Science and technology enterprise means an enterprise that directly conducts scientific research and technological development activities as well as production and business activities of all kinds of products from the results of such scientific research and technological development. . Business products of science and technology enterprises are tangible or intangible products. Due to the special nature of products in this business field, the establishment of science and technology enterprises has differences and necessary special conditions.
Therefore, through this article, DHP Law Firm will provide you with the procedure for setting up a science and technology business so that you can solve the problems of legal procedures for your business completely and completely the most effective.
- Law on Science and Technology 2013.
- Decree No. 08/2014/NĐ-CP dated January 27, 2014 of the Government detailing and guiding the implementation of a number of articles of the Law on Science and Technology.
- Decree 13/2019/ND-CP regulating science and technology enterprises.
Who can establish science and technology enterprises?
- Enterprises established and operating in accordance with Vietnamese law and performing production, business and services from scientific and technological results;
- Other organizations and individuals related to the certification of science and technology enterprises and the implementation of preferential policies and support of the State for science and technology enterprises.
Organizations and individuals shall make business registration dossiers according to the provisions of the Law on Enterprises in order to establish enterprises and make business registration at the competent business registration agencies.
After being established, the enterprise shall compile a dossier of registration for the certificate of a science and technology enterprise and submit it to the Department of Science and Technology of the locality where the enterprise is headquartered for consideration and issuance of the enterprise certificate. science and technology
What are the conditions for certification of a science and technology enterprise?
- Established and operating under the Enterprise Law.
- Having the ability to create or apply S&T results that are evaluated, appraised and recognized by a competent authority according to the provisions of Clause 2, Article 7 of Decree 13/2019/NĐ-CP.
Enterprises fall into one of two cases:
Having the capacity to create scientific and technological results that are evaluated, appraised and recognized by competent agencies according to regulations. The ability to create S&T results is reflected in the self-research, development, improvement and creation of S&T results by the enterprises themselves, which are evaluated, appraised and recognized by competent authorities.
Capable of applying science and technology results evaluated, appraised and recognized by competent agencies according to regulations. The ability to apply science and technology results is reflected in the fact that enterprises ensure the necessary conditions (specified in form No. 02 in the Appendix issued together with Decree No. 13/2019/ND-CP) to deploy application of science and technology results into production and business activities of enterprises.
- Satisfy the condition of turnover ratio.
For enterprises that have been established for full 5 years or more: having turnover from the production and trading of products formed from scientific and technological results reaching at least 30% of total revenue.
The determination of the turnover ratio for granting the certificate of S&T enterprise: the enterprise declares itself in the application for registration of the certificate of S&T enterprise (it can be declared according to the quarterly or annual business results) and is responsible for it. about the accuracy and legitimacy of the information. The management agency shall base itself on the annual report on the production and business of products formed from the S&T results of the enterprise to manage, review and ensure that the enterprise maintains the certification conditions. S&T enterprises.
For newly established enterprises under 5 years: no need to meet the conditions on turnover ratio.
What does the application file for S&T enterprise certification include?
- Application for certification of a science and technology enterprise using Form No. 01 in the Appendix issued with this Decree;
- A written certification and recognition of scientific and technological results from a competent authority (a copy to be presented with the original for comparison or a certified true copy), in one of the following documents:
– Diploma of protection of intellectual property rights;
– Decision on recognition of new plant varieties, new livestock breeds, new aquatic varieties, new forestry plant varieties and technical advances;
– Certificate of award for the performance of tasks that have won prizes in science and technology, presided over by competent state agencies, coordinated in organizing the awarding or giving consent to the organization the awarding organization;
– Decision on recognition of results of performance of scientific and technological tasks funded with the state budget or Certificate of registration of results of performance of scientific and technological tasks funded with the state budget; Certificate or certificate of appraisal of results of performing scientific and technological tasks without using the state budget;
– Certificate of registration of technology transfer;
– Other certifications and recognition documents have equivalent legal validity.
- A plan for production and trading of products formed from scientific and technological results according to Form No. 02 in the Appendix to this Decree.
For S&T results, assets are formed from S&T tasks using state capital in accordance with the Government’s Decree 70/2018/ND-CP dated May 15, 2018 stipulating the management and use assets formed through the implementation of S&T tasks using state capital, enterprises need a decision on assignment of ownership or right to use assets from a competent authority to avoid the following situation: The validity of the certificate of S&T enterprise has been revoked as prescribed in Article 10 of Decree No. 13/2019/ND-CP.
What is the order and procedures for granting the Certificate of Science and Technology Enterprise?
- Enterprises satisfying the above conditions shall submit 01 set of dossiers to the competent authority.
- Within 03 working days from the date of receipt of the application for certification of a science and technology enterprise, the agency competent to issue the Certificate of a science and technology enterprise must reply to the enterprise. on the validity of the dossier, clearly stating the documents, contents to be amended and supplemented and the time limit for modification and supplementation if the dossier is not valid.
- Within 10 working days from the date of receipt of a valid dossier, the agency competent to grant the Certificate of science and technology enterprise shall consider the grant or refusal to grant the Certificate of scientific and technological enterprise. science and technology. The certificate of science and technology enterprise shall be issued according to Form No. 03 in the Appendix to this Decree.
- In case the scientific and technological results are related to many branches and different branches and fields with complicated contents, it is necessary to invite experts or set up an advisory council for appraisal and assessment, and the time limit for granting the Certificate. science and technology enterprises within 15 working days from the date of receipt of valid dossiers.
- In case the Department of Science and Technology has not yet met the technical conditions to evaluate the results of science and technology, within 05 working days, the Department of Science and Technology is responsible for sending an official dispatch enclosed with all dossiers. apply for the Certificate of Science and Technology Enterprise of the enterprise to the Department of Market Development and Science and Technology Enterprise to grant the Certificate of Science and Technology Enterprise.
The above is the content of advice of DHP Law on establishing a science and technology enterprise, if customers have any questions or problems, please contact DHP Law Firm for detailed advice and guidance.