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THE PRIME MINISTER
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 55/2010/QD-TTg
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Hanoi, September 10, 2010
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DECISION
ON THE COMPETENCE, ORDER AND PROCEDURES FOR
CERTIFYING ORGANIZATIONS AND INDIVIDUALS CARRYING OUT HI-TECH APPLICATION OR
RESEARCH AND DEVELOPMENT OPERATIONS AND RECOGNIZING HI-TECH ENTERPRISES
THE PRIME MINISTER
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 13, 2008 Law on High Technologies;
A t the proposal of the Minister of Science and Technology,
DECIDES:
Article 1. Competence to
certify hi-tech application or research and development operations and recognize
hi-tech enterprises
The
Ministry of Science and Technology may grant certificates of hi-tech
application or research and development operations (below referred to as
operation certificates) and hi-tech enterprise certificates.
Article 2. Order and procedures
for the grant of operation certificates
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1.
An organization's dossier of application for an operation certificate
comprises:
a/
An application for the certificate, made according to a form set by the
Ministry of Science and Technology;
b/
A notarized copy of the business registration certificate, investment
certificate, science and technology enterprise certificate or certificate of
registration of scientific and technological operations:
c/
A written explanation about the hi-tech application project or hi-tech research
and development scheme (for high technologies on the list of those prioritized
for development investment);
d/
The managing agency's written certification of the contents presented in the
written explanation (for organizations managed by ministries, ministerial-level
agencies or government-attached agencies); or a written certification of the
provincial-level Science and Technology Department of the locality in which the
organization carries out hi-tech application or research and development
operations (for organizations not managed by ministries, ministerial-level
agencies or government-attached agencies).
2.
An individual's dossier of application for an operation certificate comprises:
a/
An application for the certificate, made according to a form set by the
Ministry of Science and Technology, enclosed with two 4x6 cm photos;
b/
A copy of his/her valid identity card or passport;
c/
A written explanation about the hi-tech application project or hi-tech research
and development scheme (for high technologies on the list of those prioritized
for development investment);
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3.
Within 15 working days after receiving a written request for certification from
an organization or individual carrying out hi-tech application or research and
development operations, a ministry, ministerial-level agency,
government-attached agency or provincial-level Science and Technology
Department shall examine and certify in writing the contents presented in the
written explanation about the hi-tech application project or hi-tech research
and development scheme. If refusing to give certification, it shall notify in
writing the reason to the applicant.
4.
If the dossier is incomplete, the Ministry of Science and Technology shall send
directly or by post a written request to the applicant for supplementation and
completion of the dossier. Within 10 working days after receiving such request,
the applicant shall supplement and modify the dossier and send it back to the
Ministry of Science and Technology.
5.
Within 15 working days after receiving an applicant's dossier of application
for an operation certificate, the Ministry of Science and Technology shall
appraise the dossier and grant an operation certificate and send it to the
applicant. If refusing to grant a certificate, it shall notify in writing the
reason to the applicant.
6.
The Ministry of Science and Technology shall issue the forms of operation
certificate and written certification specified respectively at Point d. Clause
1 and Point d. Clause 2 of this Article.
Article 3. Revocation of operation certificates
1.
An organization or individual will have its/ his/her operation certificate
revoked in any of the following cases:
a/
Failing to implement the approved hi-tech application project or hi-tech
research and development scheme within 12 months after obtaining the
certificate;
b/
Improperly implementing the contents of the approved hi-tech application
project or hi-tech research and development scheme:
c/
Filing a request for permission to terminate the approved hi-tech application
project or hi-tech research and development scheme;
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e/
Committing any of the prohibited acts specified in the Law on High Technologies.
2.
The Ministry of Science and Technology shall decide to revoke operation
certificates of organizations and individuals that fall into any of the cases
specified in Clause 1 of this Article.
Article 4. Validity of an operation certificate
1.
An operation certificate is valid from the date of its issuance until the
completion of a project or scheme.
2.
An operation certificate is valid only for each project on the application or
scheme on research and development of high technologies on the list of those
prioritized for development investment. This certificate serves as a basis for
organizations and individuals to enjoy incentives and supports specified in
Clause 1. Article 10 and Clause 1, Article 12 of the Law on High-Technologies
and other incentives and supports under law.
Article 5. Order and procedures for the grant of hi-tech enterprise
certificate
1.
A hi-tech enterprise shall be recognized through the grant of a hi-tech
enterprise certificate.
2.
Dossiers of application for hi-tech enterprise certificates shall be sent
directly or by post to the Ministry of Science and Technology. A dossier shall
be made in 2 sets, including one original set and one photocopied set, and
comprises:
a/
An application for hi-tech enterprise recognition, made according to a form set
by the Ministry of Science and Technology;
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c/
A written explanation about the enterprise's satisfaction of all the conditions
specified in Clause 1, Article 18 of the Law on High Technologies.
3.
Within 5 working days after receiving a valid dossier, the Ministry of Science
and Technology shall collect opinions of concerned ministries, sectors and
provincial-level People's Committees.
4.
If the dossier is incomplete, the Ministry of Science and Technology shall send
directly or by post a written request to the applicant for supplementation and
completion of the dossier. Within 10 working days after receiving such request,
the applicant shall supplement and modify the dossier and send it back to the
Ministry of Science and Technology.
5.
When necessary, the Ministry of Science and Technology shall meet with
concerned ministries, sectors and provincial-level People's Committees to
clarify the matters specified in the dossier.
6.
Within 30 days after receiving a complete dossier, the Ministry of Science and
Technology shall appraise the dossier and grant a hi-tech enterprise
certificate and send it to the applicant. If refusing to grant a certificate,
it shall notify in writing the reason to the applicant.
7.
The Ministry of Science and Technology shall issue the form of hi-tech enterprise
certificate.
Article 6. Revocation of hi-tech enterprise certificates
1.
An enterprise will have its hi-tech enterprise certificate revoked in any of
the following cases;
a/
Failing to operate within 12 months after obtaining the certificate;
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c/
Committing any of the prohibited acts specified in the Law on High
Technologies;
d/
No longer satisfying the conditions specified in Clause 1. Article 18 of the
Law on High Technologies during operation.
2.
The Ministry of Science and Technology shall decide to revoke hi-tech
enterprise certificates of enterprises that fall into any of the cases
specified in Clause 1 of this Article.
Article 7. Validity of a hi-tech enterprise certificate
1.
A hi-tech enterprise certificate is valid for 5 (five) years from the date of
its issuance.
2.
Hi-tech enterprise certificates serve as a basis for enterprises to enjoy
incentives and supports specified in Clause 2. Article 18 of the Law on
High-Technologies and other incentives and supports under law.
Article 8. Responsibilities of the Ministry of Science and Technology
To
guide, urge, examine and inspect the implementation of this Decision. To act as
the focal point in settling problems arising in the course of implementation and
submit matters falling beyond its competence to the Prime Minister for
decision.
Article 9. Handling of violations
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Article 10. Effect and implementation responsibility
1.
This Decision takes effect on October 26, 2010.
2.
Ministers, heads of ministerial-level agencies, heads of government-attached agencies,
chairpersons of provincial-level People's Committees and concerned agencies shall
implement this Decision.-
PRIME MINISTER
Nguyen Tan Dung