Procedure for application for establishment of foreign-invested research institute
01. Conditions for application
1. Any company or individual who would like to establish a private research institute must apply for a certificate of science and technology activities under laws.
2. If the institute is invested by foreigner(s), the owner/investor must carry out the procedure for establish the institute before applying for the ertificate of science and technology activities
02. Applicable laws
1. Decree No. 08/2014/NĐ-CP
2. Ciruclar No. 03/2014/TT-BKHCN
Step 1: Prepare 02 sets of the following documents
- Application for establishment of scientific and technological institute;
2. Documents certifying the legal status of foreign organizations which plan to establish the institute;
3. Judicial records of the head of the institute;
4. Draft Regulation of organization and operation of the institute;
5. A report on establishment of the institute which 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; anticipation of human resources of science and technology; financial analysis (if any);
6. Documents evidencing the satisfaction of conditions under the laws;
7. Document of Peoples’ Committee of provinces where the institute is expected to be located approves its location; and
8. Audited financial statement or other documents of equal value in the latest financial year of the foreign owner.
Step 2: Submit the file to the Ministry of Science and Technology (“MST”)
Step 3: The MST shall, within 05 working days from the date of receipt of file, check the validity of the file. In the case the file is not valid, notify the application in writing about amendment and supplementation of the file and ask relevant state agencies for their opinions about the file.
Step 4: The relevant state agencies shall, within 15 working days from the date of receipt of the file, provide their opinions about the file.
Step 5: The Minister of MST shall, within 45 days from the date of receipt of the valid file, grant a decision on the establishment and ratify the regulation on the organization and operation of the foreign-invested research institute. In case the Minister refuses to do so, he shall notify in writing and specify the reason therefor.
Step 6: The foreign-invested research institute shall, within 90 days from the birthday of the decision on its establishment, conduct necessary activities to establish itself.
Step 7: Prepare 02 sets of the following documents
- Application for scientific and technological operation registration;
- Decision on the establishment of the institute;
- Curriculum vitae of the head of the institute
- Charter of organization and operation of the institute which has been approved; and
- Documents proving sufficient manpower and technical facilities for the institute under the laws;
Step 8: Submit the file to Department of Science and Technology (“DST”) where the research institute is expected to be located
Step 9: The DST shall, within 05 working days from the date of receipt of the file, check the file, and in case the file is not valid, notifying in writing about amendment and supplementation of the file.
Step 10: The DST shall, within 15 working days from the date of receipt of the valid file, grant a certificate of science and technology operation, or in the case of refusal, notify in writing and specify the reason therefor.