In response to the increasing demand for environmental protection and sustainable development, scientific research and technological application in the environmental sector are playing an increasingly important role. The establishment of environmental research institutes not only facilitates research, development, and technology transfer activities but also contributes to providing a scientific basis for environmental management and the protection of natural resources and the environment.

To ensure that an environmental research institute is organized and operates in accordance with regulations, organizations and individuals wishing to establish one must satisfy the legal requirements for science and technology organizations while fully completing operational registration procedures with competent authorities. Key requirements regarding personnel, facilities, fields of activity, and registration dossiers require special attention during preparation.

In this article, Hong Bang Law Firm will provide detailed information on the conditions, required documents, and procedures for establishing an environmental research institute under current regulations, thereby assisting organizations and individuals in proactively preparing their applications and carrying out the procedures in compliance with the law.

LEGAL BASIS

• Law on Science, Technology and Innovation 2025;
• Decree No. 262/2025/ND-CP detailing and guiding the implementation of a number of articles of the Law on Science, Technology and Innovation regarding information, statistics, assessment, digital transformation, and other general matters;
• Decree No. 267/2025/ND-CP detailing and guiding the implementation of a number of articles of the Law on Science, Technology and Innovation regarding science, technology and innovation programs and tasks, and certain measures to promote scientific research, technological development and innovation activities;
• Circular No. 24/2025/TT-BKHCN promulgating the Classification Table of Science and Technology Fields;
• Circular No. 36/2025/TT-BKHCN providing the framework for formulation, appraisal and management of science, technology and innovation programs; consideration of funding, ordering, contract execution, organization and implementation, and evaluation of science, technology and innovation tasks;
• Circular No. 03/2014/TT-BKHCN guiding the conditions for establishment and registration of operations of science and technology organizations, representative offices and branches of science and technology organizations;
• Circular No. 15/2023/TT-BKHCN amending and supplementing a number of provisions of Circular No. 32/2011/TT-BKHCN and Circular No. 03/2014/TT-BKHCN;
• Circular No. 18/2025/TT-BKHCN amending and supplementing a number of provisions of Circular No. 03/2014/TT-BKHCN guiding the conditions for establishment and registration of operations of science and technology organizations, representative offices and branches of science and technology organizations, as amended and supplemented by Circular No. 15/2023/TT-BKHCN;
• Circular No. 44/2025/TT-BKHCN on the management of science and technology tasks funded or ordered by the Ministry of Science and Technology;
• Other relevant legal documents currently in force.

CONDITIONS FOR ESTABLISHMENT

• First, regarding the Charter and organizational structure. The Institute must have a Charter specifying its name; objectives; functions and duties; fields of operation; organizational structure; rights and obligations; management and administration mechanisms; and conditions for division, separation, merger, and dissolution. The name of the Institute must not be identical or confusingly similar to that of another lawfully operating organization and must not infringe intellectual property rights. The Institute must have its head office in Vietnam, with a specific address, and its head must be its legal representative.
• Second, regarding the field of operation. The Institute’s field of operation must be determined according to Level-2 codes of the Classification Table of Science and Technology Fields. For an environmental research institute, the relevant environmental fields should be accurately selected and registered from the outset, as this directly affects the requirements concerning doctoral-level personnel.
• Third, regarding personnel. The Institute must have:
  • At least 05 persons holding university degrees or higher and working full-time;
  • Of these, at least 30% must possess professional qualifications relevant to each registered field of operation;
  • Since the Institute is a scientific research organization or a scientific research and technological development organization, it must have at least 01 full-time doctoral-level person with relevant professional qualifications for each registered field.
• Fourth, regarding the Director of the Institute. The Director must hold a university degree or higher and possess appropriate professional competence and management experience. For a non-public institute, Decree No. 262/2025/ND-CP does not require the Director to hold a doctoral degree; the requirement that the Director hold a doctoral degree applies separately to public science and technology institutes.
• Fifth, regarding facilities and technical infrastructure. The Institute must have lawful ownership or use rights over its head office, laboratories, equipment, intellectual property assets, and other technical facilities necessary to perform its registered functions and duties.
• Sixth, regarding the founding entity. Enterprises, organizations, or individuals may establish their own science and technology organizations. Accordingly, for a wholly Vietnamese-owned non-public institute, the founding entity may independently decide to establish the Institute provided that all statutory conditions are satisfied, and subsequently carry out the registration procedures for the science and technology organization.

PROCEDURES

Step 1: Preparation of establishment conditions

The establishment conditions specified above must be prepared, including those relating to the Charter and organizational structure; field of operation; personnel; Director of the Institute; facilities and technical infrastructure; and founding entity.

Step 2: Issuance of the Decision on Establishment of the Institute

Based on the prepared conditions, the competent founding entity shall issue the Decision on Establishment of the Environmental Research Institute in accordance with applicable regulations.

Step 3: Approval of the Charter and appointment of the Director

The Charter on the organization and operation of the Institute shall be finalized and approved, and the Director of the Institute shall be appointed.

Step 4: Submission of the application for registration of the science and technology organization

The application shall be submitted directly or by post to the provincial Department of Science and Technology in accordance with its competence.

REQUIRED DOCUMENTS

• Application for registration of a science and technology organization according to Form No. 07 in Appendix I issued together with Decree No. 262/2025/ND-CP: original;
• Decision on Establishment of the Institute: copy;
• Decision on appointment of the head of the Institute: 01 copy; Scientific curriculum vitae of the head of the Institute according to Form No. 08 in Appendix I: original;
• Charter on the organization and operation approved by the founding agency, organization, or individual, prepared according to Form No. 09 in Appendix I: original;
• Documents proving compliance with personnel requirements, including the Personnel List according to Form No. 04 in Appendix I: original;
• Documents proving compliance with requirements concerning facilities and technical infrastructure, including the Declaration of Facilities and Technical Infrastructure according to Form No. 10 in Appendix I: original;
• Documents proving the head office: Documents evidencing the Institute’s ownership of the premises or land use rights; or a lease or loan-for-use agreement together with documents evidencing the ownership of the premises, land use rights, or the lessor’s/lender’s right to lease or lend the premises. The form of such documents shall comply with the applicable dossier requirements and the requirements of the competent authority.

COMPETENT AUTHORITY: The provincial Department of Science and Technology, within its provincial-level jurisdiction.

PROCESSING TIME: No more than 13 working days from the date of submission of a complete and valid application, including no more than 05 working days for checking the completeness and validity of the application. Once the application is deemed valid, the time limit for processing the application for issuance of the Certificate of Registration of the Science and Technology Organization is 08 working days from the date of receipt of the complete and valid application.

Note: The Institute must complete its registration within 60 days from the date of establishment.

The above is the complete article prepared by us regarding the procedures for establishing an environmental research institute. Should you require further detailed legal advice or information on how to access this service, please contact Lawyer Nguyen Duc Trong directly via hotline: 0912.35.65.75, or submit your service request via email: lawyer@hongbanglawfirm.com.

We wish you and your family good health, peace and success!

Best regards!