Circular No. 33/2011/TT-BKHCN guiding the authority, procedures, and formalities for certifying new enterprises established from investment projects producing high-tech products encouraged for development.

CIRCULAR

Hguiding the authority, procedures, and formalities for certifying new enterprises established from investment projects to produce products listed

in the Domestic air passenger transport service on regular basic economy classlist of high-tech products encouraged for development

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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-Tech Fields Prioritized for Investment and Development and the List of High-Tech Products Encouraged for Development;

The Minister of Science and Technology guides the authority, procedures, and formalities for certifying new enterprises established from investment projects to produce products listed in Article 17, Clause 3 of the Law on High Technology as follows:

Article 1. Scope of Regulation

This Circular guides the authority, procedures, and formalities for certifying new enterprises established from investment projects to produce products listed in the List of High-Tech Products Encouraged for Development issued together with Decision No. 49/2010/QĐ-TTg dated July 19, 2010 of the Prime Minister (hereinafter referred to as new enterprises).

Article 2. Applicability

This Circular applies to new enterprises of all economic sectors established from investment projects to produce products in Vietnam listed in the List of High-Tech Products Encouraged for Development issued together with Decision No. 49/2010/QĐ-TTg dated July 19, 2010 of the Prime Minister.

Article 3. Authority to Issue the Certificate of New Enterprise Establishment

1. The Ministry of Science and Technology is the competent authority to issue and revoke the Certificate of New Enterprise Establishment (hereinafter referred to as the Certificate) for enterprises established from investment projects to produce products listed in the List of High-Tech Products Encouraged for Development.

2. The Office of High Technology Activities Certification and Science and Technology Enterprises under the Ministry of Science and Technology (hereinafter referred to as the Certification Office) shall be responsible for receiving applications, organizing reviews, and submitting to the Minister of Science and Technology for issuance of the Certificate.

Article 4. Documents Required for Certification of New Enterprise Establishment

1. The dossier shall include:

a) An application for issuance of the Certificate of New Enterprise Establishment according to Form B1-DNTLM issued together with Circular No. 32/2011/TT-BKHCN dated November 15, 2011 of the Minister of Science and Technology;

b) A certified copy of the Business Registration Certificate or Investment Certificate;

c) A description of the enterprise meeting the criteria for investment projects to produce high-tech products according to Form B2-TMDNTLM issued together with Circular No. 32/2011/TT-BKHCN dated November 15, 2011 of the Minister of Science and Technology.

2. Applications for certification of new enterprises must be in Vietnamese and consist of two sets of documents submitted directly or sent by post to the Certification Office, one set for retention and one set for processing according to this Circular.

Article 5. Procedures and Formalities for Issuance of the Certificate of New Enterprise Establishment

1. Procedures and Formalities for Issuance of the Certificate

a) Within five working days from the date of receipt of the application, the Certification Office shall examine the completeness and validity of the documents;

b) In case the documents are incomplete or invalid, within five working days, the Certification Office shall issue a letter requesting supplementation and completion of the documents sent directly or by post to the enterprise. Within ten working days from the date of receipt of the request for supplementation and completion of the documents, the enterprise shall be responsible for supplementing and correcting the documents and resubmitting them to the Certification Office. If the enterprise fails to supplement and complete the documents within the specified time or if the supplementation and completion do not meet the requirements, the Certification Office shall issue a letter refusing to issue the Certificate and send it to the enterprise;

c) When necessary, the Certification Office may organize consultations with relevant ministries, sectors, provincial People's Committees, and municipal People's Committees directly under the Central Government within twenty working days from the date of receipt of complete and valid documents to clarify issues raised in the application for certification;

d) Within thirty working days from the date of receipt of complete and valid documents or from the end of the consultation period with relevant ministries, sectors, provincial People's Committees, and municipal People's Committees directly under the Central Government, the Certification Office shall be responsible for organizing reviews or proposing the establishment of an Advisory Council for review according to Circular No. 32/2011/TT-BKHCN dated November 15, 2011 of the Minister of Science and Technology. Within fifteen working days from the date of the conclusion of the review, the Certification Office shall submit to the Minister of Science and Technology for issuance of the Certificate and send it to the enterprise. In case of refusal to issue the Certificate, the reasons must be notified in writing to the enterprise.

2. The model of the Certificate according to Form B4-DNTLM issued together with Circular No. 32/2011/TT-BKHCN dated November 15, 2011 of the Minister of Science and Technology.

Article 6. Revocation of Business Registration Certificate for Newly Established Enterprises

1. The Certificate shall be revoked in the following cases:

a) Within twelve months from the date of issuance of the Business Registration Certificate, if the enterprise does not commence operations;

b) Submitting false documents to request issuance of the Business Registration Certificate;

c) Violating any of the prohibited acts stipulated in Article 8 of the High Technology Law;

d) During its operation, if the enterprise fails to comply with the legal provisions on newly established enterprises from high technology production investment projects;

đ) In accordance with decisions or recommendations of competent authorities when the enterprise commits violations of the law during its operation.

2. Responsibilities of the Enterprise whose Business Registration Certificate is Revoked The enterprise whose Business Registration Certificate is revoked shall be required to return, pay back, or compensate for all benefits and incentives received from the date of issuance of the Business Registration Certificate, depending on the specific circumstances.

3. The Ministry of Science and Technology shall issue a decision to revoke the Business Registration Certificate in cases where there is a violation of any of the circumstances specified in Clause 1 of this Article.

Article 7. Effectiveness of the Business Registration Certificate for Newly Established Enterprises

1. The Business Registration Certificate serves as the basis for enjoying incentives stipulated in Clause 1 of Article 17 of the High Technology Law and other benefits and support as prescribed by law.

2. The Business Registration Certificate becomes effective from the date of issuance and remains valid until the end of the high technology product production investment project.

Article 8. Responsibilities of the Certification Office

Shall be responsible for organizing guidance and inspection of the implementation of this Circular; serving as the focal point for resolving issues arising during implementation; submitting matters exceeding its authority to the Minister of Science and Technology for decision and recommending competent authorities to handle violations according to the law.

Article 9. Handling Violations

Organizations and individuals violating the provisions of this Circular, depending on the nature and severity of the violation and the consequences caused, shall be dealt with according to the law.

Article 10. Effectiveness and Implementation Organization

1. This Circular takes effect 45 days from the date of issuance.

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