Circular No. 33/2011/TT-BKHCN dated December 9, 2011 of the The Ministry of Science and Technology guiding the competence, order and procedures for certifying new businesses established under investment projects to manufacture products on the list of hi-tech products eligible for development promotion

THE MINISTRY OF SCIENCE AND TECHNOLOGY

Circular No. 33/2011/TT-BKHCN of December 9, 2011, guiding the competence, order and procedures for certifying new businesses established under investment projects to manufacture products on the list of hi-tech products eligible for development promotion

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 hi-tech products prioritized for development investment and the list of hi-tech products eligible for development promotion;

The Minister of Science and Technology guides the competence, order and procedures for certifying new businesses established under investment projects to manufacture products on the list of hi-tech products eligible for development promotion specified in Clause 3, Article 17 of the Law on High Technology as follows:

Article 1. Scope of regulation

This Circular guides the competence, order and procedures for certifying new businesses established under investment projects to manufacture products on the list of hi-tech products eligible for development promotion issued together with the Prime Minister’s Decision No. 49/2010/QD-TTg of July 19, 2010 (below referred to as newly established businesses).

Article 2. Subjects of application

This Circular applies to new businesses of all economic sectors which are established under investment projects to manufacture in Vietnam products on the list of hi-tech products eligible for development promotion issued together with the Prime Minister’s Decision No. 49/2010/QD-TTg of July 19, 2010.

Article 3. Competence to grant new-business certificates

1. The Ministry of Science and Technology is competent to grant and revoke new-business certificates (below referred to as certificates).

2. The Ministry of Science and Technology’s Certification Office of Hi-Tech Activities and S&T Enterprises (below referred to as the certification office) shall receive application dossiers, conduct appraisal and propose the Minister of Science and Technology to grant certificates.

Article 4. Dossiers of application for certification of new businesses

1. A dossier comprises:

a/ An application for a certificate, made by the new business according to form No. B1-DNTLM issued together with the Minister of Science and Technology’s Circular No. 32/2011/TT-BKHCN of November 15, 2011;

b/ A certified copy of the business registration certificate or investment certificate;

c/ An explanatory report on the business’s satisfaction of criteria of an investment project to manufacture hi-tech products, made according to form No. B2-TNDNTLM issued together with the Minister of Science and Technology’s Circular No. 32/2011/TT-BKHCN of November 15, 2011.

2. A dossier of application for certification of a new business shall be made in Vietnamese in two sets and sent directly or by post to the certification office. Of these two dossier sets, one will be preserved while the other will be used for carrying out procedures under this Circular.

Article 5. Order and procedures for grant of certificates

1. Order and procedures for grant of a certificate

a/ Within 5 working days after receiving a dossier, the certification office shall examine the completeness and validity of the dossier;

b/ For an incomplete or invalid dossier, within 5 working days, the certification office shall send directly or by post an official request to the business for dossier completion. Within 10 working days after receiving such request, the business shall supplement or modify the dossier and then return it to the certification office. Past this time limit, if the business fails to complete the dossier or completes the dossier against requirements, the certification office shall send a written refusal to grant a certificate to the business;

c/ When necessary, within 20 working days after receiving a complete and valid dossier, the certification office shall consult related ministries, sectors and provincial-level People’s Committees to clarify matters stated in the dossier;

d/ Within 30 working days after receiving a valid and complete dossier or from the expiration of the time limit for consulting related ministries, sectors and provincial-level People’s Committees, the certification office shall conduct the appraisal or request the setting up of a consultancy council to conduct the appraisal according to the Minister of Science and Technology’s Circular No. 32/2011/TT-NKHCN of November 15, 2011. Within 15 working days after obtaining appraisal results, the certification office shall propose the Minister of Science and Technology to grant a certificate and send it to the business. In case of refusal to grant a certificate, the certification office shall notify the reason in writing to the business.

2. Certificates shall be made according to form No. B4-DNTLM issued together with the Minister of Science and Technology’s Circular No. 32/2011/TT-BKHCN of November 15, 2011.

Article 6. Revocation of certificates

1. A certificate shall be revoked when:

a/ The business fails to commence its operation within 12 months from the date of grant of a certificate;

b/ The business has forged its certificate application dossier;

c/ The business commits any of the prohibited acts specified in Article 8 of the Law on High Technology;

d/ The business, during its operation, no longer complies with the provisions of law on new businesses established under investment projects to manufacture hi-tech products;

e/ The business, during its operation, commits illegal acts and has its certificate revoked under a competent agency’s decision or request.

2. Responsibilities of businesses having their certificates revoked

Depending on its specific case, a business that has its certificate revoked shall refund supports or incentives it has received from the date of grant of the certificate.

Article 7. Validity of certificates

1. Certificates serve as a basis for businesses to enjoy incentives specified in Clause 1, Article 17 of the Law on High Technology and other incentives and supports according to law.

2. A certificate is valid from the date of issue to the date of termination of the investment project to manufacture hi-tech products.

Article 8. Responsibilities of the certification office

To guide and examine the implementation of this Circular; act as a focal point in settling problems arising in the course of implementation; submit matters beyond its competence to the Minister of Science and Technology for decision and propose competent agencies to handle violations according to law.

Article 9. Handling of violations

Violators of this Circular shall, depending on the nature and severity of their violations, be handled according to law.

Article 10. Effect and organization of implementation

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 to the Ministry of Science and Technology for consideration and additional guidance.-

Minister of Science and Technology
NGUYEN QUAN