Circular No. 07/2020/TT-BKHCN guiding the establishment of small and medium-sized enterprise incubation centers, technical support centers for small and medium-sized enterprises, and shared workspace areas supporting innovative startups of small and medium-sized enterprises

TCIRCULAR

for use on the establishment of small and medium enterprise (SME) incubation centers, technical support centers for SMEs, and shared working spaces supporting innovative startups of SMEssmall and medium enterprise (SME) incubation centers, technical support centers for SMEs, shared working spaces supporting innovative startups of SMEs

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Pursuant to the Law on Supporting Small and Medium Enterprises dated June 12, 2017;

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

At the proposal of the Director The Market Development and Science and Technology Enterprise Department and the Legal Department; The Minister of Science and Technology issues this Circular guiding the establishment of small and medium enterprise (SME) incubation centers, technical support centers for SMEs, and shared working spaces supporting innovative startups of SMEs

The Minister ofThis Circular guides the establishment of small and medium enterprise (SME) incubation centers, technical support centers for SMEs, and shared working spaces supporting innovative startups of SMEs as prescribed in Clause 3, Article 24 of the Law on Support for Small and Medium Enterprises..

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Organizations and individuals establish small and medium enterprise (SME) incubation centers, technical support centers for SMEs, and shared working spaces supporting innovative startups of SMEs in accordance with the Law on Support for Small and Medium Enterprises.

Article 2. Applicability

Organizations and individuals related to the establishment and operation of small and medium enterprise (SME) incubation centers, technical support centers for SMEs, and shared working spaces supporting innovative startups of SMEs.

Small and medium enterprise (SME) incubation centers, technical support centers for SMEs, and shared working spaces supporting innovative startups of SMEs

Article 3. Explanation of Terms

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

1. are defined in Clause 5, Clause 6, and Clause 8, Article 3 of the Law on Support for Small and Medium Enterprises (hereinafter referred to as SME incubation centers, technical support centers, and shared working spaces). Common equipment

2. refers to machinery, equipment, production lines that can be reused multiple times to meet the needs of different users to perform one or more functions to achieve specific goals. Office amenities

3. refer to a collection of office equipment and accompanying services provided to serve the needs of organizations/users within a specific space including computer provision, internet-WiFi connection, fax machine, photocopier, projector, scanner, work desks, and other office equipment and services. 1. Organizations and individuals have the right to establish SME incubation centers, technical support centers, and shared working spaces in accordance with the provisions of the law.

Article 4. General Principles

2. The quantification and calculation of specific data when establishing SME incubation centers, technical support centers, and shared working spaces shall be carried out by organizations and individuals based on their current needs and capabilities.

3. Organizations and individuals may choose to establish SME incubation centers, technical support centers, and shared working spaces independently or in combination and comply with the provisions of this Circular.

4. Organizations and individuals may establish SME incubation centers, technical support centers, and shared working spaces under the form of public institutions, enterprises, or other forms as prescribed by law.

5. The authority, procedures, and formalities for certifying SME incubation centers, technical support centers, and shared working spaces shall be implemented in accordance with the current laws.

GUIDELINES FOR THE ESTABLISHMENT OF SME INCUBATION CENTERS,

Chapter II

TECHNICAL SUPPORT CENTERS, AND SHARED WORKING SPACES

TECHNICAL BASE, COMMON WORK AREA

Article 5. Functions of incubation facilities, technical facilities, and shared workspace areas

1. Functions of incubation facilities:

a) Support the use of machinery, equipment, and technical infrastructure to refine business ideas and improve technology;

b) Provide advisory and training services including: incubation technology, intellectual property, legal, financial, corporate management, investment connection;

c) Advise on the development of business plans and models;

d) Provide necessary resources to support small and medium-sized enterprises during their initial development phase;

đ) Have an incubation process for small and medium-sized enterprises.

2. Functions of technical facilities:

a) Support the use of shared equipment to perfect products, goods, and services;

b) Support and provide one or more services according to their functions and fields including: design services, testing, calibration, measurement instrument testing, metrology standards; technology evaluation, valuation, and appraisal services; product quality testing services; product quality testing services during use; product quality appraisal services; product certification services, management system; conformity assessment organization recognition services.

3. Functions of shared workspace areas:

a) Provide shared working space, product display space, office amenities serving startup activities;

b) Provide services to organize events to connect investors and customers;

c) Provide startup training courses with mentoring from startup trainers and startup investors.

Article 6. Organizational structure, physical and technical infrastructure, and financial resources for incubation facilities

1. The organizational structure must meet the following requirements:

a) The head must have a bachelor's degree or higher and relevant work experience in one of the advisory fields: investment, finance, business development support, technology incubation, enterprise incubation;

b) A team of consulting experts with scientific credentials and contractual agreements with the incubation facility in accordance with the law. Consulting experts must have a relevant educational background or work experience suitable for the advisory field;

c) A workforce to operate the machinery and equipment of the incubation facility under labor contracts with the incubation facility.

2. Physical and technical infrastructure must meet the following requirements:

a) Legal premises and land use rights ensuring working space for incubated entities, meeting rooms, and functional rooms;

b) Ensure sufficient area for incubation projects;

c) Laboratories or experimental production areas ensuring necessary machinery and equipment for incubation activities;

d) Meeting rooms or conference halls equipped with appropriate devices for organizing domestic and international seminars and conferences, as well as for meetings and group work;

đ) Establish a database or have access to and utilize databases related to technology, technology experts, and consulting experts involved in incubation activities.

3. Incubation facilities must demonstrate financial resources to ensure the operation of the facility and implement support plans for participating entities.

4. Ensure compliance with regulations for businesses in industries and professions subject to conditions as stipulated by law.

Article 7. Organizational structure, infrastructure, physical and technical facilities, financial resources for technical facilities

1. The organizational structure must meet the following requirements:

a) The head has a bachelor's degree or higher and experience working in the field of operation of the technical facility;

b) A team of consulting experts with scientific credentials and contracts with the technical facility in accordance with the provisions of the law. Consulting experts have a relevant field of study or work experience suitable for the advisory field;

c) A team of personnel operating laboratories, machinery, and equipment belonging to the technical facility with labor contracts with the technical facility.

2. Physical and technical infrastructure must meet the following requirements:

a) Headquarters and land use must be legal, ensuring space for functional rooms;

b) Laboratories or testing rooms equipped with essential devices to ensure one or more activities including design, testing, measurement, analysis, appraisal, and certification to perfect ideas, prototypes, and products;

3. For technical facilities, it is necessary to prove the financial source to ensure the operation of the technical facility and implement support plans for participants in support activities and service usage at the technical facility.

4. Ensure compliance with regulations for businesses in industries and professions subject to conditions as stipulated by law.

Article 8. Organizational structure, infrastructure, physical and technical facilities, financial resources for shared workspace

1. The organizational structure must meet the following requirements:

a) The head has a bachelor's degree or higher;

b) A team of consulting experts with scientific credentials and contracts with the shared workspace in accordance with the provisions of the law;

c) A team of personnel with labor contracts with the shared workspace to operate activities, organize events, connect cooperation, and investment;

2. Physical and technical infrastructure must meet the following requirements:

a) Headquarters and land use must be legal, ensuring space for shared workspace and functional rooms;

b) Ensure space for product display and technology demonstration;

c) Ensure meeting rooms or halls equipped with appropriate devices for organizing domestic and international seminars, conferences, and used as meeting rooms and group workspaces;

d) Ensure office amenities serving participants;

3. For shared workspaces, it is necessary to prove the financial source to ensure the operation of the shared workspace and implement support plans for participants in the shared workspace.

Chapter III

IMPLEMENTATION

Article 9. Responsibilities of incubators, technical facilities, and shared workspaces

Incubators, technical facilities, and shared workspaces report on their operational status according to Model No. 01-BCCS issued under this Circular to the specialized agency on science and technology under the provincial People's Committee or the municipal People's Committee directly under the central government where the main headquarters is located before December 5th each year.

Article 10. Responsibilities of the management agency on science and technology

1. The Department of Market Development and Science and Technology Enterprises is responsible for:

a) Taking the lead and coordinating with related agencies and units to organize guidance and implementation of this Circular;

b) Promoting and disseminating legal regulations and policies regarding incubators, technical facilities, and shared workspaces;

c) Updating lists and operational statuses of incubators, technical facilities, and shared workspaces;

d) Annually compiling and reporting to the Ministry of Science and Technology on the operational status of incubators, technical facilities, and shared workspaces before December 20th;

đ) Proposing measures to promote the development of incubators, technical facilities, and shared workspaces based on practical conditions for approval by the competent authority to formulate support programs and plans in specific phases;

2. Specialized agencies on science and technology under the provincial People's Committee or the municipal People's Committee directly under the central government are responsible for:

a) Disseminating information about policies and laws to organizations and individuals establishing incubators, technical facilities, and shared workspaces within the province or city as stipulated in this Circular;

b) Supporting incubators, technical facilities, and shared workspaces to meet conditions for enjoying preferential policies as prescribed;

c) Annually compiling and reporting in writing on the operational status, results of supporting small and medium-sized enterprises and innovative startups by incubators, technical facilities, and shared workspaces within the province or city according to Model No. 02-BC issued under this Circular and sending to the Ministry of Science and Technology before December 10th for consolidation;

Article 11. Transitional Provisions

1. Technology incubators and science and technology enterprise incubators established and operating according to Circular No. 16/2014/TT-BKHCN dated June 13, 2014, of the Minister of Science and Technology, which stipulates the conditions for establishment and operation of intermediary organizations in the science and technology market, are recognized as incubators under this Circular;

2. Clause 6, Article 3, and Article 10 of Circular No. 16/2014/TT-BKHCN dated June 13, 2014, of the Minister of Science and Technology, which stipulates the conditions for establishment and operation of intermediary organizations in the science and technology market, cease to be effective from the date this Circular takes effect;

Article 12. Implementation Provisions

1. This Circular takes effect from February 12, 2021;

2. During the implementation process, if there are any difficulties, agencies, organizations, and individuals are requested to promptly reflect them to the Ministry of Science and Technology for review, amendment, and supplementary guidance./.