According to Article 9 of the Law on Science and Technology and Clause 2, Article 3 of Decree 08/2014 / ND-CP guiding the Law on Science and Technology, private research institutes in the field of education are understood as scientific organizations and non-public technology.
I. Conditions for establishment of scientific and technological organization
The scientific and technological organization is established upon satisfaction of the following conditions:
1. Charter of organization and operation
a) Name of the 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 the 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, ethical traditions 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 the 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 the 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 a result of scientific research and technological development, scientific and technological services;
Where the scientific and technological organization is established by an 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 the scientific and technological organization;
h) Charter capital of organization including cash and other assets converted into money; the principle of increase and decrease in working capital and other financial principles;
i) Conditions, order, and procedures for the 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 a university degree or higher working full-time and part-time in which there is at least 30% have professional skills in accordance with the key areas applied for operation registration and at least 40% working full-time;
In case of establishment of a scientific and technological organization for the development of new science and technology, the scientific and technological organization must have at least one person with a university degree related to the sector registered for operation working full-time;
b) The head of a scientific and technological organization must have a university degree or higher with management experience and appropriate professional capacity;
For a scientific and technological organization as a university education facility, its head must meet the conditions stipulated by the 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 the scientific and technological organization;
II.Procedure for establishment of scientific and technological organization with foreign capital and non-public scientific and technological organization
Dossier for the establishment of scientific and technological organization with foreign capital includes:
a) Application for establishment of a 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 a scientific and technological organization with foreign capital;
d) Draft Charter of organization and operation;
dd) Establishment project of the 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; the anticipation of human resources of science and technology; financial analysis (if any);
e) Documents evidencing the satisfaction of conditions;
g) Document of Peoples’ Committee of provinces and centrally-affiliated cities where the organization’s head office is located approves the location of the head office of the scientific and technological organization;
h) Audited financial statements or other documents of equal value in the latest financial year of the organization or individuals;
Documents in the dossier specified in this Clause in a foreign language must be translated into the 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. The order and procedures for establishing a foreign-invested science and technology organization include:
a) The dossier is made in 02 (two) sets and sent to the Ministry of Science and Technology by post or directly;
b) Within 05 working days from the date of receipt of the dossier specified in Clause 1 of this Article, the Ministry of Science and Technology shall check the validity of the dossier. In case the dossier is invalid, the Ministry of Science and Technology shall notify in writing the organization or individual for modification and supplementation.
In case the dossier is valid, the Ministry of Science and Technology shall send the dossier to the concerned ministries, branches and agencies for opinions;
c) Within 15 working days from the date of receipt of the application for permission to establish a foreign-invested science and technology organization, the relevant ministries, branches and agencies shall give their opinions in writing. and take responsibility for the content according to their management functions;
d) Within 45 days after receiving a complete and valid dossier, the Minister of Science and Technology shall decide to permit the establishment and approve the charter of organization and operation of the science and technology organization have foreign capital and send a copy of the Decision permitting the establishment of a foreign-invested science and technology organization to the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Public Security, the People’s Committee of the province, the city directly under the Central Government where the approved organization is headquartered;
dd) In case of disapproval, the Ministry of Science and Technology shall send a written notice to the organization or individual clearly stating the reason;
e) Within 90 days from the date of issuance of the decision to permit the establishment, the foreign-invested science and technology organization shall conduct its establishment.
III. 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 the establishment of the scientific and technological organization;
c) Curriculum vitae of the head of the 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;
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 registration of scientific and technological activities include:
a) The application for registration of scientific and technological activities shall be made in 02 (two) sets and sent to the Department of Science and Technology by post or directly;
b) If the application is incomplete as prescribed in Clause 1 of this Article, within 05 working days from the date of receipt of the dossier, the Department of Science and Technology must notify the organization or personally in writing to amend or supplement;
c) Within 15 working days from the day on which the complete application is received, the Department of Science and Technology is responsible for granting the Certificate of registration of scientific and technological activities. In case the application for registration of scientific and technological activities is not approved, the agency competent to register scientific and technological activities shall send a written notice to the organization or individual clearly stating the reason. do.
3. The Department of Science and Technology where the science and technology organization’s head office is located shall grant the certificate of registration of scientific and technological activities to the science and technology organization
In order to save time to find out the procedure, fill out the form, notarize, waiting for the application to be submitted, you can contact HTLaw for Set up a scientific research institute service.
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