Decision No. 69/2010/QD-TTg dated November 03, 2010 of the Prime Minister specifying the competence, order and procedures for recognizing hi-tech agricultural enterprises

DECISION

SPECIFYING THE COMPETENCE, ORDER AND PROCEDURES FOR RECOGNIZING HI-TECH AGRICULTURAL 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 Technology;

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

DECIDES:

Article 1.Scope of regulation and subjects of application

1. This Decision specifics the competence order and procedures for recognizing for a definite duration hi-tech agricultural enterprises.

2. This Decision applies to Vietnamese organizations and individuals, overseas Vietnamese, and foreign organizations and individuals having enterprises requested to be recognized as hi-tech agricultural enterprises in Vietnam.

Article 2.Competence to recognize hi-tech agricultural enterprises

The Ministry of Agriculture and Rural Development is competent to grant certificates of hi-tech agricultural enterprise.

Article 3.Order and procedures for granting certificates of hi-tech agricultural enterprise

1. Hi-tech agricultural enterprises shall be recognized through granting certificates of hi-tech agricultural enterprise.

2. Dossiers of application for certificates of hi-tech agricultural enterprise shall be filed directly with or sent by post to the Ministry of Agriculture and Rural Development. A dossier, which shall be made in one original-set and one copied set. comprises:

a/ An application for recognition of a hi-tech agricultural enterprise, made according to a form set by the Ministry of Agriculture and Rural Development:

b/ A notarized copy of the enterprise s business registration certificate or investment certificate or certificate of scientific and technological enterprise;

c/ A written explanation about the enterprise s satisfaction of the conditions specified in Clause 1. Article 19. and Points c and d. Clause 1: Article 18 of the Law on High Technology.

3. Within 5 working days after receiving a dossier, the Ministry of Agriculture and Rural Development shall notify the applicant of the validity of its dossier or request it to supplement or modify its dossier. The duration of dossier supplementation or modification is not counted into the examination time limit.

4. Within 30 working days after receiving a complete dossier, the Ministry of Agriculture and Rural Development shall examine it and decide to grant a certificate of hi-tech agricultural enterprise to the enterprise. In case of refusal to grant such a certificate, the Ministry shall notify in writing the applicant of the reason for refusal.

5. The model certificate of hi-tech agricultural enterprise shall be issued by the Ministry of Agriculture and Rural Development.

Article 4.Revocation of certificates of hi-tech agricultural enterprise

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

a/ Within 12 months after obtaining the certificate, it fails to commence its operation:

b/ It has forged the dossier of application for the certificate;

c/ It violates any of the prohibitions prescribed in the Law on High Technology;

d/ It no longer satisfies the conditions specified m Clause 1. Article 19. and Points c and d. Clause 1. Article 18 of the Law on High Technology in the course of operation.

2. The Ministry of Agriculture and Rural Development shall issue decisions to revoke certificates of hi-tech agricultural enterprise of enterprises falling in any of the cases specified in Clause 1 of this Article.

3. Enterprises having their certificates of hi-tech agricultural enterprise revoked will not be considered for re-grant of such certificate within 3 years after the date of revocation.

Article 5.Validity of certificates of hi-tech agricultural enterprise

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

2. The certificate of hi-tech agricultural enterprise serves as a basis for enterprises to enjoy the incentives and supports provided in Clause 2, Article 19 of the Law on High Technology and other incentives and supports provided by law.

Article 6.Responsibilities of the Ministry of Agriculture and Rural Development

To guide, urge, supervise and inspect the implementation of this Decision; and assume the prime responsibility for settling problems arising in the course of implementation and proposing to the Prime Minister for decision matters falling beyond its competence.

Article 7.Responsibilities of provincial-level People s Committees

To monitor, inspect and manage operations of enterprises possessing certificates of hi-tech agricultural enterprise in their localities; and to propose the Ministry of Agriculture and Rural Development to revoke certificates of violators in their localities.

Article 8.Handling of violations

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

Article 9.Effect and implementation responsibility

1. This Decision takes effect on December 20, 2010.

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