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THE PRIME MINISTER
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 69/2010/QD-TTg
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Hanoi, November 03, 2010
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DECISION
SPECIFYING THE COMPETENCE, ORDER AND PROCEDURES FOR
RECOGNIZING HI-TECH AGRICULTURAL 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 Technology;
At the proposal of the Minister of Agriculture and Rural Development,
DECIDES:
Article 1.
Scope of regulation and subjects of application
1. This Decision specifics the competence order and
procedures for recognizing for a definite duration hi-tech agricultural enterprises.
2. This Decision applies to Vietnamese organizations
and individuals, overseas Vietnamese, and foreign organizations and individuals
having enterprises requested to be recognized as hi-tech agricultural
enterprises in Vietnam.
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The Ministry of Agriculture and Rural Development is
competent to grant certificates of hi-tech agricultural enterprise.
Article 3.
Order and procedures for granting certificates of hi-tech agricultural enterprise
1. Hi-tech agricultural enterprises shall be
recognized through granting certificates of hi-tech agricultural enterprise.
2. Dossiers of application for certificates of
hi-tech agricultural enterprise shall be filed directly with or sent by post to
the Ministry of Agriculture and Rural Development. A dossier, which shall be
made in one original-set and one copied set. comprises:
a/ An application for recognition of a hi-tech
agricultural enterprise, made according to a form set by the Ministry of
Agriculture and Rural Development:
b/ A notarized copy of the enterprise's business
registration certificate or investment certificate or certificate of scientific
and technological enterprise;
c/ A written explanation about the enterprise's satisfaction
of the conditions specified in Clause 1. Article 19. and Points c and d. Clause
1: Article 18 of the Law on High Technology.
3. Within 5 working days after receiving a dossier,
the Ministry of Agriculture and Rural Development shall notify the applicant of
the validity of its dossier or request it to supplement or modify its dossier.
The duration of dossier supplementation or modification is not counted into the
examination time limit.
4. Within 30 working days after receiving a complete
dossier, the Ministry of Agriculture and Rural Development shall examine it and
decide to grant a certificate of hi-tech agricultural enterprise to the
enterprise. In case of refusal to grant such a certificate, the Ministry shall
notify in writing the applicant of the reason for refusal.
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Article 4.
Revocation of certificates of hi-tech agricultural enterprise
1. An enterprise will have its certificate of hi-tech
agricultural enterprise revoked in any of the following cases:
a/ Within 12 months after obtaining the certificate,
it fails to commence its operation:
b/ It has forged the dossier of application for the
certificate;
c/ It violates any of the prohibitions prescribed in
the Law on High Technology;
d/ It no longer satisfies the conditions specified m
Clause 1. Article 19. and Points c and d. Clause 1. Article 18 of the Law on
High Technology in the course of operation.
2. The Ministry of Agriculture and Rural Development
shall issue decisions to revoke certificates of hi-tech agricultural enterprise
of enterprises falling in any of the cases specified in Clause 1 of this
Article.
3. Enterprises having their certificates of hi-tech
agricultural enterprise revoked will not be considered for re-grant of such
certificate within 3 years after the date of revocation.
Article 5.
Validity of certificates of hi-tech agricultural enterprise
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2. The certificate of hi-tech agricultural enterprise
serves as a basis for enterprises to enjoy the incentives and supports provided
in Clause 2, Article 19 of the Law on High Technology and other incentives and
supports provided by law.
Article 6.
Responsibilities of the Ministry of Agriculture and Rural Development
To guide, urge, supervise and inspect the
implementation of this Decision; and assume the prime responsibility for
settling problems arising in the course of implementation and proposing to the
Prime Minister for decision matters falling beyond its competence.
Article 7.
Responsibilities of provincial-level People's Committees
To monitor, inspect and manage operations of
enterprises possessing certificates of hi-tech agricultural enterprise in their
localities; and to propose the Ministry of Agriculture and Rural Development to
revoke certificates of violators in their localities.
Article 8.
Handling of violations
Violators of this Decision shall, depending on the
nature, severity and consequences of their violations, be handled under law.
Article 9.
Effect and implementation responsibility
1. This Decision takes effect on December 20, 2010.
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FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Thien Nhan