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PRIME MINISTER |
SOCIALIST
REPUBLIC OF VIETNAM |
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No. 10/2021/QD-TTg |
Hanoi, March 16, 2021 |
ELIGIBILITY OF HI-TECH ENTERPRISES
Pursuant to Law on Governmental Organization dated June 19, 2015; Law on amendments to Law on Government Organization and Law on Local Governmental Organization dated November 22, 2019;
Pursuant to Law on High Technologies dated November 13, 2008;
Pursuant to Law on Investment dated November 26, 2014; Law on Investment dated June 17, 2020;
At request of Minister of Science and Technology;
Prime Minister promulgates Decision on eligibility of hi-tech enterprises.
This Decision prescribes eligibility of hi-tech enterprises according to Law on High Technology.
This Decision applies to enterprises manufacturing hi-tech products, providing hi-tech services in Vietnam and relevant agencies, organizations.
Article 3. Eligibility of hi-tech enterprises
Hi-tech enterprises must satisfy eligibility under Points a and b Clause 1 Article 18 of Law on High Technology No. 21/2008/QH12 and amendments thereto under Article 75 of Law on Investment No. 67/2014/QH13 and Clause 3 Article 76 of Law on Investment No. 61/2020/QH14, and following eligibility:
1. Revenues generated from hi-tech products must account for at least 70% of total annual net revenue of enterprises.
2. Percentage of expenses on research and development of enterprises (including depreciation of investment for infrastructures, fixed assets, recurrent expenditure on research and development; expenditure on training and training assistance for research and development of enterprises, science and technology organizations, training facilities in Vietnam; fees for copyrights, transfer of ownership and use rights for industrial property serving research and development; fees for accreditation registration or protection of inventions, solutions in Vietnam) over total net revenue less input value (including materials and components serving import and domestic procurement) of each year:
a) Enterprises with total funding sources of VND 6,000 billion or more and 3,000 workers or more must achieve at least 0.5%;
b) Enterprises not specified under Point a Clause 2 of this Article with total funding sources of VND 100 billion or more and 200 workers or more must achieve at least 1%;
c) Other enterprises must achieve at least 2%.
3. Percentage of workers participating in research and development having at least college level education of enterprises (number of workers entering to employment contracts for at least 1 year or indefinite term employment contracts, in which number of worker having college level education must not exceed 30%) over total number of workers:
a) Enterprises with total funding sources of VND 6,000 billion or more and 3,000 workers or more must achieve at least 1%;
b) Enterprises not specified under Point a Clause 3 of this Article with total funding sources of VND 100 billion or more and 200 workers or more must achieve at least 2.5%;
c) Other enterprises must achieve at least 5%.
Enterprises that have submitting application for issuance of hi-tech enterprise certificates before the effective date hereof and have not received the certificates shall conform to this Decision.
Article 5. Implementation clause
1. This Decision comes into force from April 30, 2021 and replaces Decision No. 19/2015/QD-TTg dated June 15, 2015 of Prime Minister on eligibility of hi-tech enterprises.
2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities are responsible for implementation of this Decision.
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PRIME MINISTER |
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for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT
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