DECISION

PRESCRIBING CRITERIA FOR IDENTIFYING HI-TECH ENTERPRISES

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 13, 2008 Law on High Technologies; Pursuant to the November 26, 2014 Investment Law;

At the proposal of the Minister of Science and Technology,

The Prime Minister promulgates the Decision prescribing criteria for identifying hi-tech enterprises.

Article 1. Criteria for identifying hi-tech enterprises

A hi-tech enterprise is that satisfying the criteria prescribed at Points a and b, Article 75 of the Investment Law, and the following specific criteria:

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2. The enterprise’s total expenses for research and development activities conducted in Vietnam must account for at least 1% of its total annual net revenue, for small-and medium-sized enterprises, or 0.5%, for enterprises with a total capital of over VND 100 billion and more than 300 employees.

3. The number of research and development staff members holding a university or higher degree must account for at least 5% of the enterprise’s total number of employees, for small-and medium-sized enterprises. For enterprises with a total capital of over VND 100 billion and more than 300 employees, the number of research and development staff members holding a university or higher degree must account for at least 2.5% of the total number of employees and be not less than 15.

Article 2. Enterprises that have submitted dossiers of application for hi-tech enterprise certificates before the effective date of this Decision, but not yet been granted such certificates, shall comply with the criteria provided in this Decision.

Article 3. This Decision takes effect on August 1, 2015.

Article 4. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decision.-

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung