Circular No. 01/2013/TT-BKHCN stipulates criteria for determining research and development projects and programs on high technology and the procedures for reviewing applications for certificates of high technology research and development activities.

CIRCULAR

Regulations on determining criteria for research and development projects and programs of high technology and

reviewing applications for certificates of high technology research and development activities

_______________________________

Pursuant to the High Technology Law dated November 13, 2008;

Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decision No. 55/2010/QD-TTg dated September 10, 2010 of the Government guiding the authority, procedures, and formalities for certifying organizations and individuals engaged in applying high technology, certifying organizations and individuals conducting research and development of high technology, and recognizing high technology enterprises;

Considering the proposal of the Director of the High Technology Department;

The Minister of Science and Technology hereby stipulates the criteria for determining research and development projects and programs of high technology and the review of applications for certificates of high technology research and development activities as follows:

Article 1. Scope of Regulation and Applicability

This Circular stipulates the criteria for determining research and development projects and programs of high technology (hereinafter referred to as projects and programs); the review of applications for certificates of high technology research and development activities (hereinafter referred to as Certificate).

This Circular applies to Vietnamese organizations and individuals, overseas Vietnamese, foreign organizations and individuals participating in or implementing high technology research and development activities in Vietnam.

Article 2. Criteria for Determining Projects and Programs

1. Research and development projects and programs must meet the following criteria to be determined as high technology research and development:

a. The technology researched in the project or program must belong to the Priority List of High Technology for Investment and Development issued together with Decision No. 49/2010/QD-TTg dated July 19, 2010 of the Prime Minister;

b. The project or program must fall into one of the following cases:

- Research and application of high technology: from scientific research and technological development results; from transferred high technology; from imported high technology, aiming to absorb and master the application of high technology suitable to Vietnam's economic conditions.

- Research to replace imported high technology: researching parts or all of imported technology; decoding the technology to absorb solutions, processes, technical secrets of the technology, gradually improving the technology, increasing the localization rate of imported technologies.

- Creative research to develop new high technology that has been created for the first time in Vietnam;

c. The project or program must have novelty, capable of registering intellectual property protection; have uniqueness, contribute to enhancing Vietnam's technological level and capacity; easily transferable to industrial production;

d. The organization or individual leading the project or program must have the capability or mobilize external resources to ensure financial, management, technological, intellectual property, legal, and other important factors for the successful implementation of the project or program; have the ability to organize the implementation of the project or program's results in large-scale production; have the ability to cooperate domestically and internationally to implement the project or program;

đ. The number of directly involved staff in research and development activities must reach at least 85% of the total staff of the project or program, of which those holding bachelor's degrees or higher must account for at least 85%;

e. The project or program must comply with environmental technical standards and regulations in the field of research and development according to Vietnamese laws. It is encouraged for the project or program to meet international environmental standards such as ISO 14000 or equivalent standards.

2. For research and development projects and programs of high technology that have been or are being implemented, when submitting an application for a Certificate, they must fully meet the criteria specified in Clause 1 of this Article.

3. For research and development projects and programs of high technology that have not yet been implemented, when submitting an application for a Certificate, they must commit to meeting the criteria specified in Clause 1 of this Article within 12 months from the date of issuance of the Certificate.

Article 3. Samples of the application dossier for the issuance of the Certificate

1\. Sample of the application form for the issuance of the Certificate for high-tech research and development activities for organizations and individuals (Form B1-TCĐTĐA, Form B1-CNĐTĐA attached as an appendix).

2\. Sample of the project description for high-tech research and development activities (Form B2-TMĐTĐA attached as an appendix).

3\. Sample of the application form for confirmation of the project description for high-tech research and development activities (Form B3-XNĐTĐA attached as an appendix).

4\. Sample of the Certificate for high-tech research and development activities for organizations and individuals (Form B4-HĐĐTĐA attached as an appendix).

Article 4. Examination of the Application Dossier for Issuance of the Certificate

The examination process of the application dossier for the issuance of the Certificate; the working principles of the Council; the procedural steps of the Council; the funding for the examination work of the application dossier for the issuance of the Certificate shall be implemented according to the provisions of Articles 4, 5, 6, and 7 of Circular No. 32/2011/TT-BKHCN dated November 15, 2011, issued by the Minister of Science and Technology on determining criteria for high-tech application projects, high-tech production investment projects, and examining the application dossier for the issuance of the Certificate for high-tech application activities, new enterprises established from high-tech production investment projects, and high-tech enterprises.

Article 5. Responsibilities for Implementation

1\. Organizations and individuals who are granted the Certificate must submit reports on their activities to the High-Tech Activities Certification Office and science and technology enterprises under the Ministry of Science and Technology within twelve months from the date of issuance of the Certificate.

2\. The High-Tech Activities Certification Office and science and technology enterprises are responsible for receiving dossiers, organizing examinations; inspecting and resolving issues arising during the implementation of this Circular, and submitting matters beyond their authority to the Minister of Science and Technology.

Article 6. Implementation Provisions

1\. This Circular takes effect forty-five days from the date of issuance.

2\. During its implementation, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to promptly report them in writing to the Ministry of Science and Technology for consideration and resolution./.

 ​