Circular No. 50/2011/TT-BNNPTNT guiding the implementation of Decision No. 69/2010/QD-TTg dated November 3, 2010 of the Prime Minister on the authority, procedures, and formalities for recognizing high-tech agricultural enterprises.

CIRCULAR

Guidelines for implementing Decision No. 69/2010/QD-TTg dated November 3, 2010

of the Prime Minister onauthority, procedures, and formalities for recognizing

high-tech agricultural enterprises

Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development and Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government;

Pursuant to Decision No. 69/2010/QD-TTg dated November 3, 2010 of the Prime Minister on authority, procedures, and formalities for recognizing high-tech agricultural enterprises;

The Ministry of Agriculture and Rural Development guides certain contents for implementing Decision No. 69/2010/QD-TTg dated November 3, 2010 of the Prime Minister on authority, procedures, and formalities for recognizing high-tech agricultural enterprises, as follows:

Article 1. Scope of Regulation and Applicability

1. This Circular guides the procedures and formalities for recognizing high-tech agricultural enterprises with a time limit, according to the content of Decision No. 69/2010/QD-TTg dated November 3, 2010 of the Prime Minister on authority, procedures, and formalities for recognizing high-tech agricultural enterprises.

2. This Circular applies to Vietnamese organizations and individuals, overseas Vietnamese, foreign organizations and individuals having enterprises or science and technology enterprises (hereinafter referred to as enterprises) requesting recognition of high-tech agricultural enterprises in Vietnam and organizations and individuals related to the assessment of recognition of high-tech agricultural enterprises.

Article 2. Procedures and Formalities for Issuing High-Tech Agricultural Enterprise Certification

1. The application dossier for issuing a high-tech agricultural enterprise certification shall be submitted directly or through postal service to the Ministry of Agriculture and Rural Development (Science, Technology, and Environment Department). The dossier shall be prepared in two sets, including one original set and one copy set in accordance with Clause 2, Article 3 of Decision No. 69/2010/QD-TTg, comprising:

a) Application form for recognition as a high-tech agricultural enterprise (in accordance with the model attached as Appendix 1 to this Circular);

b) Certified true copy of the business registration certificate of the enterprise or investment certificate or science and technology enterprise certificate;

c) A statement explaining that the enterprise has met all conditions as prescribed in Clause 1, Article 19 and point c, d of Clause 1, Article 18 of the High-Tech Law (in accordance with the model attached as Appendix 2 to this Circular).

2. Procedures and Formalities for Reviewing the Recognition Application Dossier of High-Tech Agricultural Enterprises

a) Review Team

- Within five working days from the date of receipt of a valid application dossier from the enterprise, the Science, Technology, and Environment Department shall submit to the Minister of Agriculture and Rural Development for decision to establish a Review Team for reviewing the recognition application dossier of high-tech enterprises;

- The Review Team shall consist of five to seven members, including: the Team Leader who is a representative of the leadership of the Science, Technology, and Environment Department, the Team Secretary who is a staff member of the Science, Technology, and Environment Department, representatives of the Agricultural Enterprise Innovation and Management Board, General Departments, specialized Bureaus, relevant Departments, and the Department of Agriculture and Rural Development of the province where the enterprise requests recognition;

b) Review Meeting

- The Team Secretary shall photocopy and send relevant documents to the Review Team at least three working days before the review meeting;

- Within fifteen working days from the date of the establishment decision, the Review Team shall convene a review meeting when at least two-thirds of the members are present. The Review Team operates based on the principle of collective decision-making, secret ballot, and majority rule when at least two-thirds of the members present agree.

3. Issuance of High-Tech Enterprise Certification

Based on the evaluation results of the Review Team, the Science, Technology, and Environment Department shall submit to the Minister of Agriculture and Rural Development for decision to recognize the high-tech agricultural enterprise as meeting the conditions and issue a high-tech agricultural enterprise certification to the enterprise (in accordance with the model attached as Appendix 3 to this Circular).

Article 3. Procedure for Revoking the Certificate of High-Tech Agricultural Enterprise

1. After receiving information reflecting violations or signs of violation by the enterprise, the Ministry of Agriculture and Rural Development shall notify the enterprise and request it to explain the reasons; the time limit for explaining the reasons is no later than five working days from the date of receipt of the notification from the Ministry; the enterprise's explanation document shall be sent directly or through postal service to the Ministry of Agriculture and Rural Development (Department of Science, Technology and Environment).

2. In case the Department of Science, Technology and Environment does not receive the enterprise's explanation document within thirty working days from the date the Ministry sends the notification to the enterprise, it shall examine and submit a decision to the Minister to revoke the Certificate of High-Tech Agricultural Enterprise issued to the enterprise and notify the enterprise.

3. In case the Department of Science, Technology and Environment receives the enterprise's explanation document within fifteen working days, it shall take the lead and coordinate with the Enterprise Reform and Management Board and related units to examine the enterprise's explanation document; submit a decision to the Minister to revoke the Certificate of High-Tech Agricultural Enterprise issued to the enterprise if the enterprise has violated, or notify the enterprise again if the enterprise has not violated to the extent requiring handling.

4. Within five working days after receiving the notification from the Ministry of Agriculture and Rural Development, the enterprise whose Certificate of High-Tech Agricultural Enterprise has been revoked must return the Certificate; in case the enterprise fails to return the Certificate, the Ministry of Agriculture and Rural Development will announce on newspapers or other mass media about the revocation of the Certificate of the violating enterprise.

Article 4. Procedure for Reissuing the Certificate of High-Tech Agricultural Enterprise

1. Forty-five days before the expiration of the validity period of the Certificate of High-Tech Agricultural Enterprise, the enterprise must prepare the application dossier for reissuing the Certificate; the application dossier for reissuing the Certificate is the same as the initial application dossier for issuing the Certificate according to Clause 2 of Article 3 of Decision No. 69/2010/QĐ-TTg dated November 3, 2010 of the Government.

2. The procedure and process for reissuing the Certificate of High-Tech Agricultural Enterprise are the same as the initial issuance procedure and process of the Certificate of High-Tech Agricultural Enterprise according to Article 2 of this Circular.

Article 5. Responsibilities of State Management Units under the Ministry of Agriculture and Rural Development

1. The Department of Science, Technology and Environment is responsible for monitoring, urging, inspecting, and auditing the implementation of this Circular; serving as the focal point for resolving issues arising during the implementation and reporting periodically (every six months) to the Minister.

2. The Enterprise Reform and Management Board, General Departments, Bureaus, and related Departments are responsible for performing tasks stipulated in this Circular.

Article 6. Responsibilities of the Department of Agriculture and Rural Development of provinces and centrally governed cities

Advising and assisting the People's Committee of provinces and centrally governed cities to monitor, inspect, audit, supervise, and manage the activities of enterprises recognized as high-tech agricultural enterprises in their localities; proposing the Ministry of Agriculture and Rural Development to revoke the Certificate of High-Tech Agricultural Enterprise when the enterprise violates regulations.

Article 7. Implementation Provisions

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

2. During implementation, if there are any difficulties, organizations and individuals are requested to report to the Ministry of Agriculture and Rural Development (Department of Science, Technology and Environment) for review, amendment, and supplementation as necessary./.