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THE NATIONAL
ASSEMBLY OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Resolution No.:
193/2025/QH15
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Hanoi, February
19, 2025
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RESOLUTION
ON
PILOT IMPLEMENTATION OF SOME SPECIAL POLICIES AND MECHANISMS TO CREATE
BREAKTHROUGH DEVELOPMENT IN SCIENCE, TECHNOLOGY, INNOVATION AND NATIONAL
DIGITAL TRANSFORMATION
THE NATIONAL ASSEMBLY
Pursuant to Constitution of the Socialist
Republic of Vietnam;
Pursuant to the Law on Organization of the
National Assembly No. 57/2014/QH13, which is amended by Law No. 65/2020/QH14
and Law No. 62/2025/QH15;
Pursuant to the Law on Promulgation of
Legislative Documents No. 80/2015/QH13, which is amended by Law No.
63/2020/QH14;
HEREBY RESOLVES:
Chapter I
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Article 1. Scope
This Resolution provides for pilot implementation
of some special policies and mechanisms to create breakthrough development in
science, technology, innovation, and national digital transformation.
Article 2. Regulated entities
This Resolution applies to domestic organizations
and individuals; foreign organizations and individuals participating in
scientific, technological, innovative, and digital transformation activities in
Vietnam and other relevant organizations and individuals.
Chapter II
SCIENTIFIC,
TECHNOLOGICAL, AND INNOVATIVE ACTIVITIES
Article 3. Establishment and
operation of enterprises from scientific research and technological development
results
1. Public scientific and technological organizations
and public higher education institutions are allowed to establish, participate
in establishing enterprises, or contribute capital to enterprises to
commercialize scientific research and technological development results owned
by such organizations or assigned to manage and use.
2. With the consent of the head of the
organization, public employees and public employees holding managerial
positions (hereinafter referred to as “managers”) working at public scientific
and technological organizations or public higher education institutions are
allowed to contribute capital, participate in managing and operating
enterprises, work at enterprises established by such organizations, or
participate in establishing enterprises to commercialize research results
created by such organizations.
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Article 4. Acceptance of risks
in scientific research and technological development
1. Organizations and individuals engaged in
scientific research and technological development activities are exempted from
civil liability when causing damage to the State in the process of performing
scientific and technological tasks using the State budget when they have fully
carried out the relevant procedures and regulations in the process of
implementing scientific research and technological development activities.
2. If organizations in charge of performing
scientific and technological tasks funded by State budget (hereinafter referred
to as “presiding organizations”) have fully followed the regulations on
management of scientific and technological tasks, and the research process and
content have been presented and explained but have not achieved the expected
results, they are not required to return the funds used.
Article 5. Allocation of
funding for scientific research and technological development under the fund
mechanisms
1. Funding for the implementation of scientific and
technological tasks is prioritized to be allocated from the state budget under
the fund mechanisms through scientific and technological development funds. The
preparation of estimates and allocation of funds from the state budget under the
fund mechanisms are carried out as follows:
a) Preparation of annual state budget estimates to
implement scientific and technological tasks, including estimates of funding
for transitional scientific and technological tasks and estimates of funding
for new open scientific and technological tasks;
b) Annual state budget estimates for new open
scientific and technological tasks are built on the basis of the expected
number of new open tasks of the planning year, the average annual funding for
new open tasks in the previous year of the planning year, and the estimated
additional funding when there are changes in relevant policies and benefits and
adjustments due to inflation and deflation;
c) Funding from the state budget is annually
allocated to implement scientific and technological tasks through scientific
and technological development funds by payment orders into the funds' deposit
account at the State Treasury.
2. State scientific and technological development
funds established in accordance with the Law on Science and Technology include:
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b) The science and technology development funds of
ministries, ministerial agencies, government agencies, provinces, and centrally
affiliated cities are formed from the initial allocated funding, annual
additional funding from the state budget, voluntary contributions, donations
and gifts from organizations and individuals, and other legitimate sources.
Ministries, ministerial agencies, government agencies, and provincial People's
Committees are the governing bodies of the agencies and units assigned to
manage this fund.
3. The operation of a science and technology
development fund must be periodically assessed in terms of effectiveness in
accordance with the strategy and plan for scientific and technological
development.
4. The agency or unit assigned to manage the
science and technology development fund shall develop plans, provide donation,
support, and funding for presiding organizations to ensure progress, and shall
conduct inspection and assessment to ensure that the funding is used for the
right purposes, in accordance with requirements, and disbursement progress.
5. The agency or unit assigned to manage the
science and technology development shall develop plans, provide donation,
support, and funding for presiding organizations to ensure progress, and shall
conduct inspection and assessment to ensure that the funding is used for the right
purposes, in accordance with requirements, and disbursement progress.
Article 6. Fixed funding in
implementation of scientific research and technological development
1. Funding from the state budget for the
implementation of scientific and technological tasks is fixed, except for the
funding for purchasing property for implementing scientific and technological
tasks, outsourcing services, and overseas business trips.
2. Scientific and technological tasks are provided
with lump sum funding when the presiding organization has made a commitment to
the products of the task with the main quality criteria to be satisfied.
3. Based on the funding estimate in the task
description developed by the presiding organization, the competent authority
shall assess and decide on funding from the state budget for the task to
determine the rate of fixed funding. The presiding organization is allowed to
decide the use of fixed funding allocated and be accountable for their
decision; allowed to adjust the expenditure contents; and allowed to decide the
use of funding from labor to hire domestic and foreign experts according to the
agreed funding level. The presiding organization shall ensure that funding is
used for the right purposes, effectively and economically; provide explanations
upon request by competent authorities.
Article 7. Right of ownership,
management and use for scientific research and technological development
results, property for performance of scientific and technological tasks
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a) For scientific and technological tasks with presiding
organizations being state agencies; armed forces units; public service
providers; organizations of the Communist Party of Vietnam; socio-political
organizations; socio-professional organizations (hereinafter referred to as
agencies, organizations, units): Property provided for the implementation of
scientific and technological tasks after completing their intended use shall be
considered property assigned to the managing organization without waiting for
the end of the task or having to carry out procedures for transfer of ownership
or property handover. The accounting, management, and use of the mentioned
property shall follow the law on management and use of public property at the
agencies, organizations, and units;
b) For scientific and technological tasks with
presiding organization not specified in point a of this clause: Property
provided for the implementation of scientific and technological tasks after
completing their intended use shall be considered property assigned to the
presiding organization without waiting for the end of the task or having to
carry out procedures for transfer of ownership or property handover. The
accounting, management, and use of the mentioned property shall follow the law
applicable to the corresponding type of organization.
2. Presiding organizations state
budget-funded scientific and technological tasks specified in point a of this
Article have the right to manage and use the results of scientific and
technological tasks that are not within the scope of intellectual property
protection of others without having to carry out procedures regarding
management and use rights transfer. The presiding organization specified in
point b of this Article has the ownership over the results of scientific and
technological tasks that are not within the scope of intellectual property
protection of others without having to carry out procedures for ownership
transfer. Regulations in this Clause do not apply to the following cases:
a) Scientific and technological tasks in the field
of national defense and security, except when the presiding organization is an
agency or unit affiliated with the Ministry of National Defense or the Ministry
of Public Security;
b) The presiding organization is an organization
with foreign factors or has its headquarters located abroad.
3. Organizations with the right to manage and use
the results of scientific and technological tasks specified in clause 2 of this
Article may carry out intellectual property (IP) registration for such results
when meeting the requirements of the law on intellectual property. When granted
protection titles, these agencies, organizations, units shall act on behalf of
the owner's rights. Commercialization of research results shall be carried out
in accordance with Article 8 hereof.
4. Organizations with the right to manage and use
the research and development results specified in clause 2 of this Article may
carry out intellectual property (IP) registration for such results when meeting
the requirements of the law on intellectual property.
5. When necessary, the State may repossess the
research and development results of state budget-funded scientific and
technological tasks to widely disseminate for community service, disease
prevention, and treatment, nutrition assurance for the people, or to meet other
essential societal needs.
6. If, after 3 years from the completion of state
budget-funded scientific and technological tasks, the presiding organization
does not apply the task results and another organization expresses interest in doing
so, the competent authority shall approve the task retrieval and assign it to
the interested organization for further development and application.
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1. Regarding property that is the result of state
budget-funded scientific and technological tasks assigned to agencies,
organizations, units specified in point a of clause 1 of Article 7 hereof for
management and use:
a) Such property monitored separately, not included
in the general property of the agency, organization, or unit, without having to
determine the gross price, residual value, depreciation, and wear and tear of
such property.
b) Agencies, organizations, and units shall decide
on their own and use property without having to conduct valuation upon lease,
transfer of use rights, service provision, joint ventures, or partnerships
without forming a new juridical person. When implementing the regulations in
this point, it is not required to prepare a scheme or report for approval by
competent authorities in accordance with laws on management and use of public
property; the presiding organization is responsible for imposing measures to
prevent loss and wastefulness during property use as per these regulations.
c) Sale, transfer of property, and contributing
property for joint ventures and partnerships that have to form new juridical
persons shall be carried out in accordance with the law on the management and
use of public property.
2. If the property is the result of state
budget-funded scientific and technological tasks, and presiding organizations
is one of those specified in point b of clause 1 of Article 7 and has owner's
right in accordance with clause 3 of Article 7 hereof, such organizations may
use the property in accordance with the law applicable to the corresponding
organization type.
3. The presiding organization is responsible for
organizing the operation of property formed from state budget-funded scientific
and technological tasks and continuing investments in commercialization to
ensure effectiveness.
Article 9. Tax incentives for
enterprises and individuals involving in scientific and technological
activities
1. Donations from enterprises for scientific
research, technological development, and innovative activities, and expenses
allocated for scientific research, technological development, and innovation
within enterprises are deductible when determining the income subject to
corporate income tax (CIT).
2. Incomes from salaries, remuneration from
carrying out state budget-funded scientific and technological tasks are exempt
from personal income tax (PIT).
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NATIONAL DIGITAL
TRANSFORMATION
Article 10. Use of the central
budget for launching common digital platforms and direct contracting for
digital transformation projects
1. The central government budget shall be used for
investing, purchasing, leasing, sustaining, operating, and maintaining
national-scale and regional-scale digital platforms and information systems for
common use and operation by central and local agencies and organizations in
order to serve socio-economic development effectively and prevent waste.
The procedures for allocating funds for investing,
purchasing, leasing, sustaining, operating, and maintaining national--scale and
regional-scale digital platforms and information systems for common use by
agencies and organizations shall be carried out in accordance with law.
2. Ministers, heads of ministerial agencies,
governmental agencies, other central authorities, and presidents of provincial
People's Committees may apply direct contracting in accordance with the law on
bidding for packages with a contractor selection period during 2025-2026 under
IT leasing and digital transformation tasks, projects, and operations to
implement and develop the following contents:
a) National General Database, national databases,
common databases of ministries, central and local authorities;
b) National-scale, regional-scale digital
platforms, information systems specified in clause 1 of this Article;
c) Ministerial and provincial administrative
procedure settlement information systems;
d) Smart supervision and operation center;
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e) Scheme for developing Application of population data,
e-identification, and e-authentication to the national digital transformation
in 2022 - 2025 period, orientation toward 2030;
g) Other information technology and digital
transformation projects specified in resolutions of the Standing Committee of
the National Assembly, the Government, and decisions of the Prime Minister.
3. Authorities in charge of inspection and audit
shall conduct inspection and audit of tasks, projects, operation leasing IT,
digital transformation services that apply policies specified in clause 2 of
this Article in accordance with law.
Article 11. Financial support
for enterprises quickly deploying 5G network
The state budget for supporting enterprise in
quickly deploying 5G network infrastructure nationwide is specified as follows:
1. Telecommunications enterprises that quickly
implement 5G network infrastructures must have at least 20.000 5G base stations
nationwide that have undergone testing and been put into from the effective
date of this Resolution until December 31, 2025.
2. The total amount of support for
telecommunications enterprises specified in Clause 1 of this Article shall not
exceed the total hammer price of auctions of rights to use radio frequencies in
2024.
3. The support level for a 5G base station is 15%
of the average equipment cost for a 5G base station purchased in 2025 by
supported telecommunications enterprises.
Article 12. Policies on the
development of offshore international telecommunications cables where
Vietnamese telecommunication enterprises contribute capital to or are the
investors of such projects
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2. Authorities with competence to approve
investment guidelines are allowed to apply direct contracting for bidding
packages of the investment project outlined in this Article during the 2025-2030
period to promptly meet the demands for developing the telecommunication
infrastructure of enterprises.
For cases where direct contracting does not apply,
contractor selection shall be carried out in accordance with international
practices agreed upon or signed between Vietnamese telecommunications
enterprises and foreign organizations that are members contributing capital to
invest in the construction of offshore international telecommunications cables.
Article 13. Controlled pilot
of low earth orbit satellite telecommunication services
1. The controlled pilot of low earth orbit (LEO)
satellite telecommunication services is specified as follows:
a) Controlled pilot of investment in
telecommunication services with satellite telecommunications infrastructure and
type using LEO satellite telecommunication technology in Vietnam on the
principle of ensuring national defense and security, in which there is no limit
on the holdings, stakes, or contribution ratio of foreign investors;
b) Pilot issuance of licenses to use radio
frequencies and radio equipment for enterprises providing LEO satellite
telecommunication services that replace licenses to use radio frequencies and
radio equipment for users of terminal devices;
c) The pilot duration of regulations specified in
points a and b of this clause is decided by the Prime Minister but not
exceeding 5 years. The pilot must conclude before January 1, 2031.
2. Based on requirements of socio-economic
development, national defense, and security, the Prime Minister shall decide
the pilot for each scheme, including: types of telecommunication services,
implementation scope, maximum subscriber, frequency used, conditions for
termination of pilot, requirements of national defense and security assurance,
and other necessary conditions to ensure national interests.
3. The Ministry of Science and Technology shall
issue, revise, and revoke licenses to provide telecommunications services for
enterprises in accordance with clause 1 and clause 2 of this article and
telecommunication laws; provide guidance and implement the issuance, revision,
and revocation of licenses to use radio frequencies and radio equipment for
enterprises providing LEO satellite telecommunication services.
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4. The Ministry of National Defense and the
Ministry of Public Security shall impose measures to inspect and control the
pilot implementation activities to ensure national defense and security.
Article 14. Financial support
for construction of the first semiconductor fabrication plant for research,
training, and production
1. Vietnamese enterprises investing in constructing
the first small-scale semiconductor fabrication plant with high technology for
research, training, design, prototype production, technology validation, and
manufacture of special-use semiconductor chips in Vietnam at the request of the
Prime Minister, are eligible for the following support policies:
a) Direct funding from the central government
budget that is 30% of the total project investment, provided that the plant
will undergo commissioning tests for putting it in operation before December
31, 2030. The total support amount shall not exceed VND 10.000 billion.
b) Permission to annually set aside more than 10%
but not exceeding 20% of income subject to the corporate income tax (CIT) for
the Science and Technology Development Fund of the enterprise to supplement the
project during project preparation and implementation. The total amount shall
not exceed the total project investment.
2. Land shall be allocated without going through
auction of land use rights or bidding for investor selection for land-based
projects for the tasks specified in clause 1 of this Article.
3. The Prime Minister shall decide the selection of
the enterprises for carrying out the tasks outlined in clause 1 of this Article
and determines the specific support amount for such enterprises. The
support policies outlined in this Article are applicable until December 31,
2030.
Chapter IV
IMPLEMENTATION CLAUSES
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1. The government shall elaborate on this
Resolution and annually report to the National Assembly at the year-end session
on the implementation of this Resolution.
2. The government, ministries, ministerial
agencies, and central and local authorities shall emphasize their responsibilities,
especially the accountability of the leaders in leading the implementation and
inspection of this Resolution, ensuring transparency, effectiveness, and
feasibility, and preventing policy abuse, losses, and wastefulness.
3. Heads of agencies and units; officials; and
public employees involved in formulating and issuing the mechanisms and
policies specified herein are eligible to be considered for exclusion,
exemption, or reduction of liabilities in accordance with the CPV’s regulations
and the law.
4. The National Assembly, the Standing Committee of
the National Assembly, the Council of Ethnic Minorities, committees of the
National Assembly, National Assembly delegates, and deputies, People's Councils
at all levels, the Central Committee of the Vietnam Fatherland Front, and its
member organizations, within their jurisdiction, shall supervise the
implementation of this Resolution.
Article 16. Implementation
clauses
1. This Resolution takes effect from the date on
which it is approved by the National Assembly.
2. In case there are different regulations on the
same issue between this Resolution and other laws or resolutions of the
National Assembly, the regulations of this Resolution shall apply. In case
other legislative documents provide for more preferential or favorable
incentives than those specified herein, the beneficiaries shall be entitled to
choose to apply the most favorable level.
Article 17. Transitional
provisions
1. The management and disposal of property formed
during performance of scientific and technological tasks shall be carried out
as follows:
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b) The presiding organization not specified in point
a of this clause that already has a decision on task approval between January
1, 2018, and before the effective date of this Resolution shall continue
disposing of the property in accordance with the law on management and use of
public property if the competent authority/person has not issued a decision on
property disposal in accordance with the law on management and use of public
property.
2. For contract packages under tasks, projects,
operation leasing IT and digital transformation services specified in clause 2
of Article 10 hereof, which had planned contractor selection but contractors
have not been selected by the effective date of this Resolution, the Ministers,
the Heads of ministerial agencies, and the Presidents of provincial People's
Committees may apply direct contracting in accordance with clause 2 of Article
10 hereof.
This Resolution was approved by the 15th
National Assembly of the Socialist Republic of Vietnam at the 9th unexpected
session on February 19, 2025.
PRESIDENT OF
THE NATIONAL ASSEMBLY
Tran Thanh Man