CIRCULARS

PROVISIONS ON IMPLEMENTATION MEASURES OF SOME ARTICLES OF DECREE No. 13/2019/ND-CP FEBRUARY 01, 02 OF THE GOVERNMENT ON SCIENCE AND TECHNOLOGY ENTERPRISE

Pursuant to the Government's Decree No. 95/2017/ND-CP dated August 16, 8 stipulating the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 13/2019/ND-CP dated February 01, 02 of the Government on science and technology enterprises;

At the request of the Director of the Department of Market Development and Science and Technology Enterprises and the Director of the Legal Department;

The Minister of Science and Technology promulgates a Circular providing for measures to implement a number of articles of the Government's Decree No. 13/2019/ND-CP dated February 01, 02 on science and technology enterprises.

Article 1. Scope

This Circular prescribes measures to implement a number of articles of Decree No. 13/2019/ND-CP dated February 01, 02 of the Government on science and technology enterprises (hereinafter abbreviated as Decree No. 2019). /13/ND-CP), including:

1. Scientific and technological results specified at Points c, d and dd, Clause 2, Article 3 of Decree No. 13/2019/ND-CP.

2. Conditions on turnover ratio specified at point c, clause 1, Article 6 of Decree No. 13/2019/ND-CP.

3. Issuing the certificate of science and technology enterprise in case the enterprise has branches, production and business establishments located in many provinces and centrally-run cities specified at Point d, Clause 2 of Article 5. 13 Decree No. 2019/XNUMX/ND-CP.

4. Revocation and invalidation of the Certificate of science and technology enterprise specified in Article 10 of Decree No. 13/2019/ND-CP.

5. Criteria for determining new services with application of science and technology results in the field of information technology are specified in Clause 2, Article 12 of Decree No. 13/2019/ND-CP.

6. Responsibility for providing information of science and technology enterprises is specified in Article 18 of Decree No. 13/2019/ND-CP.

Article 2. Subject of application

This Circular applies to the subjects specified in Clause 2, Article 1 of Decree No. 13/2019/ND-CP.

Article 3. Scientific and technological results are recognized through the form of Science and Technology Awards

Scientific and technological results recognized by competent authorities in the form of winning science and technology awards specified at point c, clause 2, Article 3 of Decree No. 13/2019/ND-CP include: :

1. Ho Chi Minh Prize and State Prize in science and technology;

2. Ta Quang Buu Award;

3. Tran Dai Nghia Award;

4. Vietnam Science and Technology Innovation Award;

5. Kovalevskaia Prize;

6. Other awards in science and technology as prescribed in Decree No. 78/2014/ND-CP dated July 30, 7 of the Government on Ho Chi Minh Prize, State Prize and other awards other on science and technology, as amended and supplemented by Decree No. 2014/60/ND-CP dated July 2019, 05 of the Government.

Article 4. Scientific and technological results certified and recognized by competent agencies

Scientific and technological results certified and recognized by competent authorities specified at Point d, Clause 2, Article 3 of Decree No. 13/2019/ND-CP include:

1. Scientific and technological results to produce products licensed for production and circulation by competent authorities in Vietnam, including:

a) Plant varieties, fertilizers, veterinary drugs, and plant protection drugs manufactured in Vietnam are granted a decision on recognition of circulation of plant varieties, a decision on recognition of fertilizers in circulation, and a certificate of drug circulation; veterinary medicine, Certificate of registration of pesticides in Vietnam;

b) Medicines and medicinal ingredients, medical equipment manufactured in Vietnam are granted a certificate of free sale in Vietnam;

c) Biological products in the field of environment produced in Vietnam are granted the Certificate of circulation in Vietnam.

2. Results of performing scientific and technological tasks funded with the state budget shall be decided by a competent state agency on recognition of results of scientific and technological tasks funded with the state budget or Certificate of registration of results of performing scientific and technological tasks funded with the state budget.

3. Results of performing scientific and technological tasks without the use of the state budget, granted by a competent state agency a Certificate or Certificate of appraisal of results of performing non-use scientific and technological tasks State budget.

4. Other scientific and technological results shall be obtained by Ministries, ministerial-level agencies according to branches and domains under their management or the People's Committees of the provinces and centrally-run cities (where the scientific and technological results are located). technology transferred, applied) recognized, certified in accordance with the law.

In case it is necessary to determine the scientific and technological results as prescribed in this Clause, the specialized agency in charge of science and technology under the People's Committee of the province or city directly under the Central Government shall send a written request to the Department of Science and Technology. Market development and science and technology enterprises to support.

Article 5. Scientific and technological results are technologies transferred from foreign countries to Vietnam

1. To determine that science and technology results as technologies transferred from abroad into Vietnam must satisfy the following criteria:

a) Having a certificate of registration of technology transfer;

b) Belonging to the list of technologies encouraged to be transferred as prescribed in Clause 4, Article 39 of the Law on Technology Transfer and Appendix I of Decree No. 76/2018/ND-CP dated May 15, 5 of the Government providing for detailing and guiding the implementation of a number of articles of the Law on Technology Transfer.

2. Enterprises receiving technology transfer from abroad to Vietnam have the capacity to apply transferred science and technology results (detailed in Section 6, form No. 02 of Decree No. 13/2019/ND- CP).

Article 6. Conditions for the rate of turnover for granting the Certificate of Science and Technology Enterprise

Enterprises with revenue from the production and trading of products formed from scientific and technological results satisfy the condition that the turnover ratio is at least 30% of the total turnover of 01 (one) out of 03 (three) enterprises. ) the year preceding the time of submitting the application for certification of a science and technology enterprise.

Article 7. Science and technology enterprise certification, for enterprises with production and business branches located in many provinces and centrally run cities

1. The agency issuing the certificate of science and technology enterprise shall record full information of the branches of production and business of products formed from the enterprise's scientific and technological results on the enterprise certificate. science and technology.

2. Branches that produce and trade in products formed from scientific and technological results stated in their Certificates are entitled to enjoy the State's preferential and support policies, applicable to scientific enterprises. and technology (about incentives, support and conditions for enjoying incentives and support).

3. The identification of a science and technology enterprise for an independent accounting branch shall be based on the branch's financial statement or tax finalization declaration as prescribed by law.

Article 8. Revocation of the Certificate of Science and Technology Enterprise

1. Cases of revocation of the Certificate of Science and Technology Enterprise are specified in Clause 1, Article 10 of Decree No. 13/2019/ND-CP.

2. In case of withdrawal due to failure to maintain the revenue ratio specified at Point b, Clause 1, Article 10 of Decree No. 13/2019/ND-CP:

a) Only applicable to science and technology enterprises that have been granted certificates since the effective date of Decree No. 13/2019/ND-CP.

b) The period of 05 (five) consecutive years to consider the revocation of the certificate of science and technology enterprise is calculated as follows:

– From the first year of being granted the Certificate of Science and Technology Enterprise, for enterprises established for more than 05 (five) years;

– From the sixth year from the date of being granted the Certificate of Science and Technology Enterprise, for newly established enterprises under 05 (five) years.

3. In case of withdrawal due to failure to comply with the reporting regime for 03 (three) consecutive years specified at point c, clause 1, Article 10 of Decree No. 13/2019/ND-CP:

a) The specialized agency in science and technology under the People's Committee of the province or city directly under the Central Government shall decide to ｒｅｖｏｋｅ the Certificate of science and technology enterprise;

b) For cases falling under the recall competence of the Department of Market Development and Science and Technology Enterprises, the specialized science and technology agency under the People's Committee of the province or city directly under the Central Government should request the Department of Market Development and Science and Technology Enterprises to ｒｅｖｏｋｅ the Certificate of Science and Technology Enterprise.

4. The agency implementing the revocation of the Certificate of science and technology enterprise is responsible for notifying the revocation and posting information as prescribed in Clause 3, Article 10 of Decree No. 13/2019/ND-CP.

5. When the certificate of science and technology enterprise is revoked, the enterprise shall not continue to enjoy the State's incentives and support for science and technology enterprises. For incentives and supports with a term of performance under preferential contracts of more than 12 months (such as credit incentives, support for performing scientific and technological tasks using the state budget or incentives, other support) the enterprise continues to perform until the end of the term of the credit loan contract, the contract for the performance of scientific and technological tasks or according to the contractual agreement between the parties.

Article 9. Cancellation of the Certificate of Science and Technology Enterprise

1. Acts of infringing upon the ownership or right to use scientific and technological results specified at Point a, Clause 2, Article 10 of Decree No. 13/2019/ND-CP based on the decision on sanctioning of administrative violations of competent authorities or judgments of the Court.

2. Acts of falsifying the contents of an application for certification of a science and technology enterprise specified at Point b, Clause 2, Article 10 of Decree No. 13/2019/ND-CP include:

a) Acts of forging documents certifying and recognizing scientific and technological results by competent agencies specified at Point b, Clause 2, Article 7 of Decree No. 13/2019/ND-CP;

b) Acts of intentionally declaring false information about turnover rate for the purpose of granting certificates of science and technology enterprises to enterprises that have been established for full 05 (five) years or more.

3. When the certificate of science and technology enterprise is invalidated, the enterprise shall have to collect all the exempted or reduced amounts for science and technology enterprises and be handled according to regulations. under the law.

4. The agency competent to cancel the certificate of science and technology enterprise is responsible for notifying the cancellation and posting information as prescribed in Clause 3, Article 10 of Decree No. 13/2019/ND -CP.

Article 10. Criteria and competence for determining new services with application of science and technology results in the field of information technology

1. To determine that a new service formed from the application of science and technology results in the field of information technology must satisfy the following criteria:

a) Services formed from research, application, technology transfer and development activities based on high technologies, key technologies of industry 4.0 on the list of high-priority technologies. investment in development and the list of high-tech products encouraged for development in the Prime Minister's Decision No. 38/2020/QD-TTg dated December 30, 12; or List of technologies prioritized for research, development and application to actively participate in the Fourth Industrial Revolution in Decision No. 2020/QD-TTg dated December 2117, 16 of the Prime Minister;

b) Having solutions or models of production, business and service provision;

c) Describe the novelty of the service compared to an existing service in the market.

2. Competence to determine new services with application of science and technology results in the field of information technology:

The agency that issues the Certificate of Science and Technology Enterprise shall base itself on expert opinions of the appraisal and evaluation advisory council to determine new services that apply scientific and technological results in the field of technology. information and specific names of new services on the Certificate of Science and Technology Enterprise.

Article 11. Responsibility to provide information of science and technology enterprises

1. Annually, science and technology enterprises shall report on production and trading of products formed from scientific and technological results according to the form prescribed in the Appendix issued with this Circular ( enclosed with a copy of the tax finalization declaration already submitted to the tax authority) and sent to the specialized science and technology agency of the People's Committee of the province or city directly under the Central Government.

2. The reporting deadline is May 15 of the following year, after the enterprise has completed the tax finalization of the previous year. In case it is necessary to extend the reporting time, the enterprise shall send a written request to the specialized science and technology agency under the People's Committee of the province or centrally run city, clearly stating the reason for the extension; the extension period (if approved) shall not exceed 5 days from the date of expiry of the report.

3. For enterprises that fail to report within the prescribed time limit (including the extension period, if any), the specialized science and technology agency under the People's Committee of the province or city directly under the Central Government notify the enterprise in writing stating the legal consequences of failure to report. In case the enterprise fails to report as prescribed for 03 (three) consecutive years, the competent authority shall ｒｅｖｏｋｅ the certificate as prescribed in Clause 3, Article 8 of this Circular.

Article 12. Enforcement

This Circular takes effect from the date of April 30, 2012, 20 year.

Article 13. Implementation organization

1. In the course of implementation, if any problems arise, agencies, organizations and individuals are requested to report in writing to the Ministry of Science and Technology for guidance or study, amend and supplement accordingly. fit.

2. In the course of implementation, if legal documents referenced for application in this Circular are amended, supplemented or replaced with new documents, they will be referred to and applied in accordance with these documents. that's new.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of People's Committees of provinces and centrally run cities and relevant organizations and individuals are responsible for implementing this Circular. this./.

Appendix

(Issued together with Circular No. 10/2021/TT-BKHCN dated November 17, 11 of the Minister of Science and Technology)

REPORT

Situation of production and business activities of science and technology enterprises

Reporting period: year…

(From January 01, year ... to December 01, year ...)

Dear:¹ ...............................

I. General Information

- Company's name: ………………………………………………………………………………………..

- Business code: …………………………………………………………………………………….

- Address: ………………………………………………………………………………………………………

– Phone number: ……………………. Fax: ……………………

- Representative (full name, phone number, email): …………………………………………………….

II. Situation of production and business activities of science and technology enterprises

According to Table 1/DNKHCN: Situation of production and business activities of science and technology enterprises

III. Recommendations, suggestions

We are committed to the accuracy, truthfulness and fully responsible for the contents of the report.

___________________

¹ The agency specialized in science and technology belongs to the People's Committee of the province or city directly under the Central Government where the enterprise's head office is located.

Table 1/DNKHCN

SITUATION

PRODUCTION AND BUSINESS ACTIVITIES OF SCIENCE AND TECHNOLOGY ENTERPRISE

Unit: million VND²

___________________

² Use dot to divide thousands, comma to divide decimals.

³ Specify: Enterprises with state capital or enterprises without state capital.

⁴ Total investment budget for science and technology of the year: including investment funds for research and development activities, technology transfer, innovation and application of technology.

⁵ Preferential credit loans: state the amount of capital borrowed from the Vietnam Development Bank and the State's S&T development funds.

⁶ For the performance of S&T tasks (themes, projects, pilot production projects) using the state budget: state the level of funding allocated by the state budget to perform the tasks.