Procedures for determining projects with/without outdated technology in Vietnam

Procedures for determining projects with/without outdated technology in Vietnam (Internet image)

On February 22, 2024, the Ministry of Science and Technology issued Decision 156/QD-BKHCN on the announcement of newly issued administrative procedures on determination of projects with outdated technology, potential for environmental pollution and resource depletion within the scope of management functions of the Ministry of Science and Technology.

Procedures for determining projects with/without outdated technology at the central level in Vietnam

Specifically, the procedure for determining projects with/without outdated technology that could potentially cause environmental pollution and consume resources at the central level is prescribed as follows:

(1) Implementation order:

- The investor prepares 01 set of dossiers requesting technology identification, sends it directly or by post to the Single-Window Department of the Ministry of Science and Technology, or sends them online on the Information System for handling administrative procedures of the Ministry of Science and Technology.

- For documents that are incomplete or not valid according to regulations, the Single-Window Department immediately returns the documents to the investor and clearly informs them of the documents that need to be amended and supplemented so that the investor can complete the documents in case the investor submits the application directly to the Single-Window Department. In case the investor submits the application online or by post, within 02 working days from the date of receipt of the application, the Ministry of Science and Technology will send a written request to the investor to amend, supplement, or complete the profile.

- Within 03 working days from the date of receipt of complete and valid documents, the Ministry of Science and Technology sent a document to the Ministry of Natural Resources and Environment and relevant specialized management ministries for comments and coordination. If necessary, the Ministry of Science and Technology consults with independent organizations and experts to consult on expertise and determine the technology of investment projects.

- Within 15 working days, the agency receiving opinions will coordinate, and organizations and independent experts will submit written opinions to the Ministry of Science and Technology.

- For large-scale investment projects with complex technology, in case of necessity, within 20 working days from receipt of complete and valid documents, the Ministry of Science and Technology decided to establish a Science and Technology Advisory Council and organize a field survey to determine the technology of investment projects.

- Within 05 working days from the date of receiving all comments from the coordinating agency, the science and technology advisory council, organizations, independent experts, and the Ministry of Science and Technology have opinions on determining the project's technology in writing to investors.

(2) Submission methods:

Submit application for technology identification directly or by post to the Single-Window Department of the Ministry of Science and Technology, or submit it online on the information system for handling administrative procedures of the Ministry of Science and Technology. .

(3) Components and quantity of documents:

- Document components include:

+ Written request for technology identification;

+ Explanation of the current status of technology used in investment projects;

+ Valid certificate of inspection of machinery, equipment, and technological lines used in the investment project.

- Number of documents: 01 set.

(4) Processing time limit:

- Within 23 working days from the date of receipt of complete and valid documents according to regulations.

- For large-scale investment projects with complex technology, the processing time may be extended by 20 days.

Procedures for determining projects with/without outdated technology at the provincial level in Vietnam

Procedures for determining projects with/without outdated technology that pose a potential risk of environmental pollution and are resource-intensive at the provincial level are prescribed as follows:

(1) Procedures:

- The investor prepares 01 set of dossiers requesting technology identification, sends them directly or by post to the Provincial Public Administration Service Center, or sends them online on the Provincial Administrative Procedures Information System.

- For documents that are incomplete or not valid according to regulations, the Provincial Public Administration Service Center immediately returns the documents to the investor and clearly informs them of the documents that need to be amended and supplemented for investors to complete documents in case investors submit documents directly. In the event that the investor submits documents online on the Provincial Administrative Procedures Information System or by post within 02 working days from the date of receiving the dossier, the Department of Science and Technology will send a written request to the investor to amend, supplement, and complete the dossier.

- Within 03 working days from the date of receipt of complete and valid documents, the Department of Science and Technology sent a document to the Department of Natural Resources and Environment and relevant specialized management agencies at the same level for comments and coordination. If necessary, the Department of Science and Technology consults with independent organizations and experts to consult on expertise and determine the technology of the investment project.

- Within 15 working days, the agency receiving opinions will coordinate with organizations and independent experts to submit written opinions to the Department of Science and Technology.

- For large-scale investment projects with complex technology, in case of necessity, within 20 working days from receipt of complete and valid documents, the Department of Science and Technology decided to establish a Science and Technology Advisory Council and organize a field survey to determine the technology of investment projects.

- Within 05 working days from the date of receiving all opinions from coordinating agencies, science and technology advisory councils, organizations, and independent experts, the Department of Science and Technology has a written opinion on determining the project's technology and sending it to investors.

(2) Submission methods

Submit application for technology identification directly or by post to the Public Administrative Service Center, or submit it online on the Provincial Administrative Procedures Information System.

(3) Components and quantity of documents:

- Document components include:

+ Written request for technology identification;

+ Explanation of the current status of technology used in investment projects;

+ Valid certificate of inspection of machinery, equipment, and technological lines used in the investment project.

- Number of documents: 01 set.

(4) Processing time limit:

- Within 23 working days from the date of receipt of complete and valid documents according to regulations.

- For large-scale investment projects with complex technology, the processing time may be extended by 20 days.

More details can be found in Decision 156/QD-BKHCN, taking effect on February 22, 2024.

Ho Quoc Tuan

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