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MINISTRY
OF SCIENCE AND TECHNOLOGY OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
27/2006/QD-BKHCN
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Hanoi, December
18, 2006
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DECISION
ON THE ISSUANCE OF
"REGULATION ON CRITERIA FOR IDENTIFYING HIGH-TECH PRODUCT MANUFACTURING
PROJECTS"
THE MINISTER OF SCIENCE AND TECHNOLOGY
Pursuant to Decree No. 54/2003/ND-CP dated May
19, 2003 of the Government on defining the functions, tasks, powers, and
organizational structure of the Ministry of Science and Technology, and Decree
No. 28/2004/ND-CP dated January 16, 2004 of the Government on amendments to
certain provisions of Decree No. 54/2003/ND-CP;
Pursuant to
Decree No. 99/2003/ND-CP dated August 28, 2003 of the Government on the
issuance of the Regulation on High-Tech Parks;
Upon the proposal
of the Director General of the High-Tech Department,
HEREBY DECIDES:
Article 1. Issue together
with this Decision the "Regulation on criteria for identifying high-tech
product manufacturing projects”.
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Article 3. The Director
General of the High-Tech Department, the Head of the Management Board of Hoa
Lac High-Tech Park, the Head of the Management Board of Ho Chi Minh City
High-Tech Park, and all relevant organizations and individuals shall implement
this Decision. /.
PP. MINISTER
DEPUTY MINISTER
Le Dinh Tien
REGULATION
ON CRITERIA FOR
IDENTIFYING HIGH-TECH PRODUCT MANUFACTURING PROJECTS
(Enclosed with Decision No. 27/2006/QD-BKHCN dated December 18, 2006 of the Minister
of Science and Technology)
Article 1. Scope and regulated entities
This Regulation stipulates the
criteria for identifying high-tech product manufacturing projects (hereinafter
referred to as projects) invested in Hoa Lac High-Tech Park and Ho Chi Minh
City High-Tech Park (hereinafter referred to as High-Tech Parks).
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Article 2. Criteria for
identifying projects
Projects selected for investment
in High-Tech Parks must meet the following criteria:
1. The
project activities must fall within the high-tech sectors encouraged for
investment as specified in Clause 2, Article 5 of Decree No. 99/2003/ND-CP
dated August 28, 2003 of the Government on the issuance of the Regulation on
High-Tech Parks, including:
a) Information and communication
technology, and software technology;
b) Biotechnology for
agriculture, aquaculture, and healthcare;
c) Microelectronics, precision
mechanics, mechatronics, optoelectronics, and automation;
d) New materials technology,
nanotechnology;
dd) Environmental technology,
new energy technology;
e) Certain other special
technologies.
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3. Research
and development expenditure of the project:
a) The total expenditure on
research and development carried out in Vietnam must account for at least 5% of
the project's total annual revenue, or the expenditure on research and
development activities carried out in Vietnam must account for at least 1% of
the project's total annual revenue.
b) The expenditure on research
and development expenditure and operating expenditures on research and
development are specified in Appendix 1 enclosed herewith.
4. The
proportion of employees with a bachelor’s degree or higher directly engaged in
research and development in the project must be at least 5% of the total
project workforce.
5. The
project's technological production line must meet advanced standards, ensuring
the following requirements: Production must be carried out on a specialized and
automated production line, in which at least one-third of the automated
equipment is controlled by programmed systems; the working environment must
meet industrial hygiene standards as prescribed by Vietnamese law.
6. The
project’s quality control system must meet specialized international standards
(e.g., ISO 9000/2001, CMM, or GMP, etc.); a computerized enterprise management
system must be implemented.
7. The
project must comply with environmental standards and regulations applicable to
its sector as prescribed by Vietnamese law. Projects are encouraged to achieve
international environmental standards such as ISO 14000 or equivalent.
Article 3. Implementation
1. The
Management Boards of the High-Tech Parks, based on the strategies and
development objectives of the High-Tech Parks, actual development conditions,
and the specific nature of each high-tech sector:
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If necessary, the Management
Boards of the High-Tech Parks may include high-tech products not listed in
Appendix 2 of this Regulation in the List of high-tech products encouraged for
investment in their respective High-Tech Parks, subject to written approval
from the Ministry of Science and Technology.
b) Guide investors in preparing
investment projects, including explanations on project technology and
technological processes; establish commitments between investors and the
Management Boards of the High-Tech Parks regarding the proportion, timeline, and
implementation of the provisions in Clauses 3 and 4, Article 2 of this
Regulation.
2. The
Management Boards of the High-Tech Parks shall enter into agreements with
investors on specific measures in case the investors fail to fulfill the
commitments made, under the following principles:
a) If the agreed implementation
period is exceeded and the investor has not fulfilled the commitments, the
investor will no longer be entitled to investment incentives as prescribed by
Vietnamese law.
b) If necessary, the investor
may request an extension of the commitment period from the Management Board of
the High-Tech Park, provided that a legitimate reason is presented and that at
least 60% of the commitments specified in Clauses 3 and 4, Article 2 of this
Regulation have been fulfilled.
3. The Management Boards of the
High-Tech Parks shall facilitate and encourage the implementation of the
standards stipulated in this Regulation for projects that were granted
investment licenses before the effective date of this Regulation.
4. During implementation, if any
difficulties or issues arise, the Management Boards of the High-Tech Parks
shall promptly report to the Ministry of Science and Technology for
consideration and guidance.
Annually, the Ministry of
Science and Technology shall conduct inspections on the compliance of projects
in the High-Tech Parks with the standards stipulated in Article 2 of this
Regulation./.
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RESEARCH AND
DEVELOPMENT EXPENDITURES
(Issued together with Decision No. 27/2006/QD-BKHCN dated 18/12/2006.)
1. Research and development expenditures include:
Expenditure on constructing technical infrastructure for research; expenditure
on research and development activities; expenditure on training research
personnel.
2. Expenditure on constructing technical
infrastructure for research includes:
a) Expenditure on constructing and installing
facilities for research, experimentation, and testing.
b) Expenditure on procuring equipment for research,
experimentation, and testing.
c) Expenditure on procuring computer software and
technical documentation.
3. Expenditure for research and development
activities includes:
a) Wages, salaries, and allowances for research
staff and research support personnel; remuneration for experts providing
review, critique, and evaluation of research results; wages for other workers
participating in and supporting research; expenditure for seminars and
scientific conferences related to the project's research content.
b) Procurement and transportation of raw materials,
materials, chemicals, fuels, and energy for research purposes.
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d) Leasing of facilities and equipment for
research, experimentation, and testing.
dd) The following expenses shall not be included in
the expenditure for research and development activities: the cost of product
quality inspection or periodic inspection of raw materials, materials, fuels,
and energy; the cost of procuring tools and products for production; the cost
of research activities in the field of social sciences and humanities; the cost
of periodic data collection not related to research; the cost of efficiency
surveys or management research; the cost of research on marketing and sales
promotion.
4. Expenditure on training
research personnel includes: expenditure for long-term or short-term training
for the project's research staff domestically and abroad.
APPENDIX II
I. High-technology products in
telecommunications and information technology
Telecommunications
1. Mobile phones, various
types of accessories for switchboards and certain telecommunications systems,
and satellite terminals.
2. Design and optimization of
telecommunications networks and systems within the national telecommunications
infrastructure.
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Information technology
4. Computers and peripheral devices.
5. Hard drives and optical discs.
6. High-capacity RAM.
7. Flat-panel displays and high-resolution
monitors.
8. High-performance computers.
9. Computers and embedded systems.
10. RFID equipment.
11. Electronic authentication systems.
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13. Value-added software on mobile networks and
broadband systems.
14. Computer and network security software.
15. Automated translation software and equipment.
16. Software and equipment for sound recognition.
17. Software and equipment for character and image
recognition.
II. High-technology products in automation,
mechatronics, and precision mechanics
Electronic equipment
1. Printed circuit boards.
2. Electrical circuit boards and control panels.
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4. Semiconductor devices (diodes, rectifiers,
thyristors, diacs, triacs, light-sensing devices).
5. Electronic integrated circuits and
micro-assemblies (including fully digital integrated units, fully analog
integrated units, and hybrid integrated circuits).
6. Piezoelectric crystals.
7. Fixed capacitors (fixed tantalum capacitors,
fixed aluminum electrolytic capacitors, and fixed single- and multilayer
ceramic capacitors).
8. Specialized electric machines and molecular
accelerators.
9. Electronic audio or image signal devices.
10. Semiconductors and other high-technology
electronic components.
Scientific equipment
11. Electronic diagnostic equipment for medical
treatment, surgery, and X-ray equipment.
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13. Liquid crystal devices, laser equipment, and
other optical instruments.
14. Dental drill motors.
15. Instruments and apparatus for measurement and
testing (compasses, steering instruments; devices for measuring and testing
liquids and gases; instruments for measuring and testing pressure).
16. . Instruments and apparatus for physical and
chemical analysis (gas, smoke, spectral, optical radiation analysis, and light
measurement).
17. Precision weighing instruments and devices for
hardness testing and density measurement.
18. Instruments and apparatus for automatic
regulation and control (temperature control, pressure control).
19. Equipment and instruments for electrical, wave,
and spectral analysis (detection of ionizing radiation, analysis of cathode ray
oscillations, electrical measurements, and telecommunications measurements).
20. Equipment and instruments for photography,
cinematography, fiber optics, contact lenses, artificial eyes, hearing aids,
and cardiac pacemakers.
21. Medical equipment in analytical technology and
extraction technology in medicine.
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22. Gas turbines.
23. Nuclear reactors.
24. Equipment for isotope separation.
25. Devices operating with laser beams, optical
processes or photon beams, ultrasonic waves, electrical discharge or
electrochemical processes, electron beams, ion beams, and plasma spraying.
26. Numerically controlled machines (including
turning machines, drilling machines, crushers, milling machines, grinding
machines, bending machines, folding machines, rolling machines, shearing
machines, punching machines, welding machines, gantry welders, and metal plasma
gantry welders).
Automation equipment:
27. Equipment and devices for design and
manufacturing with computer-aided assistance (CAD/CAM).
28. Equipment and devices for comprehensive
integrated automation of production processes, measurement, information
processing, weather and disaster forecasting, and environmental protection.
29. Equipment and devices for computer numerical
control (CNC) technology in manufacturing and machine tools.
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31. Equipment for manufacturing nanomaterials
and devices for applying nanotechnology.
III. High-technology products in the field of
materials
Advanced materials for agriculture:
1. Advanced polymer film materials used for
greenhouse covering.
2. Superabsorbent polymers for soil moisture
retention, soil improvement, drought mitigation, enhanced germination, and
increased crop yields.
3. Biodegradable polymers.
Materials involved in agricultural product
preservation:
4. Micronutrients (e.g., rare earth elements) for
fertilizers.
5. Materials for agrochemical pesticides.
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Materials for petrochemicals and oil
refining.
7. Advanced materials (e.g., utilizing
nanotechnology) in the production of high-grade additives and catalysts to
enhance productivity, oil refining quality, and petrochemical products.
Technical ceramics.
(Focusing on ceramics for the electrical and
electronics industry):
8. High-voltage insulating ceramic materials.
9. High-performance technical ceramics
(heat-resistant ceramics, wear-resistant ceramics).
10. Piezoelectric ceramics.
11. High-voltage insulating glass materials;
12. (Electronic ceramics).
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13. Nanocomposites, nano-metals.
14. Nano mmprint, nano lithography.
15. Nano metal oxides.
16. Nano carbon tubes (carbon nanotubes).
17. Nanowires, nanorods.
Materials for energy.
18. Materials used in the manufacture of high-grade
power sources. partially replacing traditional coal and oil energy sources.
19. Advanced electrochemical materials for
manufacturing specialized high-grade power sources such as Li-ion, Ni-Cd, and
Ni-MH batteries used in telecommunications devices, mobile phones, laptops,
automobiles, motorcycles, and electric bicycles.
20. Hydrogen fuel cells.
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22. Methanol fuel cells, biological batteries.
Materials for medicine and pharmaceuticals:
23. Materials used in medicine
to replace certain human body parts: biopolymers, carbon composites, materials
for physiological regulation, materials for growth regulation, porous carbon
materials, and bi-oxide materials.
24. High-molecular-weight
materials used in pharmaceuticals;
25. High-molecular-weight
materials used in cosmetics;
Polymer and composite materials:
26. High-molecular-weight
composite materials for transportation: production of canoes, small boats, body
parts of certain automobiles, and construction of small bridges over canals and
waterways.
27. Composites using natural
fibers such as abaca and flax.
28. Conductive polymers.
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Electronic and optoelectronic materials:
30. Magnetic materials applied
in the electronics industry: rare-earth magnets, amorphous and microcrystalline
materials, nano magnetic materials, utilizing giant magneto-thermal effects.
31. Materials and sensor
components (semiconductors, superconductors, novel conductive materials,
piezoelectric ceramics) used in measuring devices, automation equipment, as
well as in biology and medicine.
Materials and components for optoelectronics and
photonics serving the fields of telecommunications and automation. This
includes light-detecting semiconductor materials and components, luminescent
semiconductor materials and components, semiconductor lasers, nonlinear optical
materials, optical fibers, amplified optical fibers, fiber lasers, optical
discs, and other optoelectronic materials.
33. Conductive paper (bucky paper).
34. Conductive ink.
Metal materials:
35. Metal matrix composites
used in electrical, electronic, and biomedical engineering.
36. High-strength alloy
steels.
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IV. High-technology products in the field of
biotechnology
In the field of medicine:
1. New-generation vaccines for
humans.
2. Recombinant proteins for
the treatment of certain human diseases.
3. Antibiotics for human use.
4. Diagnostic kits in
medicine, DNA chips.
5. Bio-nanomaterials.
6. Technical sutures and
biological thin films used in medicine.
In the field of agriculture, forestry, and
fisheries
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8. Recombinant proteins used
as biopesticides for pre- and post‑harvest preservation
9. Biological kits and
biological electrodes for the diagnosis and treatment of plants and animals.
10. Plant varieties produced
using advanced cutting propagation technology, cell culture, pollen culture,
and gene transfer to confer resistance to pests and adverse climatic
conditions.
11. Hormones for monosex
control in fish species.
In industry:
12. Nutrient‑rich preparations
(derived from animals or plants) for the health of humans and animals.
13. Biofuels as alternatives
to conventional fuels (ethanol; gasoline and diesel derived from xenloluza;
fuels produced using hydrogenase; diesel fuel from vegetable oil).
14. Recombinant enzymes.
15. Amino acids, organic
acids.
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17. Equipment for research and
production of biotechnology.
In the environment
18. Design and manufacture of
waste treatment lines (for solid and liquid waste) using biotechnology.
19. Equipment for
environmental pollution control and other advanced waste treatment.