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THE GOVERNMENT OF VIETNAM |
THE SOCIALIST REPUBLIC OF VIETNAM |
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No: 268/2025/ND-CP |
Hanoi, October 14, 2025 |
ELABORATING AND PROVIDING GUIDANCE ON IMPLEMENTATION OF THE LAW ON SCIENCE, TECHNOLOGY, AND INNOVATION REGARDING INNOVATION; ENCOURAGEMENT OF SCIENTIFIC, TECHNOLOGICAL, AND INNOVATION ACTIVITIES IN ENTERPRISES; RECOGNITION OF INNOVATION CENTERS AND STARTUP SUPPORT CENTERS; RECOGNITION OF STARTUP FOUNDER AND STARTUP ENTERPRISES; STARTUP ECOSYSTEM, INFRASTRUCTURE, AND NETWORKS
Pursuant to the Law on Government Organization No. 63/2025/QH15;
Pursuant to Law on Science, Technology and Innovation No. 93/2025/QH15;
At the request of the Minister of Science and Technology;
The Government hereby issues a Decree elaborating and providing guidance on implementation of the Law on science, technology, and innovation regarding innovation; encouragement of scientific, technological, and innovation activities in enterprises; recognition of innovation centers and startup support centers; recognition of startup founder and startup enterprises; startup ecosystem, infrastructure, and networks.
This Decree elaborates and provide guidance on the implementation of the innovation regulations specified in Articles 16, 17, 34, Clause 1 of Article 35, 38, 39, 47, 57, Clause 6 of Article 59, and Clause 2 of Article 64 of the Law on Science, Technology, and Innovation concerning innovation tasks, innovation programs; innovation activities within enterprises; promotion and development of the innovation system; support for enterprises in conducting innovation activities; promotion of a innovative culture and startup; science and technology enterprises; recognition of innovation centers and startup support centers; recognition of startup founders, groups of startup individuals, startup enterprises, investors, and experts supporting innovation and startup; as well startup ecosystem, infrastructure, and networks.
This Decree applies to state regulatory authority related to science, technology, and innovation from the central and local levels; enterprises, organizations, and individuals participating in innovation and startup; as well as relevant enterprises, organizations, and individuals.
Article 3. Term interpretation
1. Innovation task is a form of work organization to create new products, new services, new processes, new business models, or significant improvements compared to existing products, services, processes, or business models.
2. Innovation tasks in form of donation are innovation tasks proposed by enterprises or organizations for ministries, central or local authorities to review and provide funding for the enterprises or organizations to implement.
3. Innovation tasks in form of commission are innovation tasks whose objectives, content, and product requirements are determined by competent state agencies based on the needs of socio-economic development, national defense, security, and public interest; are funded wholly or partially by the State and are assigned to enterprises or organizations through direct assignment.
4. Basic innovation tasks are innovation tasks proactively developed and implemented by public science and technology organizations using funds allocated by competent state authorities or self-managed funds as prescribed by law.
5. Loan interest subsidization tasks are innovation tasks funded by the National Technology Innovation Fund and science, technology, and innovation development funds of ministries, central authorities, and local authorities using state budget to subsidize the loan interest of enterprises borrowing from legally operating credit institutions in Vietnam to implement projects or investment plans involving technology application, technology transfer, technology innovation, and innovation.
6. Tasks of support via vouchers are innovation tasks funded by the National Technology Innovation Fund and science, technology, and innovation development funds of ministries, central authorities, and local authorities using state budget to promote innovation and product commercialization by enabling enterprises’ access to the market and encouraging users to experience new products and services.
7. Startup project is a project that forms and develops an innovative business model based on technology, breakthrough ideas, or new business models, conducted by individuals, groups of individuals, or organizations, aiming to create new value and address market or socio-economic issues.
8. Innovation program is a collection of innovation tasks with common objectives implemented over the medium and long term.
9. Innovation task management authorities refer to ministries, ministerial agencies, government agencies, other central agencies, provincial People’s Committees, or agencies and units authorized/delegated power by these bodies to manage scientific, technological, and innovation activities.
INNOVATION TASKS, INNOVATION PROGRAMS
Article 4. Scientific, technological, and innovation tasks and programs
1. Scientific, technological, and innovation tasks include both science and technology tasks and innovation tasks.
2. Science, technology, and innovation programs include both science and technology programs and innovation programs.
3. Innovation tasks and innovation programs are specified herein.
Article 5. Classification of innovation tasks funded by state budget
1. Based on the method for determination and formation, innovation tasks are classified as follows:
a) Innovation tasks in form of donation;
a) Innovation tasks in form of commission;
c) Grassroots-level innovation tasks.
2. Based on the implementation form, innovation tasks are classified as follows:
a) Innovation tasks within national science, technology, and innovation programs on technology innovation; startup; intellectual property development, improvement of productivity and product quality;
b) Innovation tasks within science, technology, and innovation programs of ministries, ministerial agencies, government agencies, other central agencies, and competent authorities;
c) Innovation tasks implemented outside of programs according to priority orientations or specific requests of innovation task management authorities.
3. Based on content, innovation tasks are classified as follows:
a) Technology innovation tasks;
b) Tasks of intellectual property development, improvement of productivity and quality;
c) Startup support tasks;
d) Loan interest subsidization tasks;
dd) Tasks of support via vouchers.
Article 6. Rules for managing and organizing the implementation of innovation tasks funded by state budget
Innovation tasks shall be managed and implemented according to the following rules:
1. Enterprises, organizations, and individuals undertaking the tasks are responsible for:
a) Organizing the implementation of the tasks in accordance with the approved objectives, content, progress, budget, results, and the task contract;
b) Bearing legal responsibility for the honesty and accuracy of documents, materials, and results of the task;
c) Being accountable to the law and management authorities for the use of funds, assets, results, effectiveness, and reports on the task.
2. The innovation task management authority is responsible for:
a) Issuing, guiding, organizing the implementation, and supervising the tasks within its authority; ensuring transparency, objectivity, and publicity in approval, inspection, supervision, and assessment of the tasks;
b) Supporting and facilitating organizations and individuals to implement the tasks according to the objectives, progress, and content;
c) Granting funds for tasks according to donation contracts, supporting the implementation of innovation tasks.
Article 7. Development of plans and estimates, grant of funds to implement innovation tasks and support innovation activities
The development of plans and estimates, allocation of funds to implement innovation tasks; subsidize technology application, technology transfer, technology innovation, and innovation; support activities of developing the innovation system, startup ecosystem, and promote the culture of innovation and startup shall be carried out in accordance with the Decree elaborating and providing guidance on the implementation of the Law on Science, Technology, and Innovation regarding finance and investment in science, technology, and innovation.
Article 8. Criteria for selecting of innovation tasks funded by state budget
1. Innovation tasks funded by state budget must fully satisfy the following general criteria:
a) Feasibility of objectives, content, methods, implementation plan, timeline, and total budget;
b) Complete and clear proposal documents specifying objectives, content, implementation plan, expected outcomes, financial plan, and capital structure (including counterpart funds, if any);
c) Ability to directly apply and impact, create economic efficiency or solve social problems, contribute to improving productivity, quality, competitiveness, environmental protection and sustainable development;
d) Compliance with requirements stated in the notification of competent state authorities;
dd) Compliance with laws on intellectual property, technology transfer, standards, technical regulations, safety, environment, and relevant laws;
e) The proposing organization must have sufficient conditions regarding facilities, human resources, finance, and a feasible implementation plan;
g) Content suitable for one of the types of tasks specified in Clause 3 of Article 5 hereof.
2. In addition to the general criteria in Clause 1, depending on the type of task specified in Clause 3, Article 5 hereof, the innovation task must also meet the criteria specified in one of the following points:
a) Technology innovation tasks must ensure the creation of new products, services, processes, or business models, or significant improvements compared to existing ones; accompanied by specific technical and economic indicators and applicability; and include at least one of the following activities:
Replacing part or all of the applicable technology with new, advanced, or high technology aimed at improving performance, added value, socio-economic effectiveness, environmental and ecological protection;
Mastering and localizing core or important technologies, reducing dependence on imported technology; scalable within the industry or sector;
Having lawful contracts, agreements, or commitments on technology transfer; the transferee has a suitable plan to receive, master, and develop products based on the transferred technology; in cases of purchasing ownership or use rights of technology, the transferee must provide proof in accordance with law.
b) Tasks on intellectual property development, productivity, and quality improvement must satisfy one of the following criteria:
The tasks are urgent, consistent with the objectives, program content, and orientations and plans for economic, social, scientific, technological and innovation development of each sector, field and administrative division;
Results or products are applied or solve practical problems, are sustainable, and capable of being maintained or scaled up after task completion;
Fully assessing the conditions of production lines, equipment, and processes; identifying bottlenecks, limitations, and improvement targets; proposing optimization solutions;
Developing and implementing equipment upgrade, renewal, and modernization plans; applying automation, digital technology, and advanced management systems;
Applying quality management systems and productivity improvement tools; having key performance indicators before and after intervention;
Implementing technical, management, and human resource development solutions to maximize technology capacity, reduce costs, save resources, improve product quality, and enhance competitiveness;
Organizing training, refresher training in operation, maintenance, and continuous improvement for relevant teams;
Task outputs include results of registration, protection, management, operation, valuation, development of intellectual property rights, refresher training, training, capacity building in intellectual property, and enhancing enforcement and anti-infringement.
c) Startup support tasks:
Have solutions to attract experts, investors, and large domestic or international enterprises to promote commercialization of products and services of startup enterprises;
Have solutions to mobilize or optimize resources from private sectors, venture capital funds, startup investment funds, international organizations, and startup support organizations;
Have solutions to improve capacity and strengthen linkage among ecosystem actors at local, national levels, and international connections;
Have a team of experts supporting startup or partners providing support in technology, intellectual property, legal, finance, management, marketing, and investment connection;
Have solutions to support information, communication, and trade promotion for startup enterprises and science and technology enterprises.
d) Loan interest subsidization tasks:
Projects or investment plans must be approved by competent authorities; must be approved for lending by credit institutions legally operating in Vietnam;
Investment projects or plans must include technology application, technology transfer, technology innovation, or innovation appropriate with contents specified in Clause 5 of Article 6 of the Decree elaborating and providing guidance on implementation of the Law on Science, Technology, and Innovation on finance and investment;
Investment projects or plans must align with priority orientations annually announced by National technology innovation fund and science, technology, and innovation development funds of ministries, central authorities, and local authorities (hereinafter referred to as the Fund), and the funding capacity of the innovation task management authority;
Priority technologies must be listed in the catalog of technologies encouraged for transfer, high technologies prioritized for development investment, or strategic technologies as prescribed by law.
dd) Tasks of support via vouchers:
New products or services must satisfy standards and technical regulations, have circulation permits or conformity certificates for market circulation;
Products and services have new elements in technology, features, business models or markets; priority is given to products and services created from technology listed in the catalog of technologies encouraged for transfer, high technologies prioritized for development investment, or strategic technologies; have the ability to replicate, commercialize or expand the market.
Article 9. Conditions for being considered for donation/commission to perform innovation tasks
1. Enterprises and organizations with juridical personality, functions, tasks, or business lines suitable to the professional field of the task, having adequate capacity to ensure timely and quality implementation, have the right to register for donation/commission to perform innovation tasks.
2. Enterprises and organizations are not eligible to register for donation/commission to perform innovation tasks in the following cases:
a) At the deadline for submission, the enterprise or organization has not completed making statement or refunded all recoverable funds for tasks funded by state budget according to decisions or official notices of competent authorities;
b) The enterprise or organization is suspended from implementing scientific, technological, and innovation tasks by competent authority due to violations against the law and is prohibited from registering for new donation/commission for a period of 01 year from the end of suspension as decided by the competent authority;
c) The presiding enterprise or organization is suspended from operation or prosecuted.
Article 10. Notification and call for proposals of innovation tasks
1. Notification and call for task proposals:
Periodically or unexpectedly, the innovation task management authority shall notify and call for proposals of innovation tasks on its website based on one or more of the following grounds:
a) Commission from political organizations, socio-political organizations, central and local state authorities, including urgent and arising tasks to address pressing practical development issues;
b) Priority orientations or specific requirements of the State to implement the socioeconomic development strategies and plans of the country or administrative divisions; development strategies and plans of sectors or fields; approved overall science, technology, and innovation development strategies and programs; annual funding sources and priority orientations of the Fund;
c) The ability to balance and allocate state budget and other financial resources in the planning year; when necessary, the management authority may announce the maximum subsidy from the state budget for each task group in the notification.
2. Deadline and address for receiving applications:
a) The call for proposals must specify the deadline and address for receiving applications on the website; if the schedule cannot be met, the notification shall be adjusted and reposted on the website;
b) Proposing organizations shall submit one set of original or certified copy electronically via the website, by post, or directly to the innovation task management authority. The receipt date shall be the date recorded on the website, the postmark (if sent by post), or the receiving stamp of the management authorities (if submitted directly);
c) The management authority shall receive, process, and store applications within the deadline specified in the call, ensuring transparency and openness.
3. Processing of task proposals:
a) Within 10 days from the deadline for receiving applications, the management authority shall check the completeness and validity of applications and notify in writing or via the website about the acceptance or refusal;
b) If an application is found invalid or inconsistent with orientation, resources, conditions, or timeline, the management authority will stop reviewing such application.
Article 11. Application for performance of innovation tasks
Enterprises or organizations registering for donation/commission to perform innovation tasks as stipulated in points a, b, and c Clause 3 Article 5 hereof must submit one complete application including:
1. Application form according to Form I.1, Appendix I attached hereto.
2. Task description corresponding to Forms I.2, I.3, I.4, and I.5, Appendix I attached hereto.
3. Documents proving the legal status of the proposing organization: Establishment decision or Operational charter approved by competent authority or equivalent documents.
4. Commitment letter from the proposing organization confirming receipt of only one funding source from the state budget for the same content of the innovation task according to Form I.6, Appendix I hereto.
5. Investment project dossier approved by competent authority at the investment decision stage for technology innovation tasks.
6. Other documents as required by the innovation task management authority.
Article 12. Review and approval of innovation tasks
1. Within 30 days from the date of confirming a valid application, the innovation task management authority shall organize review and approval of task. The innovation task management authority shall decide, review and approve innovation tasks in accordance with one of the following methods:
a) Self-review and approval;
b) Establishing a Review and Approval Council;
c) Hiring a consulting organization for review and approval.
2. For cases prescribed in Point a, Clause 1 of this Article, the innovation task management authority shall use its apparatus, human resources and resources to review and approve the task.
3. For cases prescribed in Point b, Clause 1 of this Article, the innovation task management authority shall establish an Innovation Task Review and Approval Council (hereinafter referred to as the Review and Approval Council) as follows:
a) The Review and Approval Council is established by the innovation task management authority, consisting of 7 to 9 members including President, Vice President(s), members, and secretary that are selected following the rules of ensuring independence, objectivity, are representatives of state regulatory authorities, experts, entrepreneurs, scientists, technology specialists, or finance specialists with appropriate expertise. Other cases shall be decided by the innovation task management authority;
b) Council members must have suitable competence, expertise, or experience relevant to field the investment project or plan; must have no conflicts of interest during the process of participating in the Review and Approval Council; must not be individuals or representatives of organizations involved in the task proposal or implementation; must not be under criminal prosecution or convicted without an unspent conviction, or have uncompleted administrative penalties in science, technology, and innovation;
c) The Council shall operate on rules of ensuring transparency, fairness, democracy, objectivity; meetings must have the attendance of at least two-thirds member including President or authorized Vice President; members must keep confidentiality and only use content of the application for assessment; opinions are discussed to reach collective conclusions;
d) The Council shall conduct assessment based on criteria in Clause 1 and one of points a, b, c Clause 2 Article 8 hereof; determine each content to be supported/subsidized, progress, expected outcomes, payment dossiers for each content;
d) The Review and approval Council shall work: in person, online or combined in person and online;
f) Working procedure:
Documents serving the meeting shall be sent to members online for in person at least 3 days before meeting;
The Council shall discuss and agree on each content of the innovation task, and votes by ballot for each content. In case the content of the innovation task has two-thirds (2/3) of the total number of votes “Passed” or more, that content is approved for donation/subsidization;
The Secretary of the Council shall summarize and publicize the voting results of the Council at the meeting, prepare the meeting minutes clearly stating the voting results, opinions of each member and conclusions on each content eligible for donation, time, progress and outputs, funding and subsidization levels and payment dossier for each content to be supported/subsidized;
If necessary, the Innovation task management authority shall establish another Review and Approval Council or consult an independent consultant before making a decision.
g) Forms of Council establishment decisions, assessment forms, meeting minutes shall be correspond to Forms I.7 to I.12 of Appendix I attached hereto.
4. For the form of review and approval prescribed in Point c of Clause 1 of this Article, the Innovation task management authority shall hire a consulting organization to review and approve the innovation task as follows:
a) The consulting organization must have juridical personality, capacity, expertise, and experience in assessing and consulting innovation contents;
b) Consulting and assessment of innovation content is carried out under a contract between the innovation task management authority and the consulting organization;
c) Responsibilities of the consulting organization: Ensure publicity, transparency, fairness, democracy, objectivity; comply with scientific integrity and professional ethics throughout the entire assessment process; must not disclose information or use the content of the application the scope of assessment; be accountable for information confidentiality as prescribed; be accountable to the law and competent authorities for professional quality and assessment results; In case of violations, all costs including remedial costs must be reimbursed and penalties must be imposed according to the contract and the law;
d) The consulting organization shall send a written petition to the innovation task management authority regarding the content to be funded/subsidized, time, progress and output results, funding and subsidization level, and payment dossier for each content, clearly stating the reasons;
d) The consulting organization shall be respond in writing upon request of the innovation task management authority.
5. Completion of application:
Within 3 working days from the date having the meeting minutes or consulting organization’s petition, the innovation task management authority shall notify the proposing organization to complete the application and submit it within 15 days from notification. If overdue, the innovation task management authority shall stop the review and approval of the task.
If the proposal is rejected, the innovation task management authority must inform the proposing organization.
Article 13. Appraisal of innovation task funding
Based on the review and approval results of the innovation task specified in Article 12 hereof, within 10 days, the innovation task management authority shall organize the appraisal of the funding for the innovation task according to the following contents:
1. Inspect the completion of the application by the presiding organization according to the review and approval results.
2. Assess the appropriateness of the estimated budget relative to the funded and subsidized contents as per the review and approval results. If necessary, the innovation task management authority may hire a unit to verify the task funding as prescribed
3. Review the subsidized contents and determine the subsidization rate or amount for each funded content.
4. Consider the suitability of the counterpart capital mobilization plan of the proposing organization to implement the task.
Article 14. Approval of innovation tasks
1. Within 10 days from the date of the appraisal results of innovation task funding specified in Articles 12 and 13 hereof, the head of the innovation task management authority shall review and approve the task according to Form I.13 of Appendix I attached hereto. The approval decision shall include: task name; expected results of each item; implementation duration; funding; presiding organization; and other contents as prescribed by the innovation task management authority.
If the head of the innovation task management authority is not the head of a public scientific and technological organization, they shall not approve grassroots-level innovation tasks.
2. Information about the approved tasks shall be publicly posted on the website, including: Task name; presiding organization; implementation period; and other contents as required by the innovation task management authority.
3. Cancellation of approval results
The innovation task management authority shall cancel the task approval decision in the following cases: The proposing organization commits forgery, fraud, or dishonesty in preparing the application or during inspection and assessment, the innovation task management authority detects violations.
4. When necessary and suitable to the innovation task management authority’s capacity, such authority may conduct a survey of the physical and technical facilities of the presiding organization before approving the task.
Article 15. Conclusion of donation/subsidization contracts and grant of funding for innovation tasks
1. Within 10 days from the date of task approval decision, the innovation task management authority shall sign a donation/ subsidization contract with the presiding organization to implement the task. The contract may be signed in paper form or electronically according to the Civil Code and Electronic Transactions Law, following Form I.14 of Appendix I attached hereto.
2. The donation contract between the innovation task management authority and the presiding organization shall include the following contents:
a) Information of contracting parties;
b) Implementation duration, maximum not exceeding 60 months;
c) Content, progress, and outputs of each task content;
d) Task funding;
dd) Conditions, procedures, and responsibilities of parties for contract revision (if any);
e) Disbursement and payment methods, payment dossiers corresponding to each funded/subsidized content;
g) Rights and obligations of parties;
h) Legal responsibilities in case of contract breaches and penalties;
i) Inspection and assessment;
k) Responsibility to provide data and reports as required by the innovation task management authority;
l) Other agreements (if any);
m) Implementation clauses.
3. Grant of funding:
a) State budget funding for innovation tasks shall be disbursed only when the presiding organization has provided complete and valid documents and records as stipulated in the contract;
b) Based on the donation/subsidization contract, the innovation task management authority shall allocate funds in accordance with applicable regulations on financial and state budget management.
Article 16. Inspection and assessment of innovation tasks
1. Inspection and assessment shall be conducted in one of the following cases:
a) At the request of the innovation task management authorities or competent authorities;
b) Cases when there are signs of violations against regulations on professional standards, content, finance, information, data, or case of failure to achieve the objectives or targets of the task, or upon petitions, complaints, denunciations, or requests from inspection, audit, or financial bodies;
c) Changes in the content, scope of the task, presiding organization, resources, or implementation plan;
d) Force majeure events that may seriously affect the results, effectiveness, or safety.
The assessment results shall serve as the basis for the innovation task management authority to grant funding each funded content or termination of contract.
2. The innovation task management authority or unit shall decide whether to self-organize or hire a consulting organization for inspection and assessment.
Article 17. Revision and termination of contracts for donation to perform innovation tasks
1. Revision of donation contracts
a) Contents that may be revised include: Implementation duration, content of implementation, information about the presiding organization (without changing the objectives or increasing the total approved state budget for subsidization);
b) Revision procedures:
The presiding organization shall submit a written revision proposal with relevant documents attached to the innovation task management authority;
The innovation task management authority shall review the application. If necessary, it may consult experts or obtain written opinions from relevant parties;
Within 15 days from receiving expert opinions and relevant parties’ comments (if any), the innovation task management authority shall decide to approve or reject the revision and notify the presiding organization to proceed with the signing of contract revision appendix or refuse to approve.
2. Contract termination during task performance
a) The donation contract may be terminated according to applicable laws and the terms agreed upon by the parties in the contract;
b) Contract termination application includes:
Application form from the presiding organization for termination of contract or suspension notice from the innovation task management authority;
Summary report of task performance results according to Form I.15, Appendix I attached hereto, specifying, completed contents/products, contents/products in progress and not yet implemented, condition, payment and statement of funds;
Other documents (if any);
c) Termination procedures
The innovation task management authority shall review the application; if necessary, they may consult experts or organize advisory councils to clarify the degree of completion of work, products of tasks, causes (subjective or objective);
Within 15 days from the date of receiving opinions from relevant parties (if any), the innovation task management authority shall decide to terminate the task performance, settle the funding and carry out contract settlement procedures.
Article 18. Statement of funds and settlement of contracts for donation to perform innovation tasks
1. Fund statement shall be made for each content of the contract separately, not on the entire contract;
2. The statement minutes for each content shall be signed at the time the innovation task management authority grant funds to the presiding organization;
3. Contract settlement shall be conducted after the final settlement of the funded content or upon contract termination as regulated in Clause 2 of Article 17 hereof.
Article 19. Inspection and assessment of innovation tasks
1. Determining the commission orientation
Based on directives from leaders of the Communist Party of Vietnam (CPV) and State, socio-economic development strategies and plans of the country, ministries, central and local authorities, innovation programs, and important, urgent, newly arising practical issues such as promptly overcoming or handling consequences caused by natural disasters, epidemics, fires, unexpected accidents, incidents or other force majeure events; disaster and epidemic management and control; protection of human lives; protecting State or community interests; and other social issues, ministries, ministerial agencies, government agencies, other central agencies, and provincial People’s Committees shall determine the commission orientation and announce the call for proposals for commission..
2. Determining the list of commissioned innovation tasks
Based on the results of commission proposals under Clause 1 of this Article, the innovation task management authority shall establish a Council to determine the list of commissioned innovation tasks.
3. Composition of the Council
a) Members of the Council shall be representatives of state regulatory authorities, enterprises, and experts with competence and expertise suitable to the issues to be commissioned;
b) The Council shall consist of 7 to 9 members including a President, Vice President(s), members, and a secretary. Otherwise, the number of members shall be decided by the innovation task management authority.
4. Working methods of the Council
a) The Council shall work operate through: In-person meetings; online meetings; or a combination of in-person and online meetings;
b) The Council meeting must have at least two-thirds (2/3) of total members attending, including the President or an authorized Vice President;
c) Members of the Council shall study documents provided by the innovation task management authority and preparing opinions on the issue to be commissioned;
d) The Council shall operate under the principles of democratic centralism, professional ethics, independence, honesty, objectivity, and ensuring scientific integrity. The Council shall discuss, reach consensus, and make conclusion. The Council’s conclusions shall be approved and recorded in minutes when more than two-thirds (2/3) of attending members agree.
5. Documents serving the Council Meeting
Documents shall be sent to Council members at least 5 working days before the meeting, including:
a) The decision to establish the Council according to Form I.7, Appendix I attached hereto;
b) Forms and appendices serving the opinion provision and assessment of conformity with the commission orientation;
c) Other relevant documents (if any).
6. Operation procedure:
a) The secretary shall announce the Council establishment decision;
b) A representative of the innovation task management authority shall summarize requirements for the Council;
c) The President shall preside over the meeting;
d) The Council shall elect one member as secretary to record discussions and prepare minutes;
dd) The Council shall discuss and agree on the list of proposed innovation tasks to be commissioned. The conclusion shall be approved when more than two-thirds (2/3) of attending members agree;
e) The Secretary shall summarize the results of the Council meeting, take minutes and approve them at the meeting.
7. Approval of the list of commissioned innovation tasks
Based on the results of Council meetings, ministries, ministerial agencies, government agencies, other central agencies, provincial People’s Committees shall approve the list of commissioned innovation tasks according to Form I.16, Appendix I attached hereto, and publicly announce the commissioned tasks on the innovation task management authority’s website and the National Science, Technology, and Innovation Management Digital Platform for capable organizations and individuals to register.
8. The funding for organizing the Council shall be covered by the recurrent expenditures for science, technology and innovation of the state budget assigned to the innovation task management authority for management and use.
9. Notification, review and approval for direct assignment and performance of commissioned innovation tasks shall be carried out in accordance with Articles 10, 11, 12, 13, 14, 15, 16, 17 and Article 18 hereof.
Section 2. LOAN INTEREST SUBSIDIZATION TASKS
Article 20. Loan interest subsidization tasks for the purposes of technology application, technology transfer, technology innovation, and innovation
1. Loan interest subsidization tasks for the purposes of technology application, technology transfer, technology innovation, and innovation shall be performed through the Fund.
2. Conditions for performance
a) The enterprise must have juridical personality, functions, tasks, or business lines suitable for the field of the investment project or plan, have sufficient capacity to perform such task, ensuring the progress and quality;
b) There must be a loan contract signed between a credit institution licensed to operate in Vietnam and the enterprise, accompanied by the investment project or plan dossier approved by the credit institution for lending; the purpose of the loan must be within the scope of subsidization; and a commitment to use the loan properly;
c) Submit reports, provide payment records, and comply with inspection and supervision by the Fund as required.
3. The content of loan interest subsidization shall comply with the Decree elaborating and providing guidance on the implementation of the Law on Science, Technology and Innovation on finance and investment in science, technology, and innovation.
4. The regulations specified in Articles 9, 10, 11, 12, 13, 14, 15, 16, and 17 hereof do not apply to the loan interest subsidization tasks.
Article 21. Duration and level of subsidization
1. The time limit of interest subsidization for loans to implement investment projects or plans shall be from the date the Fund approves the subsidization until the enterprise completes its repayment obligations to the credit institution, but not exceeding 5 years and with at least 12 months remaining on the loan term at the time the repayment obligation is fulfilled.
2. Loan interest subsidization level
The loan interest subsidization level for investment projects or plans shall be 50% of the loan interest rate according to the signed loan contract between the credit institution and the enterprise but shall not exceed 6% per year. If necessary, the Fund may consider and decide to adjust the loan interest subsidization level and report to the immediate superior state regulatory authority.
Article 22. Performance procedure
1. The Fund shall select reputable, capable credit institutions with suitable conditions to sign agreements to perform the loan interest subsidization task, including the following main contents:
a) Cooperate with the Fund in disseminating and popularizing the policy of loan interest subsidization for enterprises executing projects involving technology application, technology transfer, technology innovation, and innovation;
b) Disburse, monitor, and control the use of loan capital by enterprises in accordance with credit laws; promptly notify the Fund of any misuse of loan capital and cooperate with the Fund in handling such cases as prescribed herein;
c) Open a dedicated account for the Fund at the credit institution to receive interest subsidies from the Fund.
2. Annually, based on the Fund’s requirements and plans, the Fund shall publicly announce on its website the contents, priority orientations, levels, conditions, and criteria for subsidization.
3. Receipt of applications for loan interest subsidization:
Enterprises or organizations shall submit an application, including:
a) Loan interest subsidization application form according to Form II.1, Appendix II attached hereto;
b) Description of the loan interest subsidization request according to Form II.2, Appendix II, providing full information to clearly determine the technology application, technology transfer, technology innovation, or innovation of the investment project or plan;
c) Loan contract signed between the credit institution and the enterprise, accompanied by the investment project or plan dossier approved by the credit institution for lending;
d) Commitment letter to provide information and execute the investment project or plan according to Form II.3, Appendix II attached hereto.
4. Within 10 days from the deadline for receiving applications, the Fund shall check the completeness and validity of applications and notify in writing or via the website about the acceptance or refusal; If necessary, the Fund shall conduct field surveys to verify information for review and decision-making.
5. Review and approval of applications for loan interest subsidization:
a) Applications for loan interest subsidization shall be reviewed and approved by one of the following methods:
The Fund shall organize the review and approval;
The Fund shall establish a Review and Approval Council;
The Fund shall hire a consultant;
The Fund shall hire a consulting and assessing organization.
b) If the Fund self-organize the review and approval as specified in point a of this Article, the Fund shall its own apparatus, personnel, and resources to review and approve applications.
c) In cases of establishment of a Review and Approval Council as specified in point a of clause 5 of this Article, the organization and operation of the Council shall comply with the following regulations:
The Fund shall establish a Council of 7 to 9 members including the President, Vice President, members, and secretary that are selected following the rules of ensuring independence and objectivity;
The Council members must have suitable competence, expertise, or experience relevant to the field of investment project or plan; must have no conflicts of interest during the process of participating in the Review and Approval Council; must not be individuals or representatives of organizations involved in the task proposal or implementation; must not be undergoing criminal investigation or have unspent conviction, or have uncompleted administrative penalties in science, technology, and innovation;
Operational rules of the Council: The Council meeting must have at least two-thirds (2/3) of members attending, including the President or Vice President; discussions are held to reach collective conclusions; members must ensure transparency, fairness, democracy, objectivity, scientific integrity, and professional ethics during the assessment; confidentiality of information in the application must be protected, and such information must not be used for purposes aside from assessment; participants shall be accountable to the law and competent authorities for professional quality and results;
The Council shall conduct the assessment according to the criteria specified in Clause 1 and Point d of Clause 2 of Article 8 hereof;
The Council may conduct offline meeting, online meeting or a combination of both online and offline meeting;
The Council shall discuss and agree on each content of the loan interest subsidization application voted by ballot. In case the content has two-thirds (2/3) or more of the total number of votes “Passed”, that content is approved for loan interest subsidization;
The Secretary of the Council shall consolidate and publicize the voting results of the Council at the meeting, prepare the meeting minutes clearly stating the conclusions on the contents, items eligible for loan interest subsidization, the total loan capital eligible for interest subsidization, the level of loan interest subsidization, the time limit of loan interest subsidization and other contents as required by the Fund; The meeting minutes must clearly state the opinions of each member and the general conclusion on agreeing or disagreeing with loan interest subsidization, with reasons;
The decision to establish the Council shall be made according to Form No. I.7 of Appendix I attached hereto; the assessment forms and meeting minutes shall be made according to Forms No. II.4 and II.5 of Appendix II attached hereto.
d) For cases where the Fund hires a consultant for review and approval as specified in point a of clause 5 of this Article:
The Fund shall hire independent experts to assess and give advice on loan interest subsidization applications based on the assessment criteria specified in Clause 1 and Point d of Clause 2 of Article 8 hereof; the assessment form for the independent expert shall comply with Form II.4 in Appendix II attached hereto;
Independent experts must satisfy the eligibility requirements for council members as prescribed in Point c of Clause 5 of this Article.
The assessment by an independent expert must ensure transparency, fairness, democracy, and objectivity; adhere to scientific integrity and professional ethics throughout the assessment process. They must not disclose information or use information in the application for purposes aside from such assessment; and be accountable to competent authorities for the professional quality and results of the assessment.
The independent expert shall make conclusion on the contents and items eligible for loan interest subsidization, total loan amount eligible for subsidization, subsidization level, subsidization duration, and other contents as requested by the Fund; propose whether to approve or reject such subsidization, including reasons.
dd) For cases where the Fund hires a consulting and assessment organization for review and approval as specified in point a of clause 5 of this Article:
The consulting and assessment organization must have juridical personality, capacity, expertise, and experience in assessing and consulting innovation contents;
Consulting and assessment of innovation content is carried out under a contract agreement between the Fund and the consulting and assessing organization;
Responsibilities of the consulting/evaluation organization: Ensure transparency, fairness, democracy, and objectivity; adhere to scientific integrity and professional ethics throughout the assessment process; ensure confidentiality of information or only use information in the application for assessment; and be accountable to competent authorities for the professional quality and results of the assessment.
The consulting and assessment organization shall make conclusion on the contents and items eligible for loan interest subsidization, total loan amount eligible for subsidization, subsidization level, subsidization duration, and other contents as requested by the Fund; propose whether to approve or reject such subsidization, including reasons.
Submit a report on the review and approval of loan interest subsidization applications by the consulting and assessment organization following Form II.6 in Appendix II attached hereto.
e) The time limit for review and approval is 30 days from the date the Fund receives and verifies the completeness and validity of the loan interest subsidization applications.
6. Approval of loan interest subsidization and public announcement of results:
a) Within 10 days, based on the results of the assessment mentioned in Clause 5 of this Article and review of loan interest subsidization applications, the Fund shall decide the approval of the loan interest subsidization following Form II.7 in Appendix II attached hereto.
b) The decision on approval of the loan interest subsidization shall be publicly announced on the Fund’s website.
7. Signing of loan interest subsidization contracts with credit institutions and enterprises:
a) Within 3 days from the date of approval, the Fund shall sign the loan interest subsidization contract with the credit institution and the enterprise. The contract may be signed in paper form or electronically according to the Civil Code and Electronic Transactions Law, following Form II.8 of Appendix II attached hereto.
b) The dossier on loan interest subsidization contract shall include:
The Decision on approval of loan interest subsidization and attached documents:
The draft contract agreed upon by the parties.
c) The loan interest subsidization contract between the Fund, credit institution, and enterprise shall include the following contents:
Information of contracting parties: the Fund, credit institution, and enterprise;
Content eligible for subsidization, result of the subsidization; loan amount eligible for subsidization;
Interest subsidization level;
Subsidization duration;
Disbursement and payment methods;
Rights and obligations of the parties;
Contract amendment(s);
Contract termination;
Supervision and violation handling;
General commitments;
Implementation clauses.
8. The Fund shall disburse interest subsidies:
a) The Fund shall directly transfer the loan interest subsidies to the dedicated account of the credit institution in each interest payment period agreed upon between the credit institution and the enterprise based on the debt collection notification from the credit institution after the enterprise has fulfilled its repayment obligations to the credit institution.
b) The disbursement dossier includes: Loan interest subsidization contract; credit contract; acknowledgment of debt (AOD); debt collection notification of the bank, proof of enterprise’s debt repayment to the credit institution, relevant documents and other papers as required by the Fund.
9. Supervision of execution of investment projects/plans
a) Supervision of loan interest subsidization shall be conducted according to commitments in the subsidization contract to ensure the subsidy is used for the intended purpose;
b) Supervision can be regular, mid-term, or ad hoc.
c) Forms of supervision include:
For regular supervision, the Fund shall monitor the enterprise’s debt repayment to the credit institution;
For mid-term or ad hoc supervision, the Fund shall cooperate with the credit institution to conduct on-site supervision at the location of executing the investment project or plan;
The Fund may self-conduct supervision or hire organizations to perform the supervision.
d) Contents of supervision include:
Whether the enterprise receiving loan interest subsidy complies with commitments in the subsidization contract;
Other supervision contents in line with the rights and obligations of the Fund, credit institution, and enterprise receiving the subsidy.
dd) In case the enterprise does not use the loan capital for the intended purpose, the Fund has the right to unilaterally terminate the loan interest subsidization contract.
10. Assessing the effectiveness of the loan interest subsidization and updating it on the Fund’s monitoring system:
a) The enterprise receiving loan interest subsidy shall provide reports and information on results of investment project or plan for at least 3 years from the date of subsidization contract finalization, using Form II.9 in Appendix II attached hereto.
b) The Fund shall urge and consolidate information on the results and effectiveness of the subsidized investment projects and plans.
Section 3. TASKS OF SUPPORT VIA VOUCHERS
Article 23. Tasks of support via vouchers
1. Development of plans and estimates, allocation of implementation fund
a) Annually, based on the objectives and directions of operations, the Fund shall estimate the number and budget for voucher programs and consolidate and include them into the overall budget estimate for funded, subsidized, and commissioned innovation tasks of the Fund as prescribed in Article 7 hereof.
b) Periodically or unexpectedly, the Fund shall survey the needs and orientations for priority fields based on the annual socio-economic development plans of the country, ministries, central authorities and local authorities to consolidate documents to serve the council specified in Point c of this Clause;
c) Based on the annual allocated budget, the Fund shall establish a council to determine the list of voucher programs and allocate funds for each program.
d) The composition, working methods, and documents for council meetings shall comply with Clauses 3, 4, and 5 of Article 19 hereof.
dd) Operation procedure of the Council:
The secretary shall announce the Council establishment decision;
A representative of the Fund shall summarize requirements for the Council;
The President shall preside over the meeting;
The Council shall elect one member as secretary to record discussions and prepare minutes;
The Council shall discuss, reach consensus, and make conclusion on the following main contents: Number of programs; names, objectives, fields, directions of new products and new services; estimated budget for each program; and other requirements of the Fund. The council’s conclusion shall be recorded in minutes according to Form III.1 in Appendix III attached hereto and approved at the meeting.
e) Based on the council’s conclusion, the Fund shall approve the list of voucher programs and organizes implementation.
2. Objectives and rules for support
a) Objectives
The Fund shall grant vouchers to promote innovation activities and product commercialization by enabling enterprises’ access to market and encouraging users to experience new products and services.
b) Rules for support include:
The grant of vouchers shall be implemented through voucher programs;
Each provider of new products or new services shall receive support for no more than 3 types of new products or services within one financial year;
Voucher programs must clearly determine priority directions for supporting new products and services; criteria for selection of new products and services; target providers; scope and duration of implementation; support levels; payment regulations; program result requirements; total estimated budget; and other requirements of the Fund;
The regulations specified in Articles 9, 10, 11, 12, 13, 14, 15, 16, and 17 hereof do not apply to tasks of support via vouchers.
3. Requirements for new products and new services
a) Have been produced, meet technical standards and regulations, licensed for market circulation, and comply with applicable laws for market circulation;
b) Have new elements regarding technology, features; business model or application market;
c) Have a feasible commercialization plan or business plan proving market demand;
d) Prioritize products and services created from technologies in the list of technologies encouraged for transfer, high technology, or strategic technology; products and services with potential for wide replication, broad application, or international market expansion.
4. Eligible providers of new products and services (Providers)
a) Startup enterprises, science and technology enterprises, high-tech enterprises, strategic technology enterprises, and other organizations or enterprises meeting criteria in the voucher program;
b) Providers shall ensure and be accountable to the law for the legitimacy, intellectual property rights, technical standards, safety, environment, consumer rights, and honesty of data, documents, and evidence provided; in case of violations or false declarations, they must refund all subsidies and subject to penalties as prescribed.
5. Form of grant, support level, and validity period of vouchers
a) Vouchers must be granted by the Fund on its website or digital platform. The Fund shall report and provide information on voucher programs to the National technology innovation fund upon request for consolidation and state management purposes.
b) Vouchers are used to provide a discount for new products and new services as specified in the program and cannot be used for other products or services.
c) The reference price of new products and services for voucher programs shall be the publicly posted selling price by the provider at the time nearest to the application submission date. The provider must submit information and documents on the public announcement and posting of this selling price in the support application and be accountable to the law for the information provided; The Fund shall then review and decide on the price of new products and new services applied in the voucher program, which is not higher than the announced price. The provider is responsible for publicly disclosing and applying the selling price of new products and services approved by the Fund until the end of the voucher program.
d) Vouchers are valid for a maximum of 12 months from the issuance date. When issuing the voucher, the Fund must announce the validity period; vouchers become invalid after expiration.
dd) Vouchers must clearly state the following information: program name; name and selling price of the approved new product or service; voucher value; validity period; and other information as required by the Fund.
Article 24. Development and execution of voucher programs
1. Development of the framework of voucher programs
a) Based on the approved list of voucher programs, the Fund shall establish a Council to define the framework for each voucher program;
b) The composition, working methods, and documents for council meetings shall comply with Clauses 3, 4, and 5 of Article 19 hereof.
c) Operation procedure:
The secretary shall announce the Council establishment decision;
A representative of the Fund shall summarize requirements for the Council;
The President shall preside over the meeting;
The Council shall elect one member as secretary to record discussions and prepare minutes;
Based on Article 23 hereof, the Council shall discuss, reach consensus, and make conclusion on the contents of program framework including: List of new products and services expected to be supported; conditions for selection of new products and services; criteria for selection of providers; scope and schedule for announcement for receiving applications for review; scope and schedule of program execution and expected results; payment regulations; and other requirements of the Fund. The council’s conclusion shall be recorded in minutes according to Form III.2 in Appendix III attached hereto and approved at the meeting.
d) Approval of the framework of voucher programs
Based on the Council’s operation results, the Fund shall approve the voucher program framework and publicly announce it on the Fund’s website or digital platform as prescribed in Point a of Clause 5 of Article 23 hereof, allowing qualified organizations and individuals to register for participation. The approved program framework content shall follow Form III.3 in Appendix III attached hereto
2. Procedures for reviewing and approving providers of new products and services
a) Providers with new products or services shall submit application for participation in the voucher program, including:
Application form for participation in the voucher program according to Form III.4 in Appendix III attached hereto;
Legal dossiers of the provider;
Technical information, warranty, and maintenance conditions of the new products or services;
Selling price of the new product or service publicly posted nearest before the application submission date; documents proving the public posting of the selling price;
Documents proving that the new products or services meet conditions and are permitted for market circulation under the law;
Other documents as required by the voucher program framework.
b) Within 10 days from the deadline for the application submission as prescribed in the approved voucher program framework, the Fund shall receive, verify completeness and validity; conduct actual inspections (online or onsite) if necessary; and consolidate valid applications.
If the application lacks required contents per Point a of Clause 2 of this Article, the Fund shall stop processing and notify the applicant.
c) Assessment, review and approval of providers and new products/services:
The Fund shall establish a Review and Approval Council under the provisions at Points a, b, c, dd, and e of Clause 3 of Article 12 hereof to assess providers and new products/services. The decision to establish the Council according to Form I.7, Appendix I attached hereto;
Contents of assessment of the Council shall include: The compliance with conditions in Clauses 3 and 4 of Article 23 hereof; assessment of compliance with the approved voucher program framework at Point d of Clause 1 of this Article; and other requirements of the Fund specified in the approved program;
Assessment results shall be recorded in the meeting minutes of the Council, concluding the selected list of names, technical information, warranty and maintenance terms of new products and new services proposed to be selected for the voucher program; list of corresponding providers; proposed total support budget of the program, value, validity of vouchers in the program and other contents as required by the Fund. The assessment form and meeting minute shall follow Forms III.5 and III.6 in Appendix III attached hereto;
The time limit for assessment is 30 days from the date the Fund receives and verifies the completeness and validity of the applications for participation in the voucher program.
3. Approval of the framework of voucher programs
a) Within 10 days, based on the meeting minutes of the Review and Approval Council specified in Point c of Clause 2 of this Article and negotiations with providers, the Fund shall decide the approval of voucher programs with main contents including:
List of new products and services selected for the program; criteria and conditions of new products and services; technical information, warranty, and maintenance terms;
Names of providers of new products and services;
Allocated budget for the program;
Voucher value and validity;
Methods of implementing and managing vouchers;
Payment and finalization methods with providers of new products and services;
Regulations on program completion assessment according to approved contents and objectives.
The Fund’s decision to approve the voucher program shall follow Form III.7 in Appendix III attached hereto and be publicly announced on the Fund’s website.
b) Based on practical implementation and stakeholders’ needs, the Fund has the right to adjust voucher programs and signed contracts with providers.
4. Conclusion of contracts with providers of new products and services
Based on the voucher program approval decision, within 10 days from the approval date, the Fund shall sign Voucher Implementation Contracts with providers according to Form III.8 in Appendix III attached hereto. The Fund may add other terms based on practical factors and conditions as long as they comply with the law.
The Fund may sign contracts individually with each provider or collectively with providers participating in the same voucher program.
5. Direct management and use of vouchers
Periodically, the Fund shall approve voucher use plans for providers according to the following rules:
a) At the beginning of the first period, based on the voucher use proposal and the conditions and resources of the Fund, the Fund shall approve the voucher use plan for providers during the period;
b) At the beginning of the subsequent periods, the Fund shall approve voucher use plans based on providers’ proposals for the next period and the actual payment and use of vouchers in prior periods;
c) At the beginning of the final period of the validity period of vouchers, the Fund shall the use plans based on providers’ proposals, actual payments and use of vouchers in prior periods, and the remaining total budget of the program;
d) The budget of the voucher program shall be periodically and publicly updated on the Fund’s website.
6. Management and use of vouchers on a digital platform
a) Within no more than 2 years from the Fund’s commencement, the Fund must build and deploy a digital platform for voucher management and use.
b) The management and use of vouchers on the digital platform must ensure transparency and openness, track voucher issuance, use, and payment status and help managing new products and services, providers, and users.
c) The Fund shall develop and issue regulations on managing and operating the digital platform and report to its superior managing authority.
7. Voucher payment
a) Periodically, providers submit voucher payment dossiers to the Fund in accordance with Point c of this Clause.
b) If the provider uses more vouchers than the quantity approved by the Fund periodically as prescribed in Clause 5 of this Article, the Fund will only pay up to the approved quantity; excess usage shall be included in the plan for the next period. For the final period, the Fund shall not pay for excess usage beyond the approved quantity.
c) The payment dossier shall include:
Voucher payment request form according to Form III.9 in Appendix III attached hereto;
Voucher usage report of the provider according to Form III.10 in Appendix III attached hereto;
Invoices; contracts, orders, payment records of organizations or individuals using the new products or services (if any).
8. Assessment
a) The Fund shall organize the assessment of program completion as regulated in the voucher program approval decision.
b) Assessment results shall be publicly announced on the Fund’s website or digital platform.
Section 4. NATIONAL INNOVATION PROGRAMS
Article 25. Rules for developing national innovation programs
1. National innovation programs include:
a) National programs issued by the Minister of Science and Technology, including:
National program on technology innovation;
National program on startups;
National program on intellectual property development, improvement of productivity, product quality;
Other national programs.
b) Other national innovation-related programs approved by competent authorities.
2. The development of national innovation programs must comply with the following rules:
a) Align with the guidelines, policies of the Communist Party of Vietnam (CPV), and State laws; associate with socio-economic development strategies, development plans of the sectors and fields, as well as national overall strategies and plans on science, technology, and innovation in each period;
b) Have specific objectives, measurable outputs, and investment efficiency; ensure feasibility in implementation, monitoring, and assessment;
c) Prioritize programs focusing on strategic technologies and key technologies with potential breakthroughs in productivity, quality, growth model innovation, national competitiveness, and proactive participation in global value chains;
d) Encourage proactive participation of enterprises and organizations; strengthen contributions of technology and innovation to socio-economic development.
3. The Ministry of Science and Technology is responsible for developing an overall plan for national innovation programs for each phase, ensuring effective cooperation among central authorities, authorities in different fields, local authorities
Article 26. Development and approval of national innovation programs
1. The Ministry of Science and Technology, ministries, ministerial agencies, government agencies, and other central agencies shall, within their jurisdiction, take charge in developing proposals for national innovation programs suitable to the strategies, development plans of sectors and fields, and practical requirements.
2. Procedures for proposing and appraising programs:
a) Proposals from ministries, ministerial agencies, government agencies, and other central agencies shall be sent to the Ministry of Science and Technology for consolidation, assessment, and appraisal;
b) The Ministry of Science and Technology shall take charge in appraising the program content; if necessary, consult experts, organize advisory councils, and consult relevant ministries and central authorities;
c) The Ministry of Science and Technology shall approve and organize the execution of programs under its management. Other ministries, ministerial agencies, government agencies, and central agencies shall approve and organize program execution after receiving appraisal opinions from the Ministry of Science and Technology.
3. Contents of approved program:
The approved program must include the following main contents:
a) Program name;
b) Specific and measurable objectives;
c) Content and scope of implementation;
d) Expected main outputs;
dd) Presiding authority;
e) Program implementation schedule;
g) Estimated total budget, capital structure (central government budget, local government budget, counterpart capital, social capital, etc.);
h) Conditions ensuring program implementation, mechanisms for coordination, monitoring, and assessment.
Article 27. Execution of national innovation programs
1. The Ministry of Science and Technology, ministries, ministerial agencies, government agencies, and other central agencies shall take charge in executing national innovation programs after they have been issued.
2. Annually, relevant ministries, ministerial agencies, government agencies, and other central agencies shall develop specific implementation plans for the tasks under the program, ensuring alignment with the approved objectives and contents, and complying with applicable regulations on managing innovation tasks.
3. Mobilization of resources for execution
Ministries, central authorities, local authorities, and units in charge of program execution are encouraged to:
a) Mobilize diverse financial resources from central government budget, local government budgets, counterpart capital from participating enterprises and organizations, and other lawful funding sources;
b) Promote public-private partnerships in executing program tasks, especially those with potential for significant impact;
c) Integrate and cooperate with other relevant programs and tasks to optimize resource utilization efficiency.
Article 28. Assessment and reporting on results of execution of national innovation programs
1. The Ministry of Science and Technology, ministries, ministerial agencies, government agencies, and other central agencies in charge of program execution shall:
a) Organize assessments of results and effectiveness of program execution annually, by phase, and according to the progress of approved objectives;
b) Fully update information, data, and reports on assessments on the National Science, Technology and Innovation Management Digital Platform or corresponding information systems according to regulations of the Ministry of Science and Technology.
2. The Ministry of Science and Technology shall perform inspection, supervision, and assessment of programs, including:
a) Mid-term assessments during program execution to promptly adjust objectives, contents, and methods for execution (if necessary);
b) Final assessments to determine the completion level of the objective, output effectiveness, and program impact;
c) Organizing surprised or ad hoc inspections and assessments upon request by competent authorities.
3. Results of periodic, mid-term, final, and post-program assessments shall serve as the basis for:
a) Adjusting objectives, contents, scope, or duration of program execution (if any);
b) Early termination of programs if they are no longer appropriate;
c) Considering the development of subsequent programs or proposing science, technology, and innovation development policies for the following phase.
CRITERIA FOR IDENTIFYING AND RECOGNIZING INNOVATIVE ORGANIZATIONS/INDIVIDUALS, ORGANIZATIONS/INDIVIDUALS SUPPORTING INNOVATION AND STARTUPS
Section 1. CRITERIA FOR IDENTIFYING AND RECOGNIZING INNOVATION ORGANIZATIONS/INDIVIDUALS, ORGANIZATIONS/INDIVIDUALS SUPPORTING INNOVATION AND STARTUPS
Article 29. Criteria for identifying innovation centers
1. Innovation centers are organizations engaging in innovation, startups, innovation support, and startup support as prescribed in Article 47 of the Law on Science, Technology, and Innovation. They have the goal of connecting, gathering, and mobilizing domestic and international resources to support organizations, enterprises, and individuals in innovation activities; provide services, infrastructure, and solutions to promote technology application, technology transfer, technology innovation, new product development, use and commercialization of intellectual property rights, productivity improvement, digital transformation, and development of startup enterprises, and, at the same time, connect and develop the innovation ecosystem.
2. They perform the following main activities:
a) Surveying, collecting, and analyzing the demand for technology application, technology transfer, technological innovation, digital transformation, productivity improvement, and new product development of organizations, enterprises, and individuals;
b) Consulting and proposing innovative solutions suitable for each subject, including technology, organizational-production-business models, intellectual property rights, and resource mobilization methods;
c) Organizing activities to connect technology supply and demand, connecting experts, scientific and technological organizations, institutes, schools, enterprises, and relevant domestic and international parties to serve innovation;
d) Implementing activities to support technology application, technology transfer, technological innovation, process improvement, application of systems for management of quality and digital transformation;
dd) Developing and providing innovation support services, including Technology demonstration, technology testing – assessment, training, refresher training, technical workshops and consulting, provision of infrastructure and equipment/devices for research – development – product innovation;
e) Organizing technology incubation and startup incubation activities; supporting startup enterprises to complete products, services, business models, develop strategies, and access markets;
g) Supporting organizations, enterprises, and individuals in protection, administration, use, and commercialization of intellectual property rights; consulting on valuation of intellectual property rights and accessing financial mechanisms based on intellectual property rights;
h) Developing innovation systems, startup ecosystems, promoting innovation and startup culture;
i) Developing and maintaining databases and information systems to support innovation and technology transfer activities.
3. They have technical infrastructure satisfying the requirements for implementation of innovation, innovation support, and innovative startup support appropriate to the sector, field, and locality:
a) Having working and connection spaces such as offices, conference rooms, consulting and connection spaces, technology demonstration and exhibition spaces;
b) Having digital and data infrastructure such as Internet access, expert databases, and technology databases;
c) Having common utilities and services.
4. Regarding resources and capacity for implementation:
a) They have at least 07 tenured employees, with at least 50% being holder of a bachelor’s degree or higher and possessing expertise suitable for the sector/field, who directly perform innovation, innovation support, and startup activities;
b) They have made a pledge to cooperate with experts and advisors in matters related to technology, legal issues, intellectual property, finance, and investment;
c) They have a network connecting research institutes, higher education institutions, scientific and technological organizations, investment funds, and enterprises in the field of operation.
5. Annual operation results
a) They have assisted at least 10 enterprises in carrying out one of the activities: technology application, technology transfer, technological innovation, technological creativity, or technology efficiency improvement;
b) They have assisted at least 10 startup individuals, groups of individuals, and/or enterprises in participating in training programs, courses, and workshops on startups;
c) They have archived revenue directly from the results of technology application, technology transfer, technological innovation, technological creativity, or technology efficiency improvement of at least 5 billion VND (Vietnamese Dong).
Article 30. Criteria for determining a provincial innovation center
1. Satisfy the criteria specified in Clauses 1 and 2 of Article 29 hereof.
2. Regarding resources and capacity for implementation:
a) Have at least 15 tenured employees, with at least 50% being holder of a bachelor’s degree or higher and possessing expertise suitable for the sector/field, who directly perform innovation, innovation support, and startup activities;
b) Have made a pledge to cooperate with experts and advisors in matters related to technology, legal issues, intellectual property, finance, and investment;
c) Have a network connecting research institutes, higher education institutions, scientific and technological organizations, investment funds, and enterprises in the field of operation;
d) Have the capacity to connect, assist, and cooperate with enterprises, organizations, professional associations, and innovation and startup networks at provincial, regional, and national levels.
3. Regarding annual operation results
a) Have assisted at least 30 enterprises in carrying out one of the activities: technology application, technology transfer, technological innovation, technological creativity, or technology efficiency improvement;
b) Have assisted at least 10 startup individuals, groups of individuals, and/or enterprises in participating in training programs, courses, and workshops on startups;
c) Have achieved revenue directly from consulting and assistance activities related to technology application, technology transfer, technological innovation, technological creativity, or technology efficiency improvement of at least 5 billion VND (Vietnamese Dong).
Article 31. Criteria for determining a national innovation center
1. Satisfy the criteria specified in Clauses 1 and 2 of Article 29 hereof.
2. Regarding resources and capacity for implementation:
a) Have at least 30 tenured employees, with at least 50% being holder of a bachelor’s degree or higher and possessing expertise suitable for the sector/field, who directly perform innovation, innovation support, and startup activities;
b) Have made a pledge to cooperate with experts and advisors in matters related to technology, legal issues, intellectual property, finance, and investment;
c) Have a network connecting research institutes, higher education institutions, scientific and technological organizations, investment funds, and enterprises in the field of operation;
d) Have the capability to assist the development and creation of new technologies, products, services, or business models, or improvements that play an important role in the development of socio-economy, national defense, security, and addressing issues related to many industries, fields, and regions nationwide;
dd) Have the capacity to connect, assist, and cooperate with organizations, professional associations, and innovation and startup networks both domestically and internationally.
3. Regarding annual operation results
a) Have assisted at least 50 enterprises in carrying out one of the activities: technology application, technology transfer, technological innovation, technological creativity, or technology efficiency improvement;
b) Have assisted at least 30 startup individuals, groups of individuals, and/or enterprises in participating in training programs, courses, and workshops on startups;
c) Have archived revenue directly from consulting and assistance activities related to technology application, technology transfer, technological innovation, technological creativity, or technology efficiency improvement of at least 5 billion VND (Vietnamese Dong).
Article 32. Criteria for determining a startup support center
1. Startup support centers are types of organizations engaging in innovative startup support as prescribed in Article 47 of the Law on Science, Technology and Innovation, aiming to support startup enterprises, forming and developing innovative business models based on technology, breakthrough ideas, or new business models implemented by individuals, groups of individuals, or organizations; providing services, infrastructure, and solutions to connect, develop networks, and promote the development of the startup ecosystem.
2. They perform the following main activities:
a) Consulting and proposing startup solutions suitable for each subject, including legal matters, technology, business model, intellectual property rights, investment connection, and fundraising;
b) Organizing contests, forums, fairs, networking activities, promotion, technology demonstration, and introduction of startup products to investors, experts, scientific and technological organizations, institutes, schools, enterprises, and relevant domestic and international parties to serve startup activities; Building and developing networks of domestic and international startup entities y; promoting the formation of startup ecosystems at all levels;
c) Implementing activities of incubation and acceleration of startups, startup support, including: Supporting product completion; market testing; understanding and developing domestic and foreign markets; supporting support organizations, enterprises, and individuals in participating in domestic and international events and contests;
d) Developing and providing services, infrastructure, and solutions to support startups, including: Providing common working spaces, legal – financial consulting, training – skill development, infrastructure and equipment/devices for research and product development, market testing; providing solutions to support startups on digital and digital transformation platforms;
dd) Supporting startup enterprises, individuals, and organizations in protecting, managing, using, and commercializing intellectual property rights; consulting on intellectual property valuation and accessing financial mechanisms based on intellectual property rights; supporting the implementation of services related to standards, measurement, and quality; supporting access to preferential policies and state programs for startup support;
e) Building and maintaining databases, platforms, and information systems to serve startup activities; annually preparing reports on startup activities.
3. Regarding technical infrastructure
a) They have common working space with a suitable area arranged flexibly for startup individuals, groups of individuals, and/or enterprises to use, accommodating at least 10 simultaneous workstations;
b) They have a separate area for or cooperate in organizing events, training, thematic seminars, and investor connection activities with a minimum scale of 30 people, equipped with standard projection, sound, and lighting systems;
c) They have a high-speed internet system, digital management platforms (software for space management, event scheduling, consulting services), and basic equipment/devices for work and product demonstration.
4. Regarding resources and capacity for implementation
a) They have at least 07 staff directly working to support startups, with at least 04 holders of bachelor’s degree or higher suitable for the sector/field of operation;
b) They have a list of at least 10 experts regularly cooperating to support startups, active in fields such as technology, business, investment, intellectual property, law, finance, and marketing;
c) They have the capacity to connect, support, and cooperate with domestic startup organizations and networks.
5. Annual operation results: They have assisted at least 3 startup projects; 10 individuals or 4 groups of individuals or 4 startup enterprises through capacity-building training, incubation, startup acceleration, provision of legal, financial, marketing, and communication services for startups; or investment connection with capital commitments of at least 3 billion VND (Vietnamese Dong) within the last 2 years.
Article 33. Criteria for determining a provincial startup support center
1. Satisfy the regulations specified in Clauses 1 and 2 of Article 32 hereof.
2. Regarding resources and capacity for implementation:
a) Have at least 15 staff directly working to support startups, with at least 08 holders of bachelor’s degree or higher suitable for the sector/field of operation;
b) Have a list of at least 20 experts regularly cooperating to support startups, active in fields such as technology, business, investment, intellectual property, law, finance, and marketing;
c) Have the capacity to connect, support, and cooperate with domestic startup organizations and networks.
d) Have the capability to assist the development and creation of new technologies, products, services, or business models that play an important role in the development of local socio-economy, national defense, and security;
dd) Have the capability to mobilize and manage funding sources and support capital from the state and private sectors to implement local startup support activities.
3. Regarding annual operation results: Have assisted at least 10 startup projects; 30 individuals or 15 groups of individuals or 10 startup enterprises through capacity-building training, incubation, startup acceleration, provision of legal, financial, marketing, and communication services for startups; or investment connection with capital commitments of at least 10 billion VND (Vietnamese Dong) within the last 2 years.
Article 34. Criteria for determining a national startup support center
1. Comply with Clauses 1 and 2 of Article 32 hereof.
2. Regarding resources and capacity for implementation:
a) Have at least 30 staff directly working to support startups, with at least 15 holders of bachelor’s degree or higher suitable for the sector/field of operation;
b) Have a list of at least 30 experts regularly cooperating to support startups, active in fields such as technology, business, investment, intellectual property, law, finance, and marketing;
c) They have the capacity to connect, support, and cooperate with domestic and international startup organizations and networks;
d) Have the capability to assist the development and creation of new technologies, products, or business models that play an important role in the development of socio-economy, national defense, security, and addressing issues related to many sectors, fields, and regions nationwide and international issues;
dd) Have the capability to mobilize and manage funding sources and support capital from the state and private sectors, and international sources to implement national and international startup support activities.
3. Annual operation results: Have assisted at least 40 startup projects; 100 individuals or 40 groups of individuals or 10 startup enterprises through capacity-building training, incubation, startup acceleration, provision of legal, financial, marketing, and communication services for startups; or investment connection with capital commitments of at least 30 billion VND (Vietnamese Dong) within the last 2 years.
Article 35. Criteria for determining a startup individual, group of individuals, or enterprise
1. Be a Vietnamese citizen with full capacity for civil conduct and permanent residence in Vietnam; In case of being foreign citizen, they must have documentation on confirmation of legal residence in Vietnam; In case of being an enterprise, it must be established under the Enterprise Law.
2. Have a startup project that has been invested in or has a capital commitment from a startup investment fund, venture capital fund, or startup individual investor; or is supported or supported under a pledge made by an innovation center or startup support center.
3. Have the enterprise’s revenue growth or growth from implementing the startup project reach at least 20% for two consecutive years based on analysis of market share, product and service development potential, project execution, and enterprise competitiveness.
Article 36. Criteria for determining a startup support expert
1. Be a Vietnamese citizen with full capacity for civil conduct and permanent residence in Vietnam; In case of being foreign citizen, they must have documentation on confirmation of legal residence in Vietnam.
2. Have at least 3 years of experience in performing some of the following activities:
a) Capacity-building training for startup individuals, groups of individuals, enterprises, startup support organizations, or startup individual investors;
b) Consulting on marketing, product and service promotion; use of technology and patent information; assessment and valuation of results of scientific research and technology development, intellectual property rights; legal activities, intellectual property, investment, establishment of science and technology enterprises, commercialization of results of scientific research and technology development, intellectual property rights; building and developing networks of business promotion organizations, individual investors, and investment funds for startups;
c) Consulting on development of communications programs about startups; connecting innovative startup and venture capital networks; introducing partners and investors; providing assistance in procedures for investors and domestic enterprises to access foreign markets.
3. Have assisted at least 20 startup individuals, or 10 startup groups of individuals, or 10 startup enterprises in the last 2 years.
Article 37. Criteria for determining a startup individual investor
1. Be a Vietnamese citizen with full capacity for civil conduct and permanent residence in Vietnam; In case of being foreign citizen, they must have documentation on confirmation of legal residence in Vietnam.
2. Have a taxable personal income of at least 1 billion VND per year for at least the last 2 years and capability for maintaining this income level in the current year.
3. Have at least 5 years of experience in technology, marketing, finance, business, or investment and have directly invested in at least 5 startup individuals, or 2 startup groups of individuals, or 2 startup enterprises in the last 2 years.
Section 2. RECOGNITION OF INNOVATION, INNOVATION SUPPORT, OR STARTUP ORGANIZATIONS/INDIVIDUALS
Article 38. Rules for recognition of startup organizations and individuals, innovation support, and startup support
1. Organizations and individuals applying for recognition of innovation centers, provincial innovation centers, national innovation centers, startup support centers, provincial startup support centers, national startup support centers, startup individuals, startup groups of individuals, startup enterprises, startup support experts, or startup individual investors shall prepare an application and be accountable to the law for the legitimacy, honesty, and accuracy of the application.
2. The competent state authority responsible for recognition shall verify the validity of the application but shall not be accountable for any violations against the law committed by the recognized organizations or individuals before or after recognition; nor shall it resolve disputes between recognized organizations or individuals or disputes between recognized organizations or individuals and other parties.
Article 39. Certificates of recognition of innovation, innovation support, or startup organizations/individuals
1. Certificates of recognition of innovation centers, provincial innovation centers, national innovation centers, startup support centers, provincial startup support centers, national startup support centers, startup individuals, startup groups of individuals, startup enterprises, startup support experts, and startup individual investors (hereinafter referred to as “Recognition certificates”) shall be issued by competent authorities to organizations or individuals who satisfy the recognition criteria and submit a recognition application following the procedures stipulated herein.
2. Recognition certificates may be issued in either paper or electronic form, which have equal legal validity, and follow the corresponding form in Appendix IV.3 attached hereto.
3. Recognition certificates shall be valid for 5 years from the date of issuance.
Article 40. Authority to recognize innovation, innovation support, or startup organizations/individuals
1. Ministries and ministerial agencies shall formulate and issue technical infrastructure criteria for national innovation centers within their respective sectors and fields of management.
2. The Ministry of Science and Technology is the authority competent to issue Recognition Certificates for national innovation centers and national startup support centers.
3. Provincial People’s Committees shall formulate and issue technical infrastructure criteria for provincial innovation centers within their jurisdiction; they are also the authorities competent to issue Recognition Certificates for provincial innovation centers and provincial startup support centers within their jurisdiction.
4. Provincial People’s Committees are the authorities competent to issue Recognition Certificates for innovation centers, startup support centers, startup individuals, startup groups of individuals, startup enterprises, startup support experts, and startup individual investors within their jurisdiction.
5. The authority with recognition competence has the responsibility to issue, re-issue, revoke, or terminate Recognition Certificates.
Article 41. Advisory council for appraising applications for recognition of innovation, innovation support, or startup organizations/individuals
1. The Advisory council for appraising recognition applications (hereinafter referred to as the “Recognition advisory council”) includes:
a) The Recognition Advisory Council for national innovation centers and national startup support centers established by the competent state authority, comprising 9 to 11 members;
b) The Recognition Advisory Council for provincial innovation centers and provincial startup support centers established by the competent state authority, comprising 7 to 9 members;
c) The Recognition Advisory Council for innovation centers and startup support centers established by the competent state authority, comprising 7 to 9 members;
d) The Recognition Advisory Council for startup individuals, startup groups of individuals, startup enterprises, investors, and innovation support experts and startups established by the competent state authority, comprising 5 to 7 members.
2. The composition of the Recognition Advisory Council includes a President, Vice President(s), council members, and a secretary, among whom 2 members act as reviewers with deep expertise in the field to be advised on. At least half (1/2) of the members must be reputable experts with responsibility, appropriate qualifications, and at least 5 years of experience in the field to be advised on; the remaining members are representatives from state regulatory authorities, policy-making bodies, ministries, central authorities, general corporations, business groups, and enterprises
3. Working rules of the Recognition Advisory Council:
a) A meeting of the Council must have at least two-thirds (2/3) of the members present, including the President or Vice President to preside over and at least 2 reviewers. Written opinions of absent members are for reference only. When necessary, the Council may submit petitions to the competent state authority establishing the council to invite external experts with deep knowledge in the field to be advised on to act as reviewers for application assessment.
b) The Council shall operate on democratic and objective principles. Members must be honest, objective, and fair in the appraisals. Each member shall bear personal responsibility for their opinions and collective responsibility for the Council’s conclusions.
4. Working procedure of the Recognition Advisory Council:
a) The Council shall assign one member as secretary to record members’ opinions, minutes of the Council’s working results, and relevant documents;
b) The reviewers shall present opinions and comments on each content and information in the application to be advised on; assess strengths and weaknesses in details according to the prescribed requirements;
c) The Council shall discuss and provide feedback on each assessment criterion and condition related to the application to be advised on. If external reviewers are invited, after answering members’ questions, they shall leave the Council meeting;
d) The Council shall conduct voting to assess the application. The application shall be approved if more than two-thirds (2/3) of the Council members present vote “Agree”; in all other cases, the application shall not be approved.
dd) The secretary shall consolidate and publicly announce the voting results at the meeting, draft the minutes, and obtain the signatures of attending members;
e) The forms used by the Recognition Advisory Council shall follow Appendix IV.5 attached hereto.
Article 42. Recognition of national innovation centers and national startup support centers
1. Organizations applying for recognition shall submit their application either in person or online to the competent recognition authorities.
The application shall include:
a) Application form for recognition following Form No. IV.1.1 in Appendix IV.1 attached hereto;
a) A description following Form No. IV.2.1, Form No. IV.2.2 in Appendix IV.2 attached hereto;
c) Documents proving the organization satisfies the criteria for national innovation centers or national startup support centers;
d) A confirmation letter from the parent authority regarding the contents presented in the description in the case the organization is managed by a ministry, ministerial agency, government agency, other central agencies, or the Provincial People’s Committee; or a confirmation letter from the Provincial People’s Committee or the agency delegated by the Provincial People’s Committee where the organization’s headquarters is located in case the organization is not under the management of the aforementioned authority.
Within 15 days from the date of receiving the written confirmation request about the contents presented in the description, the ministry, ministerial agency, government agency, other central agencies, or Provincial People’s Committee shall inspect and confirm these contents in writing. In cases of refusal, a written notification clearly stating the reason must be provided.
2. Procedures for recognition:
a) Within 5 working days from the date of receiving the application, the authority with recognition competence must respond to the applicant regarding the validity of the application;
b) Within 15 days from the date of receiving a valid application, the authority with recognition competence shall establish the Recognition Advisory Council;
c) If clarification or explanation is required upon petition by the Recognition Advisory Council, within 5 working days from the Council’s meeting, the competent authority shall request the applicant to provide clarifications and complete the application within 15 days of receiving the application. If no written explanation or supplementary documents are received after this period, the competent authority shall suspend processing the application;
d) If the application is approved, within 7 working days from the Recognition Advisory Council meeting or from the receipt of the completed application after clarification, the competent authority shall issue a recognition decision and grant the Recognition Certificate;
dd) If the application is not approved, within 7 working days from the Recognition Advisory Council meeting or from the receipt of the completed application after clarification, the competent authority shall notify the applicant of the results and clearly state the reasons.
3. The applicant that wishes to continue applying for recognition must follow the regulations in Clause 1 of this Article at least 60 days prior to the certificate expiration.
4. National innovation centers established by the Prime Minister prior to the effective date of this Decree shall be automatically recognized as national innovation centers without having to undergo the recognition procedure.
Article 43. Recognition of Innovation Centers, Provincial Innovation Centers, Startup Support Centers, Provincial Startup Support Centers, startup individuals, startup groups of individuals, startup enterprises, startup support experts, and startup individual investors
1. Applicant shall submit recognition application either in person or online to the authority with recognition competence.
The application shall include:
a) Application form for recognition following Form No. IV.1.1 in Appendix IV.1 attached hereto;
b) A description following the corresponding Form in Appendix IV.2 attached hereto;
c) Documents proving that the organization or individual satisfy the criteria for innovation centers, provincial innovation centers, startup support centers, provincial startup support centers, startup individuals, startup groups of individuals, startup enterprises, startup support experts, and startup individual investors;
d) A confirmation letter from the parent authority regarding the contents presented in the description in the case the organization is managed by a ministry, ministerial agency, government agency, other central agencies, or the Provincial People’s Committee; or a confirmation letter from the Provincial People’s Committee or the agency delegated by the Provincial People’s Committee where the organization’s headquarters is located in case the organization is not under the management of the aforementioned authority.
Within 15 days from the date of receiving the written confirmation request about the contents presented in the description, the ministry, ministerial agency, government agency, other central agencies, Provincial People’s Committee, or agency delegated by the Provincial People’s Committee shall inspect and confirm these contents in writing. In cases of refusal, a written notification clearly stating the reason must be provided.
2. Procedures for recognition:
a) Within 5 working days from the date of receiving the application, the authority with recognition competence must respond to the applicant regarding the validity of the application;
b) Within 15 days from the date of receiving a valid application, the competent authority shall consider issuing a recognition decision and granting the Recognition Certificate or refuse recognition;
c) If necessary, the competent authority may establish a Recognition Advisory Council.
If clarification or explanation is required upon petition by the Recognition Advisory Council, within 5 working days from the Council’s meeting, the competent authority shall request the applicant to provide clarifications and complete the application within 15 days of receiving the application. If no written explanation or supplementary documents are received after this period, the competent authority shall suspend processing the application.
If the application is approved, within 7 working days from the Recognition Advisory Council meeting or from the receipt of the completed application after clarification, the competent authority shall issue a recognition decision and grant the Recognition Certificate;
If the application is not approved, within 7 working days from the Recognition Advisory Council meeting or from the receipt of the completed application after clarification, the competent authority shall notify the applicant of the results and clearly state the reasons.
3. The applicant that wishes to continue applying for recognition must follow the regulations in Clause 1 of this Article at least 60 days prior to the certificate expiration.
Article 44. Reissuance of recognition certificates
1. The Recognition certificate shall be reissued in the following cases:
a) Change of information of the organization, enterprise, or individual;
b) The Recognition certificate is lost, burned, torn, damaged, or destroyed in other forms.
2. The application for reissuance of the Recognition certificate shall be submitted in person or online to the competent authority and include the following documents:
a) Application form for reissuance of the Recognition certificate following Form No. IV.1.2 in Appendix IV.1 attached hereto;
b) Documents proving the change of information, adjustment, or a written commitment regarding the loss, damage, or destruction of the Recognition certificate;
c) The original Recognition Certificate in case of information change.
3. Procedures for reissuance of the Recognition certificate:
a) Within 5 working days from the date of receiving the application, the authority with recognition competence must respond to the applicant regarding the validity of the application;
b) Within 15 days from the date of receiving a valid application, the competent authority shall consider reissuing or refusing to reissue the Recognition Certificate.
4. The validity period of the reissued Recognition Certificate shall follow the validity period of the original Recognition Certificate.
Article 45. Termination and cancellation of Recognition certificates
1. The Recognition certificate shall be terminated in the following cases:
a) The recognized organization suspends, ceases operations, fully divided, partially divided, or ceases to exist as a juridical person;
b) Recognized startup individuals, startup groups of individuals, startup support experts, or startup individual investors lose capacity for civil conduct, are undergoing criminal investigation, are serving imprisonment, or are banned by court from holding official titles, practicing professions, or performing certain tasks;
c) Recognized startup enterprises suspend business, cease operations, fully divided, partially divided, or cease business;
d) The recognized organization or individual submits a written request to terminate recognition;
dd) The recognized organization or individual no longer meets the recognition criteria.
2. The Recognition certificate shall be cancelled in the following cases:
a) The organization or individual commits forgery or provides false information related to the application for issuance or reissuance of the Recognition Certificate;
b) The Recognition Certificate was issued under incorrect authority or procedures specified in herein.
3. Procedures for termination/cancellation of Recognition certificates:
a) Within 5 working days from the date of receiving the application, the competent authority must respond to the applicant regarding the validity of the application;
b) Within 15 days from the date of receiving a valid application, the competent authority shall consider termination/cancellation or refusing to terminate/cancel the Recognition Certificate.
If necessary, the competent authority may establish an Advisory Council for termination/cancellation or refusing to terminate/cancel the Recognition Certificate. This Council shall be established and operate under the regulations of the Recognition Advisory Council.
4. In case of cancellation of the Recognition Certificate, the organization or individual shall have all incentives, received donations, supports, and other benefits enjoyed from the issuance of the Certificate of Recognition revoked and shall be handled in accordance with law.
5. From the date of revocation, the organization or individual shall no longer enjoy incentives, donations, support, or other benefits from the issuance of the Recognition Certificate.
Article 46. Funding for Appraisal of applications for issuance, reissuance, termination, or cancellation of the Recognition Certificate
The appraisal of applications for issuance, reissuance, termination, or cancellation of the Recognition Certificate shall be funded by the state budget. The expenditure content and level shall comply with applicable regulations on scientific, technological, and innovation tasks.
SCIENCE AND TECHNOLOGY ENTERPRISES
Article 47. Certificate of science and technology enterprise
1. Enterprises satisfying the conditions prescribed in Article 49 hereof shall be granted a Certificate of science and technology enterprise by the competent state regulatory authorities.
2. The Certificate of Science and Technology Enterprise is valid nationwide in either paper or electronic form; it serves as the legal basis for implementing investment incentives and other preferential policies and supports from the State for science and technology enterprises; and as the basis for enterprises to carry out scientific, technological, and innovation activities in accordance with the law.
Article 48. Authority to grant certificates of science and technology enterprise
1. The People’s Committee of province/city where the enterprise’s headquarters is located shall be the competent authority to receive, appraise the application, and grant the Certificate of science and technology enterprise or issue amendments, reissues, revoke, or cancel such Certificate.
2. The Provincial People’s Committee shall inform agencies related to the implementation of preferential policies and support for science and technology enterprises of the issuance, amendment, reissuance, revocation, or cancellation of the Certificate of science and technology enterprise.
3. Periodically, the Provincial People’s Committee shall update data on issuance, amendment, reissuance, revocation, or cancellation of Certificates of science and technology enterprise on the National Digital Platform for science, technology, and innovation management.
Article 49. Conditions for grant of the Certificate of science and technology enterprise
Enterprises shall be granted the Certificate of Science and Technology Enterprise when they fully satisfy the general conditions and specific conditions corresponding to enterprise scale. The enterprise scale shall be determined in accordance with the law on assistance for small and medium-sized enterprises.
1. General conditions:
a) The enterprise is established and operating under the Enterprise Law.
b) The enterprise create scientific, technological, and innovation products from one of the results of scientific research, technology development, and innovations legally owned or used, including:
Inventions; utility solutions; industrial designs; semiconductor integrated circuit layout designs protected in Vietnam;
Computer programs granted a certificate of copyright registration;
New animal breeds; new plant varieties; new aquatic breeds; new forestry varieties; protected or recognized technical advances;
Results of Scientific research, development of technology and innovation that have been accepted, verified, or recognized under applicable regulations;
Technologies received via technology transfer contracts registered under the laws on technology transfer.
2. Conditions for large enterprises:
a) The total expenditure on scientific research, technological development, and innovation activities must reach at least 2% of the average net revenue over three consecutive financial years or VND 200 billion/year or more over three consecutive financial years or over the entire operation period since establishment but not less than one full financial year for enterprises operating under three years;
b) Have a research and development department with at least 10 staff with bachelor’s degrees or higher, including at least 5 Vietnamese staff;
c) Scientific, technological, and innovation products must account for at least 30% of total revenue or at least VND 90 billion/year over three consecutive financial years or over the entire operation period since establishment but not less than one full financial year for enterprises operating under three years;
d) The scientific, technological, and innovation products must achieve at least one of the following effects:
Being exported to foreign markets;
Being created from technologies listed in the catalog of technologies encouraged for transfer under the law;
Being awarded national or international awards for quality or environment.
3. Conditions for medium-sized enterprises:
a) The total expenditure on scientific research, technological development, and innovation activities must reach at least 2% of the average net revenue over three consecutive financial years or over the entire operation period since establishment but not less than one full financial year for enterprises operating under three years;
b) Have a research and development department with at least 05 staff with bachelor’s degrees or higher, including at least 01 Vietnamese staff;
c) Scientific, technological, and innovation products must account for at least 20% of total revenue over three consecutive financial years or over the entire operation period since establishment but not less than one full financial year for enterprises operating under three years.
4. Conditions for small-sized and micro enterprises:
a) The total expenditure on scientific research, technological development, and innovation activities must reach at least 2% of the average net revenue over three consecutive financial years or over the entire operation period since establishment but not less than one full financial year for enterprises operating under three years;
b) Have at least 2 staff working in science, technology, and innovation, including at least 1 Vietnamese staff, or hire 2 or more experts from research institutes, training institutions, or scientific and technological organizations;
c) Have at least one scientific, technological, and innovation product currently commercialized.
Article 50. Application for issuance of the Certificate of science and technology enterprise
1. The enterprise meeting the conditions specified in Article 49 hereof shall submit 01 application for issuance of the Certificate of science and technology enterprise to the competent authority prescribed in Article 48 hereof. The application shall be submitted via the public service system as prescribed.
2. The application for issuance of the Certificate of science and technology enterprise shall include:
a) The original copy of the application form for issuance of Certificate of science and technology enterprise following Form No. V.1 in Appendix V attached hereto;
b) A copy of the recognition document issued by the competent state regulatory authority for the results of scientific research, technological development, and innovations specified in Clause 1 of Article 49 hereof, including:
Certificate of technology transfer registration;
Intellectual property protection titles;
Decision of recognition or self-declaration of new plant varieties, new animal breeds, new aquatic breeds, new forestry varieties according to specialized laws; decision on recognizing technical advances;
Decision on recognizing the results of scientific, technological, and innovation tasks funded by state budget or Certificate of registration of results of scientific, technological, and innovation task funded by state budget; Certificates of result of scientific, technological, and innovation tasks not funded by state budget;
Other recognition documents with equivalent legal value.
c) The original copy of the business and production plan of the science and technology enterprise according to Form No. V.2 in Appendix V attached hereto: proving the compliance with the conditions specified in Article 49 hereof.
Article 51. Procedures for appraising the application
1. Within 03 working days from the date of receipt of the application, the competent authority specified in Clause 1 of Article 48 shall check the completeness and validity of the application.
2. Within 15 days from the date of receipt of a valid application, the competent authority shall consider granting or refusing to grant the Certificate of science and technology enterprise. The Certificate shall be issued according to Form No. V.4 in Appendix V attached hereto.
3. The competent authority shall conduct the appraisal, seeking independent expert opinions, or establishing an appraisal council. The form of application assessment shall follow Form No. V.3 in Appendix V attached hereto.
Article 52. Issuance with amendments, reissuance of the Certificate of science and technology enterprise
1. The science and technology enterprise shall submit 01 application for issuance with amendments, reissuance of the Certificate of science and technology enterprise to the competent authority specified in Clause 1 of Article 48 in the following cases:
a) Change of information on the Enterprise Registration Certificate;
b) Change of the list of results of scientific research, development of technology and innovation; change of the list of scientific, technological, and innovation products on the Certificate of science and technology enterprise. For cases of supplementing results and product lists on the Certificate, the enterprise only needs to satisfy the condition at point b of Clause 1 of Article 49 hereof;
c) Cases where the Certificate of Science and Technology Enterprise is lost, burned, torn, damaged, or destroyed in other forms.
2. The application for issuance with amendments, reissuance of the Certificate of science and technology enterprise shall include:
a) The application form for issuance with amendments, reissuance of the Certificate of science and technology enterprise following Form No. V.5 in Appendix V attached hereto;
b) Business plan in case of supplementing the list of results and products on the Certificate of science and technology enterprise.
3. Within 10 days from the date of receipt of a valid application, the competent authority shall consider approving or refusing the issuance with amendments, reissuance of the Certificate of science and technology enterprise.
Article 53. Revocation and cancellation of the Certificate of science and technology enterprise
1. Every 3 years from the date of issuance of the Certificate of science and technology enterprise, the competent authority shall organize inspection and assessment of compliance with the conditions specified in Article 49 to consider maintaining the validity of the Certificate.
2. The competent authority specified in Article 48 shall notify the enterprise and decide to revoke the Certificate of science and technology enterprise in the following cases:
a) The science and technology enterprise is dissolved, bankrupt, or its enterprise registration certificate is revoked according to law;
b) The science and technology enterprise fails to submit reports for 3 consecutive years as prescribed;
c) The science and technology enterprise no longer have the right to legally own or use technology, results of scientific research, development of technology and innovation;
d) The enterprise fails to meet the conditions specified in Article 49 hereof for 3 consecutive years.
Enterprises whose Certificates of science and technology enterprise are revoked shall no longer be entitled to the preferential policies and support from the State for science and technology enterprises.
3. The competent authority shall decide to cancel the Certificate of science and technology enterprise in the following cases:
a) Committing acts infringing on ownership or usage rights of technology, results of scientific research, development of technology and innovation declared in the application for certification of science and technology enterprise;
b) Committing acts of falsifying the content of the application for certification of science and technology enterprises.
In case the Certificate of science and technology enterprise is revoked, the enterprise shall be responsible for returning all incentives and support from the State for science and technology enterprises that it has received and shall be handled in accordance with law.
4. The competent authority may establish an advisory council to review the revocation or cancellation of the Certificate of science and technology enterprise.
5. The competent authority shall publicly announce the revocation or cancellation of the Certificate of science and technology enterprise on its website for at least 30 days from the date of the decision thereon.
Article 54. Responsibilities of science and technology enterprises
1. Enterprises shall be accountable to the law for the legitimacy of ownership and use of technology, results of scientific research, development of technology and innovation in their production and business activities.
2. Science and technology enterprises shall submit complete and accurate reports on their performance using Form No. V.6 in Appendix V attached hereto on the online platform of the Ministry of Science and Technology before December 15 each year.
Article 55. Funding for appraising applications
1. The appraisal of applications for issuance, issuance with amendment, reissuance, revocation, and cancellation of the Certificate of science and technology enterprise shall be funded by the State budget.
2. The expenditure content and level shall comply with regulations on consulting fees for assessment of scientific, technological, and innovation task results.
Article 56. Priority policies, incentives, and support for science and technology enterprises
1. Enterprises granted the Certificate of science and technology enterprise shall enjoy priority policies, incentives, and support as stipulated in laws on investment, bidding, tax, credit, land, science, technology, innovation, and other relevant laws.
2. Science and technology enterprises with new products added to their Certificate shall continue to enjoy incentives and support as upon first issuance of the Certificate from the date adding the new products.
3. Ministries and ministerial agencies shall promptly develop national technical standards for products of science and technology enterprises that belong to the list of products or goods with medium or high risk levels, based on proposals from these enterprises, to support them in bringing their products to market.
INNOVATION ACTIVITIES AND DEVELOPMENT OF INNOVATION SYSTEM, STARTUP ECOSYSTEM, PROMOTION OF CULTURE OF INNOVATION AND STARTUP
Article 57. Innovation activities in enterprises and organizations
Innovation activities in enterprises and organizations include:
1. Receiving transfer of right to use or own technology (licensing fees, transfer fees, fees related to technological know-how); results of research, solutions for digital transformation; purchasing information about technology, design documents, technological processes, technical standards, supporting software;
2. Renting or purchasing equipment for testing, measurement, control of quality during upgrading and completing technological processes, introducing new technology into production, pilot production; repairing, purchasing, or renting assets (or facilities, equipment) directly serving projects with technological innovation content, creating, using, and developing intellectual property rights;
3. Purchasing raw materials, fuels, materials, energy directly serving pilot production to adjust and complete technological processes and production lines (including pilot production of initial product batches);
4. Launching innovation tasks that are carried out by participating members; technicians, supporting labor; or carried out in cooperation with hired domestic or foreign experts. The positions that may participate in performing the tasks and criteria for determining domestic and foreign experts shall comply with the instructions of the Ministry of Science and Technology;
5. Hiring consultants for technology transfer, negotiating technology transfer contracts, legal consulting, formulating standards, technical regulations, productivity, quality, registration, protection, management and use of intellectual property rights; industrial design;
6. Providing domestic and international training and refresher training on transfer of technology know-how, receiving, operating and mastering technology, productivity, quality, intellectual property; technology management, technology governance, and updating new technologies;
7. Purchasing outsourcing services to support technology application, technology transfer, perform innovation tasks, support innovation and startup activities; hiring laboratories or testing facilities;
8. Designing production technology, production lines; standardizing technical and technological documents; calculating and setting operational parameters; designing, manufacturing prototypes, molds, new products; testing, inspecting, assessing product quality; adjusting technology and new production lines;
9. Deploying testing for key national export products by testing organizations that meet international standards certification of conformity with standards, certification of conformity with technical regulations by state-designated agencies; providing guidance on formulating and applying international standards; testing, certifying product quality according to international standards; applying management systems, productivity and quality improvement tools; developing and applying new management system standards, traceability systems, good agricultural practices, organic agriculture, green productivity, smart production; carrying out product registration for circulation;
10. Deploying new services and new products resulting from scientific, technological and innovation tasks of Vietnamese enterprises, organizations, and individuals to promote commercialization of task results via the market;
11. Registering protection, use, and development of intellectual property rights domestically and internationally;
12. Organizing scientific conferences, seminars, forums, scientific talks, domestic business trips, international cooperation (outgoing and incoming delegations); conducting surveys, data collection; stationery, communications, printing;
13. Investing in equipment/device, machinery, production lines serving technology application, technology transfer, technological innovation, and innovation;
14. Other activities directly related to innovation, supporting innovation implementation in accordance with relevant laws.
Article 58. Encouragement and support for enterprises and organizations to perform innovation activities
1. Enterprises and organizations are encouraged and supported to carry out innovation activities, invest in, and upgrade equipment serving these activities through donations, loan interest subsidization for innovation tasks, support for developing innovation systems, startup ecosystems, promoting innovation culture and startup culture.
2. Support is based on the assessment of output results of enterprises and organizations implementing technology application, technology transfer, technology innovation, innovation, commercialization of research results, technology reception and mastery; bringing added value, economic efficiency, competitiveness, and impact on the development of the innovation system.
Article 59. Development of the innovation system, startup ecosystem, and promotion of innovation culture, startup culture
Development of the innovation system, startup ecosystem, support for science and technology enterprises, and promotion of innovation culture, startup culture shall be carried out through the following activities:
1. Organizing training and capacity building for the innovation system, startup ecosystem, and intermediary organizations of the science, technology, and innovation market; purchasing copyrights for startup training programs; organizing domestic and international training courses; hiring domestic and international experts;
2. Connecting national and international innovation and startup networks: Organizing conferences and seminars to connect networks of innovation, startups, startup support, venture capital in Vietnam with the region and the world; hiring experts to support and connect innovation and startups; international cooperation (incoming and outgoing delegations);
3. Trade promotion for enterprises engaging in innovation, startup, and science and technology enterprises: Organizing domestic and international trade promotion events, conferences, seminars, trade missions; covering travel expenses for domestic and international business trips; organizing international conferences and seminars; hosting foreign delegations in Vietnam to participate in fairs, exhibitions, market surveys, and business negotiations with Vietnamese enterprises; conducting market demand surveys, and research; hiring consultants for product development, improving product quality, export, and foreign market penetration; hiring experts for market and product research, consultancy, and assessment; disseminating, advertising, providing information, and publishing materials serving the trade promotion program;
4. Implementing activities of innovation enterprises, startup enterprises, and science and technology enterprises: Using technical facilities, incubation facilities, co-working spaces; establishing consulting contracts for searching, selecting, decoding, and transferring technology; in-depth training and coaching; hiring consultants for technology transfer, contract negotiation, legal advice, standards and technical regulations development, productivity, quality, registration, protection, management, and use of intellectual property rights; industrial designs;
5. Organizing provincial, national, and international innovation and startup festivals; demonstrating and introducing new and advanced technologies; renting venues, transporting equipment, designing and staging booths, and event communication; organizing domestic and international conferences and seminars during events; conducting grassroots-level, sectoral, local, national, and international innovation and startup contests;
6. Honoring and awarding projects, individuals, innovation centers, startup support centers with excellent achievements in innovation and startup contests and local or national awards organized by competent authorities or awards recognized as prestigious international awards;
7. Communication and developing innovation culture and startup culture through activities such as: Producing materials and printed matters in the form of journalism works, publications, literary and artistic works, television programs; organizing dissemination and popularization conferences about typical successful innovation and startup examples in Vietnam; other relevant content (printing and publishing of printed newspapers, publications, and communication on social networks);
8. Supporting enterprises, organizations, and individuals to use new products and services that are results of scientific, technological, and innovation tasks executed by Vietnamese enterprises and organizations to promote commercialization through the market;
9. Promoting and developing the science and technology market;
10. Formulating technology maps, technology innovation roadmaps, assessments of technology capability, standards, technology enterprises, and startup enterprises; databases on technology, patents, and experts;
11. Promoting transactions and market connections in science and technology: Renting venues, communication, supporting technology display and introduction, transportation to organize technology transfer promotion events; hiring experts to analyze technology dossiers, conduct surveys, prepare reports on valuation, appraisal, assessment of technology and technology transfer;
12. Purchasing specialized software, specialized documents, learning materials; organizing courses, thematic seminars, and training on valuation, appraisal, and brokerage of technology transfer;
13. Conducting market surveys and research.
Article 60. Methods for supporting the development of the innovation system, startup ecosystem, and promotion of innovation culture, startup culture
1. Support beneficiaries and forms:
a) Organizations and individuals implementing activities specified in Article 59 hereof shall enjoy support policies for the development of the innovation system, startup ecosystem, and promotion of innovation culture, startup culture;
b) Support shall be provided through innovation activity plans of agencies, units, public innovation centers, public startup support centers, public service providers recognized as innovation centers, startup support centers, or public service providers with innovation functions and tasks, and Funds (hereinafter referred to as support providers).
2. Preparation of support plan
Annually, the support providers shall prepare description and budget estimates for activities of developing the innovation system, startup ecosystem, supporting science and technology enterprises, promoting innovation culture, startup culture according to one or more contents specified in Article 59 hereof. The contents of the description include:
Activity name;
Objectives;
Activity content and scope;
Expected results;
Agencies taking charge and cooperating in implementation;
Time and location;
Estimated total budget, funding sources, and capital structure (central government budget, local government budget, counterpart funds, socialized capital, etc.);
Conditions ensuring implementation, coordination mechanisms, monitoring, and assessment of the activity.
3. The Support providers shall include the recurrent expenditures for science, technology, and innovation in the plan and submit it to competent authorities for approval and implementation.
4. The forms for implementing support activities shall follow the corresponding Form (Forms No. VI.1, VI.2, VI.3, VI.4, VI.5, and VI.6) in Appendix VI attached hereto.
Article 61. Promotion, dissemination, and spreading of the culture of innovation and startup
Promotion, dissemination, and spreading of the culture of innovation and startup shall be carried out through the following activities:
1. Disseminating, popularizing and spreading awareness and attitudes of the community about the role, position, and importance of innovation, startup, and intellectual property; fostering a pioneering spirit, proactive creativity, and risk acceptance in innovation and startup for enterprises, organizations, individuals, and the community; promoting a culture of tolerance for failure; disseminating and scaling exemplary innovation/startup projects;
2. Changing the mindset of managing agencies, entrepreneurs, and citizens regarding the culture of innovation and startup; encouraging people to dare to think differently and respect differences, to take risks and accept failure;
3. Organizing domestic and international exhibitions, seminars, conferences, and events on technology supply-demand connection, new technologies, new products, new services, new processes, new business models; promoting technology application, transfer, and innovation;
4. Developing innovation and startup networks and connecting with regional and global innovation and startup networks;
5. Developing and executing programs to promote the National Innovation Brand, organizing national and local awards in innovation and startup to honor and encourage organizations and individuals with outstanding contributions;
6. Integrating innovation and startup content into general education, vocational education, and higher education program; encouraging practical innovation and startup activities in educational institutions;
7. Promoting equality in access to funding, support, incentives, and encouragement policies for innovation and startup; encouraging participation of women, elderly, ethnic minorities, vulnerable groups, and other special groups in innovation and startup activities.
Article 62. National Innovation Day; National Startup Festival
1. The Ministry of Science and Technology shall take charge and cooperate with ministries, central authorities, local authorities, and socio-political organizations National Innovation Day (INNOVATION DAY) on October 1st annually which is held in some administrative divisions, economic zones, and key international locations to demonstrate and introduce new and advanced technologies transferred and mastered; simultaneously exchange and discuss solutions to improve and effectively implement policies that enable and promote technology application, transfer, and innovation across sectors/fields.
2. The Ministry of Science and Technology shall take charge and cooperate with ministries, central authorities, local authorities, and socio-political organizations National Startup Festival (TECHFEST) that is held annually in some administrative divisions, economic zones, and key international locations to encourage the startup community and connect Vietnam’s startup ecosystem with the world.
3. Ministries, central authorities, local authorities, socio-political organizations, research institutions, and educational institutions with potential for innovation/startup development shall organize provincial/municipal or sectoral innovation day, startup festival.
4. The central government budget shall subsidize the organization of National Innovation Day, National Startup Festival, and related regional, inter-regional, inter-sector, national, and international activities; budgets of ministries, central authorities, and local authorities shall subsidize the organization of provincial/municipal or sectoral innovation and startup events. Annually, ministries, ministerial agencies, government agencies, and local authorities shall prepare plans and budget estimates for implementation according to clauses 1, 2, and 3 of this Article.
Article 63. Infrastructure, networks, and ecosystems supporting startup
1. Startup support infrastructure includes facilities, equipment/devices, common working spaces, common laboratories, technology testing facilities, information and communication technology infrastructure, software systems and digital platforms, information security and safety infrastructure, communication and connection support infrastructure, startup databases, and other technical service infrastructures supporting startup.
2. Startup support networks include networks connecting startup individuals, startup groups of individuals, startup enterprises, researchers, inventors, startup support experts, overseas Vietnamese, educational institutions, research institutions, intermediary organizations, technology incubation facilities, business incubation facilities, government agencies, media organizations, startup individual investors, investment funds, financial organizations, enterprises, corporations, international organizations, and domestic and foreign startup support organizations.
3. The startup support ecosystem is a collection of infrastructure, networks, mechanisms, policies, services, and support organizations organized and operated to enhance startup capacity, enable the formation, development, and commercialization of innovative products, services, and business models.
4. The formation and development of infrastructure, networks, and ecosystems supporting startup are implemented through projects, tasks, and activities of innovation and/or startup funded by the state budget or funded by other social resources mobilized.
Article 64. Assessment of results of scientific, technological, and innovation tasks not funded by state budget
1. The assessment of results of scientific, technological, and innovation tasks not funded by state budget shall be conducted by competent state agencies issuing Certificates of result of such tasks upon request of organizations to promote commercialization of scientific, technological, and innovative results, and development of new products and services.
2. Assessment rules:
a) The assessment of results of the scientific, technological, and innovation task not funded by state budget is performed upon request by the organization;
b) Such assessment must ensure objectivity, honesty, and accuracy;
c) The requesting organization must commit to compliance with laws on intellectual property and other relevant laws and be accountable for the accuracy of submitted documents.
3. Assessment contents:
a) Significance of the task;
b) Scientific value of the task results;
c) Practical impact and benefits when applying the results;
d) Other contents depending on task characteristics as decided by the Assessment Council.
4. Authority, procedures, and documentation for assessment:
a) The Provincial People’s Committee shall assess the results upon requests from organizations headquartered within the province/city;
b) The organization submits to the Provincial People’s Committee specified in point a of this clause 01 complete application, including: Assessment application form and the Task result report with supporting documents (if any). The assessment application form and the Task result report shall follow Form No. IV.7, Form No. IV.8 in Appendix VI attached hereto;
c) The Provincial People’s Committee shall establish an Assessment Advisory Council and completes the assessment within 28 days of receiving a valid application.
The task results shall be certified when at least two-thirds of Council members attending agree to issue the Certificate. Forms for Assessment Sheet, Council Meeting Minutes, and Certificate shall follow Forms VI.9, VI.10, and VI.11 in Appendix VI attached hereto.
d) The assessment cost shall be borne by the applicant (according to the meeting norms of provincial Advisory council).
ASSIGNMENT OF RESPONSIBILITIES FOR STATE MANAGEMENT OF INNOVATION AND STARTUP
Article 65. Ministry of Science and Technology
1. Take charge in preparing plans, estimates, and allocating annual budget for scientific, technological, and innovation activities, including funds from domestic and international programs, funds, investment projects, and support projects for innovation and startup; development of science and technology enterprises; and other relevant contents to implement this Decree.
2. Be the competent authority to recognize, reissue, revoke, and cancel Certificates of National Innovation Center and Certificates of National Startup Support Center.
3. Develop and approve expenditures for activities related to innovation, innovation support, startup, and startup support.
4. Build the national innovation system and national startup ecosystem; organize the development, management, maintenance of networks and databases on innovation, startups, and science and technology enterprises; cooperate with relevant agencies and organizations in establishing, connecting, integrating, and sharing information about networks and databases on innovation, startups, and science and technology enterprises.
5. Take charge and cooperate with relevant state regulatory authorities in formulating, issuing guidance, inspecting, and assessing the implementation of regulations on innovation, startups, and science and technology enterprises; appraise and provide opinions on innovation and startup-related issues of investment projects under the authority of the National Assembly, Government, or Prime Minister.
6. Provide guidance for ministries, central authorities, and local authorities in reporting results of innovation, startup, and science and technology enterprises activities, and making a consolidated reports for submission to the Government.
7. Issue regulations on state budget subsidies for innovation and startup activities.
8. Based on management requirements and practical situations, issue criteria systems, principles, methods for assessment, and relevant regulations as grounds for the Fund to develop, apply, and operate supporting tools, including software systems, data analysis tools, artificial intelligence, and other electronic tools, ensuring efficiency, transparency, and openness in performing assigned functions and tasks in accordance with the law.
Article 66. Provincial People’s Committees
1. Develop, issue, popularize, provide guidance, implement, inspect, and assess local programs and plans for innovation and startup activities; manage innovation, startup, innovation and startup support, development of science and technology enterprises, and other contents appropriate to this Decree at the local level.
2. Be the competent authority (or authorize relevant authorities) to recognize, reissue, revoke, and cancel Certificates of innovation center, Certificates of provincial innovation center, Certificates of startup support center, Certificates of provincial startup support center, Certificates of startup individuals/groups of individuals, Certificates of startup enterprise, Certificates of startup support expert, Certificates of startup individual investor, Certificates of science and technology enterprise, and notify the Ministry of Science and Technology within 15 days from the date of decision.
3. Allocate budget for performance of innovation and startup activities according to approved programs and plans.
4. Provide and update information on innovation and startup networks and databases; publish information as regulated on the local website and publicly disclose innovation and startup activities accordingly.
5. Monitor, consolidate, and assess the effectiveness and results of local innovation and startup activities; submit reports to the Ministry of Science and Technology annually before March 31.
6. Issue specific regulations within their jurisdiction, complying with laws related to innovation and startup activities suitable to local practical conditions.
Article 67. Ministries, ministerial agencies, governmental agencies, socio-political organizations, and professional socio-political organizations
1. Develop, issue, popularize, provide guidance, implement, inspect, and assess local programs and plans for innovation and startup activities; manage innovation, startup, innovation and startup support, development of science and technology enterprises, and other contents appropriate to this Decree at the local level.
2. Based on actual management needs, develop annual plans and budget estimates, and allocate funding for innovation tasks and innovation support activities in accordance with this Decree.
3. Provide and update information on innovation and startup networks and databases; publish information as regulated on local website and publicly disclose innovation and startup activities accordingly.
4. Monitor, consolidate, and assess the effectiveness and results of innovation and startup activities; submit report to the Ministry of Science and Technology annually before March 31.
5. Issue specific regulations within their jurisdiction, complying with laws related to innovation and startup activities suitable to local practical conditions.
Article 68. Transitional provisions
1. Enterprises granted the Certificate of science and technology enterprise currently enjoying incentives and supports, including those that have been issued the Certificate but have not yet received incentives under the provisions of legislative documents prior to the effective date of this Decree, shall continue to enjoy incentives and supports for the remaining duration according to those documents. If the enterprise meets the conditions for certification of a science and technology enterprise as prescribed herein, it shall carry out procedures to amend the Certificate of science and technology enterprise and enjoy incentives and supports according to this Decree for the remaining duration. If the enterprise only issue with amendments or reissue the Certificate without fully meeting the conditions prescribed in this Decree, it shall only be issued an amended or renewed Certificate and continue to enjoy incentives and supports for the remaining time based on the provisions of the documents before this Decree takes effect.
2. The remaining duration to enjoy incentives shall be calculated continuously from the date the enterprise first received incentives under the provisions of legislative documents issued before this Decree’s effective date.
1. This Decree comes into force from October 14, 2025.
2. Decree No. 13/2019/ND-CP dated February 1, 2019 on the Government shall cease to be effective as of the effective date of this Decree.
1. The Minister of Science and Technology shall be responsible for organizing the implementation and providing guidance on the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of Government agencies, Presidents of Provincial People’s Committees, and heads of relevant agencies and organizations shall be responsible for implementing this Decree.
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ON BEHALF OF GOVERNMENT Nguyen Chi Dung |
