Procedures for charter approval for foreign-invested science and technology organizations
1. What are the procedures for applying for permission to establish and approve the charter of foreign-invested science and technology organizations at the Ministry of Science and Technology?
The process of applying for permission to establish and approve charters for foreign-invested science and technology organizations at the Ministry of Science and Technology is specified in item a, subsection 1, Section A, Part II, Amended Administrative Procedures, supplements in the field of science and technology activities within the scope of management functions of the Ministry of Science and Technology, according toDecision 2105/QD-BKHCN 2023 has the following regulations:
- First, science and technology organizations need to submit an application for establishment license and charter approval at the Office of Registration of Science and Technology Activities under the Ministry of Science and Technology.
- Next, the Office of Registration of Scientific and Technological Activities in the Ministry of Science and Technology will conduct an appraisal of the dossier according to the following steps:
+ Consider whether the science and technology organization has fully met current regulatory requirements. If this organization meets all requirements, the Ministry of Science and Technology will allow the establishment and approval of the charter of a foreign-invested science and technology organization.
+ In case a science and technology organization does not meet the conditions to be established and have its charter approved, the Ministry of Science and Technology will provide an official written response, clearly stating the reason why. may allow the establishment and approval of charters of foreign-invested science and technology organizations.
Applying for permission to establish and approve charters for foreign-invested science and technology organizations is an important process to ensure legality and compliance with regulations of management agencies. Thereby, the implementation of this process will help create favorable conditions for the operations of foreign-invested science and technology organizations in the field of science and technology in Vietnam.
2. Documents needed to prepare to apply for permission to establish and approve the charter of foreign-invested science and technology organizations at the Ministry of Science and Technology
The process of applying for permission to establish and approve charters for foreign-invested science and technology organizations at the Ministry of Science and Technology is specified in item c, subsection 1, Section A, Part II, Amended Administrative Procedures, supplements in the field of science and technology activities within the scope of management functions of the Ministry of Science and Technology, according toDecision 2105/QD-BKHCN 2023 has the following requirements:
- Application for permission to establish a science and technology organization.
- Document confirming the legal status of the foreign organization.
- Criminal record of the head of a science and technology organization with foreign capital.
- Draft charter of organization and operations.
- Project to establish a science and technology organization, including:
- Proposal for establishing a science and technology organization, including an explanation of the necessity of establishment; compatibility with Vietnam's strategy and planning for science and technology development and socio-economic development; objectives, content, fields and scope of science and technology activities in Vietnam; investment scale; expected science and technology human resources; Financial analysis (if any).
- Document approving the location of the headquarters of the science and technology organization from the People's Committee of the province or centrally run city where the organization's headquarters is located.
- Audited financial statements or other documents of equivalent value for the most recent fiscal year of the foreign organization or individual. If the project is to establish a science and technology organization related to construction investment, the dossier must include the construction investment project (feasibility study report) in accordance with the law on construction. construction investment.
- Profile of human resources of science and technology organizations:
+ List of human resources.
+ For official personnel: Application for official employment (according to the form); Copies (certified) of training diplomas.
+ For part-time employees: Application for part-time work (according to form); Copies (certified) of training diplomas.
- Profile of the head of a science and technology organization:
+ Official application for employment (according to form).
+ Copy (legally authenticated) Appointment decision of a competent agency or organization.
+ Scientific curriculum vitae certified by a competent agency or organization (according to the form).
+ Copies of training diplomas (legally authenticated).
- Records on physical and technical facilities of science and technology organizations: Must have the following documents:
- Declaration of physical and technical facilities (according to form);
- The meeting minutes of the founders/parties contributing capital to the cooperation clearly state the following contents: capital contribution ratio; total capital (in cash and assets converted into Vietnamese Dong), of which the capital contribution in cash must ensure enough regular operating expenses for at least 01 year according to the number of human resources and scale of operation of the organization. position;
- Commitment to contribute capital (in money and assets) of each individual/parties contributing capital to cooperation (if any);
- Documents proving ownership or use rights to the capital contributed.
- Documents about the headquarters of the science and technology organization: Must have one of the following documents:
+ Copy (legally authenticated) of documents proving home ownership and land use rights of the science and technology organization for the location where its headquarters is located.
+ Copy (legally authenticated) of documents proving home ownership, land use rights or documents proving the lessor's right to rent or lend, enclosed with the lease or loan contract headquarters location;
In case the copy of the contract is not legally authenticated, the organization can present the original for the recipient to compare and sign the copy.
3. If a non-public science and technology organization is a higher education institution, how will it be established?
According to the provisions of Clause 3, Article 7 of Decree 08/2014/ND-CP guiding the Law on Science and Technology, organizations and individuals have the right to decide on their own to establish non-public science and technology organizations. However, for non-public science and technology organizations that are higher education institutions, their establishment must comply with the law on higher education.
In case a non-public science and technology organization is a higher education institution, the establishment process will be carried out according to specific provisions of the law on higher education. This ensures that the establishment and operation of this organization complies with the procedures prescribed by authorities and ensures the quality of higher education.
The fact that non-public science and technology organizations are higher education institutions requires attention and strict compliance with legal regulations related to higher education, including regulations on quality standards. quality, training programs, facilities, personnel and general management. This helps ensure that the organization's activities meet the requirements and standards of the higher education industry, contributing to improving the quality of training and developing science and technology in the industry.
Thereby, implementing the provisions of law on higher education in the process of establishing non-public science and technology organizations as higher education institutions is an important step to ensure legality and quality of this organization's activities. At the same time, this also demonstrates the attention and strict management from the authorities to protect the interests of learners and ensure the sustainable development of the field of higher education and scientific research. learn technology.