Decision No. 55/2010/QD-TTg dated September 10, 2010 of the Prime Minister on the competence, order and procedures for certifying organizations and individuals carrying out hi-tech application or research and development operations and recognizing hi-tech enterprises

DECISION

ON THE COMPETENCE, ORDER AND PROCEDURES FOR CERTIFYING ORGANIZATIONS AND INDIVIDUALS CARRYING OUT HI-TECH APPLICATION OR RESEARCH AND DEVELOPMENT OPERATIONS AND RECOGNIZING HI-TECH ENTERPRISES

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

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

A t the proposal of the Minister of Science and Technology,

DECIDES:

Article 1.Competence to certify hi-tech application or research and development operations and recognize hi-tech enterprises

The Ministry of Science and Technology may grant certificates of hi-tech application or research and development operations (below referred to as operation certificates) and hi-tech enterprise certificates.

Article 2.Order and procedures for the grant of operation certificates

Organizations and individuals dossiers of application for operation certificates shall be sent directly or by post to the Ministry of Science and Technology. A dossier shall be made in two sets, including one original set and one photocopied set.

1. An organization s dossier of application for an operation certificate comprises:

a/ An application for the certificate, made according to a form set by the Ministry of Science and Technology;

b/ A notarized copy of the business registration certificate, investment certificate, science and technology enterprise certificate or certificate of registration of scientific and technological operations:

c/ A written explanation about the hi-tech application project or hi-tech research and development scheme (for high technologies on the list of those prioritized for development investment);

d/ The managing agency s written certification of the contents presented in the written explanation (for organizations managed by ministries, ministerial-level agencies or government-attached agencies); or a written certification of the provincial-level Science and Technology Department of the locality in which the organization carries out hi-tech application or research and development operations (for organizations not managed by ministries, ministerial-level agencies or government-attached agencies).

2. An individual s dossier of application for an operation certificate comprises:

a/ An application for the certificate, made according to a form set by the Ministry of Science and Technology, enclosed with two 4x6 cm photos;

b/ A copy of his/her valid identity card or passport;

c/ A written explanation about the hi-tech application project or hi-tech research and development scheme (for high technologies on the list of those prioritized for development investment);

d/ A written certification of the contents presented in the written explanation, given by the provincial-level Science and Technology Department of the locality in which the individual carries out hi-tech application or research and development operations.

3. Within 15 working days after receiving a written request for certification from an organization or individual carrying out hi-tech application or research and development operations, a ministry, ministerial-level agency, government-attached agency or provincial-level Science and Technology Department shall examine and certify in writing the contents presented in the written explanation about the hi-tech application project or hi-tech research and development scheme. If refusing to give certification, it shall notify in writing the reason to the applicant.

4. If the dossier is incomplete, the Ministry of Science and Technology shall send directly or by post a written request to the applicant for supplementation and completion of the dossier. Within 10 working days after receiving such request, the applicant shall supplement and modify the dossier and send it back to the Ministry of Science and Technology.

5. Within 15 working days after receiving an applicant s dossier of application for an operation certificate, the Ministry of Science and Technology shall appraise the dossier and grant an operation certificate and send it to the applicant. If refusing to grant a certificate, it shall notify in writing the reason to the applicant.

6. The Ministry of Science and Technology shall issue the forms of operation certificate and written certification specified respectively at Point d. Clause 1 and Point d. Clause 2 of this Article.

Article 3.Revocation of operation certificates

1. An organization or individual will have its/ his/her operation certificate revoked in any of the following cases:

a/ Failing to implement the approved hi-tech application project or hi-tech research and development scheme within 12 months after obtaining the certificate;

b/ Improperly implementing the contents of the approved hi-tech application project or hi-tech research and development scheme:

c/ Filing a request for permission to terminate the approved hi-tech application project or hi-tech research and development scheme;

d/ Forging the certificate application dossier;

e/ Committing any of the prohibited acts specified in the Law on High Technologies.

2. The Ministry of Science and Technology shall decide to revoke operation certificates of organizations and individuals that fall into any of the cases specified in Clause 1 of this Article.

Article 4.Validity of an operation certificate

1. An operation certificate is valid from the date of its issuance until the completion of a project or scheme.

2. An operation certificate is valid only for each project on the application or scheme on research and development of high technologies on the list of those prioritized for development investment. This certificate serves as a basis for organizations and individuals to enjoy incentives and supports specified in Clause 1. Article 10 and Clause 1, Article 12 of the Law on High-Technologies and other incentives and supports under law.

Article 5.Order and procedures for the grant of hi-tech enterprise certificate

1. A hi-tech enterprise shall be recognized through the grant of a hi-tech enterprise certificate.

2. Dossiers of application for hi-tech enterprise certificates shall be sent directly or by post to the Ministry of Science and Technology. A dossier shall be made in 2 sets, including one original set and one photocopied set, and comprises:

a/ An application for hi-tech enterprise recognition, made according to a form set by the Ministry of Science and Technology;

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

c/ A written explanation about the enterprise s satisfaction of all the conditions specified in Clause 1, Article 18 of the Law on High Technologies.

3. Within 5 working days after receiving a valid dossier, the Ministry of Science and Technology shall collect opinions of concerned ministries, sectors and provincial-level People s Committees.

4. If the dossier is incomplete, the Ministry of Science and Technology shall send directly or by post a written request to the applicant for supplementation and completion of the dossier. Within 10 working days after receiving such request, the applicant shall supplement and modify the dossier and send it back to the Ministry of Science and Technology.

5. When necessary, the Ministry of Science and Technology shall meet with concerned ministries, sectors and provincial-level People s Committees to clarify the matters specified in the dossier.

6. Within 30 days after receiving a complete dossier, the Ministry of Science and Technology shall appraise the dossier and grant a hi-tech enterprise certificate and send it to the applicant. If refusing to grant a certificate, it shall notify in writing the reason to the applicant.

7. The Ministry of Science and Technology shall issue the form of hi-tech enterprise certificate.

Article 6.Revocation of hi-tech enterprise certificates

1. An enterprise will have its hi-tech enterprise certificate revoked in any of the following cases;

a/ Failing to operate within 12 months after obtaining the certificate;

b/ Forging the certificate application dossier;

c/ Committing any of the prohibited acts specified in the Law on High Technologies;

d/ No longer satisfying the conditions specified in Clause 1. Article 18 of the Law on High Technologies during operation.

2. The Ministry of Science and Technology shall decide to revoke hi-tech enterprise certificates of enterprises that fall into any of the cases specified in Clause 1 of this Article.

Article 7. Validity of a hi-tech enterprise certificate

1. A hi-tech enterprise certificate is valid for 5 (five) years from the date of its issuance.

2. Hi-tech enterprise certificates serve as a basis for enterprises to enjoy incentives and supports specified in Clause 2. Article 18 of the Law on High-Technologies and other incentives and supports under law.

Article 8.Responsibilities of the Ministry of Science and Technology

To guide, urge, examine and inspect the implementation of this Decision. To act as the focal point in settling problems arising in the course of implementation and submit matters falling beyond its competence to the Prime Minister for decision.

Article 9. Handling of violations

Violators of this Decision shall, depending on the nature and severity of their violations and consequences caused, be handled under law.

Article 10. Effect and implementation responsibility

1. This Decision takes effect on October 26, 2010.

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