Circular No. 02/2001/TT-BKHCN dated February 15, 2001

CIRCULAR

PROVIDING GUIDELINES ON CRITERIA FOR HI-TECH INDUSTRIAL PROJECTS; PROJECTS TO PRODUCE NEW ANDRARE, PRECIOUS MATERIALS; PROJECTS TO APPLY NEW BIOLOGICAL TECHNOLOGY(IES); PROJECTS TOAPPLY NEW TECHNOLOGY(IES) TO MANUFACTURE COMMUNICATIONS AND TELECOMMUNICATIONS EQUIPMENT;AND PROJECTS FOR TREATMENT OF ENVIRONMENTAL POLLUTION OR WASTE, ALL AS PROJECTS TO RECEIVESPECIAL INVESTMENT PREFERENCE(S); ASSOCIATED ISSUES IN REPORTING ENVIRONMENTAL IMPACTS;IMPORT OF USED MACHINERY, FOR FOREIGN INVESTED ENTERPRISES IN VIETNAM.

- Pursuant to Government Decree No.22/CP, dated May 22, 1993, on theduties, powers and organisation of the Ministry of Science, Technology and Environment;

- Pursuant to Government Decree No.24/2000/ND-CP, dated July 31, 2000,including detailed regulations on the implementation of the Law on Foreign Investment inVietnam;

- Pursuant to Government Decree No.175/CP, dated October 18, 1994,providing guidelines for implementing the Environmental Protection Law;

- Pursuant to Government Official Letter No.782/CP-QHQT, dated August23, 2000, providing guidelines for observance of Decree 24/2000/ND-CP, The Ministry of Science, Technology and Environment provides guidelineson:

- Criteria for hi-tech industrial projects; projects to produce new andrare, precious materials; projects to apply new biological technology(ies); projects toapply new technology(ies) to manufacture communications and telecommunications equipment;and projects for treatment of environmental pollution or waste as part of high priorityinvestments;

- Associated issues in reporting environmental impacts;

- Import of used machinery,  For foreign invested enterprises in Vietnam.

Chapter I

GENERAL PROVISIONS

A. SCOPE OF APPLICATION

This Circular is applicable to foreign invested projects following theLaw on Foreign Investment in Vietnam found in Article 1, Government DecreeNo.24/2000/ND-CP, dated July 31, 2000, including detailed regulations on theimplementation of the Law on Foreign Investment in Vietnam.

B. DEFINITIONS

1. Advanced equipment line' is a specialsed, mechanised productionline with at least one third of its equipment automated. This assembly line must notrequire heavy manual labour and must follow standards on industrial hygiene, occupationalsafety and environmental protection. Enterprise management must follow an advanced systemwith several stages of operations computerised, such as technological, materials andmarketing administration.

2. "Hi-tech industrial projects" include projects on thelist of hi-tech industrial projects defined by the Ministry of Science, Technology andEnvironment in Appendix 1 attached to this Circular.

3. "New materials" include materials on the list of newmaterials defined by the Ministry of Science, Technology and Environment in Appendix 4attached to this Circular.

4. "Rare, precious materials" include materials on thelist of rare, precious materials defined by the Ministry of Science, Technology andEnvironment in Appendix 5 attached to this Circular.

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