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THE
MINISTRY OF SCIENCE, TECHNOLOGY AND ENVIRONMENT
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SOCIALIST
REPUBLIC OF VIET
NAM
Independence
- Freedom - Happiness
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No:
1818/1999/TT-BKHCNMT
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Hanoi,
October 21, 1999
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CIRCULAR
GUIDING THE DETERMINATION AND RECOGNITION OF PROJECTS
ELIGIBLE FOR SPECIAL INVESTMENT ENCOURAGEMENT UNDER ITEM 5, LIST I, APPENDIX 1
OF THE GOVERNMENT’S DECREE NO. 10/1998/ND-CP OF JANUARY 23, 1998
(Projects for the production of new materials, precious and rare materials;
projects applying new bio-technologies, new technologies for the manufacture of
information and telecommunications equipment; electronic and informatic
technologies)
The Ministry of Science,
Technology and Environment hereby guides the determination and recognition of
projects eligible for special encouragement of investment under Item 5, List 1,
Appendix I of Decree No. 10/1998/ND-CP as follows:
I. GENERAL
PROVISIONS:
1.1. Subjects and scope of
application
This Circular prescribes the
criteria, procedures and order for evaluation and certification of eligibility
for preferential treatment with regard to foreign direct investment projects in
Vietnam which fall under the category of projects eligible for special
encouragement of investment under Item 5, List I, Appendix I of Decree No.
10/1998/ND-CP (hereinafter referred to as projects of special investment
encouragement for short). Specifically, they include:
a/ Projects for the production
of new materials, precious and rare materials;
b/ Projects on the application
of new bio-technologies;
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d/ Projects on electronic
technologies and informatic technologies.
1.2. Preferential regime
The above-mentioned projects
which satisfy the criteria specified in this Circular shall be entitled to
regimes of special investment encouragement stipulated in the Government’s
Decree No. 12-CP of February 18, 1997 detailing the implementation of the Law
on Foreign Investment in Vietnam and Decree No. 10/1998/ND-CP.
1.3. Interpretation of terms
A number of terms used in this
Circular are construed as follows:
a/ "New materials" are
various kinds of new materials manufactured in Vietnam and on the list of raw
materials promulgated by the Ministry of Science, Technology and Environment.
This list may be amended and supplemented to be suitable to each period of time.
b/ "Precious and rare
materials" are those on the list of precious and rare materials
promulgated by the Ministry of Science, Technology and Environment. This list
may be amended and supplemented to be suitable to each period of time.
c/ "New technologies" are
those applied in Vietnam and on the list of new technologies determined by the
Ministry of Science, Technology and Environment. This list may be amended and
supplemented to be suitable to each period of time.
d/ "An advanced
technological line" is a specialized production line in which programmed
automatic equipment must represent at least one third of the value of the line;
a the production line in which exists no heavy manual labor process; a
production line which is arranged in a space where the industrial hygiene,
labor safety and environmental hygiene criteria are ensured; and in which the
enterprise’s managerial system must be an advanced one (a number of phases are
computerized, such as: production management, supplies, marketing…).
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- In the electronic field, they
are circuit boards, condensers, potentiometers, impedances, relays, wire coils,
electron guns, assorted picture tubes, ICs, electronic chips’ used in
electronic products.
- In the fields of automation, mechanics
and engineering, they are details and parts with the second or higher degree of
precision, hydraulic and compressed air regulating and controlling vans, CAM
mechanisms, gyroscope sets, assorted precision tools, precision comparing and
measuring meters,
Computer softwares used in the
systems to control automatic equipment, communication equipment, the
technological management and business management equipment systems shall be
also regarded as high-tech parts.
II. CRITERIA
FOR DETERMINING PROJECTS OF SPECIAL INVESTMENT ENCOURAGEMENT
II.1. CRITERIA
FOR DETERMINING PROJECTS FOR THE PRODUCTION OF NEW MATERIALS, PRECIOUS AND RARE
MATERIALS
A. Projects for the production
of new materials:
1. The project’s products must
be new materials (Appendix 1).
2. The technological line is an
advanced one.
3. Meeting environmental
standards prescribed by the State of Vietnam.
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1. The project’s products are precious
and rare materials, excluding projects for the exploitation or fashioning of
precious and rare materials (Appendix 2).
2. The technological line is an
advanced one.
3. Meeting the environmental
standards pres-cribed by the State of Vietnam.
II.2. CRITERIA
FOR DETERMINING PROJECTS ON THE APPLICATION OF NEW BIO-TECHNOLOGIES
1. Technologies applied in the
projects must be new technologies (Appendix 3).
2. The technological line is an
advanced one.
3. The application of new
technologies must create high-quality and high-productivity products.
4. Ensuring the biological
security norms of the world, the Asian region and Vietnam.
5. Meeting the environmental
standards prescribed by the State of Vietnam.
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1. Technologies applied in the
projects must be new ones (Appendix 4).
2. The technological line is an
advanced one.
3. The application of new
technologies must create high-quality and high-productivity products.
4. Ensuring the world and the
regional economic-technical norms in the field of information and
telecommunications.
5. Meeting the environmental
standards prescribed by the State of Vietnam.
II.4. CRITERIA
FOR DETERMINING ELECTRONIC AND INFORMATIC TECHNOLOGIES PROJECTS
1. Technologies applied in the
projects must be on the list of electronic and informatic technologies
(Appendix 5).
2. The technological lines must
be of advanced level, products can be exported, or products consumed
domestically must be of a quality equivalent to that of imported products of
the same kind.
3. The project’s scale:
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b/ The per-capita value of
technological equipment is 40,000 USD or more. For enterprises specialized in
the production of computer softwares, they shall be deemed to satisfy the
criterion specified at this Point b.
c/ The percentage of
localization (the percentage of the value of high-tech components and parts
made by the enterprises themselves) must represent at least 2% of the annual
turnover, or the total value of parts manufactured in Vietnam by the
enterprises and other enterprises must represent at least 15% of the annual
turnover.
d/ Expenditures for research
& development and training activities must represent at least 2% of the
annual turnover. If such activities are conducted free of charge, the value of
such charge shall be also allowed to be included in the above-said percentage.
For enterprises with annual turnover of 10,000,000 USD or more, the annual
expenditures for research & development and training must not be lower than
200,000 USD. If enterprises have a technology transfer contract approved by the
competent State agency, they shall be deemed to have satisfied the criterion
specified at this Point d for the first four years (counted from the time the
technology transfer contract is approved).
4. Meeting the world and the
regional economic-technical standards in the electronic information field.
5. Meeting the environmental
standards prescribed by the State of Vietnam.
III. ORGANIZATION
OF IMPLEMENTATION
III.1.
Dossiers for registration of projects eligible for special investment
encouragement
In order to be considered and
certified as projects eligible for special investment encouragement as
specified in Part II of this Circular, the project owners shall have to send to
the investment license-granting agency the following dossiers:
a/ For new projects, the
following papers are required:
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- The exposition on the
technology(ies) applied in the project (comparing the contents of the
technology(ies) with the criteria specified in this Circular).
This dossier shall be sent
together with the dossier of application for the granting of the investment
license. The determination and recognition of eligibility for preferential
treatment shall be effected simultaneously with the process of evaluation
before the granting of investment license. If the applying enterprise satisfies
the criteria specified in this Circular, the recognition of its eligibility for
preferential treatment shall be written in the investment license.
b/ For on-going projects, the
following papers are required:
- An application for
registration of a project eligible for special investment encouragement.
- The exposition on the
technology(ies) applied in the project (comparing the contents of the
technology(ies) with the criteria specified in this Circular).
- A copy of the investment
license.
III.2.
Competence to consider projects eligible for special investment encouragement
a/ For projects which are
granted investment licenses by the Ministry of Planning and Investment: On the
basis of the opinions of the Ministry of Science, Technology and Environment
certifying the application of technologies in the projects according to the
provisions of this Circular, the Ministry of Planning and Investment shall
decide the regime of special investment encouragement for the projects.
b/ For investment projects
licensed by various agencies according to the assignment of responsibility: On
the basis of the opinions of provincial/municipal Science, Technology and
Environment Services certifying the application of technologies in the projects
according to the provisions of this Circular, the local agencies assigned to
grant investment licenses, the Boards for Management of Industrial Parks,
Export Processing Zones and High-Tech Parks are authorized to decide the regime
of special investment encouragement for the projects.
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d/ In cases where an enterprise
is ineligible for preferential treatment as prescribed in Part II of this
Circular, the agencies tasked to certify the application of technologies in the
projects must reply in writing to the investment license-granting agency,
clearly stating the reason therefor within 20 days after they receive the valid
dossiers.
e/ If, in the course of
operation, an enterprise no longer meets the criteria specified in Part II of
this Circular, it shall be suspended from enjoying investment privileges.
Enterprises shall be entitled to
lodge complaints with the competent level about their eligibility or
ineligibility for privileges in accordance with the Law on Complaints and
Denunciations.
IV.
IMPLEMENTATION PROVISIONS
This Circular takes effect 15
days after its signing. In the course of implementation if any problem arises,
organizations and individuals are requested to report it to the Ministry of
Science, Technology and Environment for detailed guidance for settlement.
MINISTER
OF SCIENCE, TECHNOLOGY AND ENVIRONMENT
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Chu Tuan Nha
Appendix 1
LIST OF NEW MATERIALS
1. Various kinds of alloy steel
of high durability;
2. Various kinds of mechanical
abrasion-resistant steel;
3. Spring steel, shock
absorbers, mooring flanges;
4. Chemical and thermal
corrosion-resistant steel;
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6. Low alloy steel of high
durability;
7. Low two-phase steel alloy;
8. Metal composite materials;
9. High-voltage
electricity-insulating ceramic materials;
10. High-tech ceramic materials
(refractory ceramics, abrasion-resistant ceramics) for use in the ceramics,
porcelain and walling and flooring tiles making industry;
11. Piezoelectric porcelain;
12. High-voltage
electricity-insulating glass materials;
13. Electricity-insulating
polymeric porcelain;
14. Composite polymer materials for
electric and electronic technical uses under the harsh environmental conditions;
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16. Super-pure inorganic oxides;
17. Super-durable materials for
use in the silk, fiber, textile and footwear leather industries;
18. Composite materials with
polymeric base;
19. Technical rubber materials;
20. Synthetic rubber;
21. Metal-metal glues;
22. Metal-rubber glues;
23. Carbon fiber-polymer
composites;
24. Special-purpose paints,
oil-, heat- or chemical-proof;
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26. Emulsive polymers (Acrylic
Copolymer, Styrene Acrylic, Polyvinyl Acetate Copolymer, Polyvinyl Acetate
Homopolymer);
27. PVC plastic;
28. Composite condensers;
29. Sensors-manufacturing
materials;
30. Electronic ceramic materials;
31. Materials for the production
of photonic-electronic components;
32. Materials for the production
of various kinds of light amplifying optical fiber;
33. Electronic and photonic
materials based on polymers;
34. New materials with
energy-storing properties for use in electric and electronic equipment;
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36. Polymer materials for
pharmaceutical use;
37. Polymer materials for
cosmetic use;
38. Polymer materials for
veterinary use;
39. Polymer-carbon fiber
composite materials for medical use;
40. Special polymeric membrane
materials;
41. Thin-membrane materials;
42. Exosmotic membrane materials;
43. High-grade magnetic
materials;
44. Photonic-electronic and
photonic materials;
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Appendix 2
LIST OF PRECIOUS AND RARE MATERIALS
1. Titanium materials;
2. Platinum materials;
3 Other precious and rare metal
materials (W, Mo);
4. Rare earth metal materials;
5. Rare earth metal oxide
materials;
6. Rare earth ferro materials;
7. High-tech materials based on
rare earth;
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9. Strontium materials
10. Artificial diamond materials.
Appendix 3
LIST OF NEW BIO-TECHNOLOGIES
1. Technologies for the
production of vaccines of a new generation for human being;
2. Technologies for the
production of antibiotics for human being;
3. Technologies for the
production of bio-preparations for use in human medical diagnosis and treatment;
4. Technologies for the cell and
tissue culture and transplantation for medical use;
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6. Technologies for the
preservation, storage and extraction of preparations from blood for use in
human medical diagnosis and treatment;
7. Technologies for the
production of veterinary vaccines (cattle and poultry) of a new generation;
8. Technologies for the KIT
production for diagnosis and treatment of plant and animal diseases;
9. Technologies for the
production of plant varieties with improved transplanted tissues, tissue and
cell culture, anther culture and genetic modification, which can resist
diseases and harmful insects and adverse climatic conditions;
10. Technologies for the
production of biological pesticides
11. Technologies for the
production of bio-fertilizers
12. Bio-technologies for treatment
of wastes (solid or liquid)
13. Technologies for the
production of hormones controlling fishes�
unisexuality;
14. Technologies for breeding
and transplanting zygotes of buffaloes, cows and goats;
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Appendix 4
LIST OF NEW TECHNOLOGIES FOR THE MANUFACTURE OF
INFORMATION AND TELECOMMUNICATIONS EQUIPMENT
1. ATM (asynchronous transfer
mode) technology;
2. SDH (synchronous digital
hierarchy) technology;
3. Technologies for the
manufacture of optical-fiber, cable;
4. Technologies for the
manufacture of electronic digital switchboards with a high capacity (10,000
numbers or more) and capable of providing multimedia services, being used in
the intelligent network (IN) and the band-width integrated services digital
network (B-ISDN);
5. Technologies for the
manufacture of intelligent circuit-switching systems (according to the neuron
principle);
6. Technologies for the
manufacture of high-speed photo and radio transmission equipment;
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8. Technologies for the
manufacture of global mobile phones;
9. Laser information
technologies;
10. Technologies for the
manufacture of encrypted transmission and reception devices in different waves.
Appendix 5
LIST OF ELECTRONIC AND INFORMATIC TECHNOLOGIES
1. Technologies for the
manufacture of photo-electronic and mecho-photo-electronic components;
2. Technologies for the
manufacture of flat screens and high-definition screens;
3. Technologies for the
manufacture of ICs;
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5. Technologies for the
manufacture of multi-functional and integrated receivers (TV-video-monitor...);
6. Technologies for the
manufacture of high-grade medical electronic equipment (scanner,
electrocardiograph, electroencephalograph, endoscope, microsurgery...);
7. Technologies for the
manufacture of hard disk drives, technologies for the manufacture of laser
disks;
8. Technologies for the
manufacture of computers and peripheral devices;
9. Technologies for the manufacture
of large-capacity RAM;
10. Technologies for the
manufacture of digital electronic measuring devices;
11. Technologies for electronic
mechanic processing with laser and plasma rays;
12. Technologies for the
manufacture of robots in service of production automation;
13. Technologies for the
manufacture of software products, especially multimedia-oriented software
technologies;
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15. Technologies for the
manufacture of human-robot communication systems with the aid of language and
images.-