Latest Conditions for Granting the Science and Technology Enterprise Certificate

1. General conditions to become a science and technology enterprise

a) Being established and operating under the Law on Enterprises.

b) Creating science, technology, and innovation products from one of the results of scientific research, technology development, and innovation that are legally owned or used, including:

- Inventions; utility solutions; industrial designs; layout designs of semiconductor integrated circuits protected in Vietnam;

- Computer programs that have been granted certificates of copyright registration;

- New livestock breeds; new plant varieties; new aquatic breeds; new forest tree breeds; technical advances that have been protected or recognized;

- Results of scientific research, technology development, and innovation that have been appraised, confirmed, or recognized in accordance with the law;

- Technologies transferred under technology transfer contracts that have been registered in accordance with the law on technology transfer.

2. Specific conditions based on enterprise scale

Conditions for large enterprises:

a) Total expenditure on scientific research, technology development, and innovation activities must reach at least 2% of the average net revenue in the 03 most recent consecutive fiscal years or from 200 billion Vietnam Dong/year or more in the 03 most recent consecutive fiscal years; in case an enterprise has been operating for less than 03 years, the average is calculated over the entire period of operation since establishment, but not less than 01 full fiscal year;

b) Having a research and development department with at least 10 personnel with university degrees or higher, of which at least 05 personnel are Vietnamese;

c) Science, technology, and innovation products account for at least 30% of total revenue or reach 90 billion Vietnam Dong/year or more in the 03 most recent consecutive fiscal years; in case an enterprise has been operating for less than 03 years, the average is calculated over the entire period of operation since establishment, but not less than 01 full fiscal year;

d) Science, technology, and innovation products bring about one of the following effects: Being exported to foreign markets; being created from technology in the List of technologies encouraged for transfer according to the law; winning national or international awards for quality or environment.

Conditions for medium enterprises:

a) Total expenditure on scientific research, technology development, and innovation activities must reach at least 2% of the average net revenue in the 03 most recent consecutive fiscal years; in case an enterprise has been operating for less than 03 years, the average is calculated over the entire period of operation since establishment, but not less than 01 full fiscal year;

b) Having a research and development department with at least 05 personnel with university degrees or higher, including Vietnamese personnel;

c) Science, technology, and innovation products account for at least 20% of total revenue in the 03 most recent consecutive fiscal years; in case an enterprise has been operating for less than 03 years, the average is calculated over the entire period of operation since establishment, but not less than 01 full fiscal year.

Conditions for small and micro enterprises:

a) Total expenditure on scientific research, technology development, and innovation activities must reach at least 2% of the average net revenue in the 03 most recent consecutive fiscal years; in case an enterprise has been operating for less than 03 years, the average is calculated over the entire period of operation since establishment, but not less than 01 full fiscal year;

b) Having at least 02 personnel active in science, technology, and innovation, including Vietnamese personnel, or hiring 02 or more experts from research institutions, training institutions, or science and technology organizations;

c) Having at least 01 science, technology, and innovation product currently being commercialized.

3. Components of the application dossier for the Certificate

Enterprises meeting the prescribed conditions shall submit 01 set of application dossiers for the Science and Technology Enterprise Certificate to the competent authority. The dossier is submitted through the public service system as regulated.

The application dossier for the Science and Technology Enterprise Certificate includes:

- The original application form for the Science and Technology Enterprise Certificate.

- Copies of the recognition documents from competent state management agencies for scientific research, technology development, and innovation results:

+ Technology transfer registration certificate;

+ Intellectual property protection titles;

+ Decision on recognition or self-declaration of new plant varieties, livestock breeds, aquatic breeds, or forest tree breeds in accordance with specialized laws; decision on recognition of technical advances;

+ Decision on recognition of results of scientific research, technology development, and innovation tasks using the state budget or Certificate of registration of results of scientific research, technology development, and innovation tasks using the state budget; Confirmation of results of scientific research, technology development, and innovation tasks not using the state budget;

+ Other confirmation or recognition documents of equivalent legal value.

- The original production and business plan of the science and technology enterprise proving the fulfillment of the prescribed conditions.

4. Authority and Legal Validity

According to regulations, the Provincial People's Committee where the enterprise’s head office is located is the competent authority to receive dossiers, appraise, and issue the Science and Technology Enterprise Certificate, issue changes to contents, re-issue, revoke, or invalidate the Science and Technology Enterprise Certificate.

The Provincial People's Committee is responsible for notifying the issuance, change, re-issuance, revocation, or invalidation of the Science and Technology Enterprise Certificate to relevant agencies involved in the implementation of incentive and support policies for science and technology enterprises.

Periodically, the Provincial People's Committee is responsible for updating data on the issuance, change, re-issuance, revocation, or invalidation of the Science and Technology Enterprise Certificate into the National Digital Platform for Science, Technology, and Innovation Management.

The Science and Technology Enterprise Certificate is valid nationwide in the form of a paper document or an electronic document; it serves as the basis for implementing investment incentives and other incentive and support policies of the State for science and technology enterprises; it is the basis for enterprises to perform science, technology, and innovation activities in accordance with the law.

The above regulations take effect from October 14, 2025.

The above regulations are essential to fully institutionalize the new provisions of the Law on Science, Technology, and Innovation 2025, while simultaneously overcoming the lack of synchronicity and fragmentation in the management and support of science and technology enterprises. These regulations will create a unified and synchronous legal corridor, ensuring transparency, feasibility, and suitability with practical requirements; simplify procedures, shift strongly from pre-inspection to post-inspection, and enhance the application of digital technology in management; while thoroughly decentralizing to local levels. This is an important basis for improving policy efficiency and promoting the quantity and quality of science and technology enterprises.

5. Frequently Asked Questions (FAQs) about S&T Enterprises

Q1: Can a newly established enterprise (under 3 years) be granted the Certificate?

Answer: Yes. According to Decree No. 268/2025/ND-CP, in case an enterprise has been operating for less than 03 years, the indicators for S&T expenditure and S&T product revenue will be calculated as an average over the entire actual operating time (but not less than 01 full fiscal year).

Q2: What is the minimum revenue ratio from S&T products?

Answer: This ratio is categorized by enterprise scale:

• Large enterprises: At least 30% of total revenue (or reaching from 90 billion VND/year).
• Medium enterprises: At least 20% of total revenue.
• Small and micro enterprises: Only need to have at least 01 S&T product being commercialized.

Q3: Is a micro-enterprise required to have an R&D department?

Answer: It is not mandatory to establish a separate R&D department like large enterprises. Micro-enterprises only need to have at least 02 personnel active in S&T or can be flexible by hiring 02 or more experts from research institutes, universities, or S&T organizations.

Q4: Where to submit the application for the Certificate?

Answer: Enterprises submit 01 set of dossiers online through the Public Service System of the Provincial People's Committee where the enterprise’s head office is located. This is the sole competent authority to receive, appraise, and issue the Certificate.

Q5: How long is the S&T Enterprise Certificate valid?

Answer: The Certificate is valid nationwide and serves as the basis for enjoying investment incentives. However, periodically, the Provincial People's Committee will perform post-inspections and update data into the National Digital Platform for S&T and Innovation Management. If the enterprise no longer maintains sufficient conditions, the Certificate may be revoked or invalidated.

 

The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

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