Decision No. 19/2018/QD-TTg dated April 19, 2018 of Prime Minister on prescribing criteria, competence, order and procedures for recognition as hi-tech agricultural enterprises

DECISION

Prescribing criteria, competence, order and procedures for recognition as hi-tech agricultural enterprises^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 13, 2008 Law on High Technologies;

Pursuant to the November 26, 2014 Law on Investment;

At the proposal of the Minister of Agriculture and Rural Development;

The Prime Minister promulgates the Decision prescribing criteria, competence, order and procedures for recognition as hi-tech agricultural enterprises.

Article 1.Scope of regulation and subjects of application

1. This Decision prescribes criteria, competence, order and procedures for recognition as hi-tech agricultural enterprises for a definite period.

2. This Decision applies to agencies, organizations and individuals involved in the recognition as hi-tech agricultural enterprises in Vietnam.

Article 2.Criteria for recognition as hi-tech agricultural enterprises

A hi-tech agricultural enterprise means an enterprise fully satisfying the conditions specified in Clause 1, Article 19 of the Law on High Technologies, specifically:

1. Applying high technologies on the list of those prioritized for development investment under Article 5 of the Law on High Technologies, to agricultural production.

2. Turning out agricultural products of high quality, yield, value and profit. The enterprise’s turnover from hi-tech agricultural products accounts for at least 60% of its annual net turnover.

3. Carrying out hi-tech research and application testing activities and transfer of technology for agricultural production. The enterprise spends at least 0.5% of its annual net turnover on research and development activities carried out in Vietnam. The number of its employees with university or higher degree personally participating in research and development activities accounts for at least 2.5% of its total workforce.

4. Applying environment-friendly and energy-saving measures to agricultural production and agricultural product quality management up to Vietnamese standards and technical regulations or international standards.

Article 3.Competence to recognize as hi-tech agricultural enterprises

1. Provincial-level People’s Committees may grant hi-tech agricultural enterprise certificates to enterprises registered in their localities.

2. Provincial-level Agriculture and Rural Development Departments shall assume the prime responsibility for appraising enterprises’ dossiers of request for recognition as hi-tech agricultural enterprises and propose provincial-level People’s Committees to consider and grant certificates.

Article 4.Order and procedures for grant of hi-tech agricultural enterprise certificates

1. A dossier of request for recognition as hi-tech agriculture enterprise shall be made and sent by post or directly to the provincial-level Agriculture and Rural Development Department of the locality where the enterprise has made business registration.

2. A dossier shall be made in 2 sets, comprising:

a/ A written request for recognition as hi-tech agricultural enterprise, made according to Form No. 01 provided in the Appendix to this Decision;

b/ A copy of the enterprise’s business registration certificate or investment certificate or science and technology enterprise certificate;

c/ A written justification of the enterprise’s full satisfaction of the conditions specified in Article 2, made according to Form No. 02 provided in the Appendix to this Decision; and supporting documents including copies of the enterprise’s financial statements in 2 consecutive years before requesting recognition as hi-tech agricultural enterprise; copies of contracts on technology research and transfer, purchase of materials and equipment for technological and product innovation, etc.; copies of labor contracts and degrees of employees with a university or higher degree personally participating in research and development activities of the enterprise; copies of valid certificates of conformity of the enterprise’s products or goods with standards or technical regulations; copies of documents issued by competent authorities on the enterprise’s environmental protection activities.

3. Order and procedures for appraisal and grant of hi-tech agricultural enterprise certificates

a/ Within 5 working days after receiving a dossier, the provincial-level Agriculture and Rural Development Department shall check whether the dossier is complete and valid. If finding that the dossier is valid, it shall form a team to appraise the dossier (below referred to as appraisal team). If finding that the dossier is incomplete and invalid, it shall notify the requesting enterprise thereof. The time for dossier supplementation shall not be counted into its appraisal time. An appraisal team must have 7 to 9 members, including the head who is a representative of the leadership of the provincial-level Agriculture and Rural Development Department, and a secretary who is an official of this Department. Other members are representatives of the provincial-level Finance Department; Planning and Investment Department; Justice Department; Natural Resources and Environment Department; and Science and Technology Department; and possibly some related experts;

b/ Within 7 working days after the issuance of its formation decision, the appraisal team shall organize a meeting with the attendance of at least two-thirds of its members to appraise the dossier. It shall check the completeness and accuracy of the dossier as well as the requesting enterprise’s satisfaction of the prescribed conditions; make a minutes of the meeting and send it to the provincial-level Agriculture and Rural Development Department;

c/ Within 3 working days after the appraisal team’s meeting, the provincial-level Agriculture and Rural Development Department shall submit the result of the meeting to the provincial-level People’s Committee for consideration and grant of a hi-tech agricultural enterprise certificate;

d/ Within 3 working days after receiving the result of the appraisal team’s meeting from the provincial-level Agriculture and Rural Development Department, the provincial-level People’s Committee shall decide to grant a hi-tech agricultural enterprise certificate and sent it to the enterprise. In case of refusal, it shall notify in writing the enterprise of the reason for the refusal;

dd/ Funding for appraisal teams’ meetings shall be provided from local budgets under current regulations.

4. A hi-tech agricultural enterprise certificate shall be made according to Form No. 3 provided in the Appendix to this Decision.

Article 5.Validity of hi-tech agricultural enterprise certificates

1. A hi-tech agricultural enterprise certificate is valid for 5 years from the date of its grant.

2. A hi-tech agricultural enterprise certificate serves as a basis for an enterprise to enjoy the incentives and supports specified in Clause 2, Article 19 of the Law on High Technologies and other incentives and supports in accordance with law.

Article 6.Re-grant of hi-tech agricultural enterprise certificates

1. Forty-five days before its hi-tech agricultural enterprise certificate expires, an enterprise shall make a dossier of request for re-grant of the certificate.

2. A dossier shall be made in 2 sets, comprising:

a/ A written request for recognition as hi-tech agricultural enterprise, made according to Form No. 01 provided in the Appendix to this Decision;

b/ A written justification as stated at Point c, Clause 2, Article 4 of this Decision;

3. The order and procedures for appraisal of a dossier of request for re-recognition as hi-tech agricultural enterprise must comply with Clauses 3 and 4, Article 4 of this Decision.

4. For a hi-tech agricultural enterprise certificate which is lost or damaged while remaining unexpired but not falling into the case specified in Clause 1 of this Decision, the enterprise shall send a request to the provincial-level Agriculture and Rural Development Department for the latter to propose the provincial-level People’s Committee to re-grant the certificate. Within 5 working days after receiving the enterprise’s request, the provincial-level People’s Committee shall re-grant the hi-tech agriculture enterprise certificate to the enterprise.

Article 7.Revocation of hi-tech agricultural enterprise certificates

1. A hi-tech agricultural enterprise certificate shall be revoked in any of the following cases in which the enterprise:

a/ Ceases production and business activities for 12 or more consecutive months while its hi-tech agricultural enterprise certificate remains unexpired;

b/  Submitted forged documents in order to be granted a hi-tech agricultural enterprise certificate;

c/ Commits a prohibited act specified in the Law on High Technologies;

d/ No longer satisfies any of the conditions specified in Article 2 of this Decision in the course of operation.

2. A provincial-level People’s Committee shall issue a decision to revoke the hi-tech agricultural enterprise certificate of an enterprise in any of the cases specified in Clause 1 of this Article; send a notice to such enterprise, the provincial-level tax agency, and post information on the revocation on its website.

Article 8.Responsibilities of provincial-level People’s Committees

1. To grant hi-tech agricultural enterprise certificates to enterprises having made business registration in their localities and revoke these certificates; to manage and supervise operation of hi-tech agricultural enterprises; to propose other localities or the Ministry of Agriculture and Rural Development (for certificates granted by the Ministry of Agriculture and Rural Development) to revoke certificates of enterprises which commit violations in their localities.

2. To regularly (monthly and annually) or extraordinarily summarize and report the result of recognition as hi-tech agricultural enterprises in their localities to the Ministry of Agriculture and Rural Development, State Bank of Vietnam and related ministries and sectors for summarization and reporting to the Prime Minister.

Article 9.Responsibilities of the Ministry of Agriculture and Rural Development

To assume the prime responsibility for, and coordinate with ministries, sectors and localities in, examining and inspecting the implementation of this Decision; to act as a focal point in summarizing and reporting on the recognition as hi-tech agricultural enterprises to the Prime Minister, and report issues falling beyond its competence to the Prime Minister.

Article 10.Effect and implementation responsibility

1. This Decision takes effect on June 5, 2018.

This Decision replaces the Prime Minister’s Decision No. 69/2010/QD-TTg of November 3, 2010, prescribing the competence, order and procedures for recognition as hi-tech agricultural enterprises.

To annul the Ministry of Agriculture and Rural Development’s Circular No. 50/2011/TT-BNNPTNT of July 15, 2011, guiding the implementation of the Prime Minister’s Decision No. 69/2010/QD-TTg of November 3, 2010, prescribing the competence, order and procedures for recognition as hi-tech agricultural enterprises.

2. Hi-tech agricultural enterprise certificates granted by the Ministry of Agriculture and Rural Development before the effective date of this Decision will remain valid until their expiry dates. The procedures for re-grant of certificates must comply with Article 6 of this Decision.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies shall implement this Decision.-

For the Prime Minister
Deputy Prime Minister
TRINH DINH DUNG