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.

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