Conditions, documents and procedures for establishing a science and technology organization

What is a science and technology organization? What are the procedures and conditions for establishing a science and technology organization? fdiinvietnam.com will answer below.

What is a science and technology organization (S&T)?

fdiinvietnam.com realizes that many of you often confuse science and technology organizations with science and technology enterprises. Therefore, fdiinvietnam.com will help you clarify the concepts of these two types before analyzing specifically about science and technology organizations.

• A scientific and technological organization is an organization specializing in scientific research, research, development and technology development, and scientific and technological services;
• A science and technology enterprise is an enterprise specializing in production, business, and scientific and technological services to create products from the results of scientific research and technological development.

According to regulations, scientific and technological organizations are entitled to partially or fully transform to register as scientific and technological enterprises. 

Contact fdiinvietnam.com for quick support in transforming science and technology organizations into science and technology enterprises.

>> Reference:  Science and technology organization establishment service at fdiinvietnam.com.

Procedures for establishing a science and technology organization

Scientific and technological organizations are classified and operate in many different forms but are often divided into the following 3 types:

1. According to operational functions, including: basic research organizations, applied research organizations, scientific and technological service organizations;
2. According to the authority to establish: scientific and technological organizations under the National Assembly, scientific and technological organizations under the Government…;
3. By form of ownership, including: public science and technology organizations, non-public science and technology organizations, and foreign-invested science and technology organizations.

Depending on each form, the document requirements will be different, however, basically, the document regulations and procedures will include the following items.

► Profile of establishment of science and technology organization

In addition, for foreign-invested science and technology organizations, the following documents must be supplemented:

See also:

 >>  How to register for criminal record number 1 & number 2;

 >>  Criminal record service.

 

► Process and procedures for establishing a science and technology organization 

 

The process of establishing a science and technology organization is prescribed in the following 2 steps:

Step 1: Send 2 sets of documents by post or submit directly to the competent authority:

• For public science and technology organizations (central level), foreign-invested science and technology organizations, and science and technology organizations that are higher education institutions: Submit registration documents to the Ministry of Science and Technology;
• For other scientific and technological organizations: Submit application to the Department of Science and Technology (where the organization has its headquarters).

Step 2: Wait for results and make adjustments (if any), details as follows:

• Within 5 working days, if the dossier is invalid, the competent authority shall notify in writing the scientific and technological organization to adjust and supplement;
• Within 30 days (for public/non-public organizations) or 15 days (for organizations with foreign capital), from the date of valid dossier, the Ministry of Science and Technology or the Department of Science and Technology must give its assessment opinion on the scientific and technological organization;
• Within 15 days (for public/non-public organizations) or 45 days (for organizations with foreign capital) from the date of receiving the appraisal results: 

>> Competent authority considers and grants establishment license to the organization;

>> If the certificate is refused, the competent authority shall notify in writing stating the reasons. 

Note:  For scientific and technological organizations that are higher education institutions:

• The order and procedures for establishment are implemented according to regulations on higher education;
• Establishment appraisal must have the participation of the Ministry of Science and Technology.

Conditions for registration to establish a science and technology organization

To establish a scientific and technological organization, you need to meet the conditions regarding the organization’s charter, participating personnel, facilities, etc. Below are some basic regulations on the conditions that must be met to establish a scientific and technological organization:

1. Name of the scientific and technological organization

The name of a science and technology organization includes the full name, international transaction name and abbreviation (if any). The name is written in the Vietnamese alphabet, with the addition of letters F, J, Z, W, numbers or pronounceable symbols. In addition, it must not violate public morality, ethics, or infringe upon intellectual property rights protected in Vietnam, specifically as follows:

• Full name in Vietnamese: 

>> Including: form of organization (institute, center…) + proper name;

>> The proper name must be consistent with the organization’s main field and not duplicate that of another science and technology organization.

• International transaction name: translated from Vietnamese, the proper name can be kept intact or translated into the corresponding meaning into a foreign language;
• Abbreviation: includes the first letters of the words that are the main elements of the name (including Vietnamese and foreign languages).

2. Headquarters of science and technology organization

• The head office is located in Vietnam, has a specific address, telephone number, fax number and email address (if any);
• Scientific and technological organizations can register additional locations of operation, but they must be in the same province/city as the head office.

3. Objectives and directions of activities of scientific and technological organizations

According to regulations, the goals and directions of activities of scientific and technological organizations must not infringe upon the rights, properties, etc. of other organizations, details as follows:

• Not to infringe upon the interests and property of the state, individuals and other organizations; environmental resources; human health;
• Do not appropriate, transfer or assign scientific and technological results in violation of the law.

4. The field of operation must be in one of the following fields:

• Research, development of science and technology, experimental implementation, trial production;
• Production and trading of products that are the result of scientific and technological research and development;
• Science and technology services.

5. Charter capital: includes cash and other assets converted to cash.

6. Human resources of science and technology organizations: must have at least 5 people with university degree or higher, including:

• Mandatory for heads;
• Minimum 40% of official staff;
• At least 30% of staff must have professional qualifications appropriate to the field of operation.

In addition, depending on the form of operation, the head of a scientific and technological organization must meet the following additional conditions:

• Must have appropriate professional capacity and at least 1 year of management experience (for public science and technology organizations);
• Must have appropriate management experience and capacity, must work under formal regime (for non-public science and technology organizations and organizations with foreign capital).

7. Facilities and techniques

• The total capital stated on the certificate of the scientific and technical organization is also the total value of the material and technical facilities converted into money (calculated at the time of registration);
• Have the right to own or use headquarters, factories, laboratories, machinery and equipment, intellectual property, and other material and technical means to perform the functions and tasks of the scientific and technological organization.

In addition, depending on whether the scientific and technological organization is established by an individual, has foreign capital or is a public organization, there will be different specific regulations on registration conditions.

Note: Immediately after being granted a certificate of registration for scientific and technological activities, scientific and technological organizations must submit their first tax registration dossier to the Tax Department (where their head office is located) according to the provisions of Circular 105/2020/TT-BTC.

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