Circular No. 03/2014/TT-BKHCN guiding the conditions for establishing and registering the operation of scientific and technological organizations, representative offices, and branches of foreign scientific and technological organizations

CIRCULAR

H||| guiding the conditions for establishing and registering the operation of scientific and technological organizations

||| scientific and technological organizations, representative offices, branches

||| of scientific and technological organizations

___________________

 

Pursuant to Decree No. 20/2013/NĐ-CP dated February 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 08/2014/NĐ-CP dated January 27, 2014 of the Government detailing and guiding the implementation of certain provisions of the Law on Science and Technology;

At the proposal of the Director of the Office of Registration of Scientific and Technological Activities,

The Minister of Science and Technology issues this Circular guiding the conditions for establishing and registering the operation of scientific and technological organizations, representative offices, and branches of scientific and technological organizations.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

This Circular guides the implementation of certain provisions of Decree No. 08/2014/NĐ-CP dated January 27, 2014 of the Government detailing and guiding the implementation of certain provisions of the Law on Science and Technology (hereinafter referred to as Decree No. 08/2014/NĐ-CP) regarding the conditions for establishment and registration of activities of scientific and technological organizations; the documents and procedures for establishing and registering the operation of representative offices and branches of scientific and technological organizations; reports on the operational status of scientific and technological organizations, representative offices, and branches of scientific and technological organizations.

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) Authorities, organizations, individuals establishing scientific and technological organizations in Vietnam;

b) Publicly-owned, privately-owned, foreign-invested scientific and technological organizations, and foreign scientific and technological organizations establishing representative offices and branches in Vietnam;

c) Publicly-owned, privately-owned, foreign-invested scientific and technological organizations establishing affiliated scientific and technological organizations, representative offices, and branches abroad;

d) Authorities, organizations, and individuals related to the registration of operations for scientific and technological organizations, representative offices, and branches of scientific and technological organizations.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. A scientific and technological organization established by an individual: is a scientific and technological organization established by one person or several persons independently.

2. Field of scientific and technological activity registration: is the field specifically defined in the decision on establishment or the charter of the scientific and technological organization approved by the competent authority, consistent with the fields of science and technology stipulated by law and the functions and tasks of the organization.

3. Industries, trades, fields of activity with conditional requirements: are industries, trades, fields where the conditions for operation are prescribed in Laws of the National Assembly, Ordinances of the Standing Committee of the National Assembly, and Decrees of the Government.

4. Some key indicators is the amount of capital necessary as stipulated in the charter that the organization or individual establishing a scientific and technological organization invests or commits to invest within a specific period (in cash and assets) to ensure the ability to meet the requirements for implementing the objectives, directions, charter, and field of activity.

5. Material and technical facilities: are assets (including: headquarters, workshops, laboratories, machinery, equipment, other assets...) and money that the organization legally owns or has the right to use to ensure the requirements for implementing the objectives, directions, charter, and field of activity of the organization.

Article 3. Language Used and Method of Submitting Applications

1. Applications and official documents sent to Vietnamese state agencies shall be drafted in Vietnamese. If in a foreign language, they must be translated into Vietnamese.

Documents and materials issued or certified by competent authorities from foreign countries included in the application must be translated into Vietnamese and legalized by consular authentication.

Article 4. Provisions on Reviewing Applications

1. During the review process, if deemed necessary, the agency issuing certificates or permits has the right to:

a) Request organizations or individuals to provide explanations to clarify contents related to the application;

b) Send letters requesting opinions from relevant agencies or organizations concerning industries, professions, or fields of activity regulated by laws with specific conditions;

c) Seek expert opinions or establish advisory boards to examine and evaluate applications of organizations or individuals.

The composition of the advisory board includes scientists, managers, and legal experts with expertise and credibility in relevant fields.

Article 5. Registration of Scientific and Technological Organizations and Representative Offices, Branches in Vietnam

3. When registering scientific and technological activities or applying for establishment licenses, scientific and technological organizations, representative offices, and branches must pay fees and charges as prescribed by the Ministry of Finance.

4. Types of Certificates and Licenses:

c) Certificate issued by the Provincial Department of Science and Technology to scientific and technological organizations according to Model 3 attached to this Circular;

d) Certificate of Operation for Representative Offices and Branches (hereinafter referred to as the Certificate of Operation) issued by the Provincial Department of Science and Technology to representative offices and branches of public, non-public, and foreign-invested scientific and technological organizations according to Model 4 attached to this Circular.

Chapter II

PUBLIC SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS,

NON-PUBLIC AND FOREIGN-INVESTED

For public scientific and technological organizations falling under the scope of Decree No. 55/2012/ND-CP dated June 28, 2012 of the Government on the establishment, restructuring, and dissolution of public service units (hereinafter referred to as Decree No. 55/2012/ND-CP), the conditions, procedures, and formalities for establishment shall be implemented in accordance with the provisions of Decree No. 55/2012/ND-CP and Decree No. 08/2014/ND-CP.

For scientific and technological organizations not falling under the scope of Decree No. 55/2012/ND-CP, the conditions, procedures, and formalities for establishment shall be implemented in accordance with the provisions of Decree No. 08/2014/ND-CP.

The conditions for establishment and registration of scientific and technological activities of scientific and technological organizations specified in Articles 4 and 9 of Decree No. 08/2014/ND-CP are detailed as follows:

1. Application for Registration of Scientific and Technological Activities:

The application for registration of the scientific and technological organization according to Model 5 attached hereto.

2. Decision on Establishment:

The scientific and technological organization submits a certified copy of the decision on establishment issued by the competent authority in accordance with Article 12 of the Law on Science and Technology (except in cases where the organization is established by individuals).

The competent authority issuing the decision on establishment of a public scientific and technological organization does so after obtaining the review opinion of the establishment review agency in accordance with Decree No. 55/2012/ND-CP and Decree No. 08/2014/ND-CP.

b) In the case where a scientific and technological organization is established in the form of a capital contribution cooperation between agencies, organizations, and individuals:

There must be a decision on establishment issued by one party acting on behalf of the remaining capital contribution cooperation parties.

c) In the case where a scientific and technological organization is established by an individual:

There must be a meeting record signed by the founders, in which the main contents related to the charter of organization and operation, leadership positions, management functions, and other relevant matters are agreed upon.

Agencies, organizations, or individuals establishing a scientific and technological organization with foreign capital must obtain permission from the Minister of Science and Technology to establish the organization and approve the Charter.

The application package for permission to establish a scientific and technological organization with foreign capital includes the documents stipulated in Article 7 of Decree No. 08/2014/ND-CP. The application for permission to establish the organization according to Model 6 attached hereto.

3. Charter of Organization and Operation:

a) The charter of the scientific and technological organization must meet the conditions prescribed in Article 4 of Decree No. 08/2014/ND-CP.

The charter of the scientific and technological organization is approved by the establishment agency or organization. The main functions and tasks defined in the charter must be consistent with the industry or field of activity of the managing agency or organization. Amendments and supplements to the charter are decided by the approving agency or organization or are provided for in the charter.

For public scientific and technological organizations, the organizational and operational regulations issued by the competent state authority may replace the charter of the organization.

The charter of a scientific and technological organization established in the form of a capital contribution cooperation must bear the signatures of all contributing parties and be approved by one party which is an agency or organization authorized by the remaining contributing parties.

For scientific and technological organizations with foreign capital, the content and scope of activities must comply with the requirements stipulated in Clause 3, Article 11 of the Law on Science and Technology.

b) The charter of a scientific and technological organization established by an individual shall follow Model 7 attached as an appendix to this Circular.

The charter must bear the signature of the individual or individuals establishing the organization, be reviewed by the authority issuing the certificate before issuance, and become effective from the date of issuance of the Certificate. The scope of activities of a scientific and technological organization established by an individual shall comply with the provisions set forth in

c) For higher education institutions, the charter shall be implemented in accordance with the provisions of

d) The name of the organization must meet the conditions prescribed in Article 4 of Decree No. 08/2014/NĐ-CP and is specifically guided as follows:

Full name in Vietnamese: including the organizational form (institute, center...) and the specific name of the organization; the part of the specific name must be consistent with the main field of scientific and technological activities registered by the organization.

International trading name: the name of the scientific and technological organization in a foreign language translated from the corresponding Vietnamese name; the specific name may remain unchanged or be translated according to its meaning into a foreign language.

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

The scientific and technological organization must be responsible for choosing its own name, including the full name in Vietnamese, international trading name, and abbreviation.

đ) Registered capital:

For public scientific and technological organizations, the registered capital is determined by the competent state agency when establishing the organization.

For non-public scientific and technological organizations and those with foreign capital, the registered capital is decided by the organization or individuals establishing it. Among them, the monetary capital at the time of registration must ensure sufficient operating expenses (including salaries, wages, and operational costs...) of the organization for at least one year.

For scientific and technological organizations with foreign capital, the proportion of foreign capital contribution must account for at least 10% of the registered capital of the organization.

e) The person representing the organization under the law is the head of the scientific and technological organization as stipulated in the charter or decided by the competent state agency.

4. Scientific and technological human resources:

a) Conditions regarding human resources

The scientific and technological human resources of scientific and technological organizations must meet the conditions stipulated in Article 4 of Decree No. 08/2014/NĐ-CP.

A scientific and technological organization organized in the form of an institute must have at least one person with a doctoral degree suitable for the main field of activity applied for and working on a regular basis.

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

b) List of human resources of public scientific and technological organizations and higher education institutions according to Model 8 attached as an appendix to this Circular.

For organizations that are higher education institutions, the list only reports human resources involved in research and development activities in the registered fields of scientific and technological activities.

c) For non-public scientific and technological organizations and those with foreign capital, in addition to the List of Human Resources according to Model 8 attached as an appendix to this Circular, the following additional documents are required:

- For regular staff: 

+ Application for regular employment according to Model 9 attached as an appendix to this Circular; 

+ Certified copies of educational certificates; 

+ Curriculum vitae confirmed within no more than one year by local authorities where the person resides or by the agency or organization where they worked previously; in case the regular staff is not a Vietnamese citizen, they must provide a criminal record issued by the competent authority of their home country confirmed within no more than one year and legalized by consular certification. 

In necessary cases, the issuing authority has the right to request the original documents related to the personal file for verification. 

- For part-time staff:

+ Application for part-time employment according to Model 10 attached as an appendix to this Circular;

+ Certified copies (legally certified) of educational certificates; 

+ Curriculum vitae confirmed within no more than one year by local authorities where the person resides or by the agency or organization where they work regularly; in case the part-time staff is not a Vietnamese citizen, they must provide a criminal record issued by the competent authority of their home country confirmed within no more than one year and legalized by consular certification; 

+ Written permission to work part-time from the agency or organization where the individual works regularly.

5. The head of a scientific and technological organization is the director of the institute, the director of the center, or equivalent positions.

a) The head of a public scientific and technological organization must have a bachelor's degree or higher, relevant professional expertise, and at least one year of management experience.

For scientific and technological organizations established in the form of an institute, the head must have a doctoral degree. In the case of establishing a public institute in certain specialized fields, the qualification of the head is determined by the Minister of Science and Technology.

b) The head of a non-public scientific and technological organization and those with foreign capital must have a bachelor's degree or higher, relevant management experience, appropriate professional expertise, and must work on a regular basis.

c) The dossier of the head of a public scientific and technological organization includes:

- Certified copies (legally certified) of the appointment decision by the competent agency or organization; 

- A scientific curriculum vitae according to Model 11 attached as an Appendix to this Circular; 

- Certified true copies of educational certificates. 

d) The dossier of the head of a non-state scientific and technological organization with foreign capital includes: 

- Documents proving the qualifications for regular employees as stipulated at Point c Clause 4 Article of this Law; 

- Certified true copies of the appointment decision issued by the competent authority (except for organizations established by individuals). 

- A scientific curriculum vitae according to Model 11 attached as an Appendix to this Circular.

6. Material and technical facilities: 

a) The total capital recorded on the Certificate of the scientific and technological organization is the total value of material and technical facilities converted into money at the time of registration for operation. This capital is part or all of the charter capital of the scientific and technological organization. 

b) A declaration form of material and technical facilities of state-owned scientific and technological organizations and higher education institutions according to Model 12 attached as an Appendix to this Circular. 

c) For non-state scientific and technological organizations with foreign capital, in addition to the declaration form of material and technical facilities according to Model 12 attached as an Appendix to this Circular, the following additional documents must be provided: 

- Minutes of meetings of founders/cooperating parties clearly stating the following contents: capital contribution ratio; total capital (in cash and assets converted into Vietnamese dong), of which the cash capital contribution must ensure sufficient operating expenses for at least one year based on the number of employees and the scale of operations of the organization; 

- Commitment to capital contributions (in cash and assets) of each individual/cooperating parties (if any); 

- Documents proving ownership or right to use the committed capital; 

7. Main office: 

a) The main office is a separate workplace for transactions and communication located within the territory of Vietnam. The main office has a defined address including house number, street name (alley), village, ward, town, district, city district, provincial city, province, centrally governed municipality; telephone number, fax number, and email address (if any). 

b) The dossier proving the main office must include one of the following documents: 

- Certified true copies of documents proving ownership of the building or land use rights of the scientific and technological organization for the location of the main office; 

- Certified true copies of documents proving ownership of the building or land use rights or documents proving permission to lease or borrow premises for the main office from the lessor or lender, accompanied by the lease or borrowing contract; if the certified true copy of the contract is not legally certified, the organization may present the original for the file receiver to compare and sign confirmation on the copy. 

c) In addition to the main office, if necessary, a scientific and technological organization can register other activity locations in the same province or city where the main office is located. 

The dossier for registering other activity locations shall be applied as the dossier for the main office. 

Article 7. Documents for requesting changes, supplements, or reissuance of the Certificate

1. Request for Changes or Supplements:

a) When changing or supplementing any content recorded on the Certificate, the scientific and technological organization must still meet the corresponding conditions stipulated in Article 6 of this Circular.

The documents for requesting changes or supplements to one or more pieces of information recorded on the Certificate include:

- A request form for changes or supplements to the Certificate from the scientific and technological organization according to Model 13 attached to this Circular;

- The previously issued Certificate;

- Relevant documents concerning the changed or supplemented content, specifically as follows:

+ Changing or supplementing the field of operation of the organization:

A certified copy of the decision of the competent authority regarding the change or supplementation of the field of operation of the scientific and technological organization; personnel and technical infrastructure files to meet the requirements for activities in the changed or supplemented field according to Article 6 of this Circular (if applicable).

+ Changing the name of the organization:

A certified copy of the decision of the competent authority regarding the change of the name of the scientific and technological organization.

+ Changing the name of the establishment authority or direct management agency of the organization:

A certified copy of the decision to change the name of the establishment authority or direct management agency or to change the direct management agency of the scientific and technological organization.

+ Changing the head of the organization:

Files of the new head (as stipulated in Article 6 of this Circular).

+ Changing the main office address of the organization (except in cases specified in Point b Clause 1 of this Article):

Files concerning the main office address (as stipulated in Article 6 of this Circular).

+ Changing the total capital as requested by the organization:

Files related to the capital (as stipulated in Article 6 of this Circular).

b) In case the scientific and technological organization changes its main office (moving to another province/city directly under the Central Government where it has registered to operate), leading to a change in the issuing authority, the organization must submit a formal letter requesting a change of the main office address to the issuing authority, along with a report on operational status and return the original Certificate. Within seven working days, the issuing authority will issue a confirmation that the scientific and technological organization has completed the procedures and send a copy of the Certificate and registration files to the new issuing authority at the location where the organization has moved.

The scientific and technological organization submits the documents to the new issuing authority. The documents include:

- A request form for changes or supplements to the Certificate from the scientific and technological organization according to Model 13 attached to this Circular;

- Files concerning the main office address (as stipulated in Article 6 of this Circular);

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

2. Request for Reissuance of the Certificate:

a) In case the Certificate is lost, the scientific and technological organization must request a reissue after reporting to the police authority where the loss occurred and announcing the loss through mass media.

No later than thirty days from the date of announcement, the scientific and technological organization submits the documents for requesting a reissued Certificate. The documents include:

- A request form for reissuing the Certificate from the scientific and technological organization according to Model 13 attached to this Circular;

- Confirmation from the police authority;

- Receipt from the media outlet that published the announcement.

b) In case the Certificate is torn or damaged, the scientific and technological organization may request a reissue, with the documents including:

- A request form for reissuing the Certificate from the scientific and technological organization according to Model 13 attached to this Circular;

- The previously issued Certificate.

Chapter III

REPRESENTATIVE OFFICE, BRANCH IN VIETNAM

OF PUBLIC SCIENTIFIC AND TECHNOLOGICAL ORGANIZATION,

NON-PUBLIC AND FOREIGN-INVESTED

Article 8. Conditions for establishment and registration of representative offices and branches

The conditions for establishing representative offices and branches and the procedures and formalities for registering their activities are stipulated in Article 20 of Decree No. 08/2014/ND-CP.

1. Initial Registration:

The conditions for establishment and the registration documents for representative offices and branches shall be implemented according to the provisions of Article 20 of Decree No. 08/2014/ND-CP. Specific guidance on the documents in the registration file is as follows:

a) Application for registration of the representative office or branch according to Model 14 attached hereto;

b) Decision on establishing the representative office or branch;

c) Documents proving the head, human resources, and headquarters of the representative office or branch: applied as for scientific and technological organizations as stipulated in Article 6 of this Circular;

d) Certified true copy of the Certificate of Registration and Charter of the managing scientific and technological organization.

2. Registration for Change, Supplement, or Reissue of the Certificate of Operation:

In cases where there is a change or supplement to one or more items recorded in the Certificate of Operation or if the Certificate of Operation is lost, torn, or damaged, the representative office or branch shall register for change, supplement, or reissue of the Certificate of Operation at the Department of Science and Technology where the headquarters of the representative office or branch is located, in accordance with the regulations applicable to scientific and technological organizations as stipulated in Article 7 of this Circular.

When registering for changes or supplements to the contents recorded on the Certificate of Operation, the representative office or branch must still meet the conditions prescribed in Clause 1 of Article 20 of Decree No. 08/2014/ND-CP.

The application for change, supplement, or reissue of the Certificate of Operation of the representative office or branch according to Model 13 attached hereto.

Article 9. Suspension and Revocation of the Effectiveness of the Certificate of Operation

1. The representative office or branch will have its Certificate of Operation suspended for up to six months in the following cases:

a) Not commencing operations within twelve months from the date of issuance of the Certificate of Operation;

b) Ceasing operations for more than twelve consecutive months without a valid reason;

c) Failing to meet the minimum conditions specified in Clause 1 of Article 20 of Decree No. 08/2014/ND-CP continuously for twelve months;

d) When the Certificate of the managing scientific and technological organization is suspended;

đ) Failing to register for change, supplement, or reissue of the Certificate of Operation within twelve months from the date of change, supplement, or loss of the Certificate of Operation.

2. The Certificate of Operation of the representative office or branch will be revoked in the following cases:

a) Falsifying information in the registration documents to obtain the Certificate of Operation;

b) According to the decision or recommendation of competent authorities when the representative office and branch violate during their operation.

c) Exceeding the suspension period of the Certificate of Operation without taking corrective measures or failing to correct the situation as required by the competent authority;

d) The Certificate of the managing scientific and technological organization being revoked;

đ) Pursuant to the decision to terminate the operations of the representative office or branch of the managing scientific and technological organization;

3. The Department of Science and Technology shall issue a decision to suspend or revoke the effectiveness of the Certificate of Operation issued to the representative office or branch in the cases stipulated in Clauses 1 and 2 of this Article and notify relevant agencies and organizations.

Chapter IV

REPRESENTATIVE OFFICE, BRANCH IN VIETNAM

OF FOREIGN SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS

Article 10. Documents for requesting a License to establish a representative office or branch in Vietnam of foreign scientific and technological organizations

Conditions, documents, procedures, and formalities for foreign scientific and technological organizations to establish a representative office or branch in Vietnam shall be implemented in accordance with Article 21 of Decree No. 08/2014/NĐ-CP; the fields of operation of the representative office or branch of foreign scientific and technological organizations must comply with the requirements stipulated in Clause 3, Article 11 and Clause 2, Article 15 of the Law on Science and Technology.

The application form for requesting a License according to Model 15 attached hereto.

2. Request for changing or supplementing a License:

When requesting to change or supplement the contents of the License, the representative office or branch must still ensure the minimum conditions corresponding to those prescribed in Clause 1, Article 20 of Decree No. 08/2014/NĐ-CP and Clause 2, Article 15 of the Law on Science and Technology. The License issued after changes or supplements shall not exceed the validity period of the previously issued License.

Documents for requesting changes or supplements include:

a) A document proposing changes or supplements to the License's content signed by the authorized representative of the representative office or branch;

b) The previously issued permit;

c) Relevant documents related to the changed or supplemented content, specifically as follows:

- Changing information about the foreign scientific and technological organization recorded in

the License:

A certified true copy of the registration certificate or equivalent document of the foreign scientific and technological organization.

- Changing the name of the representative office or branch:

A document related to the change of the name of the foreign scientific and technological organization leading to a change in the name of the representative office or branch.

- Changing the headquarters address of the representative office or branch:

Documents regarding the headquarters of the representative office or branch (as stipulated in Article 6 of this Circular).

In cases where the headquarters is moved to another province/city, approval from the People's Committee of the province/city regarding permission to set up the representative office or branch headquarters is required.

- Changing the head:

Conditions and documents for the head as prescribed in Articles 20 and 21 of Decree No. 08/2014/NĐ-CP.

- Changing or supplementing the field of operation of the representative office or branch:

A certified true copy (legalized) of the amended charter of the branch or decision on changing or supplementing the field of operation of the representative office; human resources documents to meet the activities in the changed or supplemented field applied as for the scientific and technological organization (as stipulated in Article 6 of this Circular).

3. Request for extending the License:

At least 30 days before the expiration of the License, if there is a need to continue operations in Vietnam, foreign scientific and technological organizations must complete the extension procedures.

The validity period of the License for establishing a representative office or branch in Vietnam of foreign scientific and technological organizations is based on the operating time of the foreign scientific and technological organization (if applicable) and shall not exceed five years.

Documents for requesting an extension include:

a) A document requesting an extension of the License signed by the authorized representative of the foreign scientific and technological organization;

b) A certified true copy (legalized) of the audited financial report or other equivalent documents proving the existence and actual operation of the foreign scientific and technological organization in the most recent fiscal year;

c) The previously issued License;

d) A certified true copy (legalized) of the registration certificate or equivalent document of the foreign scientific and technological organization.

4. Request for reissuing the License:

a) In case of loss of the License, it must be registered for reissue after reporting to the police authority at the place of loss and announcing in the mass media.

Within the latest 30 days from the last announcement, the representative office or branch submits the application for reissuing the License. The documents include:

- A document of the representative office or branch requesting reissuance of the License;

- Confirmation from the police authority;

- Receipt from the media outlet that published the announcement.

b) In case of damage to the License, the representative office or branch may request reissuance, including the following documents:

- A document of the representative office or branch requesting reissuance of the License;

- The previously issued License.

5. From the date of receiving valid documents, the review period and issuance of the License in cases of changes, supplements, or reissuance is 15 working days; in cases of License extension, it is 30 working days. If the issuing authority disagrees, they must respond in writing and specify the reasons.

Article 11. Suspension and Revocation of Effectiveness of the Permit

1. The Permit shall be suspended for up to six months in the following cases:

a) More than twelve months from the date of issuance of the Permit, the representative office or branch does not commence operations;

b) Ceasing operations for more than twelve consecutive months without a valid reason;

c) Failure to meet the conditions stipulated in Article 21 of Decree No. 08/2014/ND-CP for a continuous period of twelve months;

d) Failure to register changes, supplements, or replacement of the Permit within twelve months from the date of such changes, supplements, or loss of the Permit.

2. The Permit shall be revoked in the following cases:

a) Misrepresentation of information in the application documents to obtain the Permit;

b) Exceeding the suspension period of the Permit without taking corrective measures or failing to correct according to the requirements of the competent authority;

c) Based on decisions or recommendations of the competent authorities when the representative office or branch engages in violations during operations;

d) Based on decisions to terminate the operations of the representative office or branch of foreign science and technology organizations;

đ) Foreign science and technology organization ceases operations.

3. The Ministry of Science and Technology shall issue a decision to suspend or revoke the effectiveness of the Permit issued to the representative office or branch in the cases specified in Clause 1 and Clause 2 of this Article and notify relevant agencies and organizations.

Chapter IV

FOREIGN SCIENCE AND TECHNOLOGY ORGANIZATIONS,

REPRESENTATIVE OFFICES, BRANCHES OF VIETNAMESE SCIENCE

AND TECHNOLOGY ORGANIZATIONS IN FOREIGN COUNTRIES

Conditions, documents, and procedures for requesting the establishment of subordinate science and technology organizations abroad by Vietnamese science and technology organizations shall be carried out in accordance with the provisions of Article 18 of Decree No. 08/2014/ND-CP. The application for establishment follows Model 16 attached to this Circular.

Conditions, documents, and procedures for requesting the establishment of representative offices and branches abroad by Vietnamese science and technology organizations shall be carried out in accordance with the provisions of Article 23 of Decree No. 08/2014/ND-CP. The application for establishment follows Model 17 attached to this Circular.

Chapter VI

REPORT ON THE SITUATION OF SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES

Article 14. Sample Report on the Situation of Activities

1. Sample report on the situation of activities of science and technology organizations:

a) Public organizations report according to Model 18 attached to this Circular.

b) Private organizations and those with foreign capital report according to Model 19 attached to this Circular.

c) Organizations that are higher education institutions report according to Model 20 attached to this Circular.

2. Sample report on the situation of activities of representative offices and branches of science and technology organizations:

a) Representative offices and branches of domestic science and technology organizations report according to Model 21 attached to this Circular.

b) Representative offices and branches of foreign science and technology organizations in Vietnam report according to Model 22 attached to this Circular.

Article 15. Reporting system, responsibility for preparing and submitting reports on operational status

1. Reporting System:

a) Scientific and technological organizations, representative offices, branches of scientific and technological organizations shall submit periodic reports before December 15th each year.

b) When requested by competent state agencies, scientific and technological organizations, representative offices, and branches of scientific and technological organizations must implement reporting, provide documents, and explain related issues.

2. Responsibility for preparing and submitting reports:

a) Scientific and technological organizations, representative offices, and branches of scientific and technological organizations have the obligation to fully and accurately report on the prescribed indicators in each reporting form; prepare reports according to the specified reporting deadlines and periods; be responsible for the authenticity of the information in the reports.

Chapter VI

RESPONSIBILITIES OF THE AGENCY ISSUING CERTIFICATES AND PERMITS,

THE MAIN MANAGING AGENCIES AND SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS

Article 16. Responsibilities of the agency issuing certificates and permits

a) Implement the issuance of Certificates and Permits to scientific and technological organizations, representative offices, and branches of scientific and technological organizations within their authority.

b) Monitor and inspect the activities of scientific and technological organizations, representative offices, and branches according to the contents recorded in the Certificates and Permits issued by the Ministry of Science and Technology, handle and recommend competent authorities to deal with violations as stipulated by law.

c) Publish on the Ministry of Science and Technology's online portal information about foreign scientific and technological organizations, representative offices, and branches that have been issued Certificates and Permits by the Ministry of Science and Technology; cases where the effectiveness of Certificates and Permits has been suspended or revoked.

d) Guide provincial science and technology departments on procedures for registering scientific and technological activities.

2. Responsibilities of Provincial Science and Technology Departments:

a) Issue Certificates and Certificates of Operation to scientific and technological organizations, representative offices, and branches within their authority.

b) Monitor and inspect the activities of scientific and technological organizations, representative offices, and branches according to the contents recorded in the Certificates issued by the provincial science and technology department, handle and recommend competent authorities to deal with violations as stipulated by law.

c) Report to the Ministry of Science and Technology on the results of issuing Certificates and Certificates of Operation to scientific and technological organizations, representative offices, and branches of scientific and technological organizations periodically annually or report promptly when required.

Article 17. Responsibilities of the managing agency and organization and of scientific and technological organizations

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

a) Approve or submit to the competent authority for approval the charter of the organization and its activities according to the provisions of this Circular.

b) Manage scientific and technological organizations within their authority; dissolve, split, or merge scientific and technological organizations according to the law.

c) Coordinate with functional agencies to handle violations of scientific and technological organizations according to the law.

2. Responsibilities of scientific and technological organizations:

a) Be responsible under the law for all contents declared in the registration dossier for scientific and technological activities.

b) Announce the establishment and register scientific and technological activities on mass media.

c) Hang a signboard at the main office, place of operation, representative office, branch of the scientific and technological organization, no later than 15 working days from the date of issuance of the Certificate or License. The signboard must have a minimum size of 30cm x 50cm.

d) Implement the reporting system on the annual operational situation or special reports when required by the issuing authority.

đ) Report to the Ministry of Science and Technology and related agencies about the establishment of affiliated scientific and technological organizations, representative offices, branches abroad within 30 days from the date of permission granted by the competent authority of the foreign country.

e) Operate within the scope of scientific and technological activities according to the Certificate or License issued and according to the law; implement registration for changes, supplements, reissue of the Certificate or License according to the law.

g) Have the responsibility to implement the approved Charter of organization and activities correctly.

h) For fields of activity that require conditions according to the law, scientific and technological organizations must obtain permission from the competent state agency before implementing such activities.

i) For scientific and technological organizations operating in fields where establishment conditions are stipulated in documents issued by higher authorities (National Assembly, Government,

k) Scientific and technological organizations, representative offices, branches must return the Certificate or Operation Certificate, License to the issuing authority when they are revoked and notify relevant agencies and organizations.

Chapter VIII

IMPLEMENTATION

Article 18. Implementation Organization

2. Scientific and technological organizations, representative offices, branches of scientific and technological organizations shall review establishment conditions according to Decree No. 08/2014/ND-CP and this Circular. If not meeting the requirements, they must complete the conditions as prescribed, no later than March 15, 2016.

3. Scientific and technological organizations that have registered activities with the Ministry of Science and Technology or Provincial Department of Science and Technology, when there are changes, supplements, reissuance of Certificates, Operation Certificates, Licenses, continue to process at the original issuing authority.

4. For scientific and technological organizations with foreign investment capital that have been issued Certificates and approved Charters according to Decree No. 80/2010/ND-CP dated July 14, 2010 of the Government on cooperation and investment with foreign countries in the field of science and technology, the authority to decide on changes and supplements to the Charter of organization and activities of these organizations shall be implemented according to Article 7 of Decree No. 08/2014/ND-CP.

Article 19. Effective Date

1. This Circular takes effect from May 15, 2014.

2. This Circular replaces Circular No. 02/2010/TT-BKHCN dated March 18, 2010 of the Minister of Science and Technology guiding conditions for establishment and registration of activities of scientific and technological organizations and Circular No. 01/2011/TT-BKHCN dated March 16, 2011 of the Minister of Science and Technology guiding establishment and registration of activities of scientific and technological organizations with foreign investment capital, representative offices, branches of foreign scientific and technological organizations in Vietnam.

3. During implementation, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to promptly reflect in writing to the Ministry of Science and Technology for research, amendment, and supplementation to ensure suitability.