01:39 | 15/09/2023

What are the procedures for evaluation of dossiers of application for Certificate of high technology application activities in Vietnam?

What are the procedures for evaluation of dossiers of application for Certificate of high technology application activities in Vietnam? Q.A - Da Lat.

Vietnam: What is high technology?

Based on Article 3 of the Law on high technologies 2008, high technology means a technology which has a high scientific research and technological development content; is integrated from modern scientific and technological achievements; can turn out environmentally friendly products of superior quality and utilities and high added value; and plays an important role in the formation of a new production or service industry or the modernization of an existing production or service industry.

What are the procedures for evaluation of dossiers of application for Certificate of high technology application activities in Vietnam?

What are the procedures for evaluation of dossiers of application for Certificate of high technology application activities in Vietnam?

The procedures for evaluation of dossiers of application for Certificate of high technology application activities is specified in Article 4 of Circular 32/2011/TT-BKHCN amended by Clause 6, Article 1 of Circular 04/2020/TT- BKHCN as follows:

* Within 10 working days after receiving a complete and valid dossier, the director of the Registration Office of Science and Technology Activities (below referred to as the Registration Office) shall issue a decision to form an expert team to evaluate the certificate application dossier.

- The expert team is composed of 5-7 members, including the team head being a leader of the Registration Office, the secretary being a staff member of the Registration Office, representatives of related units of the Ministry of Science and Technology and specialists and scientists in the domains to be evaluated;

- Dossier evaluation meeting

+ The expert team secretary shall provide team members with related documents at least 5 working days before the meeting is held;

+ The expert team meeting shall be held within 10 working days after the issuance of the decision to form the team and attended by at least two- thirds of the team members. The team shall operate on the principle of collegialism and secret ballot to approve the certificate grant. A decision is made when at least two-thirds of members present at the meeting vote for it.

+ Based on the expert team’s conclusions, the Registration Office shall finalize and submit the dossier to the Minister of Science and Technology for consideration and grant of a certificate to the applicant.

- For a complicated and large-scale application case, the Registration Office director shall propose the Minister of Science and Technology to form a consultancy council for dossier evaluation:

+ The Minister of Science and Technology shall issue a decision to form a consultancy council to evaluate a certificate application dossier (below referred to as the Council) at the proposal of the Registration Office director;

+ The Council is composed of 9-11 members, including the chairman, vice chairman and members. The Council has 2 counter-argument members who are experts in the domains related to the certificate application dossier. Half of the Council members are prestigious and responsible specialists with professional qualifications and knowledge on the high technology concerned and at least 5 recent years working in the high technology concerned. The other Council members are representatives of state management agencies, policymaking agencies, ministries, sectors, corporations, economic groups and enterprises. Persons related to the certificate applicant may not join the Council;

+ The Council shall operate under Articles 5 and 6 of this Circular. The Registration Office director shall propose the Minister of Science and Technology to consider and decide on problems arising in the operation of the Council;

+ The Registration Office shall assume the prime responsibility for holding the meeting to evaluate the certificate application dossier. Council members shall conduct evaluation in an honest, objective and fair manner under this Circular and related documents. The Council shall keep confidential information related to the certificate application dossier;

+ Based on the Council’s conclusions, the Registration Office shall finalize and submit the dossier to the Minister of Science and Technology for consideration and decision to grant a certificate to the applicant.

- Information on organizations and persons obtaining certificates shall be published on the website of the Registration Office

What is the fund for evaluation of dossiers of application for Certificate of high technology application activities in Vietnam?

In Article 7 of Circular 32/2011/TT-BKHCN amended by Clause 3, Article 1 of Circular 04/2020/TT- BKHCN and Clause 1, Article 1 of Circular 15/2023/TT-BKHCN, regulations on service for evaluation of dossiers of application for Certificate of high technology application activities:

Funds for evaluation of certificate application dossiers
1. The cost of processing applications and carrying out inspection shall be covered by the science and technology funding, which is annually provided by the Ministry of Science and Technology to the Registration Office of Science and Technology Activities.
2. Expenditure items shall comply with regulations in Circular No. 03/2023/TT-BTC dated January 10, 2023 of the Minister of Finance of Vietnam on cost estimation, management and settlement of funding from state budget for performance of scientific tasks and relative documents.
3. Based on allocated estimates, the Registration Office shall annually spend their funds under this Circular and regulations on state budget management. Payment and finalization of these funds comply with the State Budget Law and its guiding documents.

Thus, according to the above regulations, based on allocated estimates, the Registration Office of Science and Technology Activities shall annually spend their funds under this Circular and regulations on state budget management. Payment and finalization of these funds comply with the State Budget Law and its guiding documents..

LawNet

Certificate
Legal Grounds
The latest legal advice
Related topics
MOST READ
{{i.ImageTitle_Alt}}
{{i.Title}}