Decision 49/2026/QD-TTg dossiers, order and procedures for identification of investment projects using obsolete technologies, potentially causing environmental pollution or being resource-intensive

DECISION

Providing the dossiers, order and procedures for identification of investment projects using obsolete technologies, potentially causing environmental pollution or being resource-intensive

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Investment No. 143/2025/QH15;

Pursuant to the Government’s Decree No. 96/2026/ND-CP dated March 31, 2026, detailing and guiding the implementation of a number of articles of the Law on Investment;

At the proposal of the Minister of Science and Technology,

The Prime Minister hereby promulgates the Decision providing the dossiers, order and procedures for identification of investment projects using obsolete technologies, potentially causing environmental pollution or being resource-intensive.

Article 1. Scope of regulation

1. This Decision provides the dossiers, order and procedures for identification of investment projects using obsolete technologies, potentially causing environmental pollution or being resource-intensive, and assessment of machinery, equipment and technological lines of investment projects.

2. This Decision does not apply to investment projects serving national defense or public security tasks.

Article 2. Subjects of application

1. Agencies in charge of identifying investment projects using obsolete technologies, potentially causing environmental pollution or being resource-intensive as specified at Points a and b, Clause 16, Article 28 of the Government’s Decree No. 96/2026/ND-CP dated March 31, 2026, detailing and guiding the implementation of a number of articles of the Law on Investment.

2. Investors; organizations designated to assess machinery, equipment and technological lines; and related agencies, organizations and individuals.

Article 3. Interpretation of terms

1. Investment projects using technologies means investment projects that use machinery, equipment and technological lines to turn out products.

2. Machinery and equipment constitute a complete structure comprising interconnected components, component assemblies, and parts that operate and move for their designed purposes.

3. Technological line means a system of machinery, equipment, tools and means that are arranged, installed and interconnected at a specific location in accordance with a designed technological diagram and process, ensuring synchronous operation to carry out the production process.

4. Machinery and equipment not arranged into a technological line means machinery and equipment arranged and installed for independent use or not interconnected and synchronously operated as prescribed in Clause 3 of this Article.

5. Identification of an investment project using obsolete technology, potentially causing environmental pollution or being resource-intensive means the consideration, assessment and determination of the technological line, machinery and equipment of the investment project in accordance with Points a, b and c, Clause 15, Article 28 of Decree No. 96/2026/ND-CP to conclude whether or or not the project uses obsolete technologies, potentially causing environmental pollution or being resource-intensive, and whether or not it falls within the List of technologies prohibited from transfer under the law on technology transfer (hereinafter referred to as “technology identification of investment project”).

Article 4. Dossiers, order and procedures for technology identification of investment projects

1. A dossier of request for technology identification of an investment project must comprise:

a) A written request for technology identification of an investment project, made according to Form No. 01 provided in the Appendix to this Decision;

b) An explanatory report on the current state of the technology used in the investment project, made according to Form No. 02 provided in the Appendix to this Decision;

c) A valid assessment certificate of the machinery, equipment and technological lines used in the investment project, made according to Form No. 03 provided in the Appendix to this Decision.

2. Order and procedures for technology identification of an investment project:

a) The investor shall hand-deliver or send by post or submit online via a national public service portal 1 dossier of request for technology identification to the agency in charge of technology identification according to regulations on decentralization of powers at Points a and b, Clause 16, Article 28 of Decree No. 96/2026/ND-CP (below referred to as in-charge agency). Where a dossier has been received online, the investor is not required to resubmit paper copies of dossier components that have been authenticated or digitally signed or can be retrieved from the information systems of competent state agencies. If the dossier components are not authenticated or digitally signed, or where the information cannot be retrieved or the retrieved information is incomplete or inaccurate, the agency or person competent to receive and process the administrative procedure shall request the individual or organization to supplement the dossier component for processing of the administrative procedure.

b) For incomplete or invalid dossier as prescribed:

If the investor submits the dossier directly, the person competent to receive and process the administrative procedure shall instruct the investor to complete the dossier, or refuse to receive the dossier in accordance with the law on performance of administrative procedures under the single-window and inter-agency single-window mechanisms;

If the dossier is submitted online via the national public service portal or by postal service, within 2 working days after receiving the dossier, the in-charge agency shall send a written notice to the investor for modifying, supplementing and completing the dossier. Such a notice must clearly state the name of the dossier and the date of receipt; the dossier components and contents to be amended or supplemented and the reasons therefor; the time limit for the investor to complete the dossier; and information on the division and person directly processing the dossier.

c) Within 3 working days after receiving a complete and valid dossier, the in-charge agency shall send a document to the state management agency in charge of environmental affairs and specialized management agency of the corresponding level according to regulations on decentralization of powers to solicit the latter’s opinion. In case of necessity, the in-charge agency shall consult independent organizations and experts on specialized issues and technology identification of the investment project.

d) Within 05 working days, the consulted agencies and independent organizations and experts shall send their replies to the in-charge agency.

dd) For large-scale investment projects with complicated technology, in case of necessity, within 20 working days after receiving a complete and valid dossier, the in-charge agency shall, based on the specific dossier and its professional capacity, decide to establish a Science and Technology Advisory Council as specified in Clause 3 of this Article, organize a field survey at the investment project and hold a Council meeting to provide opinions on technology identification of the investment project.

e) Within 5 working days after receiving opinions from the coordinating agency, the Science and Technology Advisory Council, independent organizations and experts and in-charge agency shall make their written opinions on technology identification of the investment project, made according to Form No. 04 provided in the Appendix to this Decision.

g) Where the machinery, equipment, or technological line of the investment project has valid and effective inspection or assessment results regarding safety, energy efficiency, or environmental protection issued by a state management agency or an assessment organization designated by a competent state management agency, the in-charge agency shall consider using and referring to such results when identifying the technology of the investment project and shall not require reassessment of matters for which results are already available, unless there are grounds to establish that such results are no longer accurate or appropriate.

3. The Science and Technology Advisory Council shall consist of a chairperson, a deputy chairperson and a secretary; representatives of the in-charge agency and related state management agencies; a science and technology specialized agency of the provincial-level People's Committee of the locality where the project is to be implemented, in case the in-charge agency is the Ministry of Science and Technology according to regulations on decentralization of powers at Point a, Clause 16, Article 28 of Decree No. 96/2026/ND-CP; and experts whose fields of expertise are suitable to the field of technology to be determined and assessed. The number of experts must not be lower than one-third of the number of members of the Council.

The Science and Technology Advisory Council shall operate on the principles of democracy, objectivity and honesty, and conduct collective discussions or collect written opinions, and adopt conclusions by majority vote. The Council’s conclusions shall be recorded in minutes, clearly stating each member’s opinion where differing opinions arise, and shall serve as the basis for the in-charge agency to consider and decide on the determination of the technology of the investment project. The Council shall take responsibility before law and the agency that established the Council for its consultations and recommendations.

The competent agency shall decide on the organization and operation of the Council in conformity with the principles prescribed in this Clause.

Article 5. Assessment certificates and designated assessment organizations

1. Assessment certificates shall be issued by assessment organizations designated to assess machinery, equipment and technological lines of investment projects in accordance with law.

The validity period of an assessment certificate is 12 months from the date of its issuance.

2. Designation of an organization to assess machinery, equipment and technological lines in an investment project as prescribed in this Decision means the designation by the Ministry of Science and Technology of an assessment organization that fully satisfies the conditions prescribed by the law on product and goods quality to assess the machinery, equipment and technological lines of the investment project according to the criteria prescribed by the law on investment and in accordance with the dossiers, competence, order and procedures prescribed in this Decision.

3. Assessment organizations that have been designated to assess used machinery, equipment and technological lines imported in accordance with the law on foreign trade management, may register with competent agencies to add designated assessment of machinery, equipment and technological lines of investment projects into their scope of operation.

Article 6. Dossiers of registration for designation of assessment organizations

1. For first-time designation, a dossier must comprise:

a) An application for designation for assessment of machinery, equipment and technological lines of investment projects, made according to Form No. 05 provided in the Appendix to this Decision;

b) A list of assessors, made according to Form No. 06 provided in the Appendix to this Decision, accompanied by copies of professional training certificates and documents proving assessor’ satisfaction of the conditions for designation of the conformity assessment organization as prescribed by law;

c) Copies of technical documents, applicable standards or technical regulations, methods and processes, and procedures for assessment in conformity with national standard TCVN ISO/IEC 17020, corresponding to the scope of registration for designation;

d) A copy of the certificate of recognition of assessment capacity issued by the accreditation organization.

2. In case of adding assessment of machinery, equipment and technological lines of investment projects to the scope of operation as specified in Clause 3, Article 5 of this Decision, a dossier must comprise:

a) An application for addition of designated assessment of machinery, equipment, and technological lines of investment projects to the scope of operation, made according to Form No. 07 provided in the Appendix to this Decision;

b) The documents specified at Points b, c, and d, Clause 1 of this Article, corresponding to the scope of additional registration.

3. Within 60 days before its designation decision expires, if wishing to continue to be designated, an assessment organization shall make a dossier as specified for the case of first-time designation in Clause 1 of this Article.

Article 7. Competence, order and procedures for designation of assessment organizations

1. The Ministry of Science and Technology shall be competent to designate organizations to assess machinery, equipment and technological lines of investment projects.

2. Order and procedures for first-ever designation and re-designation in case the designation decision expires:

a) The assessment organization shall make 1 dossier of registration for designation or re-designation for assessment of machinery, equipment and technological lines of investment projects and hand-deliver it or send it by post to the Ministry of Science and Technology, or or submit online via the national public service portal, for designation registration.

b) Within 3 working days after receiving the registration dossier, if the dossier is not complete or valid as prescribed, the Ministry of Science and Technology shall issue a notice, requesting the assessment organization to modify and supplement the dossier; such notice must clearly specify the dossier components, matters to be modified, supplemented, and the reasons therefor.

c) Within 15 working days after receiving a complete and valid dossier, the Ministry of Science and Technology shall evaluate actual capacity of the assessment organization by appointing an expert or forming an evaluation team. The evaluation of actual capacity must comply with Clause 4 of this Article. Expenses for evaluation activities of the expert or evaluation team shall be covered by the assessment organization registered for designation.

The evaluation of actual capacity at the assessment organization shall be notified in writing 5 working days in advance to the assessment organization that has submitted the registration dossier. When the evaluation finishes, the expert or evaluation team shall make an evaluation record with the contents specified in Clause 4 of this Article. The evaluation record shall fully specify the participants; time and place of evaluation; evaluation results for each matter prescribed in Clause 4 of this Article; matters to be remedied by the assessment organization and the time limit for remediation (if any); opinions of the assessment organization being evaluated; and signatures of the expert or members of the evaluation team and the representative of the assessment organization.

In case the assessment organization is required to remedy errors stated in the evaluation record, within 22 working days, the assessment organization shall send a report on remediation results to the Ministry of Science and Technology. The report on remediation results shall clearly specify each matter to be remedied according to the evaluation record, the measures taken, remediation results, and enclosed supporting documents. In case the remediation needs to be prolonged, the assessment organization shall report thereon to the Ministry of Science and Technology in writing and clearly state the time of officially completing the remediation.

d) Within 7 working days after receiving the report on results of remediation of the errors stated in the evaluation record, if the assessment organization has remedied all errors and meets law-prescribed requirements, the Ministry of Science and Technology shall issue a decision to designate the organization to assess machinery, equipment and technological lines of investment projects, made according to Form No. 08 provided in the Appendix to the Decision. The decision on designation shall be valid for no more than five (5) years from the date of its signing.

In case of refusal, within 7 working days after the dossier processing results are available, the Ministry of Science and Technology shall notify the assessment organization in writing, clearly stating the legal grounds and reasons for refusal and the matters to be completed by the assessment organization if it continues to apply for designation.

3. Order and procedures for additional assessment scope designation:

The assessment organization shall make 1 dossier of registration for addition of assessment of machinery, equipment and technological lines of investment projects and hand-deliver it or send it by post to the Ministry of Science and Technology, or submit online via the national public service portal, for additional designation of the assessment scope.

The order and procedures for registration for consideration and additional designation of the assessment scope of machinery, equipment and technological lines of investment projects must comply with Clause 2 of this Article.

4. Content of evaluation of actual capacity:

a) The assessment organization’s compliance with the law in the field it registers for being designated;

b) Authenticity of the registration dossier;

c) Maintenance of the assessment organization’s management system and operational capacity meeting the requirements specified in national standard TCVN ISO/IEC 17020 or international standard ISO/IEC 17020;

d) Qualifications and capacity of assessors.

Article 8. Responsibilities of the Ministry of Science and Technology

1. To assume the prime responsibility for, coordinate with related agencies in, and guide provincial-level Departments of Science and Technology to conduct, technology identification of investment projects under this Decision.

2. To designate organizations to assess machinery, equipment and technological lines of investment projects and publish the List of designated assessment organizations on its Portal.

3. To assume the prime responsibility for examining the assessment of machinery, equipment and technological lines performed by designated assessment organizations in accordance with law.

4. To assume the prime responsibility for developing, managing and operating the database serving the technology identification of investment projects, and assessment of machinery, equipment and technological lines, on the principle of prioritizing the connection and reuse of existing data infrastructure commensurate with actual management needs.

The data prescribed in this Clause shall be connected, shared and utilized in accordance with the law on data and relevant specialized laws. Competent state agencies may exploit or request the provision of data within the scope of their assigned functions and duties; the sharing and exploitation of data must comply with the laws on protection of state secrets, trade secrets, personal data and information security.

5. To coordinate with ministries and ministerial-level agencies in connecting and sharing data on dossiers and results of technology identification of investment projects and assessment of machinery, equipment and technological lines to serve state management requirements according to their assigned functions and duties. Where the database has not yet been completed or connection cannot be established, the Ministry of Science and Technology shall provide data upon the written request of a competent agency.

Article 9. Responsibilities of ministries, ministerial-level agencies and provincial-level People’s Committees

1. Ministries and ministerial-level agencies shall coordinate with the Ministry of Science and Technology in implementing this Decision. Ministries and ministerial-level agencies wishing to exploit data specified in Clause 4, Article 8 of this Decision shall determine the focal point to receive data, the scope of data to be exploited, and take responsibility for protecting state secrets, trade secrets, personal data, and information security in accordance with the law.

2. Provincial-level People’s Committees shall direct provincial-level Departments of Science and Technology:

a) To assume the prime responsibility for technology identification of investment projects in accordance with this Decision;

b) Before December 20 every year, to send to the Ministry of Science and Technology reports on technology identification of investment projects, made according to Form No. 09 provided in the Appendix to this Decision. The data collection period is from December 15 of the year preceding the reporting period to December 14 of the reporting period.

Article 10. Responsibilities of assessment organizations

1. To assess machinery, equipment and technological lines in investment projects according to this Decision and relevant laws.

2. To adhere to the principles of independent, objective and scientific operation; to comply with the law on assessment and take responsibility before law for the accuracy of assessment results; to be subject to examination by state management agencies in charge of assessment.

3. Before December 20 every year, to send to the Ministry of Science and Technology reports on assessment of machinery, equipment and technological lines of investment projects, made according to Form No. 10 provided in the Appendix to this Decision. The data collection period is from December 15 of the year preceding the reporting period to December 14 of the reporting period.

4. To notify the Ministry of Science and Technology of all changes that affect the assessment capacity in the designated fields within 15 days upon occurrence of changes.

Article 11. Transitional provisions

1. For dossiers of request for technology identification of investment projects received by the in-charge agency before the effective date of this Decision:

a) Dossier components and results of steps lawfully completed before the effective date of this Decision (including opinions of coordinating agencies and conclusions of the Science and Technology Advisory Council, if any) may continue to be used and need not be redone;

b) The contents and criteria for technology identification shall comply with the law effective at the time the dossier was received.

2. Dossiers of registration for designation or additional designation of the scope of assessment of machinery, equipment and technological lines in investment projects that were received by a competent agency before the effective date of this Decision, but have not yet been processed shall continue to be processed in accordance with the Prime Minister's Decision No. 29/2023/QD-TTg dated December 19, 2023, until the designation process is completed.

3. Assessment organizations designated before the effective date of this Decision may continue to assess machinery, equipment and technological lines in investment projects until the expiration of their designation periods.

4. Assessment certificates for machinery, equipment and technological lines in investment projects issued in accordance with Decision No. 29/2023/QD-TTg before the effective date of this Decision may continue to be used until their expiration dates.

Additional assessment shall be conducted where an assessment certificate does not contain all contents of the technology determination criteria prescribed at the time of submission of the dossier of request for technology identification.

Article 12. Implementation provisions

1. This Decision takes effect from December 15, 2026.

2. The Prime Minister’s Decision No. 29/2023/QD-TTg dated December 19, 2023, providing the dossier, order and procedures for identification of investment projects using obsolete technologies, potentially causing environmental pollution or being resource-intensive, and Article 4 of the Prime Minister’s Decision No. 02/2026/QD-TTg dated January 08, 2026, amending and supplementing a number of decisions for reduction and simplification of administrative procedures related to production and business activities under the Ministry of Science and Technology’s state management, cease to be effective from the effective date of this Decision.

3. In case any legal document referred to in this Decision is amended, supplemented or replaced, the newest one shall prevail.

4. Any difficulties or problems arising in the course of implementation should be reported to the Ministry of Science and Technology for consolidation and reporting to the Prime Minister for consideration and decision.

5. Ministers, heads of ministerial-level agencies, Chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decision.