Circular No. 15/2023/TT-BKHCN amending and supplementing certain articles of Circular No. 32/2011/TT-BKHCN and Circular No. 03/2014/TT-BKHCN.

CIRCULAR

Amending and supplementing some articles of Circular No. 32/2011/TT-BKHCNand Circular No.

03/2014/TT-BKHCN

____________________________

Pursuant to the High Technology Law dated November 13, 2008;

Pursuant to the Law on Science and Technology dated June 18, 2013;

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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;

Camendn cứ Decision No. 55/2010/QĐ-TTg dated September 10, 2010 of the Prime Minister guiding the authority, procedures, and formalities for certifying organizations and individuals engaged in applying high technology, certifying organizations and individuals researching and developing high technology, and recognizing high technology enterprises;

At the proposal of the Director of the Legal Department and The Director of the Office of Registration of Scientific and Technological Activities; 

The Minister of Science and Technology issues this Circular amending and supplementing Circular No. 32/2011/TT-BKHCN and Circular No. 03/2014/TT-BKHCN

Article 1. Amending and supplementing some articles and replacing some forms of Circular No. 32/2011/TT-BKHCN dated November 15, 2011 of the Minister of Science and Technology stipulating criteria for high technology application projects, high technology product production investment projects, and the examination of applications for certificates of high technology application activities, newly established enterprises from high technology product production investment projects, high technology enterprises, which have been amended and supplemented by Circular No. 04/2020/TT-BKHCN

1. Amend and supplement Clause 2 of Article 7 as follows:

"2. The content and level of expenditure shall be applied according to the provisions of Circular No. 03/2023/TT-BTC dated January 10, 2023 of the Minister of Finance on the preparation of budget estimates, management and use, and settlement of state budget funds for the implementation of science and technology tasks and related documents."

2. Supplement Clause 4 of Article 9 as follows:

“4. A Vietnamese citizen may use an electronic identity account at Level 2 to replace a copy of the Identity Card, Citizen Identification Card, or Passport when performing procedures to apply for a Certificate of High Technology Application Activity.”

3. Replace forms B1-CNHĐUD, B1-DNTLM, B1-DNCNC, B2-TMDNTLM, B4-HĐUD, B4-DNTLM, B4-DNCNC with forms B1-CNHĐUD, B1-DNTLM, B1-DNCNC, B2-TMDNTLM, B4-HĐUD, B4-DNTLM, B4-DNCNC in Appendix I issued together with this Circular.

Article 2. Amending and supplementing some articles and replacing some forms of Circular No. 03/2014/TT-BKHCN dated March 31, 2014 of the Minister of Science and Technology guiding conditions for establishment and registration of scientific and technological organizations, representative offices, and branches of scientific and technological organizations

1. Amend and supplement Point c Clause 4 of Article 6 as follows:

“c) For non-state scientific and technological organizations with foreign capital, in addition to the List of Human Resources according to Form 8 in the Appendix issued together with this Circular, the following additional documents must also be provided:

- For regular staff:

+ Application for Regular Employment according to Form 9 in the Appendix issued together with this Circular;

+ Certified copies of educational certificates. In case of necessity, the issuing authority has the right to request the original relevant documents related to the individual's file for verification.

- For part-time staff:

+ Application for Part-time Employment according to Form 10 in the Appendix issued together with this Circular;

+ Certified copies of educational certificates.

In case of necessity, the issuing authority has the right to request the original relevant documents related to the individual's file for verification."

2. Replace Forms 1, 2, 3, 4, 5, 6, 9, 10, 11, 14, 15, 21, 22 in the Appendix with Forms 1, 2, 3, 4, 5, 6, 9, 10, 11, 14, 15, 21, 22 in Appendix II issued together with this Circular.

Article 3. Effectiveness

1. This Circular takes effect from August 1, 2023.

2. During the implementation process, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to promptly reflect them in writing to the Ministry of Science and Technology for consideration and resolution./.