Circular No. 02/2010/TT-BKHCN guiding the establishment and registration of activities of scientific and technological organizations

✦ 스마트 요약

Circular No. 02/2010/TT-BKHCN guides the conditions for establishing and registering activities of scientific and technological organizations, applicable to research and development organizations and scientific and technological service organizations. The highlight is the provision on documents, procedures, conditions for establishment and registration of activities, as well as the responsibility of the agency issuing the Certificate.

적용 범위

Organizations and individuals establishing scientific and technological organizations, including foreign-invested research and development organizations and foreign-invested scientific and technological service organizations, as well as agencies and organizations implementing registration for these organizations.

핵심 사항

Scientific and technological organizations shall be issued a Certificate when they meet all conditions stipulated in Decree No. 81/2002/NĐ-CP, including registration documents, establishment decision, organizational and operational charter.
Each scientific and technological organization must have at least five people with a bachelor's degree or higher, of which at least 20% must specialize in the field applied for registration.
Scientific and technological organizations must register their operating capital as cash or the value of other physical assets converted into cash, with a minimum amount of 200,000,000 VND.
The main office of a scientific and technological organization must have a clear address, where institutes must have a minimum area of 25 square meters.
Scientific and technological organizations shall register their activities with the Ministry of Science and Technology or the Department of Science and Technology at the location of their main office according to the prescribed classification.

🌐 이 문서의 사회적 영향

Reducing the burden on scientific and technological organizations through specific guidance on documents and procedures for establishment and registration of activities.
Strengthening state management over scientific and technological organizations through the issuance of Certificates and monitoring and inspecting their activities.
Improving the quality of activities of scientific and technological organizations through requirements regarding human resources, registered capital, and physical and technical infrastructure.

❓ 자주 묻는 질문

What conditions must scientific and technological organizations meet to be issued a Certificate?

Scientific and technological organizations must meet all conditions stipulated in Decree No. 81/2002/NĐ-CP, including registration documents, establishment decision, organizational and operational charter.

How many people with a bachelor's degree or higher must each scientific and technological organization have?

Each scientific and technological organization must have at least five people with a bachelor's degree or higher, of which at least 20% must specialize in the field applied for registration.

What amount of operating capital must scientific and technological organizations register?

Scientific and technological organizations must register their operating capital as cash or the value of other physical assets converted into cash, with a minimum amount of 200,000,000 VND.

What is the minimum area required for the main office of a scientific and technological organization?

The main office of a scientific and technological organization, if it is an institute, must have a minimum area of 25 square meters.

Where should scientific and technological organizations register their activities?

Scientific and technological organizations shall register their activities with the Ministry of Science and Technology or the Department of Science and Technology at the location of their main office according to the prescribed classification.

전문

CIRCULAR

Guidelines for the establishment and registration of scientific and technological organizations

Based on the Law on Science and Technology dated June 9, 2000;

Based on Decree No. 81/2002/NĐ-CP dated October 17, 2002 of the Government detailing the implementation of certain provisions of the Law on Science and Technology;

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

Based on Decision No. 97/2009/QĐ-TTg dated July 24, 2009 of the Prime Minister promulgating the list of fields in which individuals may establish scientific and technological organizations,

The Ministry of Science and Technology guides the conditions for establishing and procedures for registering the activities of scientific and technological organizations as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

This Circular guides the conditions for establishing and procedures for registering the activities of research institutions, research and technology development institutions, and scientific and technological service organizations (hereinafter referred to collectively as scientific and technological organizations) belonging to all economic sectors.

第二条组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

a) Organizations and individuals establishing scientific and technological organizations, including foreign-funded research and development organizations established for non-profit purposes and foreign-funded scientific and technological service organizations.

b) Organizations and individuals implementing the registration of activities for scientific and technological organizations.

Article 2. Interpretation of Terms

Strategic multi-purpose hydropower plant

1. Scientific and technological organizations established by individuals: are organizations established by one person or several persons independently.

2. Representative offices and branches of scientific and technological organizations:

a) A representative office is a dependent unit of a scientific and technological organization with the task of representing the interests of the organization according to authorization and implementing the protection of those interests.

b) A branch is a dependent unit of a scientific and technological organization with the task of performing all or part of the functions of the scientific and technological organization, including representation according to authorization. The field of activity of the branch must be consistent with the field of activity of the scientific and technological organization.

Representative offices and branches of scientific and technological organizations do not have legal personality.

3. Types of scientific and technological organizations:

a) Research institutions, research and technology development institutions include: institutes, centers, laboratories, research stations, monitoring stations, testing stations, and other types.

b) Scientific and technological service organizations include: centers, offices, and other types.

4. Fields of registered scientific and technological activities: are clearly defined areas specified in the decision on establishment or the charter of the organizational and operational activities of the scientific and technological organization, reviewed or approved by competent authorities, in accordance with the fields of science and technology stipulated by law and the functions and tasks of the organization (including: scientific research, technology development, experimental implementation, trial production; production and business of products resulting from research and development; scientific and technological services).

Chapter II

CONDITIONS FOR ESTABLISHING AND REGISTRATION DOCUMENTS FOR SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS

Article 3. Conditions for Establishment

Scientific and technological organizations will be issued a Registration Certificate for Scientific and Technological Activities (hereinafter referred to as the Registration Certificate) when they fully meet the conditions prescribed in Article 4 of Decree No. 81/2002/NĐ-CP dated October 17, 2002 of the Government detailing the implementation of certain provisions of the Law on Science and Technology (hereinafter referred to as Decree No. 81), reflected in the registration dossier and detailed in Articles 4, 5, and Article 6 of this Circular.

Article 4. Application for registration of activities, objectives, directions, establishment decision, organizational and operational charter

1. Application for registration of activities:

Scientific and technological organizations must submit an application in accordance with the form prescribed in Appendix I attached to this Circular.

2. Objectives and directions of activities:

a) The objectives and directions of scientific and technological organizations shall not violate the provisions stipulated in Article 8 of the Law on Science and Technology and other related legal documents.

b) For scientific and technological organizations under the management of competent authorities or organizations, their objectives and directions of activities must be consistent with the industry or field of operation of such managing authorities or organizations.

3. Establishment decision:

a) Scientific and technological organizations established by competent authorities or organizations must have an establishment decision in accordance with the provisions of Article 5 of Decree No. 81.

b) Scientific and technological organizations established through cooperation or association must have an establishment decision issued by one party acting on behalf of the remaining cooperating or associating parties.

c) In cases where scientific and technological organizations are established by individuals:

- Organizations established by one individual: the application for registration of activities shall replace the establishment decision.

- Organizations established by two or more individuals: the minutes of the meeting signed by the founders shall replace the establishment decision, which must include basic contents (organizational and operational charter, registered capital, leadership and management positions, and other relevant matters).

4. Organizational and operational charter:

a) The charter of scientific and technological organizations (except in the case provided for in point b, Clause 4 of this Article) must contain all basic contents as prescribed in Appendix II.a attached to this Circular.

Regulations on organization and operation issued by competent state agencies may replace the organizational and operational charter (for public scientific and technological organizations).

The organizational and operational charter of scientific and technological organizations under the management of competent authorities must be approved or issued by such authorities. The main functions and tasks stipulated in the charter must be consistent with the industry or field of operation of the managing authorities or organizations.

Any amendments or supplements to the charter shall be decided by the authority or organization that has approved or issued the charter.

The charter of scientific and technological organizations established through cooperation or association must bear the signatures of all cooperating or associating parties and be approved by one party acting on behalf of the remaining parties.

b) The draft charter of scientific and technological organizations established by individuals must be prepared according to the model prescribed in Appendix II.b attached to this Circular.

The draft charter must bear the signature of the individual or individuals establishing the organization, be reviewed by the issuing authority before issuance, and take effect from the date of issuance of the certificate.

The field of activity in the charter must be accurately recorded according to the list of fields in which individuals can establish scientific and technological organizations as prescribed by the Prime Minister.

c) The charter must clearly specify the name of the scientific and technological organization. The name must meet the following conditions:

- Name in Vietnamese: it should reflect the type of organization and its main field of activity.

Additionally, the name in Vietnamese of scientific and technological organizations may include personal names and/or the location of the main office.

- Name in foreign language: if the scientific and technological organization has a name in a foreign language, then that name must be a corresponding translation from the Vietnamese name into the foreign language.

- Abbreviation: if the scientific and technological organization has an abbreviation (including in Vietnamese and foreign languages), then the abbreviation must include the initial letters of the key words of the name (phrase).

- The name (including abbreviations) of scientific and technological organizations without a managing authority or organization shall not duplicate the names of organizations already registered at the same issuing authority.

Scientific and technological organizations must be responsible for selecting their own names (including full names in Vietnamese and foreign languages and abbreviations) and ensure that these names do not infringe upon intellectual property rights protected in Vietnam.

Article 5. Scientific and technological human resources

1. Quantity of human resources:

Each scientific and technological organization must have at least five persons with a bachelor's degree or higher, including at least 20% with expertise in one of the main fields applied for registration of activities, and at least 40% working on a full-time basis.

For scientific and technological organizations established and operating in areas with difficult socio-economic conditions or extremely difficult conditions, there must be at least four persons with a bachelor's or associate's degree or higher, including at least one person with expertise in one of the main fields applied for registration of activities and at least one person working on a full-time basis.

2. Full-time and part-time human resources:

a) Scientific and technological organizations established by state agencies with competent authority must have a list of human resources confirmed by the agency deciding to establish or directly managing the organization, compiled according to the form prescribed in Appendix III attached to this Circular.

b) Scientific and technological organizations not established by state agencies with competent authority, in addition to the list of human resources, must also include the following documents:

- For full-time human resources:

+ A full-time employment application form prepared according to the form prescribed in Appendix IV attached to this Circular.

+ Certified copies of educational certificates.

+ A curriculum vitae certified by the local government where the individual resides or by the agency or organization where the individual worked before transferring to work at the scientific and technological organization; In cases where full-time human resources are not Vietnamese citizens, a document confirming their legal status from the country of their nationality is required.

In case of necessity, the issuing authority has the right to request the presentation of original documents related to the individual's file (for example: retirement decision, transfer decision, various certificates, etc.).

- For part-time staff:

+ A part-time employment application form prepared according to the form prescribed in Appendix V attached to this Circular.

+ Certified copies of educational certificates.

+ A curriculum vitae with legal certification; In cases where part-time human resources are not Vietnamese citizens, a document confirming their legal status from the country of their nationality is required.

+ In cases where individuals are working full-time at another agency or organization: a written agreement from the head of the directly managing agency agreeing to part-time work is required.

3. Head of scientific and technological organizations:

a) The head is responsible for all activities of the organization under the law and must have a bachelor's degree or higher.

For national, ministry-level, provincial-level scientific and technological organizations or scientific and technological organizations that are institutes, the head must have a doctorate or higher.

b) The dossier of the head, in addition to the provisions stipulated in point b, Clause 2, Article 2 of this Law, must also include the following documents:

- Appointment decision by the competent agency or organization, except in cases where the organization is established by an individual.

- Scientific curriculum vitae: according to the form prescribed in Appendix VI attached to this Circular, certified by the competent agency or organization.

For scientific and technological organizations established by an individual, the scientific curriculum vitae is filled out by the individual and they bear legal responsibility for the contents thereof.

c) The head of a scientific and technological organization established by an individual must work on a full-time basis.

4. Civil servants and public officials participating in activities in non-state scientific and technological organizations must comply with the regulations of the law on civil servants, public officials, and public employees.

Article 6. Material and Technical Bases

1. Conditions for material and technical bases:

The material and technical bases of scientific and technological organizations may include: workshops, laboratories, machinery and equipment, intellectual property, other material and technical means serving operations, and capital in cash.

a) Registered capital: scientific and technological organizations must register their operational capital as cash or the monetary value of other material and technical bases.

The registered capital must be at least 200,000,000 VND.

b) Main office: it is a separate workplace for transactions and communication located within the territory of Vietnam.

The main office has an address that includes the house number, street name (alley), village, ward, town, district, city, province, central province, or centrally governed municipality; telephone number, fax number, and email address (if available).

The main office of a scientific and technological organization that is an institute must have a minimum area of 25 square meters.

2. Declaration of material and technical bases:

a) Scientific and technological organizations established by competent state agencies must submit a declaration of material and technical bases confirmed by the agency deciding on establishment or directly managing the organization, prepared according to the model specified in Appendix VII attached to this Circular.

b) Scientific and technological organizations not covered under point a of Clause 2 of this Article, in addition to the declaration of material and technical bases, must also provide the following documents:

- Commitment letters of contributions (cash, assets, etc.) from each individual or parties collaborating or associating to contribute capital.

- Documents proving ownership rights over the committed capital.

- Minutes of meetings of founders or collaborating/partnering parties agreeing on the valuation of assets, foreign currency, etc., converted into Vietnamese Dong or a legal document certifying the asset value.

- In necessary cases, the authority issuing the Certificate may require the scientific and technological organization to conduct asset valuation and obtain certification from an entity, organization, or enterprise with the required conditions for asset valuation activities.

3. Documentation for the main office:

The documentation for the main office must include one of the following documents:

a) A certified copy of the document proving ownership or usage rights to land and buildings of the scientific and technological organization at the location of the main office.

b) A certified copy of the lease or loan agreement for the location of the main office, accompanied by documents proving ownership or usage rights to land and buildings of the lessor or lender.

Chapter III

REGISTRATION OF ACTIVITIES AND DISSOLUTION OF SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS

Article 7. Classification of Registration for Scientific and Technological Activities

Scientific and technological organizations shall register their activities with the Ministry of Science and Technology or the Department of Science and Technology where the main office is located, according to the classification prescribed in Clause 2 of Article 6 of Decree No. 81, specifically as follows:

1. Scientific and technological organizations registering activities with the Ministry of Science and Technology include:

- Research and development organizations established by the Government.

- Research and development organizations established by the Prime Minister's decision or delegated to the Minister or the Chairman of the People's Committee of provinces or centrally governed municipalities to establish.

Research and development organizations falling under the above category include: research and development organizations listed in the decree stipulating the functions and tasks of ministries; research and development organizations included in the list of other public institutions of ministries decided by the Prime Minister; research and development organizations established by the Minister or the Chairman of the People's Committee of provinces or centrally governed municipalities pursuant to the delegation of the Prime Minister.

- Research and development organizations established by the National Assembly, the Supreme People's Court, or the Supreme People's Procuracy.

- Research and development organizations established by central-level political organizations or political-social organizations.

- Scientific and technological organizations with foreign capital.

2. Scientific and technological organizations not covered under Clause 1 of this Article shall register their activities with the Department of Science and Technology where the organization's main office is located.

Article 8. Initial registration, change registration, supplementary registration, and reissuance of the Certificate

1. Registration procedures:

a) Scientific and technological organizations submit the registration application to the issuing authority according to the classification specified in Article 7 of this Circular; pay fees and charges as prescribed in Circular No. 187/2009/TT-BTC dated September 29, 2009, issued by the Ministry of Finance, which stipulates the levels of collection, payment, and management of fees for reviewing conditions for scientific and technological activities and charges for issuing certificates of registration for scientific and technological activities.

b) During the review process of the registration application, if deemed necessary, the issuing authority has the right to:

- Seek opinions from experts to examine the application, assess the capacity of the registering organization, and convene meetings to unify the contents recorded on the Certificate.

- Directly communicate with representatives of the registering scientific and technological organizations to clarify matters such as name, charter, field of activity, and other relevant issues in their registration applications.

- Seek written opinions from related agencies and organizations regarding fields of activity where the State has specific regulations.

- Inspect the actual material and technical facilities of the registering scientific and technological organizations.

c) Within fifteen working days from the date of receiving a valid application, the competent authority shall be responsible for reviewing the application and issuing the Certificate to the scientific and technological organization. In case of disagreement, a written response must be provided along with the reasons.

The Certificate is issued according to the model prescribed in Appendix IX and Appendix X attached to this Circular.

The Certificate issued to scientific and technological organizations established by individuals must accurately record the field of activity in accordance with the list of fields individuals are allowed to establish scientific and technological organizations as prescribed by the Prime Minister.

2. Initial registration:

Scientific and technological organizations submit the registration application to the issuing authority as prescribed in Chapter II of this Circular, including: application form for registration, decision on establishment, organizational and operational charter (or draft charter for organizations established by individuals), human resources file and head of organization, headquarters and material-technical facilities file.

3. Change registration, supplementary registration, and reissuance of the Certificate:

a) In cases of changing or supplementing one or more items recorded on the Certificate (except for cases prescribed in point b, Clause 3 of this Article), the application includes:

- A letter from the head of the organization clearly stating the proposed changes or supplements.

- Relevant documents corresponding to the changes or supplements, specifically as follows:

+ Decision of the competent authority, partner, or authorized party, or minutes of the founders regarding the change or supplementation of the organization's field of activity.

+ Decision of the competent authority, partner, or authorized party, or minutes of the founders regarding the change of the organization's name.

+ Copy of the decision to change the name of the establishment authority, direct management authority, or change of the establishment authority, direct management authority of the scientific and technological organization (legally certified).

+ File of the head of the organization (as prescribed in Article 5 of this Circular).

+ File on registered capital (as prescribed in Article 6 of this Circular).

+ Headquarters file (as prescribed in Article 6 of this Circular).

- Report on the operation status of the organization according to the model prescribed in Appendix XII attached to this Circular up to the time of applying for changes or supplements.

- Original Certificate already issued.

When applying for changes or supplements to any item recorded on the Certificate, the scientific and technological organization must still meet the minimum requirements as prescribed in Articles 4, 5, and Article 6 of this Circular.

b) In cases where the scientific and technological organization changes its establishment authority or headquarters (moving to another province/city directly under the Central Government where it has not registered for activities), leading to a change in the issuing authority, it must send a letter to the issuing authority requesting the change, accompanied by a report on the operation status and returning the original Certificate. Within fifteen working days, the issuing authority will issue a confirmation letter that the scientific and technological organization has completed the procedures.

The scientific and technological organization submits the application to the new issuing authority. The application includes:

- A letter from the head of the organization requesting the corresponding change.

- Application for registration as prescribed in Articles 4, 5, and Article 6 of this Circular for initial registration.

- Copy of the previously issued Certificate (legally certified).

- Confirmation letter from the previous issuing authority.

Information about the old Certificate (number, date, and issuing authority) is recorded on the new Certificate to ensure the continuity of the organization's operations.

c) Reissuance of the Certificate:

- In cases where the Certificate is lost, the scientific and technological organization must apply for reissue after reporting to the police at the place of loss and making at least three public announcements through mass media.

Not later than thirty days from the date of the last announcement, the scientific and technological organization submits the application for reissuance of the Certificate. The application includes:

+ A letter from the head of the organization requesting reissuance of the Certificate.

+ Confirmation from the police.

+ Receipt from the newspaper, radio station, or publication that made the announcement.

- In cases where the Certificate is torn, damaged, or has expired, the scientific and technological organization may apply for reissuance, the application includes:

+ A letter from the head of the organization requesting reissuance of the Certificate.

+ Original Certificate.

Article 9. Revocation and cancellation of the Certificate

1. The Certificate shall be revoked or cancelled in any of the following cases:

a) A scientific and technological organization does not operate within twelve months from the date of issuance of the Certificate.

b) A scientific and technological organization ceases operations for more than twelve consecutive months without justifiable reasons, including cases where the organization fails to report its operational status to the issuing authority twice within five consecutive years.

c) A scientific and technological organization is found to have falsified information in its registration dossier; during operation, the organization no longer meets the minimum number of personnel and registered capital as stipulated in Articles 5 and 6 of this Circular for a continuous period of twelve months.

d) A scientific and technological organization does not proceed with the re-registration procedures within the time limit notified by the issuing authority.

e) In accordance with decisions or recommendations of competent authorities when the scientific and technological organization violates regulations during its activities.

2. The issuing authority shall issue a decision to revoke the Certificate for a scientific and technological organization that violates the provisions set forth in Clause 1 of this Article.

Where it is impossible to contact the scientific and technological organization, the issuing authority shall send a document to the local government at the location of the organization's main office requesting information about the organization. If there is no feedback from the local government within two months, the issuing authority shall issue a decision to cancel the Certificate.

3. The issuing authority shall notify in writing the public security agency, local government, tax authority, post the information on its electronic website, and publish in three consecutive issues of a central or local daily newspaper regarding the revocation or cancellation of the Certificate.

Article 10. Dissolution of Scientific and Technological Organizations

1. Scientific and technological organizations shall be dissolved in the following cases:

a) By the decision to dissolve issued by the establishment authority or organization (for scientific and technological organizations with a managing authority or organization).

b) By the decision of the head or founding members (for scientific and technological organizations established by individuals).

c) By the decision of the associated or cooperating parties (for scientific and technological organizations established through cooperation or association).

d) When the Certificate is revoked or canceled.

2. Scientific and technological organizations must have a dissolution decision from a competent authority, specifying the reasons for dissolution and measures to ensure the rights of related parties.

3. Upon dissolution, scientific and technological organizations must carry out the following tasks:

a) Within seven working days from the date of the dissolution decision, the organization must submit the decision to the issuing authority, persons with rights, obligations, and interests related, and employees of the organization; simultaneously, it must publicly post the notice of dissolution at the main office and publish in three consecutive issues of a local or central daily newspaper.

b) At the latest sixty days from the date of the dissolution decision, the organization must:

- Complete the termination of labor contracts and employment agreements with employees.

- Complete the settlement of concluded contracts.

- Complete financial obligations; pay off debts (if any).

c) For scientific and technological organizations established by individuals or through cooperation or association, in addition to complying with the provisions of points a and b of Clause 3 of this Article, they must also follow the organizational and operational charter during the dissolution process.

d) Within seven working days from the completion of the dissolution procedures, the organization must report in writing to the issuing authority on the completion of the above tasks; return the Certificate to the issuing authority (except if the Certificate has been revoked or canceled) and return the seal to the police station where it was engraved.

Chapter IV

REPRESENTATIVE OFFICE, BRANCH OF THE SCIENTIFIC AND TECHNOLOGICAL ORGANIZATION

Article 11. Conditions for establishment and registration of activities of representative offices and branches of scientific and technological organizations

1. Conditions for establishing representative offices and branches:

a) The name of the representative office or branch must include the name of the scientific and technological organization followed by the phrase "representative office" or "branch" preceding the name of the organization, including the name in foreign languages and abbreviations.

b) The content of activities of the representative office and the field of activities of the branch must be consistent with the content and field of activities of the scientific and technological organization.

c) A representative office must have at least two persons with a bachelor's degree or higher; A branch must have at least three persons with a bachelor's degree or higher, including at least one person with expertise in the main field applied for registration. The head must have a bachelor's degree or higher and work full-time at the representative office or branch.

d) The representative office and branch must have a headquarters as required for scientific and technological organizations under Article 6 of this Circular.

2. Initial registration, change registration, supplementary registration, re-registration, or termination of activities of representative offices and branches:

a) Initial registration:

In cases of refusal, the State Bank will issue a document refusing approval to use foreign currency within the territory and clearly state the reasons.

- Application for registration of activities: prepared according to the form prescribed in Appendix VIII attached to this Circular.

- Decision on establishment of the representative office or branch.

- Documentation regarding the head of the representative office or branch: in accordance with the regulations on the head of scientific and technological organizations under Article 5 of this Circular.

- Documentation regarding human resources and the main headquarters of the representative office or branch: in accordance with the regulations on documentation of human resources and main headquarters of scientific and technological organizations under Articles 5 and 6 of this Circular.

- Certified copy (legally certified) of the Certificate of the managing scientific and technological organization.

Within fifteen working days from the date of receiving complete and valid documents, the Department of Science and Technology shall issue a Certificate of Operation for the representative office or branch according to the form prescribed in Appendix XI attached to this Circular. In case of disagreement, a written response must be provided with reasons stated.

Within fifteen working days from the date of issuance of the Certificate of Operation for the representative office or branch, the scientific and technological organization must send a certified copy of the Certificate of Operation for the representative office or branch to the authority that issued the Certificate of Operation for the scientific and technological organization to supplement the file.

b) Change registration, supplementary registration:

In case of changing or supplementing one or more items recorded in the Certificate of Operation or if the Certificate of Operation is lost, torn, damaged, or has expired, the representative office or branch must apply for change, supplementary registration, or reissue at the Department of Science and Technology where the representative office or branch is located, in accordance with the regulations for scientific and technological organizations under Article 8 of this Circular.

When registering changes or supplements to any item recorded on the Certificate of Operation, the representative office or branch must still meet the minimum conditions stipulated in Article 11 of this Circular.

c) Termination of activities of representative offices and branches:

- Within fifteen working days from the date of decision to terminate the activities of the representative office or branch, the scientific and technological organization must submit documents to the Department of Science and Technology that issued the Certificate of Operation for the representative office or branch. The documents include:

+ A notification from the scientific and technological organization regarding the termination of activities of the representative office or branch.

+ Certified copy (legally certified) of the decision to terminate the activities of the representative office or branch.

+ Original Certificate of Operation of the representative office or branch.

- Within seven working days from the date of receiving complete documents, the Department of Science and Technology will send a letter to the scientific and technological organization confirming receipt of the Certificate of Operation and notify relevant authorities about the termination of activities of the representative office or branch.

d) In case the Certificate of the scientific and technological organization is revoked or its validity is canceled, the issuing authority of the Certificate is responsible for sending a letter requesting the authority issuing the Certificate of Operation for the representative office or branch to revoke or cancel the validity of the Certificate of Operation already issued.

3. Representative offices and branches of scientific and technological organizations must register their activities with the Department of Science and Technology where the representative office or branch is located; pay fees and charges as prescribed by laws on fees and charges.

Article 12. Revocation and cancellation of the Certificate of Operation for representative offices and branches

1. The Certificate of Operation for representative offices and branches shall be revoked and cancelled in the following cases:

a) The representative office or branch does not operate within twelve months from the date of issuance of the Certificate of Operation.

b) The representative office or branch ceases operations for more than twelve consecutive months without a legitimate reason.

c) Information declared in the registration dossier for the representative office or branch is found to be fraudulent; during the operation period, the representative office or branch does not maintain the minimum number of staff as stipulated in Article 11 of this Circular for twelve consecutive months.

d) Based on decisions or recommendations of competent authorities when the representative office or branch violates laws during its operation.

đ) The Certificate of the managing scientific and technological organization is revoked or cancelled.

2. The Department of Science and Technology shall issue a decision to revoke and cancel the Certificate of Operation issued to the representative office or branch in the cases specified in Clause 1 of this Article and notify relevant agencies.

Chapter V

RESPONSIBILITIES OF THE AGENCY ISSUING THE REGISTRATION CERTIFICATE FOR SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES, THE MANAGING AGENCY, AND THE SCIENTIFIC AND TECHNOLOGICAL ORGANIZATION

Article 13. Responsibilities of the agency issuing the Certificate

1. Responsibilities of the Ministry of Science and Technology:

a) Organize the issuance of Certificates for scientific and technological organizations within its authority.

b) Guide the business procedures for issuing Certificates to Departments of Science and Technology.

c) Monitor and inspect the activities of scientific and technological organizations according to the contents recorded in the Certificates issued by the Ministry, handle and recommend competent authorities to address violations as prescribed by law.

d) Organize the publication on the Ministry of Science and Technology's electronic information website of the list of scientific and technological organizations with valid Certificates, remove the names of organizations whose Certificates have been revoked or cancelled.

2. Responsibilities of the Department of Science and Technology:

a) Issue Certificates for scientific and technological organizations and Certificates of Operation for representative offices and branches within its authority.

b) Monitor and inspect the activities of scientific and technological organizations and representative offices and branches according to the contents recorded in the Certificates or Certificates of Operation issued by the Department of Science and Technology, handle and recommend competent authorities to address violations as prescribed by law.

c) Report to the Ministry of Science and Technology on the results of issuing Certificates for scientific and technological organizations and Certificates of Operation for representative offices and branches periodically (in November each year) or report promptly upon request.

d) Organize the publication on the Department of Science and Technology's electronic information website the following lists:

- List of scientific and technological organizations with valid Certificates, removing the names of organizations whose Certificates have been revoked or cancelled.

- List of representative offices and branches with valid Certificates of Operation, removing the names of offices and branches whose Certificates of Operation have been revoked or cancelled.

Article 14. Responsibilities of the managing agencies and scientific and technological organizations

1. Responsibilities of the managing agency of scientific and technological organizations:

a) Issuing or approving the charter of the organization's operation and activities according to the provisions of this Circular.

b) Managing the scientific and technological organization within its authority.

c) Cooperating with competent authorities to handle and dissolve scientific and technological organizations when there are violations in their operations as prescribed by law.

2. Responsibilities of scientific and technological organizations:

a) Shall be responsible under the law for all contents declared in the registration dossier.

b) Announcing the establishment and registering the operation on central or local newspapers where the main office is located for at least three consecutive issues; submitting the receipt of such announcement to the issuing authority within fifteen working days from the date of issuance of the Certificate.

c) Hanging the signboard of the scientific and technological organization (or representative office, branch) at the main office (or representative office, branch office) not later than fifteen days from the date of issuance of the Certificate (or Certificate of operation). The signboard must have a minimum size of 30cm x 50cm.

d) Implementing the annual reporting system on operational status or submitting ad hoc reports upon request from the issuing authority; In case the scientific and technological organization has a representative office or branch, it must simultaneously submit the report to the Department of Science and Technology that issued the Certificate of operation for the representative office or branch. The report format is specified in Appendix XII attached to this Circular.

e) Operating within the scope of scientific and technological fields as stipulated in the Certificate already issued; Registering changes, supplements, or reissuance of the Certificate according to regulations.

f) For activities in industries, trades, or fields subject to conditions, prior written permission from the competent state management agencies for those industries, trades, or fields must be obtained before proceeding.

g) For certain types of scientific and technological organizations operating in fields where establishment conditions are defined in documents issued by higher-level authorities (National Assembly, Government, Prime Minister), the provisions of these documents shall apply.

Chapter VI

IMPLEMENTATION

Article 15. Responsibility for Implementation

1. The issuing authority reviews the Certificates already issued. If the content of the Certificate does not comply with the provisions of this Circular, the issuing authority shall notify the scientific and technological organization in writing to proceed with the registration procedures again or to change and supplement the registration.

If the scientific and technological organization fails to complete the registration procedures as prescribed in this Circular within the time limit stated in the notification, the issuing authority shall proceed to revoke the Certificate's validity according to regulations.

2. For Certificates issued by the Ministry of Science and Technology or the Department of Science and Technology with a specified term, they remain valid until the end of the term indicated in the Certificate, and upon expiration, the scientific and technological organization shall submit a dossier to request reissuance of the Certificate according to point c, Clause 3, Article 8 of this Circular.

3. During the process of receiving and examining registration dossiers, if it is deemed necessary to seek the opinion of central agencies, the Department of Science and Technology shall report to the Ministry of Science and Technology for consideration and resolution.

Article 16. Effective Date

This Circular takes effect forty-five days from the date of issuance, replacing Circular No. 10/2005/TT-BKHCN dated August 24, 2005, of the Ministry of Science and Technology guiding the conditions for establishment and registration of scientific and technological organizations.

During implementation, any difficulties should be promptly reflected in writing to the Ministry of Science and Technology for consideration and resolution./.

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