DECREE
ON
DEVOLUTION AND DELEGATION IN THE STATE MANAGEMENT SECTOR OF THE MINISTRY OF
SCIENCE AND TECHNOLOGY
Pursuant to the Law on Organization of the
Government 2025;
Pursuant to the Law on Organization of Local
Government 2025;
Pursuant to Resolution No. 190/2025/QH15 dated
February 19, 2025 of the National Assembly on addressing certain issues related
to the reorganization of the state administrative apparatus;
At the proposal of the Minister of Science and
Technology;
The Government promulgates the Decree on
devolution and delegation in the state management sector of the Ministry of
Science and Technology.
Chapter I
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Article 1. Scope
This Decree provides for authority, procedures for
carrying out tasks and powers of agencies and competent persons in the state management
sector of the Ministry of Science and Technology as prescribed in laws,
resolutions of the National Assembly, ordinances, resolutions of the Standing
Committee of the National Assembly, decrees of the Government, and decisions of
the Prime Minister that require adjustment to implement devolution and
delegation.
Article 2. Principles of
devolution and delegation
1. Ensure compliance with the Constitution;
conformity with the principles and regulations on devolution and delegation as prescribed
in the Law on Organization of the Government 2025 and the Law on Organization
of Local Government 2025.
2. Ensuring thorough delegation of tasks between
central regulatory agencies and local governments, ensuring uniform state
management authority of the Government, executive authority of the head of the
Government in the state management sector of science and technology, and
promoting proactiveness, creativity and self-accountability of local
governments in carrying out state management tasks in the science and
technology sector.
3. Ensuring that the Government, the Prime
Minister, ministries and ministerial agencies focus on carrying out state
management tasks at the macro level, including institutional development,
strategies, planning and synchronized master plans, playing a facilitative role
and strengthening inspection, examination and supervision.
4. Promoting devolution and delegation and clearly
defining powers of the People’s Councils, People’s Committees and Presidents of
the People’s Committees; clearly distinguishing between collective authority of
the People’s Committees and individual authority of the Presidents of the
People’s Committees, ensuring consistency with assigned tasks, powers and
capacity of competent agencies and persons.
5. Implementing devolution and delegation among
related sectors and domains in a synchronized, integrated and interconnected
manner, without omission or overlap of tasks; ensuring a legal basis for
normal, continuous and smooth operation of agencies; avoiding work disruption,
overlap, duplication or omission of functions, tasks, domains and territories.
6. Ensuring human rights and citizens’ rights;
ensuring publicity and transparency; enabling individuals and organizations to
access information and carry out their rights, obligations and procedures in
accordance with law; avoiding adverse impacts on normal operation of society,
citizens and enterprises.
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8. Resources for carrying out devolved and
delegated tasks shall be ensured by the state budget in accordance with law.
Article 3. Fees and charges
For administrative procedures requiring payment of
fees and charges in accordance with law, individuals and organizations shall
submit such fees and charges to the receiving authority upon submission of
applications for settlement of administrative procedures. Fee and charge rates
and management and use of fees and charges shall comply with regulations of the
Government, the Minister of Finance or the province-level People’s Council for
corresponding fees and charges.
Chapter II
DEVOLUTION
Section 1. TELECOMMUNICATIONS
Article 4. Granting, amendment,
re-granting, extension and revocation of telecommunications service business
licenses; mandatory termination of telecommunications service provision
1. Granting, amendment, re-granting, extension,
revocation of licenses for provision of non-facilities-based telecommunications
services of terrestrial fixed telecommunications service type
(telecommunications services provided on terrestrial fixed telecommunications
networks) in accordance with Clause 4 Article 33 of the Law on
Telecommunications shall be carried out as follows:
a) Granting, amendment, re-granting and extension
of licenses shall be carried out by the province-level People’s Committee where
the enterprise has its head office;
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2. Granting, amendment, re-granting, extension and
revocation of licenses for provision of facilities-based telecommunications
services using terrestrial fixed public telecommunications networks not using
radio frequencies and not using telecommunications subscriber numbers, with
network establishment scope within one province or centrally-affiliated city,
in accordance with Clause 4 Article 33 of the Law on Telecommunications, shall
be carried out by the province-level People’s Committee where the enterprise
plans to establish or is establishing telecommunications networks.
3. Requests for termination of telecommunications
service provision in accordance with Clause 4 Article 33 of the Law on
Telecommunications shall be carried out by the province-level People’s
Committee that issued the certificate of registration for telecommunications
service provision or received the notification of telecommunications service
provision.
4. Procedures for revocation of telecommunications
service business licenses and requests for termination of telecommunications
service provision shall be carried out as follows:
a) In cases of revocation of telecommunications
service business licenses under Points a, b, c and h Clause 1 Article 40 of the
Law on Telecommunications, and cases requiring termination of
telecommunications service provision under Points a, b and c Clause 2 Article
40 of the Law on Telecommunications, after receipt of decisions or
confirmations of competent regulatory agencies regarding enterprise violations,
the province-level People’s Committee shall issue a decision on revocation of
the telecommunications service business license, a decision requiring
termination of telecommunications service provision, and revoke the certificate
of registration for telecommunications service provision within its authority;
b) In cases of revocation of telecommunications
service business licenses under Points d and dd Clause 1 Article 40 of the Law
on Telecommunications, and cases requiring termination of telecommunications
service provision under Point d Clause 2 Article 40 of the Law on
Telecommunications, the province-level People’s Committee shall notify the
enterprise of violations and request explanations.
After 15 days from the end of the deadline stated
in the notice, if the enterprise fails to submit written explanations proving
service provision to the market or fails to provide opinions regarding
suspension of telecommunications services for 1 consecutive year without
notification, the province-level People’s Committee shall issue a decision on
revocation of the telecommunications service business license, a decision
requiring termination of telecommunications service provision, and revoke the
certificate of registration for telecommunications service provision within its
authority.
Where an enterprise fails to fully roll out
telecommunications networks as committed and is sanctioned in accordance with
law on handling of administrative violations, and after 1 year from the date of
sanction fails to remedy such violations, the province-level People’s Committee
shall issue a decision on revocation of the telecommunications license within
its authority;
c) Where an enterprise terminates all
telecommunications service business activities specified in its license or
certificate of registration for telecommunications service provision and has
completed procedures for termination in accordance with law, the province-level
People’s Committee shall issue a decision on revocation of the
telecommunications service business license and certificate of registration for
telecommunications service provision within its authority;
d) Where an enterprise has not officially provided
services or has not officially utilized telecommunications networks and
voluntarily returns the telecommunications service business license or
certificate of registration for telecommunications service provision due to
changes in business orientation or inability to roll out operations in licensed
contents, the province-level People’s Committee shall issue a decision on
revocation of such license and certificate within 10 working days from the date
of receipt of the application for revocation using Form No. 16 in Appendix I
enclosed with this Decree;
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5. Procedures for granting, amendment, extension
and re-granting of licenses are prescribed in Sections V, VI, VII and VIII of
Appendix I enclosed with this Decree.
Section 2. INTELLECTUAL
PROPERTY
Article
5. Recognition of organizations meeting conditions for industrial property
representation service business
1. Recognition of organizations meeting conditions
for industrial property representation service business as prescribed in Clause
1 Article 156 of the Law on Intellectual Property shall be carried out by the
province-level People’s Committee.
2. Procedures for recognition of organizations
meeting conditions for industrial property representation service business are
prescribed in Section I and Clause 4 Section II of Appendix III.1 enclosed with
this Decree.
Article 6. Recognition of
individuals meeting conditions for practicing industrial property
representation services
1. Recognition of individuals meeting conditions
for practicing industrial property representation services as prescribed in
Clause 1 Article 156 of the Law on Intellectual Property shall be carried out
by the province-level People’s Committee.
2. Procedures for recognition of individuals
meeting conditions for practicing industrial property representation services
are prescribed in Section I and Clause 5 Section II of Appendix III.1 enclosed
with this Decree.
Article 7. Removal of names of
industrial property representation service organizations
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2. Procedures for removal of names of industrial
property representation service organizations are prescribed in Section I and
Clause 7 Section II of Appendix III.1 enclosed with this Decree.
Article
8. Removal of names of industrial property representatives
1. Removal of names of industrial property
representatives as prescribed in Clause 2 Article 156 of the Law on
Intellectual Property (as amended by Clause 62 Article 1 of the Law on
amendments the Law on Intellectual Property 2022) shall be carried out by the
province-level People’s Committee.
2. Procedures for removal of names of industrial
property representatives are prescribed in Section I and Clause 8 Section II of
Appendix III.1 enclosed with this Decree.
Article 9. Decision on
compulsory transfer of the right to use inventions
1. Decisions on compulsory transfer of the right to
use inventions as prescribed in Points b, c and d Clause 1 Article 145 and
Clause 1 Article 147 of the Law on Intellectual Property (as amended by Clause
58 Article 1 of the Law on amendments to the Law on Intellectual Property 2022)
shall be issued by the province-level People’s Committee.
2. Procedures for issuance of decisions on
compulsory transfer of the right to use inventions are prescribed in Section I
and Clause 1 Section V of Appendix III.1 enclosed with this Decree.
Article 10. Processing of
applications for registration of contracts on transfer of the right to use
industrial property objects
1. Tasks of processing applications for
registration of contracts on transfer of the right to use industrial property
objects as prescribed in Clause 3 Article 148 of the Law on Intellectual
Property (as amended by Clause 9 Article 2 of the Law on amendments to the Law
on Insurance Business and the Law on Intellectual Property 2019) shall be
carried out by the province-level People’s Committee.
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Section 3. SCIENCE AND
TECHNOLOGY
Article 11. Approval of
technology transfer
1. Approval of technology transfer as prescribed in
Clause 4 Article 29 of the Law on Technology Transfer shall be carried out by
the province-level People’s Committee.
2. Procedures for approval of technology transfer
are prescribed in Section I of Appendix VI enclosed with this Decree.
Article 12. Granting of
technology transfer licenses
1. Granting of technology transfer licenses as
prescribed in Clause 5 Article 30 of the Law on Technology Transfer shall be
carried out by the province-level People’s Committee.
2. Procedures for granting of technology transfer
licenses are prescribed in Section II of Appendix VI enclosed with this Decree.
Article 13. Permission for establishment
of science and technology organizations with foreign capital
1. Permission for establishment of science and
technology organizations with foreign capital within the provincial territory
as prescribed in Point b Clause 3 Article 11 of the Law on Science and
Technology shall be carried out by the province-level People’s Committee.
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Article 14. Granting of
licenses for establishment of representative offices and branches in Vietnam of
foreign science and technology organizations
1. Granting of licenses for establishment of
representative offices and branches in Vietnam of foreign science and
technology organizations within the provincial territory as prescribed in
Clause 3 Article 15 of the Law on Science and Technology shall be carried out
by the province-level People’s Committee.
2. Procedures for granting of licenses for
establishment of representative offices and branches in Vietnam of foreign
science and technology organizations within the provincial territory are
prescribed in Sections VII of Appendix VI enclosed with this Decree.
Article 15. Approval of the
National Technology Innovation Program
Approval of the National Technology Innovation
Program as prescribed in Clause 2 Article 37 of the Law on Technology Transfer
shall be carried out by the Minister of Science and Technology.
Article 16. Approval of
programs for development of the national science and technology market
Approval of programs for development of the
national science and technology market as prescribed in Clause 2 Article 41 of
the Law on Technology Transfer shall be carried out by the Minister of Science
and Technology.
Article 17. Decision on
programs, schemes and policies on technology import, development of the science
and technology market, and promotion of technology transfer, application and
innovation activities
Decision on programs, schemes and policies on
technology import, development of the science and technology market, and
promotion of technology transfer, application and innovation as prescribed in
Clause 2 Article 54 of the Law on Technology Transfer shall be carried out by
the Minister of Science and Technology.
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DELEGATION
Section 1. TELECOMMUNICATIONS
Article 18. Settlement of
disputes in telecommunications service business
1. Settlement of disputes in telecommunications
service business in respect of disputes of telecommunications enterprises
falling within the scope of a facilities-based telecommunications service
license, for terrestrial fixed public telecommunications networks not using
radio frequencies and not using telecommunications subscriber numbers with the
scope of telecommunications network establishment within one province or
centrally-affiliated city as prescribed in Clauses 1 and 2 Article 14 of Decree
No. 163/2024/ND-CP dated December 24, 2024 of the Government on elaboration of
certain articles and measures for implementation of the Law on
Telecommunications (hereinafter referred to as Decree No. 163/2024/ND-CP) shall
be carried out by the People’s Committee of the province where the enterprise
rolls out network establishment in accordance with the license.
2. Settlement of disputes in telecommunications
service business in respect of disputes of telecommunications enterprises
falling within the scope of a telecommunications service business license for
terrestrial fixed telecommunications services (telecommunications services
provided on terrestrial fixed telecommunications networks) as prescribed in
Clauses 1 and 2 Article 14 of Decree No. 163/2024/ND-CP shall be carried out by
the People’s Committee of the province that granted the license to the
enterprise.
3. Procedures for settlement of disputes in
telecommunications service business are prescribed in Section I of Appendix I
enclosed with this Decree.
Article 19. Suspension of
telecommunications service business
1. Consideration of an application for
suspension of telecommunications service business of a telecommunications
enterprise in respect of a facilities-based telecommunications service license
for terrestrial fixed public telecommunications networks not using radio
frequencies and not using telecommunications subscriber numbers with the scope
of telecommunications network establishment within one province or
centrally-affiliated city as prescribed in Clause 1 Article 13 of Decree No. 163/2024/ND-CP
shall be carried out by the People’s Committee of the province where the
enterprise rolls out network establishment in accordance with the license.
2. Consideration of an application for suspension
of telecommunications service business of a telecommunications enterprise in
respect of a telecommunications service business license for terrestrial fixed
telecommunications services (telecommunications services provided on
terrestrial fixed telecommunications networks) as prescribed in Clause 1 Article
13 of Decree No. 163/2024/ND-CP shall be carried out by the People’s Committee
of the province that granted the license to the enterprise.
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Article 20. Granting of
certificate of registration for provision of telecommunications services
1. Granting of a certificate of registration for
provision of telecommunications services as prescribed in Clause 4 Article 44
of Decree No. 163/2024/ND-CP shall be carried out by the People’s Committee of
the province where the enterprise’s head office is located.
2. Procedures for granting of a certificate of
registration for provision of telecommunications services are prescribed in
Section III of Appendix I enclosed with this Decree.
Article 21. Receipt of
notification of provision of telecommunications services
1. Receipt of a notification of provision of
telecommunications services as prescribed in Point a Clause 1 and Clauses 4 and
5 Article 45 of Decree No. 163/2024/ND-CP shall be carried out by the People’s
Committee of the province where the enterprise’s head office is located.
2. Procedures for receipt of a notification of
provision of telecommunications services are prescribed in Section IV of
Appendix I enclosed with this Decree.
Article 22. Granting of
certificate of interconnection registration for provision of information
content services on mobile telecommunications networks
1. Granting of a certificate of interconnection
registration for provision of information content services on mobile
telecommunications networks to organizations and enterprises as prescribed in
Clause 2 Article 71 of Decree No. 147/2024/ND-CP dated November 9, 2024 of the
Government on management, provision and use of Internet services and
information on networks (hereinafter referred to as Decree No. 147/2024/ND-CP)
shall be carried out by the People’s Committee of the province where the
organization or enterprise’s head office is located.
2. Procedures for granting of a certificate of
interconnection registration for provision of information content services on
mobile telecommunications networks are prescribed in Section IX of Appendix I
enclosed with this Decree.
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1. Consideration of an application for amendment of
a certificate of interconnection registration for provision of information
content services on mobile telecommunications networks for organizations and
enterprises as prescribed in Clause 3 Article 72 of Decree No. 147/2024/ND-CP
shall be carried out by the People’s Committee of the province where the
organization or enterprise’s head office is located.
2. Procedures for amendment of a certificate of
interconnection registration for provision of information content services on
mobile telecommunications networks are prescribed in Section X of Appendix I
enclosed with this Decree.
Article 24. Extension of
certificate of interconnection registration for provision of information
content services on mobile telecommunications networks
1. Consideration of an application for extension of
a certificate of interconnection registration for provision of information
content services on mobile telecommunications networks for organizations and
enterprises as prescribed in Clause 4 Article 72 of Decree No. 147/2024/ND-CP
shall be carried out by the People’s Committee of the province where the
organization or enterprise’s head office is located.
2. Procedures for extension of a certificate of
interconnection registration for provision of information content services on
mobile telecommunications networks are prescribed in Section XI of Appendix I
enclosed with this Decree.
Article 25. Re-granting of
certificate of interconnection registration for provision of information
content services on mobile telecommunications networks
1. Consideration of an application for re-granting
of a certificate of interconnection registration for provision of information
content services on mobile telecommunications networks for organizations and
enterprises as prescribed in Clause 5 Article 72 of Decree No. 147/2024/ND-CP
shall be carried out by the People’s Committee of the province where the
organization or enterprise’s head office is located.
2. Procedures for re-granting of a certificate of
interconnection registration for provision of information content services on mobile
telecommunications networks are prescribed in Section XII of Appendix I
enclosed with this Decree.
Article 26. Suspension and
revocation of certificate of interconnection registration, and request for
temporary suspension, suspension or refusal of interconnection with enterprises
providing information content services on mobile telecommunications networks
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a) The province-level People’s Committee shall
issue a Decision on suspension of interconnection for provision of information
content services on mobile telecommunications networks for a period of 3 months
where the organization or enterprise commits a violation falling within one of
the cases prescribed in Clause 1 Article 73 of Decree No. 147/2024/ND-CP;
b) The province-level People’s Committee shall
issue a decision on revocation of the certificate of interconnection
registration for provision of information content services on mobile
telecommunications networks in the cases prescribed in Clause 2 Article 73 of
Decree No. 147/2024/ND-CP.
2. Procedures for suspension of interconnection for
provision of information content services on mobile telecommunications networks
and revocation of a certificate of interconnection registration for provision
of information content services on mobile telecommunications networks:
a) Where a competent authority detects and notifies
that an organization or enterprise violates the provisions in Point a Clause 1
Article 73 of Decree No. 147/2024/ND-CP, the province-level People’s Committee
shall issue a Decision on suspension of interconnection for provision of
information content services on mobile telecommunications networks for a period
of 3 months;
b) Where a competent authority detects and notifies
that an organization or enterprise violates the provisions in Point b Clause 1
Article 73 of Decree No. 147/2024/ND-CP, the province-level People’s Committee
shall issue a written notice requesting the organization or enterprise to
remedy. After 15 days from the end of the remedial period specified in the
written notice, if the organization or enterprise fails to remedy, the
competent authority granting the certificate shall issue a Decision on
suspension of the certificate of interconnection registration for provision of
information content services on mobile telecommunications networks for a period
of 3 months;
c) Where it is detected or reported that an
organization or enterprise violates the provisions in Article 8 of the Law on
Cybersecurity, the province-level People’s Committee shall transfer relevant
contents to a competent authority for consideration, verification and opinions
as a basis for carrying out the provisions in Points a and b Clause 3 Article
73 of Decree No. 147/2024/ND-CP;
d) Where an organization or enterprise falls within
one of the cases prescribed in Clause 2 Article 73 of Decree No.
147/2024/ND-CP, the province-level People’s Committee shall issue a decision on
revocation of the certificate of interconnection registration for provision of
information content services on mobile telecommunications networks and
concurrently send the Ministry of Science and Technology (Telecommunications
Authority) one copy of the decision for cooperation in management tasks.
Article 27. Allocation of H2H
mobile subscriber numbers through auction; return of H2H mobile subscriber
numbers allocated through auction
1. Allocation of H2H mobile subscriber numbers
through auction as prescribed in Point b Clause 2 Article 7 of Decree No.
115/2025/ND-CP dated June 3, 2025 of the Government on elaboration of certain
articles of the Law on Telecommunications regarding management of telecommunications
numbering resources and Internet resources; compensation upon the State’s
revocation of telecommunications codes and numbers and Internet resources;
auction of the right to use telecommunications codes and numbers and the
Vietnam national domain name “.vn” (hereinafter referred to as Decree No.
115/2025/ND-CP) shall be carried out by the province-level People’s Committee.
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3. Procedures for allocation of H2H mobile
subscriber numbers through auction are prescribed in Section XIII of Appendix I
enclosed with this Decree.
4. Procedures for consideration of an application
for return of H2H mobile subscriber numbers allocated through auction are
prescribed in Section XIV of Appendix I enclosed with this Decree.
Section 2. RADIO FREQUENCIES
Article 28. Granting,
re-granting, extension, amendment, and revocation of license for use of radio
frequencies and radio equipment, and handling of an application for cessation
of use of radio frequencies in respect of radio stations installed on fishing
vessels
1. Granting, re-granting, extension, amendment, and
revocation of a license for use of radio frequencies and radio equipment, and
handling of an application for cessation of use of radio frequencies in respect
of radio stations installed on fishing vessels as prescribed in Clause 2
Article 5 of Decree No. 63/2023/ND-CP dated August 18, 2023 of the Government
on elaboration of certain articles of the Law on Radio Frequencies No.
42/2009/QH12, as amended by Law No. 09/2022/QH15 (hereinafter referred to as
Decree No. 63/2023/ND-CP) shall be carried out by the province-level People’s
Committee.
2. Procedures for granting, re-granting, extension,
amendment, and revocation of a license for use of radio frequencies and radio
equipment, and handling of an application for cessation of use of radio
frequencies in respect of radio stations installed on fishing vessels are
prescribed in Sections I, II and III of Appendix II and Appendix II.1 enclosed
with this Decree.
Article 29. Granting,
re-granting, extension, amendment, and revocation of license for use of radio
frequencies and radio equipment, and handling of an application for cessation
of use of radio frequencies in respect of amateur radio stations
1. Granting, re-granting, extension, amendment, and
revocation of a license for use of radio frequencies and radio equipment, and
handling of an application for cessation of use of radio frequencies in respect
of amateur radio stations as prescribed in Clause 2 Article 5 of Decree No.
63/2023/ND-CP shall be carried out by the province-level People’s Committee.
2. Procedures for granting, re-granting, extension,
amendment, and revocation of a license for use of radio frequencies and radio
equipment, and handling of an application for cessation of use of radio
frequencies in respect of amateur radio stations are prescribed in Sections IV,
V and VI of Appendix II and Appendix II.1 enclosed with this Decree.
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1. Granting, re-granting, extension, amendment, and
revocation of a license for use of radio frequencies and radio equipment, and
handling of an application for cessation of use of radio frequencies in respect
of ship stations (excluding ship stations operating on international routes) as
prescribed in Clause 2 Article 5 of Decree No. 63/2023/ND-CP shall be carried
out by the province-level People’s Committee.
2. Procedures for granting, re-granting, extension,
amendment, and revocation of a license for use of radio frequencies and radio
equipment, and handling of an application for cessation of use of radio
frequencies in respect of ship stations (excluding ship stations operating on
international routes) are prescribed in Sections VII, VIII and IX of Appendix
II and Appendix II.1 enclosed with this Decree.
Article 31. Granting,
re-granting, extension, amendment, and revocation of license for use of radio
frequencies and radio equipment, and handling of an application for cessation
of use of radio frequencies in respect of internal radio communication networks
2. Procedures for granting, re-granting, extension,
amendment, and revocation of a license for use of radio frequencies and radio
equipment, and handling of an application for cessation of use of radio
frequencies in respect of internal radio communication networks are prescribed
in Sections X, XI and XII of Appendix II and Appendix II.1 enclosed with this
Decree.
Article 32. Granting,
re-granting and revocation of certificate recognizing organizations eligible to
issue amateur radio operator certificates
1. Granting, re-granting and revocation of a certificate
recognizing organizations eligible to issue amateur radio operator certificates
as prescribed in Clause 4 Article 59, Clause 5 Article 60, and Clause 2 Article
61 of Decree No. 63/2023/ND-CP shall be carried out by the province-level
People’s Committee.
2. Procedures for granting, re-granting and
revocation of a certificate recognizing organizations eligible to issue amateur
radio operator certificates are prescribed in Sections XIII and XIV of Appendix
II and Appendix II.2 enclosed with this Decree.
Article 33. Granting,
re-granting and revocation of certificate recognizing organizations eligible to
provide training and issue maritime radio operator certificates
1. Granting, re-granting and revocation of a
certificate recognizing organizations eligible to provide training and issue
maritime radio operator certificates as prescribed in Clause 4 Article 69,
Clause 5 Article 70, and Clause 2 Article 71 of Decree No. 63/2023/ND-CP shall
be carried out by the province-level People’s Committee.
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Section 3. INFORMATION
TECHNOLOGY AND DIGITAL TRANSFORMATION
Article 34. Appraisal of basic
design of Group A information technology application investment projects at
localities
1. Appraisal of basic design of Group A information
technology application investment projects at localities as prescribed in
Clause 1 Article 20 of Decree No. 73/2019/ND-CP dated September 5, 2019 of the
Government on management of investment in information technology applications
using state budget funds, as amended at Clause 15 Article 1 of Decree No.
82/2024/ND-CP dated July 10, 2024 of the Government on amendments to Decree No.
73/2019/ND-CP dated September 5, 2019 of the Government on management of
investment in information technology applications using state budget funds
(hereinafter referred to as Decree No. 73/2019/ND-CP) shall be carried out by
the province-level People’s Committee.
2. Procedures for appraisal of the basic design of
the project:
a) The appraisal council or the specialized
authority appraising the project under the Law on Public Investment
(hereinafter collectively referred to as the appraisal focal point) is
responsible for: sending the basic design documents for opinions or
submitting to the competent authority deciding on investment for opinions on
appraisal of the basic design by the entity specified in Clause 1 of this
Article; obtaining opinions or submitting to the competent authority deciding
on investment for opinions of other relevant agencies and units for project
appraisal (if necessary);
b) The entity appraising the basic design specified
in Clause 1 of this Article is responsible for sending its appraisal opinion on
the basic design to the appraisal focal point for aggregation of opinions when
carrying out project appraisal;
c) The time limit for appraisal of the basic design
from the date of receipt of a complete and valid application file shall not
exceed 20 days for Group A projects;
d) The application file sent by the appraisal focal
point for opinions on appraisal of the basic design includes: survey report;
basic design; other relevant legal documents and materials. The number of
application files is 1 set;
dd) Subject matters of appraisal of the basic
design include:
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compliance with the E-Government Architecture
Framework, Digital Government Architecture Framework, or ministerial-level
digital architecture framework, or province-level digital architecture
framework;
appropriateness of the selection of technological,
technical and equipment options;
conformity of the basic design with technical
standards, technical regulations and basic requirements on functions and
technical features;
conformity of the basic design in interconnection,
interoperability and data sharing with relevant information systems, hardware,
software and databases;
and other contents in the basic design.
Article 35. Appraisal of
detailed design of Group A information technology application investment
projects at localities implemented in the form of an economic-technical report
1. Appraisal of detailed design of Group A
information technology application investment projects at localities as
prescribed in Point b Clause 2 Article 22 of Decree No. 73/2019/ND-CP as
amended by Decree No. 82/2024/ND-CP shall be carried out by the province-level
People’s Committee.
2. Procedures for appraisal of the detailed design
a) The appraisal council or the specialized
authority appraising the project under the Law on Public Investment
(hereinafter collectively referred to as the appraisal focal point) is
responsible for: sending the detailed design application file for opinions or
submitting to the competent authority deciding on investment for opinions on
appraisal of the detailed design by the competent entity specified in Clause 1
of this Article; obtaining opinions of other relevant agencies and units for
project appraisal (if necessary);
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c) The time limit for appraisal of the detailed
design from the date of receipt of a complete and valid application file shall
not exceed 20 days for Group A projects;
d) The application file sent by the appraisal focal
point for opinions on appraisal of the detailed design includes: survey report;
detailed design; other relevant legal documents and materials. The number
of application files is 1 set.
dd) Subject matters of appraisal of the detailed
design include:
Conformity of the components and specifications of
the detailed design with the law, including: key contents of the detailed
design, detailed design diagrams, survey documents and other relevant files as
required by law;
compliance with the E-Government Architecture
Framework, Digital Government Architecture Framework, or ministerial-level
digital architecture framework, or province-level digital architecture
framework;
appropriateness of the selection of technological,
technical and equipment options;
Reasonableness of the solution and equipment (if
any);
Conformity with the applied technical standards and
technical regulations;
Conformity of the detailed design in
interconnection, interoperability and data sharing with relevant information
systems, hardware, software and databases;
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Other contents in the detailed design.
Section 4. INTELLECTUAL
PROPERTY
Article 36. Granting a
duplicate of protection title and re-granting protection title/duplicate of
protection title
1. Granting a duplicate of protection title (except
for a request for duplicates for co-owners at the time of filing an application
for industrial property rights) and re-granting protection title/duplicate of
protection title as prescribed in Clause 7 Article 29 of Decree No.
65/2023/ND-CP dated August 23, 2023 of the Government on elaboration of certain
articles and measures for implementation of the Law on Intellectual Property
regarding industrial property, protection of industrial property rights, rights
to plant varieties, and state management of intellectual property (hereinafter
referred to as Decree No. 65/2023/ND-CP) shall be carried out by the
province-level People’s Committee.
2. Procedures for granting a duplicate of
protection title and re-granting protection title/duplicate of protection title
are prescribed in Section I and Clause 1 Section IV of Appendix III.1 enclosed
with this Decree.
Article 37. Granting a
duplicate and re-granting the certificate of registration of a contract for
transfer of the right to use an industrial property object
1. Granting a duplicate and re-granting the
certificate of registration of a contract for transfer of the right to use an
industrial property object as prescribed in Clause 8 Article 29 of Decree No.
65/2023/ND-CP shall be carried out by the province-level People’s Committee.
2. Procedures for granting a duplicate and
re-granting the certificate of registration of a contract for transfer of the
right to use an industrial property object are prescribed in Section I and
Clause 4 Section IV of Appendix III.1 enclosed with this Decree.
Article 38. Organization of
the examination of professional competence in industrial property
representation
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2. Procedures for carrying out the task of
organizing the examination of professional competence in industrial property
representation are as follows:
a) The organization of the examination session on
professional competence in industrial property representation shall be carried
out periodically every 2 years in accordance with the Regulation on the
examination of professional competence in industrial property representation
promulgated by the Ministry of Science and Technology;
b) The province-level People’s Committee shall notify
the Plan for organization of the examination session on the portal of the
agency, which clearly states the conditions for participation, procedures for
submission of the application file, subject matters of the examination, and the
expected time and venue of the examination;
c) Within 10 days from the issuance of the Decision
on approval of the results of the examination session on professional
competence in industrial property representation, the province-level People’s
Committee shall send the Decision information to the regulatory agency in
charge of industrial property rights and publish it on the portal of that
agency;
d) The examination results of an individual meeting
the provisions of Point e Clause 2 Article 155 of the Law on Intellectual Property
shall be valid for applying for the Industrial property representation service
practicing certificate for 5 years (from the date of issuance of the notice of
examination results).
3. Procedures for registration for the examination
of professional competence in industrial property representation are prescribed
in Section I and Clause 9 Section II of Appendix III.1 enclosed with this
Decree.
Article 39. Granting,
re-granting, and revocation of the Industrial property representation service
practicing certificate
1. Granting, re-granting, and revocation of the
Industrial property representation service practicing certificate as prescribed
in Article 64 of Decree No. 65/2023/ND-CP shall be carried out by the
province-level People’s Committee.
2. Procedures for granting, re-granting, and
revocation of the Industrial property representation service practicing
certificate are prescribed in Section I and Clauses 1, 2 and 3 Section II of
Appendix III.1 enclosed with this Decree.
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1. Recording changes in information of an
industrial property representation service organization as prescribed in Clause
3 Article 65 of Decree No. 65/2023/ND-CP shall be carried out by the
province-level People’s Committee.
2. Procedures for recording changes in information
of an industrial property representation service organization are prescribed in
Section I and Clause 6 Section II of Appendix III.1 enclosed with this Decree.
Article 41. Termination of the
right to use an invention under a compulsory decision
1. Termination of the right to use an invention
under a compulsory decision, based on the provisions of Article 9 of this
Decree, shall be carried out by the province-level People’s Committee that
issued such decision.
2. Procedures for carrying out termination of the
right to use an invention under a compulsory decision are prescribed in Section
I and Clause 2 Section V of Appendix III.1 enclosed with this Decree.
Article 42. Recording
amendments to the contents, extension, and early termination of the validity
term of a contract for transfer of the right to use an industrial property
object
1. Recording amendments to the contents, extension,
and early termination of the validity term of a contract for transfer of the
right to use an industrial property object as prescribed in Clause 1 Article 61
of Decree No. 65/2023/ND-CP shall be carried out by the province-level People’s
Committee.
2. Procedures for recording amendments to the
contents, extension, and early termination of the validity term of a contract
for transfer of the right to use an industrial property object are prescribed
in Section I and Clause 3 Section IV of Appendix III.1 enclosed with this
Decree.
Article 43. Examination of
professional competence in industrial property assessment
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2. Procedures for carrying out the task of
organizing the examination of professional competence in industrial property
assessment are as follows:
a) The province-level People’s Committee shall
notify the Plan for organization of the examination session on the portal of
the agency, which clearly states the conditions for participation, procedures
for submission of the application file, subject matters of the examination, and
the expected time and venue of the examination;
b) The examination session must be organized within
3 months from the date on which there are at least 5 registrants whose
registration application files are accepted under Clause 4 Article 108 of
Decree No. 65/2023/ND-CP and in accordance with the Regulation on the
examination of professional competence in industrial property assessment
promulgated by the Ministry of Science and Technology;
c) Within 10 days from the issuance of the Decision
on approval of the results of the examination session on professional
competence in industrial property assessment, the province-level People’s
Committee shall send the Decision information to the regulatory agency in
charge of industrial property rights and publish it on the portal of that
agency;
d) The examination results shall be valid for
applying for the Industrial property assessor card for 5 years (from the date
of issuance of the notice of examination results).
3. Procedures for registration for the examination
of professional competence in industrial property assessment are prescribed in
Section I and Clause 4 Section III of Appendix III.1 enclosed with this Decree.
Article 44. Granting,
re-granting, and revocation of the Industrial property assessor card
2. Procedures for granting, re-granting, and
revocation of the Industrial property assessor card are prescribed in Section I
and Clauses 1, 2 and 3 Section III of Appendix III.1 enclosed with this Decree.
Section 5. ATOMIC ENERGY
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1. Granting a license for use of radiation
equipment for positron emission tomography integrated with computed tomography
(PET/CT), integrated with single photon emission computed tomography (SPECT/CT);
and X-ray radiation equipment used in X-ray fluorescence analysis, X-ray
diffraction analysis, printed circuit board inspection, electron microscopy,
and security screening as prescribed in Point d Clause 2 Article 1 and Clause 1
Article 28 of Decree No. 142/2020/ND-CP dated December 9, 2020 of the
Government on radiation work and service supporting applications of atomic
energy (hereinafter referred to as Decree No. 142/2020/ND-CP) shall be carried
out by the province-level People’s Committee.
2. Procedures for granting a license for use of
radiation equipment for positron emission tomography integrated with computed
tomography (PET/CT), integrated with single photon emission computed tomography
(SPECT/CT); and X-ray radiation equipment used in X-ray fluorescence analysis,
X-ray diffraction analysis, printed circuit board inspection, electron
microscopy, and security screening are prescribed in Section I of Appendix IV
enclosed with this Decree.
Article 46. Granting the
radiation worker certificate to the safety officer for use of PET/CT, SPECT/CT,
and X-ray equipment used in X-ray diffraction analysis, electron microscopy,
and security screening
2. Procedures for granting the radiation worker
certificate to the safety officer at a facility using radiation equipment for
positron emission tomography integrated with computed tomography (PET/CT),
integrated with single photon emission computed tomography (SPECT/CT), and
X-ray equipment used in X-ray diffraction analysis, electron microscopy, and
security screening are prescribed in Section II of Appendix IV enclosed with
this Decree.
Article 47. Declaration of
radiation equipment for PET/CT, SPECT/CT; and X-ray radiation equipment used in
X-ray fluorescence analysis, X-ray diffraction analysis, printed circuit board
inspection, electron microscopy, and security screening
1. Receipt of the declaration of radiation
equipment for positron emission tomography integrated with computed tomography
(PET/CT), integrated with single photon emission computed tomography
(SPECT/CT); and X-ray radiation equipment used in X-ray fluorescence analysis,
X-ray diffraction analysis, printed circuit board inspection, electron
microscopy, and security screening as prescribed in Point a Clause 1 Article 34
of Decree No. 142/2020/ND-CP shall be carried out by the province-level
People’s Committee.
2. Procedures for declaration of radiation
equipment for positron emission tomography integrated with computed tomography
(PET/CT), integrated with single photon emission computed tomography
(SPECT/CT); and X-ray radiation equipment used in X-ray fluorescence analysis,
X-ray diffraction analysis, printed circuit board inspection, electron
microscopy, and security screening are prescribed in Section III of Appendix IV
enclosed with this Decree. Organizations and individuals are exempt from this
procedure where they submit an application file requesting a license for
radiation work within the time limit prescribed in Clause 1 Section III of
Appendix IV enclosed with this Decree.
Section 6. STANDARDS,
METROLOGY AND QUALITY
Article
48. Granting the certificate of registration for provision of verification,
calibration and testing services for measuring instruments and measurement
standards
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2. Procedures for granting the certificate of
registration for provision of verification, calibration and testing services
for measuring instruments and measurement standards are prescribed in Section I
Part A of Appendix V.1 enclosed with this Decree.
Article 49. Re-granting the
certificate of registration for provision of verification, calibration and
testing services for measuring instruments and measurement standards
1. Re-granting the certificate of registration for
provision of verification, calibration and testing services for measuring instruments
and measurement standards as prescribed in Article 7 of Decree No.
105/2016/ND-CP shall be carried out by the President of the province-level
People’s Committee.
2. Procedures for re-granting the certificate of
registration for provision of verification, calibration and testing services
for measuring instruments and measurement standards are prescribed in Section
II Part A of Appendix V.1 enclosed with this Decree.
Article 50. Termination of
validity of the certificate of registration for provision of verification,
calibration and testing services for measuring instruments and measurement
standards
1. Termination of validity of the certificate of
registration for provision of verification, calibration and testing services
for measuring instruments and measurement standards as prescribed in Article 8
of Decree No. 105/2016/ND-CP shall be carried out by the President of the
province-level People’s Committee.
2. Procedures for termination of validity of the
certificate of registration for provision of verification, calibration and
testing services for measuring instruments and measurement standards are
prescribed in Section III Part A of Appendix V.1 enclosed with this Decree.
Article
51. New granting, additional granting, amendment and re-granting of the
certificate of registration for product and goods quality testing activities
1. New granting, additional granting, amendment and
re-granting of the certificate of registration for product and goods quality
testing as prescribed in Clause 1 Article 6 and Point a Clause 2 Article 28 of
Decree No. 107/2016/ND-CP dated July 1, 2016 of the Government on conditions
for provision of conformity assessment services (hereinafter referred to as
Decree No. 107/2016/ND-CP) shall be carried out by the province-level People’s
Committee.
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Article 52. New granting,
additional granting, amendment and re-granting of the certificate of
registration for product and goods quality inspection during use
1. New granting, additional granting, amendment and
re-granting of the certificate of registration for product and goods quality
inspection during use as prescribed in Clause 1 Article 10 and Point a Clause 2
Article 28 of Decree No. 107/2016/ND-CP shall be carried out by the
province-level People’s Committee.
2. Procedures for new granting, additional granting,
amendment and re-granting of the certificate of registration for product and
goods quality inspection during use are prescribed in Section II Part B of
Appendix V.1 enclosed with this Decree.
Article
53. New granting, additional granting, amendment and re-granting of the
certificate of registration for product and goods quality inspection
1. New granting, additional granting, amendment and
re-granting of the certificate of registration for product and goods quality
inspection as prescribed in Clause 1 Article 14 and Point a Clause 2 Article 28
of Decree No. 107/2016/ND-CP shall be carried out by the province-level
People’s Committee.
2. Procedures for new granting, additional
granting, amendment and re-granting of the certificate of registration for product
and goods quality inspection are prescribed in Section III Part B of Appendix
V.1 enclosed with this Decree.
Article
54. New granting, additional granting, amendment and re-granting of the
certificate of registration for product certification and management system
certification
1. New granting, additional granting, amendment and
re-granting of the certificate of registration for certification as prescribed
in Clause 1 Article 18 and Point a Clause 2 Article 28 of Decree No.
107/2016/ND-CP shall be carried out by the province-level People’s Committee.
2. Procedures for new granting, additional
granting, amendment and re-granting of the certificate of registration for
product certification and management system certification are prescribed in Section
IV Part B of Appendix V.1 enclosed with this Decree.
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1. Inspection of conformity assessment carried out
by conformity assessment bodies as prescribed in Point c Clause 2 Article 28 of
Decree No. 107/2016/ND-CP shall be carried out by the province-level People’s
Committee.
2. Procedures for inspection of conformity
assessment carried out by conformity assessment bodies are prescribed in
Appendix V.2 enclosed with this Decree.
Article 56. Revocation of the
certificate of registration of operation of conformity assessment bodies
Revocation of the certificate of registration of
operation of conformity assessment bodies as prescribed in Article 26 of Decree
No. 107/2016/ND-CP (as supplemented by Clause 12 Article 3 of Decree No.
154/2018/ND-CP dated November 9, 2018 of the Government on amendments to,
supplements to, and annulment of certain regulations on investment and business
conditions in the state management sector of the Ministry of Science and
Technology and certain regulations on specialized inspection), within the state
management sector of the Ministry of Science and Technology, shall be carried
out by the province-level People’s Committee.
Section 7. SCIENCE AND
TECHNOLOGY
Article
57. Guidance, training and professional development related to the High-Tech
Park Management Board
Guidance, training and professional development
related to the High-Tech Park Management Board as prescribed in Point dd Clause
3 Article 42 of Decree No. 10/2024/ND-CP dated January 1, 2024 of the
Government on hi-tech parks (hereinafter referred to as Decree No.
10/2024/ND-CP) shall be carried out by the province-level People’s Committee.
Article 58. Requesting the
Prime Minister’s opinion on approval of technologies and products of an
investment project for a hi-tech research and development facility
Requesting the Prime Minister’s opinion on approval
of technologies and products of an investment project for a hi-tech research
and development facility as prescribed in Clause 4 Article 42 of Decree No.
10/2024/ND-CP shall be carried out by the province-level People’s Committee.
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1. Granting, amendment, additional granting, and
re-granting of the certificate of eligibility for technology assessment service
operation as prescribed in Articles 34 and 35 and Article 39 of Decree No.
76/2018/ND-CP dated May 15, 2018 of the Government on elaboration of and
guidelines for implementation of the Law on Technology Transfer (hereinafter
referred to as Decree No. 76/2018/ND-CP) shall be carried out by the
province-level People’s Committee.
2. Procedures for granting, amendment, additional
granting, and re-granting of the certificate of eligibility for technology
assessment service operation are prescribed in Section III of Appendix VI
enclosed with this Decree.
Article 60. Granting,
amendment, additional granting, and re-granting of the certificate of
eligibility for technology appraisal service
1. Granting, amendment, additional granting, and
re-granting of the certificate of eligibility for technology appraisal service
as prescribed in Articles 37 and 38 and Article 39 of Decree No. 76/2018/ND-CP
shall be carried out by the province-level People’s Committee.
2. Procedures for granting, amendment, additional
granting, and re-granting of the certificate of eligibility for technology
appraisal service are prescribed in Section IV of Appendix VI enclosed with
this Decree.
Article 61. Certification of
specialized means of transport in the technology line directly used for
production of an investment project
1. Certification of specialized means of transport
in the technology line directly used for production of an investment project as
prescribed in Point e Clause 2 Article 31 of Decree No. 134/2016/ND-CP dated
September 1, 2016 of the Government on elaboration of certain articles of and
measures for implementation of the Law on Export Duty and Import Duty (amended
by Clause 14 Article 1 of Decree No. 18/2021/ND-CP dated March 11, 2021 of the
Government) shall be carried out by the province-level People’s Committee.
2. Procedures for certification of specialized
means of transport in the technology line directly used for production of an
investment project are prescribed in Section V of Appendix VI enclosed with
this Decree.
Article 62. Approval of the
charter of a foreign-invested science and technology organization
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2. Procedures for approval of the charter of a
foreign-invested science and technology organization within a province are
prescribed in Section VI of Appendix VI enclosed with this Decree.
Article 63. Notification of
satisfaction of requirements for establishment of an overseas affiliated
science and technology organization
1. Notification of satisfaction of requirements for
establishment of an overseas affiliated science and technology organization as
prescribed in Clause 2 Article 18 of Decree No. 08/2014/ND-CP shall be carried
out by the President of the province-level People’s Committee.
2. Procedures for making notification of
satisfaction of requirements for establishment of an overseas affiliated
science and technology organization are prescribed in Section VIII of Appendix
VI enclosed with this Decree.
Article 64. Notification of
satisfaction of requirements for establishment of overseas representative
offices and branches of a Vietnamese science and technology organization
1. Notification of satisfaction of requirements for
establishment of overseas representative offices and branches of a Vietnamese
science and technology organization as prescribed in Clause 2 Article 23 of
Decree No. 08/2014/ND-CP shall be carried out by the President of the
province-level People’s Committee.
2. Procedures for making notification of
satisfaction of requirements for establishment of overseas representative
offices and branches of a Vietnamese science and technology organization are
prescribed in Section IX of Appendix VI enclosed with this Decree.
Article 65. Granting the
certificate of high technology application operation to organizations
1. Granting the certificate of high technology
application operation to an organization as prescribed in Article 1 of Decision
No. 55/2010/QD-TTg dated September 10, 2010 of the Prime Minister on competence
and procedures for certification of organizations and individuals engaged in
high technology application, certification of organizations and individuals
engaged in hi-tech research and development, and recognition of high-tech
enterprises (hereinafter referred to as Decision No. 55/2010/QD-TTg) shall be
carried out by the province-level People’s Committee.
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Article 66. Revocation of the
certificate of high technology application operation of an organization
Revocation of the certificate of high technology
application operation of an organization as prescribed in Article 3 of Decision
No. 55/2010/QD-TTg shall be carried out by the province-level People’s
Committee.
Article 67. Granting the
certificate of high technology application operation to individuals
1. Granting the certificate of high technology
application operation to an individual as prescribed in Article 1 of Decision
No. 55/2010/QD-TTg shall be carried out by the province-level People’s
Committee.
2. Procedures for granting the certificate of high
technology application operation to individuals are prescribed in Section XI of
Appendix VI enclosed with this Decree.
Article 68. Revocation of the
certificate of high technology application operation of an individual
Revocation of the certificate of high technology application
operation of an individual as prescribed in Article 3 of Decision No.
55/2010/QD-TTg shall be carried out by the province-level People’s Committee.
Article
69. Granting the certificate of high-tech enterprise
1. Granting the certificate of high-tech enterprise
as prescribed in Article 1 of Decision No. 55/2010/QD-TTg shall be carried out
by the province-level People’s Committee.
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Article 70. Revocation of the
certificate of high-tech enterprise
Revocation of the certificate of high-tech
enterprise as prescribed in Article 6 of Decision No. 55/2010/QD-TTg shall be
carried out by the province-level People’s Committee.
Article 71. Granting the
certificate of hi-tech research and development operation to organizations
1. Granting the certificate of hi-tech research and
development operation to an organization as prescribed in Article 1 of Decision
No. 55/2010/QD-TTg shall be carried out by the province-level People’s
Committee.
2. Procedures for granting the certificate of
hi-tech research and development operation to organizations are prescribed in
Section XIII of Appendix VI enclosed with this Decree.
Article 72. Revocation of the
certificate of hi-tech research and development operation of an organization
Revocation of the certificate of hi-tech research
and development operation granted to an organization as prescribed in Article 3
of Decision No. 55/2010/QD-TTg shall be carried out by the province-level
People’s Committee.
Article 73. Granting the
certificate of hi-tech research and development operation to individuals
1. Granting the certificate of hi-tech research and
development operation to an individual as prescribed in Article 1 of Decision
No. 55/2010/QD-TTg shall be carried out by the province-level People’s
Committee.
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Article 74. Revocation of the
certificate of hi-tech research and development operation of an individual
Revocation of the certificate of hi-tech research
and development operation of an individual as prescribed in Article 3 of
Decision No. 55/2010/QD-TTg shall be carried out by the province-level People’s
Committee.
Chapter IV
IMPLEMENTATION CLAUSES
Article 75. Entry into force
1. This Decree shall come into force on July 1,
2025.
2. This Decree shall cease to be effective as of
March 1, 2027, except in the following cases:
a) Ministries or ministerial-level agencies report
to the Government and are approved by the National Assembly to extend the
application of this Decree in whole or in part;
b) Where laws, resolutions of the National
Assembly, ordinances, resolutions of the Standing Committee of the National
Assembly, decrees, resolutions of the Government, or decisions of the Prime
Minister provide for the competence, responsibilities for implementation, and
procedures prescribed in this Decree, and are passed or promulgated from July
1, 2025 and come into force before March 1, 2027, the corresponding provisions
in this Decree shall cease to have effect at the time such legislative
documents come into force.
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Article 76. Transition clause
1. The Ministry of Science and Technology shall
provide information on the applications for settlement of administrative
procedures processed by the Ministry prior to July 1, 2025 in order to ensure
continuous and smooth settlement of administrative procedures upon devolution
and delegation to the President of the province-level People’s Committee.
2. For petitions and applications that have been
received by the competent authority or person prior to the effective date of
this Decree but have not been fully settled, such competent authority or person
shall continue processing them in accordance with the law in force at the time
of receipt of such petitions and applications.
3. Documents and papers that have been issued or
granted by the competent authority or person prior to the date this Decree
comes into force, and remain effective or remain within their validity period,
shall continue to be applied and used in accordance with law until expiration
or until amended by, replaced, annulled, revoked, or withdrawn by the authority
or person receiving the relevant functions, tasks and powers, or by the
competent authority or person./.
ON BEHALF OF
THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Hoa Binh