Decision No. 19/2018/QD-TTg stipulates criteria, authority, procedures, and formalities for recognizing high-tech agricultural enterprises.

Pursuant to …;

Regulations on criteria, authority, procedures, and formalities for recognizing high-tech agricultural enterprises

high-tech agricultural enterprises

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Pursuant to the Law on Government Organization dated June 19, 2015;

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

Pursuant to the Investment Law dated June 26, November 2014;

At the proposal of the Minister of Agriculture and Rural Development;

The Prime Minister issues this Decision stipulating criteria, authority, procedures, and formalities for recognizing high-tech agricultural enterprises.

Article 1. Scope of Regulation and Applicability

Article 1. This Decision stipulates criteria, authority, procedures, and formalities for recognizing high-tech agricultural enterprises with a time-limited validity.

Article 2. This Decision applies to agencies, organizations, and individuals related to the recognition activities of high-tech agricultural enterprises in Vietnam.

Article 2. Criteria for identifying high-tech agricultural enterprises

A high-tech agricultural enterprise is an enterprise that fully meets the conditions prescribed in Clause 1, Article 19 of the High Technology Law, specifically:

1. Applying advanced technologies listed in the Priority Advanced Technology Investment Development Catalogue as stipulated in Article 5 of the High Technology Law for agricultural product production.

2. Producing agricultural products of high quality, productivity, value, and efficiency, with revenue from high-tech agricultural products accounting for at least 60% of the annual net revenue.

3. Engaging in research, experimental application of advanced technology, and technology transfer for agricultural product production, with total expenditure on research and development conducted in Vietnam accounting for at least 0.5% of annual net revenue; the number of employees with university-level qualifications or higher directly involved in research and development accounting for at least 2.5% of the total workforce of the enterprise.

4. Implementing environmentally friendly and energy-saving measures in production and management to ensure that agricultural products meet Vietnamese technical standards or international standards.

Article 3. Authority for Recognizing High-Tech Agricultural Enterprises

1. The People's Committee of the province is the competent authority to issue Certificates of High-Tech Agricultural Enterprises to enterprises registered to operate within its jurisdiction.

2. The Department of Agriculture and Rural Development shall be responsible for organizing the review of applications for recognition submitted by enterprises and presenting them to the People's Committee of the province for consideration and decision on the recognition of high-tech agricultural enterprises.

Article 4. Procedures and Formalities for Issuing Certificates of High-Tech Agricultural Enterprises

1. Organizations and individuals shall prepare an application for issuing a Certificate of High-Tech Agricultural Enterprise and submit it via postal service or deliver it directly to the Department of Agriculture and Rural Development of the provincial or centrally-administered city where the enterprise is registered to operate.

2. The application shall be prepared in two sets, including:

a) A request for recognition as a high-tech agricultural enterprise according to Model No. 01 stipulated in the Appendix attached to this Decision;

b) A copy of the Business Registration Certificate or Investment Certificate or Science and Technology Enterprise Certificate issued to the enterprise;

c) An explanation of how the enterprise meets all the criteria set forth in Article 2 according to Model No. 02 stipulated in the Appendix attached to this Decision, along with evidence for the contents of the explanation, including: Copies of the financial reports of the enterprise for the two consecutive years prior to the application for recognition as a high-tech agricultural enterprise; copies of research contracts, technology transfer contracts, procurement contracts for equipment and materials for technological innovation, products... of the enterprise; copies of labor contracts and diplomas of employees with university-level qualifications or higher currently engaged in research and development at the enterprise; copies of certificates of conformity to standards or regulations still in effect for products or goods produced by the enterprise; copies of environmental protection documentation issued by competent authorities.

3. Procedures and Formalities for Reviewing and Issuing Certificates of High-Tech Agricultural Enterprises

a) Within five working days from the date of receipt of the application, the Department of Agriculture and Rural Development shall be responsible for checking the completeness and validity of the application, deciding to establish a Review Team for Recognition Applications of High-Tech Enterprises (hereinafter referred to as the Review Team) for complete and valid applications or notify the enterprise in writing about the incompleteness or invalidity of the application, and the time for the enterprise to supplement and perfect the application will not be counted towards the review period. The Review Team shall consist of seven to nine members, including: The team leader being a representative of the leadership and one secretary who is a specialist from the Department of Agriculture and Rural Development; other members include representatives from the Departments of Finance, Planning and Investment, Justice, Natural Resources and Environment, Science and Technology; additionally, relevant experts may be invited;

b) Within seven working days from the date of establishment of the Review Team, the Review Team shall convene a meeting to review the application when at least two-thirds of the members are present. The Review Team shall be responsible for evaluating the application prepared by the enterprise regarding its completeness, accuracy, and compliance with the stipulated conditions; preparing minutes of the meeting and sending them to the Department of Agriculture and Rural Development;

c) Within three working days from the date of the meeting, based on the results of the Review Team's meeting, the Department of Agriculture and Rural Development shall submit to the People's Committee of the province for consideration and decision on issuing a Certificate of High-Tech Agricultural Enterprise;

d) Within three working days from the date of receipt of the consolidated results from the Department of Agriculture and Rural Development, the People's Committee of the province shall be responsible for deciding to issue a Certificate of High-Tech Agricultural Enterprise and send it to the enterprise; in case of refusal to issue the certificate, the enterprise must be notified in writing with specific reasons provided;

e) The cost of convening the Review Team shall be covered by the local budget, in accordance with current regulations.

4. The model of the Certificate of High-Tech Agricultural Enterprise according to Model No. 03 stipulated in the Appendix attached to this Decision.

Article 5. Effectiveness of the High-Tech Agriculture Enterprise Certificate

1. The High-Tech Agriculture Enterprise Certificate shall be valid for five years from the date of issuance.

2. The High-Tech Agriculture Enterprise Certificate serves as the basis for the enterprise to enjoy preferential policies as stipulated in Clause 2, Article 19 of the Law on High Technology and other benefits as prescribed by law.

Article 6. Reissuing the High-Tech Agriculture Enterprise Certificate

1. At least 45 days before the expiry date of the High-Tech Agriculture Enterprise Certificate, the enterprise shall prepare a dossier to request reissuance of the certificate.

2. The application shall be prepared in two sets, including:

a) A request for recognition as a high-tech agricultural enterprise according to Model No. 01 stipulated in the Appendix attached to this Decision;

b) A detailed explanation as prescribed in Point c, Clause 2, Article 4 of this Decision.

3. The procedures and formalities for reviewing the dossier to rerecognize the high-tech agriculture enterprise shall be carried out as prescribed in Clause 3 and Clause 4, Article 4 of this Decision.

4. In case the High-Tech Agriculture Enterprise Certificate is lost or damaged during its validity period but does not fall under the circumstances stipulated in Clause 1 of this Article, the enterprise shall submit a written request to the Department of Agriculture and Rural Development to have the provincial People's Committee issue a new certificate. Within five working days from the receipt of the enterprise’s request, the provincial People's Committee shall be responsible for issuing a new High-Tech Agriculture Enterprise Certificate and sending it to the enterprise.

Article 7. Revocation of the High-Tech Agriculture Enterprise Certificate

1. An enterprise shall have its High-Tech Agriculture Enterprise Certificate revoked if it falls under any of the following circumstances:

a) Ceasing business operations continuously for twelve months or more within the validity period of the High-Tech Agriculture Enterprise Certificate issued;

b) Submitting false documents when requesting the issuance of the High-Tech Agriculture Enterprise Certificate;

c) Violating any of the prohibitions stipulated in the Law on High Technology;

d) During the course of operation, failing to meet any of the requirements set forth in Article 2 of this Decision.

2. The provincial People's Committee shall issue a decision to revoke the High-Tech Agriculture Enterprise Certificate of an enterprise that violates any of the circumstances stipulated in Clause 1 of this Article, notify the enterprise whose certificate has been revoked, the tax authority of the province, and widely publicize the revocation decision on the province’s electronic information website.

Article 8. Responsibilities of the Provincial People's Committee

1. Issuing and revoking the High-Tech Agriculture Enterprise Certificate for enterprises registered to operate within the province; managing and supervising the activities of high-tech agriculture enterprises; recommending other localities or the Ministry of Agriculture and Rural Development (in cases where the certificate was issued by the Ministry of Agriculture and Rural Development) to revoke the certificate when an enterprise violates regulations within the province.

2. Periodically (monthly, annually) or at any time, compile reports on the recognition results of high-tech agriculture enterprises in the locality, and send them to the Ministry of Agriculture and Rural Development, the State Bank of Vietnam, and relevant ministries and sectors for consolidation and reporting.

Article 9. Responsibilities of the Ministry of Agriculture and Rural Development

Take the lead and coordinate with relevant ministries, sectors, and localities to inspect and audit the implementation of this Decision; consolidate reports.

Article 10. Effectiveness and Responsibility for Implementation

1. This Decision shall take effect from June 5, 2018.

This Decision replaces Decision No. 69/2010/QĐ-TTg dated November 3, 2010 of the Government Chairman on the authority, procedures, and formalities for recognizing high-tech agricultural enterprises.

Repeal Circular No. 50/2011/TT-BNNPTNT dated July 15, 2011 of the Ministry of Agriculture and Rural Development guiding the implementation of Decision No. 69/2010/QĐ-TTg dated November 3, 2010 of the Government Chairman on the authority, procedures, and formalities for recognizing high-tech agricultural enterprises.

2. Certificates issued by the Ministry of Agriculture and Rural Development to enterprises prior to the effective date of this Decision shall remain valid until their expiration date as stated on the Certificate. Procedures for reissuing expired Certificates shall be carried out in accordance with Article 6 of this Decision.

3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial People's Committees under central cities, and related agencies are responsible for implementing this Decision./.