MINISTRY OF FINANCE
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.: 105/2012/TT-BTC
Ha Noi, June 25, 2012
 
CIRCULAR
AMENDING AND SUPPLEMENTING CIRCULAR NO. 15/2011/TT-BTC DATED FEBRUARY 09, 2011OF THE MINISTRY OF FINANCE GUIDING THE ESTABLISHMENT, ORGANIZATION, OPERATION, MANAGEMENT AND USE OF FUNDS FOR SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENT OF ENTERPRISES
Pursuant to the Law on Enterprise Income Tax No. 14/2008/QH12 dated June 03, 2008 and the guiding documents;
Pursuant to the Article 45 of the Law on technology transfer No. 80/2006/QH11 dated November 29, 2006 and guiding documents;
Pursuant to Law on digital technology science No. 21/2000/QH10 dated June 28, 2000; 06/28/2000;
Pursuant to the Enterprise Law No. 60/2005/QH11 dated November 29, 2005;
Pursuant to Decree No. 118/2008/ND-CP dated November 27, 2008 of the Government regulating the functions, duties, powers and organizational structure of the Ministry of Finance;
The Ministry of Finance make guidance on amendment and supplementation of the Circular No. 15/2011/TT-BTC dated February 09, 2011 of the Ministry of Finance guiding the establishment, organization, operation, management and use of scientific and technological development Fund of the enterprises as follows:
Article 1. To amend and supplement Clause 2, Article 2 of Circular No. 15/2011/TT-BTC as follows:
“2. Competence of establishment
Based on needs and financial capacity for the investment in scientific and technological operation of the enterprises, the highest competent level of the enterprises will decide on the establishment and regulate the tasks, powers and organizational machine of the Fund. The highest competent level of the enterprises includes:
a) The General Meeting of Shareholders (for joint stock companies);
b) The member Board or owners of companies (for limited liability companies, partnerships);
c) Owners of private enterprises (for private companies) or General Director, Director (for enterprises without board of directors) of the enterprise ".