Decision No. 69/2010/QĐ-TTg on the authority, procedures, and formalities for recognizing high-tech agricultural enterprises

Pursuant to …;

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

 high-tech agricultural enterprises

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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 Agriculture and Rural Development,

 DECISION:

Article 1. Scope of regulation and applicable subjects

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

2. This Decision applies to organizations and individuals from Vietnam, overseas Vietnamese, and foreign organizations and individuals who have enterprises seeking recognition as high-tech agricultural enterprises in Vietnam.

Article 2. Authority to recognize high-tech agricultural enterprises.

The Ministry of Agriculture and Rural Development is the competent authority to issue the Certificate of High-Tech Agricultural Enterprise.

Article 3. Procedures and formalities for issuing the Certificate of High-Tech Agricultural Enterprise.

1. The recognition of high-tech agricultural enterprises shall be carried out in the form of issuing the Certificate of High-Tech Agricultural Enterprise.

2. The application dossier for the Certificate of High-Tech Agricultural Enterprise shall be submitted directly or through postal service to the Ministry of Agriculture and Rural Development. The dossier shall be prepared in two sets, including one original set and one photocopied set, comprising:

a) An application for recognition as a high-tech agricultural enterprise according to the prescribed form of the Ministry of Agriculture and Rural Development;

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

c) A statement demonstrating that the enterprise has met all conditions as stipulated in Clause 1, Article 19 and point c, d, Clause 1, Article 18 of the Law on High Technology.

3. Within five working days from the date of receipt of the dossier, the Ministry of Agriculture and Rural Development shall notify the enterprise whether the dossier is valid or request additional or amended information. The time for supplementing or amending the dossier shall not be counted towards the review period.

4. Within thirty working days from the date of receipt of a complete dossier, the Ministry of Agriculture and Rural Development shall be responsible for reviewing and deciding to issue the Certificate of High-Tech Agricultural Enterprise and sending it to the enterprise. In case of refusal to issue the Certificate of High-Tech Agricultural Enterprise, the reasons must be notified in writing to the enterprise applying for recognition.

5. The model of the Certificate of High-Tech Agricultural Enterprise shall be issued by the Ministry of Agriculture and Rural Development.

Article 4. Revocation of the Certificate of High-Tech Agricultural Enterprise

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

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

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

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

d) No longer meeting the provisions of Clause 1, Article 19 and point c, d, Clause 1, Article 18 of the Law on High Technology during operation.

2. The Ministry of Agriculture and Rural Development shall issue a decision to revoke the Certificate of High-Tech Agricultural Enterprise of the violating enterprise as stipulated in Clause 1 of this Article.

3. An enterprise whose Certificate of High-Tech Agricultural Enterprise has been revoked shall not be considered for reissuance of the Certificate of High-Tech Agricultural Enterprise within three years from the date of revocation.

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

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

2. The Certificate of High-Tech Agricultural Enterprise serves as the basis for the enterprise to enjoy incentives and support as stipulated in Clause 2, Article 19 of the Law on High Technology and other incentives and support as provided by law.

Article 6. Responsibilities of the Ministry of Agriculture and Rural Development

To be responsible for guiding, urging, inspecting, and auditing the implementation of this Decision; to act as the focal point for resolving issues arising during implementation and reporting.

Article 7. Responsibilities of the People's Committee of provinces and centrally governed cities

To monitor, inspect, and manage the activities of enterprises granted the Certificate of High-Tech Agricultural Enterprise at the local level; to recommend the Ministry of Agriculture and Rural Development to revoke the Certificate when enterprises violate regulations in their locality.

Article 8. Handling of 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 9. Effective date and responsibility for implementation

1. This Decision takes effect from December 20, 2010.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial People's Committees, and relevant agencies shall be responsible for implementing this Decision./.