VietnameseCircular No. 10/2009/TT-BKHCN of April 24, 2009, guiding technology appraisal of investment projects
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Circular No. 10/2009/TT-BKHCN of April 24, 2009, guiding technology appraisal of investment projects
| Issuing body: | Ministry of Science and Technology | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 10/2009/TT-BKHCN | Signer: | Nguyen Quan |
| Type: | Circular | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 24/04/2009 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Investment , Science - Technology |
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THE MINISTRY OF SCIENCE AND TECHNOLOGY ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------- |
No. 10/2009/TT-BKHCN | Hanoi, April 24, 2009 |
CIRCULAR
GUIDING TECHNOLOGY APPRAISAL OF INVESTMENT PROJECTS
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 2005 Investment Law;
Pursuant to the Government's Decree No. 108/2006/ND-CP of September 22, 2006, detailing and guiding a number of articles of the investment Law;
Pursuant to the Government's Decree No. 133/2008/ND-CP of December 31, 2008, detailing and guiding a number of articles of the Law on Technology Transfer;
The Ministry of Science and Technology guides the technology appraisal of investment projects under consideration for grant of investment certificates as follows:
Pursuant to the 2005 Investment Law;
Pursuant to the Government's Decree No. 108/2006/ND-CP of September 22, 2006, detailing and guiding a number of articles of the investment Law;
Pursuant to the Government's Decree No. 133/2008/ND-CP of December 31, 2008, detailing and guiding a number of articles of the Law on Technology Transfer;
The Ministry of Science and Technology guides the technology appraisal of investment projects under consideration for grant of investment certificates as follows:
I. GENERAL PROVISIONS
1. Scope of regulation
This Circular guides the appraisal of technologies in investment projects on which the Prime Minister approves the investment policy and projects for which investment certificates are granted by provincial-level People's Committees and management boards of industrial parks, export-processing zones, hi-tech parks and economic zones prescribed in Articles 37, 38 and 39 of the Government's Decree No. 108/2006/ ND-CP of September 22, 2006, detailing and guiding a number of articles of the Investment Law.
2. Subjects of application
This Circular applies to:
a/ Agencies in charge of technology appraisal of investment projects defined in Part IV of this Circular.
b/ Organizations and individuals related to technology appraisal of investment projects.
II. CONTENTS OF TECHNOLOGY APPRAISAL
In the dossier of an investment project, the following contents must be appraised:
1. The project's technology
a/ To identify whether or not the project's technology is on the list of technologies encouraged for transfer, the list of technologies restricted from transfer or the list of technologies banned from transfer, issued together with the Government's Decree No. 133/2008/ND-CP of December 31, 2008, detailing and guiding a number of articles of the Law on Technology Transfer.
b/ To evaluate the completeness of technology: The technology charts may vary among different types of products and production methods, but must express all steps in the production chain which must be followed to turn out products as quantitatively and qualitatively planned.
c/ To evaluate the cutting edge of the technology chain: An advanced technology chain is a specialized production chain which is organized by mechanical automation methods with the application of digital techniques and has at least 1/3 (one third) of its automatic equipment (calculated according to value) operating under control programs; involves no stage of heavy manual labor: and is arranged in a space meeting industrial hygiene, labor safety and environmental sanitation standards.
d/ To select technology: It is necessary to analyze and compare the advantages and disadvantages of each technology option stated in the investment project and. on the basis of evaluating the completeness of the technology, the cutting edge of the technology chain and the suitability of the technology, to give comments on the selected technology.
e/ Apart from regulations in this Circular, investment projects in hi-tech parks must satisfy criteria specified in the Regulation on criteria for determining projects to manufacture hi-tech products, issued together with the Science and Technology Minister's Decision No. 27/2006/QD-BKHCN of December 18, 2006.
2. Products turned out by the technology and the product market
a/ Forecasts about market demands (at home and abroad), with identical products and reliability of forecasts taken into consideration.
b/ Forecasts about the market share of products turned out by the technology, and the export rate.
c/ The rationality of the technology scale.
d/ Applicable product quality standards.
e/ Competitiveness (in terms of quality, design and price) of products turned out by the selected technology.
3. Equipment in the technology chain
a/ Equipment in the technology chain must be evaluated so as to determine whether or not their utilities and quality satisfy technological requirements for turning out products of expected quality and quantity.
b/ The compatibility of equipment in the technology chain (the list of equipment needed for the investment project must show the capacity for performing all stages in the technology chain and meeting requirements on product quantity and quality). Particularly for projects in which foreign parties contribute equipment as capital, attention must be paid to prevent the inclusion of unnecessary equipment in the list of equipment.
c/ On the basis of the list of equipment of the investment project, it is required to examine:
- The origin of equipment (manufacturing countries and firms).
- Signs and codes, technical properties and utilities of equipment
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