Chương 2 Nghị định 80/2007/NĐ-CP: Thành lập doanh nghiệp khoa học và công nghệ

Chapter II

ESTABLISHMENT OF SCIENCE AND TECHNOLOGY ENTERPRISES

Article 5.- Order of establishing a science and technology enterprise

1. The subjects defined in Clause 2, Article 1 of this Decree (except public scientific and technological organizations) shall establish a science and technology enterprise in the following order:

a/ Compiling a business registration dossier as specified in the Enterprise Law for enterprise establishment and making the business registration at a competent business registry;

b/ After its establishment, the enterprise shall compile a dossier of registration for science and technology enterprise certification and submit it to the Science and Technology Service of the province or centrally run city where the enterprise is headquartered for consideration and grant of the science and technology enterprise certificate.

2. Public scientific and technological organization shall establish a science and technology enterprise in the following order:

a/ Formulating a scheme on its reorganization into a science and technology enterprise and submit it to a competent state management agency for approval;

b/ Compiling a business registration dossier as specified in the Enterprise Law for enterprise establishment and making the business registration at a competent business registry;

c/ After its establishment, the enterprise shall compile a dossier of registration for science and technology enterprise certification and submit it to the Science and Technology Service of the province or centrally run city where the enterprise is headquartered for consideration and grant of the science and technology enterprise certificate.

Article 6.- Formulation and approval of reorganization schemes

1. Formulation of a scheme

a/ A public science and technology organization shall formulate a scheme on its reorganization into a science and technology enterprise in the form of limited liability company with two or more members or a joint-stock company;

b/ Such a scheme should clearly indicate the state-owned capital amount in money and assets (working offices, workshops, research equipment, working facilities, assigned land area with use right, scientific and technological results, etc.) to be allocated to the public science and technology organization for contribution to the science and technology enterprise; the plan on re-arrangement of officials and employees, and other contents under the guidance of the Ministry of Science and Technology.

2. Approval of a scheme

Heads of state management agencies with the scheme-approving competence shall consider and approve schemes on reorganization of their attached public science and technology organizations.

The Ministry of Science and Technology shall specify contents of schemes on reorganization of public science and technology organizations, guide the formulation and approval of schemes and define state management agencies with the scheme-approving competence.

Article 7.- Dossiers of registration for certification of science and technology enterprises

1. A dossier of registration for certification of a science and technology enterprise, submitted by subjects defined in Clause 2, Article 1 of this Decree (except public science and technology organizations), comprises:

a/ A written application for certification of the science and technology enterprise;

b/ The business registration certificate;

c/ The production and business project.

The production and business project should clearly state to-be-produced and -dealt-in products and goods turned out from scientific and technological results, and production and business assurance conditions, enclosed with written certifications of the lawful right to use or own scientific and technological results.

2. A dossier of registration for certification of a science and technology enterprise, submitted by a public science and technology organization, comprises, apart from the documents specified in Clause 1 of this Article, the competent state management agency's decision approving the reorganization scheme.

The Ministry of Science and Technology shall specify contents of dossiers of registration for certification of science and technology enterprises, guide the evaluation thereof, and grant and revoke science and technology enterprise certificates.

Article 8.- Registration and grant of science and technology enterprise certificates

1. Science and Technology Services of provinces or centrally run cities where science and technology enterprises are headquartered have the competence to consider, grant and revoke science and technology enterprise certificates and inspect and handle violations.

2. Within 30 working days after receiving a valid dossier, the provincial/municipal Science and Technology Service shall consider and evaluate the registration dossier and grant the science and technology enterprise certificate. If refusing to grant such a certificate, it shall, within the above time limit, give a written reply, clearly stating the reasons therefor.

3. Enterprises are not required to pay the registration fee for grant of science and technology enterprise certificates.

4. Science and technology enterprise certificates concurrently serve as scientific and technological activity registration certificates.

Article 9.- Validity of science and technology enterprise certificates

1. Science and technology enterprise certificates serve as a basis for consideration and implementation of support and preferential policies towards science and technology enterprises.

2. A science and technology enterprise certificate is valid from the date of its grant to the end of the enterprise income tax exemption or reduction duration specified in Clause 2, Article 10 of this Decree.