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THE
MINISTRY OF SCIENCE AND TECHNOLOGY
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.
33/2011/TT-BKHCN
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Hanoi, December 9, 2011
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CIRCULAR
GUIDING
THE COMPETENCE, ORDER AND PROCEDURES FOR CERTIFYING NEW BUSINESSES ESTABLISHED
UNDER INVESTMENT PROJECTS TO MANUFACTURE PRODUCTS ON THE LIST OF HI-TECH
PRODUCTS ELIGIBLE FOR DEVELOPMENT PROMOTION
Pursuant to the November 13,
2008 Law on High Technology;
Pursuant to the Government’s
Decree No. 28/2008/ND-CP of March 14, 2008, defining the functions, tasks,
powers and organizational structure of the Ministry of Science and Technology;
Pursuant to the Prime
Minister’s Decision No. 49/2010/QD-TTg of July 19, 2010, approving the list of hi-tech
products prioritized for development investment and the list of hi-tech
products eligible for development promotion;
The Minister of Science and
Technology guides the competence, order and procedures for certifying new
businesses established under investment projects to manufacture products on the
list of hi-tech products eligible for development promotion specified in Clause
3, Article 17 of the Law on High Technology as follows:
Article 1. Scope of
regulation
This Circular guides the
competence, order and procedures for certifying new businesses established
under investment projects to manufacture products on the list of hi-tech
products eligible for development promotion issued together with the Prime
Minister’s Decision No. 49/2010/QD-TTg of July 19, 2010 (below referred to as
newly established businesses).
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This Circular applies to new
businesses of all economic sectors which are established under investment
projects to manufacture in Vietnam products on the list of hi-tech products
eligible for development promotion issued together with the Prime Minister’s
Decision No. 49/2010/QD-TTg of July 19, 2010.
Article 3. Competence to
grant new-business certificates
1. The Ministry of Science and
Technology is competent to grant and revoke new-business certificates (below
referred to as certificates).
2. The Ministry of Science and
Technology’s Certification Office of Hi-Tech Activities and S&T Enterprises
(below referred to as the certification office) shall receive application
dossiers, conduct appraisal and propose the Minister of Science and Technology
to grant certificates.
Article 4. Dossiers of
application for certification of new businesses
1. A dossier comprises:
a/ An application for a
certificate, made by the new business according to form No. B1-DNTLM issued
together with the Minister of Science and Technology’s Circular No.
32/2011/TT-BKHCN of November 15, 2011;
b/ A certified copy of the
business registration certificate or investment certificate;
c/ An explanatory report on the
business’s satisfaction of criteria of an investment project to manufacture
hi-tech products, made according to form No. B2-TNDNTLM issued together with
the Minister of Science and Technology’s Circular No. 32/2011/TT-BKHCN of
November 15, 2011.
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Article 5. Order and
procedures for grant of certificates
1. Order and procedures for
grant of a certificate
a/ Within 5 working days after
receiving a dossier, the certification office shall examine the completeness
and validity of the dossier;
b/ For an incomplete or invalid
dossier, within 5 working days, the certification office shall send directly or
by post an official request to the business for dossier completion. Within 10
working days after receiving such request, the business shall supplement or
modify the dossier and then return it to the certification office. Past this
time limit, if the business fails to complete the dossier or completes the
dossier against requirements, the certification office shall send a written
refusal to grant a certificate to the business;
c/ When necessary, within 20
working days after receiving a complete and valid dossier, the certification
office shall consult related ministries, sectors and provincial-level People’s
Committees to clarify matters stated in the dossier;
d/ Within 30 working days after
receiving a valid and complete dossier or from the expiration of the time limit
for consulting related ministries, sectors and provincial-level People’s
Committees, the certification office shall conduct the appraisal or request the
setting up of a consultancy council to conduct the appraisal according to the
Minister of Science and Technology’s Circular No. 32/2011/TT-NKHCN of November
15, 2011.
Within 15 working days after
obtaining appraisal results, the certification office shall propose the
Minister of Science and Technology to grant a certificate and send it to the
business. In case of refusal to grant a certificate, the certification office
shall notify the reason in writing to the business.
2. Certificates shall be made
according to form No. B4-DNTLM issued together with the Minister of Science and
Technology’s Circular No.32/2011/TT-BKHCN of November 15, 2011.
Article 6. Revocation of
certificates
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a/ The business fails to
commence its operation within 12 months from the date of grant of a
certificate;
b/ The business has forged its
certificate application dossier;
c/ The business commits any of
the prohibited acts specified in Article 8 of the Law on High Technology;
d/ The business, during its
operation, no longer complies with the provisions of law on new businesses
established under investment projects to manufacture hi-tech products;
e/ The business, during its
operation, commits illegal acts and has its certificate revoked under a
competent agency’s decision or request.
2. Responsibilities of
businesses having their certificates revoked Depending on its specific case, a
business that has its certificate revoked shall refund supports or incentives
it has received from the date of grant of the certificate.
Article 7. Validity of
certificates
1. Certificates serve as a basis
for businesses to enjoy incentives specified in Clause 1, Article 17 of the Law
on High Technology and other incentives and supports according to law.
2. A certificate is valid from
the date of issue to the date of termination of the investment project to
manufacture hi-tech products.
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To guide and examine the
implementation of this Circular; act as a focal point in settling problems
arising in the course of implementation; submit matters beyond its competence
to the Minister of Science and Technology for decision and propose competent
agencies to handle violations according to law.
Article 9. Handling of
violations
Violators of this Circular
shall, depending on the nature and severity of their violations, be handled
according to law.
Article 10. Effect and
organization of implementation
1. This Circular takes effect 45
days from the date of its signing.
2. Any problems arising in the
course of implementation should be promptly reported to the Ministry of Science
and Technology for consideration and additional guidance.-
MINISTER
OF SCIENCE AND TECHNOLOGY
Nguyen Quan
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