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NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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Law No.
29/2013/QH13
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Hanoi, June
18, 2013
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LAW
SCIENCE AND TECHNOLOGY
Pursuant to the Constitution of the Socialist Republic of Vietnam in
1992 with a number of articles being amended, supplemented according to
Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Science and Technology.
Chapter I
GENERAL PROVISIONS
Article 1. Governing scope
This Law regulates organizations, individuals participating in science and
technology activities; conduct and implementation of science and technology;
measures to ensure scientific and technological development; state
administration on science and technology.
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This Law applies to organizations, individuals involved in science and
technology activities in Vietnam.
Article 3. Interpretation of terms
In this Law, some terms are construed as follows:
1. Science refers to a system of knowledge about nature, laws on
existence and development of things, natural and social phenomena, and
thinking.
2. Technology refers to solutions, processes, techniques
accompanied or not accompanied by tools, means used to change resources into
products.
3. Science and technology activities refer to activities of
scientific research, research and experimental development, technological
development, technology applications, scientific and technological services, promoting
innovation and creativity for scientific and technological development.
4. Scientific research refers to activities of discovering,
detecting and understanding nature, laws of things, natural phenomena,
societies and thinking, seeking innovative solutions for application in
practice.
5. Fundamental research refers to research activities aimed to
discover nature and law of things, natural phenomena, societies and thinking;
6. Applied research refers to research activities applying findings
from scientific research to create new technology, innovate technology for the
benefit of people and societies.
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8. Experimental development refers to the application of findings
from scientific research and technological development to create new
technological product in the form of samples.
9. Trial production refers to the application of findings from
experimental development for trial production in order to complete new
technology and product before putting into production and life.
10. Scientific and technological services refer to services and
technical supports for scientific research and technological development;
activities relating to intellectual property, technology transfers, technical
regulations and standards, measurements, product and goods quality, nuclear and
radiation safety and atomic energy; services of communications, consultancy,
training, dissemination and application of scientific and technological
achievements in socio-economic areas.
11. Scientific and technological organizations refer to
organizations that mainly function in scientific research, technological
development research, scientific and technological service activities, being
established and operate according to laws.
12. Individuals involved in science and technology activities refer
to persons carrying out science and technology activities.
13. Science and technology tasks refer to scientific and
technological issues that need to be resolved to meet practical requirements
for socio-economic development, ensuring National defense and security,
scientific and technological development.
14. Placement of order for implementation of science and technology
tasks means the person who places the order (hereinafter referred to as
'the buyer') shall provide requirements for scientific and technological
products, provide expenditures to organizations, individuals involved in
science and technology activities to create scientific and technological
products through a contract.
15. Infrastructure for scientific and technological development refers
to material and technical bases of scientific and technological organizations;
standard measurement system, key laboratories; hi-tech zones, hi-tech
agricultural zones, technology incubators, science and technology business
incubators; infrastructure of science and technology statistical information.
16. Innovation refers to the creation, application of achievements,
technical, technological and management solutions to enhance the efficiency of
socio-economic development, increase productivity, quality and added value of
products and goods.
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1. Construct arguments for socialism and the path toward socialism in
Vietnam; construct scientific foundations for setting guidelines, policies and
laws on socio-economic development, ensuring National defense and security;
contribute toward the construction of advanced education and Vietnamese people;
Inherit and promote values of traditional history, national culture, open to
the essence of humanity culture and contribute to cultural and scientific treasures
of the world;
2. Increase scientific and technological capability to master
state-of-the-art technology, high technology, advanced management method; make
appropriate use of natural resources, protect the environment and human health;
make early forecasts, prevention, control, and remedy for natural disasters;
3. Be open to global scientific and technological achievements to create
and apply new technology effectively; create highly competitive products;
develop science and technology in Vietnam to reach advanced level in the
region, and further to the world, serve as solid foundations for the
development of modern industrial branches; strengthen dissemination and
application of scientific and technological achievements to production and
life;
Article 5. Principles of science and technology
activities
1. Originate from practical needs for socio-economic development, national
defense and security and scientific and technological development;
2. Construct and promote endogenous capacities of science and technology
in combination with selective acquisition of global scientific and
technological achievements in accordance with reality in Vietnam;
3. Ensure freedom in creation and promotion of democracy in science and
technology activities for the development of the country;
4. Be honest, objective and heighten professional ethics, self-control and
self-responsibility;
5. Ensure safety for lives, human health and environmental protection;
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The State shall implement following policies to ensure scientific and
technological development is the top national policy:
1. Prioritize and gather all national resources for scientific and
technological development; apply preferential treatment and incentives
consistently to promote central role and driving force of science and
technology for socio-economic development, ensuring National defense and
security, environmental protection and improvement of the quality of people's
life;
2. Develop areas of social sciences and humanities, natural science,
technical and technological science consistently; attach the tasks of
scientific and technological development to the tasks of socio-economic
development, ensuring National defense and security; pave the way for the
formation and development of knowledge economy;
3. Step up research and application of achievements of advanced and modern
science and technology, research to master and create new technologies with the
aim of innovating and improving technological level and competitiveness of the
products;
4. Focus efforts on the investment and construction of material and
technical bases with much importance attached to the areas of science and
technology of priority and national importance; apply preferential treatment
and incentives for development, training, attraction and effective employment
of human resources;
5. Create favorable conditions for the development of scientific and
technological market;
6. Encourage and create favorable conditions for businesses to make
investment in science and technology activities, innovate and improve
technological levels;
7. Encourage and create favorable conditions for scientific and
technological associations, socio-political organizations, social
organizations, socio—occupational organizations to participate in consultancy,
social counter-arguments and science and technology activities;
8. Be actively involved in international integration on science and
technology; increase national position in terms of science and technology in
the region and in the world;
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Vietnam Science and Technology Day is May 18.
Article 8. Prohibited acts
1. Take advantage of science and technology activities to invade interests
of the State, lawful rights and interests of organizations, individuals; cause
damage to natural resources and environment, human health;
2. Invade intellectual property rights; appropriate, assign and transfer
scientific and technological results illegally;
3. Disclose documents and scientific and technological results that belong
to the list of state secrets; practice deception and falsification in science
and technology activities;
4. Hinder lawful science and technology activities by organizations and
individuals;
Chapter II
SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS
Section 1. ESTABLISHMENT, RIGHTS AND OBLIGATIONS OF
SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS
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1. Manners of scientific and technological organizations:
a) Organizations of scientific research and technological development are
organized in the form of academies, institutes, centers, laboratories, research
stations, monitoring stations, testing stations and other forms as stipulated
by the Minister of Science and Technology;
b) Higher education institutions are organized according to the Law on
Higher Education;
c) Organizations of scientific and technological services are organized in
the form of centers, offices, laboratories and other forms as stipulated by the
Minister of Science and Technology;
2. scientific and technological organizations are classified as follows:
a) According to the authority for establishment, scientific and
technological organizations comprise types of organizations as prescribed in
Clause 1, Article 12 hereof;
b) According to prescribed functions, scientific and technological
organizations comprise basic research organizations, applied research
organizations, scientific and technological service organizations;
c) According to ownership manner, scientific and technological
organizations comprise public scientific and technological organizations,
non-public scientific and technological organizations, foreign-invested
scientific and technological organizations;
Article 10. Master plan for network of public
scientific and technological organizations
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2. Establishment of the master plan should be in compliance with following
principles:
Establishment of the master plan should be consistent and appropriate to
requirements for scientific and technological development and socio-economic
development, national defense and security;
b) Attach scientific and technological organizations to training
institutions and organizations for application of findings from scientific
research and technological development;
c) Ensure the objectives for improving national scientific and
technological capability are achieved with much importance attached to the
areas of science and technology directly serving the tasks of socio-economic
development, national defense and security;
d) Ensure effective use of resources of the State, step up private sector
involvement in scientific and technological development, especially in the
areas of scientific and technological of priority and importance;
Article 11. Requirements for establishment and
registration for operation of science and technology activities
1. Requirements for the establishment of scientific and technological
organizations are as follows:
Have a charter for organization and operation, objectives and guidelines
in accordance with laws;
b) Human resources, material and technical bases meet requirements for
implementation of objectives, guidelines and the Charter for organization and
operation;
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In case the Ministry of Science and Technology establishes affiliated
scientific and technological organizations, the Minister of Science and
Technology shall establish the interdisciplinary council for to perform
assessment.
3. The establishment of foreign-invested scientific and technological
organizations should accord with provisions as prescribed in Clause 1, this
Article and meet following requirements:
Purposes, contents and areas of operation should accord with laws,
requirements for scientific and technological development and socio-economic
development in Vietnam;
b) The establishment should be approved by the Minister of Science and
Technology;
c) Be headquartered in localities under permission of People’s Committees
of central-affiliated cities and provinces (hereinafter referred to as ‘People’s
committees of provinces’);
4. Scientific and technological organizations should register operations
with relevant state administration agencies and be granted the operation
registration certificate.
5. The Government shall detail conditions for establishment, authority,
sequence and procedures on registration of operation with scientific and
technological organizations;
Article 12. Authority, sequence, procedures on
establishment, merger, division, separation, dissolution of scientific and
technological organizations
1. Authority for establishment of scientific and technological
organizations is stipulated as follows:
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b) The Government shall establish scientific and technological
organizations that belong to the Government.
c) The Supreme People’s Court shall establish scientific and technological
organizations that belong to the Supreme People’s Court.
d) The Supreme People’s Procuracy shall establish scientific and
technological organizations that belong to the Supreme People’s Procuracy;
dd) The Prime Minister shall establish or empower ministers, heads of
ministerial-level agencies, Governmental agencies to establish scientific and
technological organizations that belong to ministries, ministerial-level
agencies, Governmental agencies;
e) Ministers, heads of ministerial-level agencies, Governmental agencies
shall establish scientific and technological organizations that belong to
ministries, ministerial-level agencies, Governmental agencies unless otherwise
as regulated in Point dd, this Clause;
g) People’s committees of provinces shall establish scientific and
technological organizations in localities within competence;
h) Political organizations, socio-political organizations, social
organization, socio-occupational organizations shall establish scientific and
technological organizations according to laws and the Charter;
Other businesses, organizations and individuals shall establish scientific
and technological organizations of their own.
2. Agencies, organizations, and individuals that establish scientific and
technological organizations shall be entitled to make decisions on merger,
division, separation and dissolution of scientific and technological
organizations; stipulate functions, duties of scientific and technological
organizations in accordance with laws;
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Article 13. Rights of scientific and technological
organizations
1. Exercise self-control and self-responsibility for science and
technology activities in the licensed areas; Public scientific and
technological organizations shall be structured in terms of personnel by the
State.
2. Register for participation in recruitment or directly tasked with
implementing science and technology tasks; sign science and technology
contracts; train human resources, talented persons in science and technology;
3. Establish scientific and technological organizations, businesses or
affiliated scientific and technological businesses, representative offices,
branches at home and abroad for science and technology activities as prescribed
hereof and other relevant law provisions;
4. Form a partnership, joint-venture, receive aids, grants from
organizations, individuals; contribute capital in cash, assets, intellectual
property rights for science and technology activities , production and business
according to laws;
5. Have intellectual property rights protected; transfer results of
science and technology activities according to laws on intellectual property
and technology transfer;
6. Announce results of science and technology activities according to the
Law on Journalism, the Law on Publishing and other law provisions;
7. Provide consultancy, make proposals for the establishment of policies,
laws, plans for socio-economic development, plans for scientific and
technological development of the State to competent agencies;
8. Participate in activities of international integration on science and
technology;
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Article 14. Obligations of scientific and
technological organizations
1. Register science and technology activities; perform science and
technology activities according to the areas as prescribed in the operation
registration certificate;
2. Undertake signed science and technology contracts, science and
technology tasks assigned by competent organizations;
3. Exercise democracy, equality and public disclosure in the use of
budgets and undertake science and technology tasks;
4. Ensure budgets for regular fundamental scientific research activities
within functions; use budgets for investment in scientific and technological as
prescribed by laws;
5. Register, store and transfer findings from state budget-based
scientific research and technological development;
6. Implement statistical reporting on science and technology;
7. Protect interests of the State and societies, lawful rights and
interests of individuals involved in science and technology activities in
organizations; keep state secrets on science and technology;
Article 15. Foreign scientific and technological
organizations’ representative offices, branches in Vietnam
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2. The establishment of foreign-invested scientific and technological
organizations should accord with provisions as prescribed in Clause 1, this
Article and meet following requirements:
Be a legal scientific and technological organization of international
organizations, country or territory where such organization is established or
operates;
b) Meet requirements as prescribed in Clause 3, Article 11 hereof;
c) Operate in the areas of scientific and technological demanded by
Vietnam;
d) Be committed to complying strictly with laws of Vietnam and
International Agreement to which Vietnam is a signatory;
3. Vietnam representative office establishment certificates should be
granted by the Minister of Science and Technology with validity period no more
than five years.
4. Representative offices, branches of foreign scientific and
technological organizations shall perform science and technology activities
stated in establishment licenses and exercise rights and obligations as
prescribed hereof and other relevant law provisions;
5. The Government shall detail conditions, sequence and procedures on the
establishment of representative offices, branches in Vietnam by foreign
scientific and technological organizations;
Section 2. ASSESSING AND RANKING SCIENTIFIC AND
TECHNOLOGICAL ORGANIZATIONS
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1. Assessment of scientific and technological organizations refers to use
of professional knowledge and competence to determine capacities and
operational efficiency of scientific and technological organizations.
2. Assessment of scientific and technological organizations is aimed at
following purposes:
Create foundations for ranking scientific and technological organizations;
b) Support activities of planning policies on scientific and technological
development and the master plan for a network of scientific and technological
organizations;
c) Serve as foundations for recruitment to organizations that preside over
the implementation of science and technology tasks, state budget-based
investment preferential policies, provision of loans, sponsorship and loan
guarantee…
3. Assessment and ranking of scientific and technological organizations
are carried out according to following principles:
Have appropriate assessment methods, criteria;
b) Independence, equality, honesty, objectivity and lawfulness;
c) Results of assessment and ranking should be publicly announced.
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1. Public scientific and technological organizations should be assessed
for serving State administration.
2. Assessment of scientific and technological organizations serving State management
shall be conducted by State administration agencies or an independent assessing
organization.
3. Assessment of scientific and technological organizations is based on
criteria and assessment methods stipulated by the Minister of Science and Technology
for each type of scientific and technological organizations.
Article 18. Independent assessment organizations
1. Organizations, individuals that have legal capacities are eligible for
assessing and ranking scientific and technological organizations according to
this Law and other relevant law provisions;
2. Assessment and ranking of scientific and technological organizations
should be in compliance with the principles as prescribed in Clause 3, Article
16 hereof.
3. Organizations, individuals performing assessment and ranking shall be
responsible for the results of assessment and ranking.
Chapter III
INDIVIDUALS INVOLVED IN SCIENCE AND TECHNOLOGY
ACTIVITIES, DEVELOPMENT OF HUMAN RESOURCES IN SCIENCE AND TECHNOLOGY
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1. Scientific research titles refer to the names that express scientific
research levels and capacities of individuals involved in the areas of science
including research assistants, researchers, high-ranking researchers.
Individuals who are involved in science and technology activities and
participate in teaching and training at higher and postgraduate education shall
be considered for appointment as professors or associate professors. Procedures
on consideration for appointment are instructed in the Law on Higher Education;
2. Technological titles refer to the names that show scientific research
levels and capacities of individuals involved in the areas of science including
research assistants, researchers, high-ranking researchers.
The Government shall detail technological titles and procedures on
recognition and appointment of scientific research titles and technological
titles.
3. Persons who have obtained doctorate degrees or had excellent scientific
and technological research works, or won top prize for science and technology
shall be recognized and appointed to scientific research titles, technological
titles of higher rank regardless of work period.
4. Ministry of Home Affairs shall preside over and cooperate with the
Ministry of Science and Technology, relevant ministries, ministerial-level
agencies in stipulating the lists, standards and codes of scientific research
titles and technological titles.
Article 20. Rights of individuals involved in science
and technology activities
1. Have freedom for creation and equality in science and technology
activities;
2. Do on one’s own or cooperate with other organizations, individuals in
science and technology activities, signing science and technology contracts;
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4. Establish scientific and technological businesses, scientific and
technological organizations in a number of fields according to the Government’s
regulations;
5. Register for participation in recruitment or directly tasked with
implementing science and technology tasks;
6. Have intellectual property rights protected; transfer results of
science and technology activities according to laws on intellectual property
and technology transfer;
7. Announce results of science and technology activities according to the
Law on Journalism, the Law on Publishing and other law provisions;
8. Contribute capital in cash, assets, intellectual property rights for
science and technology activities, production and business according to laws;
receive sponsorship for science and technology activities according to laws;
9. Provide consultancy, propose suggestions for the establishment of
policies, laws, plans for socio-economic development, plans for scientific and
technological development of the state to competent agencies; plans for
scientific and technological development of the scientific and technological
organization of which one is the member;
10. Participate in scientific and technological organizations, scientific
and technological associations; participate in activities of training,
consulting, scientific and technological conferences, seminars; participate in
activities of international cooperation on science and technology;
11. Be recognized, appointed to titles as prescribed in Article 19 hereof;
12. Be entitled to commendation, preferential treatment, supports
according to laws;
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1. Contribute intelligence and talents to the cause of scientific and
technological development, socio-economic development, national defense and
security;
2. Implement signed science and technology contracts;
3. Implement science and technology tasks assigned by competent agencies,
organizations;
4. Register, store and transfer findings from state-funded scientific
research and technological development;
5. Keep state secrets on science and technology, protect interests of the
State and societies;
Article 22. Training for human resources and talents
involved in science and technology
1. Based on the master plan for development of national human resources,
the Minister of Science and Technology shall grant approval for the master plan
for development of scientific and technological human resources at the proposal
of ministries, ministerial-level agencies, Governmental agencies, People’s
committees of provinces and other regulatory agencies.
2. The Ministry of Education and Training shall preside over and cooperate
with the Ministry of Science and Technology, relevant ministries in organizing
higher and postgraduate training; Seek talents and train science and
technology-related human resources with much importance attached to
highly-qualified human resources for the areas of priority and great
importance.
3. The Ministry of Science and Technology shall preside over and cooperate
with relevant agencies and organizations in organizing training to heighten
professional qualifications and competence in science and technology for
science and technology teams across the country.
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5. Budgets for organizing training for human resources as prescribed in
Clause 2, this Article shall be guaranteed by state budget. Budgets for
organizing training in professional qualifications and competence as prescribed
in clause 3, this Article shall be derived from non-business expenditures for
science and technology activities.
6. The Government shall detail this Article.
Article 23. Preferential treatment for use of human
resources and talents in science and technology
1. Persons who are appointed to scientific research titles, technological
titles shall be entitled to following preferential treatment:
Be placed in a working position with salary and allowances in line with
profession and qualification in the public scientific and technological
organization;
b) Be entitled to tax incentives as prescribed in Article 64 hereof;
c) Be entitled to adequate working equipment and working conditions more
favorable than cadres and public servants and meeting requirements for
implementation of science and technology tasks assigned;
d) Be exempted from civil liability in the event of damage or risk caused
to the State during the implementation of science and technology tasks for some
objective reason if all procedures and regulations are fulfilled;
2. Leading scientists shall be entitled to following preferential
treatment in addition to incentives as prescribed in Clause 1, this Article:
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b) Establish excellent research group in the field of expertise of one’s
own and be granted expenditures for operation of such group;
c) Propose, participate in the construction, assessment and criticism for
policies of industries, areas and the country on scientific and technological
development;
d) Be entitled to preferential allowances according to the Government’s
regulations;
e) Receive financial assistance for participation in scientific
conferences, workshops at home and abroad on the areas of expertise;
3. Scientists who are tasked with presiding over national science and
technology tasks of special importance shall be entitled to following
preferential treatment in addition to incentives as prescribed in Clause 1,
this Article:
Receive salaries and incentive allowances as agreed with regulatory
agencies that assign the duties; Be granted official residences, travel
vehicles for public services during the performance of the assignments;
b) Make proposals for mobilization of science and technology human
resources, budgets for implementation of the tasks and material and financial
resources to ensure the implementation;
c) Employ experts at home and abroad; negotiate costs for the employment
of experts; make decisions on acquisition of patents, designs, technical
documents and technological know-how serving the tasks within allocated budget
estimates;
d) Receive financial assistance for participation in scientific
conferences, workshops at home and abroad on the areas of expertise;
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4. Talented young scientists shall be entitled to following preferential
treatment in addition to incentives as prescribed in Clause 1, this Article:
Have priority in domestic and overseas scholarship considerations;
b) Establish excellent research group in one’s field of expertise and be
granted expenditures for operation of this group;
c) Have priority in presiding over and participating in the implementation
of other science and technology tasks;
d) Receive financial assistance for participation in scientific
conferences, workshops at home and abroad on the areas of expertise;
5. The Government shall detail this Article.
Article 24. Attraction of overseas Vietnamese and foreign
experts working in the areas of science and technology
1. Overseas Vietnamese and foreign experts working in the areas of science
and technology are encouraged to participate in science and technology
activities in Vietnam.
2. During the time of working in Vietnam, overseas Vietnamese who work in
the areas of science and technology shall have the rights and obligations as
prescribed in Articles 20 and 21 hereof and be entitled to following
preferential treatment:
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b) Be entitled to expert salaries according to the Government’s
regulations;
c) Be entitled to preferential treatment for entry and exit, residence,
housing and other incentives as prescribed;
3. Foreign experts shall be encouraged to participate in science and
technology activities in Vietnam and entitled to following preferential
treatment:
Employed as leader of a scientific and technological organization; tasked
with presiding over the implementation of science and technology tasks;
b) Be entitled to preferential treatment for entry and exit, residence,
housing and other incentives as prescribed;
c) Be entitled to expert salaries according to the Government’s
regulations and other incentives according to the contract;
4. Overseas Vietnamese and foreign experts who have made significant
contributions toward the cause of scientific and technological development in
Vietnam shall be honored by the State, commended and awarded prizes for science
and technology in Vietnam.
5. The Government shall detail this Article.
Chapter IV
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Section 1. DETERMINATION OF SCIENCE AND TECHNOLOGY
TASKS
Article 25. Science and technology tasks
1. Science and technology tasks are organized in the form of programs, topics,
projects and research tasks according to functions of scientific and
technological organizations and other forms.
2. Science and technology tasks using the State budget are composed of
science and technology tasks at national, ministerial, provincial and
grassroots levels as prescribed in Article 27 hereof.
Science and technology tasks at national, ministerial and provincial
levels must be implemented in the form of order placement.
3. The State shall encourage and create favorable conditions for organizations,
individuals to propose scientific ideas and science and technology tasks.
The Government shall define criteria for determination of science and
technology tasks at all levels in accordance with each development period and
the areas of science and technology; measures to encourage proposals for
scientific ideas, science and technology tasks;
Article 26. Proposals for science and technology
tasks
1. Making proposals for science and technology tasks using state budget
are prescribed as follows:
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Ministries, ministerial-level agencies, Governmental agencies, People’s
committees of provinces and central agencies shall organize collection of
suggestions on determination of science and technology tasks and make public
announcement of order placement corresponding to their own levels and send
proposals for order placement for science and technology tasks at national
level to the Ministry of Science and Technology;
b) The Ministry of Science and Technology shall be responsible for
compiling proposals for order placement, organizing collection of suggestions
on science and technology tasks at national level and making public
announcement;
c) The Minister of Science and Technology, on its own or at the request of
the Government, the Prime Minister, shall propose order placement for urgent
science and technology tasks at national level that have significant impacts on
socio-economic development of the country, national defense and security;
organize collection of suggestions on these tasks;
d) Collection of suggestions on determination of science and technology
tasks shall be carried out through the Consulting Council.
The Consulting Council and its powers are established and defined
respectively by heads of competent agencies, organizations Components of the
Consulting Council comprise reputable scientists, managers and entrepreneurs.
In case of need, heads of competent agencies, organizations are entitled to
collect suggestions from independent consultants before or after the Council
meeting. Members of the Council and independent consultants shall be
responsible for their consultancy.
2. Making proposals for science and technology tasks without the use of
state budget may refer to Clause 1, this Article.
3. The Minister of Science and Technology shall detail this Article.
Article 27. Authority for approval and execution of
contract for implementation of science and technology tasks
1. Authority for approval of science and technology tasks is prescribed as
follows:
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b) Ministries, ministerial-level agencies, Governmental agencies, central
agencies and People’s committees of provinces shall be responsible for granting
approval science and technology tasks at ministerial and provincial levels;
c) Organizations, individuals not prescribed in Points a and b, this
Clause shall grant approval of science and technology tasks at grassroots level
by themselves or make submission to competent agencies for approval as
prescribed.
2. Authority for execution of a contract for implementation of science and
technology tasks with organizations, individuals is prescribed as follows:
The Ministry of Science and Technology shall sign contracts for
implementation of science and technology tasks at national level;
b) Ministries, ministerial-level agencies, Governmental agencies, central
agencies and People’s committees of provinces shall sign contracts for
implementation of science and technology tasks at ministerial and provincial
levels;
c) Organizations, individuals as prescribed in Point c, Clause 1, this
Article shall sign contracts for implementation of science and technology tasks
at grassroots level.
3. Ministries, ministerial-level agencies, Governmental agencies, central
agencies and People’s committees of provinces shall be responsible for making
reports on approval and execution of contracts to the Ministry of Science and
Technology for compilation and putting in national science and technology
database.
Section 2. MANNERS OF IMPLEMENTATION OF SCIENCE AND
TECHNOLOGY TASKS
Article 28. Manners of implementation of science and
technology tasks
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2. Science and technology tasks without the use of state budget may be
implemented according to the manner as prescribed in Clause 1, this Article or other
methods selected by organizations, individuals.
Article 29. Selection of organizations, individuals
for implementation of state-funded science and technology tasks
1. Selection for implementation of science and technology tasks using
state budget is to determine organizations, individuals implementing science
and technology tasks and to ensure competitiveness, fairness and efficiency.
2. Science and technology tasks involving multiple organizations,
individuals should be assigned in the manner of selection in order to achieve
maximum efficiency.
3. State administration agencies for science and technology at all levels
should make public announcement of the list of science and technology tasks,
requirements and procedures on participation for selection on their websites or
other means of mass media;
4. Selection of organizations, individuals for the implementation of
science and technology tasks should ensure public disclosure, fairness,
democracy and objectivity; results of selection shall be made public on the
websites or other means of mass media.
5. Heads of state administration agencies for science and technology at
all levels shall establish the council for the selection of organizations,
individuals for the implementation of science and technology tasks and define
duties and authority of this Council.
The Council and its authority shall be established and defined
respectively by heads of state administration agencies for science and
technology at all levels. The Council shall provide consultancy and be
responsible for its consultancy. Components of the Council comprise reputable
and qualified scientists, managers and entrepreneurs. Members of the Council
should have capacity, personal morality and professional competence in
accordance with science and technology tasks and be responsible for their own
consultancy.
6. Heads of state administration agencies for science and technology at
all levels shall be responsible to the law for selecting organizations,
individuals for the implementation of science and technology tasks after
receiving consultancy from the Council. In case of need, heads of State
administration agencies for science and technology at all levels may collect
more suggestions from independent consultants before making decisions.
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Article 30. State-funded science and technology tasks
directly assigned
1. The State shall directly assign organizations, individuals to implement
science and technology tasks for one of following cases:
Science and technology tasks of national secrets, having special
characteristics for serving National defense and security;
b) Irregular science and technology tasks;
c) Science and technology tasks which only one scientific and
technological organization is suitably qualified to perform.
2. Heads of state administration agencies have the authority to make
decisions on the assignment of science and technology tasks as prescribed in
this Article after collecting suggestions from the Consulting Council and shall
be responsible for such assignment. Organizations, individuals tasked with
presiding over the tasks should have adequate appropriate capacity, conditions
and professional competence.
In case of need, heads of state administration agencies may collect more
suggestions from independent consultants before making decisions.
3. The Government shall detail this Article.
Article 31. Science and technology tasks sponsored,
loaned or guaranteed by science and technology funds
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Article 32. Forming associations for determination
and implementation of science and technology tasks
1. The state shall encourage and create favorable conditions for
scientific and technological organizations, scientists to associate with other
enterprises and organizations for determination and implementation of science
and technology tasks serving requirements for innovation and enhancement of
technological levels, productivity, quality and competitiveness of products,
goods.
2. Financial assistance from the State for the implementation of science
and technology tasks as prescribed in Clause 1, this Article is prescribed as
follows:
30% of the capital investment for projects owned by businesses that apply
findings from science and technology tasks for creation of new products or
enhancement of productivity, quality and competitiveness of products from the
findings from science and technology tasks; 50% of the capital investment for
projects carried out in difficult or extremely difficult socio-economic areas;
b) 50% of the capital investment for projects on implementation of national-level
science and technology tasks of priority and national importance;
3. The Government shall detail conditions, manners, sequence, procedures
and state subsidy level for science and technology tasks as prescribed in this
Article;
Section 3. SCIENCE AND TECHNOLOGY CONTRACT
Article 33. Classification of science and technology
contracts
1. Science and technology tasks, scientific and technological service
activities shall be carried out through a science and technology contract.
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Contract for scientific research and technological development;
b) Contract for technology transfers;
c) Contract for scientific and technological services;
3. The Minister of Science and Technology shall prescribe forms of the
contracts as prescribed in Point a, Clause 2, this Article.
Article 34. Rights and obligations of buyer under
contract for scientific research and technological development
1. The buyer under the contract for scientific research and technological
development shall have following rights:
Be the owner of findings from scientific research and technological
development unless otherwise as regulated in the contract;
b) Organize transfer of ownership or right of use of findings from
scientific research and technological development;
2. The buyer under the contract for scientific research and technological
development shall have following obligations:
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b) Organize acceptance testing for performance of order placement duties;
c) Receive and develop application or transfer of research findings after
acceptance;
d) Make payments to the buyer according to the contract.
Article 35. Rights and obligations of seller (party
that receives order placement) under contract for scientific research and
technological development
1. The seller under the contract for scientific research and technological
development shall have following rights:
Be entitled to the copyright on the findings from scientific research and
technological development;
b) Request the buyer to provide information and other necessary conditions
as agreed in the contract for the implementation of the contract;
c) Receive payment from the buyer for the implementation of the contract;
2. The seller under the contract for scientific research and technological
development shall have following obligations:
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b) Keep confidential for findings from scientific research and
technological development as agreed;
c) Do not transfer findings from scientific research and technological
development to others without consent of the buyer;
Article 36. Settlement of disputes in science and
technology contracts
1. The breaching party shall make compensations for damage caused and be
subject to handling according to laws;
2. Disputes under science and technology contracts shall be settled first
on the principle of reconciliation, direct negotiation between the parties. If
the disputes cannot be settled by the two parties, such disputes shall be
brought to court the arbitrator or court for final settlement.
Section 4. ASSESSMENT, ACCEPTANCE, REGISTRATION AND
STORAGE OF FINDINGS FROM SCIENCE AND TECHNOLOGY TASKS
Section 37. Assessment and acceptance of findings
from science and technology tasks
1. State-funded science and technology tasks, upon completion, should be
assessed and test for acceptance by relevant science and technology council in
an objective and accurate way. Persons who assign science and technology tasks
within competence (the assignor) shall make decisions on acceptance of the
findings from science and technology tasks. In case of need, the assignor may
collect more suggestions from independent consultants before making decisions
on acceptance.
2. Science and technology tasks not using the State budget shall be
assessed and tested for acceptance by organizations, individuals themselves.
Organizations, individuals may request state administration agencies in
localities to carry out assessment and acceptance if they cannot do it
themselves.
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4. Annually, the Ministry of Science and Technology shall make public
announcement of the lists of state-funded science and technology tasks being
accepted.
5. The Minister of Science and Technology shall define criteria,
procedures on assessment and acceptance of findings from science and technology
tasks.
Article 38. Special-Purpose Science and Technology
Council, independent consultants carrying out assessment and acceptance of
findings from science and technology tasks
1. The assignor shall be responsible for establishing Special-Purpose
Science and Technology Council or hiring independent consultants to carry out
assessment and acceptance of findings from science and technology tasks.
2. Components of Special-Purposed Science and Technology Council comprise
scientists, representatives of agencies, organizations making proposals for
order placement, agencies, organizations placing orders, suitably qualified
managers, and entrepreneurs.
3. Independent consultants should have suitable qualifications and
professional competence.
4. The Special-Purpose Science and Technology Council and independent
consultants shall carry out assessment and acceptance of findings from science
and technology tasks according to purposes, requirements, contents, results and
progress stated in the signed contract and bear responsibility to the assignor.
5. Relevant Science and Technology Council and independent consultants
shall be responsible for their own assessment.
Article 39. Registration and storage of findings from
science and technology tasks
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Findings from science and technology tasks that belong to the lists of
national secrets shall be registered and stored in secrecy.
2. Findings from science and technology tasks not using state budget are
encouraged to be registered and stored at national agency for science and
technology information and competent agencies affiliated to governing
ministries, departments and localities.
Article 40. Responsibility for reception and
application of findings from science and technology tasks
1. For state-funded science and technology tasks, the ministers, heads of
ministerial-level agencies, Governmental agencies, other central state
agencies, presidents of People’s committees of provinces, heads of political
organizations, socio-political organizations shall be responsible for receiving
and organizing application, allocation of budgets and assessment of the
application of research findings that they propose order placement or place
orders after assessment and acceptance, and make annual reports on results of
application to the Ministry of Science and Technology.
2. For science and technology tasks not using state budget, organizations,
individuals may request relevant state administration agencies in localities to
create favorable conditions for carrying out the application of research
findings if they cannot do it by themselves.
3. Competent state agencies shall be responsible for receiving, storing
and considering application of the findings from science and technology tasks
donated to the State by organizations, individuals.
Section 5. Ownership or copyright on findings from
scientific research and technological development
Article 41. Ownership or copyright on findings from
scientific research and technological development;
1. Organizations, individuals that provide finance and material and
technical bases for the implementation of science and technology tasks shall be
owner of findings from scientific research and technological development unless
otherwise as regulated in the contract for scientific research and
technological development.
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The Minister of Science and Technology shall be owner’s representative for
findings from science and technology tasks at national level;
b) Ministries, ministerial-level agencies, Governmental agencies, other
central state agencies and presidents of People’s committees of provinces shall
be owner’s representative for findings from ministerial, provincial or
grassroots science and technology tasks they approve;
c) Heads of agencies, organizations not prescribed in Points a and b, this
Clause shall be owner’s representative for findings from science and technology
tasks they approve.
3. State owner’s representatives as prescribed in Clause 2, this Article
are entitled to assign part or whole of the ownership or right of use of
findings from state-funded scientific research and technological development
according to the Government’s regulations to the organizations that preside
over the implementation of science and technology tasks.
4. Exercising rights of ownership, rights of use of findings from
state-funded scientific research and technological development as prescribed in
Clause 3, this Article shall be prescribed as follows:
a) If being transferred whole or part of the ownership, the organization
that presides over the implementation of science and technology tasks shall
exercise this right according to laws on intellectual property and laws on
technology transfers;
b) If being transferred the right of use, the organization that presides
over the implementation of science and technology tasks shall exercise this
right according to laws;
5. If the organization that presides over the implementation of science
and technology tasks cannot use findings from scientific research and technological
development as prescribed in Point b, Clause 4, this Article, the state owner’s
representative as prescribed in Clause 2, this Article shall transfer such
right to other organizations that are able to use the findings.
6. The Government shall detail sequence, procedures on transferring whole
or part of the ownership or right of use of findings from scientific research
and technological development as prescribed in this Article.
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Persons who directly implement science and technology tasks shall be
author of the findings thereto. The author shall be entitled to the copyright
according to this Law and other relevant law provisions;
Article 43. Distribution of profits from use,
transfer of right of use, transfer of capital, distribution of capital in the
form of research findings
At least 30% of the profits earned from the use, transfer of the right of
use, transfer of capital, contribution of capital in the form of findings from
state-funded scientific research and technological development shall be
dispensed to the author; the remainder shall be dispensed amongst owners,
presiding agencies, brokers according to the Government’s regulations.
Chapter V
APPLICATION OF FINDINGS FROM SCIENTIFIC RESEARCH AND
TECHNOLOGICAL DEVELOPMENT, AND DISSEMINATION OF KNOWLEDGE OF SCIENCE AND
TECHNOLOGY
Article 44. Responsibility for application of
findings from scientific research and technological development
1. Responsibility of the buyer for application of findings from
state-funded scientific research and technological development is prescribed in
Article 40 hereof.
The buyer who fails to fulfill responsibilities as prescribed in this
Clause shall be handled by laws.
2. Organizations, individuals that preside over the implementation of
state-funded science and technology tasks shall be responsible for
participating in the application of research findings to production and life
according to the science and technology contract, requirements and instructions
of the buyer unless otherwise force majeure events arise.
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Article 45. Encouraging application of findings from
scientific research and technological development
1. Organizations, individuals that apply findings from scientific research
and technological development, especially high technology, exploit and use
invention to innovate socio-economic management, technology and enhance
competitiveness of products shall be entitled to tax, credit and other
incentives as prescribed hereof and in other relevant law provisions.
2. Owners, author and person who have successfully applied findings from
scientific research and technological development shall enjoy benefits from
application of such findings to production and life according to science and
technology contract and this Law.
3. Successful application of scientific and technological achievements to
production and life shall be one of main criteria for evaluation of capacity of
authors, heads of scientific and technological organizations, enterprises;
serve as foundations for the State to assign state-funded science and
technology tasks; receive financial assistance from state funds for science and
technology activities.
4. Organization of agricultural, forestry, fishery, industrial extension,
scientific and technological services shall receive tax and other incentives
according to laws to quicken application of findings from scientific research
and technological development to production and life.
5. Political organizations, socio-political organizations, social
organizations, socio-occupational organizations within functions and duties
shall be responsible for creating favorable conditions for their members to
apply the findings.
Article 46. Application of science and technology to
investment projects, socio-economic development programs
1. State-funded investment projects, socio-economic development programs
should involve the establishment of the lists of expenses for application, research
and development of scientific foundations during investment preparation and
implementation stages, and settlement of scientific and technological issues
arising during the implementation.
2. Investment projects, socio-economic development programs should be
assessed in terms of scientific foundations and technological levels as
prescribed before approval.
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Article 47. Encouraging initiatives, technical
improvements, rationalization of production and intensification of innovation
1. State administration agencies for science and technology at all levels should
put forth measures to step up initiatives, technical improvements,
rationalization of production and intensification of innovation.
2. Annually, the Ministry of Science and Technology shall cooperate with
political organizations, socio-political organizations, social organizations,
socio-occupational organizations and enterprises in organizing festival of
competition on initiatives, technical improvements, rationalization of
production, intensification of innovation; reserve science and technology budgets
for supporting these activities.
3. The budgets reserved by an enterprise for organizing festival of
competition on initiatives, technical improvements, rationalization of
production and intensification of innovation shall be considered as investment
costs for science and technology activities of the enterprise.
4. The State shall sponsor and encourage sponsorship from organizations,
individuals for initiatives, technical improvements, rationalization of
production and intensification of innovation; organize festival of competition
on initiatives, technical improvements, rationalization of production and
intensification of innovation.
Article 48. Communications and dissemination of
knowledge of science and technology
1. The State shall make investment and encourage investment and
development of communication and dissemination of knowledge of science and
technology by organizations, individuals.
2. The Ministry of Science and Technology shall preside over and cooperate
with Vietnamese Union of scientific and technological associations, relevant
agencies and organizations in establishing and implementing one-year, five-year
plans for communication and dissemination of knowledge of science and
technology.
3. The budgets reserved by organizations, enterprises and individuals for
investing in and sponsoring activities of communication and dissemination of
knowledge of science and technology shall be recorded as allowable expenses.
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INVESTMENT IN SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENT
Section 1. INVESTMENT FROM STATE
Article 49. State budget for science and technology
1. The State shall ensure at least 2% of total state budget spending
annually for the cause of science and technology and gradually increase at the
request of scientific and technological development.
2. Budgets for scientific and technological development should be recorded
in a separate entry in the table of contents for annual state budgets of
ministries, departments and localities.
3. Allocation of state budget for scientific and technological development
in the following year shall be based on actual demands and the use of allocated
budgets.
Article 50. Purposes of state budget spending for
science and technology
1. Implement science and technology tasks of priority and importance,
science and technology tasks at all levels to serve common interests of the
public with much importance attached to fundamental research in the areas of
science and technology;
2. Maintain and develop national scientific and technological capability,
invest in and support construction of material and technical bases for
scientific and technological organizations; ensure regular activity of
fundamental research conducted by public scientific and technological
organizations.
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4. Finance state funds for science and technology as prescribed in Article
59 hereof;
5. Support implementation of applied research and technological innovation
in the areas of priority and great importance;
6. Strengthen application of scientific and technological development in
localities;
7. Purchase findings from scientific research and technological
development, support importation of source technology, high technology,
designs, employment of domestic and foreign experts for the areas of priority.
8. Disseminate and communicate knowledge and information in relation to
science and technology; support registration for protection of intellectual
property rights; announce findings from scientific research and technological
development, prizes in science and technology;
9. Support other science and technology activities;
Article 51. Construction of cost estimates and
management of state budget for science and technology
1. The Ministry of Science and Technology shall preside over and cooperate
with ministries, ministerial-level agencies, Governmental agencies, other
central state agencies and People’s committees of provinces shall establish and
propose annual state budget spending estimates for scientific and technological
development as prescribed;
2. The Ministry of Planning and Investment, the Ministry of Finance shall
establish investment cost estimates, non-business expenditure estimates for scientific
and technological development at the request of the Ministry of Science and
Technology.
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Article 52. Application of allocated expenditures for
state-funded science and technology tasks; purchasing findings from scientific
research and technological development
1. Application of allocated expenditures for state-funded science and
technology tasks are prescribed as follows:
a) Allocated expenditures for state-funded science and technology tasks in
the areas of natural science, humanities and social science, technical and
technological science shall be approved by competent agencies in terms of
targets, contents, requirements for research products and budget estimates;
b) For science and technology tasks with criteria for end-product being
clearly defined on the basis of assessment of explanation and budget estimates,
allocated expenditures shall be applied until end-product.
c) For science and technology tasks that allocated expenditures cannot be
applied until end product and science and technology tasks at high risks,
allocated expenditures shall be applied on the basis of individual parts of
work with criteria clearly defined.
2. In case of need, the State shall purchase findings from scientific
research and technological development in an agreement with organizations,
individuals.
3. The Government shall detail criteria and procedures on application of
allocated expenditures for state-funded science and technology tasks and the
purchase of findings from scientific research and technological development.
Article 53. Allocation, use and management of
expenditures for state-funded science and technology tasks
1. Allocation of expenditures for state-funded science
and technology tasks should be timely and appropriate to the progress of order
placement and approval of science and technology tasks.
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3. Use of expenditures for science and technology tasks shall
be based on order for payment issued by agencies that preside over the
implementation of science and technology tasks and shall be finalized upon
completion of the contract without depending fiscal year.
4. The Government shall detail this Article.
Article 54. Special investment mechanism for special
science and technology tasks
1. Science and technology tasks of large scale serving national defense
and security, having strong impact on productivity, quality and strength of
national product shall be eligible for special investment mechanism.
2. Make submission to the National Assembly for consideration and decision
on science and technology tasks of projects, works of national importance
advocated by the National Assembly.
3. The Prime Minister shall decide implementation of special science and
technology tasks unless otherwise regulated in Clause 2, this Article.
4. The Government shall define criteria for determination of tasks,
special investment mechanism and implementation measures for science and
technology tasks eligible for special investment mechanism as prescribed in
this Article.
Section 2. INVESTMENT OF ENTERPRISES, ORGANIZATIONS
AND INDIVIDUALS
Article 55. Mobilization of investment capital
outside state budget for science and technology
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2. Organizations, individuals may establish funds for scientific and
technological development prescribed in Articles 62 and 63 hereof;
3. Organizations and individuals that invest in and sponsor scientific and
technological development shall enjoy following preferential treatment:
a) Tax incentives according to laws;
b) Be honored, commended according to laws;
Article 56. Investment of enterprises for scientific
and technological development
1. Enterprises should reserve budgets for investment to innovate and
improve technological levels, productivity, quality and competitiveness of
products, goods.
2. Investment made in scientific and technological development by
enterprises shall be considered as actual expenses arising in relation to
activities of production and business of enterprises.
3. Enterprises that make investment in or form associations for investment
in scientific and technological research in the areas of national priority and
importance, innovate and enhance technology, improve productivity, quality and
competitiveness of products, goods shall be considered for financial
assistance, loans and other incentives by state funds for scientific and
technological development as prescribed hereof.
Article 57. Encouraging application of findings from
scientific research and technological development by enterprises
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2. Enterprises that apply high technology shall be entitled to maximum
incentives according to laws on high technology. Enterprises that apply
findings from science and technology tasks in the country shall be eligible for
loan interest subsidy.
Article 58. Development of scientific and
technological enterprises
1. Scientific and technological enterprises are the enterprises that
implement production, business and services in relation to science and
technology to create products, goods from findings from scientific research and
technological development.
2. Development of scientific and technological enterprises should meet
following requirements:
a) An enterprise that is established and registered for operation
according to the Law on Enterprise;
b) Have capacity for implementation of science and technology tasks;
c) Turnover from production and trading of products, goods from findings
from scientific research and technological development achieves a proportion as
prescribed.
3. Apart from incentives as prescribed in Article 57 hereof, scientific
and technological organizations shall enjoy following preferential treatment:
a) Be eligible for consideration and assignment of ownership or right of
use of state-owned findings from scientific research and technological development;
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c) Be given priority in leasing lands, infrastructure in industrial zones,
processing and exporting zones, economic zones and hi-tech zones;
d) Enjoy investment credit incentives from the Vietnam Development Bank,
National Fund for technological innovation and other funds for the
implementation of investment projects on production and business;
dd) Be given priority in using facilities serving activities of scientific
research and technological development in laboratories of national importance,
technology incubators, science and technology business incubators; state-owned
scientific and technological research facilities;
4. The Government shall detail this Article.
Section 3. INVESTMENT SUPPORT FUND FOR SCIENCE AND
TECHNOLOGY ACTIVITIES
Article 59. Investment support funds for science and
technology activities
1. The State shall establish, encourage organizations, individuals to
establish the funds to mobilize social resources for providing investment
support to science and technology activities .
2. The funds for scientific and technological development are established
according to this Law;
Funds for technological innovation, funds for venture hi-tech investment
are established according to the Law on Technology transfers and the Law on
high technology.
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Article 60. National fund for science and technology
development
1. The Government shall establish national funds for scientific and
technological development to provide budgets for activities of fundamental
research and applied research, unexpected science and technology tasks of great
scientific and practical importance, potential science and technology tasks, to
grant loans with low or no interest rates for application of findings from
scientific research and technological development to production and life,
guarantee loans for special science and technology tasks, support young
scientists in participating in international conferences and seminars; support
activities of enhancing capability of science and technology at national level.
2. National funds for scientific and technological development are formed
from initial capitals, annual additional capitals from state budget for
scientific and technological development, funds' business results; voluntary contributions,
donations, grants from organizations, individuals and other legal sources.
3. The Government shall prescribe Charter of the National fund for science
and technology development.
Article 61. Funds for scientific and technological
development of ministries, ministerial-level agencies, Governmental agencies,
central-affiliated cities and provinces
1. Ministries, ministerial-level agencies, Governmental agencies, People’s
Committees of provinces shall establish funds for scientific and technological
development to meet their own demands for scientific and technological
development .
2. Funds shall be used for purposes prescribed in Clause 1, Article 60
hereof;
3. Funds are formed from initial capitals from state budgets for
scientific and technological development of ministries, ministerial-level
agencies, Governmental agencies, central-affiliated cities and provinces;
annual additional capitals from state budgets for science and technology tasks
of ministries, provinces and funds’ business results; contributions of
enterprises according to laws; voluntary contributions, donations, grants from
organizations, individuals and other legal sources.
4. The Minister of Science and Technology shall prescribe charter of funds
for scientific and technological development of ministries, ministerial-level
agencies, Governmental agencies, central-affiliated cities and provinces.
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1. The State encourages establishment of the fund for scientific and
technological development by organizations, individuals according to laws;
The fund for scientific and technological development of organizations,
individuals is a not-for-profit organization that provides non-refundable
sponsorship, loans with low or no interests, loan guarantees for scientific and
technological development of organizations, individuals.
2. The fund for scientific and technological development of organizations,
individuals is formed from contributions of founding organizations, individuals
outside state budget; voluntary contributions, donations, grants from
organizations, individuals and other legal sources.
3. Charter of the fund shall be written by founding organizations,
individuals and registered with competent finance authorities.
Article 63. Fund for scientific and technological
development of enterprises
1. Non-state owned enterprises are encouraged to form funds for scientific
and technological development of their own or contribute to the funds for
scientific and technological development of sectors and localities and enjoy
benefits according to the fund’s regulations.
2. The state-owned enterprise should put aside a minimum amount of taxable
income to establish its fund for scientific and technological development.
The Government shall prescribe amount of taxable income to be put aside
for the establishment of the fund and mechanism of managing and using the
enterprise's fund for scientific and technological development.
3. Enterprises may exercise autonomy and take responsibility for managing
and using the fund purposefully and reporting the establishment of the fund to
state administration agencies on science and technology in localities where the
enterprise is headquartered.
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Article 64. Tax policies on science and technology
activities
Followings cases are eligible for tax incentives as prescribed in the law
on taxation:
1. Earnings come from the implementation of the contract for scientific
research and technological development;
2. Earnings from products made from technologies applied for the first
time in Vietnam; products in the process of trial production;
3. Hi-tech enterprises, agricultural enterprises applying high technology
and a number of activities in the areas of high technology;
4. Scientific and technological services;
5. Machinery and equipment, accessories, materials imported for activities
of scientific research and technological development;
6. Grants from organizations, individuals for scientific research; grants
received for scientific research;
7. Transfer of technology of priority areas to organizations, individuals
in socio-economically disadvantaged administration divisions;
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Article 65. Credit policies on science and technology
activities
1. Organizations, individuals that apply for middle-term or long-term
loans for science and technology activities shall receive preferential
interests from the national fund for scientific and technological development
and other state funds.
2. Organizations, individuals that apply for loans for science and
technology activities shall receive credit incentives according to charter of
the fund where loans are granted.
3. Organizations, individuals that apply for loans at commercial banks to
make investment in science and technology activities, especially activities of
conducting experimentation and trial production shall be considered by the
Vietnam Development Bank for interest subsidy or investment credit guarantees,
putting aside a certain proportion of outstanding credit balance for science
and technology activities.
4. Programs, topics and projects on science and technology that directly
serve key socio-economic programs of the State and develop national scientific
and technological potential, especially projects on conducting experimentation
and trial production requiring use of large capital shall be favored with
access to official development assistance (ODA) as follows:
a) Non-refundable sponsorship or concessional loans for activities of
scientific research and technological development;
b) Grant loans for projects on investment and construction of scientific
and technological potential or refundable loans for projects applying findings from
scientific research and technological development;
Chapter VII
CONSTRUCTION OF INFRASTRUCTURE AND DEVELOPMENT OF
SCIENCE AND TECHNOLOGY MARKET
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1. The State shall promulgate policies on consistent investment and
effective use of material and technical bases of national scientific and
technological research facilities; encourage and support the construction of
applied research centers for scientific and technological advances, hi-tech
zones, technological parks; upgrade and construct research centers in higher
education institutions to attach training to scientific research, application,
development and commercialization of new technologies.
2. Based on targets of socio-economic development, national strategy for
national scientific and technological development, the Ministry of Science and
Technology shall preside over and cooperate with ministries, relevant agencies
in establishing and submitting plans for construction of material and technical
bases of scientific and technological organizations to the Prime Minister for
approval.
3. Ministries, ministerial-level agencies, Governmental agencies, other
central state agencies shall mobilize capital sources for construction of
material and technical bases of affiliated scientific and technological
organizations.
4. People’s committees of provinces shall make decisions on plans for
construction of material and technical bases of scientific and technological organizations
in localities.
5. The Ministry of Science and Technology shall preside over and cooperate
with relevant agencies in inspecting and monitoring the use of state budget for
scientific and technological development at ministries, departments, localities
and make regular reports to the Prime Minister.
Article 67. Construction of infrastructure for
development of high technology
1. The State shall invest and mobilize social resources for the
construction of infrastructure for development of high technology.
2. The Ministry of Science and Technology shall preside over and cooperate
with relevant agencies in making submissions of the master plan for development
of hi-tech zones, technological incubators, hi-tech business incubators to the
Prime Minister for approval.
3. The Ministry of Agriculture and Rural Development shall preside over
and cooperate with the Ministry of Science and Technology and relevant agencies
in making submission of the master plan for development of hi-tech agricultural
zones to the Prime Minister for approval.
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The state shall invest in and encourage organizations, individuals to
sponsor the construction of communications infrastructure, national databases
and statistical work on modern science and technology to ensure information
about science and technology activities in the country and in the world is
provided in an adequate, accurate and timely manner.
The Government shall detail this Article.
Article 69. Construction and development of science
and technology
The state shall promulgate following policies and measures to construct
and develop science and technology markets:
1. Encourage activities of assignment and transfer of technology based on
voluntariness, equality and mutual interests;
2. Complete policies and laws on intellectual property and technology
transfers;
3. Enforce incentive policies for products in the process of trial
production with new technology; products are made from new technology applied
for the first time in Vietnam; scientific and technological consulting
activities; imported, exported hi-tech equipment;
4. Enforce commendation to the collective of employees, individuals that are
involved in the creation, invention, initiatives, technical improvements, and
rationalization of production and application of transferred new technology;
5. The State shall establish, encourage organizations, individuals to
establish scientific and technological service organizations, promotion and
support centers for technology transfer activities; technological centers,
trading floors; technology – equipment markets.
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INTERNATIONAL INTEGRATION ON SCIENCE AND TECHNOLOGY
Article 70. Principles of international integration
on science and technology
1. Ensure independence, sovereignty, national security, equality and
mutual interests;
2. Diversify, multilateralization of cooperation and investment with
foreign partners in the areas of science and technology;
3. Develop science and technology in accordance with international
standards and in association with demands for socio-economic development,
national defense and security;
4. Be selectively open to experiences of developed countries, take advantage
of opportunities to enhance capability of scientific research and technological
development, especially high technology;
Article 71. Activities of international integration
on science and technology
1. Join and participate in science and technology activities with foreign
partners; participate in activities of international integration on science and
technology, including:
a) Join foreign scientific and technological organizations, associations;
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c) Establish foreign-invested scientific and technological organizations
in Vietnam and establish representative offices, branches of Vietnam scientific
and technological organizations abroad;
2. Construct and implement programs and projects on scientific research
and technological development within bilateral, multilateral, regional,
inter-regional and international negotiations;
3. Attract Vietnamese experts, scientists living abroad, foreign experts,
scientists to join programs and projects on scientific research and
technological development, training for human resources in science and
technology, other science and technology activities in Vietnam;
4. Organize scientific and technological exhibitions, forums, technology
markets, technological centers, trading floors; introduce and transfer findings
from scientific research and technological development, especially advanced and
high technologies at home and abroad;
5. Seek and transfer foreign advanced technologies into Vietnam;
6. Develop a network of Vietnam’ scientific and technological
representative offices abroad;
Article 72. Measures of promotion of international
integration on science and technology
1. Complete legal foundations for activities of international integration
on science and technology;
2. Step up participation, signing and implementation of International
Agreement on scientific and technological cooperation;
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4. Construct a number of organizations and groups for scientific research
and technological development at regional and international standards;
5. Strengthen infrastructure for scientific and technological development,
especially national database system on science and technology, key laboratory
system at regional and international standards; Connect to regional and
international state-of-the-art communications networks on research and
training;
6. Complete incentive and subsidy mechanism, policies in order for
Vietnamese organizations, individuals to participate in activities of
international integration on science and technology;
7. Construct mechanism and policies to attract overseas Vietnamese and
foreign experts to scientific and technological development in Vietnam;
8. Make effective use of loans and foreign grants for scientific and technological
development;
Chapter IX
STATE ADMINISTRATION ON SCIENCE AND TECHNOLOGY
Article 73. Responsibility of the Government
1. Unify state administration on scientific and technological development
across the country and promulgate legislative documents, specific mechanism,
policies to ensure scientific and technological development is the national
policy;
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3. Assign, decentralize the implementation of state management on science
and technology;
4. Direct activities of international integration on science and technology;
develop human resources on science and technology;
5. Direct propagation, dissemination and education about laws on science
and technology; inspect the implementation of laws on science and technology;
6. Direct inspection, investigation, handling of complaints, denunciations
and violations of the law on science and technology;
Annually, the Government make reports to the National Assembly on the
implementation of policies and measures for scientific and technological
development, use of the State budget for scientific and technological
development; results of scientific and technological activities.
Article 74. Responsibility of the Ministry of Science
and Technology
The Ministry of Science and Technology shall be responsible to the
Government for state administration on scientific and technological development
across the country as follows:
1. Promulgate within competence or make submission to competent
authorities for promulgation of legislative documents, mechanism, policies,
strategy and plans for scientific and technological development, master plan
for network of public scientific and technological organizations;
2. Construct and grant approval for guidelines, targets and tasks of
science and technology on a one-year, five-year basis;
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4. Manage and use the state budget for scientific and technological
development effectively; construct and propose mechanism and ratio of state
budget spending for scientific and technological development as foundations for
allocation of state budget estimates annually;
5. Assess the establishment of public scientific and technological
organizations as decentralized by the Government; allow the establishment of
foreign-invested scientific and technological organizations; register science
and technology activities within competence.
6. Construct and manage national communications system, database on
science and technology, scientific and technological statistical system and
criteria with uniformity across the country; step up exploitation and use of
patents; develop science and technology market;
7. Organize management of training in professional competence in the areas
of science and technology;
8. Propagate, disseminate and organize instruction on the implementation
of laws on science and technology;
9. International integration on science and technology;
10. Investigate, inspect or coordinate investigation, inspection of
enforcement of the law on science and technology; handle complaints,
denunciations, and violations of the law on science and technology within
competence; make proposals for adjustments to allocation of budgets for the
next period in reliance on inspection and use of state budget for scientific
and technological development by agencies and organizations;
11. Implement other tasks authorized or assigned by the Government;
Article 75. Responsibility of ministries,
ministerial-level agencies
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a) Establish and submit investment cost estimates for investment in
scientific and technological development to the Government at the request of
the Ministry of Science and Technology;
b) Cooperate with the Ministry of Science and Technology in granting
approval for the project on investment and construction of material and
technical bases for scientific and technological development; speed up
inspection of sectors, levels to ensure purposeful and effective use of
investment budgets for scientific and technological development;
2. The Ministry of Finance:
a) Establish and submit non-business expenditure estimates for scientific
and technological development to the Government at the request of the Ministry
of Science and Technology;
b) Balance and allocate budgets adequately and in a timely manner
according to the approved budget estimates;
b) Cooperate with the Ministry of Science and Technology in speeding up
inspection of sectors, levels to ensure purposeful and effective use of
non-business expenditures for scientific and technological development;
3. The Ministry of Home Affairs:
a) Preside over and cooperate with the Ministry of Science and Technology
in establishing policies on employment of human resources for scientific and
technological development;
b) Preside over and cooperate with the Ministry of Science and Technology
and relevant agencies in arranging personnel to public scientific and
technological organizations;
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a) Perform state administration on scientific and technological
development and take responsibility for science and technology activities in
the areas assigned; determine, organize implementation of science and
technology tasks; effectively manage and use resources for scientific and
technological development in the areas assigned;
b) Cooperate with the Ministry of Science and Technology in establishing
and promulgating within competence legislative documents, mechanism, policies,
strategy, plans and measures for scientific and technological development,
technological innovation or make such submissions to competent agencies for
promulgation; construct and manage database, statistical information system on
science and technology;
c) Make reports on statistical information and figures about science and
technology to the Ministry of Science and Technology;
d) Manage and use investment expenditures, non-business expenditures for
scientific and technological development purposefully and effectively and in
accordance with characteristics and progress of science and technology plan;
Article 76. Responsibility of People’s committees of
provinces
People’s committees of provinces that perform state administration on
scientific and technological development in localities as decentralized by the
Government shall take following responsibilities:
1. Promulgate legislative documents, mechanism, policies, strategy and
plans for scientific and technological development within competence or make such
submissions to competent authorities for promulgation;
2. Ensure use of state budget for scientific and technological development
and other social resources for application of science and technology in
localities;
3. Receive, organize application and assessment of application of the
findings from the implementation of science and technology tasks ordered after
acceptance and make annual reports on results of application to the Ministry of
Science and Technology;
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5. Construct and manage database, statistical information system on
science and technology; make adequate and honest reports on statistical figures
on science and technology to relevant competent state administration agencies;
6. Propagate, disseminate and organize instruction on the implementation
of laws on science and technology;
7. Investigate, inspect or coordinate investigation, inspection of
enforcement of the law on science and technology; handle complaints, denunciations,
and violations of the law on science and technology within competence;
Chapter X
COMMENDATION AND HANDLING OF VIOLATIONS
Article 77. State honors, commendation and awards in
science and technology
1. Organizations, individuals that have achievements in the cause of
scientific and technological development shall be honored, awarded with prizes
by the state according to the law on emulation and commendation.
2. Ministries, ministerial-level agencies, Governmental agencies, and
other central state agencies, People’s committees of provinces shall consider
and grant awards in science and technology to collectives, individuals that
have excellent scientific research and technological development works within
the management by ministries, sectors and localities;
3. Organizations, individuals as Vietnamese, overseas Vietnamese,
international organizations, foreign organizations and individuals shall be
awarded with prizes in science and technology with the aim of encouraging
scientific and technological development in Vietnam according to laws.
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Article 78. Honors, prizes in science and technology
granted to foreign organizations and individuals, international organizations
Scientific and technological organizations, or individuals involved in
science and technology activities shall be granted honors and prizes in science
and technology by foreign organizations and individuals, international
organizations in accordance with laws of Vietnam.
Article 79. Handling of violations
1. Individuals that violate the law on science and technology, depending
on nature and severity of the violations, shall be disciplined, face
administrative penalties or criminal prosecution, or make compensations for any
damage caused according to laws.
2. Organizations that violate the law on science and technology, depending
on nature and severity of the violations, shall face administrative penalties
or make compensations for any damage caused according to laws.
Chapter XI
IMPLEMENTARY PROVISIONS
Article 80. Effect
This Law takes effect since January 01, 2014.
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Article 81. Detailed regulations and instructions on
implementation
The Government and other competent state agencies shall provide detailed
regulations and instructions on implementation of articles, clauses prescribed
in the Law.
This Law was adopted on June 18, 2013 by the 13th National
Assembly of the Socialist Republic of Vietnam at its 5the Meeting
Session.
CHAIRMAN OF
NATIONAL ASSEMBLY
Nguyen Sinh Hung