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Establishing research institutes

1. Contents
 
Enterprises want to establish private research institutes shall apply for granting registration certificates of scientific and technological activities prescribed by the law.
 
2. Governing Law
 
  • Decree No.08/2014/ND-CP detailing and guiding the implementation of a number of articles of the Law on Science and Technology;
  • Circular No.03/2014/TT-BKHCN.
3. Conditions for establishment (Article 4 Decree No.08/2014/ND-CP)
 
  • Organization and operation charter
a) The name of the science and technology organization includes the full name, international transaction name and abbreviated name (if any), written in the letters in the Vietnamese alphabet, possibly including the letters F, J, Z and W, numerals and symbols, and must be pronounceable. The full name includes the form of the science and technology organization and its proper name.

The name of the organization must be consistent with its major field of operation, must not be identical with that of another science and technology organization, must neither use words and symbols that are against the national www.LuatVietnam.vn Vietnam Law & Legal Forum 4 historical, cultural, ethical and fine customs and practices, nor infringe upon intellectual property rights of organizations and individuals currently protected in Vietnam.

b) The objectives and orientations of operation of a science and technology organization must not violate the provisions of Article 8 of the Law on Science and Technology and other relevant legal documents.

c) Its head office has an address clearly identified with an administrative place name, telephone number, fax number and email address (if any).

The headquarters is a separate working place for conducting transactions, contact, and located in the territory of Vietnam. The headquarters’ address must include number, name of street or commune, district, province; telephone number, fax number and email address (if any). (Clause 7, Article 6 of Circular No.03/2014/TT-BKHCN).

d) The representative.

đ) The functions, tasks and powers of the science and technology organization conform with its objectives and orientations of operation.

e) The field of operation is among the fields of scientific research, technological development, experimental development, trial production; production of and trading in products being results of scientific research and technological development; science and technology services.

For science and technology organizations established by individuals, their field of operation must comply with Clause 4, Article 20 of the Law on Science and Technology.

g) The organizational structure, tasks and powers of the titles in the leadership apparatus and other units of the science and technology organization.

h) The charter capital of the organization, including cash and other assets converted into monetary value; principles of increase and decrease of operational funds and other financial principles.

i) Conditions, order and procedures for merger, division, splitting and dissolution (if any).

k) Commitment to comply with the law.
 
  • Science and technology staff
a) Each science and technology organization must have at least 5 (five) employees who possess a university or higher degree and work on a full-time or part-time basis, at least 30% of whom possess professional qualifications relevant to the registered major field of activity and at least 40% of whom work on a full-time basis.

If established to develop a new field of science and technology, a science and technology organization must have at least 1 (one) employee who possesses a university degree in the registered field of operation and works on a full-time basis.

b) The head of a science and technology organization must possess a university or higher degree and have managerial experience and relevant professional competence.

This article is guided in Article 6 of Circular No.03/2014/TT-BKHCN)

If the science and technology 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.
 
  • Physical and technical foundations
Having the right to own or use working offices, workshops, laboratories, machinery and equipment, intellectual assets and other physical and technical means to perform the functions and tasks of the science and technology organization.

The aggregate capital written on the certificate of a science and technology organization is the total value of physical and technical foundations converted to money at the time of operation registration. This amount is part or all of the charter capital of a science and technology organization.

After considering all the conditions to establish a science and technology organization, an enterprise decides to establish its non-public science and technology organization, it is not necessary to submit an application to competent authority. (Clause 3, Article 7 of Decree No.08/2014/ND-CP). After establishment, the enterprise proceeds to register for scientific and technological activities.
 
4. Order and procedures for registration of scientific and technological activities
 
  • Dossier
  1. The written request for registration of scientific and technological activities complying with Form 5 stated in Circular No.03/2014/TT-BKHCN.
  2. The establishment decision of the science and technology organization (a notarized copy).
  3. The organization and operation charter or the organization and operation regulation or the organization and operation regulation promulgated by a competent state agency (for the public science and technology organization).
  4. A dossier for staff including:
  • The lists of staff according to Form 8 stated in Circular No.03/2014/TT-BKHCN.
  • For full-time staff:
+ The written request for official employment comply with Form 9 stated in Circular No.03/2014/TT-BKHCN;
+ An attested copy of decrees;
+ CV with confirmation made within 01 year by the competent local authority or the authority of his/her previous working place before he/she starts his employment at the scientific and technology organization; if the full-time staff is not a Vietnamese citizen, the criminal record statement with confirmation made by the competent authority in foreign country within 01 year and consular legalization is required.
In case of necessity, the competent agency shall request to present originals of documents related to such personal records for comparison.
  • For part-time staff:
+ The written request for part-time employment comply with Form 10 stated in Circular No.03/2014/TT-BKHCN;
+ An attested copy of decrees;
+ CV with confirmation made within 1 year by the competent local authority or the authority where he/she is working; if the part-time staff is not a Vietnamese citizen, the criminal record statement with confirmation made by the competent authority in a foreign country within 01 year and consular legalization is required;
+ Letter of approval on holding part-time positions granted by the authority where he/she is working.
  1. A dossier for the head of a scientific and technology organization
+ The documents similar to the full-time staff defined at Point c, Clause 1, Article 6 of Circular No.03/2014/TT-BKHCN(as mentioned above);
+ An attested copy of the decision appoint granted by the competent authority (except for the organization is established by an individual);
+ Science Profile complies with Form 11 stated in Circular No.03/2014/TT-BKHCN.
  1. A dossier for physical and technical foundations of the science and technology organization
+ List of physical and technical foundations (Form 12 stated in Circular No.03/2014/TT-BKHCN);
+ Meeting minutes of the founders or the capital contributors with the following contents: capital contribution ratio; aggregate capital (in cash and assets converted to VND), in which the contributed capital in cash must meet sufficient budgets for regular activities within at least 01 year depending on the organization's staff 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;
  1. A dossier for headquarters of the science and technology organization
+ An attested copy of certificates of land use rights of the science and technology organization for the location where the headquarters is located; 
+ An attested copy of certificates of land use rights or documents proving that the leaser/lender has the right for leasing/lending, attached with the lease/ lending contract; if a copy of the contract does not attest, the original of contract shall be presented to the receiver for comparison and confirming a copy of the contract by signing.
- Number of dossiers: 02 sets
  • Order and procedures
- Step 1: The science and technology organization apply in person or by post to the Department of Science and Technology.

- Step 2: Staff of the Department of Science and Technology shall receive, confirm the dossier and coordinate with the specialized department in examination:

 + If the dossier meets the requirements, the Department of Science and Technology shall grant registration certificates of scientific and technological activities within 15 working days after receiving a complete and valid dossier.
 + If the dossier is invalid, the Department of Science and Technology shall send a written notice clearly stating the reason for the organization within 5 working days after receiving the dossier.

- Step 3: The organization receives results at the Department of Science and Technology.
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