Circular 15/2023/TT-BKHCN amend Circular 32/2011/TT-BKHCN and Circular 03/2014/TT-BKHCN

CIRCULAR

Amending and supplementing a number of articles of Circular No. 32/2011/TT-BKHCN and Circular No. 03/2014/TT-BKHCN

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

Pursuant to the Law on Science and Technology dated June 18, 2013;

Pursuant to Government's Decree No. 28/2023/ND-CP dated June 02, 2023, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

Pursuant to the Government’s Decree No.08/2014/ND-CP detailing a number of articles of the Law on Science and Technology dated January 27, 2014;

Pursuant to the Prime Minister's Decision No. 55/2010/QD-TTg dated September 10, 2010, 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;

At the request of the Director of the Department of Legal Affairs and the Director of the Office for Registration of Scientific and Technological Activities;

The Minister of Science and Technology hereby promulgates the Circular amending and supplementing a number of articles of Circular No. 32/2011/TT-BKHCN and Circular No. 03/2014/TT-BKHCN

Article 1. Amending and supplementing a number of articles, and replacing a number of forms of the Minister of Science and Technology’s Circular No. 32/2011/TT-BKHCN dated November 15, 2011, on criteria for determining hi-tech application projects and investment projects on hi-tech product manufacture, and evaluation of dossiers of application for certificates of hi-tech application activities, new enterprises established under investment projects on hi-tech product manufacture and hi-tech enterprises, which was amended and supplemented under Circular No. 04/2020/TT-BKHCN

1. To amend and supplement Clause 2, Article 7 as follows:

“2. Spending contents and levels comply with Circular No. 03/2023/TT-BTC dated January 10, 2023, of the Minister of Finance, stipulating the estimation, management, use and settlement of state budget funds for performing scientific and technological tasks and related documents.”.

2. To add Clause 4, Article 9 as follows:

“4. Individuals who are Vietnamese citizens can use their level-2 e-identification accounts instead of copies of people’s identity cards, citizen identity cards or passports when carrying out the procedures for applying for grant of certificates of hi-tech application activities.”.

3. To replace forms B1-CNHDUD, B1-DNTLM, B1-DNCNC, B2-TMDNTLM, B4-HDUD, B4-DNTLM, B4-DNCNC with forms B1-CNHDUD, B1-DNTLM, B1-DNCNC, B2- TMDNTLM, B4-HDUD, B4-DNTLM, B4-DNCNC in Appendix I to this Circular.

Article 2. Amending and supplementing a number of articles, and replacing a number of forms of the Minister of Science and Technology’s Circular No. 03/2014/TT-BKHCN, guiding conditions for establishment and operation registration of science and technology organizations and representative offices and branches of science and technology organizations

1. To amend and supplement Point c, Clause 4, Article 6 as follows:

“c) Regarding the non-public and foreign-invested science and technology organizations, in addition to the list of human resources made according to Form 8 provided in Appendix to this Circular, the following documents are required:

- For official employees:

+ An application for official employment, made according to Form No. 9 in the Appendix to this Circular;

+ (Certified) copies of training diplomas.

In case of necessity, the certificate-issuing agency has the right to request the presentation of the original documents related to that personal dossier for comparison.

- For employees holding concurrent positions:

+ An application for holding concurrent positions, made according to Form No. 10 in the Appendix to this Circular;

+ (Certified) copies of training diplomas.

In case of necessity, the certificate-issuing agency has the right to request the presentation of the original documents related to that personal dossier for comparison.”.

2. To replace Forms No. 1, 2, 3, 4, 5, 6, 9, 10, 11, 14, 15, 21 and 22 in the Appendix with Forms No. 1, 2, 3, 4, 5, 6, 9, 10, 11, 14, 15, 21 and 22 in the Appendix II to this Circular.

Article 3. Effect

1. This Circular takes effect from August 1, 2023.

2. Any difficulties and problems arising in the course of implementation should be promptly reported in writing to the Ministry of Science and Technology for consideration and settlement./.