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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.
32/2011/TT-BKHCN
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Hanoi, November 15,
2011
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CIRCULAR
ON CRITERIA FOR
DETERMINING HI-TECH APPLICATION PROJECTS AND INVESTMENT PROJECTS ON HI-TECH
PRODUCT MANUFACTURE, AND EVALUATION OF DOSSIERS OF APPLICATION FOR CERTIFICATES
OF HI-TECH APPLICATION ACTIVITIES, NEW ENTERPRISES ESTABLISHED UNDER INVESTMENT
PROJECTS ON HI-TECH PRODUCT MANUFACTURE AND HI-TECH ENTERPRISES
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 high technologies
prioritized for development investment and the list of hi-tech products
encouraged for development;
Pursuant to the Prime Minister’s Decision No.
55/2010/QD-TTg of September 10, 2010, guiding the competence, order and
procedures for certification of organizations and individuals engaged in
hi-tech application activities, certification of organizations and individuals
engaged in hi-tech research and development and recognition of hi-tech
enterprises;
The Minister of Science and Technology
provides the criteria for determinin hi-tech application projects and hi-tech
product manufacture investment projects, and the evaluation of application
dossiers for certificates of hi-tech application activities, new enterprises
established under hi-tech product manufacture investment projects and hi-tech
enterprises as follows:
Article 1. Scope of regulation and subjects of
application
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This Circular applies to Vietnamese
organizations and individuals, overseas Vietnamese and foreign organizations
and individuals participating in or carrying out hi-tech application
activities, new enterprises established under hi-tech product manufacture
investment projects and hi-tech enterprises in Vietnam.
Article 2. Criteria for determining hi-tech
application projects
1. A project determined as a hi-tech
application project must satisfy the following criteria:
a/ The technology used in the project is of
new generation and on the list of high technologies prioritized for development
investment promulgated together with the Prime Minister’s Decision No.
49/2010/QD-TTg of July 19, 2010;
b/ The project falls into one of the
following cases:
- It uses hi-tech research results to renew
technologies and renew and increase the added value of products, contributing
to modernizing or forming a new manufacture industry or service in Vietnam;
- It makes hi-tech products on a trial basis
in order to improve technology;
- It masters and adapts imported high
technologies to practical conditions in Vietnam while using import-substitute
domestic materials, supplies, components and parts.
c/ Holders of tertiary or higher degree
directly engaged in research and development activities account for at least 5%
of the project’s employees;
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- Salaries, wages and allowances for
researchers and research assistants; remunerations for experts giving comments,
counter-argument and assessment of research results; wages for other employees
engaged in research activities; expenses for scientific seminars and
conferences on the project’s research; expenses for professional training for
researchers;
- Procurement and transportation of
materials, supplies, chemicals, fuel and energies used for research activities;
- Procurement of sample products, documents,
observation and survey statistics, e-information, stationery, labor safety
devices and inexpensive non-durable supplies used for research activities;
- Rent of facilities and equipment for
research, experiment and testing activities.
e/ The project’s quality control system meets
national standards TCVN ISO 9001:2008, CMM (Capability Maturity Model) or GMP
(Good Manufacturing Practice) standards (depending on national or international
standards applied by the project);
f/ The project complies with technical
standards and regulations on environment applicable to its operation domain
under Vietnamese law. Projects are encouraged to meet international
environmental standards such as ISO 14000 or equivalent.
2. An ongoing hi-tech application project
applying for a certificate must fully meet the criteria provided in Clause 1 of
this Article.
3. A hi-tech application project applying for
a certificate, which has not been implemented, must pledge to meet the criteria
provided in Clause 1 of this Article within 12 months after obtaining the
certificate.
Article 3. Criteria for determining hi-tech
product manufacture investment projects
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a/ It makes hi-tech products or provides
hi-tech services on the list of hi- tech products encouraged for development
promulgated together with the Prime Minister’s Decision No. 49/2010/QD-TTg of
July 19, 2010;
b/ Its products have superior quality and
properties and high added value, are environment-friendly and can substitute
imports;
c/ Its technological line is advanced and
operates under programmed control. The technological line’s main parts are of
technologies applied to the project’s operation domain updated within 5 years
from the time of investment;
d/ Its quality control system meets national
standards TCVN ISO 9001:2008, CMM or GMP standards (depending on national or
international standards applied by the project);
e/ It complies with standards and technical
regulations on environment applicable to its operation domain under Vietnamese
law. Projects are encouraged to meet international environmental standards such
as ISO 14000 or equivalent.
2. An ongoing hi-tech product manufacture
investment project applying for a certificate must fully meet the criteria
provided in Clause 1 of this Article.
3. A hi-tech product manufacture investment
project applying for a certificate, which has not been implemented, must pledge
to meet the criteria provided in Clause 1 of this Article within 12 months
after obtaining the certificate.
Article 4. Evaluation of certificate application
dossiers
1. Within 10 working days after receiving a
complete and valid dossier, the director of the Certification Office of Hi-Tech
Activities and S&T Enterprises (below referred to as the Certification
Office) shall issue a decision to form an expert team to evaluate the
certificate application dossier.
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b/ Dossier evaluation meeting
- The expert team secretary shall provide
team members with related documents at least 5 working days before the meeting
is held;
- The expert team meeting shall be held
within 10 working days after the issuance of the decision to form the team and
attended by at least two- thirds of the team members. The team shall operate on
the principle of collegialism and secret ballot to approve the certificate
grant. A decision is made when at least two-thirds of members present at the
meeting vote for it.
c/ Based on the expert team’s conclusions,
the Certification Office shall finalize and submit the dossier to the Minister
of Science and Technology for consideration and grant of a certificate to the
applicant.
2. For a complicated and large-scale
application case, the Certification Office director shall propose the Minister
of Science and Technology to form a consultancy council for dossier evaluation:
a/ The Minister of Science and Technology shall
issue a decision to form a consultancy council to evaluate a certificate
application dossier (below referred to as the Council) at the proposal of the
Certification Office director;
b/ The Council is composed of 9-11 members,
including the chairman, vice chairman and members. The Council has 2
counter-argument members who are experts in the domains related to the
certificate application dossier. Half of the Council members are prestigious
and responsible specialists with professional qualifications and knowledge on
the high technology concerned and at least 5 recent years working in the high
technology concerned. The other Council members are representatives of state
management agencies, policymaking agencies, ministries, sectors, corporations,
economic groups and enterprises. Persons related to the certificate applicant
may not join the Council;
c/ The Council shall operate under Articles 5
and 6 of this Circular. The Certification Office director shall propose the
Minister of Science and Technology to consider and decide on problems arising
in the operation of the Council;
d/ The Certification Office shall assume the
prime responsibility for holding the meeting to evaluate the certificate
application dossier. Council members shall conduct evaluation in an honest,
objective and fair manner under this Circular and related documents. The
Council shall keep confidential information related to the certificate
application dossier;
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3. Information on organizations and persons
obtaining certificates shall be published on the website of the Certification
Office.
Article 5. Working principles of the Council
1. The Council shall work on the basis of
documents sent by the Certification Office at least 5 days before the Council
commences its meeting.
2. The Council’s meeting must be attended by
at least two-thirds of the Council members, including the chairman or vice
chairman chairing the meeting and the two counter-argument members. Written
opinions of absent members are only for reference. When necessary, the Council
may propose the Ministry of Science and Technology (through the Certification
Office) to invite outside specialists in the domains related to the certificate
application dossier to act as counter-argument experts for the dossier
evaluation.
3. The Council shall work on the principle of
democracy and objectiveness and take personal responsibility for the
objectiveness and accuracy of contents of the certificate application dossier
and take collegial responsibility for the Council’s general conclusions.
Article 6. Working order of the Council
1. The Council shall assign a member to act
as its secretary to record opinions of members, working results of the Council
and other related documents.
2. Counter-argument members shall give
opinions and comments on each content and information declared in the
certificate application dossier and specifically evaluate their strengths and
weaknesses according to prescribed requirements.
3. The Council shall discuss and comment on
each evaluation criterion and condition related to the certificate application
dossier. Outside counter- argument specialists (if any) shall not participate
in the Council’s meeting after answering Council members’ questions.
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5. The certificate application dossier must
obtain approval of certificate grant by at least two-thirds of the Council
members present at the meeting according to voting results provided by the vote
counting board. The number of these members must be at least half of the total
number of the Council members. The Council shall make a record of its meeting
and send it to the Certification Office.
6. Completing the evaluation process, the
Certification Office shall summarize and finalize the certificate application
dossier and submit it to the Minister of Science and Technology for
consideration and decision to grant a certificate.
Article 7. Funds for evaluation of certificate
application dossiers
1. Funds for dossier evaluation shall be
taken from the non-business funds for science and technology annually allocated
to the Certification Office by the Ministry of Science and Technology.
2. Spending contents and levels comply with
Part II of Joint Circular No.44/2007/TTLT-BTC-BKHCN of May 7, 2007, of the
Ministry of Finance and the Ministry of Science and Technology, and match
allocated annual state budget spending estimates.
3. Based on allocated estimates, the
Certification Office shall annually spend their funds under this Circular and
regulations on state budget management. Payment and finalization of these funds
comply with the State Budget Law and its guiding documents.
Article 8. Forms of the certificate application
dossier
1. Application for a certificate of hi-tech
application activities for organizations and individuals; application for a
certificate of a new enterprise established under a hi-tech product manufacture
investment project, application for recognition of a hi-tech enterprise.
2. Explanation about a hi-tech application
project; explanation about an enterprise meeting criteria of hi-tech product
manufacture investment projects; explanation about an enterprise satisfying the
conditions provided in Clause 1, Article 18 of the High Technology Law.
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4. Certificate of hi-tech activities for
organizations and individuals; certificate of an enterprise established under a
hi-tech product manufacture investment project; certificate of a hi-tech
enterprise.
(All the forms mentioned above are not
printed herein)
Article 9. Implementation responsibilities
1. Organizations and persons obtaining a
certificate shall send to the Certification Office reports on their operation
every 12 months after obtaining such certificate.
2. The Certification Office shall act as the
focal point for receiving dossiers and organizing dossier evaluation; examine
and settle problems arising in the implementation of this Circular and propose
to the Minister of Science and Technology matters beyond its competence.
Article 10. Implementation provisions
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 in writing to the Ministry of
Science and Technology for consideration and settlement.-
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FOR THE MINISTER OF
SCIENCE AND TECHNOLOGY
DEPUTY MINISTER
Chu Ngoc Anh
ATTACHED FILE
