Business License from Projects of Encouraged High-Tech Products

Obtaining a business license from projects of encouraged high-tech products is a procedure enabling enterprises to officially qualify for special state investment incentives, thereby reducing costs, increasing competitive advantages, and expanding operational scale. Mastering technical criteria and updating the roadmap for management authority transfer helps enterprises proactively comply with the law and maximize support opportunities. This article summarizes current regulations and provides specific guidance to assist clients in executing the procedure rapidly and lawfully.

Business License from Projects of Encouraged High-Tech Products: Licensing Conditions

Pursuant to Clause 1, Article 3 of Circular 32/2011/TT-BKHCN (amended and supplemented by Circular 04/2020/TT-BKHCN, Circular 15/2023/TT-BKHCN, and Circular 08/2025/TT-BKHCN), investment projects producing high-tech products (whether implemented or ongoing) must meet the following criteria when applying for certification:

• Product Category: Manufacture high-tech products or provide high-tech services belonging to the List of High-Tech Products Encouraged for Development issued by the Prime Minister.
• Product Quality: Products created from the project must possess superior quality and features, high added value, be environmentally friendly, and be capable of substituting imported products.
• Advanced Technology: The technological line must be advanced and program-controlled. Major equipment in the line must be updated with new technologies in the project’s field within 05 years from the investment time.
• Quality Management: The project’s quality management system must meet one of the national standards (TCVN ISO 9001, HACCP, CMM, GMP) or equivalent international certifications.
• Environment & Energy: Apply environmentally friendly measures and energy-saving practices. Product quality management must meet Vietnam’s technical regulations/standards. In the absence of Vietnamese standards, standards of specialized international organizations apply. (Encouragement for ISO 14000, ISO 50001).

Note for Undeveloped Projects: For high-tech product manufacturing projects not yet deployed, the application must include a commitment to meet the above criteria within 12 months from the date of certification issuance.

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Validity of the Certificate

According to Clause 2, Article 7 of Circular 33/2011/TT-BKHCN, the Certificate is effective from the date of issuance and remains valid until the termination of the high-tech product manufacturing investment project.

However, competent state agencies conduct post-inspection and periodic supervision. If the enterprise fails to meet high-tech criteria or violates the Law on High Technology during operations, the certificate will be revoked, terminating its legal validity immediately.

Enterprise Incentives Post-Licensing

Pursuant to Clause 1, Article 17 of the Law on High Technology 2008, enterprises newly established from investment projects producing encouraged high-tech products enjoy the highest incentives regarding land and import tax laws.

Additionally, enterprises may enjoy the highest incentives regarding corporate income tax (CIT), value-added tax (VAT), and export tax upon meeting conditions:

• Producing products on the List of High-Tech Products Encouraged for Development.
• Applying eco-friendly and energy-saving measures; meeting technical standards.
• Other criteria as prescribed by the Prime Minister.

Competent Authority for Licensing

According to Clause 1, Article 3 of Circular 08/2025/TT-BKHCN, the authority to issue certificates for enterprises newly established from investment projects producing encouraged high-tech products lies with the Provincial People’s Committee where the enterprise is headquartered.

Required Dossier Components

The dossier for requesting the business license from projects of encouraged high-tech products, as specified in Section I, Appendix of Circular 08/2025/TT-BKHCN, includes:

1. Request Form: Application for certification of newly established enterprise (Form B1-DNTLM in the Appendix of Circular 08/2025/TT-BKHCN).
2. Explanatory Statement: Demonstration that the enterprise meets the criteria for high-tech product manufacturing investment projects (Form B2-TMDNTLM in the Appendix of Circular 08/2025/TT-BKHCN).

Note: The dossier must be prepared in Vietnamese.

Procedural Sequence for Licensing

Pursuant to Section I of Circular 08/2025/TT-BKHCN, the procedure proceeds as follows:

Step 1: Dossier Submission Enterprises may choose one of two methods:

• Online Submission: Declare and submit via the National Public Service Portal. Procedure Code: 2.002794.
• Direct Submission: If online procedures are unavailable, submit 01 dossier set directly to the One-Stop Shop of the Provincial People’s Committee where the headquarters is located.

Step 2: Appraisal The Provincial People’s Committee organizes the reception and appraisal of the dossier.

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Long Phan Consulting Services

Long Phan Consulting Company offers comprehensive support for obtaining the business license from projects encouraging high-tech products. Our services ensure legal compliance and time efficiency, including:

• Consulting and Assessment: Evaluating the project’s eligibility against high-tech criteria.
• Dossier Preparation: Assisting in compiling the request form and detailed explanatory statements.
• Representation: Submitting the dossier to the competent state agency on the client’s behalf.
• Monitoring and Explanation: Tracking processing progress and working directly with agencies to clarify details.
• Handling Requirements: Processing requests for supplements (if any).

Common Inquiries Regarding High-Tech Licensing

Below, Long Phan Consulting presents several frequently asked questions related to the procedures for obtaining a Business License from Projects of Encouraged High-Tech Products. Clients with interest in this licensing process are invited to review the following information:

Submission for Projects Under Construction Permitted.

For projects not yet deployed or under construction, enterprises may submit dossiers but must include a written commitment. The content must affirm that technology, quality, and environmental criteria will be met within 12 months of certification.

• Legal Basis: Clause 1, Article 3, Circular 32/2011/TT-BKHCN (amended).

Applying Standards Without National Standards (TCVN)

In the absence of corresponding national technical regulations, enterprises are required to apply standards from reputable specialized international organizations. The application of international environmental and energy standards (ISO 14000, ISO 50001) is strongly encouraged.

• Legal Basis: Clause 1, Article 3, Circular 32/2011/TT-BKHCN (amended).

Certificate Duration

The certificate is valid from the issuance date until the end of the investment project, unless revoked due to violations or failure to maintain conditions.

• Legal Basis: Clause 2, Article 7, Circular 33/2011/TT-BKHCN.

Current Licensing Authority

Currently, the Provincial People’s Committee where the enterprise is headquartered is the competent authority to receive, appraise, and issue the Certificate.

• Legal Basis: Clause 1, Article 3, Circular 08/2025/TT-BKHCN.

Use of Foreign Language Documents

No. Regulations mandate that the entire dossier, including the application, explanations, and attachments, must be established in or translated into Vietnamese to ensure consistency in appraisal.

• Legal Basis: Section I, Appendix, Circular 08/2025/TT-BKHCN.

Required Product Characteristics

Products must belong to the Prime Minister’s List of High-Tech Products Encouraged for Development. Qualitatively, they must possess superior features, high added value, eco-friendliness, and import substitution capability.

• Legal Basis: Clause 1, Article 3, Circular 32/2011/TT-BKHCN (amended).

Conclusion

Possessing a business license from projects of encouraged high-tech products offers immense competitive advantages through superior tax and land incentives. However, complex legal processes and shifts in management authority require thorough preparation. For professional legal assistance, please contact Long Phan Consulting Company via hotline 1900.63.63.89.