Procedures for establishment of a hi-tech park in Vietnam (latest)

Latest procedures for establishment of a hi-tech park (Picture from Internet)

On May 10, 2024, the Ministry of Science and Technology of Vietnam issued Decision No. 856/QD-BKHCN on disclosure of new internal administrative procedures and internal administrative procedures to be repealed within the state administrative system under the management of the Ministry of Science and Technology.

Latest procedures for establishment of a hi-tech park

(1) Procedures:

- Step 1: 

The Ministry of Science and Technology shall assume the prime responsibility for assisting the Prime Minister in establishing hi-tech parks as prescribed in Article 31 of the Law on High Technologies of Vietnam.

- Step 2: Making an application for establishing a hi-tech park

The People’s Committee of a province shall prepare an application for establishing a hi-tech park as prescribed in Article 7 of Decree No. 10/2024/ND-CP of Vietnam’s Government and submit it to the Ministry of Science and Technology.

- Step 3: Collecting suggestions on the establishment of a hi-tech park

+ Within 05 working days after receiving the adequate applications as prescribed, the Ministry of Science and Technology shall send the application and suggestion collection documents to relevant state authorities;

+ Within 20 working days after receiving the suggestion collection documents with the enclosed application, authorities subject to the suggestion collection shall send written suggestions on the contents within their scope of state management to the Ministry of Science and Technology;

- Step 4: Consolidating and assessing application

Within 05 working days after receiving the adequate suggestion documents, the Ministry of Science and Technology shall assess the application according to Clause 3 Article 8 of Decree No. 10/2024/ND-CP.

In case of necessity, the Ministry of Science and Technology shall hold a meeting with relevant ministries, central authorities, and People’s Committees of provinces or establish an Advisory Council to clarify relevant issues.

- While assessing the application, if amendments to the application are needed, the Ministry of Science and Technology shall notify the People's Committee of the province of the implementation in writing. The time for amending the application shall not be included in the time for assessing the application.

- Step 5: Completing the application and submitting it to the Prime Minister for consideration and decision

Within 05 working days after receiving the amended application for the establishment of the hi-tech park as requested (if any), the Ministry of Science and Technology shall formulate an application according to Clause 1 Article 9 of Decree No. 10/2024/ND-CP and submit it to the Prime Minister for consideration and decision on the establishment of the hi-tech park.

(2) Composition and quantity of application:

* Composition of the application for establishing a hi-tech park, which is prepared by the People’s Committee of a province:

- Statement on the request for the establishment of the hi-tech park for presentation to the Prime Minister of Vietnam;

- Scheme to establish the hi-tech park, which includes:

+ Legal grounds and necessity for the establishment of the hi-tech park; 

+ Assessment of the status, geographical and natural elements and conditions, natural resources, science and technology, socio-economy, limitations, and comparative advantages of the area suggested for the establishment of the hi-tech park compared to other areas in the province or centrally affiliated city;

+ Assessment and presentation of the capacity for satisfying conditions for establishing hi-tech parks as prescribed in Clauses 1 and 2 Article 5 of Decree No. 10/2024/ND-CP (enclosed with relevant documents);

+ Expected direction for the development of the hi-tech park: development objectives, nature, functions, and tasks of the hi-tech park; direction for the development of prioritized sectors and fields in the hi-tech park; orientation of the organization of functional areas for the implementation of tasks according to the Law on High Technologies, preliminary direction for space development and land use planning; direction for the development of personnel and managers;

+ Expected total investment capital, measures to mobilize sources, and assignment of responsibilities for investment in the technical infrastructure system of the hi-tech park; plans and road maps for investment in the construction and development of the hi-tech park;

+ Suggestions on solutions and their implementation;

+ Display of the scheme to establish the hi-tech park on the 1:10.000 - 1:25.000 map.

** Quantity of application: 10 sets (with 02 of them as the original)

* Applications for presentation of establishment of hi-tech parks presented by the Ministry of Science and Technology include:

- Statement of the Ministry of Science and Technology for presentation to the Prime Minister based on the application assessment results (enclosed with a draft decision on the establishment and operational regulations of the hi-tech park);

- Statement on the request for the establishment of the hi-tech park of the People's Committee of a province for presentation to the Prime Minister (that has been amended in case amendments are requested);

- Scheme to establish the hi-tech park of the People’s Committee of the province mentioned above (that has been amended in case amendments are requested);

- Enclosed proof documents (if any).

(3) Processing duration:

- Within 05 working days after receiving the adequate application as prescribed, the Ministry of Science and Technology shall send the application and suggestion collection documents to relevant state authorities;

- Within 20 working days after receiving the suggestion collection documents with the enclosed application, authorities subject to the suggestion collection shall send written suggestions on the contents within their scope of state management to the Ministry of Science and Technology;

- Within 05 working days after receiving the adequate suggestion documents, the Ministry of Science and Technology shall assess and consolidate the application according to Clause 3 Article 8 of Decree No. 10/2024/ND-CP.

In case of necessity, the Ministry of Science and Technology shall hold a meeting with relevant ministries, central authorities, and People’s Committees of provinces or establish an Advisory Council to clarify relevant issues.

- While assessing the application, if amendments to the application are needed, the Ministry of Science and Technology shall notify the People's Committee of the province of the implementation in writing. The time for amending the application shall not be included in the time for assessing the application.

- Within 05 working days after receiving the amended application for the establishment of the hi-tech park as requested (if any), the Ministry of Science and Technology shall formulate an application according to Clause 1 Article 9 of Decree No. 10/2024/ND-CP and submit it to the Prime Minister for consideration and decision on the establishment of the hi-tech park.

More details can be found in Decision No. 856/QD-BKHCN of the Ministry of Science and Technology of Vietnam, which takes effect from May 10, 2024.

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