State registration of RTD projects in the Republic of Belarus
In accordance with the Decree of the President of the Republic of Belarus dated May 25, 2006 No. 356 “On State Registration of Research, Development and Development Works”, state registration of research, development and development works (hereinafter referred to as R&D ), as well as maintaining the state register and organizational and technical support for the use of information resources of the state register is carried out by the State Organization "Belarusian Institute for System Analysis and Information Support of the Scientific and Technical Sphere" (hereinafter — SO "BelISA").
According to subparagraph 20.1¹.1, the state registration of R&D is included in the list of administrative procedures approved by the Decree of the Council of Ministers of the Republic of Belarus dated September 24, 2021 No. 548 “On administrative procedures carried out in relation to business entities” (as amended by the Decree of the Council of Ministers of the Republic of Belarus dated March 25, 2022 No. 174).
The regulation of the administrative procedure under subparagraph 20.1¹.1 "State registration of research, development and development work", approved by the Resolution of the State Committee on Science and Technology dated 01.04.2022 No. 3 "On approval of the regulation of the administrative procedure" (hereinafter — Regulations) (registration number 8/37883).
The administrative procedure* is carried out on the basis of an application for state registration of R&D in the form in accordance with Appendix 1 of the Regulations.
The following document must be attached to the application**:
– a registration card for the work performed, in accordance with Appendix 2 of the Regulations in Russian or in accordance with Appendix 3 of the Regulations in Belarusian;
— a copy of the contract for the performance of work or copies of other documents (in the absence of a contract), including administrative ones, which are the basis for the performance of work and determine the relationship between the executing organization and the customer;
– technical (scientific) task or feasibility study of the work; work schedule;
– a copy of the conclusion of the departmental scientific and technical council and (or) the state expert council, confirming that the departmental scientific and technical and (or) state scientific, and (or) state scientific and technical examinations have been carried out in accordance with the established procedure.
The grounds for refusal to accept the application of the interested person are specified in Art. 17 of the Law of the Republic of Belarus dated October 28, 2008 No. 433-Ç “On the Basics of Administrative Procedures” (hereinafter referred to as the Law), as well as in part 3, clause 4 of the Regulations on the procedure for state registration of research, development and development projects works "(hereinafter — the Regulation), approved by the Decree of the President of the Republic of Belarus dated May 25, 2006 No. 356.
The grounds for refusal to carry out an administrative procedure are specified in Art. 25 of the Law, as well as in part 4, clause 6 of the Regulation.
The legislation of the Republic of Belarus provides for exemption from value added tax on turnovers for the implementation of R&D in the territory of the Republic of Belarus, registered in the state register in the manner determined by the President of the Republic of Belarus ( clause 1.23, article 118 of the Tax Code of the Republic of Belarus ).
The date of state registration of the work is the date of adoption by the State Organization "BelISA" of the decision to include it in the state register.
State Organization "BelISA" within five working days after the state registration of the work sends a notification to the executing organization about the inclusion of the work in the state register in the form approved by the Regulations.
In the event of the termination of the performance of the registered work, the executing organization is obliged, within a month from the date of its termination, to notify BelISA in writing, indicating the registration number, the name of the work, the result achieved, the reason for the termination, and attach a copy of the decision to terminate the work (decision of the state body or other organization, agreement with the customer, order or other decision of the head of the executing organization).
When changing the name of a registered work, the executing organization, within a month from the date of making such changes, sends documents ** to the State Organization "BelISA" indicating the state registration number of the work, the name of which is being changed. This work goes through the above procedures and is included in the state register under a new registration number, and the previous number is cancelled.
After the completion (termination) of the registered work, the executing organization, within two months from the date of approval of the reporting documents on it, is obliged to send an information card to BelISA in the form approved by the State Committee for Science and Technology.
The information card is accompanied by duly executed and approved by the head of the implementing organization:
– report on research work;
— an explanatory note to the development and development work or a technical report (if its development is provided for by the terms of reference);
— a document confirming the acceptance of the work;
— advertising and technical descriptions of scientific and technical products in the form approved by the State Committee for Science and Technology.
SO "BelISA", having received the information card and the documents attached to it, within twenty days enters the relevant information into the state register and sends (issues) to the executing organization a certificate on the inclusion of the details of the information card and the documents attached to it into the state register.
In case of non-submission of reporting documents by the executing organization within two months after the expiration of the scheduled completion date, BelISA sends it a letter of notification about the need to submit them. If the relevant documents are not submitted within a month from the date of sending the notification letter, the work is subject to exclusion from the state register. On the exclusion of work from the state register, SO "BelISA" informs in writing the executing organization and the organization in charge of it, as well as the tax authorities at the location of the executing organization.
In the " Regulatory Documents " section, you can familiarize yourself with the regulatory and methodological documents governing the state registration process, fill out forms of registration documents.
The section "Instructions for filling out documents ” contains guidelines for filling out a registration card, an information card, an organization’s registration card, an advertising and technical description of scientific and technical products, as well as the rules for transferring electronic copies of documents to BelISA.