Circular No. 10/2009/TT-BKHCN guiding the technical review of investment projects

✦ 智能摘要

Circular No. 10/2009/TT-BKHCN guides the technical review of investment projects approved by the Prime Minister or Provincial People's Committees, Industrial Park Management Boards issuing Investment Certificates. The Circular stipulates the contents, procedures, and formalities for the technical review, and specifies the support funding for this work.

适用范围

Agencies and organizations conducting the technical review of investment projects; organizations and individuals related to the technical review of investment projects.

要点

Agencies organizing the technical review need to examine technologies listed in the Catalogue of Encouraged, Restricted, or Prohibited Technology Transfers; the completeness and advancement of production lines; and the competitiveness of products.
Review products produced by the technology, product markets, scale of technology, product quality standards, and raw material utilization capacity.
Assess the economic and social effectiveness and environmental impact of the project.
Investment projects in high-tech zones must meet specific criteria.
Support funding for the technical review work is allocated within the regular budget estimate, with specific expenditure levels as prescribed.

🌐 本文件的社会影响

Positive impacts: Strengthening technical management and supervision of investment projects, ensuring the use of advanced technology, contributing to socio-economic development.
Negative impacts: It may impose financial burdens on businesses that have to conduct the technical review of technology.

❓ 常见问题

How should the technology of investment projects be examined?

Examine technologies listed in the Catalogue of Encouraged, Restricted, or Prohibited Technology Transfers; the completeness and advancement of production lines; and the competitiveness of products.

What requirements are there for reviewing investment projects in high-tech zones?

Must meet specific criteria according to the Regulations on Standards for Determining High-Tech Product Production Projects.

How is the support funding for the technical review work allocated?

The funding is allocated within the regular budget estimate, with specific expenditure levels as prescribed.

What aspects of the product market should investment projects consider?

Consider market demand (domestic and international), export ratio, rationality of technology scale, and product competitiveness.

What is the duration for the technical review of investment projects?

Within 15 working days from the date of receipt of the technical review application dossier.

全文

CIRCULAR

Guidelines for Technology Review of Investment Projects

__________________________

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;

Based on the Investment Law 2005;

Pursuant to Decree No. 108/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Investment Law;

Based on Decree No. 133/2008/NĐ-CP dated December 31, 2008 of the Government detailing and guiding the implementation of certain provisions of the Technology Transfer Law;

The Ministry of Science and Technology guides the technology review of investment projects at the stage of considering issuance of the Investment Certificate as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

These Circulars guide the technology review of investment projects approved by the Prime Minister's investment approval; projects issued with Investment Certificates by provincial People's Committees, industrial park management boards, export processing zone management boards, high-tech area management boards, and economic zones as stipulated in Article 37, Article 38, and Article 39 of Decree No. 108/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Investment Law.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

The objects subject to this Circular include:

a) Authorities responsible for reviewing technology of investment projects as provided in Part IV of this Circular.

b) Organizations and individuals related to the technology review of investment projects.

II. CONTENTS OF TECHNOLOGY REVIEW

In the project proposal dossier, the following contents need to be reviewed:

1. Project technology

a) Review whether the technology falls under the Catalogue of Encouraged Technology Transfers, the Catalogue of Restricted Technology Transfers, or the Catalogue of Prohibited Technology Transfers issued together with Decree No. 133/2008/NĐ-CP dated December 31, 2008 of the Government detailing and guiding the implementation of certain provisions of the Technology Transfer Law.

b) Review the completeness of the technology: Depending on the type of product and production method, the technological flowchart may differ, but it must fully reflect all stages in the production chain to produce the anticipated products both in quantity and quality.

c) Review the level of advancement of the production line technology: A production line that reaches advanced levels is specialized, organized according to mechanical and automated methods, including digital technology application, with at least one-third (one-third) of the value of automatic equipment controlled by programs; there should be no heavy manual labor stages on the production line; the production line should be arranged in space ensuring industrial hygiene, labor safety, and environmental sanitation standards.

d) Selection of technology: Through the technology options presented in the investment project, it is necessary to analyze and compare the advantages and disadvantages of each option and based on the assessment of the completeness of the technology, the level of advancement of the production line technology, and the suitability of the technology to comment on the selected technology option.

đ) For investment projects in high-tech areas, in addition to the provisions set out in this Circular, they must meet the criteria specified in the Regulation on Standards for Determining High-Tech Production Projects issued together with Decision No. 27/2006/QĐ-BKHCN dated December 18, 2006 of the Minister of Science and Technology.

2. Products created by the technology, product market

a) Forecast demand for the market (domestic and foreign) taking into account similar products and the reliability of the forecast.

b) Forecast market share of the product created by the technology and export ratio.

c) Reasonableness of the scale of the technology.

d) Product quality standards applied.

đ) Competitiveness (in terms of quality, design, cost) of the product created by the technology.

3. Equipment in the production line technology

a) Equipment in the production line technology is reviewed based on whether the equipment has features and quality suitable to the requirements of the technology to produce products as expected in terms of quality and quantity.

b) The synchronization of equipment in the production line technology (the list of equipment in the investment project must demonstrate the ability to perform stages in the production line technology, meeting requirements for quantity and quality of products). Particularly for projects where foreign parties participate with capital contributions in the form of equipment, attention should be paid to avoid listing unnecessary equipment.

c) Based on the list of equipment in the investment project, specific considerations include:

- Origin of the equipment (country of manufacture, manufacturer).

- Code, characteristics, technical features of the equipment.

- Capacity of the equipment.

- Year of manufacture of the equipment.

- Condition of the equipment (new or used).

- Warranty period.

d) Method of purchasing equipment: Is there bidding? Reasons?

đ) In investment projects, it is encouraged to use new equipment. In cases where used equipment is imported, the current regulations of Vietnamese law must be strictly followed.

4. Raw materials, fuels, materials, spare parts, components for production

a) Review the capacity for exploitation, supply, transportation, and storage of raw materials for the project.

b) Review the types, quantities, and values of spare parts, components, or semi-finished products that must be imported for assembly, manufacturing, and production.

c) Review the types, quantities, and values of raw materials, fuels, and materials that must be imported, the possibility of using local and domestic raw materials, and the ability to use environmentally friendly raw materials.

5. Effectiveness of the project

When evaluating the effectiveness of the project, including the contribution of technology, the following aspects need to be considered:

a) Economic and social benefits brought about by the project (ability to create new production capacity, new industries, new products, expand markets, provide employment for workers, contribute to state budget revenues, economic benefits for the project owner, etc.).

b) The effectiveness of the technology for the locality and industry (improving the production technology level of the industry, contributing to technological innovation in the locality, increasing product value, creating key products, and products with strengths of the locality).

6. Other related issues (if any)

III. PROCEDURE, PROCEDURES, AND SUPPORTING FEES FOR TECHNOLOGY REVIEW WORK

1. Application dossier for technology review

The application dossier for technology review includes:

a) Official letter requesting technology review of the investment project sent by the authority issuing the Investment Certificate.

b) Documents included in the application dossier for the issuance of the Investment Certificate.

c) Economic-technical justification, including technological solutions such as: technological process; analysis and selection of technological options; list of machinery and equipment; technological production lines; assessment of the impact of technology on the environment and economic-social efficiency.

d) Draft technology transfer contract (if the investment project includes capital contribution in the form of technology).

2. Procedure for reviewing technology

a) Within fifteen working days from the date of receipt of the application for technology review, the agency organizing the technology review shall study and issue a review opinion on the technology to the competent authority issuing the Investment Certificate.

b) For projects with clear technological content within the expertise of the staff of the agency organizing the technology review, the agency organizing the technology review shall directly handle and issue a written review opinion to the competent authority issuing the Investment Certificate for consolidation during the process of considering and issuing the Investment Certificate. The technology review form for investment projects and the content of the technology review document for investment projects shall be in accordance with the models prescribed in Appendices I and II of this Circular.

c) For projects with complex technological content, inter-disciplinary nature, or wide-ranging impact requiring opinions from experts and specialized agencies, depending on the complexity of the technology of the investment project, the head of the agency organizing the technology review of investment projects shall decide on obtaining expert opinions, counter-arguments from individuals or organizations specializing in the field, organizing advisory meetings, or establishing a review board to examine the matter.

- For projects that require expert opinions, the agency organizing the technology review shall send the project files to the experts for comments. The experts consulted must have appropriate qualifications and at least five years of experience in the relevant field. The expert's evaluation form for the technology of investment projects shall be in accordance with the model prescribed in Appendix III of this Circular.

- For projects that require organizing advisory meetings, the participants invited must be specialists in the relevant field with at least five years of experience in the field under review and representatives of related specialized management agencies. The minutes of the advisory meeting must fully reflect all discussion points, conclusions of the meeting chairperson, and include a list of attendees. The minutes of the technology review advisory meeting for investment projects shall be in accordance with the model prescribed in Appendix IV of this Circular.

- For projects that require organizing a review board, the agency organizing the technology review shall issue a decision to establish a technology review board for investment projects. The review board must have a minimum of seven members, two-thirds of whom must be specialists in the relevant field with at least five years of direct work experience in the field under review, and the chairman of the board must be a leading specialist with credibility in the field under review. The conclusion of the board serves as the basis for the agency organizing the technology review to issue an opinion on the technology of the investment project.

The evaluation form of the review board member for the technology of investment projects and the minutes of the review board for investment projects shall be in accordance with the models prescribed in Appendices V and VI of this Circular.

3. Funding for supporting the technology review of investment projects

a) Source of funding: Annually, the agency organizing the technology review of investment projects shall prepare a budget estimate for supporting the technology review work, which is included in the regular expenditure budget allocated to the agency or organization conducting the technology review. The central government budget implements funding for technology review tasks carried out by the Ministry of Science and Technology; local budgets fund technology review tasks for investment projects assigned by the provincial People's Committees to the Provincial Departments of Science and Technology.

b) Content of expenditure:

- Expenses for consulting experts, evaluations;

- Expenses for organizing advisory meetings;

- Expenses for organizing review boards;

- Travel, accommodation, and meal expenses for experts and board members from distant locations;

- Printing costs for documents and refreshments serving the meetings.

c) Amount of expenditure:

Apply the expense levels specified in Clause a, Paragraph 4, Part II of Joint Circular No. 44/2007/TTLT-BTC-BKHCN dated May 7, 2007 issued by the Ministry of Finance and the Ministry of Science and Technology, and based on the annual state budget allocation plan, specifically:

- For advisory meetings:

+ Chairing the meeting: 300,000 VND.

+ Meeting secretary: 200,000 VND.

+ Expert opinions: Maximum not exceeding 300,000 VND per expert.

+ Attending delegates: 70,000 VND per delegate.

- For technology review boards:

+ Board chair: 300,000 VND.

+ Board members and scientific secretaries: 200,000 VND per member.

+ Counter-arguments: Depending on the content of the technology and the complexity of the project, the maximum expense does not exceed 450,000 VND per counter-argument member.

+ Administrative secretaries: 150,000 VND per delegate.

+ Attending delegates: 70,000 VND per delegate.

- Regarding travel, accommodation, and meal expenses for experts and board members, printing costs for documents, and refreshments serving the meetings, the review boards shall follow the regulations on travel expenses and conference fees.

Staff participating in project reviews according to their assigned functions and responsibilities, who receive salaries from the state budget, shall not be entitled to review-related expenses.

d) Compliance and settlement of funds:

- Annually, based on the allocated budget estimates, the agency implementing the technology review of investment projects shall implement expenditures in accordance with the provisions of this Circular and other state budget management regulations.

- The settlement of funds shall be carried out in accordance with the State Budget Law and guiding documents.

IV. IMPLEMENTATION

1. The Ministry of Science and Technology organizes the technology review of investment projects as stipulated in Clause 2, Article 76 of Decree No. 108/2006/NĐ-CP dated September 22, 2006 of the Government. The Department of Evaluation, Review, and Technical Appraisal under the Ministry of Science and Technology is the unit responsible for organizing the review.

2. The Provincial Departments of Science and Technology organize the technology review of investment projects within the jurisdiction of the People's Councils of provinces as prescribed in Article 80 of Decree No. 108/2006/NĐ-CP dated September 22, 2006 of the Government.

3. For construction investment projects, if the project appraisal agency has a document requesting the competent state agency on science and technology to provide opinions on technology, technological schemes, and technological production lines for projects with technological requirements, then the technology appraisal of construction investment projects may apply the contents stipulated in this Circular.

V. IMPLEMENTATION PROVISIONS

1. This Circular shall take effect 45 days from the date of signature.

2. This Circular replaces Circular No. 55/2002/TT-BKHCNMT dated July 23, 2002 of the Ministry of Science, Technology and Environment guiding the appraisal of technology and environment for investment projects.

3. During the implementation of this Circular, if there are any difficulties, relevant ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees under the central government, and related agencies, organizations, and individuals shall promptly reflect such issues to the Ministry of Science and Technology for research and amendment./.

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Circular No. 10/2009/TT-BKHCN guiding the technical review of investment projects

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Tiếng Việt Thông tư số 10/2009/TT-BKHCN Hướng dẫn thẩm tra công nghệ các dự án đầu tư 한국어 시행령 제 10/2009/TT-BKHCN 기술 검토에 관한 지침 투자 프로젝트 中文通知第10/2009/TT-BKHCN号关于投资项目技术审查的指导意见

Circular No. 10/2009/TT-BKHCN guiding the technical review of investment projects

适用范围

要点

🌐 本文件的社会影响

❓ 常见问题

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