Procedures for granting a certificate of high-tech agricultural enterprise in Vietnam

Procedures for granting a certificate of high-tech agricultural enterprise in Vietnam (Internet image)

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

1. Procedures for granting the Certificate of hi-tech agricultural enterprise in Vietnam

Procedures for granting the Certificate of agricultural enterprise applying high technology in Vietnam according to Article 4 of Decision 19/2018/QD-TTg are as follows:

- Organizations and individuals shall compile dossiers of application for the Certificate of hi-tech agricultural enterprises and send them by post or send it directly to the Department of Agriculture and Rural Development of the province or city directly under the Central Government, where the enterprise has registered its business.

- Dossier is made into 02 sets, including:

+ A written request for recognition of hi-tech agricultural enterprises, made according to Form No. 01 specified in the Appendix issued together with Decision 19/2018/QD-TTg;

+ A copy of the business registration certificate, the investment certificate or the granted certificate of science and technology enterprise;

+ An explanation of the enterprise meeting the criteria specified in Article 2 according to Form No. 02 specified in the Appendix issued together with Decision 19/2018/QD-TTg; The evidence for the content of the explanation includes:

++ A copy of the enterprise's financial statement for 2 consecutive years before applying for recognition as a hi-tech agricultural enterprise;

++ Copies of contracts on research, technology transfer, purchase of supplies and equipment for technology and product innovation, etc. of the enterprise; .

++ Copies of labor contracts and diplomas of employees with university or higher qualifications who are directly conducting research and development at the enterprise;

++ A copy of the valid certificate of conformity with standards or regulations of products and goods manufactured by the enterprise;

++ A copy of the document proving environmental protection that has been granted by a competent authority.

- Order and procedures for appraisal and grant of certificates of high-tech agricultural enterprises:

+ Within 05 working days from the date of receiving the dossier, the Department of Agriculture and Rural Development is responsible for checking the completeness and validity of the dossier, deciding to establish a Team to appraise dossiers for recognition of high-tech enterprises (hereinafter referred to as the Appraisal Team for short) for valid dossiers or to notify the enterprise in writing of incomplete and invalid dossiers; The time the enterprise adds and completes the dossier is not included in the appraisal time.

The composition of the appraisal team has from 7 to 9 members, including: The leader is the leader representative and 01 secretary is an expert from the Department of Agriculture and Rural Development; other members include representatives of the Departments of Finance, Planning and Investment, Justice, Natural Resources and Environment, Science and Technology; In addition, some relevant experts can be invited.

+ Within 07 working days after the establishment decision is issued, the appraisal team shall hold a meeting to appraise the dossier when at least two-thirds of the members are present. The appraisal team is responsible for evaluating the dossier prepared by the enterprise for completeness, accuracy, and satisfying the conditions as prescribed; make minutes of the meeting and send them to the Department of Agriculture and Rural Development.

+ Within 03 working days from the date of the meeting, based on the results of the meeting of the Appraisal Team, the Department of Agriculture and Rural Development shall submit it to the People's Committee of the province for consideration and a decision to grant the Certificate of High-Tech Agricultural Enterprise.

+ Within 03 working days from the date of receipt of the aggregate results from the Department of Agriculture and Rural Development, the provincial-level People's Committees are responsible for deciding whether to grant the Certificate of hi-tech agricultural enterprise and sending it to the enterprise. In the event of a refusal to grant the Certificate, it must notify the enterprise in writing and clearly state the reason.

+ Funding for the meeting of the Appraisal Team is taken from the local budget, according to current regulations.

- The form of Certificate of agricultural enterprise applying high technology according to Form No. 03 specified in the Appendix issued together with Decision 19/2018/QD-TTg.

2. Competence to recognize hi-tech agricultural enterprises in Vietnam

The authority to recognize hi-tech agricultural enterprises in Vietnam according to Article 3 of Decision 19/2018/QD-TTg is as follows:

- Provincial-level People's Committees are competent to grant certificates of high-tech agricultural enterprises to registered businesses in the province.

- The Department of Agriculture and Rural Development shall organize the appraisal of the enterprise's application for recognition and submit it to the provincial People's Committee for consideration and decision on recognition of the hi-tech agricultural enterprise.

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