Thông tư 07/2020/TT-BKHCN hướng dẫn về việc thành lập cơ sở ươm tạo doanh nghiệp nhỏ và vừa, cơ sở kỹ thuật hỗ trợ doanh nghiệp nhỏ và vừa, khu làm việc chung hỗ trợ doanh nghiệp nhỏ và vừa khởi nghiệp sáng tạo do Bộ trưởng Bộ Khoa học và Công nghệ ban hành

CIRCULAR

GUIDELINES FOR ESTABLISHMENT OF SMALL AND MEDIUM-SIZED ENTERPRISE INCUBATORS, TECHNICAL FACILITIES SUPPORTING SMALL AND MEDIUM-SIZED ENTERPRISES AND CO-WORKING SPACES SUPPORTING START-UP SMALL AND MEDIUM-SIZED ENTERPRISES

Pursuant to the Law on Provision of Assistance for Small and Medium-sized Enterprises dated June 12, 2017;

Pursuant to the Government’s Decree No. 95/2017/ND-CP dated August 16, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

At the request of the Director of the National Agency for Technology Entrepreneurship and Commercialization Development and the Director of the Department of Legal Affairs;

The Minister of Science and Technology hereby promulgates a Circular on guidelines for establishment of small and medium-sized enterprise incubators, technical facilities supporting small and medium-sized enterprises and co-working spaces supporting start-up small and medium-sized enterprises.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidelines for establishment of small and medium-sized enterprise (SME) incubators, technical facilities supporting SMEs and co-working spaces supporting start-up SMEs as specified in Clause 3 Article 24 of the Law on Provision of Assistance for Small and Medium-sized Enterprises.

Article 2. Regulated entities

1. Organizations and individuals establishing SME incubators, technical facilities supporting SMEs and co-working spaces supporting start-up SMEs under the Law on Provision of Assistance for Small and Medium-sized Enterprises.

2. Organizations and individuals related to establishment and operation of SME incubators, technical facilities supporting SMEs and co-working spaces supporting start-up SMEs.

Article 3. Definitions

For the purposes of this Circular, the terms below shall be construed as follows:

1. SME incubators, technical facilities supporting SMEs and co-working spaces supporting start-up SMEs (hereinafter referred to as “incubators, technical facilities and co-working spaces”) are defined in Clauses 5, 6 and 8 Article 3 of the Law on Provision of Assistance for Small and Medium-sized Enterprises.

2. “shared equipment” refers to machinery, equipment and lines that can be used repeatedly, meeting the needs of multiple different objects to perform one or more functions with a view to achieving certain purposes.

3. “office utilities” refer to a collection of office equipment and office equipment and accompanying services which serves the needs of organizations/users in a certain space, including providing computers, internet connection - WiFi, fax, photocopiers, projectors, scanners, desks and other office supplies and services.

Article 4. General principles

1. Organizations and individuals are entitled to establish incubators, technical facilities and co-working spaces as prescribed by law.

2. The quantification and calculation of specific data upon the establishment of an incubator, technical facility or co-working space shall be carried out by organizations and individuals based on current needs and capacities.

3. Organizations and individuals may selected to establish an incubator, technical facility or co-working space independently or in combination in accordance with regulations of this Circular.

4. Organizations and individuals are entitled to establish an incubator, technical facility or co-working space in the form of a public service provider, enterprise or another form as prescribed by law.

5. Power and procedures for certifying incubators, technical facilities or co-working spaces shall comply with applicable regulations of law.

Chapter II

GUIDELINES FOR ESTABLISHMENT OF INCUBATORS, TECHNICAL FACILITIES AND CO-WORKING SPACES

Article 5. Functions of incubators, technical facilities and co-working spaces

1. Functions of an incubator:

a) Assist in using machinery, equipment and technical infrastructure in order to perfect business ideas and technologies;

b) Provide consulting and education services including technology incubation, intellectual property, law, finance, corporate governance and investment connection;

c) Provide counseling on formulating business plans and models;

d) Provide necessary resources to support the development of SMEs in their early stage of establishment;

dd) Have an SME incubation process.

2. Functions of a technical facility:

a) Assist in using shared equipment to complete products, goods and services;

b) Assist in and provide one or more services based on functions and services, including measuring instrument and measurement standard design, verification, calibration and testing services; technology assessment, pricing and inspection; products and goods quality testing services; quality inspection services for products and goods currently in use; goods and services quality assessment services; product and management system certification services; conformity assessment body certification services.

3. Functions of a co-working space:

a) Provide co-working space, product showcasing space and office utilities to serve start-up activities.

b) Provide auxiliary services aimed at organizing events for investment matching and customer matching;

c) Offer start-up courses and training courses taught by start-up coaches and start-up investors.

Article 6. Organizational structure, technical infrastructure and financial resources of incubators

1. Regarding organizational structure:

a) The head of an incubator must have at least a bachelor’s degree and work experience related to one of the following consulting fields: investment, finance, assistance in enterprise development, technology incubation and enterprise incubation;

b) Consulting experts must have academic profiles and sign expert contracts with the incubator as prescribed by law. Consulting experts’ major and work experience must be suitable for the field on which they provide counseling;

c) Personnel in charge of operating machinery and equipment of the incubator must sign an employment contract with the incubator.

2. Regarding technical infrastructure:

a) Premises must be lawfully used in a manner that provides working space for incubatees, and space for meeting rooms and dedicated rooms;

b) There must be enough space available for incubation projects;

c) Laboratories or trial production areas must have machinery and equipment necessary for incubation activities;

d) Meeting rooms or halls must be fully furnished with suitable equipment to organize domestic and international seminars and conferences, and to be used as meeting rooms or for teamwork;

d) It is required to build database or entitled to use and operate database of technologies, technology experts and consulting experts related to incubation activities.

3. The incubator is required to prove the sources of finance that ensure its operation and implement plans to support entities involved in incubation.

4. Regulations applied to conditional business lines shall be satisfied as prescribed by law.

Article 7. Organizational structure, technical infrastructure and financial resources of technical facilities

1. Regarding organizational structure:

a) The head of a technical facility must have at least a bachelor’s degree and work experience in the fields of operations of the technical facility;

b) Consulting experts must have academic profiles and sign expert contracts with the technical facility as prescribed by law. Consulting experts’ major and work experience must be suitable for the field on which they provide counseling;

c) Personnel in charge of operating laboratories, machinery and equipment of the technical facility must sign an employment contract with the technical facility.

2. Regarding technical infrastructure:

a) Premises must be lawfully used in a manner that provides space for dedicated rooms;

b) Laboratories or inspection rooms must be furnished with essential equipment that ensures one or more activities including design, testing, measurement, analysis, assessment and inspection in order to perfect ideas, samples and products.

3. The technical facility is required to prove the sources of finance that ensure its operation and implement plans to support entities involved in provision of assistance and use of services at the technical facility.

4. Regulations applied to conditional business lines shall be satisfied as prescribed by law.

Article 8. Organizational structure, technical infrastructure and financial resources of co-working spaces

1. Regarding organizational structure:

a) The head of a co-working space must hold at least a bachelor’s degree;

b) Consulting experts must have academic profiles and sign expert contracts with the co-working space as prescribed by law;

c) Personnel must sign employment contracts with the co-working space to carry out operations, organize events, connect cooperation and match investment.

2. Regarding technical infrastructure:

a) Premises must be lawfully used in a manner that provides co-working space and space for dedicated rooms;

b) There must be enough space to showcase products and demonstrate technologies;

c) There must be meeting rooms or halls which are fully furnished with suitable equipment to organize domestic and international seminars and conferences, and to be used as meeting rooms or for teamwork;

d) There must be office utilities serving participants.

3. The co-working space is required to prove the sources of finance that ensure its operation and implement plans to support participants in the co-working space.

Chapter II

IMPLEMENTATION

Article 9. Responsibilities of incubators, technical facilities and co-working spaces

Before December 05, every incubator, technical facility and co-working space shall submit an annual report on its operation according to the Form No. 01-BCCS enclosed with this Circular to the specialized science and technology authority affiliated to the People’s Committee of the province or central-affiliated city where its head office is located.

Article 10. Responsibilities of science and technology authorities

1. The National Agency for Technology Entrepreneurship and Commercialization shall:

a) preside over and cooperate with authorities and units concerned in providing guidelines and implementing this Circular;

b) disseminate legislative documents and policies on incubators, technical facilities and co-working spaces;

c) update the list and status of operation of incubators, technical facilities and co-working spaces;

d) submit an annual consolidated report on operation of incubators, technical facilities and co-working spaces to the Ministry of Science and Technology before December 20;

dd) propose solutions for promoting the development of incubators, technical facilities and co-working spaces according to practical conditions and submit assistance programs and plans in each specific period to a competent authority.

2. Specialized science and technology authorities affiliated to People’s Committees of provinces and central-affiliated cities shall:

a) disseminate information about policies and laws to organizations and individuals establishing incubators, technical facilities and co-working spaces within their provinces and cities in accordance with regulations of this Circular;

b) support incubators, technical facilities and co-working spaces in satisfying conditions for enjoyment of incentives as prescribed;

c) make annual consolidated reports on their operation, results of support of SMEs and start-up SMEs of incubators, technical facilities and co-working spaces within their provinces and cities according to the Form No. 02-BC enclosed with this Circular and submit them to the Ministry of Science and Technology before December 10 for consolidation.

Article 11. Grandfather clauses

1. Any incubator, technical facility or co-working space established and operating under the Circular No. 16/2014/TT-BKHCN dated June 13, 2014 of the Minister of Science and Technology shall be recognized as an incubator under this Circular.

2. Clause 6 Article 3 and Article 10 of the Circular No. 16/2014/TT-BKHCN dated June 13, 2014 of the Minister of Science and Technology shall cease to have effect from the effective date of this Circular.

Article 12. Implementation clause

1. This Circular comes into force from February 12, 2021.

2. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Science and Technology for consideration./.