JOINT CIRCULAR No. 06/2008/TTLT-BKHCN-BTC-BNV GUIDING THE IMPLEMENTATION OF GOVERNMENT DECREE No. 80/2007/NĐ-CP dated May 19, 2007 ON SCIENCE AND TECHNOLOGY ENTERPRISES

JOINT CIRCULAR

Guidelines for implementing Decree No. 80/2007/NĐ-CP dated May 19, 2007

of the Government on science and technology enterprises

__________________________

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

Pursuant to Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, authorities, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008, issued by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 80/2007/NĐ-CP dated May 19, 2007 of the Government on science and technology enterprises (hereinafter referred to as Decree No. 80/2007/NĐ-CP);

The Ministry of Science and Technology, the Ministry of Finance, and the Ministry of Home Affairs provide guidelines for implementing certain provisions of Decree No. 80/2007/NĐ-CP as follows:

I. GENERAL PROVISIONS

a) Cadres, civil servants, public officials, and workers as stipulated in Article 2 of Decree No. 178/2024/NĐ-CP dated December 31, 2024 (amended and supplemented by Decree No. 67/2025/NĐ-CP dated March 15, 2025) of the Government on policies and treatment for cadres, civil servants, public officials, workers, and armed forces personnel in the process of organizational restructuring of the political system, having a total mandatory social insurance contribution period of at least 15 years when working in heavy, hazardous, or dangerous jobs or extremely heavy, hazardous, or dangerous jobs listed by the agency under the Government responsible for labor administration, or working in areas with particularly difficult socio-economic conditions including time worked in places with regional allowances of coefficient 0.7 or higher before January 1, 2021, and reaching the retirement age as specified in Appendix II issued together with Decree No. 135/2020/NĐ-CP, ceasing work immediately due to direct impact from organizational restructuring and implementation of the two-level local government model;

1.1. Vietnamese organizations and individuals; foreign organizations and individuals who have lawful ownership or usage rights over scientific and technological (ST) results and comply with the regulations set forth in this Joint Circular regarding the establishment of new ST enterprises.

 2. Authority to approve the Transformation Plan

The authority to approve the Transformation Plan for the conversion of publicly established scientific and technological organizations into ST enterprises (hereinafter referred to as the Transformation Plan) is the state agency authorized to establish such organizations. In cases where scientific and technological organizations are established by the Government or the Prime Minister, the ministries, agencies equivalent to ministries, government agencies, and state-owned corporations responsible for managing these organizations shall be the authorities to approve the Transformation Plan.

Administrative superior agency of scientific and technological organizations is the administrative superior agency directly responsible for managing the administrative and professional operations of the scientific and technological organization.

4. Scientific and technological results

4.1. Scientific and technological results include:

a) Results from programs, projects, plans, and tasks in scientific and technological research recognized by competent state management agencies according to the law;

b) Patents, industrial designs, plant varieties, layout-designs of integrated circuits protected under intellectual property laws or registered internationally according to international treaties to which Vietnam is a party; Computer programs.

4.2. Ownership or lawful usage rights over scientific and technological results

a) For scientific and technological results originating from state budget funds:

- Scientific and technological results created entirely funded by state budget for research belong to the State.

- The results of science and technology created with part of the funding provided by the state budget for research shall be owned by the State according to the proportion of the state budget funds allocated.

- The results of science and technology created with full funding or part of the funding provided by the state budget for receiving transfer shall have ownership or lawful use rights reflected through contracts between the parties as stipulated by law. In cases where the state provides part of the funding for receiving transfer of the results of science and technology, the State shall represent the ownership or lawful use rights corresponding to the proportion of the state budget funds allocated for receiving transfer of such results.

- The transfer of ownership or use rights of the results of science and technology owned by the State shall be carried out in accordance with point 4.4, clause 4, section I of this Circular.

b) For scientific and technological results not originating from state budget funds

- The results of science and technology created using their own funding for research by organizations or individuals shall belong to the ownership of those organizations or individuals.

- The results of science and technology created by using the funding of other organizations or individuals or receiving lawful transfer shall have ownership or lawful use rights determined based on documents or contracts between the parties as stipulated by law.

4.3. Determining the value of scientific and technological results

a) The value of scientific and technological results owned by the State is determined by the state management agency that allocates the results, at a minimum equal to the amount of state budget funds invested;

b) The value of scientific and technological results not owned by the State is determined by the organization or individual holding ownership rights and agreed upon with the parties involved in establishing an ST enterprise when using them for production and business activities.

4.4. Allocation of scientific and technological results owned by the State

a) The allocation of scientific and technological results to publicly established scientific and technological organizations (or parts thereof) for transformation into ST enterprises is chosen by the publicly established scientific and technological organization (or part thereof) through one of two methods: Transfer of ownership rights or transfer of usage rights. In the case of transferring usage rights, the competent state agency may allocate the results to one or more publicly established scientific and technological organizations for shared use. Scientific and technological results are prioritized for allocation to the organization primarily responsible for researching and forming those results;

b) Publicly established scientific and technological organizations (or parts thereof) receiving scientific and technological results for transformation into ST enterprises must pay once the value of the author's copyright in the form of capital contribution of the author of the scientific and technological result into the ST enterprise. Co-authors of the scientific and technological result must agree on the ownership ratio of each member and report it in writing to the publicly established scientific and technological organization (or part thereof);

The value of copyright of the results of science and technology shall be determined as follows:

- For inventions, industrial designs, and integrated circuit layout designs that have been granted protection certificates, the author shall enjoy remuneration at the level specified in Article 135 of the Intellectual Property Law.

- For other results of science and technology not mentioned above, the author shall enjoy remuneration equal to 20% to 35% of the value of the results of science and technology.

Science and technology enterprises shall implement annual profit distribution to authors of the results of science and technology whose capital contribution is the value of copyright in accordance with the provisions of the law.

c) When applying scientific and technological results allocated by the State for production and business activities, the ST enterprise has the obligation to:

- Paying to the state budget at a rate of 5% of pre-tax profits annually until the total amount paid equals 30% of the value of the transferred results of science and technology in cases where science and technology enterprises are established from the conversion of the entire organization of science and technology.

- Paying into the Development Fund of the science and technology organization at a rate of 5% of pre-tax profits annually until the total amount paid equals 30% of the value of the transferred results of science and technology in cases where science and technology enterprises are established from the conversion of a part of the organization of science and technology.

Payment to the state budget or payment into the Development Fund of the science and technology organization as stipulated herein shall be implemented from when the science and technology enterprise has taxable income.

4.5. Authority to decide on the value of scientific and technological results and to allocate usage or ownership rights over scientific and technological results owned by the State:

a) The Minister of Science and Technology has the authority to decide on the value of scientific and technological results and to allocate them for use or ownership to organizations from national-level scientific and technological tasks;

b) Ministers, heads of agencies equivalent to ministries, heads of government agencies, Chairmen of provincial People's Committees directly under the central government have the authority to decide on the value of scientific and technological results and to allocate them for use or ownership to organizations from ministry-level scientific and technological tasks;

c) For scientific and technological programs, projects, plans, and tasks at the grassroots level, the head of the competent agency allocating the tasks has the authority to decide on the value of scientific and technological results and to allocate usage or ownership rights over the results.

4.6. Main contents in the decision to allocate scientific and technological results owned by the State:

a) Name of the competent authority allocating;

b) Name of the scientific and technological result;

c) Value of the scientific and technological result;

d) Name of the organization implementing the scientific and technological task;

đ) Name of the author(s), group of authors (address, ID number, account number);

e) Name of the organization receiving the scientific and technological result;

g) Provisions on the allocation of scientific and technological results:

- Transfer of ownership.

- Transfer of use rights.

h) Provisions on the responsibility to pay state budget (or contribute to the development fund of the scientific and technological organization in the case of separating a part of the scientific and technological organization to establish an ST enterprise):

- Payment amount.

- Payment form.

- Payment time.

i) Provisions on the responsibility towards the author of the scientific and technological result:

- Payment amount.

- Payment form, ownership ratio of members in the collective author.

- Payment time.

A business shall be recognized as a science and technology enterprise when it meets the following conditions.

5.1. Objects establishing science and technology enterprises complete the incubation and mastery of technology from legally owned or used results of science and technology in fields such as information technology - telecommunications, especially software technology; biotechnology, particularly biotechnology serving agriculture, aquaculture, and healthcare; automation technology; new material technology, especially nanotechnology; environmental protection technology; new energy technology; space technology, and other technologies prescribed by the Ministry of Science and Technology.

5.2. Transfer of technology or direct production based on technology incubated and mastered as prescribed in point 5.1, clause 5, section I above.

 

II. ESTABLISHMENT OF SCIENCE AND TECHNOLOGY ENTERPRISES.

Objects prescribed in point 1.1, clause 1, section I of this Circular establish science and technology enterprises according to the following procedures.

a) Establishing a business and registering for business operations in accordance with the Enterprise Law.

b) Registering for certification as a science and technology enterprise at the local Department of Science and Technology within 30 working days from the date of establishment of the enterprise.

a) Application for certification as a science and technology enterprise (model application for certification as a science and technology enterprise attached as Appendix I to this Circular).

b) Business Registration Certificate (certified copy).

c) Production and business project.

1.3. Content of the Production and Business Project.

a) Proof of lawful use or ownership of the results of science and technology (accompanied by documents confirming lawful use or ownership of the results of science and technology).

b) Explanation of the process of incubating and mastering technology from the results of science and technology with lawful use or ownership.

c) Business plan including detailed products formed from the results of science and technology and conditions ensuring business activities.

2. Converting public science and technology organizations to establish science and technology enterprises. SCIENCE AND TECHNOLOGY

Public science and technology organizations may convert a part or the entire organization to establish science and technology enterprises.

2.1. Procedures for converting public science and technology organizations to establish science and technology enterprises (hereinafter referred to as conversion to establish science and technology enterprises).

a) The competent authority approves the Transformation Plan and establishes the Steering Committee and the Working Group of the Steering Committee for the transformation to establish science and technology enterprises. The Steering Committee and the Working Group have similar responsibilities to the Steering Committee for shareholding reform and the Working Group of the Steering Committee for shareholding reform as stipulated in Decree No. 109/2007/ND-CP dated June 26, 2007 of the Government on transforming wholly state-owned enterprises into joint-stock companies and guiding documents implementing Decree No. 109/2007/ND-CP.

b) Public science and technology organizations develop the Transformation Plan and submit it to the competent authority for approval of the Transformation Plan (the basic content of the Transformation Plan is attached as Appendix II to this Circular).

The competent authority approving the Transformation Plan shall examine and assess the feasibility of the Transformation Plan. to examine and decide on approving (the model Decision approving the Scheme for conversion according to Appendix III attached to this Joint Circular). The approval period is 30 working days from the date of receipt of the Scheme for conversion submitted by the organization for science and technology or the competent authority of the organization for science and technology. In cases where the Scheme requires modification and supplementation, the approval period may be extended but not exceeding 45 working days.

After the Scheme for conversion has been approved, the organization for science and technology shall inventory and handle assets and finances; the preparation of relevant documents when implementing the organizational conversion of the organization for science and technology to establish a science and technology business enterprise shall be carried out in accordance with the provisions of Decree No. 109/2007/NĐ-CP dated June 26, 2007 of the Government on converting state-owned enterprises with 100% state capital into joint-stock companies and other regulations on managing state capital invested in enterprises.

c) Selling shares in the case of conversion to establish a joint-stock company.

Transferring state share or receiving contributions from other members in the case of conversion to establish a limited liability company with two or more members;

d) Establishing a business enterprise and registering business operations in accordance with the Enterprise Law;

a) Application for certification of a science and technology business enterprise;

b) Decision approving the Scheme for conversion issued by the competent state management agency;

c) Business Registration Certificate (Certified copy).

3.1. The local Department of Science and Technology shall check the suitability of the documents specified in Point 1.2, Clause 1, Section II for new establishment of a science and technology business enterprise and Point 2.2, Clause 2, Section II for conversion to establish a science and technology business enterprise, and the conditions stipulated in Clause 5, Section I of this Joint Circular to issue the Certificate of a science and technology business enterprise (model Certificate of a science and technology business enterprise according to Appendix IV attached to this Joint Circular) and the list of products formed from scientific and technological results.

3.2. The examination period for issuing the Certificate of a science and technology business enterprise is 30 working days from the date of receipt of the complete documents of the business enterprise. In cases where the Certificate of a science and technology business enterprise is not issued, the local Department of Science and Technology must reply to the business enterprise in writing and specify the reasons.

3.3. Costs for examination and issuance of the Certificate of a science and technology business enterprise shall be taken from the regular operating budget allocated annually by the state budget to the local Department of Science and Technology. The local Department of Science and Technology is responsible for preparing the budget to implement this task.

4. Some specific provisions in the conversion of public organizations for science and technology to establish science and technology business enterprises.

4.1. Regarding land use rights

For the area of land assigned to the organization for science and technology, when converting to establish a science and technology business enterprise, the organization for science and technology is responsible for developing a plan to switch to leasing land, allocating land with payment for land use or allocating land without payment for land use, to be submitted along with the Scheme for conversion for consideration and decision by the competent state agency. For areas of land that are not needed or used for purposes other than intended, the organization for science and technology must return them to the State.

The use of land for joint ventures, joint operations, collateral for loans shall be carried out in accordance with the provisions of the law.

4.2. Regarding assets

a) The value of scientific and technological results assigned by the State shall not be included in the asset value of the State when determining the value of the organization for science and technology being converted to establish a science and technology business enterprise;

b) The organization for science and technology shall prepare a list of assets (model list of assets according to Appendix V attached to this Joint Circular) to propose transferring to the science and technology business enterprise, to be submitted for consideration and decision by the competent authority approving the Scheme for conversion. The value of these assets shall be considered as the State's investment capital in the enterprise;

c) For assets that are not required to be transferred to the science and technology business enterprise, unused, stagnant, awaiting liquidation (including those in laboratories), the organization for science and technology shall submit a written request to the competent authority to handle them in accordance with current regulations.

d) For assets belonging to key laboratories that have been invested in by the State:

- In the case where the organization for science and technology converts its entire organization into a science and technology business enterprise, the competent authority of the organization for science and technology shall be responsible for receiving and managing the key laboratory (including premises, equipment, and personnel);

- In the case where a part of the organization for science and technology is converted to establish a science and technology business enterprise, the key laboratory does not belong to the assets to be converted. The key laboratory is a part of the organization for science and technology, managed in accordance with current State regulations.

đ) At the time of determining the asset value to establish a science and technology business enterprise, assets that do not meet the conditions for disposal will not be included in the asset value of the organization for science and technology and will be transferred to the competent authority for disposal in accordance with the regulations.

4.3. Policies for cadres and staff

b) Cadres and staff of the organization for science and technology shall be entitled to purchase preferential shares when the organization for science and technology converts to establish a science and technology joint-stock company, in accordance with the provisions of Decree No. 109/2007/NĐ-CP dated June 26, 2007 of the Government on converting state-owned enterprises with 100% state capital into joint-stock companies and guiding documents for implementing this Decree.

c) Officials and staff members of science and technology organizations who transfer to work at science and technology enterprises continue to be the principal or participating implementers of science and technology tasks of science and technology organizations;

d) Officials and staff members of science and technology organizations who do not transfer to work at science and technology enterprises shall be retrained for other job assignments or enjoy reduction-in-force policies as stipulated in Decree No. 132/2007/NĐ-CP dated August 8, 2007 of the Government and guiding documents implementing this Decree; funds for implementing reduction-in-force policies shall be allocated in the annual budget of ministries, sectors, and localities as prescribed.

Officials and staff members of science and technology organizations under State-owned Companies or State Corporations who do not transfer to work at science and technology enterprises shall be retrained for other job assignments or enjoy policies similar to those for surplus labor as stipulated in Decree No. 110/2007/NĐ-CP dated June 26, 2007 of the Government on policies for surplus labor due to restructuring state-owned companies and guiding documents implementing this Decree.

4.4. Using the proceeds from selling shares when converting to establish a science and technology enterprise in the form of a joint-stock company

a) For science and technology organizations under State-owned Companies or State Corporations: The proceeds from selling shares when converting science and technology organizations to establish a science and technology enterprise in the form of a joint-stock company shall be used in accordance with Article 45 of Decree No. 109/2007/NĐ-CP dated June 26, 2007 of the Government on converting wholly state-owned enterprises into joint-stock companies and guiding documents.

b) For science and technology organizations under ministries, sectors, and localities

- In the case of selling state-owned equity:

The proceeds from selling state-owned equity when converting to establish a science and technology enterprise in the form of a joint-stock company (including the difference between the sale price of shares) shall be used to cover conversion costs and reduction-in-force policies for employees as prescribed by law and decisions of competent state authorities. If these proceeds are insufficient, they will be supplemented by the state budget to ensure implementation. Any remaining proceeds from selling state-owned equity shall be remitted to the state budget.

- In the case of issuing additional shares to increase registered capital:

The proceeds from issuing additional shares to increase registered capital when converting to establish a science and technology enterprise shall be retained by the science and technology enterprise corresponding to the nominal value of the additional shares issued;

The surplus capital (the difference between the proceeds from selling shares and the total nominal value of the additional shares issued) shall be used to cover conversion costs and resolve policies for employees enjoying reduction-in-force policies. If the surplus capital is insufficient to resolve policies for employees enjoying reduction-in-force policies, it will be supplemented by the state budget to ensure implementation;

Any remaining proceeds from the surplus capital (if any) shall be retained by the science and technology enterprise according to the proportion of the additional shares issued in the registered capital structure; the remaining proceeds shall be remitted to the state budget. The management and use of the retained proceeds for the science and technology enterprise shall be implemented in accordance with regulations governing the management and use of retained proceeds for joint-stock companies undergoing conversion from wholly state-owned enterprises.

- In the case of selling state-owned equity combined with issuing additional shares:

The proceeds from selling state-owned equity shall be retained by the science and technology enterprise corresponding to the nominal value of the additional shares issued;

The science and technology enterprise is responsible for remitting the state budget the nominal value of the state-owned shares sold.

The surplus capital shall be used to cover conversion costs and policies for employees benefiting from reduction in staff policy; if the revenue from the surplus capital is insufficient to address the policy for employees benefiting from reduction in staff policy, additional funding shall be provided by the state budget to ensure implementation.

The remainder (if any) shall be retained by the corresponding science and technology enterprise in proportion to the newly issued share capital in the charter capital structure, with the rest remitted to the state budget.

4.5. Utilization of the proceeds from selling the State's portion of capital in the case of converting a science and technology organization to establish a limited liability company with two or more shareholders:

a) For science and technology organizations under State-owned enterprises or State-owned corporations: The proceeds from transferring the State's capital (if any) shall be applied according to the provisions of Clause 1, Article 45 of Decree No. 109/2007/NĐ-CP dated June 26, 2007 of the Government on converting wholly State-owned enterprises into joint-stock companies and related guiding documents.

b) For science and technology organizations under ministries, sectors, and localities: The proceeds from selling the State's portion of capital (if any), after deducting transfer costs and policies for employees benefiting from reduction in staff policy, shall be remitted to the state budget. In cases where the proceeds from selling the State's portion of capital are insufficient to cover transfer costs and policies for employees, the state budget shall provide supplementary funding.

4.6. Costs for conversion to establish a science and technology enterprise shall be implemented according to the norms applicable to the costs of implementing the privatization of wholly State-owned enterprises.

 

III. SUPPORT POLICIES AND INCENTIVES

Science and technology enterprises shall enjoy corporate income tax incentives as specified in Point 1.2, Clause 1, Section III of this Joint Circular if they meet the condition: The ratio of revenue from producing and trading products and goods derived from scientific and technological achievements to the total revenue of the enterprise (hereinafter referred to as the revenue ratio) shall reach at least 30% in the first year, 50% in the second year, and 70% or higher from the third year onwards. The first year refers to the first year the enterprise has taxable income.

Revenue from producing and trading products and goods derived from scientific and technological achievements includes: Revenue from transferring post-nursery stage technologies and revenue from producing goods created using the technologies specified in Point 5.1, Clause 5, Section I of this Joint Circular. The list of products and goods derived from scientific and technological achievements shall be confirmed by the provincial Department of Science and Technology when issuing the Certificate of Science and Technology Enterprise and can be supplemented during the enterprise's operation.

Science and technology enterprises shall enjoy corporate income tax incentives similar to those for enterprises investing in high-tech zones, specifically as follows:

a) Science and technology enterprises shall apply a corporate income tax rate of 10% from the date they are granted the Certificate of Science and Technology Enterprise.

b) Science and technology enterprises shall be exempted from corporate income tax for four years and have their tax reduced by 50% for nine subsequent years starting from the first year of taxable income.

During the period of enjoying corporate income tax incentives, if a science and technology enterprise meets the revenue ratio conditions in any given year, it shall be exempted or have its tax reduced; if it does not meet the revenue ratio conditions, it shall not be exempted or have its tax reduced and shall pay corporate income tax at the current statutory rate.

Specific example:

On January 1, 2008, Enterprise A was granted the Certificate of Science and Technology Enterprise and began business operations. According to the regulations, Enterprise A shall enjoy corporate income tax incentives as follows:

Case One:

In 2008, 2009, and 2010, Enterprise A had taxable income and revenue ratios of 35%, 55%, and 75%, respectively, and in subsequent years, the revenue ratio remained above 70%.

According to the regulations, the enterprise shall be exempted from corporate income tax for four years (from 2008 to the end of 2011) and have its tax reduced by 50% (to 5%) for nine subsequent years (from 2012 to the end of 2020).

From 2021 onwards, the enterprise shall pay corporate income tax at a rate of 10%.

Case Two:

In 2008, Enterprise A began to have taxable income and achieved a revenue ratio of 35%; in 2009, Enterprise A achieved a revenue ratio of 45%; from 2010 to 2015, the enterprise achieved a revenue ratio exceeding 70%, and since 2016, the enterprise has not reached the revenue ratio of 70%.

Therefore, Enterprise A is only exempted from corporate income tax for three years, namely 2008, 2010, and 2011; in 2009, the enterprise is not exempted from tax and must pay corporate income tax at a rate of 28% because it did not meet the prescribed revenue ratio; the enterprise is granted a 50% reduction in corporate income tax for the following four years (from 2012 to 2015).

From 2016 onwards, the enterprise must pay corporate income tax at a rate of 28%.

Case Three:

From 2008 to 2011, Enterprise A had no taxable income. Starting from 2012, Enterprise A began to have taxable income with corresponding revenue ratios of 35%, 55%, and 75% for the years 2012, 2013, and 2014, respectively; from 2015 onwards, the revenue ratio consistently exceeded 70%.

According to regulations, the enterprise will be exempted from corporate income tax for four years, from 2012 to the end of 2015; from 2016 to 2024 (the next nine years), the enterprise will be granted a 50% reduction in corporate income tax (down to 5%).

From 2025 onwards, the enterprise must pay corporate income tax at a rate of 10%.

1.3. Procedures for implementing tax exemptions and reductions:

a) Science and technology enterprises shall self-determine the amount of corporate income tax eligible for incentives and declare it on the Corporate Income Tax Incentive Declaration Form (model form attached as Appendix VI to this Circular). The Corporate Income Tax Incentive Declaration Form shall be submitted together with the annual corporate income tax settlement declaration form.

b) In cases where science and technology enterprises have taxable income but have been operating for less than twelve months, they may register with the tax authority to claim tax exemption or reduction in the current year or the following year. If the enterprise registers for tax exemption or reduction in the following year, they must determine the tax payable for the year with taxable income and pay it into the state budget according to regulations.

c) During the course of production and business operations, if science and technology enterprises develop new technologies and products that meet the requirements stipulated in Point 5.1, Clause 5, Section I of this Joint Circular, they should register with the provincial Department of Science and Technology to be included in the list of products and goods derived from scientific and technological achievements to benefit from corporate income tax incentives.

2. Science and Technology Enterprises are exempted from stamp duty when registering land use rights and ownership of houses.

3. Science and Technology Enterprises with projects eligible for credit investment development loans shall enjoy policies on credit investment development as stipulated in Decree No. 151/2006/NĐ-CP dated December 20, 2006 of the Government on investment credit and export credit, including: investment lending, investment credit guarantee, post-investment support.

4. Science and Technology Enterprises shall benefit from advisory and training services provided by state technology incubators and business incubators without having to pay service fees; they are prioritized to use research equipment in key laboratories, technology incubators, business incubators, and state scientific research institutions; they shall enjoy preferential support from the National Science and Technology Development Fund and the National Innovation Fund according to the financial mechanisms of these funds.

5. Science and Technology Enterprises shall be leased land and infrastructure facilities by industrial park management boards, export processing zone management boards, economic zone management boards, and high-tech park management boards at the lowest price within the leasing price range in such areas; they shall also be leased land and infrastructure facilities by local people's committees at the lowest price within the national pricing range in the locality where the Science and Technology Enterprises lease.

IV. IMPLEMENTATION

1. The head of a public science and technology organization is responsible for drafting the Plan for Conversion to be submitted to the managing authority of the science and technology organization and implementing related tasks for conversion to establish a Science and Technology Enterprise in accordance with this Circular.

2. The managing authority of the science and technology organization is responsible for directing public science and technology organizations to draft the Plan for Conversion; reviewing the Plan for Conversion of the science and technology organization and submitting it to the competent authority for approval of the Plan for Conversion. The maximum review period of the managing authority is 15 working days from the date of receipt of the Plan for Conversion, in cases where the Plan for Conversion requires modification or supplementation, the review period may be extended but not more than 30 working days.

3. Science and Technology Enterprises shall handle procedures to use land and infrastructure facilities in accordance with current laws.

4. Science and Technology Enterprises are responsible for reporting their operational, production, and business situation and submitting the annual Financial Report to the Department of Science and Technology of the locality where the main office of the Science and Technology Enterprise is located before March 31 of the following year.

5. Departments of Science and Technology of provinces and centrally-administered cities under the central government are responsible for:

a) Reviewing and issuing Certificates of Science and Technology Enterprises and supplementing product and goods lists formed from scientific and technological results for Science and Technology Enterprises.

b) Budgeting funds into the annual science and technology plan to implement the review and issuance of Certificates of Science and Technology Enterprises and supplementing product and goods lists formed from scientific and technological results;

c) Reporting in writing about the registration status of enterprises, the operational and business situation of Science and Technology Enterprises in the locality to the Ministry of Science and Technology before April 15 of the following year.

d) Publicizing the procedures, forms, and processes for registering and certifying Science and Technology Enterprises on the website of the agency.

6. Tax administration agencies shall base their actions on the list of products and goods formed from scientific and technological results registered with the Department of Science and Technology and the tax declaration of Science and Technology Enterprises to apply tax incentives for Science and Technology Enterprises in accordance with this Joint Circular.

7. Ministries, ministerial-level agencies, governmental agencies, provincial people's committees, and centrally-administered city people's committees shall regularly conduct annual evaluations of the implementation of Decree No. 80/2007/NĐ-CP dated May 19, 2007 of the Government and submit reports to the Ministry of Science and Technology before February 25 of the following year.

8. The Vietnam Development Bank is responsible for guiding Science and Technology Enterprises on the documentation and procedures required to benefit from preferential policies on credit investment development as stipulated in Clause 5, Article 10 of Decree No. 80/2007/NĐ-CP dated May 19, 2007 of the Government.

9. This Joint Circular shall take effect 15 days after its publication in the Official Gazette. During the implementation process, if any issues arise, organizations and individuals are advised to report them to the Ministry of Science and Technology, the Ministry of Finance, and the Ministry of Home Affairs for consideration and resolution./.