Procedures for issuing decisions on the establishment of foreign-invested science and technology organizations in Vietnam

Procedures for issuing decisions on the establishment of foreign-invested science and technology organizations in Vietnam (Internet image)

The above matter is stipulated in Article 15 of Decree 80/2010/ND-CP:

1.  Dossier of request for the establishment of a foreign-invested science and technology organization:

- A written request for the establishment of a science and technology organization;

- The written certification of the legal status of the foreign organization or individual concerned;

- The draft operation charter;

- The investment certificate, granted by a state management agency in charge of investment;

- The project on establishing a science and technology organization, covering explanations about the necessity for the establishment of the organization; the conformity with science and technology development strategies and plans; objectives, contents and scope of scientific and technological activities in Vietnam; investment scope; expected science and technology human resources; and financial analysis (if any);

- A document, issued by the People's Committee of the province or centrally run city in which the organization is to be headquartered, accepting the location of the organization;

- The audited financial statement or equivalent documents of the latest fiscal year of the foreign organization or individual.

In case the project on establishing a science and technology organization is associated with investment in work construction, the dossier must include the investment project on work construction (the feasibility study report) according to the law on investment in work construction.

The dossier above must be translated into Vietnamese and consularly legalized.

2. Sequence of and procedures for issuing establishment decisions

- Organizations and individuals shall send 5 (five) sets of dossier, including 1 (one) original, to the Ministry of Science and Technology; Within 10 (ten) working days after receiving a dossier, the Ministry of Science and Technology shall examine the validity of the dossier.

• If the dossier is invalid, the Ministry of Science and Technology shall notify in writing the invalidity to the applicant for modification or supplementation of the dossier.

• If the dossier is valid, the Ministry of Science and Technology shall send it to relevant ministries and the People's Committee of the province or centrally run city in which the organization is to be headquartered for comment.

- Within 15 (fifteen) working days after receiving a dossier of request for the establishment of a foreign-invested science and technology organization, relevant ministries and the People's Committee of the province or centrally run city in which the organization is to be headquartered shall give written opinions on matters under their management and take responsibility for their opinions;

- Within 30 (thirty) working days after receiving a valid and complete dossier, the Ministry of Science and Technology shall make an appraisal report and propose the Prime Minister to issue a decision on the establishment of a wholly foreign-owned science and technology organization as prescribed in Clause 1, Article 14 of this Decree or issue a decision of the establishment of a foreign-invested science and technology organization as prescribed in Clause 2, Article 14 of this Decree;

- In case the dossier of request for the establishment of a foreign-invested science and technology organization is rejected, the Ministry of Science and Technology shall send a written notice to the applicant, clearly stating the reason;

- Within 10 (ten) working days after the issuance of a decision on the establishment of a foreign-invested science and technology organization, the Ministry of Science and Technology shall make copies of this decision and send them to the Government Office, the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Public Security, the People's Committee of the province or centrally run city in which the organization is to be headquartered, and relevant ministries, branches and agencies;

- Within 30 (thirty) working days after the issuance of its establishment decision, the foreign-invested science and technology organization shall carry out procedures for registration of scientific and technological activities according to law.

More details can be found in Decree 80/2010/ND-CP, which comes into force from September 1, 2010.

Nguyen Phu

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