Circular No. 32/2011/TT-BKHCN stipulates criteria for determining high-tech application projects, high-tech product manufacturing investment projects, and the review of applications for High-Tech Application Activity Certification. It applies to Vietnamese organizations and individuals, overseas Vietnamese residents, and foreign organizations and individuals participating in or implementing such projects in Vietnam.

CIRCULAR

Regulations on determining criteria for high technology application projects, high technology product manufacturing investment projects, and reviewing applications for issuance of certificates for high technology application activities, newly established enterprises from high technology product manufacturing investment projects, and high technology enterprises review and examine the application for a Certificate of High-Tech Application Activities, high-tech enterprises newly established from high-tech product manufacturing investment projects, high-tech enterprises

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

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 Decision No. 49/2010/QĐ-TTg dated July 19, 2010 of the Prime Minister approving the List of High Technologies Prioritized for Investment and Development and the List of High Technology Products Encouraged for Development;

Pursuant to 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 high technology application activities, certifying organizations and individuals conducting research and development of high technologies, and recognizing high technology enterprises;

The Minister of Science and Technology hereby stipulates the criteria for high technology application projects, high technology product manufacturing investment projects, and the review of applications for issuance of certificates for high technology application activities, newly established enterprises from high technology product manufacturing investment projects, and high technology enterprises as follows:

Article 1. Scope of Regulation and Applicability

This Circular stipulates the determination of criteria for high technology application projects and high technology product manufacturing investment projects implemented in Vietnam; the review of applications for issuance of certificates for high technology application activities, newly established enterprises from high technology product manufacturing investment projects, and high technology enterprises (hereinafter referred to as the Certificate). This Circular applies to Vietnamese organizations and individuals, overseas Vietnamese, and foreign organizations and individuals participating in or implementing high technology application activities, newly established enterprises from high technology product manufacturing investment projects, and high technology enterprises in Vietnam.

Article 2. Criteria for Determining High Technology Application Projects

1. A project shall be determined as a high technology application project if it meets the following criteria:

b) The high technology application project must fall under one of the following cases: - Utilizing results of high technology research to innovate technology, improve the added value of products, contributing to modernization or the formation of new production and service sectors in Vietnam; - Testing production of high technology products to perfect technology; - Mastering and adapting imported high technology to Vietnamese conditions, using domestic raw materials, materials, components, and spare parts to replace imports.

2. For high technology application projects already underway or being implemented, when submitting an application for issuance of the Certificate, they must fully meet the criteria stipulated in Clause 1 of this Article.

3. For high technology application projects not yet underway, when submitting an application for issuance of the Certificate, they must commit to meeting the criteria stipulated in Clause 1 of this Article within 12 months from the date of issuance of the Certificate.

Article 3. Criteria for determining high-tech product production investment projects

1. An investment project to produce high-tech products shall be identified as a high-tech product production investment project if it meets the following criteria:

b) The products produced from the high-tech product production investment project must have superior quality, features, high added value, environmental friendliness, and the ability to replace imported products;

c) The technological process of the project must reach advanced levels and be controlled by programs. Major equipment in the technological process must be updated with new technologies within five years prior to the time of investment in the project's field of operation;

2. For high-tech product production investment projects that have been or are being implemented, when submitting an application for certification, they must fully meet the criteria stipulated in Clause 1 of this Article;

3. For high-tech product production investment projects that have not yet commenced, when submitting an application for certification, they must commit to meeting the criteria stipulated in Clause 1 of this Article within twelve months from the date of issuance of the certificate;

1. Within ten working days from the date of receipt of complete and valid documents, the Director of the High-Tech Activities Certification Office and the Science and Technology Enterprise (hereinafter referred to as the Certification Office) shall issue a decision to establish an Expert Team to review the application for certification;

a) The Expert Team to review the application consists of five to seven members, including: the Team Leader who is a representative of the Certification Office leadership, the Secretary of the Expert Team who is an officer of the Certification Office, representatives of some related units under the Ministry of Science and Technology, experts, and scientists in the relevant fields;

b) Reviewing the application - The Secretary of the Expert Team provides relevant materials to the Expert Team at least five working days before the review meeting; - The Expert Team meeting is held within ten working days from the date of establishment and must have at least two-thirds of the members present. The Expert Team operates based on collective principles, conducts secret ballot voting on whether to agree or disagree with issuing the certificate, and the result follows the majority when at least two-thirds of the present members agree;

c) Based on the conclusion of the Expert Team, the Certification Office completes the application and submits it to the Minister of Science and Technology for consideration and decision on issuing the certificate to the applicant organization or individual;

2. In cases where the application for certification is complex and large-scale, the Director of the Certification Office proposes the Minister of Science and Technology to establish an Advisory Council to review the application;

a) The Minister of Science and Technology issues a decision to establish the Advisory Council to review the application for certification (hereinafter referred to as the Council) based on the proposal of the Director of the Certification Office;

b) The Council consists of nine to eleven members, including the Chairman, Vice-Chairman, and Council members. The Council has two opposing members who are Council members with deep expertise in the field of the application for certification. The composition of the Council includes: half are reputable experts with a sense of responsibility, appropriate qualifications, and deep expertise in the assigned high-tech field, with at least five years of recent experience in the assigned high-tech field; the other half are representatives of state management agencies, policy-making agencies, ministries, sectors, holding companies, economic groups, and enterprises. Individuals related to the organization or individual with the application for certification are not allowed to participate in the Council;

c) The Council operates according to the provisions of Articles 5 and 6 of this Circular. During implementation, if there are difficulties, the Director of the Certification Office reports to the Minister of Science and Technology for consideration and decision;

d) The Certification Office organizes the review meeting of the application for certification. Members of the Council conduct fair, impartial, and objective evaluations according to the provisions of this Circular and related documents. The Council is responsible for keeping confidential information related to the application for certification;

đ) Based on the Council's conclusion, the Certification Office completes the application and submits it to the Minister of Science and Technology for consideration and decision on issuing the certificate to the applicant organization or individual;

3. Information about organizations and individuals granted the certificate is published on the website of the Certification Office;

1. The Council works based on documents provided by the Certification Office, which are sent to Council members at least five days before the Council meeting;

2. The Council meeting must have at least two-thirds of the Council members present, including the Chairman or Vice-Chairman chairing the meeting and having at least two opposing members. Written opinions of absent members only have reference value. If necessary, the Council may recommend the Ministry of Science and Technology (through the Certification Office) to invite external experts with deep expertise in the field of the application for certification to serve as opposing experts to evaluate the application for certification.

3. The Council operates on the principle of democracy and objectivity; each member is individually responsible for the objectivity and accuracy of the contents in the application dossier for the issuance of the Certificate, and collectively responsible for the Council's final conclusion.

1. The Council assigns one member to serve as the Council's secretary to record the opinions of the members, minutes of the Council's work results, and other related documents.

2. Reviewing members present their opinions and comments on each content and information declared in the application dossier for the issuance of the Certificate; they evaluate strengths and weaknesses specifically according to the requirements stipulated.

3. The Council discusses and provides feedback on each criterion and condition for evaluating the application dossier for the issuance of the Certificate. In cases where external experts are invited to review, after answering questions from Council members, these reviewing experts do not continue to attend the Council's meeting.

4. The Council conducts a voting process to assess the application dossier for the issuance of the Certificate. The Council elects a Voting Committee (consisting of three Council members, including one Chairperson) and proceeds with a secret ballot vote on whether to agree or disagree with the issuance of the Certificate.

5. Based on the Voting Committee's results, the application dossier for the issuance of the Certificate must receive at least two-thirds of the Council members' votes in favor of issuing the Certificate at the meeting, and this number of members must ensure that it is not less than half of the total number of Council members. The Council prepares minutes of the Council's work results and sends them to the Certification Office.

6. Upon completion of the evaluation process, the Certification Office compiles and completes the application dossier for the issuance of the Certificate, and submits it to the Minister of Science and Technology for consideration and decision on the issuance of the Certificate.

3. Annually, based on the allocated budget estimate, the Certification Office implements expenditures in accordance with the provisions of this Circular and state budget management regulations. The settlement and finalization of funds are carried out in accordance with the State Budget Law and guiding documents.

Article 8. Forms of the Application Dossier for the Issuance of the Certificate

1. Form of the application for the issuance of the Certificate for high-tech application activities for organizations and individuals (Form B1-TCHĐUD, CNHĐUD); application for the issuance of the Certificate for new enterprises established from investment projects producing high-tech products (Form B1-DNTLM); application for recognition of high-tech enterprises (Form B1-DNCNC).

2. Form of the project description for high-tech application activities (Form B2-TMDAUD); enterprise description meeting the criteria for investment projects producing high-tech products (Form B2-TMDNTLM); enterprise description meeting the conditions stipulated in Clause 1, Article 18 of the High-Tech Law (Form B2-TMDNCNC).

3. Form of the application for confirmation of the project description for high-tech application activities (Form B3-XNDAUD).

4. Form of the Certificate for high-tech application activities for organizations and individuals (Form B4-HĐUD); Certificate for new enterprises established from investment projects producing high-tech products (Form B4-DNTLM); Certificate for high-tech enterprises (Form B4-DNCNC).

1. Organizations and individuals who are granted the Certificate are required to submit reports on the results of their activities to the Certification Office within twelve months from the date of issuance of the Certificate.

2. The Certification Office is responsible for receiving applications, organizing evaluations; inspecting and resolving issues arising during the implementation of this Circular, and submitting matters exceeding its authority to the Minister of Science and Technology.

Article 10. Provisions on implementation

1\. This Circular takes effect forty-five days from the date of issuance.

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