On March 16, 2021 the Prime Minister promulgated Decision No.10/2021/QĐ-TTg on
eligibility of hi-tech enterprises.
Accordingly, 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:
- Enterprises with total
funding sources of VND 6,000 billion or more and 3,000 workers or more must
achieve at least 0.5%;
- Enterprises not specified
under Point a Clause 2 of Article 3 of this Decision with total funding sources
of VND 100 billion or more and 200 workers or more must achieve at least 1%;
- 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:
- Enterprises with total
funding sources of VND 6,000 billion or more and 3,000 workers or more must
achieve at least 1%;
- Enterprises not specified
under Point a Clause 3 of Article 3 of this Decision with total funding sources
of VND 100 billion or more and 200 workers or more must achieve at least 2.5%;
- Other enterprises must
achieve at least 5%.
This Decision comes into force from April 30, 2021 and replaces Decision
No. 19/2015/QD-TTg dated June 15, 2015 of the Prime Minister on eligibility of hi-tech
enterprises.
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.
Department of Enterprise Management.