The Circular guiding the use of the enterprise's science and technology development fund

Published on 01 - 06 - 2022
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On 31/5/2022, the Ministry of Science and Technology issued the Circular No. 05/2022/TT-BKHCN guiding the use of the enterprise's science and technology development fund.

Accordingly, the Circular applies to enterprises established in accordance with the law, other relevant state agencies, organizations and individuals.

Specifically, on the rights and responsibilities of enterprises

- Having the rights to autonomy and self-responsibility in managing and using the fund for the right purposes as prescribed in Clause 3, Article 63 of the Law on Science and Technology.

- Notifying the establishment of the Fund to the specialized agency on science and technology under the People's Committee of the province or centrally-run city where the enterprise registers to pay tax within 30 days from the date of establishment of the Fund.

- To develop, approve and send the Regulation to propose, define tasks, organize the implementation and evaluate the acceptance of scientific and technological tasks of enterprises, the Regulation on the spending and use of Funds for tax agencies in direct management of enterprises at the same time as submitting the report on the deduction and use of the Fund in the first set-up period as prescribed in Clause 2, Article 10 of the Decree No. 95/2014/ND-CP dated October 17, 2014 of the Government regulating on the investment and financial mechanism for scientific and technological activities.

- To report on the setting up, transfer and use of the Fund sent to the agencies as prescribed in Clauses 1 and 4, Article 11 of the Decree No. 95/2014/ND-CP.

- To cooperate with state management agencies in inspecting and examining the management and use of the Fund in accordance with law.

The enterprise's science and technology development fund is used for the following tasks:

- The expenses for performing science and technology (S&T) tasks, including national, ministerial, provincial and S&T tasks.

- The expenses to support S&T development of enterprises, including: equipping physical and technical foundations for S&T activities of enterprises; purchasing the rights to use and own the technological know-how, technological process, technical drawings and diagrams; purchasing machinery and equipment for technological innovation directly serving production and business activities; the expenses on training S&T human resources of enterprises; …

- The expenses for the performance of technological transfer activities, including: the expenses for the implementation of projects in industries and trades eligible for investment incentives, investment areas; the expenses on investment, reciprocal investment capital for innovation, technological innovation start-ups; purchasing and importing samples;...

- The expenses for the contents directly serving the Fund management activities: salary and social insurance, unemployment insurance, health insurance and contributions to staff directly serving the Fund management activities according to regulations; allowances for part-time officials; office rental expenses;...

The State enterprise has deducted from the Fund according to the provisions of the tax law, if the Fund is not used or not used up by 70% of the set aside, including the transfer (if any) within 5 years from the year of setting aside or receiving transfer, a part of the unused or underused Fund must be remitted to the National Science and Technology Development Fund and the funds of ministries and localities, the amount paid to the National Science and Technology Development Fund and the funds of ministries and localities is determined to be at least 20% of the set aside fund that is unused or not used up to 70% of the set aside, including transfer (if any). The amount of money set aside for the Fund and the amount used by the Fund are specified in the tax law.

This Circular takes effect from June 1, 2022 and applies to the use of the Science and Technology Fund at enterprises from the corporate income tax period of 2022.

The Article 2, Article 3, Article 5, Article 6, Article 7, Article 8, Article 9, Article 10, Article 11, Article 15 and Form No. 01 of the Appendix issued together with the Joint Circular No. 12/2016/ TTLT-BKHCN-BTC dated June 28, 2016 of the Minister of Science and Technology and the Minister of Finance guiding the contents of spending and managing the enterprise's science and technology development fund expire from effective date of this Circular.

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