Circular No. 01/2023/TT-BKHCN Issuing economic and technical norms for public services funded by the state budget regarding the examination and issuance of certificates for high-tech application activities, newly established high-tech enterprises from investment projects to produce high-tech products, high-tech enterprises, high-tech research and development activities, high-tech incubation bases, and high-tech enterprise incubation.

CIRCULAR

Issuing economic-technical norms for public service activities funded by state budget regarding the examination and issuance of certificates for high-tech application operations

new enterprises established from investment projects to produce high-tech products, high-tech enterprises, research and development of high technology, high-tech incubation bases, and high-tech enterprise incubation

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

Pursuant to Decree No. 60/2021/NĐ-CP dated June 21, 2021 of the Government stipulating the self-management mechanism of public institutions;

Implementing Decision No. 2099/QĐ-TTg dated December 27, 2017 of the Prime Minister promulgating the list of public services funded by the state budget under the management of the Ministry of Science and Technology;

At the proposal of the Director of the Office of Registration of Scientific and Technological Activities and the Head of the Legal Department;

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The Minister of Science and Technology issues this Circular on issuing economic-technical norms for public service activities funded by the state budget regarding the examination and issuance of certificates for high-tech application operations, new enterprises established from investment projects to produce high-tech products, high-tech enterprises, research and development of high technology, high-tech incubation bases, and high-tech enterprise incubation.

Pursuant to Decree No. 95/2017/NĐ-CP dated August 16, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Article 1. This Circular sets forth economic-technical norms for five (5) public service activities funded by the state budget as follows:

a) Examination and issuance of certificates for high-tech application operations;

b) Examination and issuance of certificates for new enterprises established from investment projects to produce high-tech products;

c) Examination and issuance of certificates for high-tech enterprises;  

Article 1. Scope of Regulation

d) Examination and issuance of certificates for high-tech research and development operations;

e) Examination and issuance of certificates for high-tech incubation bases and high-tech enterprise incubation.

Article 2. The economic-technical norms set forth in the Appendix attached hereto shall be applied uniformly to the five (5) public service activities funded by the state budget as specified in Clause 1 of this Article.

Article 1. Organizations, individuals using the state budget to implement the public service activities as prescribed in Article 1 of this Circular.

Article 2. Organizations, individuals involved in the management and use of the state budget to implement the public service activities as prescribed in Article 1 of this Circular.

Public service activities funded by the state budget

concerning the examination and issuance of certificates for high-tech application operations, new enterprises established from investment projects to produce high-tech products, high-tech enterprises, research and development of high technology, high-tech incubation bases, and high-tech enterprise incubation (hereinafter referred to collectively as the examination and issuance of certificates for high-tech operations) are public services in the field of science and technology, carried out by public institutions, with all costs guaranteed by the State.

Article 2. Applicability

Economic-technical norms for public service activities

funded by the state budget concerning the examination and issuance of certificates for high-tech operations (hereinafter referred to collectively as economic-technical norms) are the necessary consumption levels of labor, machinery, equipment, materials under specific conditions, according to the corresponding service implementation procedures to complete one unit of product (or a certain amount of work) meeting the criteria and standards issued by the competent authority.

Article 3. Explanation of Terms

1. Examination and issuance of certificates for high-tech application operations for organizations and individuals is the process of receiving and examining applications for certificates for high-tech application operations from organizations and individuals, and monitoring and inspecting compliance with the conditions stipulated in the issued certificates.

2. Examination and issuance of certificates for new enterprises established from investment projects to produce high-tech products is the process of receiving and examining applications for certificates for new enterprises established from investment projects to produce high-tech products, and monitoring and inspecting compliance with the conditions stipulated in the issued certificates.

3. Examination and issuance of certificates for high-tech enterprises is the process of receiving and examining applications for certificates for high-tech enterprises, and monitoring and inspecting compliance with the conditions stipulated in the issued certificates.

4. Examination and issuance of certificates for high-tech research and development operations is the process of receiving and examining applications for certificates for high-tech research and development operations, and monitoring and inspecting compliance with the conditions stipulated in the issued certificates.

5. Examination and issuance of certificates for high-tech incubation bases and high-tech enterprise incubation is the process of receiving and examining applications for certificates for high-tech incubation bases and high-tech enterprise incubation, and monitoring and inspecting compliance with the conditions stipulated in the issued certificates.

6. Article 1. Establish component norms within the economic-technical norms applicable to the following legal documents: is the process of receiving, examining the application dossier for issuing a Certificate of High-Tech Research and Development Activities, and monitoring and inspecting compliance with the conditions stipulated in the issued Certificate.

7. Examination for Issuing a Certificate for High-Tech Incubation Facilities and High-Tech Enterprise Incubation is the process of receiving, examining the application dossier for issuing a Certificate for High-Tech Incubation Facilities and High-Tech Enterprise Incubation, and monitoring and inspecting compliance with the conditions stipulated in the issued Certificate.

Article 4. Methods and Basis for Establishing Economic and Technical Norms

1. Establish component norms within economic-technical standards as prescribed in the following regulatory legal documents:

a) The High Technology Law on November 13, 2008; Decision No. 55/2010/QD-TTg dated September 10, 2010 of the Prime Minister stipulating the authority, procedures, and formalities for certifying organizations and individuals engaged in applying high technology, certifying organizations and individuals researching and developing high technology, and high technology enterprises; Circular No. 32/2011/TT-BKHCN dated November 15, 2011 of the Minister of Science and Technology regarding the criteria for high technology application projects, high technology production investment projects, and the review of applications for certificates to engage in high technology application activities, newly established enterprises from high technology production investment projects, and high technology enterprises; Circular No. 04/2020/TT-BKHCN dated September 28, 2020 of the Minister of Science and Technology amending and supplementing certain provisions of Circular No. 32/2011/TT-BKHCN dated November 15, 2011 of the Minister of Science and Technology regarding the criteria for high technology application projects, high technology production investment projects, and the review of applications for certificates to engage in high technology application activities, newly established enterprises from high technology production investment projects, and high technology enterprises;

b) Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government stipulating the salary system for cadres, civil servants, public officials, and armed forces personnel, and Decree No. 117/2016/NĐ-CP dated July 21, 2016 of the Government amending and supplementing certain provisions of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government regarding the salary system for cadres, civil servants, public officials, and armed forces personnel;

c) Decree No. 38/2019/NĐ-CP dated May 9, 2019 of the Government stipulating the basic salary for cadres, civil servants, public officials, and armed forces personnel;

d) Decision No. 50/2017/QĐ-TTg dated December 31, 2017 of the Prime Minister stipulating standards and quotas for machinery and equipment;

đ) Circular No. 45/2018/TT-BTC dated May 7, 2018 of the Minister of Finance guiding the management system, depreciation, and amortization of fixed assets at agencies, organizations, units, and fixed assets entrusted by the State to enterprises without being considered part of the State capital component in enterprises;

e) Joint Circular No. 24/2014/TTLT-BKHCN-BNV dated October 1, 2014 of the Minister of Science and Technology and the Minister of Home Affairs stipulating job code and qualification standards for science and technology specialized public officials; Circular No. 01/2020/TT-BKHCN dated January 20, 2020 of the Minister of Science and Technology amending and supplementing certain provisions of Joint Circular No. 24/2014/TTLT-BKHCN-BNV;

g) Circular No. 03/2023/TT-BTC dated January 10, 2023 of the Minister of Finance stipulating the preparation of budgets, management, and settlement of state budget funds for scientific and technological tasks;

h) Circular No. 107/2017/TT-BTC dated October 10, 2017 of the Minister of Finance providing guidance on accounting systems for administrative and public service entities;

2. Establishing Economic and Technical Norms not specifically regulated

For economic and technical norms that have not been specifically regulated by legal documents, the method of construction shall be implemented according to the provisions of Article 10 of Circular No. 21/2019/TT-BKHCN dated December 18, 2019 of the Minister of Science and Technology stipulating the procedure for establishing economic and technical norms for public services using state budget funds under the management of the Ministry of Science and Technology (hereinafter referred to as Circular No. 21/2019/TT-BKHCN);

3. Basis for Establishing Economic and Technical Norms

The economic and technical norms prescribed in this Circular are based on the "Procedure for Granting Certificates for High Technology Application Activities, Newly Established Enterprises from High Technology Production Investment Projects, High Technology Enterprises, Research and Development of High Technology, High Technology Incubation Bases, and High Technology Enterprise Incubation" which has been approved;

Article 5. Content of economic and technical norms

1. The content of economic and technical norms shall be implemented according to the provisions of Article 14 of Circular No. 21/2019/TT-BKHCN, including the following component norms:

a) Labor norms include direct labor time (implementation) and indirect labor time (management, service), wherein:

Labor norm = Direct labor norm (implementation) + Indirect labor norm (management, service)

- Direct labor norm is the time required to complete a public service about granting certificates for high technology application activities meeting the criteria and standards as prescribed.

- Indirect labor norm (management, service) for a public service about granting certificates for high technology application activities is calculated at 15% of the direct labor norm.

The labor time consumption rate in the norm is calculated in workdays (one workday equals eight hours).

b) Machinery and equipment norms are the necessary usage time for each type of machinery and equipment to complete a public service about granting certificates for high technology application activities meeting the criteria and standards as prescribed.

The machinery and equipment consumption rate in the norm is calculated in shifts (one shift equals eight hours).

c) Material norms are the consumption rates of each type of raw materials, fuels, and quantities of materials needed to complete a public service about granting certificates for high technology application activities meeting the criteria and standards as prescribed.

2. Total norms and application of economic and technical norms

a) Economic and technical norms for public services using state budget funds about granting certificates for high technology application activities are the maximum levels of costs and consumption of labor, machinery and equipment, and materials to complete a public service meeting the criteria and standards as prescribed.

b) Economic and technical norms for public services using state budget funds about granting certificates for high technology application activities serve to build budgets and unit prices for the public services mentioned in Article 1 of this Circular.

Article 6. Implementation Organization

1. The Director of the Office of Scientific and Technological Activity Registration is responsible for organizing the guidance, dissemination, and implementation of this Circular.

2. In cases where the cited documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the newly issued document.

Article 7. Implementation Provisions

1. This Circular takes effect from June 15, 2023.

2. Ministries, ministerial-level agencies, government agencies, provincial People's Committees under the Central Government, and related organizations and individuals are responsible for implementing this Circular.

3. During the implementation process, if any difficulties arise, organizations and individuals shall report them in writing to the Ministry of Science and Technology for guidance or for research on amendments or supplements to ensure compliance./.