The Authorities on December 12 issued Decree 319/2025/ND-CP (Decree 319), specifying standards for choosing Vietnamese organizations and enterprises to obtain know-how switch for railway initiatives.
Accordingly, Vietnamese organizations and enterprises are solely thought of in the event that they meet all of the stipulated situations. Firstly, they should be established beneath Vietnamese legislation and possess legitimate authorized standing, having clear features and obligations (for organizations) or registered enterprise traces and working licenses (for enterprises) which might be in line with the know-how discipline being transferred. Secondly, they should have workshops and services of enough scale to fulfill the necessities for receiving and putting in equipment, tools, and technological traces. Thirdly, they should have enough monetary sources or the power to mobilize monetary sources to cowl and settle the prices of know-how switch. Fourthly, they should have a workforce of specialists, technical employees, and staff with administration and analysis capabilities, in addition to skilled and technical {qualifications}, to make sure the reception, mastery, and operation of the transferred know-how, Fifthly, they should have a plan to mobilize sources to fulfill the necessities for receiving know-how switch. Sixthly, they need to make a dedication to make sure the completion of the acquisition, mastery, and operation of the transferred know-how. Seventhly, they should have expertise in worldwide cooperation on know-how switch. Eighthly, they don’t at the moment endure dissolution procedures or having its enterprise registration certificates or enterprise license revoked; and should not topic to insolvency as outlined by chapter legislation. Ninthly, the know-how switch value to be proposed by them doesn’t exceed the estimated price of know-how switch within the railway challenge that has been authorised by the competent authority.
Primarily based on normal standards, the railway challenge investor is chargeable for figuring out particular necessities for every criterion, guaranteeing compatibility with the kind of know-how being transferred, and the character and scale of every challenge.
Decree 319 additionally particulars the process, course of, and authority for choosing Vietnamese organizations and enterprises tasked with or commissioned to obtain know-how transfers for railway initiatives.
The railway challenge investor should ship particular necessities concerning the standards for choosing organizations and enterprises to the Ministry of Building. For native railway initiatives, they need to ship these necessities to the respective provincial Individuals’s Committee. Primarily based on these necessities, the Ministry of Building or the respective provincial Individuals’s Committee will publicly announce the number of organizations and enterprises on the digital portal and mass media as per rules.
Organizations and enterprises wishing to take part should submit a registration file for the duty or order to obtain know-how switch. The file will be submitted immediately, by way of postal service, or electronically to the Ministry of Building or the provincial Individuals’s Committee for native railway initiatives.
If the file doesn’t totally meet the necessities, inside three working days from receipt, the receiving company should notify the group or enterprise in writing to amend or complement it. The modification or supplementation interval should not exceed seven working days from the notification receipt. If the amended file nonetheless doesn’t meet the necessities, inside three working days from receipt of the supplementary file, the Ministry of Building or the provincial Individuals’s Committee will notify in writing that the file is inadequate for consideration and analysis.
Inside 30 days from receiving a whole and legitimate file, the Ministry of Building or the provincial Individuals’s Committee will resolve to determine an advisory council to judge the organizations and enterprises towards the stipulated standards. The advisory council should full the analysis of the know-how switch outcomes inside 20 days from its institution.
Primarily based on the advisory council’s opinions, inside 15 days from receiving the analysis outcomes, the Ministry of Building or the provincial Individuals’s Committee will resolve on the number of Vietnamese organizations and enterprises tasked with or commissioned to obtain know-how transfers for railway initiatives.
The particular stipulation of standards, procedures, and authority for choosing organizations and enterprises for know-how switch in Decree 319 is recognized as a step to concretize the particular mechanisms and insurance policies authorised by the Nationwide Meeting, making a unified authorized foundation for implementing key railway initiatives and nationwide essential initiatives sooner or later.
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