New regulation of Vietnam on applications for determination of projects with obsolete technology from February 15, 2024

New regulation of Vietnam on applications for determination of projects with obsolete technology from February 15, 2024 

According to the Decision, an application for the determination of projects with obsolete technology includes: 

- An application form for project technology determination following Form No. 01 in the Appendix of Decision No. 29/2023/QD-TTg;

- Notes to current technology employed in the project following Form No. 02 in the Appendix of Decision No. 29/2023/QD-TTg;

- A valid certificate of inspection of machinery, equipment, and technological lines used in the project (hereinafter referred to as the "certificate of inspection"), which shows the contents following Form No. 03 in the Appendix of Decision No. 29/2023/QD-TTg.

Procedure for technology determination of projects with obsolete technology 

Procedure for technology determination of projects with obsolete technology according to Decision No. 29/2023/QD-TTg is as follows: 

- The investor sends one set of application for project technology determination, in person, by post, or via the online public service portal to the agency that leads the technology determination according to their authority as prescribed in Points a and b, Clause 11, Article 27 of Decree No. 31/2021/ND-CP.

- If the application is incomplete or invalid and the investor submitted it in person at the single-window division of the lead agency, the lead agency shall immediately return it to the investor with clear instructions on necessary amendments or additions. If the application is incomplete or invalid and the investor submitted it via the online public service portal or by post, after 2 working days of receiving the application, the lead agency shall request the investor for necessary amendments or additions.

- After 3 working days of receiving a complete and valid application, the lead agency shall request the environmental authority and a specialized authority at the same level with the lead agency in writing for their consultation. Where necessary, the lead agency may also seek expert opinions from independent organizations or individuals to assist in the technology determination process.

- Within 15 working days, the agencies that are consulted, independent organizations and experts shall have their written opinions sent to the lead agency.

- For large-scale projects with complex technology, where necessary, the lead agency may, within 20 working days of receiving a complete application, establish a Science and Technology Advisory Council (as specified in Clause 3 Article 4 of Decision No. 29/2023/QD-TTg) and undertake an on-site visit to further assess the project technology.

- Within 5 working days of receiving all required feedback (agencies, Council, independent organizations, and experts), the lead agency shall issue a written determination on the project's technology, using Form No. 04 in the Appendix of Decision No. 29/2023/QD-TTg.

See more details in Decision No. 29/2023/QD-TTg, effective as of February 15, 2024. 

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE