Order and procedures for establishment of public scientific and technological organization in Vietnam

Order and procedures for establishment of public scientific and technological organization in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Conditions for establishment of scientific and technological organization in Vietnam

According to Article 4 of Decree 08/2014/ND-CP, scientific and technological organization is established upon satisfaction of following conditions:

- Charter of organization and operation

+ Name of scientific and technological organization includes full name, international transaction name and abbreviated name (if any) that are written in the letters in the Vietnamese alphabet, possibly with the letters F, J, Z, W, numerals and symbols that can be pronounced. The full name includes the form of scientific and technological organization and its proper name;

The name of organization must be consistent with the main areas of operation, not overlap with other scientific and technological organizations, not use words and symbols in violation of historical, cultural, ethic tradition and habits and customs of the people, ensure non-infringement of intellectual property rights of organizations and individuals who are protected in Vietnam.

+ Objectives and line of operation of scientific and technological organization must not violate the provisions of Article 8 of the Law on Science and technology and other relevant legal documents;

+ Head office with address clearly defined by administrative name, telephone and fax number and e-mail (if any);

+ Representative

+ Functions, duties and powers of scientific and technological organization are consistent with the objectives and line of operation;

+ Area of operation: related to one of the areas of scientific research and technological development, experimental implementation, trial production, product making and business as result of scientific research and technological development, scientific and technological services;

Where the scientific and technological organization is established by individual, the area of operation is stipulated in Clause 4, Article 20 of the Law on Science and technology;

+ Organizational structure, duties and powers of titles of leadership and other organs of scientific and technological organization;

+ Charter capital of organization including cash and other assets converted into money; principle of increase and decrease in working capital and other financial principles;

+ Conditions, order and procedures for merger, division, separation and dissolution (if any).

+ Commitment to compliance with the law.

- Human resources for science and technology

+ Each scientific and technological organization must have at least 05 (five) persons with university degree or higher working full-time and part-time in which there is at least 30% having professional skills in accordance with the key areas applied for operation registration and at least 40% working full-time;

In case of establishment of scientific and technological organization for development of new science and technology, the scientific and technological organization must have at least one person with university degree related to the sector registered for operation working full-time;

+ The head of scientific and technological organization must have university degree or higher with management experience and appropriate professional capacity;

For scientific and technological organization as a university education facility, its head must meet the conditions stipulated by law on university education;

- Material and technical facilities

Being entitled to own or use head office, workshop, laboratory, machinery, equipment, intellectual property and other material and technical facilities to perform the functions and tasks of scientific and technological organization;

- For public scientific and technological organizations, they must be consistent with the network of scientific and technological organization approved by the Prime Minister;

- For public scientific and technological organizations with foreign capital, they must meet the requirement specified in Clause 3, Article 11 of the Law on Science and technology;

2. Order and procedures for establishment of public scientific and technological organization in Vietnam

Order and procedures for establishment of public scientific and technological organization in Vietnam under Article 6 of Decree 08/2014/ND-CP are as follows:

- Dossier to request the establishment of public scientific and technological organization include a report on establishment, scheme of establishment, draft establishment decision and draft Charter of organization and operation;

- Dossier to request the establishment of public scientific and technological organization is made into 02 (two) sets and sent by post or directly to the competent authorities of establishment specified in Clause 1, Article 12 of the Law on Science and Technology;

- Within 05 working days, from the date of receipt of dossier specified in Clause 1 of this Article, the competent authorities shall verify the validity of dossier. If it is not valid, the competent authorities shall give a written notice to the organization preparing dossier for modification and addition;

- Within 30 days from the date of receipt of valid dossier, the following agencies must have their appraisal opinions:

+ Ministry of Science and Technology for the central public scientific and technological organizations;

+ Service of Science and Technology for other scientific and technological organizations;

- Where the Ministry of Science and Technology establishes the attached scientific and technological organizations, the Minister of Science and Technology shall set up an inter-agency Council for appraisal.

The Council consists of scientists, managers, legal experts. The representative of Science and Technology does not exceed 1/3 of the Council’s total members;

- Within 15 working days from the date of receipt of written appraisal, the competent authority of establishment shall consider and decide the establishment. In case of refusal to establish the scientific and technological organization, the competent authority shall send written notice to organizations and individuals stating the reasons;

- Order and procedures for establishment of scientific and technological organization as a university education facility; the appraisal of establishment of public university education facility must have the participation of the Ministry of Science and Technology;

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