What conditions for the charter of organization and operation of scientific and technological organizations in Vietnam?

What conditions for the charter of organization and operation of scientific and technological organizations in Vietnam? (Internet image)

According to Clause 3 of Article 6 Circular 03/2014/TT-BKHCN, the charter of organization and operation of scientific and technological organizations in Vietnam must satisfy the following conditions:

- The charter of the scientific and technological organization must satisfy the requirements prescribed in Article 4 of the Decree 08/2014/ND-CP.

+ The charter must be approved by the authority or organization establishing the scientific and technological organization. Essential functions and tasks stated in the charter must be suitable to the business lines and fields of operation of that governing authority or organization. Amendments to the charter shall be decided by the authority or organization approving that charter or as regulated in the charter.

+ With regard to the public scientific and technological organization, the statute of organization and operation which is promulgated by the state competent authorities may replace for the organization’s charter.

+ If the scientific and technological organization is established by the contribution of capital, its charter must have the signatures of the capital contributors affixed hereof and be approved by one contributor authorized by the others.

+ With regard to the foreign invested scientific and technological organization, the contents and fields of operation must comply with Clause 3 Article 11 of the Law on Science and Technology.

- If the scientific and technological organization is established by individuals, its charter shall apply the Form 7 stated in the Annex herewith.

The charter must have the signature of the entities establishing such organization, be appraised by the authority issuing the certificate of appraisal and comes into force from the issued date of such certificate. Fields of operation of the scientific and technological organization established by individuals shall comply with the regulations of the Prime Minister.

- The charters of universities shall comply with the regulations of the Prime Minister.

- The organization's name shall comply with Article 4 of the Decree 08/2014/ND-CP and the following guidelines:

+ Full name in Vietnamese includes the form of the organization (institute, center, etc.) and separate name of the organization which must be in consistent with its registered fields of scientific and technological operations.

+ International transaction name is the name of the scientific and technological organization in foreign language which is translated from corresponding name in Vietnamese; the separate name may be unchanged or translated into corresponding meaning in foreign language.

+ Abbreviated name: if the scientific and technological organization has abbreviated name (including Vietnamese and foreign language), the abbreviated name must include the first letters of the key words (or phrases) of the organization's name.

+ The scientific and technological organization shall assume responsibilities for its selection of names, including full name in Vietnamese, international transaction name and abbreviated name.

- Charter capital:

+ With regard to the public scientific and technological organization, its charter capital shall be decided by the state competent authority.

+ With regard to the non-public or foreign invested scientific and technological organization, its charter capital shall be decided by the entities establishing such organization. In which, the cash capital at the time of registration must meet its recurrent expenditure (including salaries, wages and payments for its apparatus's operations, etc) within at least 01 year.

+ With regard to the foreign invested scientific and technological organization, the foreign party’s capital contribution percentage must be at least 10% of its charter capital.

More details can be found in Circular 03/2014/TT-BKHCN, which comes into force from 15, 2014.

Thuy Tram

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