Circulars about the authority, order, certified procedures established new business from investment projects in manufacturing products of high technology are encouraged to develop _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ high technology law base on November 13, 2008;
Pursuant to Decree No. 28/2008/ND-CP dated 14 March 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of science and technology;
Pursuant to decision No. 49/2009/QD-TTg on Jul. 19, 2010 by the Prime Minister approving the list of high priority technology investment and high technology product categories are encouraged to develop;
The Minister of science and technology authority, guide the sequence, certification of new established businesses from investment projects in manufacturing products of high technology are encouraged to develop the provisions in paragraph 3 article 17 high technology law as follows: article 1. Scope this circular guide on the authority, order, certified procedures established new business from investment projects in manufacturing products of high technology are encouraged to grow attached to decision No 49/2009/QD-TTg on Jul. 19, 2010 by Prime (hereinafter the new established businesses).
Article 2. The object that applies to this circular apply to businesses of all economic sectors was formed from new investment projects in Vietnam in manufacturing products of high technology are encouraged to grow attached to decision No 49/2009/QD-TTg on Jul. 19, 2010 by the Prime Minister.
Article 3. The certification authority established new business 1. The Ministry of science and technology is the agency competent to grant, revoke the certificate of new established businesses from project to product production (hereinafter referred to as the certificate) in the high-tech product category are encouraged to grow.
2. active Certification Office and high-tech science and technology enterprise under the Ministry of science and technology (hereinafter the Office) is responsible for receiving documents, evaluation and organization process the Minister of science and technology level certificates.
Article 4. The profile requires certification of new established businesses 1. The records include: a) the certification form of the new established businesses under Schedule B1-DNTLM attached to circular No. 32/2009/TT-BKHCN on November 15 in 2011của Minister of science and technology;
b) certified copies of business registration certificate or certificate of investment;
c) A presentation of businesses that meet the criteria of investment projects and high-tech products manufacturing according to the schedule of B2-TMDNTLM attached to circular No. 32/2009/TT-BKHCN on November 15, 2010 the Minister of science and technology.
2. The records suggest the new established business certified made with Vietnamese language and form 2 (two) the submission directly or sent by post to the Office of certification, including 1 (one) record store and 1 (one) record procedures as prescribed in this circular.
Article 5. Sequence, the certification procedure established new business 1. Order a certification procedure) within 5 working days from receipt of the certification office, is responsible for reviewing the adequacy, of records;
b) incomplete records case, valid, within 5 working days, must have certification office dispatch additional requirements, complete the profile submitted directly or by post to the business. Within 10 working days from the date of receiving the dispatch of additional requirements, complete record, businesses have the additional responsibilities, repair records and resubmit the certificate Office. If the time limit stated on that business does not improve, supplement or complement profile, improve the unsatisfactory Certification Office has denied writing the certification sent to business;
c) in the case of need, the certification office held opinions of the ministries, the people's committees of provinces and cities directly concerned within the time limit of 20 working days from the date of receiving the full, valid records to clarify the issues outlined in the proposed records;
d) within a period of 30 days from the date of receiving the full profile, or from the date of expiry of opinions of the ministries, the people's committees of provinces and cities centrally involved, the certification office is responsible for organizing the appraisal or suggested the establishment of evaluation Advisory Council as specified in circular No. 32/2009/TT-BKHCN on May 15 November 2010 the Minister of science and technology. Within 15 working days since the evaluation conclusions thereon, the certification office is responsible for submitting to the Minister of science and technology in the certification and send the business. The case rejected the certification they must inform in writing the reasons for the business.
2. The model certificate according to Schedule B4-DNTLM attached to circular No. 32/2009/TT-BKHCN on November 15, 2010 the Minister of science and technology.
Article 6. Revocation of a certificate established new business 1. The certificate is revoked in the following cases: a) within a period of 12 months from the date of the certification that the business does not work;
b) forge records suggest the certification;
c) in violation of any of the prohibited acts prescribed in article 8 high technology law;
d) in the course of business activity which do not meet the provisions of the law on business establishment of new investment projects and high-tech products manufacturing;
DD) according to the decision, the proposal of the competent authority when the business for violations of the law during the operation.
2. The responsibility of the business recovered business certificates revoked certificates, depending on each specific case will be withdrawn, collection or reimbursement of the support, incentives have been affected since the date of the certification.
3. The Ministry of science and technology of the decision to revoke the certificate of a violation in the case prescribed in clause 1 of this article.
Article 7. Effect of certificate of new established businesses 1. The certificate is to be incentive clause 1 article 17 high technology law and the incentives, other support under the provisions of the law.
2. Certificate in force from the date of grant and have value to the end of the project to produce high-tech products.
Article 8. The responsibility of the certification office is responsible for organizing Guide, examine the implementation of this circular; do the clues to solve the problems arising in the process of implementation; the Minister of science and technology to decide these issues beyond jurisdiction and make recommendations to the competent bodies to handle violations of the provisions of the law.
Article 9. Handle violation of individual organization violates the provisions of this circular, depending on the nature and extent of the violation, consequences will be dealt with according to the provisions of the law.
Article 10. Effect and implementation 1. This circular has the effect after 45 days from the date of signing.
2. In the process of implementing, if there are obstacles, suggest the Organization, personal reflections in time about the Ministry of science and technology for consideration, additional instructions./.