Decision No. 55/2010/QD-TTg on the authority, procedures, and formalities for certifying organizations and individuals engaged in high-tech application activities, researching and developing high technology, and recognizing high-tech enterprises.

Pursuant to …;

Competence, procedure, and process for certifying organizations and individuals engaged in high-tech application activities, certifying organizations and individuals conducting research and development of high technology, and recognizing high-tech enterprises

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

Considering the proposal of the Minister of Science and Technology,

DECISION:

Article 1. Competence to certify high-tech application activities, research and development of high technology, and recognition of high-tech enterprises

The Ministry of Science and Technology is the authority responsible for issuing the Certificate of High-Tech Application Activities (hereinafter referred to as the Certificate of Activities) and the Certificate of High-Tech Enterprise.

Article 2. Procedure and process for issuing the Certificate of Activities

The application dossier for the Certificate of Activities from organizations and individuals shall be submitted directly or via postal service to the Ministry of Science and Technology. The dossier shall consist of two sets, including one original set and one photocopied set.

1. The application dossier for the Certificate of Activities from organizations includes:

a) An application form for the Certificate of Activities from organizations according to the prescribed model of the Ministry of Science and Technology;

b) A certified copy of one of the following documents: Business Registration Certificate; Investment Certificate; Scientific and Technological Enterprise Registration Certificate; Scientific and Technological Activity Registration Certificate;

c) A project description on the application of high technology, research and development topics, and projects (high technologies listed in the priority investment and development catalog);

d) Written confirmation by the supervising agency regarding the contents presented in the project description on the application of high technology, research and development topics, and projects (for organizations under the management of Ministries, agencies at the ministerial level, and government agencies); written confirmation by the Department of Science and Technology where the organization conducts high-tech application activities and research and development (for organizations not under the management of Ministries, agencies at the ministerial level, and government agencies).

2. The application dossier for the Certificate of Activities from individuals includes:

a) An individual application form for the Certificate of Activities according to the prescribed model of the Ministry of Science and Technology, accompanied by two 4x6 cm photographs;

b) A photocopied Identity Card or Passport still valid;

c) A project description on the application of high technology, research and development topics, and projects (high technologies listed in the priority investment and development catalog);

d) Written confirmation by the Department of Science and Technology regarding the contents presented in the project description on the application of high technology, research and development topics, and projects where the individual conducts high-tech application activities and research and development.

3. Within fifteen working days from the date of receipt of the application for confirmation from organizations and individuals engaged in high-tech application activities and research and development, Ministries, agencies at the ministerial level, government agencies, provincial Departments of Science and Technology have the responsibility to inspect and confirm in writing the contents presented in the project description on the application of high technology, research and development topics, and projects. In case of refusal to confirm, they must notify the reasons in writing to the organizations and individuals applying for confirmation.

4. If the dossier is incomplete, the Ministry of Science and Technology must issue a letter requesting supplementation and completion of the dossier to be sent directly or via postal service to the organizations and individuals applying for the Certificate of Activities. Within ten working days from the date of receipt of the request letter from the Ministry of Science and Technology, the organizations and individuals applying for the Certificate of Activities have the responsibility to supplement, correct, and resubmit to the Ministry of Science and Technology.

5. Within fifteen working days from the date of receipt of the application dossier for the Certificate of Activities from organizations and individuals, the Ministry of Science and Technology will review and issue the Certificate of Activities and send it to the organizations and individuals applying for the Certificate of Activities. In case of refusal to issue, they must notify the reasons in writing to the organizations and individuals applying for the Certificate of Activities.

6. The model of the Certificate of Activities and the confirmation letter specified in point d, Clause 1 and point d, Clause 2 of this Article shall be issued by the Ministry of Science and Technology.

Article 3. Revocation of the Business Operation Certificate

1. Organizations and individuals whose Business Operation Certificate shall be revoked fall under one of the following circumstances:

a) Within twelve months from the date of issuance of the Business Operation Certificate, they fail to implement the high technology application project, research and development topic, or high technology development plan that has been approved;

b) They fail to comply with the contents of the high technology application project, research and development topic, or high technology development plan that have been approved;

c) They submit a request to terminate the implementation of the high technology application project, research and development topic, or high technology development plan that have been approved;

d) They forge the application documents for the Business Operation Certificate;

đ) They violate any of the prohibitions stipulated in the High Technology Law.

2. The Ministry of Science and Technology shall issue a decision to revoke the Business Operation Certificate of organizations and individuals who violate any of the circumstances specified in Clause 1 of this Article.

Article 4. Effectiveness of the Business Operation Certificate

1. The Business Operation Certificate becomes effective from the date of issuance and remains valid until the completion of the project, topic, or plan.

2. The Business Operation Certificate is only valid for each specific high technology application project, research and development topic, or high technology development plan included in the priority investment and development high technology list and serves as the basis for organizations and individuals to enjoy incentives and support as provided for in Clause 1 of Article 10 and Clause 1 of Article 12 of the High Technology Law and other incentives and support as prescribed by law.

Article 5. Procedures and Formalities for Issuing the High Technology Enterprise Certificate

1. Recognition of high technology enterprises is carried out through the issuance of the High Technology Enterprise Certificate.

2. The application for the High Technology Enterprise Certificate must be submitted directly or via postal service to the Ministry of Science and Technology. The application consists of two sets, including one original set and one photocopied set, comprising:

a) An application form for recognition as a high technology enterprise according to the model prescribed by the Ministry of Science and Technology;

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

c) A detailed explanation showing that the enterprise meets all conditions as stipulated in Clause 1 of Article 18 of the High Technology Law.

3. Within five working days from the date of receipt of a complete application, the Ministry of Science and Technology will organize the collection of opinions from relevant ministries, sectors, provincial People's Committees, and centrally-administered municipal People's Committees.

4. In cases where the application is incomplete, the Ministry of Science and Technology must send a letter requesting additional information or corrections to the enterprise applying for recognition as a high technology enterprise. Within ten working days from the date of receipt of the Ministry's request, the enterprise must supplement, correct, and resubmit the application to the Ministry of Science and Technology.

5. If necessary, the Ministry of Science and Technology may convene a meeting with relevant ministries, sectors, provincial People's Committees, and centrally-administered municipal People's Committees to clarify issues raised in the application for recognition as a high technology enterprise.

6. Within thirty days from the date of receipt of a complete application, the Ministry of Science and Technology is responsible for reviewing and issuing the High Technology Enterprise Certificate to the enterprise. If the certificate is denied, the Ministry must notify the enterprise in writing of the reasons for denial.

7. The template for the High Technology Enterprise Certificate is issued by the Ministry of Science and Technology.

Article 6. Revocation of High-Tech Enterprise Certificate

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

a) Within twelve months from the date of issuance of the High-Tech Enterprise Certificate, the enterprise does not operate.

b) Falsifying the application documents for the High-Tech Enterprise Certificate.

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

d) No longer meeting the provisions set forth in Clause 1, Article 18 of the Law on High Technology during its operation.

2. The Ministry of Science and Technology shall issue a decision to revoke the High-Tech Enterprise Certificate of an enterprise that violates any of the circumstances specified in Clause 1 of this Article.

Article 7. Effectiveness of the High-Tech Enterprise Certificate

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

2. The High-Tech Enterprise Certificate serves as the basis for the enterprise to enjoy incentives and support as prescribed in Clause 2, Article 18 of the Law on High Technology and other incentives and supports according to the provisions of the law.

Article 8. Responsibilities of the Ministry of Science and Technology

Shall be responsible for guiding, urging, inspecting, and auditing the implementation of this Decision; serving as the focal point for resolving issues arising during the implementation process and submitting matters exceeding authority to the Prime Minister for decision.

Article 9. Handling Violations

Organizations and individuals violating the provisions of this Decision shall be subject to legal sanctions depending on the nature, degree of violation, and consequences caused.

Article 10. Effective Date and Responsibility for Implementation

1. This Decision shall take effect from October 26, 2010.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and related agencies shall be responsible for implementing this Decision./.