Decree No. 80/2010/ND-CP on cooperation and investment with foreign countries in the field of science and technology

 DECREE

Regulations on cooperation and investment with foreign countries in the field of science and technology

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Science and Technology dated June 9, 2000;
Based on the Investment Law dated November 29, 2005;
Considering the proposal of the Minister of Science and Technology,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the forms, contents, authorities, procedures, and formalities for cooperation and investment with foreign countries in the field of science and technology.

2. This Decree does not regulate the forms, contents, authorities, procedures, and formalities for cooperation and investment with foreign countries to establish universities, academies, and colleges.

Article 2. Applicability

This Decree applies to organizations and individuals of Vietnam cooperating and investing with foreign countries, and investing abroad in the field of science and technology; and organizations and individuals of foreign countries cooperating and investing in the field of science and technology in Vietnam.

Article 3. Application of laws, international treaties, foreign laws, and international customs

1. Activities of cooperation and investment with foreign countries in the field of science and technology shall be carried out in accordance with Vietnamese laws on science and technology, investment, and other relevant laws; in cases where activities of cooperation and investment in the field of science and technology have special characteristics, the provisions of other laws shall apply.

2. In cases where international treaties to which Vietnam is a party provide different provisions from those of this Decree, the provisions of such international treaties shall apply.

3. Foreign organizations and individuals may agree or propose to apply foreign laws and international customs in their activities of cooperation and investment with Vietnam in the field of science and technology if such foreign laws and international customs do not conflict with the fundamental principles of Vietnamese law.

Article 4. Encouragement of foreign organizations and individuals to cooperate and invest in developing science and technology

1. Encouragement is given to foreign organizations and individuals to cooperate and invest in the following areas:

a) Basic research in the natural sciences;

b) Applied research and development of information technology, biotechnology, new materials technology, automation and electromechanical technology, nuclear energy and new forms of energy, space technology, mechanical engineering and machine manufacturing technology, technologies for preserving and processing agricultural products and food, waste treatment technologies;

c) Training and development of high-tech human resources;

d) Development of high-tech industries in Vietnam;

đ) Transfer of technology and scientific and technological services;

e) Establishing or contributing to the establishment of science and technology development funds in Vietnam.

2. In addition to the cases specified in Clause 1 of this Article, the Ministry of Science and Technology shall take the lead and coordinate with relevant ministries and sectors to study and submit to the Prime Minister for consideration and decision on the establishment of science and technology organizations of foreign organizations and individuals in Vietnam in certain fields where Vietnam has needs.

Article 5. Prohibited acts in cooperation and investment activities with foreign countries in the field of science and technology

1. The prohibited acts in science and technology activities, investment, publishing, and journalism as provided for in the Law on Science and Technology, the Investment Law, the Publishing Law, and the Press Law.

2. Other prohibited acts as prescribed by Vietnamese law.

Chapter II
COOPERATION WITH FOREIGN COUNTRIES IN THE FIELD OF SCIENCE AND TECHNOLOGY

Article 6. Forms of cooperation with foreign countries in the field of science and technology

1. Grants, sponsorships, gifts, donations (hereinafter collectively referred to as sponsorship) for scientific and technological activities.

2. Scientific and technological contracts.

3. Linkages and participation in scientific and technological activities with foreign countries, including:

a) Participation in scientific and technological organizations, scientific and technological associations;

b) Participation in research, training, consulting, conferences, seminars on scientific and technological activities organized by international organizations, foreign organizations, and individuals;

c) Participation in cooperative activities to implement scientific and technological tasks in Vietnam and abroad.

Cooperation with foreign countries in the field of science and technology must be established in the form of a contract or a cooperation agreement (hereinafter collectively referred to as cooperation documents).

The Ministry of Science and Technology shall stipulate the principles, forms, and contents of cooperation documents in the field of science and technology.

Article 7. Organizations and individuals in Vietnam receiving sponsorship from foreign organizations and individuals for scientific and technological activities

1. Organizations and individuals in Vietnam receiving sponsorship from foreign organizations and individuals from official development assistance sources to conduct scientific and technological activities in accordance with the provisions of the law on the management and use of official development assistance.

2. Organizations and individuals in Vietnam receiving sponsorship from foreign organizations and individuals from non-governmental foreign aid sources to conduct scientific and technological activities in accordance with the provisions of the law on the management and use of non-governmental foreign aid.

3. The Ministry of Science and Technology shall take the lead and coordinate with the Ministry of Finance and relevant ministries and sectors to develop and submit to the Prime Minister for decision the matters concerning the receipt, management, and use of sponsorship from foreign organizations and individuals not covered by Clause 1 and Clause 2 of this Article for scientific and technological activities.

Article 8. Organizations and individuals in Vietnam sponsoring foreign organizations and individuals for scientific and technological activities

The Ministry of Science and Technology shall take the lead and coordinate with the Ministry of Finance and relevant ministries and sectors to develop and submit to the Prime Minister for decision the matters concerning the sponsorship of organizations and individuals in Vietnam to foreign organizations and individuals for scientific and technological activities.

Article 9. Linkages and participation in scientific and technological activities

1. Organizations and individuals in Vietnam are permitted to establish linkages and participate in scientific and technological activities with foreign countries in fields where organizations and individuals in Vietnam are authorized to establish scientific and technological organizations.

2. Organizations and individuals in Vietnam establishing linkages and participating in scientific and technological activities with foreign countries must establish cooperation documents and follow the procedures and formalities prescribed in Article 10 of this Decree.

Article 10. Procedures and formalities for implementing cooperation with foreign countries in the field of science and technology

1. Within 15 (fifteen) working days from the date of signing the cooperation document in the field of science and technology, the organization or individual in Vietnam representing the parties shall send a notification letter along with one copy of the cooperation document to the competent state management agency as prescribed in Clause 2 of this Article.

2. The competent state management agency shall accept the notification letter and the cooperation document in the field of science and technology:

a) Ministries, ministerial-level agencies, and government agencies shall accept cooperation documents of organizations and individuals in Vietnam within their jurisdiction;

b) People's Committees of provinces and centrally-administered cities shall accept cooperation documents of organizations and individuals in Vietnam within their jurisdiction.

3. The competent state management agency prescribed in Clause 2 of this Article shall be responsible for inspecting and supervising cooperation with foreign countries in the field of science and technology.

Article 11. Technology transfer contracts and intellectual property rights transfer contracts

Organizations and individuals of Vietnam conclude technology transfer contracts and intellectual property rights transfer contracts with foreign organizations and individuals in accordance with Vietnamese laws on technology transfer and intellectual property.

Chapter III
FOREIGN INVESTMENT IN THE FIELD OF SCIENCE AND TECHNOLOGY

Section 1

FOREIGN INVESTMENT IN THE FIELD OF SCIENCE AND TECHNOLOGY IN VIETNAM

Article 12. Forms of foreign investment in the field of science and technology

1. Direct investment:

a) Establishing scientific and technological organizations and scientific and technological enterprises with 100% foreign capital;

b) Establishing joint scientific and technological organizations and joint scientific and technological enterprises between Vietnamese organizations and individuals and foreign organizations and individuals.

2. Indirect investment:

Foreign investment in the field of science and technology shall be carried out in accordance with Vietnamese laws.

1. Conditions for establishing scientific and technological organizations with foreign capital:

a) Having a Certificate of Investment issued by the competent state management agency regarding investment;

b) Having a charter of operation specifying the fields of activity in compliance with Vietnamese laws;

c) Having sufficient scientific and technological human resources with professional qualifications in the relevant fields of activity;

d) Having a place of business and technical facilities capable of implementing scientific research, experimentation, testing, services, and other activities in accordance with the organization's charter of operation and Vietnamese laws;

đ) Having a document from the People's Committee of the province or centrally governed city where the organization's main office is located approving the establishment of the scientific and technological organization;

e) Ensuring environmental requirements as stipulated by law.

2. Scientific and technological organizations with foreign capital established in accordance with this Decree may only operate in the field of science and technology in Vietnam after completing the registration procedure and obtaining the Registration Certificate for Scientific and Technological Activities from the competent state management agency; paying fees and charges as prescribed by law.

3. Foreign organizations and individuals establishing scientific and technological enterprises with foreign capital in Vietnam shall comply with Vietnamese laws on scientific and technological enterprises.

4. The Ministry of Science and Technology shall specify conditions for establishment and registration procedures for scientific and technological organizations with foreign capital.

1. The Prime Minister decides on the establishment of scientific and technological organizations with 100% foreign capital.

2. The Minister of Science and Technology decides on the establishment of scientific and technological organizations with foreign capital not falling under the provisions of Clause 1 of this Article.

1. Documents for requesting the establishment of scientific and technological organizations with foreign capital include:

a) Application for establishment of a scientific and technological organization;

b) Document confirming the legal status of foreign organizations and individuals;

c) Draft charter of operation;

d) Investment Certificate issued by the competent state management agency regarding investment;

đ) Project for establishing a scientific and technological organization, including a description of the necessity for establishment; compatibility with the strategy and planning for development of science and technology; objectives, contents, fields, and scope of scientific and technological activities in Vietnam; scale of investment; projected scientific and technological human resources; financial analysis (if applicable);

In cases where the project for establishing a scientific and technological organization is linked to construction investment projects, accompanying documents shall include the construction investment project (Feasibility Study Report) in accordance with laws on construction investment;

e) Document from the People's Committee of the province or centrally governed city where the organization's main office is located approving the location of the scientific and technological organization's headquarters;

g) Financial report audited in the most recent fiscal year or equivalent documentation of the foreign organization or individual.

Documents specified in Clause 1 of this Article must be translated into Vietnamese and legalized by consular authentication.

2. Procedures and formalities for issuing decisions on establishment:

a) Organizations and individuals specified in Clause 1 of Article 12 of this Decree submit five (5) sets of establishment application documents, including one (1) original set to the Ministry of Science and Technology;

b) Within ten (10) working days from the date of receipt of the documents specified in Clause 1 of this Article, the Ministry of Science and Technology checks the validity of the documents. If the documents are invalid, the Ministry of Science and Technology will notify the organization or individual in writing to amend and supplement the documents.

If the documents are valid, the Ministry of Science and Technology sends the documents to seek opinions from relevant ministries, sectors, and the People's Committee of the province or centrally governed city where the organization's main office is located;

c) Within fifteen (15) working days from the date of receipt of the application documents for establishing scientific and technological organizations with foreign capital, relevant ministries, sectors, and the People's Committee of the province or centrally governed city where the proposed headquarters is located provide written comments and bear responsibility for the content within their management functions;

d) Within thirty (30) working days from the date of receiving complete valid documents, the Ministry of Science and Technology prepares a review report, submits it to the Prime Minister for issuing a decision to establish scientific and technological organizations with 100% foreign capital as stipulated in Clause 1 of Article 14 of this Decree, and issues a decision to establish scientific and technological organizations with foreign capital as stipulated in Clause 2 of Article 14 of this Decree;

đ) In case the establishment documents for scientific and technological organizations with foreign capital are not approved, the Ministry of Science and Technology sends a written notification to the organization or individual stating the reasons.

e) Within ten (10) working days from the date of the decision to establish a scientific and technological organization with foreign investment capital, the Ministry of Science and Technology shall send copies of the Decision to the Office of the Government, the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Public Security, the People's Committee of the province or centrally governed city where the organization's main office is located, relevant ministries, sectors, and agencies;

g) Within thirty (30) working days from the date of the establishment decision, a scientific and technological organization with foreign investment capital shall proceed to register its scientific and technological activities in accordance with the provisions of the law.

Article 16. Procedures for Foreign Investment in the Field of Science and Technology

1. Foreign organizations and individuals investing in the field of science and technology shall implement investment procedures in accordance with the laws of Vietnam on investment.

2. The authority issuing the Certificate of Investment shall be responsible for sending the project investment dossier to the competent state management agency regarding science and technology to seek comments on the conditions for foreign investment in the field of science and technology before issuing the Certificate of Investment.

Article 17. Delegation of Authority to Review Foreign Investment Projects in the Field of Science and Technology

1. The Ministry of Science and Technology shall review the scientific and technological content of investment projects approved by the Prime Minister in accordance with the laws on investment.

2. Provincial and centrally governed city Departments of Science and Technology shall review the scientific and technological content of investment projects at the local level not covered by Clause 1 of this Article.

Article 18. Procedure for Reviewing Scientific and Technological Content of Investment Projects Subject to Investment Certificate Issuance Review

1. The procedure for reviewing the scientific and technological content of investment projects approved by the Prime Minister for investment orientation shall be carried out in accordance with the laws of Vietnam on investment and the following provisions:

a) The authority issuing the Certificate of Investment shall send a letter to the Ministry of Science and Technology requesting a review of the conditions for foreign investment in the field of science and technology, along with two (2) sets of project dossiers;

b) When preparing the report for review and submitting it to the Prime Minister, the authority issuing the Certificate of Investment must include the opinion of the Ministry of Science and Technology on whether the investment project meets the conditions for investment in the field of science and technology;

c) Within seven (7) working days from the date of issuance of the Certificate of Investment, the authority issuing the Certificate of Investment shall send one copy of the Certificate of Investment to the Ministry of Science and Technology.

2. The procedure for reviewing the scientific and technological content of investment projects subject to investment certificate issuance review, which are not covered by Clause 1 of this Article, shall be carried out in accordance with the laws of Vietnam on investment and the following provisions:

a) The authority issuing the Certificate of Investment shall send a letter requesting a review of the foreign investment project in the field of science and technology, along with two (2) sets of project dossiers, to the Department of Science and Technology where the organization's main office is located or where the individual resides;

b) The authority issuing the Certificate of Investment shall base its decision to issue the Certificate of Investment on the opinion of the Department of Science and Technology regarding whether the project meets the conditions for investment in the field of science and technology;

c) Within seven (7) working days from the date of issuance of the Certificate of Investment, the authority issuing the Certificate of Investment shall send one (1) copy of the Certificate of Investment to the Ministry of Science and Technology;

Section 2

VIETNAMESE ORGANIZATIONS AND INDIVIDUALS INVESTING ABROAD IN THE FIELD OF SCIENCE AND TECHNOLOGY

Article 19. Conditions for foreign investment in the field of science and technology

In addition to the provisions of the laws on direct foreign investment, projects of foreign investment in the field of science and technology must meet the following conditions:

1. There is a project of foreign investment in the field of science and technology.

2. Permission from the Ministry of Science and Technology.

3. Issuance of Investment Certificate by the Ministry of Planning and Investment.

Article 20. Procedures for foreign investment in the field of science and technology

1. Organizations and individuals of Vietnam are encouraged by the State to invest abroad in the field of science and technology and to follow the procedures for foreign investment as prescribed by Vietnamese laws on foreign investment.

2. The Ministry of Planning and Investment shall be responsible for sending the project dossier for foreign investment in the field of science and technology to the Ministry of Science and Technology to seek comments on the conditions for foreign investment in the field of science and technology.

Article 21. Procedure for reviewing foreign investment projects in the field of science and technology

The procedure for reviewing foreign investment projects in the field of science and technology shall be carried out in accordance with the provisions of Vietnamese laws on foreign investment and the following provisions:

1. The Ministry of Planning and Investment sends a letter to the Ministry of Science and Technology requesting review of foreign investment projects in the field of science and technology, along with two sets of project dossiers.

2. Within fifteen working days from the date of receipt of the request for comments from the Ministry of Planning and Investment, the Ministry of Science and Technology will review the project dossier and provide comments in writing regarding compliance with the conditions for foreign investment in the field of science and technology.

3. For projects under the approval authority of the Prime Minister, when preparing the review report and submitting it to the Prime Minister, the Ministry of Planning and Investment shall attach the review opinion of the Ministry of Science and Technology regarding the project's compliance with the conditions for foreign investment in the field of science and technology.

4. Within seven working days from the date of issuance of the Investment Certificate, the Ministry of Planning and Investment shall send one copy of the Investment Certificate to the Ministry of Science and Technology.

Section 3

TERMINATION OF PROJECT ACTIVITIES, INSPECTION, AUDIT AND HANDLING OF VIOLATIONS IN FOREIGN INVESTMENT IN THE FIELD OF SCIENCE AND TECHNOLOGY

Article 22. Termination of project activities

The termination of activities of foreign investment projects in the field of science and technology shall be implemented in cases stipulated in Article 65 of the Investment Law and in the following cases:

1. Organizations or individuals failing to fully meet the investment conditions specified in Articles 13 and 19 of this Decree, or violating the provisions of Article 5 of this Decree.

2. Competent state agencies revoke the establishment decision or Investment Certificate due to violations of investment laws.

3. Competent state management agencies revoke the registration certificate for scientific and technological activities of scientific and technological organizations according to the provisions of the Law on Science and Technology, the Investment Law, and this Decree.

Article 23. Inspection, audit and handling of violations in foreign investment in the field of science and technology

1. The Ministry of Science and Technology shall take the lead and coordinate with relevant ministries, sectors, and provincial People's Committees to perform the following tasks:

a) Inspect and audit compliance with laws on science and technology in foreign investment activities in the field of science and technology within their jurisdiction;

b) Develop inter-ministerial inspection and audit programs and plans for foreign investment activities in the field of science and technology;

c) Audit the issuance of certificates of eligibility for foreign investment projects in the field of science and technology at provincial-level People's Committees according to the Law on Science and Technology, the Investment Law, and this Decree;

d) Annually compile the situation of foreign investment activities in the field of science and technology and report to the Prime Minister.

2. Violations of investment laws and the handling of such violations in the field of science and technology shall be carried out in accordance with the laws on science and technology, investment laws, and other related laws.

Chapter IV

REPRESENTATIVE OFFICES AND BRANCHES OF FOREIGN SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS IN VIETNAM

1. Foreign science and technology organizations may establish representative offices in Vietnam (hereinafter referred to as representative offices).

2. Foreign science and technology organizations may establish branches in Vietnam (hereinafter referred to as branches) pursuant to Vietnam's commitments under international treaties to which Vietnam is a party for scientific and technological activities and related activities directly connected to such scientific and technological activities, as provided for in the Law on Science and Technology and this Decree.

3. Representative offices and branches are dependent units of foreign science and technology organizations. Subordinate representative offices or branches shall not be established under representative offices or branches.

The Ministry of Science and Technology shall implement the issuance, reissuance, amendment, supplementation, and extension of licenses for establishing representative offices and branches of foreign science and technology organizations in Vietnam.

1. Conditions for establishing representative offices and branches of foreign science and technology organizations in Vietnam:

a) Being an organization recognized as legally established or registered to operate by the laws of the country or territory (hereinafter collectively referred to as the country) where the organization was established or registered to operate;

b) The foreign science and technology organization has been operating for at least 01 (one) year (in the case of establishing a representative office) or 05 (five) years (in the case of establishing a branch), counted from the date of establishment or lawful registration to operate in the country where the organization was established;

c) Having a charter of operation for the representative office or branch;

d) Committing to strictly comply with Vietnamese laws and international treaties to which Vietnam is a party.

2. The license for establishing a representative office or branch of a foreign science and technology organization in Vietnam shall have a validity period not exceeding 05 (five) years but shall not exceed the remaining validity period of the registration certificate or equivalent document of the foreign science and technology organization if the law of that country specifies a term for the registration certificate of the organization.

1. The application documents for a license to establish a representative office of a foreign science and technology organization in Vietnam include:

a) A request for issuance of a License to establish a representative office signed by an authorized representative of the foreign scientific and technological organization;

b) A certified copy of the registration certificate or equivalent document of the foreign science and technology organization issued by the competent authority for establishment. In cases where the registration certificate or equivalent document specifies an operational term for the organization, that term must still be at least 01 (one) year;

c) An audited financial report or other equivalent document proving the existence and actual operation of the organization in the most recent fiscal year;

d) A certified copy of the charter of operation of the foreign science and technology organization;

đ) Criminal record of the head and staff of the representative office of the foreign science and technology organization.

2. The application documents for a license to establish a branch of a foreign science and technology organization in Vietnam include:

a) A request for issuance of a License to establish a branch signed by an authorized representative of the foreign scientific and technological organization;

b) A certified copy of the charter of operation of the branch, clearly stipulating the scope of authority delegated to the head of the branch;

c) A certified copy of the registration certificate or equivalent document of the foreign science and technology organization issued by the competent authority in the place where the organization was established or registered to operate. In cases where the registration certificate or equivalent document specifies an operational term for the organization or individual, that term must still be at least 03 (three) years;

d) An audited financial report or other equivalent document proving the existence and actual operations of the foreign science and technology organization in the most recent fiscal year;

đ) Criminal record of the head and staff of the branch of the foreign science and technology organization.

3. The documents specified in points b, c, d of Clause 1 and points b, c, d of Clause 2 of this Article must be translated into Vietnamese and legalized by consular certification.

1. Foreign science and technology organizations shall submit applications for issuing licenses to establish representative offices and branches to the Ministry of Science and Technology.

2. Within thirty working days from the date of receipt of complete and valid files, the Ministry of Science and Technology shall issue a license to establish a representative office or branch to the foreign science and technology organization and send copies of the license to the Ministry of Industry and Trade, the Ministry of Foreign Affairs, the Ministry of Public Security, and the People's Committee of the province or centrally governed city where the representative office or branch is located.

3. In cases where the application files are incomplete or invalid, within five working days from the date of receipt of the files, the Ministry of Science and Technology shall notify in writing for the foreign science and technology organization to supplement and complete the files.

4. The time limit specified in Clause 2 of this Article does not include the period during which the foreign science and technology organization modifies and supplements the application files for issuing a license to establish a representative office or branch.

5. In cases where conditions for issuing a license to establish a representative office or branch are not met, the Ministry of Science and Technology must notify in writing the organization and specify the reasons.

1. Within forty-five days from the date of issuance of the license, the representative office or branch of a foreign science and technology organization must publish in three consecutive issues of a nationwide distributed newspaper the following contents:

a) Name and address of the headquarters of the representative office or branch;

b) Name and address of the headquarters of the foreign science and technology organization;

c) Head of the representative office or branch;

d) Number, date of issuance, validity period of the license to establish a representative office or branch, and the issuing authority;

e) Content of activities of the representative office or branch.

2. Within the time limit stipulated in Clause 1 of this Article, the representative office or branch must commence operations and report to the Ministry of Science and Technology.

Article 30. Establishment of Management Structure of Representative Offices and Branches

1. The establishment of management structures and appointment of leadership personnel of representative offices and branches shall be decided by the foreign science and technology organization.

2. The number of foreigners working at representative offices and branches must comply with Vietnamese labor laws and international treaties to which Vietnam is a party.

Article 31. Procedures for Registration of Amendments and Supplements to Licenses to Establish Representative Offices and Branches

1. When making any changes or supplements to the contents of the license to establish a representative office or branch, except as provided for in Article 32 of this Decree, the foreign science and technology organization must register the amendments and supplements with the Ministry of Science and Technology.

2. Application files for amending and supplementing the license to establish a representative office or branch shall include:

a) A request for amendment and supplementation of the license to establish a representative office or branch signed by an authorized representative of the foreign science and technology organization;

b) Original copy of the license to establish a representative office or branch that has been issued.

3. Within ten working days from the date of receipt of complete and valid files from the foreign science and technology organization, the Ministry of Science and Technology shall be responsible for amending and supplementing the license and sending copies of the amended and supplemented license to the authorities specified in Clause 2 of Article 28 of this Decree.

Article 32. Procedure for Reissuing the License to Establish a Representative Office or Branch

1. In cases where there is a change in the location of the headquarters, name, or objectives of the representative office or branch, the foreign scientific and technological organization must submit a request for reissuing the License to Establish a Representative Office or Branch at the Ministry of Science and Technology.

2. The application dossier for reissuing the License to Establish a Representative Office or Branch shall include:

a) A request for reissuing the License to Establish a Representative Office or Branch signed by the authorized representative of the foreign scientific and technological organization;

b) The previously issued License to Establish a Representative Office or Branch.

3. Within no more than 10 (ten) working days from the date of receiving a complete dossier, the Ministry of Science and Technology will reissue the License with a validity period not exceeding the remaining validity period of the previously issued License to Establish a Representative Office or Branch and notify the relevant agencies as stipulated in Clause 2, Article 28 of this Decree.

Article 33. Extension of the License to Establish a Representative Office or Branch

1. Foreign scientific and technological organizations may extend the License to Establish a Representative Office or Branch if they meet the following conditions:

a) There is a need to continue operating in Vietnam under the form of a representative office or branch;

b) The foreign scientific and technological organization is operating in accordance with the laws of the country where it was established;

c) There is no violation of the provisions of Article 5 of this Decree and Vietnamese law.

2. The application dossier for extending the License to Establish a Representative Office or Branch shall include:

a) A request for extending the License to Establish a Representative Office or Branch signed by the authorized representative of the foreign scientific and technological organization;

b) An audited financial report or other equivalent documentation proving the existence and actual operation of the foreign scientific and technological organization in the most recent fiscal year;

c) A report on the activities of the representative office or branch up to the time of requesting the extension of the License to Establish a Representative Office or Branch;

d) The original License to Establish a Representative Office or Branch that has been issued.

3. At least 30 (thirty) days before the expiration of the License to Establish a Representative Office or Branch, the foreign scientific and technological organization must complete the procedures for extension.

4. The time limit for the competent state agency to process the extension of the License to Establish a Representative Office or Branch shall be the same as the time limit for issuing a new License to Establish a Representative Office or Branch as stipulated in Article 28 of this Decree.

5. If the extension of the License to Establish a Representative Office or Branch is not approved, the Ministry of Science and Technology must notify the foreign scientific and technological organization in writing and specify the reasons.

6. The Ministry of Science and Technology is responsible for notifying the relevant agencies as stipulated in Clause 2, Article 28 of this Decree about the extension or non-extension of the License.

7. The extension period shall be the same as the validity period of the License of the representative office or branch as stipulated in Clause 2, Article 26 of this Decree.

Article 34. Termination of Activities of a Representative Office or Branch

The representative office or branch of a foreign scientific and technological organization shall terminate its activities in the following cases:

1. Voluntarily terminating operations before the term specified in the License to Establish.

2. Expiring the term specified in the License to Establish without being extended.

3. Not operating within six (six) months from the date of issuance of the initial License to Establish or three (three) months from the date of extension of the License to Establish.

4. Being discovered to have falsified information in the application dossier for establishing the representative office or branch.

5. Being discovered to have violated the law during the course of operations.

6. The Certificate of Registration for Scientific and Technological Activities of the foreign scientific and technological organization has expired, been revoked, or canceled.

The Ministry of Science and Technology shall notify in writing the relevant agency as stipulated in Clause 2, Article 28 of this Decree and announce on mass media regarding the termination of activities of the representative office or branch in Vietnam.

Article 35. Fees for issuing, reissuing, amending, supplementing, and extending the License for Establishing Representative Offices and Branches

1. Foreign science and technology organizations must pay the fees for issuing, reissuing, amending, supplementing, and extending the License for Establishing Representative Offices and Branches.

2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Science and Technology to specify the levels and management of fees for issuing, reissuing, amending, supplementing, and extending the License for Establishing Representative Offices and Branches.

Chapter V

IMPLEMENTING PROVISIONS

Article 36. Transitional Provisions

1. Foreign cooperative offices that have signed agreements before this Decree takes effect shall continue to implement them until no later than June 1, 2011, when organizations and individuals cooperating with foreign entities must submit comprehensive reports to the competent state management agency in accordance with Article 10 of this Decree.

2. Agreements with foreign entities signed before this Decree takes effect but not yet implemented must comply with the provisions of this Decree.

3. Foreign-invested science and technology establishment projects that have already been granted Investment Certificates by the competent state management agency prior to the effectiveness of this Decree must proceed with the procedures to obtain Licenses for Establishing Science and Technology Organizations in accordance with Article 15 of this Decree.

4. Foreign-invested science and technology investment projects that have submitted applications but have not yet received Investment Certificates from the competent state management agency on investment before this Decree takes effect shall follow the provisions of Articles 18 and 21 of this Decree.

5. Representative offices and branches established before this Decree takes effect may continue their operations according to the contents specified in the issued Licenses and must complete the procedures for reissuing Licenses for Establishing Representative Offices and Branches in accordance with this Decree within six months from the date this Decree takes effect.

Article 37. Effective Date

1. This Decree shall take effect from September 1, 2010.

2. Abolish previous regulations concerning cooperation and investment activities with foreign entities in the field of science and technology that conflict with the provisions of this Decree.

Article 38. Responsibility for Implementation

1. Annually, the Minister, the Head of a ministry equivalent to a ministry, the Head of a government-affiliated agency, the Chairman of the People's Committee of a province or centrally governed city, the Director of Industrial Park Management Board, Export Processing Zone Management Board, High-Tech Park Management Board, and Economic Zone Management Board shall report on the implementation status and evaluate the effectiveness of cooperation and investment activities with foreign entities in the field of science and technology under their jurisdiction in the previous year to the Ministry of Science and Technology for consolidation and submission to the Prime Minister.

2. The Ministers, the Heads of ministries equivalent to ministries, the Heads of government-affiliated agencies, the Chairmen of the People's Committees of provinces or centrally governed cities are responsible for guiding and implementing this Decree./.