Circular 08/2025/TT-BKHCN on decentralization in certification of new enterprises established from investment projects on production of hi-tech products

CIRCULAR

On the decentralization in the performance of procedures for certification of new enterprises established from investment projects on production of hi-tech products and certification of hi-tech incubators and hi-tech enterprise incubators^[1]

Pursuant to the 2025 Law on Organization of the Government;

Pursuant to the 2025 Law on Organization of Local Administration;

Pursuant to the 2008 Law on High Technologies;

Pursuant to the Government’s Decree No. 55/2025/ND-CP of March 2, 2025, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology,

At the proposal of the Director of the Department of Technical and Technological Sciences;

The Minister of Science and Technology promulgates the Circular on the decentralization in the performance of procedures for certification of new enterprises established from investment projects on the production of hi-tech products and certification of hi-tech incubators and hi-tech enterprise incubators promul.

Article 1. Scope of regulation

This Circular provides the competence, order and procedures for certification of new enterprises established from investment projects on the production of products on the Prime Minister-promulgated List of hi-tech products encouraged for development (below referred to as newly established enterprises) and certification of hi-tech incubators and hi-tech enterprise incubators (below collectively referred to as hi-tech incubators).

Article 2. Subjects of application

This Circular apples to organizations and individuals involved in the certification specified in Article 1 of this Circular.

Article 3. Grant of certificates of newly established enterprises

1. The grant of certificates of newly established enterprises specified in Clause 1, Article 3 of the Minister of Science and Technology’s Circular No. 33/2011/TT-BKHCN of December 9, 2011, guiding the competence, order and procedures for certification of new enterprises established from investment projects on the production of products on the List of hi-tech products encouraged for development (below referred to as Circular No. 33/2011/TT-BKHCN), shall be carried out by provincial-level People’s Committees of localities where head offices of such enterprises are located.

2. The order and procedures for grant of certificates of newly established enterprises are specified in Section I of the Appendix to this Circular.

Article 4. Revocation of certificates of newly established enterprises

The revocation of certificates of newly established enterprises specified in Clause 3, Article 6 of Circular No. 33/2011/TT-BKHCN shall be carried out by provincial-level People’s Committees.

Article 5. Grant of certificates of hi-tech incubators and hi-tech enterprise incubators

1. The grant of certificates of hi-tech incubators to organizations and individuals specified in Clause 1, Article 4 of the Minister of Science and Technology’s Circular No. 27/2013/TT-BKHCN of December 17, 2013, specifying conditions for hi-tech incubators and hi-tech enterprise incubators, and competence, order and procedures for grant of certificates of hi-tech incubators and hi-tech enterprise incubators (below referred to as Circular No. 27/2013/TT-BKHCN), shall be carried out by provincial-level People’s Committees of localities where such incubators are located.

2. The order and procedures for grant of certificates of hi-tech incubators are specified in Section II of the Appendix to this Circular.

Article 6. Revocation of certificates of hi-tech incubators and hi-tech enterprise incubators

The revocation of certificates of hi-tech incubators specified in Clause 3, Article 7 of Circular No. 27/2013/TT-BKHCN shall be carried out by provincial-level People’s Committees.

Article 7. Effect

1. This Circular takes effect on July 1, 2025.

2. In case the legal documents referred to in this Circular are amended, supplemented or replaced, the amending, supplementing or replacing documents shall prevail.

3. Dossiers received by competent agencies or persons before the effective date of this Circular that have not yet been completely processed may continue to be processed by such competent agencies or persons in accordance with the law effective at the time of dossier receipt.

4. Documents and papers issued or granted by competent agencies or persons before the effective date of this Circular that remain valid or have not yet expired may continue to be applied or used in accordance with law until they cease to be valid, expire, or are amended, supplemented, replaced, annulled, canceled or revoked by agencies or persons that take over the relevant functions, tasks or powers, or by competent agencies or persons.

Article 8. Implementation responsibility

Chairpersons of provincial-level People’s Committees shall organize the implementation of this Circular. In the course of implementation of this Circular, if any problems arise or amendments or supplements are deemed necessary, provinces and centrally run cities shall promptly report them to the Ministry of Science and Technology for consideration and settlement according to its competence.

Minister of Science and Technology
NGUYEN MANH HUNG

Appendix

Administrative procedures in the performance of procedures for certification of new enterprises established from investment projects on the production of hi-tech products and certification of hi-tech incubators and hi-tech enterprise incubators

(To the Ministry of Science and Technology’s Circular No. 08/2025/TT-BKHCN of June 21, 2025)

I. Order and procedures for grant of a certificate of new enterprise established from an investment project on the production of products on the List of hi-tech products encouraged for development

1. A dossier of application for a certificate of newly established enterprise must be made in 1 set in Vietnamese and hand-delivered, submitted online via the National Public Service Portal, or sent by post to the provincial-level People’s Committee.

2. The dossier of application for a certificate of newly established enterprise must comprise:

a/ An application for a certificate of newly established enterprise, made according to Form No. B1-DNTLM provided in the Appendix to this Circular;

b/ A written explanation about the enterprise’s satisfaction of criteria for investment project on production of hi-tech products, made according to Form No. B2-TMDNTLM provided in the Appendix to this Circular.

3. Order and procedures for grant of a certificate

a/ Within 3 working days after receiving the dossier, the provincial-level People’s Committee shall consider the completeness and validity of such dossier;

b/ In case the dossier is incomplete or invalid, within 3 working days, the provincial-level People’s Committee shall issue a written request to the enterprise for dossier supplementation and completion. Within 7 working days after receiving the request, the enterprise shall supplement and complete the dossier for resubmission to the provincial-level People’s Committee. Past the above time limit, if the enterprise fails to supplement or complete the dossier, or the supplementation and completion fail to meet the specified requirements, the provincial-level People’s Committee shall issue a written reply on refusal to grant a certificate to the enterprise;

c/ Within 15 days after receiving a complete and valid dossier, the provincial-level People’s Committee shall carry out the dossier appraisal or establish an Appraisal Advisory Council under regulations of the provincial-level People’s Committee. Within 7 working days after obtaining an appraisal conclusion report, the provincial-level People’s Committee shall issue a certificate and send it to the enterprise. In case of refusal, it shall reply in writing, clearly stating the reason.

4. A certificate shall be made according to Form No. B3-DNTLM provided in the Appendix to this Circular.

II. Order and procedures for grant of a certificate of hi-tech incubator or hi-tech enterprise incubator

1. A dossier of application for a certificate of hi-tech incubator must be made in 1 set in Vietnamese, and hand-delivered, submitted online via the National Public Service Portal, or sent by post to the provincial-level People’s Committee.

2. The dossier of application for a certificate of hi-tech incubator must comprise:

a/ An application for a certificate of hi-tech incubator (made according to Form No. B4a-TCCSUT or Form No. B4b-CNCSUT) provided in the Appendix to this Circular;

b/ A written explanation about the capacity of the hi-tech incubator satisfying the conditions specified in Article 2 of this Circular (Form No. B5-TMCSUT) provided in the Appendix to this Circular;

c/ Scientific curriculum vitae of consultants signing long-term contracts with the hi-tech incubator (Form No. B6a-LLKH); and the list of consultants (Form No. B6b-DSCG) provided in the Appendix to this Circular;

d/ A written commitment and explanation about the hi-tech incubator’s capability to mobilize funds from sources other than budget funds for non-business scientific activities (the financial statements for the last 2-3 years; loan commitments or loan guarantee from banks; capital contribution commitments of organizations participating in the hi-tech incubator). Documents proving the hi-tech incubator’s capacity in terms of human resources, equipment and machinery; in case of use of human resources, equipment and machinery of affiliated units, documents proving the capacity of these affiliated units are required;

dd/ A document proving the cooperation and affiliation of the hi-tech incubator with research institutions, training institutions, enterprises, financial institutions, hi-tech incubators, and hi-tech business incubators at home and abroad.

3. Order and procedures for grant of a certificate of hi-tech incubator

a/ Within 3 working days after receiving the dossier, the provincial-level People’s Committee shall consider the completeness and validity of the dossier.

b/ In case the dossier is incomplete or invalid, within 3 working days, the provincial-level People’s Committee shall issue a written request to the applicant for dossier supplementation and completion. Within 7 working days after receiving the request, the applicant shall supplement and complete the dossier for resubmission to the provincial-level People’s Committee. Past the above time limit, if the applicant fails to supplement or complete the dossier, or the supplementation and completion fail to meet the specified requirements, the provincial-level People’s Committee shall issue a written reply on refusal for grant of a certificate to the applicant;

c/ Within 15 days after receiving a complete and valid dossier, the provincial-level People’s Committee shall carry out the appraisal or establish an Appraisal Advisory Council under regulations of the provincial-level People’s Committee.

d/ Within 7 working days after having the appraisal conclusion report, the provincial-level People’s Committee shall grant a certificate and send it to the applicant.

A certificate of hi-tech incubator shall be made according to Form No. B7-CSUTCNC provided in the Appendix to this Circular.

In case of refusal to grant a certificate, the provincial-level People’s Committee shall reply in writing to the applicant, clearly stating the reason.

* The Forms provided in the Appendix to this Circular are not translated.