Chương 2 Nghị định 08/2014/NĐ-CP: Tổ chức khoa học và công nghệ

Chapter 2.

SCIENTIFIC AND TECHNOLOGICAL ORGANIZATION

Article 4. Conditions for establishment of scientific and technological organization

Scientific and technological organization is established upon satisfaction of following conditions:

1. Charter of organization and operation

a) 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.

b) 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;

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

d) Representative

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

e) 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;

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

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

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

k) Commitment to compliance with the law.

2. Human resources for science and technology

a) 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;

b) 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;

3. 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;

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

5. 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;

6. The Ministry of Science and Technology shall make specific guidance on Clauses 1, 2 and 3 of this Article;

Article 5. Authority to establish, merge, divide, separate and dissolve scientific and technological organization

1. The competent agencies, organizations and individuals specified in Clause 1, Article 12 of the Law on Science and Technology decide the establishment or permit the establishment of scientific and technological organizations when they meet the conditions specified in Article 4 of this Decree;

2. The agencies, organizations and individuals that have the authority to establish scientific and technological organizations have the authority to merge, divide, separate and dissolve scientific and technological organizations which they have established;

3. The authority to establish, merge, divide, separate and dissolve scientific and technological organization as a university education facility shall comply with regulations of law on university education;

Article 6. Order and procedures for establishment of public scientific and technological organization

1. 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;

2. 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;

3. 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;

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

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

b) Service of Science and Technology for other scientific and technological organizations;

5. 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;

6. 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;

7. 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;

Article 7. Order and procedures for establishment of scientific and technological organization with foreign capital and non-public scientific and technological organization

1. Dossier for establishment of scientific and technological organization with foreign capital includes:

a) Application for establishment of scientific and technological organization under the form specified by the Ministry of Science and Technology;

b) Documents certifying the legal status of foreign organizations;

c) Judicial records of the head of scientific and technological organization with foreign capital;

d) Draft Charter of organization and operation;

dd) Establishment project of scientific and technological organization includes the explanation about the necessity of establishment, conformity with strategy and plan for scientific and technological development and economic development of Vietnam, objectives, contents, areas, operating range of science and technology in Vietnam; scale investment; anticipation of human resources of science and technology; financial analysis (if any);

e) Documents evidencing the satisfaction of conditions specified in Article 4 of this Decree;

g) Document of Peoples’ Committee of provinces and centrally-affiliated cities where the organization’s head office is located approves the location of head office of scientific and technological organization;

h) Audited financial statement or other documents of equal value in the latest financial year of the organization or individuals;

Documents in dossier specified in this Clause in foreign language must be translated in Vietnamese language;

Documents specified at Point b, c and h must be legalized by the consulate;

Where the project to establish the scientific and technological organization is associated with the investment of works construction, the accompanied dossier includes the investment project of works construction (feasibility study report) under the regulations of law on investment of works construction;

2. Order and procedures for establishment of scientific and technological organization with foreign capital include:

a) Dossier is made into 02 (two) sets sent by post or directly to the Ministry of Science and Technology;

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

If the dossier is valid, the Ministry of Science and Technology shall send it to the Ministries, sectors and agencies concerned for their opinions;

c) Within 15 working days from the date of receipt of dossier for establishment of scientific and technological organization with foreign capital, the Ministries, sectors and agencies concerned shall give written opinions and take responsibility for the contents under their management functions;

d) Within 45 days, from the date of receipt of valid dossier, the Minister of Science and Technology shall decide the establishment and approve the Charter of organization and operation of the scientific and technological organization with foreign capital, photocopy and send the Decision on permitting the establishment of scientific and technological organization with foreign capital to the Ministry of Planning and Investment, Ministry of Finance, Ministry of Foreign Affairs, Ministry of Public Security, the People's Committees of provinces and centrally-affiliated cities where the organization is approved for location of its head office;

dd) In case of disapproval, the Ministry of Science and Technology shall send a written notice to the organizations and individuals stating the reasons;

e) Within 90 days, from the date of decision on permitting the establishment, the scientific and technological organization with foreign capital shall conducts its establishment;

3. Organizations and individuals decide the establishment of their non-public scientific and technological organization. For the non-public scientific and technological organization as a university education facility, its establishment shall comply with the regulations of law on university education;

Article 8. Authority to issue Certificate of scientific and technological operation registration

1. The Ministry of Science and Technology shall issue the Certificate of scientific and technological operation registration to the scientific and technological organization specified by agencies at Points a, b, c, d, dd and e, Clause 1 of the Law on Science and Technology and is established by the Central political organizations, social-political organizations, social-occupational organizations, the scientific and technological organization with foreign capital and the scientific and technological organization as university education facility;

2. Service of Science and Technology where the head office of scientific and technological organization is located issues the Certificate of scientific and technological operation registration to the scientific and technological organization not subject to the provisions in Clause 1 of this Article;

3. The agency which has the authority to issue issues the Certificate of scientific and technological operation registration also has the authority to change or add this Certificate, suspend or annul the validity of the issued Certificate;

Article 9. Order and procedures for scientific and technological operation registration

1. Dossier for registration of scientific and technological organization includes:

a) Application for scientific and technological operation registration;

b) Decision on establishment of scientific and technological organization;

c) Curriculum vitae of the head of scientific and technological organization;

d) Charter of organization and operation which has been approved by the agencies, organizations and individuals;

dd) Documents proving sufficient manpower and technical facilities as prescribed by law for scientific and technological operation, except for cases of scientific and technological organizations which have been appraised by the competent authorities specified in Clause 4 and 5, Article 6 of this Decree before the establishment or permitted the establishment by the competent authorities specified at Point d, Clause 2, Article 7 of this Decree;

Organizations and individuals registering the scientific and technological operation are responsible before law for the contents declared in the dossier specified in this Clause;

2. Order and procedures for scientific and technological operation registration include:

a) Dossier for scientific and technological operation registration is made into 02 (two) sets and sent by post or directly to the competent authority for scientific and technological operation registration specified at Article 8 of this Decree;

b) The competent authority for issue of Certificate of scientific and technological operation registration shall check the dossier. If the dossier is not complete as stipulated in Clause 1 of this Article, within 05 working days from the date of receipt of dossier, the competent authority for scientific and technological operation registration must give a written notice to the organizations and individuals for modification or addition;

c) Within 15 working days, from the date of full receipt of dossier as stipulated in Clause 1 of this Article, the competent authority shall issue the Certificate of scientific and technological operation registration. If the dossier for scientific and technological operation registration is not approved, the competent authority for scientific and technological operation registration shall send a written notice to the organizations and individuals stating the reasons;

3. Minister of Science and Technology issues the form of the Certificate of scientific and technological operation registration, the form of document of dossier for scientific and technological operation registration.

Article 10. Order and procedures for change, addition and re-issue of Certificate of scientific and technological operation registration

1. In case of change and addition of Certificate of scientific and technological operation registration, dossier includes:

a) Application of scientific and technological organization;

b) Documents related to the corresponding content of change and addition;

c) Certificate of scientific and technological operation registration issued;

2. In case of re-issue of Certificate of scientific and technological operation registration, dossier includes:

a) Application of scientific and technological organization;

b) Certification of police authority, receipt of news agencies posting announcement of loss of Certificate of scientific and technological operation registration or the Certificate of scientific and technological operation registration has been issued if it is torn;

3. Dossier for change, addition and re-issue of Certificate of scientific and technological operation registration is made into 02 (two) sets and sent by post or directly to the competent authority for scientific and technological operation registration specified in Article 8 of Decree;

Within 10 working days, from the date of full receipt of dossier as provided for in Clause 1 and 2 of this Article, the competent authority shall consider and issue the Certificate of scientific and technological operation registration. In case of disapproval, the competent authority for scientific and technological operation registration shall send a written notice to the organizations and individuals stating the reasons;

Article 11. Responsibility for registration and report on scientific and technological operation

1. Within 60 days, from the date of establishment, the scientific and technological organization must register its scientific and technological operation at the competent State authority specified in Article 8 of this Decree;

2. Scientific and technological organizations which fail to register the scientific and technological operation as stipulated in Clause 1 of this Article shall not be permitted to implement the scientific and technological duties with the state budget, investment and support and shall be handled in accordance with law;

3. Scientific and technological organization shall make periodic reports by itself or upon the requirement of competent state agencies of science and technology on the activities of its organization under the guidance of the Ministry of Science and Technology;

Article 12. Suspension and annulment of validity of Certificate of scientific and technological operation registration

1. Certificate of scientific and technological operation registration whose validity is suspended within 06 months in the following cases:

a) Scientific and technological organization fails to come into operation upon the excess of 12 months from the date of issue of Certificate of scientific and technological operation registration;

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

c) Failing to annually report the operation to the authority issuing the Certificate of scientific and technological operation registration for 02 consecutive years;

d) Failing to satisfy the conditions specified in Article 4 of this Decree within 12 consecutive months;

dd) Failing to register for change, addition or re-issue of Certificate of scientific and technological operation registration within 12 months from the date of change, addition or loss of Certificate of scientific and technological operation registration;

2. Certificate of scientific and technological operation registration is annulled in the following cases:

a) Falsifying the contents declared in dossier to be issued the Certificate of scientific and technological operation registration;

b) Scientific and technological organization fails or does not take the remedial measures as required by the competent authority upon the excess of suspension period of Certificate of scientific and technological operation registration;

c) Under the decision and proposal of competent authorities when the scientific and technological organization commits acts of violation in its activities;

3. Agencies issuing Certificate of scientific and technological operation registration has the right to suspend and annul the validity of Certificate of scientific and technological operation registration and give a written notice to provincial People’s Committee where the head office of scientific and technological organization is located and make an announcement on the website of agency issuing Certificate of scientific and technological operation registration;

Article 13. Merger of scientific and technological organization

1. One or a number of scientific and technological organizations (hereafter referred to as merged scientific and technological organization) may be merged with another scientific and technological organization (hereafter referred to as merging scientific and technological organization) by transferring all legal assets, rights and interests to the merging scientific and technological organization and simultaneously terminating its existence and erasing its name in registration book for the merged scientific and technological organization;

2. Merger procedures

a) Relevant scientific and technological organizations shall prepare the merger agreement and draft of Charter of organization and operation of the merging scientific and technological organization. The merger agreement must have main contents such as name, address of main head office of the merging scientific and technological organization; name, address of main head office of the merged scientific and technological organization; procedures and conditions for merger; plan for labor employment; procedures, time limit and conditions for transfer of assets and contributed capital of the merged scientific and technological organization into the contributed capital of the merging scientific and technological organization; time limit for merging implementation;

b) Organizations and individuals establish the relevant scientific and technological organizations under the merger agreement, the Charter of organization and operation of the merging scientific and technological organization and conduct the registration of change of Certificate of scientific and technological operation. In this case, dossier for registration of scientific and technological operation must be enclosed with the merger agreement. The merger agreement must be sent to all creditors (if any) and notified to the employees within 15 working days from the date of adoption;

c) After registering the scientific and technological operation, the merged scientific and technological organization shall terminate its existence and the merging scientific and technological organization shall be entitled to legal rights and interests and take responsibility for unpaid debts, labor contracts and other asset obligations of the merged scientific and technological organization;

Article 14. Division of scientific and technological organization

1. Scientific and technological organization may be divided into a number of scientific and technological organizations. The divided scientific and technological organization shall terminate its operation and be erased its name in the registration book after the new scientific and technological organization is established and issued the Certificate of operation registration

2. Procedures for division of scientific and technological organization

Organizations and individuals establish the divided scientific and technological organization through the decision on division of scientific and technological organization in accordance with provisions of this Decree and the Charter of organization and operation of competent authority for establishment of scientific and technological organization. The decision on division of scientific and technological organization must have main contents of name, head office of the divided scientific and technological organization; name of scientific and technological organization to be established; principles and procedures for division of assets of scientific and technological organization; plan for labor employment, time limit and procedures for transfer of contributed capital of the divided scientific and technological organization to the newly-established scientific and technological organization; principles for dealing with the obligations of the divided scientific and technological organization; time limit for division of scientific and technological organization;

Decision on division of scientific and technological organization must be sent to all creditors (if any) and notified to the employees within 15 working days, from the effective date of this Decision;

3. The divided scientific and technological organization shall terminate its existence after the new scientific and technological organization is registered its scientific and technological operation. The new scientific and technological organizations must jointly take responsibility for unpaid debts (if any), labor contract, recruitment decision and other asset obligations of the divided scientific and technological organization or agreement with creditors (if any). The customers and employees shall let one of those scientific and technological organizations perform these duties;

4. The new scientific and technological organizations established after the division must meet the conditions, order and procedures for establishment of scientific and technological organization and conduct the registration of scientific and technological operation as stipulated in this Decree. In this case, the dossier for scientific and technological operation registration must be enclosed with the Decision on division of scientific and technological organization;

Article 15. Separation of scientific and technological organization

1. Scientific and technological organization may be separated by transferring a portion of its current assets (hereafter referred to as separated scientific and technological organization) to establish one or a number of new scientific and technological organizations (hereafter referred to as separating scientific and technological organization); transferring a portion of rights and obligations of the separated scientific and technological organization to the separating scientific and technological organization without terminating the existence of separated scientific and technological organization;

2. Procedures for separation of scientific and technological organization

Organizations and individuals establish the separated scientific and technological organization through the decision on separation of scientific and technological organization in accordance with provisions of this Decree and the Charter of organization and operation of scientific and technological organization. The decision on division of scientific and technological organization must have main contents of name, head office of the separated scientific and technological organization; name of separating scientific and technological organization to be established; plan for labor employment, asset value and rights and obligations transferred from the separated scientific and technological organization to the separating scientific and technological organization; time limit for separation of scientific and technological organization. The Decision on separation of scientific and technological organization must be sent to all creditors (if any) and notified to the employees within 15 working days, from the effective date of Decision;

3. The separated scientific and technological organization and the separating scientific and technological organization must jointly take responsibility for unpaid debts (if any), labor contract, recruitment decision and other asset obligations of the separated scientific and technological organization unless otherwise agreed;

4. The newly-established scientific and technological organization after the separation must satisfy the conditions, order and procedures for establishment of scientific and technological organization and conduct the scientific and technological operation registration as stipulated in this Decree. In this case, the dossier for scientific and technological operation registration must be enclosed with the Decision on separation of scientific and technological organization;

Article 16. Dissolution of scientific and technological organization

1. Dissolution of scientific and technological organization is the termination of its operation. The dissolution of scientific and technological organization is done in the following cases:

a) End of operation duration stated in the Charter of organization and operation of scientific and technological organization without the extension decision;

b) Under the decision of competent agencies, organizations and individuals;

c) The Certificate of scientific and technological operation registration is invalidated;

2. The scientific and technological organization is only dissolved if ensuring the pay-off of debts and other asset obligations;

3. Order and procedures for dissolution of scientific and technological organization

a) Organizations and individuals having the authority to establish scientific and technological organization shall decide the dissolution of scientific and technological organization. The decision on dissolution must have main contents such as the name, head office of scientific and technological organization, reason for dissolution, time limit, procedures for contract closeout and payment of debts of scientific and technological organization (if any); the time limit for payment of debts and contract closeout must not exceed 06 (six) months, from the effective date of decision on dissolution; settlement plan for obligations arising from labor contract, recruitment decision; full name and signature of legal representative of scientific and technological organization; organizations and individuals establishing the scientific and technological organization shall liquidate its assets, except for the case that the Charter of organization and operation of scientific and technological organization regulates the establishment of its own liquidation organization;

b) Within 10 working days, from the date of issue, the decision on dissolving the scientific and technological organization shall be sent to the registering agency of scientific and technological operation, the creditors (if any), the persons having relevant rights and interests, the employees in scientific and technological organization and publicly posted at the head office, branches and representative offices of scientific and technological organization. The decision on dissolution shall be sent to the creditors with the announcement of debt settlement plan (if any). The announcement must have the creditors’ name and address, debt, time limit, location and mode of payment of debt, method and time limit for settling creditors’ complaints;

The decision on dissolving the scientific and technological organization must be published on at least one printing newspaper at the locality where the head office is located in 03 (three) consecutive issues or on the website of Ministries, sector or province where the head office is located;

c) Within 10 working days, from the date of payment of all debts of the scientific and technological organization, its legal representative shall send the announcement concerning the completion of obligations specified at Point b of this Clause and the Certificate of scientific and technological operation registration to the registering agency of scientific and technological operation. Within 10 working days, from the date of full receipt of valid dossier, the registering agency of scientific and technological operation shall erase the name of scientific and technological organization in the book of scientific and technological operation registration;

Article 17. Merger, division, separation and dissolution of scientific and technological organization as a university education facility

The merger, division, separation and dissolution of scientific and technological organization as a university education facility shall comply with regulations of law on university education. For case of division and separation, the provisions in Article 6 of this Decree on order and procedures appraisal upon the establishment of scientific and technological organization shall apply;

Article 18. Establishment of attached scientific and technological organization in foreign country

1. The Vietnamese scientific and technological organization, upon establishment of attached scientific and technological organization in foreign country, must submit application accompanied with proving documents to satisfy the following requirements:

a) Having plan for establishment of attached scientific and technological organization in foreign country;

b) Completely fulfilling financial obligations for the State;

c) Not violating the prohibitions of the Law on Science and Technology and other relevant legal documents;

d) Abiding by regulations of law on cooperation and investment with foreign countries in the area of science and technology;

2. Within 30 days, from the date of receipt of application and accompanied documents, the Ministry of Science and Technology shall give a written notice of satisfaction of requirements specified in Clause 1 of this Article for sending to the competent authority. The authority, order and procedures for establishment of attached scientific and technological organization in foreign country shall comply with regulations of law on cooperation and investment with foreign country in the area of science and technology;

3. Within 30 days, from the date of permitted establishment of attached scientific and technological organization in foreign country, the scientific and technological organization as specified in Clause 1 of this Article must notify the Ministry of Science and Technology;

Article 19. Representative office and branch of scientific and technological organization

1. Representative office is an attached unit of the scientific and technological organization, represents under the authorization the interests of scientific and technological organization and protects these interests;

2. Branch is an attached unit of scientific and technological organization, performs a part or the whole of functions of scientific and technological organization, including the representative function under the authorization;

3. Representative office and branch of scientific and technological organization without legal status must not establish their attached representative office and branch. The operating area of representative office and branch must be consistent with the areas of operation of the scientific and technological organization;

Article 20. Conditions for establishment and operation registration of representative office and branch of the domestic scientific and technological organization

1. Conditions for establishment of representative office and branch

a) Areas of operation of the representative office and branch must be in line with the operating area of scientific and technological organization;

b) The establishment of representative office and branch is defined in the Charter of organization and operation of the scientific and technological organization;

c) The representative office must have at least 02 (two) person with college degree or higher; the branch must have at least 03 (three) persons with university degree or higher, in which there is at least 01 (one) person with expertise in key areas for operation registration. The head of branch must have university degree and work full-time at the representative office and branch;

d) The representative office and branch must have their head office as for the scientific and technological organization specified in this Decree;

2. The scientific and technological organization shall register the operation of its representative office and branch at the Service of Science and Technology where the representative office and branch are located. The dossier for registration is made into 02 (two) sets, including:

a) Application for operation registration;

b) Decision on establishment of representative office and branch;

c) Curriculum vitae of the head of representative office and branch;

d) Documents proving the manpower, head office of representative office and branch;

dd) Copy (with legal certification) of scientific and technological operation registration of the scientific and technological organization;

3. Within 15 working days, from the date of full receipt of valid dossier, the Service of Science and Technology shall issue the Certificate of operation of representative office and branch and reply in writing to the organizations and individuals stating the reasons in case of disapproval;

4. Within 15 working days, from the date of issue of Certificate of operation of representative office and branch, the scientific and technological organization as specified in Clause 2 of this Article must send a copy of Certificate of operation of representative office and branch to the agency issuing the Certificate of scientific and technological operation registration;

5. The Ministry of Science and Technology shall give a specific guidance on documents in the dossier for operation registration of representative office and branch of the scientific and technological organization specified in Clause 2 of this Article and the form of Certificate of operation of representative office and branch;

Article 21. Conditions, order and procedures for establishment of representative office and branch in Vietnam of foreign scientific and technological organization

1. The foreign scientific and technological organization shall be entitled to establish its representative office and branch in Vietnam when meeting the conditions specified in Clause 2, Article 15 of the Law on Science and Technology;

These representative office and branch must satisfy the conditions specified in Clause 1, Article 20 of this Decree;

2. Dossier for issue of representative office Establishment Permit in Vietnam of the foreign scientific and technological organization includes:

a) Application for issue of representative office Establishment Permit signed by the authorized representative of foreign scientific and technological organization;

b) Copy of Certificate of operation registration or papers with equivalent value of the foreign scientific and technological organization certified by the competent authority of establishment. If the Certificate of operation registration or papers with equivalent value specify the duration of operation of foreign organization, that duration must remain at least 01 year;

c) Audited financial statements or other documents with equivalent value of the last financial year of the scientific and technological organization;

d) Copy of Charter of organization and operation of the foreign scientific and technological organization;

dd) Judicial record of the head of representative office of foreign scientific and technological organization;

e) Written approval of provincial People’s Committee concerning the permitted location of representative office;

Papers specified at Points b, c, d and dd of this Clause must be translated into Vietnamese and legalized by the Consulate;

3. Dossier for issue of branch establishment Permit in Vietnam of scientific and technological organization includes:

a) Application for issue of branch establishment Permit signed by the authorized representative of scientific and technological organization;

b) Copy of Charter of organization and operation of branch specifying the scope of authorization for the head of branch

c) Copy of Certificate of operation registration or papers with equivalent value of the foreign scientific and technological organization certified by the competent authority of the place where that organization is established or registered its operation. If the Certificate of operation registration or papers with equivalent value specify the duration of operation of organizations and individuals, that duration must remain at least 03 years;

d) Audited financial statements or other documents with equivalent value of the last financial year of the scientific and technological organization;

dd) Judicial record of the head of branch of foreign scientific and technological organization;

e) Written approval of provincial People’s Committee concerning the permitted location of branch;

Papers specified at Points b, c, d and dd of this Clause must be translated into Vietnamese and legalized by the Consulate;

4. Order and procedures for establishment of representative office and branch in Vietnam of the foreign scientific and technological organization include:

a) Dossier for issue of representative office and branch establishment Permit of the foreign scientific and technological organization is made into 02 (two) sets and sent to the Ministry of Science and Technology;

b) Within 60 days, from the date of full receipt of valid dossier, the Ministry of Science and Technology shall issue the foreign scientific and technological organization with the representative office and branch establishment Permit and send the copy of Permit to the Ministry of Industry and Trade, Ministry of Foreign Affairs, Ministry of Public Security, the People's Committees of provinces and centrally affiliated cities where the head office of representative office and branch is located;

c) If the dossier is not valid, within 05 working days, from the date of receipt of dossier, the Ministry of Industry and Trade shall give a written notice to the foreign scientific and technological organization for addition and completion of dossier;

d) In the process of reviewing applications for issue of Permit, if find it necessary, within 10 working days, from the date of full receipt of valid dossier of the organization, the Ministry of Science and Technology shall assume the prime responsibility for and coordinate with the Ministries and agencies concerned to verify the dossier for establishment;

dd) In the process of reviewing applications for issue of Permit, the Ministry of Science and Technology has the right to require the foreign scientific and technological organization to produce the relevant documents to clarify the information in the dossier;

e) In case of ineligibility for issue of representative office and branch establishment Permit, the Ministry of Science and Technology must give a written notice to the foreign scientific and technological organization stating the reasons;

5. The Ministry of Science and Technology shall give a specific guidance on the form of application for issue of representative office and branch establishment Permit specified at Point a, Clause 3 of this Article and the form of representative office and branch establishment Permit in Vietnam of the foreign scientific and technological organization specified at Point b, Clause of this Article; the procedures for re-issue, renewal, change, addition, suspension or invalidation of representative office and branch establishment Permit;

Article 22. Rights and obligations of representative office and branch in Vietnam of the foreign scientific and technological organization

1. The representative office and branch has the following rights:

a) Being protected their legal rights and interests by Vietnam State under Vietnam law and international agreements in which the Socialist Republic of Vietnam is a member;

b) Having seal bearing the name of representative office and branch of the foreign scientific and technological organization under the current regulations of other relevant laws;

c) Leasing head office, buying means and items necessary for the operation of representative office and branch;

d) Opening account in foreign currency or Vietnam dong at the banks permitted to operate in Vietnam and only using these accounts in activities of representative office and branch;

dd) Recruiting employees as Vietnamese or foreigners to work at the representative office and branch under other relevant laws;

e) Other rights under regulations of law on science and technology and other relevant laws;

2. The representative office and branch have the following obligations:

a) Operation in accordance with contents and areas of operation as specified in the establishment Permit;

b) Registration for change, addition, re-issue and renewal of establishment Permit under other relevant laws;

c) The head of representative office and branch shall take responsibility for activities of representative office and branch in Vietnam and shall make periodic reports on operation of representative office and branch in Vietnam to the agency issuing of establishment Permit before December 15 annually; report, provide documents and explain the relevant issues upon the requirement of Vietnamese competent authorities;

d) The head of representative office and branch of the foreign scientific and technological organization in Vietnam shall perform duties under the authorization of the foreign scientific and technological organization within the scope and duration of the authorization;

dd) Other duties under regulations of law on science and technology and other relevant laws;

Article 23. Establishment of representative office and branch of Vietnamese scientific and technological organization in foreign country

1. Scientific and technological organization wishing to establish its representative office and branch in foreign country shall submit application with documents proving the satisfaction of the following requirements:

a) Having the time of operation of at least 03 years to the time of request for establishment of branch and having the time of operation of at least 01 year to the time of request for establishment of representative office;

b) Having plan for establishment of representative office and branch in foreign country with feasibility and clear direction of operation in accordance with Vietnamese laws;

c) Abiding by regulations on annual operation report of the agency issuing the Certificate of scientific and technological operation registration and other duties for the State;

d) Abiding by regulations of law on cooperation and investment with foreign country in the area of science and technology. Not violating the prohibitions of law on science and technology and other relevant laws;

2. Within 30 days, from the date of receipt of application and accompanied documents, the Ministry of Science and Technology shall give a written notice of satisfaction of requirements specified in Clause 1 of this Article;

3. Within 30 days, from the date of permitted establishment of representative office in foreign country, the scientific and technological organization has to make an announcement to the Ministry of Industry and Trade;

Article 24. Independently evaluating the scientific and technological organization

1. The independent evaluation and ranking of scientific and technological organization shall be done by organizations and individuals or under contracts with other organizations and individuals;

2. Organizations and individuals independently evaluating and ranking the scientific and technological organization must comply with the provisions in Clause 3, Article 16 of the Law on Science and Technology;

3. Criteria and method of evaluating the scientific and technological organization shall be developed and publicly publicized on mass media;

4. Capacity for evaluating and ranking scientific and technological organization of organizations and individuals independently evaluating must be publicized on mass media;

5. Where the organizations and individuals perform the evaluation and ranking for the scientific and technological organization under contract, the rights and obligations of parties shall comply with the provisions in the contract;

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