Decision No. 97/2009/QD-TTg stipulates the List of fields in which individuals may establish scientific and technological organizations, and specifies the responsibilities of individuals establishing such organizations and guidelines for registration procedures.
Scope of application
Individuals wishing to establish scientific and technological organizations.
Key points
- Individuals establishing scientific and technological organizations → may only operate in fields listed in the accompanying Decision, and must comply with relevant legal provisions.
- Individuals establishing scientific and technological organizations → bear full responsibility for the organization's activities.
- The Ministry of Science and Technology → provides specific guidance on conditions and procedures for registering activities for organizations established by individuals.
- Competent authorities → review and guide the re-registration of scientific and technological activities for organizations established prior to the Decision.
- Competent authorities → revoke the Certificate of Registration for organizations that do not conform to their functions and powers or violate regulations during operations.
🌐 Social impact of this document
- Positive impact: Ensures that scientific and technological organizations operate according to regulations, enhancing research quality.
- Negative impact: May cause difficulties for individuals seeking to establish organizations if they do not fall within the issued List.
❓ Frequently asked questions
What should individuals do to establish scientific and technological organizations?
Individuals must operate in fields listed in the accompanying Decision, comply with relevant legal provisions, and register their activities according to the Ministry of Science and Technology’s guidelines.
If an individual wishes to establish a scientific and technological organization in a field not included in the List, is it permitted?
No, individuals may only operate in fields listed in the accompanying Decision.
Are there any provisions regarding the responsibilities of individuals establishing scientific and technological organizations?
Individuals must bear full responsibility for the organization's activities and comply with relevant legal provisions.
What is the deadline for individuals to re-register their activities according to the new List?
The Decision does not specify a specific deadline, but competent authorities will provide detailed guidance during implementation.
If an individual establishes a scientific and technological organization and violates regulations, how will they be dealt with?
Competent authorities will revoke the Certificate of Registration and proceed with the procedure to terminate operations in accordance with the law.
Full text
Pursuant to …;
Regarding the issuance of the List of fields in which individuals may establish scientific and technological organizations
____________________________________
PRIME MINISTER
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;
Pursuant to Decree No. 81/2002/NĐ-CP dated October 17, 2002 of the Government detailing the implementation of certain provisions of the Law on Science and Technology;
Considering the proposal of the Minister of Science and Technology;
DECISION:
Article 1. The attached Decision promulgates the List of fields in which individuals may establish scientific research organizations, scientific research and technological development organizations, and scientific and technological service organizations (collectively referred to as scientific and technological organizations).
Article 2. Responsibilities of individuals establishing scientific and technological organizations:
1. Shall be fully responsible for the activities of the scientific and technological organization established by themselves, complying with the provisions of the Law on Science and Technology, the Law on Press, the Law on Publishing, and other relevant laws.
2. Shall only operate in fields listed in the attached Decision. If there are comments on the policies, guidelines, and policies of the Party and State, such comments must be submitted to the competent Party and State agencies and shall not be publicly disclosed under the name or associated with the name of the scientific and technological organization.
Article 3. The Ministry of Science and Technology shall provide specific guidance on the conditions and procedures for registering the activities of scientific and technological organizations established by individuals.
Article 4. The Ministry of Science and Technology and People's Committees of provinces and centrally-administered cities within their jurisdiction shall be responsible for directing competent agencies:
1. To review scientific and technological organizations established by individuals to guide them to re-register their scientific and technological activities according to the fields specified in Article 1 and the procedures specified in Article 3 of this Decision.
2. To revoke the Certificate of Registration for Scientific and Technological Activities and guide them to re-register their scientific and technological activities in cases where the Certificate of Registration for Scientific and Technological Activities issued does not conform to the functions and authorities.
3. To revoke the Certificate of Registration for Scientific and Technological Activities and proceed with the procedure to terminate operations in accordance with the law for scientific and technological organizations established by individuals that have violated regulations during their operations.
Article 5. During the implementation process, based on actual circumstances and the development needs of the country, the Ministry of Science and Technology shall take the lead and coordinate with relevant ministries and sectors to periodically study and propose amendments and supplements to the List of fields in which individuals may establish scientific and technological organizations.
Article 6. This Decision takes effect from September 15, 2009.
Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and centrally-administered city People's Committees, and related individuals and organizations are responsible for implementing this Decision./.
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