;
d) Mechanism to enhance production and business linkage capacity;
dd) Market connectivity and expansion mechanism;
e) Mechanism to support the implementation of procedures for trial production, technical inspection, assessment, quality certification;
g) Interest rate subsidy mechanism.
2. Principles of support
a) Where an enterprise, cooperative or household business simultaneously satisfies the conditions for support under this Decree and other support under relevant law, the following principles shall apply: where the proposed support matters overlap, the most favorable support shall be selected; where the proposed support matters differ, multiple forms of support may be applied simultaneously. Within the scope of support under this Decree, enterprises, cooperatives and household businesses may simultaneously receive the support prescribed in clauses 4 through 8 of this Article, provided that the total direct support amount (excluding interest rate subsidy) does not exceed VND 600 million per year;
b) The competent authority approving the support shall be responsible for cross-referencing information on the support that enterprises, cooperatives and household businesses as members of the FTA Utilization Ecosystem have received or are receiving, and shall determine the portion of support under this Decree as supplementary, enhanced or specialized support linked to FTA utilization;
c) Enterprises, cooperatives and household businesses, when proposing support, must fully declare all state budget support already received or currently being received and shall bear legal responsibility for the accuracy of the information provided;
d) Duplication control shall be carried out through data connectivity and sharing among state agency systems; the member code of the enterprise, cooperative or household business shall be used for tracking purposes;
dd) Enterprises, cooperatives and household businesses receiving support within the FTA Utilization Ecosystem shall be responsible for providing and maintaining records and documents for inspection and supervision by competent authorities.
3. Support for administrative procedures
a) Members shall be entitled to self-certify the origin of goods in accordance with international treaties to which the Socialist Republic of Vietnam is a party and in conformity with current law on rules of origin; priority shall be given to processing applications for certificates of origin to enjoy FTA preferential treatment;
b) Members shall be considered for the maintenance of a stable green channel ratio; transitions from the green channel to document examination or physical inspection of goods shall be minimized, except where there are clear signs of risk; priority shall be given in the processing of ex-post inspection and post-clearance inspections; cross-agency coordination with specialized inspection authorities shall be facilitated through data sharing, common use of application files and mutual recognition of inspection results, with a view to minimizing duplicate inspections and reducing goods clearance time.
4. Capacity improvement and enhancement mechanism
a) Support of up to 50% of the value of consultancy contracts for solutions to improve and enhance business processes, governance processes, production processes, technology processes and business model transformation, and for compliance with FTA market standards under programs, plans and activities of the FTA Utilization Ecosystem, but not exceeding VND 200 million per contract per year per enterprise and not exceeding VND 100 million per contract per year per cooperative or household business;
b) Support of up to 50% of the cost of renting or purchasing solutions to improve and enhance business processes, governance processes, production processes and technology processes within enterprises and for business model transformation and compliance with FTA market standards under programs, plans and activities of the FTA Utilization Ecosystem, but not exceeding VND 200 million per year per enterprise and not exceeding VND 100 million per year per cooperative or household business;
c) Support of up to 50% of the value of consultancy contracts for traceability system solutions, value chain development linked to FTA utilization, and compliance with the sustainability standards of FTA markets under programs, plans and activities of the FTA Utilization Ecosystem, but not exceeding VND 200 million per contract per year per enterprise and not exceeding VND 100 million per contract per year per cooperative or household business;
d) Support of up to 50% of the value of contracts for renting or purchasing traceability system solutions and value chain development linked to FTA utilization and compliance with the sustainability standards of FTA markets under programs, plans and activities of the FTA Utilization Ecosystem, but not exceeding VND 200 million per contract per year per enterprise and not exceeding VND 100 million per contract per year per cooperative or household business;
dd) Support of up to 50% of the value of consultancy contracts for the establishment of intellectual property rights; and consultancy on the management and development of products and services protected by intellectual property rights under programs, plans and activities of the FTA Utilization Ecosystem for entities that are enterprises, cooperatives and household businesses, but not exceeding VND 100 million per contract per year per entity;
e) Support of up to 50% of the value of technology transfer consultancy contracts appropriate for enterprises under programs, plans and activities of the FTA Utilization Ecosystem for entities that are enterprises, cooperatives and household businesses, but not exceeding VND 100 million per contract per year per entity.
5. Human resources support mechanism
a) Support of 100% of the cost of participating in domestic and overseas training courses on governance, business production processes, technology processes and business model transformation under programs, plans and activities of the FTA Utilization Ecosystem for entities that are enterprises, cooperatives and household businesses, but not exceeding VND 50 million per training course per year per entity;
b) Support of 100% of the cost of participating in domestic and overseas training courses on compliance with rules of origin, value chain development linked to FTA utilization and traceability system development under programs, plans and activities of the FTA Utilization Ecosystem for entities that are enterprises, cooperatives and household businesses, but not exceeding VND 50 million per training course per year per entity;
c) Support of 100% of the cost of participating in domestic and overseas training courses on FTA utilization, advanced science and technology, compliance with technical standards and sustainability standards of FTA markets under programs, plans and activities of the FTA Utilization Ecosystem for entities that are enterprises, cooperatives and household businesses, but not exceeding VND 70 million per training course per year per entity.
6. Mechanism to enhance production and business linkage capacity
a) Support of 100% of the value of comprehensive capacity assessment consultancy contracts under programs, plans and activities of the FTA Utilization Ecosystem for entities that are enterprises, cooperatives and household businesses within industrial clusters and value chains linked to FTA utilization, but not exceeding VND 50 million per contract per year per entity;
b) Support of 100% of the value of advanced technical improvement and upgrade consultancy contracts under programs, plans and activities of the FTA Utilization Ecosystem for entities that are enterprises, cooperatives and household businesses, with a view to improving production capacity, meeting connectivity requirements and becoming suppliers for lead firms in value chains, but not exceeding VND 100 million per contract per year per entity.
7. Market connectivity and expansion mechanism
a) Support of up to 50% of the value of consultancy contracts for successfully registering accounts to sell products and services on international e-commerce platforms under programs, plans and activities of the FTA Utilization Ecosystem for entities that are enterprises, cooperatives and household businesses, but not exceeding VND 100 million per contract per year per entity;
b) Support of up to 50% of the cost of maintaining accounts on domestic and international e-commerce platforms under programs, plans and activities of the FTA Utilization Ecosystem for entities that are enterprises, cooperatives and household businesses, but not exceeding VND 50 million per year per entity and not exceeding 2 years from the time the enterprise, cooperative or household business successfully registers an account on an international e-commerce platform;
c) Support of 100% of the value of consultancy contracts on procedures for the establishment, transfer, commercial exploitation and protection of intellectual property rights under programs, plans and activities of the FTA Utilization Ecosystem for entities that are enterprises, cooperatives and household businesses, but not exceeding VND 50 million per contract per year per entity;
d) Support of 100% of the value of consultancy contracts for searching for information, promoting products and developing the brand of industrial clusters and value chains under programs, plans and activities of the FTA Utilization Ecosystem for entities that are enterprises, cooperatives and household businesses, but not exceeding VND 20 million per contract per year per entity;
dd) Support of 100% of the value of consultancy contracts for expanding business operations, bidding, investment abroad and technology transfer under programs, plans and activities of the FTA Utilization Ecosystem for entities that are enterprises, cooperatives and household businesses, but not exceeding VND 100 million per contract per year per entity.
8. Mechanism to support the implementation of procedures for trial production, technical inspection, testing and quality certification
a) Support of 100% of the cost of testing, technical inspection, testing and quality certification of products and goods; the cost of quality management system certification; and the cost of issuing quantity marks for pre-packaged goods consistent with metrology technical requirements under programs, plans and activities of the FTA Utilization Ecosystem for entities that are enterprises, cooperatives and household businesses, but not exceeding VND 50 million per year per entity;
b) Support of up to 50% of the cost of commissioning establishments, institutes and schools to conduct research and trial development of products and services under programs, plans and activities of the FTA Utilization Ecosystem for entities that are enterprises, cooperatives and household businesses, but not exceeding VND 50 million per year per entity;
c) Support of up to 50% of the cost of using equipment at technical support facilities under programs, plans and activities of the FTA Utilization Ecosystem for entities that are enterprises, cooperatives and household businesses, but not exceeding VND 70 million per year per entity.
9. Interest rate subsidy mechanism
a) In each period, enterprises, cooperatives and household businesses participating in the FTA Utilization Ecosystem shall be entitled to an interest rate subsidy when borrowing medium- and long-term capital from credit institutions to implement production and business plans or projects under programs, plans and activities of the FTA Utilization Ecosystem, in compliance with the following principles: the entity has not received any State preferential interest rate policies during the same period; the state budget shall provide interest rate subsidies to enterprises, cooperatives and household businesses by way of post-investment support. Each entity shall be entitled to an interest rate subsidy for 1 production and business plan or project during the same period; the borrowing entity shall be appraised and approved for a loan by the credit institution in accordance with the law on lending by credit institutions;
b) In each period, the interest rate differential directly compensated by the state budget, as a direct interest rate subsidy, to each enterprise, cooperative or household business as a member of the FTA Utilization Ecosystem shall be 2% per year but shall not exceed VND 1 billion per year per enterprise, cooperative or household business;
c) Enterprises, cooperatives and household businesses as members of the FTA Utilization Ecosystem that receive interest rate subsidies shall bear legal responsibility for the accuracy of the information provided in relation to the production and business plan or project eligible for the interest rate subsidy; and shall refund the interest rate subsidy amount received in the event of a violation of the interest rate subsidy regulations and the law on lending by credit institutions.
Article 9. Procedures for recognition as a member of the FTA Utilization Ecosystem
1. Enterprises, cooperatives or household businesses wishing to become members of the FTA Utilization Ecosystem shall submit 1 registration application to participate in the FTA Utilization Ecosystem to the Ministry of Industry and Trade.
The registration application comprises:
a) A registration form for participation in the FTA Utilization Ecosystem under Form No. 01 of Appendix III issued together with this Decree;
b) Documents as prescribed in Appendix I issued together with this Decree.
2. Registration applications of enterprises, cooperatives and household businesses to become members of the FTA Utilization Ecosystem shall be received in person, through postal services, or online via the National Public Service Portal.
3. Within 7 days from the date of receiving the application, the Ministry of Industry and Trade shall be responsible for checking the completeness and validity of the application. Where the application is incomplete or invalid, the Ministry of Industry and Trade shall issue a written request for supplementation and completion of the application.
4. Within 45 days from the date of receiving a complete and valid application, the Ministry of Industry and Trade shall organize the assessment of the application for consideration of recognition as a member of the FTA Utilization Ecosystem.
5. Based on the assessment results, the Ministry of Industry and Trade shall issue a decision recognizing the member of the FTA Utilization Ecosystem under Form No. 02 of Appendix III issued together with this Decree. Where recognition is not granted, the Ministry of Industry and Trade shall respond in writing, clearly stating the reasons.
6. Members of the FTA Utilization Ecosystem shall be updated in the FTA Utilization Ecosystem Member Database, and shall be entitled to access information and participate in connectivity activities.
Article 10. Procedures for approval of support proposals for entities that are members of the FTA Utilization Ecosystem
1. Enterprises, cooperatives or household businesses that are already members of the FTA Utilization Ecosystem shall submit 1 application before May 30 of the year preceding the planning year to the People's Committee of the province where the enterprise, cooperative or household business is registered to do business, to propose support. The support application comprises:
a) A support proposal under Form No. 04 of Appendix III issued together with this Decree;
b) A support proposal scheme under Form No. 05 of Appendix III issued together with this Decree.
2. Support applications from enterprises, cooperatives and household businesses as members of the FTA Utilization Ecosystem shall be received in person, through postal services, or online via the National Public Service Portal.
3. Within 7 days from the date of receiving the application, the receiving agency shall be responsible for checking the completeness and validity of the application. Where the application is incomplete or invalid, the receiving agency shall issue a document or request for supplementation and completion of the application.
4. Based on the valid application, the province-level People's Committee shall organize assessment under this Decree and simultaneously consider the resource balancing capacity to decide on approving the support proposal under Form No. 06 of Appendix III issued together with this Decree, or declining approval, within 30 days from the date the provincial-level People's Council decides on the local budget estimate. Where approval is not granted, a written response must be issued, clearly stating the reasons.
5. Where the number of eligible members exceeds the available resource allocation capacity, the selection of supported entities shall be carried out in accordance with the order of priority prescribed in clause 6 Article 7 of this Decree.
6. After the proposal is approved, enterprises, cooperatives or household businesses as members of the FTA Utilization Ecosystem wishing to amend or discontinue the proposal shall send a written proposal under Form No. 07 of Appendix III issued together with this Decree to the People's Committee of the province where the enterprise, cooperative or household business is registered to do business for consideration. Within 30 days from the date of receiving the written proposal from the member of the FTA Utilization Ecosystem, the province-level People's Committee shall consider and issue a Decision adjusting the support scheme of the member of the FTA Utilization Ecosystem under Form No. 08 of Appendix III issued together with this Decree.
7. Province-level People's Committees shall publish the approval results, the list of supported entities, support items and support implementation results in accordance with law.
Article 11. Financial resources for the development and operation of the FTA Utilization Ecosystem
1. Classification of financial resources
a) State budget funds consistent with the balancing capacity and current budget decentralization arrangements in accordance with the law on the state budget;
b) Resources mobilized from the domestic private sector on a voluntary basis and in conformity with law;
c) Technical assistance and grant resources from foreign organizations and international organizations in accordance with the law on the management and use of aid;
d) Other lawful resources in accordance with law.
2. Principles for allocating financial resources
a) Resource allocation shall be linked to outputs, comprising enhanced effectiveness of FTA utilization, increased domestic value added ratios and promotion of sustainable development;
b) Priority shall be given to allocating resources to activities with spillover impact across sectors or value chains;
c) State budget resources comprising both central and local budgets shall serve only as catalytic capital; resources mobilized from enterprises and the private sector shall play the decisive role, with a view to ensuring the sustainability and substantive implementation capacity of the FTA Utilization Ecosystem.
3. Mechanism for state budget resources
a) Funds for carrying out the tasks of building and operating the FTA Utilization Ecosystem shall be allocated annually by the Ministry of Finance to the Ministry of Industry and Trade in accordance with the law on the state budget and other relevant legal provisions.
Expenditure items include: conducting surveys, data collection and consolidation; annual periodic analysis, assessment and reporting on the status of FTA utilization; specialized consultancy, training and workshops serving the operations of the FTA Utilization Ecosystem; research and development of systems and databases serving the operations of the FTA Utilization Ecosystem; and communications and promotion to encourage participation in and effective operation of the FTA Utilization Ecosystem;
b) Funds for implementing support measures for enterprises, cooperatives and household businesses as members of the FTA Utilization Ecosystem in the local area shall be allocated within the annual local budget expenditure estimates in accordance with the law on the state budget and the balancing capacity of the local budget.
Expenditure items include: funds for implementing the mechanisms and support measures for members of the FTA Utilization Ecosystem under Article 8 of this Decree.
4. Mechanism for mobilizing and using resources from the domestic private sector
a) The State encourages and enables enterprises, cooperatives, household businesses, sector associations, credit institutions and relevant organizations to co-sponsor or make voluntary contributions to the activities of the FTA Utilization Ecosystem;
b) Co-sponsorship shall be carried out on a project, task or activity basis, on the basis of written agreements between the parties involved in the operation of the FTA Utilization Ecosystem, ensuring openness and transparency;
c) Voluntary contributions shall be received, managed and accounted for separately by the unit assigned to operate the FTA Utilization Ecosystem;
d) Voluntary contributions shall not constitute a condition, criterion or basis for consideration of the application of the facilitation mechanism or other forms of support under this Decree.
Article 12. Suspension and termination of membership of the FTA Utilization Ecosystem; suspension of the support mechanism and recovery of support funds
1. A member of the FTA Utilization Ecosystem shall have its membership suspended, its membership terminated, its support mechanism suspended, and part or all of the support funds already granted recovered, depending on the nature and severity of the violation, in the following cases:
a) Providing false information, applications or documents during the registration to participate in the Ecosystem or when requesting the support mechanism;
b) Using support funds or resources for purposes other than those approved, or for abuse of policies;
c) Failing to fulfill or not fully fulfilling the commitments registered upon joining the Ecosystem or when requesting the support mechanism, without justifiable reason;
d) Failing to comply with reporting, inspection, supervision and ex-post inspection requirements after having been warned in writing;
dd) Violating the internal rules and operating regulations of the Ecosystem in a manner that adversely affects the reputation and effective operation of the Ecosystem, or the lawful rights and interests of other members;
e) Being subject to legal sanctions for violations in production, business, commercial, investment, tax, environmental, labor, intellectual property, trade fraud, rules of origin or other related legal fields, where the severity of the violation affects the conditions for Ecosystem membership or eligibility for the support mechanism;
g) Ceasing operations, being dissolved, going bankrupt, terminating operations or no longer satisfying the mandatory criteria prescribed in this Decree;
h) Other violations as prescribed by law and the management and operating regulations of the FTA Utilization Ecosystem.
2. Handling measures
a) Warning and requiring remediation within a specified period for first-time violations or minor violations;
b) Suspension of Ecosystem membership or suspension of the support mechanism for a period of 3 to 12 months for serious violations or repeated violations;
c) Termination of Ecosystem membership, termination of the support mechanism, and recovery of part or all of the support funds already granted, for particularly serious violations, deliberate violations, or acts of fraud or policy abuse.
3. The recovery of support funds shall be carried out in accordance with the following principles:
a) Full recovery of support amounts used for purposes other than those approved, used on the basis of fraudulent applications, or obtained through policy abuse;
b) Partial recovery corresponding to the portion of funds used for unauthorized purposes or the portion of support items not implemented;
c) Where repayment of support funds is delayed beyond the deadline set by the competent authority's decision, the resulting financial obligations must be fulfilled in accordance with law.
4. Authority to handle violations
a) The Ministry of Industry and Trade shall issue decisions on suspension or termination of Ecosystem membership under Form No. 03 of Appendix III issued together with this Decree;
b) Province-level People's Committees shall suspend or terminate the support mechanism and issue decisions on the recovery of support funds within their management scope under Form No. 09 of Appendix III issued together with this Decree;
c) Where violations relate simultaneously to both Ecosystem membership and the support mechanism, the Ministry of Industry and Trade and the province-level People's Committee shall be responsible for coordinating the handling within their respective authority.
5. Before deciding to apply the measures prescribed in clause 2 of this Article, the competent authority must notify the violating entity in writing of the violation, the basis for handling, and the deadline for explanation or remediation, except in cases where the violation shows signs of serious fraud, policy abuse, or where urgent preventive measures are required by law.
6. An entity whose Ecosystem membership has been terminated may only be considered for re-registration after 24 months from the effective date of the termination decision, unless otherwise provided by law.
Article 13. Human resources serving the FTA Utilization Ecosystem
1. Classification
a) Personnel of state agencies assigned tasks related to the development, management and operation of the FTA Utilization Ecosystem;
b) Experts, organizations and enterprises providing professional services, both domestic and foreign, mobilized through contractual arrangements in accordance with law.
2. Specific principles for the management and use of human resources
a) Ensure effectiveness in the selection, mobilization and use of experts, linking accountability to the results of task performance as a basis for evaluation, payment and continued cooperation;
b) Give priority to the development and mobilization of experts with high professional competence in fields related to FTAs.
3. Mechanism for state agency personnel
a) The Ministry of Industry and Trade, ministries, ministerial agencies, and provinces and cities assigned to participate in the development and operation of the FTA Utilization Ecosystem shall assign dedicated or concurrent personnel to perform coordination, support and supervision tasks for the operations of the FTA Utilization Ecosystem;
b) The assignment and use of personnel shall be carried out flexibly by task, project or assignment, with a view to ensuring professional effectiveness and timely support for enterprises, cooperatives and household businesses.
4. Mechanism for mobilizing experts and professional service providers
a) Experts, consultancy organizations and enterprises providing professional services, both domestic and foreign, may be engaged to carry out specialized consultancy, training, research, system development and enterprise support activities serving the FTA Utilization Ecosystem;
b) The conclusion of contracts and determination of remuneration and implementation costs shall be based on professional requirements, quality of services and market price levels in accordance with relevant law;
c) Implementation costs shall be covered by the financial resources specified in Article 11 of this Decree;
d) The Ministry of Industry and Trade shall publish the programs, plans and activities of the FTA Utilization Ecosystem, including guidance on specialized consultancy, training, research, system development and enterprise support requiring the engagement of experts, organizations and enterprises for the FTA Utilization Ecosystem.
Article 14. Information, data, digital infrastructure, systems and physical facilities for the assessment of standards and technical regulations supporting enterprise compliance with FTA provisions
1. Classification
a) Databases on FTA commitments, rules of origin, technical standards and regulations, trade barriers and related information;
b) Digital platforms and electronic tools supporting enterprises in researching, self-assessing and carrying out procedures related to FTA utilization;
c) Digital infrastructure serving the FTA Utilization Ecosystem, comprising integrated data sharing platforms enabling interoperability between state regulatory agencies (customs, tax, market management, standards, metrology and quality) as well as relevant organizations; electronic authentication infrastructure serving the automation of administrative procedures; Big Data analytics systems and artificial intelligence (AI) serving the monitoring and compliance with market commitments and regulations, and market forecasting, in conformity with law;
d) Systems, testing laboratories and conformity assessment bodies serving the assessment of standards and technical regulations as prescribed.
2. Principles of management and use
a) Ensure effectiveness in the selection, development and connectivity of information, data, technology infrastructure and systems, and physical facilities for the assessment of standards and technical regulations serving the development and operation of the FTA Utilization Ecosystem;
b) Link the development of digital infrastructure to the objective of reducing application processing time and lowering enterprise compliance costs.
3. Implementation and support mechanisms
a) The State shall ensure investment in, maintenance and upgrading of physical facilities, technical infrastructure, digital infrastructure and integrated FTA databases, in a synchronized and interoperable manner, enabling enterprises to easily access and use them;
b) The integration, sharing and utilization of electronic data between customs, tax and specialized regulatory agency systems shall be carried out to serve risk management and enterprise support;
c) Data access and utilization rights shall be delegated to the lead agencies of ministries, ministerial agencies, and provinces and cities in a manner consistent with their functions and tasks, to ensure timely and proactive support;
d) The principle of minimizing requests for enterprises to re-provide information already available in state agency information systems shall be applied; automatic cross-referencing and confirmation of data within the functions, tasks and authority of the competent agency shall be carried out.
Chapter III
SECTOR EXPORT PROMOTION FUND
Article 15. State policies toward the Sector Export Promotion Fund
1. Sector associations with a high export share as prescribed in clause 3 Article 3 of this Decree shall be entitled to establish a Sector Export Promotion Fund (hereinafter referred to as the Fund). The State encourages sector associations with a high export share to establish the Fund and enables the Fund to organize and operate in strict conformity with law and the Fund's charter.
2. Contributions of assets by individuals and organizations to the Fund shall be subject to State preferential policies in accordance with tax law.
Article 16. Functions of the Fund
1. Receive funding and manage the Fund
a) Receive funding from lawful voluntary contributions, donations and gifts from enterprises, organizations and individuals, both domestic and foreign;
b) Manage the Fund in accordance with agreements with contributing parties and in conformity with regulations on investment, sponsorship, support and the Fund's financial management regulations.
2. Implement Fund activities
a) Publish priority orientations, requirements, items and guidelines for the proposal of investment, sponsorship and support tasks;
b) Mobilize and coordinate the Fund and effectively use social resources to carry out activities promoting research, development and innovation; brand building; trade defense support; and compliance with the technical and environmental standards of foreign partners;
c) Inspect and supervise progress, professional quality and the effectiveness of fund use.
Article 17. Powers of the Fund
1. Organize and carry out the Fund's investment, sponsorship and support tasks in conformity with the Fund's objectives, orientations and legal provisions.
2. Enter into contracts, cooperation agreements, and engage organizations, experts, scientists and other individuals to carry out the Fund's activities.
3. Adjust the items, suspend, discontinue or terminate investment, sponsorship or support upon detecting violations.
4. Decline investment, sponsorship or support where requirements are not met, or where criteria and conditions prescribed in the Fund's regulations and notices are violated.
5. Organize inspection of compliance with conditions, regulations, processes and the use of funds by organizations and individuals that receive the Fund's investment, sponsorship or support from the time of the task proposal. Relevant organizations and individuals shall be responsible for providing complete and timely records and documents for inspection upon the Fund's request.
6. Issue regulations to manage and carry out activities in accordance with the Fund's functions.
7. Manage and use the Fund's capital and assets in accordance with law; idle capital may be deposited at commercial banks.
8. Exercise other powers in accordance with law.
Article 18. Sources of the Fund
1. Contributions from member associations of the sector association. Specific contribution levels and timelines shall be uniformly prescribed by the sector association.
2. Lawful sponsorship from domestic and foreign organizations and individuals.
3. Other lawful revenues.
Article 19. Establishment of the Fund
1. When wishing to establish a Fund for its sector, a sector association shall submit 1 application to the competent state authority specified in Article 21 of this Decree. The application comprises:
a) A written request for establishment of the Fund under Form No. 11 of Appendix III issued together with this Decree;
b) A resolution of the sector association on the establishment of the Fund;
c) The Fund's operating charter (comprising at minimum the following particulars: mission, objectives, principles, organizational structure, scope and items of activities; financial management mechanism and reporting regime).
2. The sector association shall submit the application for establishment of the Fund through one of the following methods:
a) In person at the single-window division;
b) Through public postal services, through a contracted enterprise or individual, or through an authorized person in accordance with law;
c) Online via the National Public Service Portal.
3. Within 7 working days from the date of receiving a complete and valid application, the competent state authority specified in Article 21 of this Decree shall issue a Decision establishing the Fund under Form No. 12 of Appendix III issued together with this Decree and send an electronic copy of the establishment Decision and the Fund's operating charter to the state regulatory agency for the sector association's sector and to the Ministry of Industry and Trade. Where establishment is not permitted, a written response must be issued, clearly stating the reasons.
4. The Fund shall have legal personality, its own seal, shall be entitled to open accounts at commercial banks, and shall operate under the model decided by the sector association.
5. The management and administration structure of the Fund's operations shall be specifically prescribed by the sector association in the Fund's operating charter.
6. During operations, before implementing any change to the particulars of the establishment Decision, the Fund shall send a written request for amendment under Form No. 11 of Appendix III issued together with this Decree to the competent state authority specified in Article 21 of this Decree through one of the methods prescribed in clause 2 of this Article. Within 5 working days from the date of receiving the written request, the competent state authority specified in Article 21 of this Decree shall issue an amendment Decision under Form No. 12 of Appendix III issued together with this Decree and send an electronic copy of the amendment Decision to the Ministry of Industry and Trade.
Article 20. Cessation of operations and revocation of the Fund's establishment Decision
1. The Sector Export Promotion Fund shall cease operations in the following cases:
a) At the request of the sector association, approved by the authority that issued the Decision;
b) The Fund's establishment Decision is revoked under clause 2 of this Article.
2. Cases subject to revocation of the Fund's establishment Decision:
a) When the sector association ceases operations in accordance with law;
b) Suspension of operations for 6 consecutive months without notification to the authority that issued the establishment Decision;
c) Failure to operate in accordance with the Fund's functions as set out in the Fund's charter and law;
d) Failure to maintain the ratio of member export value to total member revenue above 30% for 2 consecutive years;
dd) Violations of law reaching the level requiring criminal prosecution.
3. At least 45 days before the projected date of cessation of Fund operations under point a clause 1 of this Article, the sector association must send a notice of the cessation of operations to creditors, employees, and other organizations and individuals with related rights, obligations and interests. The notice must clearly state the projected date of cessation of Fund operations, must be publicly posted at the Fund's headquarters and the sector association's headquarters, and must be published in a printed or electronic newspaper licensed for publication in Vietnam for 3 consecutive issues.
4. In the case of cessation of Fund operations under point a clause 1 of this Article, at least 40 days before the projected date of cessation of Fund operations, the sector association must submit 1 application for cessation of Fund operations through one of the methods prescribed in clause 2 Article 19 of this Decree to the competent state authority specified in Article 21 of this Decree, comprising:
a) A written request for cessation of Fund operations under Form No. 13 of Appendix III issued together with this Decree;
b) A report on the handling of the Fund's assets and finances; a list of creditors and debts already settled, comprising the full settlement of tax debts and social insurance, health insurance and unemployment insurance contributions for employees (if any);
c) Documents evidencing the full settlement of debts and other obligations to the State, organizations and related individuals in accordance with law;
d) Documents evidencing the public posting at the sector association's headquarters and the Fund's headquarters, and publication in a printed or electronic newspaper licensed for publication in Vietnam for 3 consecutive issues, on the cessation of Fund operations.
5. In the case of cessation of Fund operations under point a clause 1 of this Article, after 30 days from the date of receiving the application for cessation of Fund operations without receiving any notice, complaint or dispute from relevant agencies, organizations or individuals, the competent state authority specified in Article 21 of this Decree shall approve the cessation of Fund operations under Form No. 14 of Appendix III issued together with this Decree and notify the Ministry of Industry and Trade within 7 working days.
6. Within 30 days from the date of revocation of the Fund's establishment Decision under clause 2 of this Article, the sector association and the Fund shall be obliged to fully settle their debts and other obligations to the State, organizations and related individuals in accordance with law.
7. Where the Fund's establishment Decision is revoked, the Fund's assets may not be distributed. The sale and liquidation of the Fund's assets shall be carried out in accordance with relevant law.
8. All available funds of the Fund and proceeds from the sale and liquidation of the Fund's assets shall be settled in the following order of priority:
a) Fund dissolution costs;
b) Outstanding wages, severance allowances, social insurance and health insurance obligations to employees in accordance with law, and other employee entitlements under collective labor agreements and signed labor contracts;
c) Tax debts and other payables.
9. The Fund's own assets and finances, and remaining assets and finances of domestic and foreign organizations and individuals that have sponsored the Fund (if any), shall be transferred to the state budget of the locality of the authority that issued the Fund's establishment Decision.
Article 21. Authority to settle Fund-related procedures
The President of the People's Committee of the province where the sector association has its registered office shall have the authority to issue decisions on the establishment, amendment of the establishment decision and cessation of operations of the Fund.
Article 22. Operations report
1. On an annual basis, before the last working day of January of the following year, the Fund must submit a written report under Form No. 15 of Appendix III issued together with this Decree on its activities during the year to the competent state authority specified in Article 21 of this Decree, the state regulatory agency for the sector association's sector, and the Ministry of Industry and Trade.
2. The Fund must comply with financial reporting and statistical reporting requirements in accordance with law.
3. The Fund shall be obliged to report, provide documents and explain matters related to its operations upon request of the state regulatory agency for the sector association's sector and other state agencies.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 23. Entry into force
This Decree comes into force from the date of signing.
Article 24. Responsibilities for implementation
1. The Ministry of Industry and Trade:
a) Take charge of organizing, carrying out, developing and operating the FTA Utilization Ecosystem; publish the programs, plans and activities of the FTA Utilization Ecosystem; annually consolidate and develop plans and budget estimates for the development and operation of the FTA Utilization Ecosystem and include them in the Ministry of Industry and Trade's annual budget estimates submitted to the Ministry of Finance for consolidation and reporting to the competent authority for consideration and decision; on the basis of estimates assigned by the competent authority, spend in accordance with regulations, policies, ensuring economy and efficiency in accordance with the law on the state budget;
b) Organize the receipt and assessment of registration applications and issue decisions recognizing members of the FTA Utilization Ecosystem under this Decree;
c) Develop, manage and operate the FTA Utilization Ecosystem Member Database and digital platforms serving information sharing, support for FTA commitment research, value chain connectivity, market connectivity and support for Ecosystem member activities;
d) Carry out state management, guidance, monitoring, oversight, inspection and supervision of the organization and implementation of the FTA Utilization Ecosystem at ministries, ministerial agencies and local governments;
dd) Annually consolidate and assess the effectiveness of the operations of the FTA Utilization Ecosystem and report to the Prime Minister;
e) Exercise state management over the Sector Export Promotion Fund.
2. Ministries and ministerial agencies:
a) Share cross-sector interoperable data and protect information confidentiality in safeguarding business secrets of enterprises when implementing data connectivity and optimizing the process of streamlining administrative procedures through digital transformation, serving the development and operation of the FTA Utilization Ecosystem;
b) Take charge of developing mechanisms to recognize and share, and cooperate in the development of enterprises, cooperatives and household businesses with respect to research outputs and activities within the fields under their management;
c) Take charge and cooperate with the Ministry of Industry and Trade on professional matters, and bear responsibility for sector-specific assessment in the course of developing and operating the FTA Utilization Ecosystem;
d) Cooperate with sector associations in implementing the trade promotion activities of the Sector Export Promotion Fund, ensuring effectiveness and consistency with the activities of the National Trade Promotion Program and the National Brand Development Program.
3. Province-level People's Committees:
a) Cooperate with the Ministry of Industry and Trade in organizing and coordinating the implementation support mechanisms and resource allocation serving the FTA Utilization Ecosystem under this Decree;
b) Organize the receipt, assessment and approval of support proposals for members of the FTA Utilization Ecosystem under this Decree;
c) Allocate funds to ensure the performance of tasks that do not overlap with the tasks of state agencies in the development and operation of the FTA Utilization Ecosystem; allocate support funds for enterprises, cooperatives and household businesses as members of the FTA Utilization Ecosystem to the unit assigned by the province-level People's Committee to perform this task locally; bear responsibility for the management, use and allocation of funds in accordance with the law on the state budget and the balancing capacity of the local budget; bear responsibility for directing the unit allocated funds to spend in accordance with regulations and policies, ensuring economy and efficiency in accordance with the law on the state budget;
d) Cooperate with the Ministry of Industry and Trade in monitoring and assessing the level of FTA utilization in the locality; report to the Ministry of Industry and Trade before December 15 of each year on the status of rollout, management, allocation and use of support funds for enterprises, cooperatives and household businesses as members of the FTA Utilization Ecosystem under Form No. 10 of Appendix III issued together with this Decree;
dd) Carry out state management, sector-specific inspection and examination of the use of support resources for enterprises, cooperatives and household businesses as members of the FTA Utilization Ecosystem;
e) Manage and carry out sector-specific inspection and examination of compliance with the law on the Sector Export Promotion Fund in the local area; no later than February 15 of each year, report on the status of Fund management to the Ministry of Industry and Trade under Form No. 16 of Appendix III issued together with this Decree;
g) The President of the province-level People's Committee shall exercise authority under Article 21 of this Decree.
4. Ministers, heads of ministerial agencies, Presidents of People's Committees of provinces and centrally-affiliated cities, and relevant organizations and individuals shall implement this Decree./.
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ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
(Signed and sealed)
Pham Gia Tuc
(This translation is for reference only)
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