Thông tư 03/2014/TT-BKHCN

CIRCULAR

GUIDANCE ON REQUIREMENTS FOR ESTABLISHMENT AND REGISTRATION OF OPERATIONS OF SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS AND THEIR REPRESENTATIVE OFFICES AND BRANCHES

Pursuant to the Government’s Decree No. 20/2013/ND-CP dated February 26, 2013 defining functions, duties, powers and apparatus of the Ministry of Science and Technology;

Pursuant to the Government’s Decree No. 08/2014/ND-CP dated January 27, 2014 detailing and guiding the implementation of a number of articles of the Law on Science and Technology;

At the request of the Chief of the Registration Office of Science and Technology Activities,

The Minister of Science and Technology promulgates a Circular to provide guidance on requirements for establishment and registration of operations of scientific and technological organizations and their representative offices and branches.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. Scope:

This Circular provides guidance on the implementation of a number of articles of the Government’s Decree No. 08/2014/ND-CP dated January 27, 2014 detailing and guiding the implementation of a number of articles of the Law on Science and Technology (hereinafter referred to as the Decree No. 08/2014/ND-CP) regarding the requirements for establishment and the application for registration of operations of scientific and technological organizations; the application and procedures for establishment and registration of operations of the representative offices and branches of scientific and technological organizations; reports on operating results of the scientific and technological organizations and their representative offices and branches.

2. Regulated entities:

a) Authorities and entities who establish the scientific and technological organizations in Vietnam;

b) Public, non-public and foreign invested scientific and technological organizations or foreign scientific and technological organizations whose representative offices or branches are established in Vietnam;

c) Public, non-public or foreign invested scientific and technological organizations establishing their affiliated scientific and technological organizations, representative offices and branches in foreign countries;

d) Authorities and entities related to registration of operations of scientific and technological organizations and their representative offices or branches.

Article 2. Interpretation of terms

In this Circular, these terms shall be construed as follows:

1. The scientific and technological organization established by individuals refers to a scientific and technological organization that is established by a person or a group of people.

2. Registration fields of scientific and technological operations are the fields defined in the establishment decision or the charter of organization and operation of a scientific and technological organization which has been approved by the competent authorities or entities and such fields must be in consistent with those stipulated by the law and suitable to that organization's functions and tasks.

3. Conditional business lines and fields are governed by the regulations defined in the Laws of the National Assembly, the Ordinances of the Standing Committee and the Government’s Decrees.

4. Charter capital is the required capital defined in the charter which is invested or shall be invested within a specific committed period by the entities who establish the scientific and technological organization (in cash or assets) for ensuring the performance of its targets, direction, charter and fields of operation.

5. Material – technical facilities are assets (including head office, workshop, laboratory, machinery, equipment and other assets, etc.) and cashes which are under the right to ownership or rights to enjoyment of the organization for ensuring the performance of its targets, direction, charter and fields of operation.

Article 3. Language and method of application

1. The application and official documents submitted to the state competent authorities of Vietnam shall be made in Vietnamese. If such documents are made in foreign languages, they must be translated into Vietnamese.

If the application includes papers granted or certified by the foreign competent authorities, they must be translated into Vietnamese with the consular legalization.

2. The application shall be submitted directly or by post to the certificate issuing or licensing authority.

Article 4. Regulations on consideration of the application

1. In the course of consideration of the application, in case of need, the licensing authority may/is entitled to:

a) Request the applicant to explain the application's contents;

b) Send written request for approval to the authorities or entities relating to conditional business lines and fields as regulated by the law;

c) Take advice from the experts or establish an advisory board for considering and evaluating the application submitted by the entities.

The members of the advisory board include qualified and prestigious scientists, managers and legal experts in relevant fields.

2. If the registered operations of the scientific and technological organization are concerned in the fields of state management of the Ministry of Science and Technology which have specific requirements on establishment and operation, the Registration Office of science and technology activities or Services of Science and Technology of provinces or central-affiliated cities (hereinafter referred to as the Service of Science and Technology) shall send written request for approval to the authorities that are authorized to perform the state management in such fields, except for the approval granted while the appraisal of establishment is executed.

Article 5. Registration for operation in Vietnam of scientific and technological organizations and their representative offices and branches

1. The scientific and technological organizations and their representative offices and branches in Vietnam shall register their operations at the Ministry of Science and Technology or Service of Science and Technology as regulated in Article 8 of the Decree No. 08/2014/ND-CP.

2. The foreign scientific and technological organization shall request the Ministry of Science and Technology to issue the Permit for establishment of its representative offices and branches in Vietnam as regulated in Article 21 of the Decree No. 08/2014/ND-CP.

3. While the scientific and technological organizations and their representative offices and branches register their scientific and technological activities or apply for the establishment Permit, they must pay fees and charges as regulated by the Ministry of Finance.

4. Forms of Certificate and Permit :

a) Certificate of scientific and technological operation registration (hereinafter referred to as the Certificate) which is issued by the Ministry of Science and Technology to the scientific and technological organization shall apply the Form 1 stated the Appendix herewith;

b) Permit for establishment of the representative offices and branches of the scientific and technological organization (hereinafter referred to as the Permit) which is issued by the Ministry of Science and Technology shall apply the Form 2 stated the Appendix herewith;

c) The Certificate which is issued by Service of Science and Technology to the scientific and technological organization shall apply the Form 3 stated the Appendix herewith;

d) Certificates of operation of the representative offices or branches (hereinafter referred to as the Certificate of operation) which is issued by Service of Science and Technology to the representative offices and branches of the public, non-public or foreign invested scientific and technological organizations shall apply the Form 4 stated the Appendix herewith;

Chapter 2.

PUBLIC, NON-PUBLIC OR FOREIGN INVESTED SCIENTIFIC AND TECHNOLOGICAL ORGANIZATION

Article 6. Requirements for establishment and initial registration of scientific and technological operations

If the public scientific and technological organization is one of regulated entities of the Government’s Decree No. 55/2012/ND-CP dated June 28, 2012 stipulating the establishment, reorganization and dissolution of public service units, the requirements, order and procedures for establishment shall be executed in accordance with regulations of the Decree No. 55/2012/ND-CP and the Decree No. 08/2014/ND-CP.

As for other scientific and technological organizations which are not regulated in the Government’s Decree No. 55/2012/ND-CP the requirements, order and procedures for establishment shall be executed in accordance with regulations of the Decree No. 08/2014/ND-CP.

Requirements for establishment and the application for registration of scientific and technological operation of the scientific and technological organization are regulated in Article 4 and Article 9 of the Decree No. 08/2014/ND-CP and the following guidelines:

1. The application form for scientific and technological operation registration:

The application form of the scientific and technological organization shall apply the Form 5 stated in the Appendix herewith.

2. Establishment decision:

The scientific and technological organization shall submit the copy (with consular legalization) of the establishment decision which has been granted by the competent authorities or entities as regulated in Article 12 of the Law on Science and Technology (except for the organization established by the individuals).

a) Public scientific and technological organization:

The establishment decision shall be granted by the competent authorities to the public scientific and technological organization after it has achieved the approval of appraisal results from the appraisal authorities or organizations as regulated in the Decree No. 55/2012/ND-CP and the Decree No. 08/2014/ND-CP.

b) If the scientific and technological organization is established by the contribution of capital for business cooperation of the authorities and entities:

The establishment decision made by one contributor authorized by the others is required.

c) If the scientific and technological organization is established by individuals:

The meeting minutes in which the signatures of the founders must be affixed to approve the essential contents related to the charter of organization and operation, the positions of leadership and managers and other contents is required.

d) Foreign invested scientific and technological organizations:

The foreign invested scientific and technological organization can be established after the establishment decision has been granted and its charter has been approved by the Minister of Science and Technology.

The application for the Permit for establishment of the foreign invested scientific and technological organization includes documents regulated in Article 7 of the Decree No. 08/2014/ND-CP The application form for establishment shall apply the Form 6 stated in the Annex herewith.

3. The charter of organization and operation:

a) The charter of the scientific and technological organization must satisfy the requirements prescribed in Article 4 of the Decree No. 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.

b) 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.

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

d) The organization's name shall comply with Article 4 of the Decree No. 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.

dd) 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.

e) The legal representative is the head of the scientific and technological organization as regulated in its charter or decided by the state competent authority.

4. Human resources of science and technology:

a) Requirements for human resources

The human resources of a scientific and technological organization must comply with the regulations in Article 4 of the Decree No. 08/2014/ND-CP.

If the scientific and technological organization is an institute, it must have at least one person with PhD degree and working full-time in the key fields applied for operation registration.

The cadres, public employees and servants who work in the non-public and foreign invested scientific and technological organization must comply with the law on cadres, public employees and servants.

b) The lists of human resources of the public scientific and technological organizations and universities shall apply the Form 8 stated in the Annex herewith.

As for the university, the list only includes the human resources engaging in research and development of registered fields of scientific and technological operations.

c) With regard to the non-public and foreign invested scientific and technological organization, in addition to the list of human resources regulated at Form 8 stated in the Annex herewith, the following documents are required:

- Regular members:

+ The application form for regular employment using Form 9 stated in the Annex herewith;

+ Certified true copies of degrees;

+ CV with the certification made within 01 year by the local competent authority or the authority of his previous working place before he starts his employment at the scientific and technological organization; if the regular member is not a Vietnamese citizen, the criminal record statement with certification made by the competent authority in foreign country within 01 year and consular legalization is required.

The authority issuing certificate can request the applicant to present the originals of his application for comparison in case of need.

- Members holding concurrent positions:

+ The application form for concurrent employment using Form 10 stated in the Annex herewith;

+ Certified true copies of degrees;

+ CV with the certification made within 01 year by the local competent authority or the authority of his official working place; if the member holding concurrent positions is not a Vietnamese citizen, the criminal record statement with certification made by the competent authority in foreign country within 01 year and consular legalization is required;

+ Letter of approval on holding concurrent positions granted by the authority of his official working place.

5. The head of the scientific and technological organization is institute's director, center's director or equivalent positions.

a) The head of the scientific and technological organization must have university degree or higher with appropriate professional capacity and having at least 01 year of management experience.

If the scientific and technological organization is an institute, its head must have PhD degree. In case the public institutes are established in a number of specific lines and fields, their heads shall be decided by the Minister of Science and Technology.

b) The heads of the non-public and foreign invested scientific and technological organizations must have university degrees or higher with management experience, appropriate professional capacity and working full-time.

c) The application of the head of the public scientific and technological organization includes:

- Copy (with legal certification) of the decision on appointment granted by the competent authority;

- Academic CV using Form 11 stated in the Annex herewith;

- Certified true copies of degrees.

d) The application of the head of the non-public and foreign invested scientific and technological organization includes:

- Documents which are required for regular members prescribed in point c Clause 4 of this Article;

- Copy (with legal certification) of the decision on appointment granted by the competent authority (except for the organizations which are established by individuals);

- Academic CV using Form 11 stated in the Annex herewith;

6. Material and technical facilities:

a) Total capital stated in the Certificate of the scientific and technological organization is total value of its material and technical facilities converted to cash at the time of operation registration. The aforesaid capital may be the partial or entire charter capital of such scientific and technological organization.

b) Lists of material and technical facilities of the public scientific and technological organizations and universities shall apply Form 12 stated in the Annex herewith.

c) AS for the non-public and foreign invested scientific and technological organizations, the lists of material and technical facilities shall apply Form 12 stated in the Annex herewith and the following documents are compulsory:

- Minutes of the meeting of the founders or the capital contributors with the following contents: capital contribution percentage; total capital (in cash and assets converted to VND), in which the capital contributed in cashes must meet requirements on recurrent expenditures within at least 01 year according to the organization's human resources and scale of operation;

- Commitment to capital contribution (in cash and assets) of each individual or capital contributor (if any);

- Documents proving the ownership or use right over the capital which shall be contributed as committed;

7. Head office:

a) The head office is a separate working place for conducting transactions and for contact and located in the territory of Vietnam. The head office’s address must include house number, name of street or commune, district, province; telephone number, fax number and email address (if any).

b) One of the following documents proving the head office is required:

- Copies (with legal certification) of documents proving that the ownership and use right of the house and land plot where the head office of the scientific and technological organization is located;

- Copies (with legal certification) of the lessor or lender’s documents proving the house ownership and the land use rights or documents proving that the leasing or lending is executed with permission and the lease or lending contracts; if the copy of contract is not legally certified, the original shall be presented to the receiver of the application for comparison and making certification in such copy.

c) Apart from the head office, the scientific and technological organization can apply for registration of other operating locations in the same province or city where its head office is located.

The application for registration of other operating locations shall be the same with those of the head office.

Article 7. The application for amendments or reissuance of the Certificate

1. The application for amendments:

a) Any amendments to the contents of the Certificate must comply with requirements stated in Article 6 of this Circular.

The application for amendments includes:

- The application form for amendments submitted by the scientific and technological organization using Form 13 stated in the Annex herewith;

- Issued Certificate;

- Documents related to amended contents, including:

+ Amendments to fields of operation:

Copies (with legal certification) of decision granted by the competent authority on amendments to the fields of operation of the scientific and technological organization; documents of human resources and material – technical facilities for meeting the requirements in the amended fields as regulated in Article 6 of this Circular (if any).

+ Rename the organization:

Copies (with legal certification) of decision granted by the competent authority on renaming the scientific and technological organization.

+ Rename the authority deciding the establishment or directly managing the scientific and technological organization:

Copies (with legal certification) of decision on renaming the authority deciding the establishment or directly managing such organization or change of the authority directly managing such organization.

+ Change of the organization's head:

The application of the head (as regulated in Article 6 of this Circular).

+ Change of the organization's head office (except for cases regulated in point b Clause 1 of this Article):

Documents relating to the head office (as regulated in Article 6 of this Circular).

+ Change of total capital as requested by the organization:

Documents relating to the capital (as regulated in Article 6 of this Circular).

b) If the change of the head office (moving to province or central-affiliated city other than the registered location of operation) results in the change of the authority issuing the certificate, the organization shall submit the written request for change of the head office, reports on operating results and original Certificate to the previous authority issuing the certificate. Within 07 working days, the authority issuing the certificate shall grant a certificate of having fulfilled procedures to the scientific and technological organization and sent the copy of the certificate and the application for operation registration of such organization to the authority issuing the certificate in the new location of the head office.

The scientific and technological organization shall submit the application to the authority issuing new certificate. The application includes:

- The application form for change of the Certificate using Form 13 stated in the Annex herewith;

- Documents relating to the head office (as regulated in Article 6 of this Circular).

Information of the old certificate (number, issued date and issuing authority) shall be recorded in the new one to ensure the continualness of operations of the scientific and technological organization.

2. The application for reissuance of the certificate:

a) If the certificate is lost, the scientific and technological organization must apply for the reissuance after such loss has been reported to the police office and published on the mass media.

Within 30 days from the date on which such loss is published, the scientific and technological organization must apply for the reissuance of the certificate. The application includes:

- The application form for reissuance of the Certificate using Form 13 stated in the Annex herewith;

- Certificate of the police office;

- Certificate of the entities publishing the notice of such loss.

b) If the certificate is torn or crumpled, the scientific and technological organization must apply for the reissuance of the certificate with the following application:

- The application form for reissuance of the Certificate using Form 13 stated in the Annex herewith;

- Issued certificate.

Chapter 3.

REPRESENTATIVE OFFICES AND BRANCHES IN VIETNAM OF NON-PUBLIC AND FOREIGN INVESTED SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS

Article 8. Requirements for establishment and the application for registration of operations of the representative offices and branches

The requirements for establishment of the representative offices and branches and the application, order and procedures for registration of operations of the representative offices and branches are regulated in Article 20 of the Decree No. 08/2014/ND-CP.

1. Initial registration:

The requirements for establishment and the application for registration of operations of the representative offices and branches shall comply with Article 20 of the Decree No. 08/2014/ND-CP The application includes:

a) The application form for registration of operations of the representative offices and branches using Form 14 stated in the Annex herewith;

b) Decision on establishment of the representative offices and branches;

c) Documents of the heads, human resources, head offices of the representative offices and branches of the scientific and technological organizations prescribed in Article 6 of this Circular;

d) Copies (with legal certification) of Certificate and Charter of organization and operation of the governing scientific and technological organization.

2. Registration for amendments or reissuance of the certificate of operation registration:

In case of amendments to one or a certain contents recorded in the Certificate of operation registration or if the certificate is lost, torn or crumpled, the representative office or branch shall apply for amendments or reissuance of the certificate at the Service of Science and Technology where its head office is located in accordance with regulations applicable to the scientific and technological organizations prescribed in Article 7 of this Circular.

In case of registration for amendments to the certificate of operation registration, the representative office or branch must ensure the requirements stated in Clause 1 Article 20 of the Decree No. 08/2014/ND-CP.

The application form for amendments or reissuance of the certificate of operation registration of the representative offices and branches shall apply Form 13 stated in the Annex herewith.

Article 9. Suspension or abrogation of validity of certificate of operation registration

1. The validity of certificate of operation registration of the representative office or branch is suspended within 06 months in the following cases:

a) The representative office or branch fails to come into operation upon the excess of 12 months from the date of issue of Certificate of operation registration;

b) Stopping its operation exceeding 12 consecutive months without any legitimate reason;

c) Failing to satisfy the conditions specified in Clause 1 Article 20 of the Decree No. 08/2014/ND-CP within 12 consecutive months;

d) The certificate of operation registration of the governing scientific and technological organization is suspended;

D) Failing to register for amendments or reissuance of Certificate of operation registration within 12 months from the date of amendment or loss.

2. The validity of certificate of operation registration of the representative office or branch shall be abrogated in the following cases:

a) Falsifying the contents declared in the application for issuance of such Certificate;

b) Under the decision and proposal of competent authorities when the representative office or branch commits acts of violation in its activities;

c) The representative office or branch fails or does not take the remedial measures as required by the competent authority upon the excess of suspension period of Certificate operation registration;

d) The validity of the Certificate operation registration of the governing scientific and technological organization is abrogated;

D) Under decision of the governing scientific and technological organization on termination of operations of the representative offices and branches.

3. The Service of Science and Technology shall grant decision on suspension or abrogation of the certificate of operation registration to the representative office or branch regulated in Clause 1 and Clause 2 of this Article and inform relevant authorities and entities of such suspension or abrogation.

Chapter 4.

REPRESENTATIVE OFFICES AND BRANCHES IN VIETNAM OF FOREIGN SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS

Article 10. The application for issuance of Permit for establishment of the representative offices and branches in Vietnam of foreign scientific and technological organizations

1. The application for Permit:

Requirements, application, order and procedures for establishing the representative offices and branches in Vietnam of foreign scientific and technological organizations are regulated in Article 21 of the Decree No. 08/2014/ND-CP; the fields of operations of such representative offices and branches in Vietnam must comply with Clause 3 Article 11 and Clause 2 Article 15 of the Law on Science and Technology.

The application form for Permit shall apply Form 15 stated in the Annex herewith.

2. The application for amendments to the Permit:

While the representative offices and branches apply for any amendments to the Permit , they must comply with requirements stated in Clause 1 Article 20 of the Decree No. 08/2014/ND-CP and Clause 2 Article 15 of the Law on Science and Technology. The amended Permit shall take effect within the effective period of the old one.

The application for amendments includes:

a) The written request for amendments to the Permit signed by the competent representative of the representative office or branch;

b) The issued Permit;

c) Documents relating to the amended contents, including:

- Amendments to the information of the foreign scientific and technological organization defined in the Permit:

Copies of certificate of operation registration or equivalent papers of the foreign scientific and technological organization with consular legalization.

- Renaming the representative office or branch:

Documents relating to the renaming of the foreign scientific and technological organization which results in the renaming of its representative offices and branches.

- Changing the head office of the representative office or branch:

Documents of the head office of the representative office or branch (as regulated in Article 6 of this Circular).

If the head office is moved to another province or city, the approval on locating the head office of the representative office or branch granted by the People's Committee of Province or City is required.

- Change of the head:

Requirements and documents of the head shall comply with Article 20 and Article 21 of the Decree No. 08/2014/ND-CP.

- Amendments to fields of operation of the representative offices and branches:

Copies (with consular legalization) of the amended charter of organization and operation or the branch or decision on amendments to the fields of operations of the representative office; documents of the human resources for meeting requirements on amended fields of operations shall apply those of the scientific and technological organization (as regulated in Article 6 of this Circular).

3. The application for renewal of the Permit:

Within 30 days before the expiry date of the Permit, if the foreign scientific and technological organization wants to continue its operation in Vietnam, it must carry out procedures for renewal of its Permit.

Renewal period of the establishment Permit of the representative offices and branches in Vietnam of the foreign scientific and technological organization shall comply with the operating period of such organization (if any) and not exceed 5 years.

The application for renewal includes:

a) The written request for renewal of the Permit signed by the competent representative of the foreign scientific and technological organization.

b) Copies (with consular legalization) of audited financial statements or other equally valid documents proving the existence and actual operations of such foreign scientific and technological organization of the latest financial year;

c) The issued Permit;

d) Copies (with consular legalization) of certificate of operation registration or equivalent papers of such foreign scientific and technological organization.

4. The application for reissuance of the Permit:

a) If the Permit is lost, the application for reissuance shall be executed after such loss has been reported to the police office and published on the mass media.

Within 30 days from the date on which the final publishing is made, the representative office or branch must submit the application for reissuance of the Permit. The application includes:

- The written request for reissuance of the Permit submitted by the representative office or branch;

- Certificate of the police office;

- Certificate of the entities publishing the notice of such loss.

b) If the Permit is torn or crumpled, the scientific and technological organization can apply for reissuance by submitting the following application:

- The written request for reissuance of the Permit submitted by the representative office or branch;

- The issued Permit.

5. Upon receiving the valid application, the duration for verification and issuance of the Permit in case of amendment or reissuance is 15 working days. The duration for renewal of the permit is 30 working days. If the competent authorities refuse to grant the permit, a written response with legitimate reasons shall be granted.

Article 11. Suspension and abrogation of the validity of the Permit

1. The permit’s validity is suspended within 06 months in the following cases:

a) The representative office or branch fails to come into operation upon the excess of 12 months from the issued date of the Permit.

b) Stopping its operation exceeding 12 consecutive months without any legitimate reason;

c) Failing to satisfy the conditions specified in Article 21 of the Decree No. 08/2014/ND-CP within 12 consecutive months;

d) Failing to register for amendments or reissuance of the Permit within 12 months from the date of amendment or loss of the Permit.

2. The permit’s validity is abrogated within 06 months in the following cases:

a) Falsifying the contents declared in the application for issuance of the Permit;

b) The representative office or branch fails or does not take the remedial measures as required by the competent authority upon the excess of suspension period of the Permit;

c) Under the decision and proposal of competent authorities when the representative office or branch commits acts of violation in its activities;

d) Under decision of the foreign scientific and technological organization on termination of operations of the representative office or branch.

D) The foreign scientific and technological organization puts its operation into an end.

3. The Ministry of Science and Technology shall grant decision on suspension or abrogation of the permit which has been issued to the representative office or branch as regulated in Clause 1 and Clause 2 of this Article and inform relevant authorities and entities of such suspension or abrogation.

Chapter 5.

AFFILIATED SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS, REPRESENTATIVE OFFICES AND BRANCHES OF VIETNAMESE SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS IN FOREIGN COUNTRIES

Article 12. Establishment of affiliated scientific and technological organizations in foreign country

Requirements, application and procedures for establishing affiliated scientific and technological organizations of a Vietnamese scientific and technological organization in foreign country shall comply with Article 18 of the Decree No. 08/2014/ND-CP.

The application shall apply Form 16 stated in the Annex herewith.

Article 13. Establishment of representative offices and branches of Vietnamese scientific and technological organization in foreign country

Requirements, application and procedures for establishing representative offices and branches of a Vietnamese scientific and technological organization in foreign country shall comply with Article 23 of the Decree No. 08/2014/ND-CP.

The application shall apply Form 17 stated in the Annex herewith.

Chapter 6.

REPORTS ON SCIENTIFIC AND TECHNOLOGICAL OPERATIONS

Article 14. Forms of operation reports

1. Forms of operation reports of scientific and technological organizations:

a) The public organizations shall apply the Form 18 stated in the Annex herewith.

b) Non-public and foreign invested organizations shall apply the From 19 stated in the Annex herewith.

c) Universities shall apply the Form 20 stated in the Annex herewith.

2. Forms of operation reports of representative offices and branches of scientific and technological organizations:

a) The representative offices and branches of domestic scientific and technological organizations shall apply the Form 21 stated in the Annex herewith.

b) The representative offices and branches of foreign scientific and technological organizations in Vietnam shall apply the Form 22 stated in the Annex herewith.

Article 15. Report policy, responsibility for preparing and submitting operation reports

1. Report policy:

a) The scientific and technological organizations and their representative offices and branches shall submit their annual reports ahead of the 15^th of December.

b) At the request of the state competent authorities, the scientific and technological organizations and their representative offices and branches must submit reports, documents and statements for any relevant matters.

2. Responsibility for preparing and submitting reports:

a) The scientific and technological organizations and their representative offices and branches shall comply with regulations on operation reports with authentic targets as stated in each report form; prepare reports in accordance with regulations on reported time and period; assume responsibility for the accuracy of reported information.

b) Mode of report submission: the organizations shall prepare operation reports in writing and send reported data files by email to the authority issuing the certificate or permit.

Chapter 7.

RESPONSIBILITIES OF AUTHORITIES ISSUING CERTIFICATE OR PERMIT, GOVERNING AUTHORITIES AND SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS

Article 16. Responsibilities of the authorities issuing certificate or permit

1. Responsibilities of the Ministry of Science and Technology:

a) Grant Certificates and Permits to the scientific and technological organizations and their representative offices and branches within its competence.

b) Monitor and inspect operations of the scientific and technological organizations and their representative offices and branches according to the contents defined in their Certificates or Permits granted by the Ministry of Science and Technology, take actions or send written proposals to the competent authorities to take actions against the violation acts as regulated by law.

c) Publish information on the website of the Ministry of Science and Technology of the foreign scientific and technological organizations and their representative offices and branches that have certificates or permits granted by the Ministry of Science and Technology; publish the information of suspension or abrogation of validity of certificate or permit.

d) Provide guidelines for Service of Science and Technology of professional tasks of registration of scientific and technological operations.

2. Responsibilities of the Service of Science and Technology:

a) Grant Certificates or Certificates of operation registration to the scientific and technological organizations and their representative offices and branches within its competence.

b) Monitor and inspect operations of the scientific and technological organizations and their representative offices and branches according to the contents defined in their Certificates granted by the Service of Science and Technology, take actions or send written proposals to the competent authorities to take actions against the violation acts as regulated by law.

c) Submit annual or unscheduled reports to the Ministry of Science and Technology of results of the issuance of Certificates or Certificates of operation registration to the scientific and technological organizations and their representative offices and branches.

d) Publish information on the website of the Service of Science and Technology of the scientific and technological organizations and their representative offices and branches that have certificates or certificates of operation registration granted by the Service of Science and Technology; publish the information of suspension or abrogation of validity of certificate or certificate of operation registration.

Article 17. Responsibilities of the governing authorities or organizations and the scientific and technological organizations

1. Responsibilities of the governing authority or organization of the scientific and technological organization:

a) Approve or ask the competent authorities for approval on the charter of organization and operation of the scientific and technological organization as prescribed herein.

b) Manage the scientific and technological organizations within its competence; dissolve, divide or merge the scientific and technological organizations in accordance with the law.

c) Cooperate with the competent authorities to take actions against the violation acts of the scientific and technological organizations in accordance with the law.

2. Responsibilities of the scientific and technological organizations:

a) Assume responsibilities before the law for any contents declared in the application for registration of scientific and technological operations.

b) Proclaim the establishment and registration of scientific and technological operations on the mass media.

c) Hang the signboards at the head office and operating locations and at the head offices of the representative offices and branches of the scientific and technological organization within 15 working days from the issued date of the certificate or permit. Minimum dimension of the signboard is 30cm x 50cm.

d) Comply with regulations on annual report or submit unscheduled operation reports at the request of the authorities issuing certificate or permit.

D) Report the Ministry of Science and Technology and relevant authorities of establishment of the affiliated scientific and technological organizations, representative offices and branches in foreign country within 30 days from the day on which the permit for operation is granted by the foreign competent authority.

e) Comply with the fields of science and technology defined in the issued Certificate or Permit and those regulated by law; carry out registration of any amendments and apply for reissuance of certificate or permit as regulated.

g) Comply with the Charter of organization and operation which has been approved by the competent authorities.

h) The scientific and technological organization must apply for the permission of the state competent authorities before it engages in any conditional fields of operation as regulated by the law.

i) If the scientific and technological organization engages in specific fields in which the requirements for establishment of such organization are regulated in the official documents promulgated by the competent superior authorities (such as the National Assembly, the Government or the Prime Minister), such official documents shall apply.

k) If the validity of the issued certificate, certificate of operation registration or permit is abrogated, it must be returned to the issuing authorities and relevant authorities or organizations must be informed of such abrogation.

Chapter 8.

IMPLEMENTATION

Article 18. Execution organization

1. The Registration Office of Science and Technology Activities directly under the Ministry of Science and Technology leads the enforcement of this Circular.

2. The scientific and technological organizations and their representative offices and branches shall check their requirements for establishment as regulated in the Decree No. 08/2014/ND-CP and this Circular and self-fulfill unsatisfactory requirements as prescribed before March 15, 2016.

3. Any amendments or reissuance of the certificate, certificate of operation registration or Permit of the scientific and technological organization which has registered its operations at the Ministry of Science and Technology or Service of Science and Technology shall be executed at the authorities making the first issuance.

4. With regard to the foreign invested scientific and technological organizations having the certificates or letters of approval on their charters granted as regulated in the Government's Decree No. 80/2010/ND-CP dated July 14, 2010 stipulating the foreign cooperation and investment in the scientific and technological field, amendments to the charters of organization and operation of these organizations shall be executed in accordance with Article 7 of the Decree No. 08/2014/ND-CP.

Article 19. Effect

1. This Circular shall take effect from May 15, 2014.

2. This Circular shall replace for the Circular No. 02/2010/TT-BKHCN dated March 18, 2010 of the Minister of Science and Technology guiding requirements for establishment and registration of operations of the scientific and technological organization and the Circular No. 01/2011/TT-BKHCN dated March 16, 2011 of the Minister of Science and Technology guiding requirements for establishment and registration of operations of the foreign invested scientific and technological organizations and their representative offices and branches in Vietnam.

3. Any difficulties arisen in the course of implementation should be promptly reported in writing to the Ministry of Science and Technology for study and amendment./.