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PROCEDURE FOR ISSUING A CERTIFICATE OF FIRST OPERATION REGISTRATION TO A SCIENTIFIC AND TECHNOLOGY ORGANIZATION

Science and technology organization means an organization whose main functions are scientific research, research, development and technology development, and activities of scientific and technological services, established and registered to operate under provisions of law. Through this article, T2H Lawyers will provide you with the most specific and detailed procedure for setting up a science and technology enterprise.

  1. Legal bases

-Law on Science and Technology dated June 18, 2013.

– Decree No. 08/2014 / ND-CP dated January 27, 2014 of the Government detailing and guiding the implementation of a number of articles of the Law on Science and Technology.

– Circular No. 03/2014 / TT-BKHCN dated 31/3/2014 of the Minister of Science and Technology guiding conditions for establishment and operation registration of science and technology organizations, representative offices, branches of science and technology organizations.

– Circular No. 298/2016 / TT-BTC dated November 15, 2016 of the Minister of Finance regulating the rate, regime of collection, payment, management and use of fees for appraisal of operating conditions in science, technology.

– Decision No. 97/2009 / QD-TTg dated July 24, 2009 of the Prime Minister promulgating a list of fields of individuals to establish Science and Technology organizations.

  1. The order of execution

Scientific and technological organizations submit registration dossiers for scientific and technological activities at the Department of Science and Technology.

Time to receive application: Working days of the week (including Saturday morning), except for holidays as prescribed.

– The Hanoi Department of Science and Technology organizes the evaluation of the application:

+ If the science and technology organization meets the requirements of the current regulations, the Department of Science and Technology shall issue the Certificate of scientific and technological activity registration.

+ In case of refusing to issue the Certificate of science and technology registration, the  Department of Science and Technology shall reply in writing, clearly stating the reason.

 

  1. How to perform

Scientific and technological organizations submit registration dossiers for scientific and technological activities directly at the headquarters of the Department of Science and Technology or via the postal system.

  1. Dossier

– Dossiers:

+Application for registration of scientific and technological activities (according to the form);

+ A copy (with legal certification) of the decision on the establishment of a science and technology organization;

+ A copy (with legal certification) of the organization and operation charter of a science and technology organization or the Regulation on organization and operation issued by a competent state agency (for scientific organizations and public technology);

+ Manpower profiles of science and technology organizations;

*For science and technology public organizations: The list of human resources certified by the establishment deciding agency or directly managing them (according to the form).

* For non-public science and technology organizations:

  • Human resource list (form).
  • For official workforce: An application for formal employment (form); Curriculum vitae certified within 1 year of the local government of the place of residence or of the agency or organization where the person worked before moving to a science and technology organization; In case the official human resource is not a Vietnamese citizen, it must have a judicial record certified by a foreign competent agency within a period of not more than 1 year and be consul legalization; copies of training qualifications (with legal certification).
  • For part-time personnel: An application to work part-time (by form); Curriculum vitae certified within 1 year of the local government of the place of residence or of the agency or organization where the person is officially working; In case the official human resource is not a Vietnamese citizen, it must have a judicial record certified by a foreign competent agency within a period of not more than 1 year and be consul legalization; copies of training diplomas (with legal certification); the written permission for part-time work of the agency or organization where the individual is officially working.

+Dossier of the head of a science and technology organization:

  • An application for official employment (according to the form) (for non-public science and technology organizations).
  • A copy (legally authenticated) of the appointment decision of a competent agency or organization (except for organizations established by individuals).
  • Scientific curriculum vita certified by a competent agency or organization (in the form) (except for organizations established by individuals).
  • Copy of training diplomas (with legal certification).
  • Curriculum vitae certified within 1 year of the local authority of the place of residence or of the agency or organization where the person worked before moving to a science and technology organization, In case the head of a science and technology organization is not a Vietnamese citizen, a judicial record of a foreign competent agency is required to be certified within a period of not more than 1 year and be legalized. (for non-public science and technology organizations).

+ A science and technology organization’s material and technical facilities file: The following documents are required:

  • For science and technology public organizations: A list of material and technical facilities certified by the agency deciding to establish or directly managing it (made according to the form).
  • For non-public science and technology organizations: A declaration of material and technical facilities (made according to form); The minutes of the meeting of the founders / capital contributors to cooperate clearly state the following contents: capital contribution ratio; total capital (in cash and assets converted into Vietnam dong), in which the amount of capital contributed in cash must ensure enough regular operating budget for at least 01 year according to the number of manpower and operation scale of the group function; Commitment to contribute capital (in cash and assets) of each individual / cooperative capital contributor (if any); Documents proving the ownership or the right to use the committed capital to contribute.

+ A dossier on the head office of a science and technology organization: Must contain one of the following papers:

  • A copy (with legal certification) of papers proving the ownership of the house, land use right of the science and technology organization for the location where the head office is located;
  • Copies (legally authenticated) of papers proving home ownership, land use rights or papers proving the lessor’s right to lease or lend together with the lease or loan contract the location of the head office; In case a copy of the contract is not legally authenticated, the organization can present the original for the receiver to compare and sign for certification.

– Number of dossiers: 02 sets.

  1. Timeline: within 15 working days from the date of receiving valid dossiers.

The above is the consultation content of T2H Lawyers about the procedure for issuing the certificate of science and technology activities, if you have any questions or unclear problems, please contact T2H Lawyers for advice and guidance detail.

Please contact us for detailed advice.

T2H Law Liability limited company

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Branch office: 20N7A Nguyen Thi Thap, Nhan Chinh Ward, Thanh Xuan District, Hanoi.

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