List of conditional business lines - the Ministry of Science and Technology
No. Name of conditional businesses Form of business condition Current legal regulation Authority
1
Organizations providing industrial property representation services
Organization providing industrial property representation services: must obtain the Decision by the Director of the National Office of Intellectual Property recognizing it as an organization providing industrial property representation services
- Articles 154 and 156 of the Law on Intellectual Property 2005, as amended, supplemented in 2009; - Article 29a Decree No.103/2006/ND-CP, as amended, supplemented according to Decree No.122/2010/ND-CP; - Item 56.1 Circular No.01/2007/TT-BKHCN, as amended, supplemented according to Circular No.13/2010/TT-BKHCN, Item 56.1 Circular No.01/2007/TT-BKHCN, as amended, supplemented according to Circular No.13/2010/TT-BKHCN,
National Office of Intellectual Property
2
Intellectual property assessment organization
- Certificate of Intellectual property assessment organization; - Member card of surveyor
- Clause 2 Article 201 the Law on Intellectual Property 2005, as amended, supplemented in 2009; Article 42 Decree No.105/2006/ND-CP, as amended, supplemented according to Decree No. 119/2010/ND-CP; Clause 3 Section I Circular No.01 /2008/TT-BKHCN, as amended, supplemented according to Circular No.04/2009/TT-BKHCN, - Clause 3 Section I Circular No.01 /2008/TT-BKHCN, as amended, supplemented according to Circular No.04/2009/TT-BKHCN,
National Office of Intellectual Property
3
Exploration, exploitation and processing of radioactive ores
License for exploration, exploitation and processing of radioactive ores
Article 58,77 of the Law on Atomic Energy
the Ministry of Natural Resources and Environment
4
Performance of radiation related-works
- Performance of radiation related-works - Certificate of radiation staff
- Article 73 of the Law on Atomic Energy; - Article 28 of the Law on Atomic Energy
Vietnam Agency for Radiation
5
Services supporting the application of atomic energy
Practicing license for services supporting the application of atomic energy (at least two staff)
Article 68, 69, 70 of the Law on Atomic Energy
the Ministry of Science & Technology
6
For production and processing of LPG
Certificate of meeting technical conditions for production and processing of LPG
- Article 10 of Decree No.107/2009/ND-CP; - Circular 12/2010/TT-BKHCN
Directorate for Standards, Metrology and Quality
7
Certification of LPG products on debut
Quality certificates of LPG products on debut
Quality certificates of LPG products on debut
Directorate for Standards, Metrology and Quality
8
Operation of inspection, calibration, testing of measuring devices, designated measurement standards
Decision on designated the organization for inspection, calibration and testing of measuring devices, designated measurement standards
- Article 25 of the Law on Metrology; - Circular 24/2013/TT- BKHCN
Directorate for Standards, Metrology and Quality
9
Registration of testing operations
Certificate of testing operations
- Certificate of testing operations
Directorate for Standards, Metrology and Quality
10
Registration of certification operations
Certificate of registration of certification operations
Certificate of registration of certification operations
Directorate for Standards, Metrology and Quality
11
Registration of accreditation operations
Certificate of registration of accreditation operations
Certificate of registration of accreditation operations
Directorate for Standards, Metrology and Quality
12
Registration of using uncommon-used additive to produce, process and mix gasoline and diesel fuels.
Written approval for using uncommon-used additive to produce, process and mix gasoline and diesel fuels.
- the Law on Product and Goods Quality; - Article 4, Article 7 of Decree No. 132/2008/ND-CP; - Circular No.15/2009/TT-BKHCN
the Ministry of Science and Technology
13
Registration of new products which may cause unsafely falling within the management authority of the Ministry of Science and Technology
Notice accepting the registration of new products which may cause unsafely falling within the management authority of the Ministry of Science and Technology
- the Law on Product and Goods Quality; - Article 4, Article 7 Decree No. 132/2008/ND-CP; - Circular No. 22/2009/TT-BKHCN
the Ministry of Science and Technology
14
Provision of services on inspection, calibration, testing of measuring devices, designated measurement standards
Certificate of provision of services on inspection, calibration, testing of measuring devices, designated measurement standards
- Article 25 the Law on Metrology; - Circular 24/2013/TT-BKHCN
Directorate for Standards, Metrology and Quality
15
Production, import of measuring devices, class 2 which requires the approval of samples
Decision on approval of the measuring devices
- Item a Clause 2 Article 19 the Law on Metrology; - Item a Clause 2 Article 19 the Law on Metrology;
Directorate for Standards, Metrology and Quality
16
Manufacture and/or trading of helmets for motorbike riders
Certification of standard conformity in accordance with national technical regulations QCVN 2: 2008/BKHCN
Inter-ministerial Circular No. 06/2013/TTLT-BKHCN-BCT-BCA-BGTVT
the Ministry of Science and Technology
17
Hi-tech application activities
Certificates of hi-tech application activities
- Law on High Technology 2008; - Circular No. 32/2011/TT-BKHCN
Certification Office of Hi-Tech Activities and S&T Enterprises
18
New enterprise established under a hi-tech application project
Certificate of a new enterprise established under a hi-tech product manufacture investment project
- Law on High Technology 2008; - Circular No. 32/2011/TT-BKHCN
Certification Office of Hi-Tech Activities and S&T Enterprises
19
Hi-tech enterprise
a/ It manufactures hi-tech products on the list of those encouraged for development under Article 6 of Law on High Technology 2008; b/ Its average total expenditure for research and development activities carried out in Vietnam for 3 consecutive years equals at least 1% of its total annual turnover, and over 1% of its total turnover from the fourth year; c/ Its average turnover from hi-tech products for 3 consecutive years equals at least 60% of its total annual turnover, and at least 70% of its total turnover from the fourth year; d/ The number of its aborters with a university or higher degree personally involved in research and development activities accounts for at least 5% of its total workforce; e/ It applies environmentally friendly and energy-saving solutions to production and product quality management up to Vietnam’s standards or technical regulations; in case Vietnam’s standards or technical regulations are unavailable yet. It must apply standards of international specialized organizations.
Law on High Technology 2008;
the Ministry of Science and Technology
20
Hi-tech application agricultural enterprises
a/ It applies high technologies on the list of those prioritized for development investment under Article 5 of this Law to agricultural production; b/ It conducts hi-tech research and application testing activities for agricultural production; c/ It turns out agricultural products of high quality, yield, value and benefits; d/ It applies environmentally friendly and energy-saving measures to agricultural production and agricultural product quality management up to Vietnam’s standards or technical regulations. In case Vietnam’s standards or technical regulations are unavailable, it shall apply standards of international specialized organizations.
Law on High Technology 2008;
the Ministry of Science and Technology