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THE MINISTRY OF
SCIENCE AND TECHNOLOGY OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No: 08/2024/TT-BKHCN
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Hanoi, November
06, 2024
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CIRCULAR
ON
SOME CRITERIA FOR PROJECTS ON INVESTMENT IN HI-TECH RESEARCH AND DEVELOPMENT
FACILITIES, PROJECTS ON HI-TECH APPLICATION INVESTMENT FOR THE PRODUCTION OF
HI-TECH PRODUCTS AT HI-TECH PARKS
Pursuant to the Law on High Technologies dated
November 13, 2008;
Pursuant to Decree No. 28/2023/ND-CP dated June
2, 2023, of the Government on the functions, tasks, powers and organizational
structure of the Ministry of Science and Technology;
Pursuant to Decree No. 10/2024/ND-CP dated
February 1, 2024, of the Government on hi-tech parks;
At the request of Director General of Department
of High Technology and Director General of Department of Legal Affairs.
Minister of Science and Technology issues
Circular on some criteria for projects on investment in hi-tech research and
development facilities, projects on hi-tech application investment for the
production of hi-tech products at hi-tech parks.
Article 1. Scope
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Article 2. Regulated entities
This Circular applies to state authorities,
organizations, individuals related to execution of projects on investment in
hi-tech research and development facilities, projects on hi-tech application
investment projects for the production of hi-tech products at hi-tech parks
specified in Article 1 hereof.
Article 3. Criteria for
projects on investment in hi-tech research and development facilities
Projects on investment in hi-tech research and development
facilities must satisfy the rules, criteria specified in clauses 1, 2, 3, 4 of
Article 28 and points a, b, c, d of clause 2 of Article 29 of Decree No.
10/2024/ND-CP dated February 01, 2024 of the Government on hi-tech parks, and
the following criteria:
1. The quantity of
skilled and experienced employees suitable for the research and development
activities of the investment project working under indefinite or fixed-term
employment contracts of one year or more must account for at least 70% of the
total workforce of the project. Among them, the number of employees with a
bachelor's degree or higher must be at least 85%.
2. Each main
research and development field of the investment project must have at least one
(01) member with a minimum of five (05) years of experience in that field
directly involved in research and development activities;
3. The total
annual expenditure for research and development activities must reach at least
80% of the annual operation expenses for investment projects.
The expenditures for research and development
activities in this clause shall comply with Clause 1 of Article 5 hereof;
4. Necessary
machinery and equipment for the research and development activities in line
with the research and development field of the investment project must be
provided and arranged in a workspace that ensures labor safety and hygiene
standards in accordance with Vietnamese law.
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Projects on investment in the application of high
technologies to the production of hi-tech products must satisfy the rules,
criteria specified in clauses 1, 2, 3, 4 of Article 28 and points a, b, c, d of
clause 1 of Article 32 of Decree No. 10/2024/ND-CP dated February 01, 2024 of
the Government on hi-tech parks, and the following criteria:
1. The products of
the investment project must be those specified in the list of hi-tech products
encouraged for development, issued together with the Prime Minister's Decision.
The annual revenue from hi-tech product manufacturing of the investment project
must reach at least 80% of the total annual project revenue.
2. The number of
employees possessing degrees and certificates in vocational education, or bachelor’s
degrees must be at least 75% of the total workforce of the investment project;
3. The number of
employees with college degrees or higher directly participating in research,
development and technology application activities of investment projects must:
a) For investment projects with an investment
capital scale of VND 6.000 billion or more, disbursing at least VND 6.000
billion within 03 years from the date of being granted the Investment
Registration Certificate or investment guideline approval, and having a total
number of employees of 3.000 or more: reaches at least 2,5% of the total number
of employees of the investment project;
b) For the remaining cases:
reaches at least 5% of the total number of employees of the investment
project;
c) Employees directly participating in research,
development and technology application activities of the investment project
specified in this clause must have an indefinite-term labor contract or an
employment contract with a term of 01 year or more to directly participate in
research, development and technology application activities of the investment
project, in which the number of employees with college degrees must not exceed
30%.
4. The ratio of
total expenditure on technology research, development and application
activities per year to the total annual revenue of an investment project must:
a) For investment projects with an investment scale
of VND 6.000 billion or more, with a minimum disbursement of VND 6.000 billion
within three years from the date of issuance of the Investment Registration
Certificate or investment guideline approval, or for projects with a total
annual revenue reaching at least VND 10.000 billion within three years from the
year starting to generate revenue: Achieve at
least 0,5%;
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The expenditures for technology research,
development and application activities specified in this clause shall comply
with Article 5 hereof.
5. The technology
chain of the project must be invested in a uniform and advanced manner,
organized through specialization and automation methods. At least one-third of
the automated devices must be controlled by programs and set up in a workspace
that ensures occupational health and safety standards in accordance with
Vietnamese law. New investment cases shall be
prioritized.
Article 5. Expenditures for
hi-tech research and development activities specified in clause 3 of Article 3;
technology research, development and application activities specified in clause
4 hereof
1. The annual
expenditures for hi-tech research and development activities specified in
clause 3 of Article 4; technology research, development and application
activities specified in clause 4 hereof (hereinafter referred to as
"research and development activities”) of an investment project include:
a) Annual depreciation of technical infrastructure
directly serving research and development activities, including research and
testing facilities; research, testing equipment; sample products, software,
documents, data, information serving research;
b) Annual recurrent research and development
expenditures, including: salaries and
salary-like expenditures (bonuses, allowances, travel expenses, work-trip
allowances) for employees directly participating in research and development
activities specified in clause 1 of Article 3 and clause 3 of Article 4 hereof;
remunerations for experts to review, criticize, assess research results;
expenditures for workshops and conferences related to research and development
content; rent of facilities, equipment for research and testing; expenditures
for testing of research and development products; maintenance, repair
costs for technical infrastructure serving research and development activities;
other recurrent expenditures (purchase of tools, supplies, raw materials,
chemicals, energy, communication information, stationery, labor protection
equipment, expendable low-cost materials for research and development);
c) Expenditures for annual training, including: Expenditures for long-term or short-term
domestic/overseas training for employees directly participating in research and
development activities specified in clause 1 of Article 3 and clause 3 of
Article 4 hereof; expenditures for cooperation, donation, support for training,
research activities (or scholarships, equipment, machinery) for scientific and
technological organizations, training institutions in Vietnam;
d) Costs for receiving intellectual property
rights, technology transfer granted Technology Transfer Registration Certificate
by the competent state authority (except in cases where the law on technology
transfer does not require registration) directly serving research and
development activities in the investment project; costs for performing
procedures to establish intellectual property rights over intellectual assets
from research and development activities of the investment project.
2. The following
expenditures are not considered expenditures for research and development
activities for investment projects applying hi-tech to produce high-tech
products specified in clause 4 of Article 4 hereof: Costs
for product quality inspection or periodic inspection of raw materials, fuels,
and energy not related to research and development; costs for periodic collection
of data not related to research and development; costs for efficiency
investigation or management research; costs for marketing and advertising
research.
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1. This Circular
comes into force from December 23, 2024.
2. Decision No.
27/2006/QD-BKHCN dated December 18, 2006 of the Minister of Science and
Technology on promulgating the "Regulations on standards for determining
hi-tech product manufacturing projects" shall cease to be effective from
the effective date of this Circular.
3. If the
investment projects that have submitted applications for carrying out
administrative procedures regarding investment before the effective date of
this Circular but have not yet received results and the Management Board of the
hi-tech park is reviewing the standards based on Decision No. 27/2006/QD-BKHCN
dated December 18, 2006, of the Minister of Science and Technology on
promulgating "Regulations on standards for determining hi-tech product
manufacturing projects", investors may choose to continue to comply with
Decision No. 27/2006/QD-BKHCN dated December 18, 2006, of the Minister of
Science and Technology or apply this Circular to complete the application.
4. Shall any
problems arise during the implementation process, promptly report to the Ministry
of Science and Technology for research, review, and appropriate amendments./.
PP. MINISTER
DEPUTY MINISTER
Bui The Duy