| THE GOVERNMENT ---------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No: 80/2007/ND-CP | Hanoi , May 19, 2007 |
DECREE
ON SCIENCE AND TECHNOLOGY ENTERPRISES
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 9, 2000 Law on Science and Technology;
Pursuant to the November 29, 2005 Law on Enterprises;
At the proposal of the Minister of Science and Technology,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope and subjects of application
1. Governing scope
This Decree provides for the establishment of science and technology enterprises and the State's support and preferential policies towards science and technology enterprises.
2. Subjects of application
This Decree applies to Vietnamese and foreign organizations and individuals that have the lawful right to own or use scientific research and technological development results and wish to establish science and technology enterprises.
Of the above subjects, public scientific research and technological development organizations and scientific and technological service organizations which are reorganized into science and technology enterprises are collectively referred to as public science and technology organizations.
Article 2.- Science and technology enterprises
Science and technology enterprises specified in this Decree are enterprises established by subjects defined in Clause 2, Article 1 of this Decree and managed and operating under the Enterprise Law and the Science and Technology Law.
Major activities of science and technology enterprises are to produce and deal in products and goods turned out from scientific research and technological development results and from the performance of scientific and technological tasks. Apart from these activities, science and technology enterprises may produce and deal in other products and goods and provide other services in accordance with law.
Article 3.- Scientific research and technological development results
1. Scientific research and technological development results (referred to as scientific and technological results for short) serve as a basis for consideration and grant of science and technology enterprise certificates.
2. Elements for determination of scientific and technological results
Scientific and technological results mean the outcomes of performance of scientific and technological tasks (scientific research and technological development programs, subjects, schemes and projects), technology incubation results, which are performed by subjects defined in Clause 2, Article 1, or are transferred from other individuals or organizations; use of state budget capital or capital of other sources; or competent state management agencies' certification of the right to use or own those results, etc.
The Ministry of Science and Technology shall guide in detail elements for determination of scientific and technological results.
Article 4.- Purposes of establishment of science and technology enterprises
To create favorable conditions for organizations and individuals to apply scientific and technological results to production and business; to step up commercialization of products and goods being results of scientific and technological activities; and to develop the technology market, contributing to national socio-economic development.
Chapter II
ESTABLISHMENT OF SCIENCE AND TECHNOLOGY ENTERPRISES
Article 5.- Order of establishing a science and technology enterprise
1. The subjects defined in Clause 2, Article 1 of this Decree (except public scientific and technological organizations) shall establish a science and technology enterprise in the following order:
a/ Compiling a business registration dossier as specified in the Enterprise Law for enterprise establishment and making the business registration at a competent business registry;
b/ After its establishment, the enterprise shall compile a dossier of registration for science and technology enterprise certification and submit it to the Science and Technology Service of the province or centrally run city where the enterprise is headquartered for consideration and grant of the science and technology enterprise certificate.
2. Public scientific and technological organization shall establish a science and technology enterprise in the following order:
a/ Formulating a scheme on its reorganization into a science and technology enterprise and submit it to a competent state management agency for approval;
b/ Compiling a business registration dossier as specified in the Enterprise Law for enterprise establishment and making the business registration at a competent business registry;
c/ After its establishment, the enterprise shall compile a dossier of registration for science and technology enterprise certification and submit it to the Science and Technology Service of the province or centrally run city where the enterprise is headquartered for consideration and grant of the science and technology enterprise certificate.
Article 6.- Formulation and approval of reorganization schemes
1. Formulation of a scheme
a/ A public science and technology organization shall formulate a scheme on its reorganization into a science and technology enterprise in the form of limited liability company with two or more members or a joint-stock company;
b/ Such a scheme should clearly indicate the state-owned capital amount in money and assets (working offices, workshops, research equipment, working facilities, assigned land area with use right, scientific and technological results, etc.) to be allocated to the public science and technology organization for contribution to the science and technology enterprise; the plan on re-arrangement of officials and employees, and other contents under the guidance of the Ministry of Science and Technology.
2. Approval of a scheme
Heads of state management agencies with the scheme-approving competence shall consider and approve schemes on reorganization of their attached public science and technology organizations.
The Ministry of Science and Technology shall specify contents of schemes on reorganization of public science and technology organizations, guide the formulation and approval of schemes and define state management agencies with the scheme-approving competence.
Article 7.- Dossiers of registration for certification of science and technology enterprises
1. A dossier of registration for certification of a science and technology enterprise, submitted by subjects defined in Clause 2, Article 1 of this Decree (except public science and technology organizations), comprises:
a/ A written application for certification of the science and technology enterprise;
b/ The business registration certificate;
c/ The production and business project.
The production and business project should clearly state to-be-produced and -dealt-in products and goods turned out from scientific and technological results, and production and business assurance conditions, enclosed with written certifications of the lawful right to use or own scientific and technological results.
2. A dossier of registration for certification of a science and technology enterprise, submitted by a public science and technology organization, comprises, apart from the documents specified in Clause 1 of this Article, the competent state management agency's decision approving the reorganization scheme.
The Ministry of Science and Technology shall specify contents of dossiers of registration for certification of science and technology enterprises, guide the evaluation thereof, and grant and revoke science and technology enterprise certificates.
Article 8.- Registration and grant of science and technology enterprise certificates
1. Science and Technology Services of provinces or centrally run cities where science and technology enterprises are headquartered have the competence to consider, grant and revoke science and technology enterprise certificates and inspect and handle violations.
2. Within 30 working days after receiving a valid dossier, the provincial/municipal Science and Technology Service shall consider and evaluate the registration dossier and grant the science and technology enterprise certificate. If refusing to grant such a certificate, it shall, within the above time limit, give a written reply, clearly stating the reasons therefor.
3. Enterprises are not required to pay the registration fee for grant of science and technology enterprise certificates.
4. Science and technology enterprise certificates concurrently serve as scientific and technological activity registration certificates.
Article 9.- Validity of science and technology enterprise certificates
1. Science and technology enterprise certificates serve as a basis for consideration and implementation of support and preferential policies towards science and technology enterprises.
2. A science and technology enterprise certificate is valid from the date of its grant to the end of the enterprise income tax exemption or reduction duration specified in Clause 2, Article 10 of this Decree.
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