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THE NATIONAL ASSEMBLY OF VIETNAM |
THE SOCIALIST REPUBLIC OF VIETNAM |
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Law No. 93/2025/QH15 |
Hanoi, June 27, 2025 |
ON SCIENCE, TECHNOLOGY AND INNOVATION
Pursuant to the Constitution of the Socialist Republic of Vietnam amended by the Resolution No. 203/2025/QH15;
The National Assembly promulgates the Law on Science, Technology and Innovation.
This Law regulates activities related to science, technology and innovation of authorities, organizations and individuals; policies and measures for development of science, technology and promotion of innovation.
This Law applies to authorities, organizations and individuals that engages in or are related to activities of science, technology and innovation in Vietnam, or outside of Vietnam but having the rights and obligations in accordance with the Law in Vietnam and international treaties to which the Socialist Republic of Vietnam is a party
For the purposes of this Law, the terms below shall be construed as follows:
1. Science means a system of knowledge about the nature, existence and development of objects; natural and social phenomena; and thought.
2. Technology means a collection of technical measures, procedures and tools including know-how that is created by applying scientific knowledge and experience to transform resources into products.
3. Innovation means the activity of creating new products, services, procedures, business models or significant improvements compared to existing ones.
4. Activities of science, technology and innovation include:
a) Fundamental research;
b) Applied research;
c) Development of technology; development of social measures;
d) Experimental production;
dd) Application and transfer of technology;
e) Innovation based on technological innovation, technological creativity and improvement of technological efficiency;
g) Startup;
h) Provision of services related to science, technology and innovation;
i) Activities of initiatives, technical improvements, knowledge creation and other related activities.
5. Tasks related to science, technology and innovation means forms of organization for resolution of issues related to science, technology and innovation that meet practical requirements for socio-economic development, ensure national defense and security, and promote the development of science, technology and innovation.
6. Fundamental research means research activities in order to discover the nature and laws of natural and social phenomena; and thought.
7. Applied research means scientific research activities applying scientific knowledge to create measures for practical needs in production, business and socio-economy.
8. Technological development means the application of results of scientific research and experience to design, test, complete and standardize technical procedures in order to create new technology or improve existing technology that is suitable for practical application.
9. Social measures development mean the development and deployment of new ideas and measures to effectively and sustainably resolve social, community and environmental issues contributing to create social values.
10. Experimental production means the production of new productions under actual production conditions to control quality, costs and commercialization feasibility before launching commercial production.
11. Startup means the formulation and development of creative business models based on new technology, breakthrough ideas or new business models that are carried out by individuals, groups or organizations to create new values, and solve market or socio-economic problems.
12. Services related to science, technology and innovation mean activities of providing support and technical assistance for activities of science, technology, innovation and startup.
13. Support for innovation means activities of providing resources and services for innovation including intellectual property, standards, measurement, quality, technical infrastructure, workspace, legal affairs, market information, financial information, commercial information, communication, investment connection and other necessary support.
14. Support for startup means activities prescribed in clause 13 of this Article to provide resources and services for startup activities.
15. Science and technology organization means an organization established in accordance with the law to conduct scientific researches, technological development or provide services related to science, technology and innovation.
16. Research and development center means an organization conducting scientific researches and technological development that is recognized by their capacity and operating results.
17. Innovation center means an organization conducting and supporting innovation and startup activities that is recognized by their capacity and operating results.
18. Startup enterprise means an enterprise deploying creative business models that is capable of rapid growth and market expansion based on the effective use of technology, intellectual property rights, breakthrough ideas or new business models.
19. National digital platform for science, technology and innovation means the digital system for state management and supervision of the progress; evaluation of the results and efficiency of performance of activities of science, technology and innovation nationwide.
20. National information system for science, technology and innovation means the digital infrastructure for storage, share, popularization and use of results of activities of science, technology and innovation for organizations and individuals.
21. Innovation system means the entirety of subjects and the linkages between enterprises, educational institutions, research institutes, intermediary organizations, state authorities, communities and system of institutions for promoting the creation or improvement of products, services and business models to enhance productivity, added value, socio-economic efficiency and quality of life.
Article 4. Application of the Law on Science, Technology and Innovation
If regulations prescribed in this Law are different from other laws and resolutions of the National Assembly on science, technology and innovation, regulations of this Law shall prevail. If other laws and resolutions of the National Assembly regulate more favorable preferential mechanisms and policies, the Government shall apply such mechanisms and policies.
Article 5. Principles for activities of science, technology and innovation
1. Activities of science, technology and innovation shall be based from practical requirements and trend forecasts. They shall serve socio-economic development, ensure national defense and security, improve quality of life, protect the environment, promote sustainable development, focus on the people and respect human rights.
2. Researches in the fields of health, biotechnology, artificial intelligence and other areas related to humans shall comply with this Law, other relevant regulations to ensure that the development and application of technology are always under human supervision and control.
3. Activities of science, technology and innovation shall ensure the right to freedom of research and creativity; uphold and comply with professional ethics and requirements, honesty, objectivity, and a sense of responsibility.
4. The activities shall develop the system of standards as the foundation for establishing technological competency standards; guiding research, development and technology application; creating the foundation for preventing and eliminating outdated technologies and technologies that negatively impact socio-economy, national defense, security, environment and human health; supporting the registration, protection, management and use of intellectual property rights; promoting innovation activities.
5. The State shall manage the activities of science, technology and innovation in accordance with the principles of post-inspection, evaluation of the results of implementation without interfering in the methods or procedures; ensure the autonomy and responsibility for explanation of organizations, enterprises and individuals. If necessary, pre-inspection may be applied as long as it does not hinder the activities of science, technology and innovation.
Article 6. Strategic orientations and policies for the development of science, technology and innovation
1. The strategic orientations for the development of science, technology and innovation includes:
a) The activities of science, technology and innovation be linked to the goals of developing socio-economy, promoting economic growth, improving labor productivity and fostering sustainable and inclusive development; prioritizing scientific and technological measures that contribute to environmental protection, circular economy development, green transition, climate change adaptation; ensuring fairness in access to technology;
b) Link activities of science, technology and innovation with the demands of the market; position enterprises as the center of the innovation system; enhance the capacity to absorb, master and commercialize domestic technology; promote the application of research results; encourage increasing the proportion of investment from the private sector, especially enterprises, in scientific research, technological development and innovation;
c) The State shall facilitate development, develop institutional framework, promote investment, and develop a synchronous, modern infrastructure for science, technology, and innovation; encourage an open, transparent and efficient innovation system;
d) Focus resources on technological fields with breakthrough potential and strategic technologies by closely following global technology trends, inner strength and the country’s competitive advantages; develop a high-quality workforce in science, technology and innovation; attract and make good use of domestic and international talents;
dd) Encourage risk-taking activities in scientific research, technological development and innovation through controlled experimental mechanisms, risk-sharing policies, venture capital investment and other specialized financial mechanisms;
e) Stimulate and connect all resources in society for innovation; ensure resources to maximize creative capacity, value creation potential, inner strength development and effective cooperation; expand international cooperation and proactively participate in the global technology value chains.
2. The State shall carry out the following policies for concretizing the strategic orientations prescribed in clause 1 of this Article:
a) Develop a modern, synchronous national innovation system associated with developing an innovative culture throughout society; promote the central role of enterprises and the people, the intellectual role of higher education institutions and research institutes, and the State’s role in creation and leadership; develop in a synchronized manner the fields of natural sciences, engineering and technology, political theory, as well as social sciences and humanities;
b) Promote the investment in science, technology and innovation; implement flexible financial mechanisms; apply tax incentives and interest rate support policies for enterprises investing in scientific research, technological development and innovation; establish specialized funds with the participation of State capital contributions;
c) Develop and improve the science and technology market; encourage the commercialization of results of scientific research, technological development and innovation; encourage and support technology transfer;
d) Apply preferential mechanisms and special policies to attract and make good use of domestic and international talents, experts and scientists; provide training, develop and utilize high-quality human resources in the fields of science and technology to carry out strategic tasks and targets of development of the national science and technology capacity;
dd) Prioritize investment in developing infrastructure for scientific research, technological development and innovation; establish national key laboratories; develop infrastructure connectivity among research institutes, higher education institutions and enterprises; invest in developing higher education institutions into centers for scientific research, technological development and innovation; gradually establish advanced research centers associated with training high-quality human resources; ensure effective cooperation between the network of specialized research institutes;
e) Strengthen support for fundamental and applied research; promote technological development, technology transfer and the practical application of research results; support enterprises in innovating, mastering and creating technology; link research, training, and application to leverage the inner strength ; carefully absorb advanced scientific and technological achievements; enhance national technological competitiveness in fields with potential and advantages;
g) Expand international integration in the fields of science, technology and innovation; carefully absorb advanced scientific and technological achievements suitable to the conditions of Vietnam;
h) Prioritize the development of activities of science, technology and innovation in remote, mountainous, island areas and extremely disadvantaged areas through infrastructure investment, human resource development and technology transfer suitable to local conditions; encourage innovation models associated with agricultural development, preservation of local knowledge and sustainable development;
i) Strengthen the participation of the Vietnam Fatherland Front, its member organizations, other social organizations and the community in the dissemination, consultation and social criticism of policies for science, technology and innovation; promote the connection of science, technology and innovation with development of production, business, education, training and community.
Article 7. Vietnam’s Science, Technology and Innovation Day
Vietnam’s Science, Technology and Innovation Day occurs on May 18 annually.
Article 8. Scientific integrity and professional ethics in scientific research and technological development
1. Authorities, organizations and individuals are responsible for complying with regulations on scientific integrity and professional ethics in scientific research and technological development. Fabricating data, plagiarism, concealing conflicts of interest or actions that distort the nature of research are serious violations of scientific integrity.
2. State management authorities related to science, technology and innovation are responsible for providing guidelines on application of regulations on scientific integrity and professional ethics within their jurisdiction.
3. Science and technology organizations are responsible for developing and issuing regulations on scientific integrity and professional ethics in accordance with guidelines of competent state management authorities.
4. The Government shall elaborate this Article; and cases for updating information regarding violations of scientific integrity and professional ethics on the National digital platform for science, technology and innovation.
Article 9. Acceptance of risks in activities of science, technology and innovation
1. Risks in activities of science, technology and innovation are accepted in accordance with this Law and other relevant regulations to ensure that appropriate risk management measures are appropriate.
2. Risks in activities of science, technology and innovation include:
a) Risks in scientific research, technological development and innovation shall comply with clause 3 of this Article;
b) Risks in controlled experiments shall comply with Article 22 of this Law;
c) Risks in venture capital investment shall comply with Article 40 of this Law;
d) Other risks as prescribed by the Government.
3. The acceptance of risks in activities of science, technology and innovation is prescribed as follows:
a) Organizations and individuals conducting scientific research, technological development and innovation shall be exempt from administrative responsibility and civil liability for damages caused to the State if they have fully complied with the procedures and regulations during the implementation process and have not committed any fraud, intentional violations of the law or misused the objectives or scope of funding;
b) Organizations performing tasks related to science, technology and innovation using the state budget, other lawful funds of public service providers or funds of state-owned enterprises are not required to repay the properly used funds within the intended objectives and scope if they have fully complied with the regulations on management of tasks, implementation procedures, research content and risk prevention measures but fail to achieve the objectives;
c) Organizations and individuals that approve and manage tasks related to science, technology and innovation using the state budget, other lawful funds of public service providers or funds of state-owned enterprises shall be exempt from administrative responsibility and civil liability if they have fully complied with the regulations and procedures on task approval and management; and have not committed any violations but fail to achieve the objectives;
d) Criminal liability in accordance with the Criminal Code for risks in research, experimentation, and application of scientific, technical and technological advances shall be exempt.
4. The Government shall elaborate this Article; and regulations on criteria for determination of acceptable risks; procedures for evaluation of the compliance with procedures and regulations in the approval, management and implementation of scientific research, technological development and innovation.
Article 10. Responsibilities for dissemination of knowledge regarding science, technology and innovation
1. Organizations and individuals that engage in activities of science, technology and innovation using the state budget or receiving incentives, support, or sponsorship from the State are responsible for disseminating knowledge, publishing the results of activities of science, technology and innovation in appropriate methods including updating information on the National information system for science, technology and innovation.
2. Organizations and individuals that engage in activities of science, technology and innovation using the state budget or receiving incentives, support, or sponsorship from the State are responsible for disseminating knowledge, publishing the results of activities of science, technology and innovation in appropriate methods including updating information on the National information system for science, technology and innovation.
3. Content within the scope of state secrets or affecting the capacity to protect the right for intellectual property of the results of activities of science, technology and innovation shall not be disseminated or update as prescribed in this Article.
Article 11. Encouragement of initiatives, technical improvements and production rationalization; communication and dissemination of scientific, technological and innovation knowledge
1. The State provides financial support for initiatives, technical improvements, production rationalization, communication regarding science, technology and innovation, and dissemination of knowledge through funding and support activities under suitable mechanisms.
2. Funds that enterprises spend on activities related to initiatives, technical improvements, production rationalization, communication regarding science, technology and innovation, and dissemination of knowledge shall be accounted as production and business expenses in accordance with tax and accounting laws.
3. The Government shall elaborate this Article; and regulations on criteria, methods, procedures, funding and support rates for the activities prescribed in clause 1 of this Article.
Article 12. Scientific journals
1. Organizations conducting scientific research, and organizations conducting scientific research and technological development are permitted to establish one or a number of scientific journals. The prescribed organizations shall establish an editorial board for each scientific journal. An editorial board includes the President and members who are experts and scientists working full-time or holding concurrent positions. The editorial board is responsible for reviewing and selecting scientific articles to be published in the journal and for shaping quality scientific journal’s content.
2. The publication of scientific journals shall be carried out through scientific journal agencies in accordance with the press laws.
3. The Government shall elaborate this Article; and regulations on scientific criteria for scientific journals, editorial boards of scientific journals, procedures for review and selection of scientific journals, and classification of scientific journals.
Article 13. State management responsibilities for science, technology and innovation
1. The Government bears the following responsibilities:
a) The Government shall uniformly perform state management of science, technology and innovation nationwide;
b) Annually, the Government shall report to the National Assembly for carrying out policies and measures for development of science, technology and innovation; use of state budget investment for science, technology and innovation; results of activities of science, technology and innovation.
2. The Ministry of Science and Technology shall be accountable to the Government for state management of science, technology and innovation nationwide.
3. Ministries, ministerial authorities, within their functions, tasks and jurisdiction, shall perform state management of science, technology and innovation for assigned fields.
4. The province-level People’s Committees, within their functions, tasks and jurisdiction, shall perform state management of science, technology and innovation in the provinces.
Article 14. Prohibited activities
1. Obstruct or cause difficulties for activities of science, technology and innovation of organizations and individuals.
2. Abuse position and authority to illegally interfere in the ordering, funding, support or evaluation of activities of science, technology and innovation, or perform other illegal interference in activities of science, technology and innovation of organizations and individuals.
3. Abuse activities of science, technology and innovation to perform one of the following acts:
a) Infringe upon the interests of the State, and the lawful rights and interests of organizations and individuals;
b) Disseminate false information, distort the results of scientific research, technological development and innovation;
c) Misappropriate or illegally use the results of scientific research, technological development and innovation of other organizations or individuals, or engage in other acts infringing intellectual property rights.
4. Deliberately fail to comply with regulations on scientific research, technological development and innovation, or intentionally conceal risks during research, testing or application of technology that cause serious damage to natural resources, the environment, biodiversity or public health.
5. Disclose or illegally use sensitive data collected during research and development activities that affect the rights regarding privacy, personal secrets, family secrets or national security.
MEASURES FOR STATE MANAGEMENT OF ACTIVITIES OF SCIENCE, TECHNOLOGY AND INNOVATION
Section 1. STRATEGY, PLAN, TASKS AND PROGRAM
Article 15. Strategy for development of science, technology and innovation; plan for activities of science, technology and innovation
1. The Prime Minister shall approve the strategy for development of science, technology and innovation suitable to the strategy for development of socio-economy.
2. The authorities responsible for state management of science, technology, and innovation at central level shall develop and promulgate a five-year comprehensive plan on science, technology and innovation in accordance with the strategy and plan for development of socio-economy. This plan shall specify the state budget expenditures allocated for investment and recurrent expenditures on science, technology and innovation. The authorities shall conduct annual inspection and evaluation of the plan’s implementation by ministries, ministerial authorities, governmental authorities, other central-level authorities and province-level People’s Committees. The five-year comprehensive plan on science, technology and innovation is one of the grounds for formulation of the content of investment in the development of science, technology and innovation within the medium-term plan for public investment.
3. Based on the five-year comprehensive plan on science, technology and innovation, ministries, ministerial authorities, governmental authorities, other central-level authorities and province-level People’s Committees, within their jurisdiction, shall develop and issue the plan for activities of science, technology and innovation; manage and effectively use budget; contribute to the socio-economic development, national defense and security; take responsibility for explanation on the efficiency of the plan.
4. The Government shall elaborate this Article.
Article 16. Tasks related to science, technology and innovation funded by the state budget
1. Tasks related to science, technology and innovation funded by the state budget include:
a) Tasks related to science, technology and innovation shall be proposed by organizations and enterprises in accordance with priority orientations or specific requirements of the State in order to be considered for full or partial funding support;
b) Tasks related to science, technology and innovation shall be implemented in accordance with the commission of the State; fully or partially funded by the State for implementation;
c) Fundamental tasks related to science, technology and innovation shall be proactively developed and implemented by public science and technology organizations using allocated funding as prescribed in point d, clause 1, Article 62 of this Law, or from other autonomous funding sources.
2. Tasks related to science, technology and innovation commissioned by the State shall be selected and directly assigned to organizations and enterprises. Authorities competent to approve the tasks shall decide on the assignment of tasks in the following cases:
a) Perform state-secret tasks;
b) Perform urgent tasks to serve the objectives of protecting national sovereignty and security; promptly resolve or mitigate the consequences caused by natural disasters, calamities, epidemics, fires, unexpected accidents, incidents or other force majeure events; prevent and combat natural disasters, calamities and epidemics; protect human lives; protect the interests of the State or the interests of the community;
c) Perform tasks that can only be assigned to one organization or enterprise having sufficient human resources, expertise and equipment to carry out the task;
d) Organizations, enterprises performing the task may mobilize talented personnel or special facilities and infrastructure suitable for the research field.
3. Tasks related to science, technology and innovation shall be funded, reviewed, selected and assigned in conformity with each task, group of tasks, or chain of tasks. The funding, selection, and direct assignment of tasks related to science, technology and innovation shall be conducted periodically, on an ad hoc basis, or in accordance with programs for activities of national science, technology and innovation; special national programs for activities of national science, technology and innovation; programs of Ministries, ministerial authorities, governmental authorities, other central authorities, and province-level People’s Committees.
4. The Government shall elaborate this Article.
Article 17. National programs for activities of national science, technology and innovation
1. A national program for activities of national science, technology and innovation is a collection of activities of science, technology and innovation with a common goal to resolve interdisciplinary and interregional issues serving medium- or long-term socio-economic development.
2. The development of the national programs for activities of national science, technology and innovation shall satisfy the following requirements:
a) Comply with the Strategy for development of science, technology, and innovation for each period;
b) Perform the program in a focused and prioritized manner without overlap between programs;
c) Be able to estimate the total budget and sources of funding for implementation.
3. Ministries, ministerial authorities, governmental authorities, other central-level authorities shall develop and promulgate, or report to competent authorities for promulgation of the programs for activities of national science, technology and innovation after being appraised by competent authorities; organize the implementation of the national programs for activities of national science, technology and innovation.
4. The Government shall elaborate this Article.
Article 18. Special tasks related to science, technology and innovation; Special national programs for activities of national science, technology and innovation
1. Special tasks related to science, technology and innovation; Special national programs for activities of national science, technology and innovation are large-scale tasks or programs decided by the Prime Minister to achieve one of the following objectives:
a) Serve the development of strategic technologies;
b) Serve the research of strategies and policies that bring significant value in political theory, social sciences and humanities;
c) Serve key projects, projects of national significance;
d) Create a strong impact on the productivity, quality and competitiveness of domestic products, services and goods;
dd) Serve the national defense and security.
2. Special tasks related to science, technology and innovation; Special national programs for activities of national science, technology and innovation may apply specific mechanisms for investment, finance and management as prescribed by the Government.
3. The Government shall elaborate this Article.
Article 19. Evaluation of activities of science, technology and innovation
1. The evaluation of results, efficiency, impacts of activities of science, technology and innovation includes the following content:
a) Evaluate results, efficiency, impacts of the strategy for development of science, technology and innovation; five-year comprehensive plan on science, technology and innovation; plans for activities of science, technology and innovation;
b) Evaluate results, efficiency, impacts of implementation of national programs for activities of national science, technology and innovation; special national programs for activities of national science, technology and innovation; special tasks related to science, technology and innovation; tasks related to science, technology and innovation funded by the state budget;
c) Evaluate results, efficiency, impacts of operations of organizations engaging in science, technology and innovation;
d) Evaluate results, efficiency, impacts of the implementation of preferential policies and incentives for organizations and enterprises in spending on activities of national science, technology and innovation.
2. The evaluation of programs and tasks related to science, technology and innovation funded by the state budget include the following content:
a) The level of achievement of approved objectives and results, or those committed in the contract. The evaluation of level of achievement includes cases where the results are unsuccessful but have academic value, background data, or serve as a basis for further research;
b) The progress compared to the plan; the supervision of tasks according to milestones; periodic reports; and the ability to complete on schedule. Flexible adjustments are allowed if there are justified reasons and approval from the managing authority;
c) The output effectiveness of programs and tasks related to science, technology and innovation by determination of the appropriateness between the achieved results and the used budgetary resources, quantity of outputs, scientific value, practical applicability, and contribution to innovation;
d) The impact of the results from tasks related technological development and innovation on socio-economic development after a certain period from the completion of the program or task.
3. The evaluation of results, efficiency and impacts of activities of science, technology and innovation shall comply with the principles of independence, honesty, objectivity, publicity, transparency, the law, and the following grounds:
a) A set of criteria for statistics, measurement and evaluation of the results, effectiveness and contribution level of activities of science, technology and innovation to socio-economic development, labor productivity, national defense and security;
b) Statistical data, reports, summaries, information and data in digital environment from the National digital platform for science, technology and innovation and the National information system for science, technology and innovation;
c) Specific criteria for programs and tasks in the List of state secrets.
4. The results of the evaluation of activities of science, technology and innovation serve as the basis for ministries, ministerial authorities, governmental authorities, other central-level and local-level authorities, and relevant organizations to adjust plans, content, plans for allocation and estimate of the state budget for implementation of strategies, plans, programs and tasks; adjust the number of personnel, reorganize public service providers in the field of science, technology and innovation; adjust preferential policies related to science, technology and innovation.
5. The funding for conducting the evaluation shall be allocated in the state budget estimates for management of science, technology and innovation.
6. The Government shall elaborate this Article.
Article 20. Digital transformation in activities of science, technology and innovation
1. The State shall promote the comprehensive digital transformation in the fields of science, technology and innovation by the synchronized development of digital infrastructure, provision of online public services, data digitization and automation of professional procedures to enhance efficiency and transparency.
2. The State shall encourage the application of big data and artificial intelligence to improve the effectiveness of activities of science, technology and innovation; and the use of artificial intelligence in innovating the workforce for science, technology and innovation.
3. The State shall invest in the centralized and uniform development, operation and maintenance of the National digital platform for science, technology and innovation connecting authorities and organizations on the Internet to manage the following content:
a) The process of formation and implementation of activities of science, technology and innovation funded by the state budget, except for cases in the List of state secrets;
b) The evaluation of results and efficiency of implementation of activities of science, technology and innovation;
c) The use of shared physical facilities for science, technology and innovation.
4. The State shall invest in the centralized and uniform development, operation and maintenance of the National digital platform for science, technology and innovation; ensure security requirements to connect authorities, organizations and enterprises on the Internet to store, share, and disclose results of activities of science, technology and innovation for organizations and individuals to access and use; ensure the connection between the National information system for science, technology and innovation and the National digital platform for science, technology and innovation to provide accurate and consistent input data.
5. State authorities, organizations, enterprises and individuals including science and technology organizations, innovation centers, startup support centers, and science and technology enterprises that use state budget funds or benefit from preferential policies and support in activities of science, technology and innovation are responsible for providing information to serve the state management of science, technology, and innovation on the National digital platform for science, technology and innovation.
6. The State shall encourage organizations and individuals to provide information and disclose the results of scientific research, technological development and innovation activities that are not funded by the National information system for science, technology and innovation.
7. The Government shall elaborate this Article.
Section 2. CONTROLLED EXPERIMENTS OF TECHNOLOGY, PROCEDURES, MEASURES, PRODUCTS, SERVICES AND NEW BUSINESS MODELS
Article 21. General requirements for controlled experiments of technology, procedures, measures, products, services and new business models
1. Controlled experiments mean the activities where a competent state authority allows organizations or enterprises to experiments of new technologies, procedures, measures, products, services or business models that are either not yet regulated by law or differ from current regulations under real conditions with limited scope, duration and geographic area.
2. The permission for controlled experiments shall comply with the following principles:
a) Be transparent about criteria, requirements, procedures for evaluation;
b) Ensure equality among organizations and enterprises in proposing, registering and exercising their rights and responsibilities during the controlled experiments.
c) Comply with requirements for national defense and security, social order and security, public interests, and protection of the rights of participants of experiments;
d) Select scope, duration and geographic area to limit the negative impacts to the socio-economy.
3. Content of controlled experiments includes:
a) Purposes;
b) Participants;
c) Requirements and criteria of technology, procedures, measures, products, services and new business models;
d) Competent authorities granting permission for controlled experiments;
dd) Principles for approval of organizations and enterprises registering for controlled experiments;
e) Procedures for granting permission, adjustment, extension, suspension and termination of controlled experiments;
g) Scope, duration and geographic area of controlled experiments;
h) The control of controlled experiments includes supervision mechanism, periodic reports, mechanism for collection of feedback from participants, and methods for evaluation of the results of controlled experiments;
i) Rights and obligations of authorities, organizations, enterprises and individuals during controlled experiments;
k) Measures for protection of interests of participants;
l) Other requirements and guidelines throughout controlled experiments.
4. The time limit of controlled experiments shall be determined based on the proposal of organizations and enterprises. It shall not exceed 03 years and may be extended once for a period not exceeding 03 years.
5. The implementation of controlled experiments shall be preliminarily and comprehensively reviewed, and reported to the competent authority for review and decision on whether to continue the controlled experiments or to promulgate legislative documents for official application.
6. Based on practical requirements for management of each sector, the Government shall promulgate detailed regulations on clause 3 of this Article and other necessary contents to resolve arising issues that differ from laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly; and report to the Standing Committee of the National Assembly and the National Assembly at the nearest session or meeting.
Article 22. Exemption from responsibility in controlled experiments
During controlled experiments, if there are damages or risks, the exemption from responsibility shall be carried out in accordance with the following principles:
1. The competent authority granting permission for controlled experiments; organizations and individuals directly involved in appraisal, licensing and evaluation of the controlled experiments shall be exempt from responsibility if they have fully and properly complied with regulations on controlled experiments prescribed in this Law and relevant laws, acted in good faith and for the common interest, except in cases where they knew or were obliged to know the risks related to the controlled experimental process but failed to apply adequate measures to prevent or mitigate potential damage. The following responsibilities shall be exempt:
a) Exemption from civil responsibility for damages caused to the State, organizations or other individuals during the appraisal, licensing, control and evaluation of controlled experiments;
b) Exemption from administrative responsibility for violations of the law on handling administrative violations;
c) Criminal liability in accordance with the Criminal Code for risks in research, experimentation, and application of scientific, technical and technological advances shall be exempt;
2. Organizations and enterprises permitted to conduct controlled experiments, individuals conducting controlled experiments shall be exempt from responsibility if they have fully and properly complied with this Law and relevant regulations, except in cases where they knew or were obliged to know the risk but failed to promptly inform or report to the competent state authorities about the risks arising during the controlled experimental process and to implement preventive measures to limit the potential damage. The following responsibilities shall be exempt:
a) Exemption from civil responsibility for damages caused to the State but subject to civil responsibility for damages caused to other organizations and individuals during controlled experiments;
b) Exemption from administrative responsibility for violations of the law on handling administrative violations;
c) Criminal liability in accordance with the Criminal Code for risks in research, experimentation, and application of scientific, technical and technological advances shall be exempt.
Article 23. Protection of participants in controlled experiments
To protect the legitimate rights and interests of participants during and after controlled experiments, organizations and enterprises permitted to conduct controlled experiments shall have the following responsibilities:
1. Advise on the risks involved in participation in controlled experiments; provide accurate, complete and truthful information about the technology, procedures, measures, products, services, new business models, costs of using products and services, other expenses (if any), rights and obligations of participants in controlled experiments;
2. Establish a data management mechanism for controlled experiments; develop and comply with internal procedures and risk control measures to prevent unauthorized access or use of personal data, fraud and theft of personal information of participants in controlled experiments;
3. Periodically evaluate risks, ensure the implementation of risk prevention measures and remediate consequences during and after controlled experiments; promptly notify participants in case of any changes in the level of risk related to the technology, procedures, measures, products, services or new business models;
4. Disclose the contact point for handling complaints from participants in controlled experiments. In cases where there are disputes or complaints, organizations and enterprises permitted to conduct controlled experiments are responsible for receiving and resolving all requests and complaints from participants in controlled experiments. The time limit for resolution of requests and complaints shall comply with the plan in the application for controlled experiment approved by the competent authority;
5. Pay damages and fulfill other civil obligations in accordance with civil law during and after the controlled experiments, except for cases exempt from responsibility prescribed in clause 2, Article 22 of this Law;
6. Other responsibilities prescribed by law.
Section 3. DISPOSAL OF ASSETS, MANAGEMENT AND COMMERCIALIZATION OF RESULTS OF TASKS RELATED TO SCIENCE, TECHNOLOGY AND INNOVATION
Article 24. Disposal of assets and equipment used for tasks related to science, technology and innovation
1. For assets and equipment funded by the state budget, the State automatically grants the rights to manage, use and own the assets to the organization presiding the task immediately after the assets are provided. No procedures are required to transfer the rights of management, use or ownership. No compensation for the asset value is required; and the asset value is not recorded as an increase in the State’s investment capital in the enterprise.
2. The organization presiding tasks related to science, technology and innovation shall separately manage and supervise assets prescribed in clause 1 of this Article in accordance with relevant laws on the organization’s type of activities as soon as the assets are established. It is responsible for effectively using the assets to carry out tasks related to science, technology and innovation. For assets that have fulfilled their intended purpose in tasks related to science, technology and innovation, the presiding organization shall have autonomy and bear full responsibility for the following activities:
a) Ensure efficiency and transparency during management and use of assets;
b) Dispose assets that are damaged, outdated or no longer needed by sale, liquidation, destruction or other methods in accordance with the law;
c) Autonomously decide on the management, use and disposal of unused raw materials and consumables upon completion of the task;
d) Manage and use the funds obtained from the disposal of assets (if any).
3. The disposal of assets funded by sources outside the state budget shall be carried out in accordance with the agreement of the parties contributing the funding for the task.
4. The Government shall elaborate this Article.
Article 25. Right to manage, use and own the results of scientific research, technological development and innovation
1. Organizations and individuals contributing assets or financial resources to conduct scientific research, technological development and innovation are the owners of the corresponding results of the research, development and innovation in proportion to their agreed contribution, except in cases where the parties have other agreements or the results are within the intellectual property rights of others.
2. The organization presiding the implementation of tasks related to science, technology and innovation is automatically granted by the State the right to manage, use and own the task results corresponding to the funding from the state budget and without having to carry out procedures for transferring these rights or reimburse the State, except in the following cases:
a) Tasks related to science, technology and innovation in the fields of national defense and security where the presiding organization is not an authority, unit or enterprise under the Ministry of National Defense or the Ministry of Public Security;
b) Tasks related to science, technology and innovation where the presiding organization is a foreign legal personality, an organization with foreign investors holding more than 50% of the charter capital or contributed capital, or an organization with its headquarters located abroad;
c) Tasks related to science, technology and innovation commissioned by the State where the commissioning clearly specifies that the State will hold the right to manage, use and own the task results in order to serve the interests of the State, widely disseminate for the benefit of the community, prevent and treat diseases, ensure nutrition for the people, or meet other urgent social needs. The authority commissioning the task is responsible for receiving and deciding on the management and use of the results of tasks related to science, technology and innovation.
3. For the results of tasks related to science, technology and innovation that use all or part of the state budget and result in assets attached to land under the usage rights or attached to assets owned by organizations or individuals participating in the task, the State automatically grants the rights to manage, use and own the assets corresponding to the portion of the state budget related to the land or assets to the organizations or individuals with land use rights or asset ownership without having to carry out transfer procedures or reimburse the State.
In cases where the organization or individual with land use rights or ownership of assets attached to the results does not accept the rights to manage, use and own the assets as prescribed in this clause, they are responsible for cooperating with the presiding organization in handling the case.
4. The organization granted the right to manage, use and own the results of tasks related to science, technology and innovation shall separately supervise the results and be not required to account for them together with the organization’s assets, asset values and state capital; not required to determine the original cost, residual value, depreciation or asset deterioration. The organization is allowed to independently decide on further investment in research, development, application deployment, commercialization of research results, and to exercise other rights and responsibilities as prescribed by the Government.
For the results of tasks related to science, technology and innovation funded by the state budget in the form of specimens or sample products, the presiding organization is allowed to independently decide on separate tracking, sale, disposal or reuse.
5. The State shall recover the results or permit other organizations or individuals to use the results of tasks related to science, technology and innovation that were fully funded by the state budget in the following cases:
a) In cases where it is necessary to widely disseminate the results to serve the community, disease prevention, treatment, nutrition for the people, or other urgent social needs;
b) In the cases that after 03 years from the completion date of tasks related to science, technology and innovation, the presiding organization does not apply the task results while there are other organizations or individuals interested in continuing the development and application of such results.
6. The results of tasks related to science, technology and innovation that involve storage or processing of core data, important data, or cross-border data shall comply with the Law on Data.
7. The Government shall elaborate this Article.
Article 26. Control of the transfer of results of tasks related to science, technology and innovation funded by the state budget to foreign organizations and individuals
1. Organizations or individuals granted the right to manage, use or own the results of tasks related to science, technology and innovation have the right to transfer ownership, or the right to manage and use those results as prescribed by law. The transfer of the results of tasks related to science, technology and innovation to foreign organizations or individuals shall comply with regulations on technology transfer.
2. The results of tasks related to science, technology and innovation funded by the state budget that are included in the List of high-tech technologies prioritized for development under the law on high technology shall be disclosed on the National digital platform for science, technology and innovation. Domestic organizations and individuals are prioritized to access to such technologies for a minimum period of 12 months before transferring them abroad.
3. The transfer of the results of tasks related to science, technology and innovation that involve the storage or processing of core data, important data or cross-border data shall be conducted in accordance with the Law on Data.
4. Organizations and individuals conducting the transfer are responsible for fulfilling their financial obligations to the State as prescribed by law.
Article 27. Commercialization of results of scientific research, technological development and innovation
1. Owners of results of scientific research, technological development and innovation shall decide the commercialization of results.
2. Organizations granted the right to manage and use the results of scientific research, technological development and innovation have the autonomy and full discretion to choose the form, method, pricing and profit-sharing methods in the commercialization of these results. The forms of commercialization of results of scientific research, technological development and innovation include leasing, selling, transferring usage rights; providing services; cooperating, forming joint ventures, partnering and establishing enterprises; self-exploitation.
In cases involving contributing capital by results of scientific research, technological development and innovation, the parties are entitled to independently decide on the method of capital contribution, determine the valuation for the contribution, the capital contribution ratio, and the distribution of outcomes from cooperation, joint ventures and partnerships.
3. In cases where the results of tasks related to science, technology and innovation are partly funded by the state budget, the presiding organization of the task has the right to manage, use and own the portion corresponding to the state budget funds used. This organization has autonomy and full discretion to negotiate and reach agreements with other owners to carry out commercialization activities in accordance with clauses 1 and 2 of this Article.
4. The organization presiding the implementation of tasks related to science, technology and innovation is responsible for applying measures to prevent loss, waste and corruption; ensuring transparency of information related to the commercialization of the results; and reporting the outcomes and effectiveness of commercialization as required by competent authorities.
5. The superior authority of the organization presiding the implementation of tasks related to science, technology and innovation is responsible for inspecting and supervising the presiding organization’s use of the results of tasks funded by the state budget in order to prevent loss, waste and corruption.
6. The Government shall elaborate this Article.
Article 28. Distribution of profits from commercializing results of scientific research, technological development and innovation
1. The intermediary or broker organization shall receive a portion of the profits obtained from the commercialization of results of scientific research, technological development and innovation based on the value of the commercialization contract or according to the agreement of the parties.
2. For the portion of profits obtained from the commercialization of results of scientific research, technological development and innovation that do not involve the use of state budget, the owners of the results have full discretion to decide on the handling of the profits including rewarding the authors of the results of scientific research, technological development and innovation (if any).
3. For the portion of profits corresponding to the results of tasks related to science, technology and innovation that use the state budget during the commercialization process, the presiding organization shall use the after-tax profits for the following purposes:
a) Reward the authors of the results of tasks related to science, technology and innovation with at least 30% of the profits obtained from leasing, selling, transferring usage rights, and self-exploitation of the results; and at least 30% of the value of the results of tasks related to science, technology and innovation determined when contributing capital, cooperating, forming joint ventures, partnerships, providing services or establishing enterprises.
b) Reward individuals who have directly contributed to the commercialization activities;
c) Reinvest in activities of science, technology and innovation;
d) Other purposes.
4. In cases where the results of tasks related to science, technology and innovation funded by the state budget are inventions, layout designs, industrial designs or plant varieties protected under the Law on Intellectual Property, the authors shall enjoy the benefits prescribed in clause 3 of this Article and shall also be entitled to other benefits as prescribed by the Law on Intellectual Property.
5. The author of the results of tasks related to science, technology and innovation is the person who directly creates the results. In cases where two or more people directly create the results, they are considered co-authors. In the case of co-authors, the portion of the profit awarded to the author is the amount allocated for all co-authors. The co-authors shall mutually agree on the distribution of the received profits.
6. The Government shall elaborate this Article.
SCIENTIFIC RESEARCH AND TECHNOLOGICAL DEVELOPMENT
Article 29. Scientific research
1. The policies of the State on promotion of fundamental researches include:
a) The State shall invest in fundamental researches to build the foundation for the national science and technology system; play a leading role in knowledge development; provide a basis for applied research, technological development and innovation; enhance national scientific capacity and standing; and contribute to the long-term improvement of the country’s competitiveness;
b) The State shall develop fundamental researches with a focused and prioritized orientation; concentrate on strong scientific fields to reach regional and international levels or on public-interest fields of strategic importance; promote fundamental researches arising from the needs during the implementation of applied research and technological development, especially strategic technologies;
c) The State shall allocate resources for fundamental researches to research institutes and higher education institutions in accordance with the functions and strengths of each organization and on the basis of results of performance evaluation.
The state budget shall support the investment in the construction of infrastructure, technical facilities and equipment for research and training of high-quality human resources; talent attraction; international cooperation; funding for research activities and other support activities to enhance the capacity. The State shall provide support from the state budget for research, training, workshops, internships, academic exchanges and funding for research activities, support for conference participation, scientific publication, development of scientific journals and other related activities.
2. The policies of the State on applied researches include:
a) The State shall prioritize the allocation of resources to promote applied researches for resolution of practical issues, contribute to socio-economic development, improve the quality of life, and ensure national defense and security.
b) The State shall focus the investment on applied researches in fields with urgent needs, developmental potential, and applicability to production and daily life.
c) The State shall encourage research institutes, higher education institutions and other science and technology organization to cooperate with enterprises in proposing, implementing and applying the results of applied researches into practice.
3. The policies of the State on researches in the fields of political theory, social sciences and humanities include:
a) The State shall emphasize the development of researches in the fields of political theory, social sciences and humanities, especially researches that provide scientific grounds for the formulation of the Party’s guidelines, the State’s policies and laws; researches on preserving and promoting the cultural values of Vietnamese people and Vietnamese society; contribute to laying the foundation for economic, cultural and human development;
b) The State shall promote the integration of political theory, social sciences and humanities with other fields; prioritize the allocation of state budget funding for interdisciplinary tasks related to science, technology and innovation that combine natural sciences and engineering sciences with social sciences and humanities, especially in the field of new technologies;
c) The State shall encourage and create favorable conditions for organizations and individuals to conduct scientific research and technological development that integrate political theory, social sciences and humanities in order to assess the social, ethical, cultural and psychological impacts of new technologies on individuals and communities;
d) The State shall encourage the implementation of applied research and experimental research in political theory, social sciences and humanities to evaluate the effectiveness, feasibility and practical impact of models, solutions and policies before their wide-scale application;
dd) The State shall prioritize the allocation of funding and technical support for applied research projects in the fields of political theory, social sciences and humanities that are aimed at resolving social issues.
4. The Government shall elaborate this Article.
Article 30. Technological development
1. The State shall recognize technological development as the bridge between scientific research and innovation; and play a central role in transforming knowledge into products, services and socio-economic value.
2. The State shall encourage and support the development of technology based on scientific research results, inventions, innovations, useful solutions and other sources of knowledge in order to create, improve, perfect and master technologies; enhance inner technological capacity, increase the localization rate of domestic products and goods, and improve their applicability in production and daily life.
3. The State shall prioritize support for technological development in high-tech fields, strategic technologies, technologies that produce dual-use products, and technologies capable of creating breakthroughs in productivity, quality, socio-economic efficiency, as well as national defense and security.
4. The State shall support technological development through the following methods:
a) Provide funding and commission tasks related to technological research and development;
b) Support investment in building infrastructure for technological research and development, key laboratories, and technological research and development center in certain key fields.
5. The Government shall elaborate this Article.
Article 31. Special mechanisms for technology decoding and acquisition of technological know-how
1. In cases where the state budget is used to implement tasks related to science, technology and innovation for technology decoding for the development of strategic technologies, acquisition of technological know-how, the organization presiding the tasks may apply the following special mechanisms:
a) Use the funding allocated for the task to hire domestic and foreign experts, and pay in accordance with the agreed budget;
b) Use the funding allocated for the task to directly purchase foreign technologies, products and equipment necessary for technology decoding at an agreed price; directly purchase technological know-how at an agreed price;
c) Decoded products and equipment are considered consumables and are not included in the asset value of the organization presiding the task;
d) Other special mechanisms.
2. Enterprises are permitted to use funds from the Foundation for Science and Technological development or make direct expenditures outside of this fund to decode technology and purchase technological know-how.
For key projects and strategic projects for technological development, state-owned enterprises may apply the following special mechanisms:
a) Assign the hiring of domestic and foreign experts, and make payments in accordance with the agreed budget;
b) Directly appoint suppliers and apply price negotiation methods to carry out the following tasks: directly purchase foreign technologies, products and equipment for the purpose of technology decoding and development of strategic technology; directly purchase technological know-how. Decoded products and equipment are considered consumables and are not included in the asset value of the enterprise;
c) Implement tasks and projects for research cooperation with foreign partners in approaching and mastering technology;
d) Acquire enterprises, laboratories, research and development centers; merge enterprises to own technological know-how;
dd) Other necessary expenses serving research, approach, purchase of technological know-how and decoding foreign advanced technology.
3. The Government shall elaborate this Article.
Article 32. Promotion of cooperation and sharing in scientific research
1. The State shall encourage the sharing of data, methods and scientific research results including the use and development of open-source technology; ensure transparency and easy accessibility, protect intellectual property rights and personal data. The State shall build infrastructure and technical requirements for data sharing and publication of scientific research results; ensure information security, interoperability and reusability.
2. Enterprises and the community are encouraged to participate in using and contributing data, scientific research results, and developing open-source technology.
Article 33. Application of science and technology in investment projects and programs for development of socio-economy
1. The State shall prioritize financial support for implementing scientific research and technological development to serve the establishment of foundations during the stages of investment preparation, investment execution, and resolution of arising issues during the implementation of investment projects and programs for development of socio-economy funded by the state budget.
2. The State shall prioritize financial support for research and development of political theory, social sciences and humanities to serve the formulation of foundations and resolution of arising issues during the implementation of investment projects in construction of institution, development of culture, society and human.
PROMOTION OF INNOVATION IN ENTERPRISES AND THE ECONOMY
Article 34. Promotion of development of the enterprise-centered system of innovation
1. The State shall promote the comprehensive development of the enterprise-centered system of innovation, and ensure effective connections among enterprises, educational institutions, research institutes, intermediary organizations, state authorities and the community. The State shall play a supporting and guiding role by perfecting institutions, establishing appropriate financial mechanisms, and ensuring a favorable environment for implementation.
2. The State shall promote and develop the system of innovation at the national, sect oral and local levels.
3. The State shall encourage and promote the central role of enterprises in the system of innovation through the following measures:
a) Provide the funding focused on innovation activities, startups and the commercialization of research results;
b) Provide the funding for provision of services and support for scientific research, technological development and innovation of enterprises;
c) Provide the funding for supporting enterprises to acquire and master technologies, especially technologies originating from abroad;
d) Issue preferential policies on finance, taxation, land, bidding and credit to facilitate enterprises in conducting scientific research, technological development and innovation in order to improve technological capability, productivity, quality and competitiveness of products and goods;
dd) Encourage organizations and enterprises to invest in and provide funding for scientific research, technological development and innovation. Organizations and individuals receiving investments or sponsorships are allowed to spend in accordance with the norms set by the investors or sponsors;
e) Develop investment models based on public-private partnerships (PPP) in infrastructure construction and service provision, especially in priority sectors, new and high-risk fields.
4. The Government shall elaborate this Article; and regulations on innovation activities in enterprises.
Article 35. Commercialization of activities of scientific research, technological development and innovation in enterprises
1. The State shall encourage and support enterprises in implementation of scientific research, technological development and innovation; invest and upgrade equipment serving such activities.
2. Expenses of enterprises funding scientific research, technological development and innovation, as well as expenditures for scientific research, technological development and innovation are deducted from taxable income in accordance with the law on corporate income tax.
3. When determining taxable income, the expenses of enterprises for research and development activities are deductible at a percentage rate based on the actual costs of these activities in accordance with the law on corporate income tax.
4. The Government shall elaborate this Article.
Article 36. Support for enterprises investing in strategic technological development
1. The State shall implement policies to support, invest, cooperate and assign tasks to Vietnamese enterprises for the development of strategic technologies through the following methods:
a) Invest in the construction of infrastructure and specialized support services in industrial parks and high-tech zones to attract enterprises to invest in building shared laboratories and research institutes;
b) Invest in the construction of facilities and equipment for shared laboratories and research institutes to attract enterprises to participate in operation;
c) Invest in the implementation of strategic projects for technological development;
d) Provide funding and commission enterprises to carry out tasks related to science, technology and innovation supporting strategic technological development.
2. If the projects prescribed in points a, b and c of clause 1 of this Article are implemented under the (PPP model, they shall be carried out in accordance with the law on investment under the PPP model.
3. The Government shall elaborate this Article.
Article 37. Assurance of rights and supporting mechanisms for non-public organizations in activities of science, technology and innovation
1. Non-public organizations that engages in the fields of science, technology and innovation including non-state enterprises, private research institutes, private science and technology organizations, private non-profit organizations and other non-public organizations (hereinafter referred to as non-public organizations) are guaranteed equal access rights to State policies, programs and supporting resources in accordance with this Law.
2. Non-public organizations have the following rights:
a) Participate in the consideration, selection, commissioning or bidding for the implementation of tasks related to science, technology and innovation funded by the state budget;
b) Be granted rights to own and use results of researches from tasks related to science, technology and innovation funded by the state budget that are carried out by organizations under the mechanisms prescribed in this Law;
c) Access, lease and use public scientific and technical infrastructure, facilities, equipment and public assets in the fields of science, technology and innovation in a transparent and equal manner;
d) Enjoy preferential policies on taxation, credit, land, venture investment, access to technology trading platforms and other incentives similar to those granted to public organizations.
3. Non-public organizations are allowed to cooperate with public organizations in scientific research, technological development and commercialization of research results. The cooperation shall be conducted in accordance with the principles of voluntariness, respect for intellectual property rights, and the fair allocation of benefits and risks in accordance with the contributions of the involved parties.
Article 38. Promotion of the culture of innovation and startup
1. The culture of innovation and startup is a system of models, behavioral standards, rules, beliefs, habits, perceptions and methods that influence the actions of organizations, individuals and communities in innovation and startup activities.
2. The State shall promote, disseminate and spread the culture of innovation and startup through policies, programs, tasks and activities supporting innovation and startup, as well as organizing events, exhibitions and awards related to innovation and startup.
3. The Government shall elaborate this Article.
Article 39. Science and technology enterprise
1. Science and technology enterprise mean an enterprise engaging in research, development, technology transfer and innovation. It possesses the capacity to absorb and master technology, and generates economic, social and environmental benefits.
2. Science and technology enterprises are given priority in leasing land and infrastructure in industrial parks, export processing zones, economic zones, high-tech zones, high-tech agricultural application zones and concentrated digital technology zones. They are prioritized in using equipment for research and development at shared laboratories, incubation facilities and innovation centers. They are eligible for support in information, communication and trade promotion.
3. Science and technology enterprises are responsible for providing information on their operational status and the results of benefiting from support policies to serve state management.
4. The Government shall elaborate this Article; and requirements, procedures and authority for recognition of science and technology enterprises.
Article 40. The National venture capital fund and Local venture capital fund
1. The National venture capital fund is established to invest in and co-invest in startup enterprises; invest in other funds for startup activities, and support the national startup ecosystem. The National venture capital fund is capitalized from the state budget and has the right to receive sponsorships, aid and other legal sources of funds without increasing the Fund’s charter capital.
2. The province-level People’s Committees shall decide on the establishment of the Local venture capital fund to invest in startup activities and support the local startup ecosystem based on resource conditions and practical needs. The Local venture capital fund is capitalized from the state budget and has the right to receive sponsorships, aid and other legal sources of funds without increasing the Fund’s charter capital.
3. The fund operates in accordance with principles of marketing, transparency and controlled risk acceptance, whereby the total loss arising from investment activities does not exceed the risk threshold defined in the investment strategy or investment plan, based on the overall investment list and within an investment cycle approved by the competent authority in accordance with Government’s regulations. The fund does not apply capital preservation requirements on an annual financial year basis, or for specific projects or tasks.
4. The National venture capital fund and Local venture capital fund may collaborate with, or hire professional organizations or individuals to manage and operate the funds. They shall have mechanisms for cooperation to effectively utilize the resources and experts of both domestic and international funds. They have independent supervision and evaluation mechanisms for risk, investment efficiency, social impact and effectiveness in attracting private sector investment. They are obligated to publicly disclose periodic reports, provide explanations and supply information to serve state management.
5. Organizations and individuals managing and operating the National venture capital fund and Local venture capital fund shall be exempt from civil responsibility and excluded from administrative responsibility related to investment losses if the losses arise from objective risks and they have fully complied with investment principles, the fund’s internal regulations and obligations of transparency and honesty during the investment decision-making process.
6. The Government shall elaborate this Article; and regulations on the establishment, organizational structure, operations, management, the proportion of capital sourced from the state budget, capital utilization and supervision mechanisms for the National venture capital fund and Local venture capital fund.
Article 41. Organization of a specialized stock market for startup enterprises
1. The Vietnam Stock Exchange and its subsidiaries shall organize a specialized stock market for startup enterprises through a dedicated trading board for listing and trading shares of startup companies.
2. Participants in the specialized stock market for startup enterprises include professional securities investors as prescribed by securities law, the National venture capital fund, Local venture capital fund, enterprises’ science and technological development funds, domestic and international financial institutions and investment funds for startup activities, startup support organizations, startup enterprises, individual investors for startup activities recognized by competent authorities, and other subjects as prescribed by the Government.
3. The Government shall elaborate this Article; and specific requirements for registration of trading and listing of shares of startup enterprises.
DEVELOPMENT OF SCIENTIFIC, TECHNOLOGICAL AND INNOVATION CAPACITY
Section 1. ORGANIZATIONS ENGAGING IN SCIENCE, TECHNOLOGY AND INNOVATION
Article 42. Development of organizations engaging in science, technology and innovation
1. The State shall promote the development of organizations engaging in science, technology and innovation regardless of whether they are public or non-public organizations; prioritize resources to establish and develop certain organizations that have leading roles and responsibilities in scientific research, technological development and innovation.
2. The Government shall regulate the types of organizations engaging in science, technology and innovation.
Article 43. Science and technology organization
1. Science and technology organizations shall be established under the following types:
a) Scientific research organizations, and scientific research and technological development organizations shall be established in the form of academies, institutes, centers and other forms as prescribed by the Government;
b) Higher education institutions shall be established in accordance with the law on higher education; hospitals shall be established in accordance with the law on medical examination and treatment;
c) Centers, offices and other types provide scientific and technological services as prescribed by the Government.
2. Science and technology organizations shall be established if they satisfy the following requirements:
a) Have the organizational and operational charter, objectives and operational directions in accordance with the law;
b) Have scientific and technological personnel, as well as technical infrastructure that meet the requirements for carrying out the objectives, directions, and organizational and operational charter;
c) For organizations with foreign capital, their purposes, content and fields of activity shall comply with the law, ensure national defense and security, meet the development requirements of Vietnam, and be eligible to establish a working office in Vietnam.
3. Organizations and individuals are allowed to establish and contribute capital to establish science and technology organizations in accordance with the law. The Prime Minister shall regulate the fields in which individuals are permitted to establish or contribute capital to establish science and technology organizations.
4. An organization satisfying requirements prescribed in clause 2 of this Article shall be granted a Certificate of Registration for a Science and technology organization after registering with the competent state authority.
5. Higher education institutions and hospitals established in accordance with laws on higher education and on medical examination and treatment which engages in scientific research, technological development, or provides scientific, technological and innovation services within functions and duties prescribed by the competent authorities shall be granted a Certificate of Registration for a Science and technology organization.
6. Science and technology organizations have the following rights:
a) Be autonomous and self-responsible in scientific, technological and innovation activities within the scope prescribed in the certificate; certificate for business registration or operation in other fields in accordance with relevant regulations;
b) Establish science and technology organizations, affiliated enterprises, representative offices and branches both within Vietnam and abroad with the scope of activity in accordance with the registered fields in Vietnam in accordance with the law;
c) Cooperate, establish joint ventures, receive sponsorships and contribute capital in cash, assets, or intellectual property rights for activities of science, technology and innovation as well as production and business activities in accordance with the law;
d) Convert into an enterprise in accordance with the law;
dd) Be eligible for incentives in accordance with laws on corporate income tax, value-added tax, export tax, and import tax;
e) Receive support in using scientific and technological infrastructure invested from the state budget.
7. Science and technology organizations have the following obligations:
a) Conduct activities of science, technology and innovation in accordance with the fields prescribed in the Certificate of Registration for Science and technology organization;
b) Comply with requirements for science and technology organizations throughout the entire operation process;
c) Comply with state management requirements for science, technology and innovation;
d) Disseminate knowledge and promote the development of science, technology and innovation;
dd) Update the status and results of the annual activities on the National digital platform for science, technology and innovation.
8. The Government shall elaborate this Article; and regulations on authority, procedures for establishment, merger, consolidation, division, separation and dissolution of science and technology organizations.
Article 44. Responsibilities of the superior body of science and technology organizations
1. Inspect and supervise to ensure that the science and technology organizations fully comply with the establishment and operational requirements in accordance with the fields prescribed in the Certificate of Registration for Science and technology organization.
2. Evaluate the operational effectiveness of science and technology organizations as a basis for determining the level of financial support from the state budget, as well as for adjusting, suspending or terminating the activities of such organizations.
3. Be responsible for carrying out the merger, consolidation, division, separation and dissolution of science and technology organizations in accordance with the law.
Article 45. Public science and technology organizations
1. A public science and technology organization is a science and technology organization established and managed by a competent state authority, political organization or socio-political organization.
2. The State shall invest in infrastructure, provide operational funding support, and grant autonomy and accountability to public science and technology organizations regarding organizational structure, personnel, finance, international cooperation, joint ventures and partnerships.
3. Public science and technology organizations, except for higher education institutions, have the right to have personnel who also work at higher education institutions.
4. Public science and technology organizations are allowed to establish, participate in establishing, or contribute capital to enterprises to commercialize results of scientific research, technological development and innovation. They are allowed to appoint their public employees to participate in operation and work regularly of enterprises.
5. Public science and technology organizations are allowed to send their public employees to work at enterprises, or other science and technology organizations for a certain period to exchange academic knowledge, enhance capacity and grasp technological needs. They are responsible for maintaining the salary regime, planning, appointment, emulation, commendation and other policies for public employees being sent.
6. The Government shall elaborate this Article.
Article 46. Specialized public science and technology organizations
1. A specialized public science and technology organization is a public science and technology organization applying specific mechanism regarding finance, organizational structure, staffing and personnel as prescribed by the Government.
2. Specialized public science and technology organizations as prescribed clause 1 of this Article include:
a) Organizations established by a competent authority based on a cooperation agreement with international or national organizations to directly carry out or support scientific research, technological development and innovation in areas prioritized for investment by Vietnam;
b) Excellent centers and research institutes established to bring together domestic experts and scientists, Vietnamese scientists residing abroad, and foreign scientists to work concurrently or on secondment.
3. The Government shall elaborate this Article.
Article 47. Research and development center; Innovation center; Startup support center
1. Research and development center; Innovation center; province-level Innovation center; national-level Innovation center; Startup support center; province-level Startup support center; national-level Startup support center are determined in accordance with criteria regarding technical infrastructure, resources, capacity, objectives and performance outcomes.
2. Organizations engaging in research and development, innovation, startup, innovation support and startup support that meet the criteria prescribed in clause 1 of this Article may request for recognition from the competent authority as a basis for applying preferential policies and support in accordance with the law.
3. Organizations prescribed in clauses 1 and 2 of this Article are given priority in leasing land and infrastructure in industrial parks, export processing zones, economic zones, high-tech parks, high-tech agricultural zones and concentrated digital technology zones; in using equipment for research and development at shared laboratories, incubation facilities and innovation centers. They are supported with information, communication and trade promotion; entitled to incentives and support in accordance with the law. They have the responsibility to provide information on their operational status and the results of benefiting from preferential policies and support for state management purposes.
4. The Government shall elaborate this Article.
Article 48. Public service providers in the fields of science, technology and innovation
Public service providers in the fields of science, technology and innovation include:
1. Public science and technology organizations excluding higher education institutions, hospitals, and science and technology organizations affiliated to these higher education institutions and hospitals;
2. Public innovation centers;
3. Public startup support centers;
4. Other organizations established by competent authorities for providing public services, state management in the fields of science, technology and innovation.
Section 2. DEVELOPMENT OF PERSONNEL FOR SCIENCE, TECHNOLOGY AND INNOVATION
Article 49. Personnel for activities of science, technology and innovation
Personnel for activities of science, technology and innovation includes: individuals who manage, directly carry out or support activities of science, technology and innovation.
Article 50. Titles regarding science and technology
1. Titles regarding science and technology regarding designations that reflect the qualifications, professional expertise and skills of individuals working in the fields of science, technology and innovation.
2. Individuals engaging in activities of science, technology and innovation who participate in undergraduate and postgraduate teaching and training are eligible for recognition and appointment to the titles of professor and associate professor in accordance with laws on higher education.
3. Individuals who hold a doctoral degree, or have outstanding works or high-level awards in science, technology and innovation may be considered for recognition and appointment to higher titles regarding science and technology regardless of years of service.
4. The Government shall elaborate this Article.
Article 51. Rights of individuals engaging in activities of science, technology and innovation
1. Be free to be creative and equal in activities of science, technology and innovation.
2. Be assigned tasks by authorities, organizations or units; be provided with equipment and suitable working conditions.
3. Participate in consulting and proposing opinions on policies; laws; the Strategy for development of science, technology and innovation; and plans related to science, technology and innovation.
4. Cooperate with other organizations and individuals to engage in activities of science, technology and innovation; conclude agreements related to science, technology and innovation.
5. Access to information and databases on science, technology and innovation to conduct activities of science, technology and innovation.
6. Participate in organizations engaging in the fields of science, technology and innovation; participate in scientific, technological and innovation societies and associations.
7. Participate in training, consulting activities; scientific, technological and innovation conferences and seminars. Participate in international cooperation activities in science, technology and innovation.
8. Be eligible for recognition and appointment to titles regarding science and technology in accordance with this Law.
9. Be eligible for receiving commendations, benefits, incentives and support in accordance with this Law and other relevant regulations.
Article 52. Obligations of individuals engaging in activities of science, technology and innovation
1. Contribute intellectual capacity and talent to the development of science, technology and innovation; socio-economic development; and national defense and security.
2. Comply with scientific integrity and professional ethics in activities of science, technology and innovation.
3. Fulfill the responsibility of communicating and disseminating knowledge, results and achievements in science, technology and innovation to the community.
4. Comply with regulations of the employing organization and the agreements of the investing or funding organizations when providing, publishing research results, registering intellectual property rights and transferring technology derived from the results of scientific research, technological development and innovation of that organization.
5. Execute other obligations in accordance with this Law and other relevant regulations.
Article 53. Chief architect of science, technology and innovation
1. If necessary, the competent state authority shall decide to appoint the chief architect as a person with prestige, experience and outstanding capability to lead the implementation of the following programs and tasks:
a) Special programs and tasks related to science, technology and innovation;
b) Programs for science and technology for development of strategic technology;
c) Other large-scale programs and tasks related to science, technology and innovation that are of special significance, interdisciplinary and important for socio-economic development as prescribed by the Government.
2. During the implementation of programs and tasks, the chief architect has the following tasks and powers:
a) Develop, report for approval, and take responsibility for the overall architecture and technology roadmap;
b) Make decisions on strategic technical and technological issues, and resolve complex technical obstacles;
c) Approve major design changes;
d) Direct and provide professional guidelines to the heads of programs, tasks, components (if any) and relevant units;
dd) Access to information and request for explanations;
e) Record professional opinions and report directly to the highest authority in cases of significant disagreements;
g) Participate in the appraisal and evaluation of relevant proposals and projects;
h) Be accountable to the competent authority for the technical and technological results of the program or task.
3. The Government shall regulate the authority and procedures for selection of the chief architect.
4. In addition to the incentives prescribed in clause 1, Article 55 of this Law, during the implementation of the assigned program or task, the chief architect shall also be entitled to the following incentives:
a) Receive salary and special preferential allowance as agreed; be funded by the state budget for the provision of official housing in accordance with housing laws; be provided with official transportation during the performance of duties; and be guaranteed social welfare for the chief architect and their family;
b) Propose to the competent authority the reassignment of human resources in activities of science and technology, as well as science and technology organizations, to participate in the implementation of the task; have the autonomy to select, assign and utilize personnel within the scope of the program or task; hire domestic and international experts, and pay them according to the agreed budget;
c) Independently decide on the use of allocated funds and resources including funds for the direct purchase of foreign technologies, products and equipment that are necessary for decoding at agreed prices, as well as the direct purchase of technological know-how at agreed prices;
d) Be facilitated and financially supported to conduct surveys and scientific exchanges with foreign scientists in order to update new technologies.
5. In the field of national defense, security industry, and industrial mobilization, the recognition of chief architects shall comply with the law on national defense, security industry, and industrial mobilization. Chief architects in these fields are entitled to incentives as prescribed by this Law and the Law on National Defense, Security Industry, and Industrial Mobilization.
6. The Government shall elaborate this Article.
Article 54. Attraction and priority for talents in science, technology and innovation
1. Talents in the fields of science, technology and innovation are individuals with exceptional abilities who have made breakthrough contributions or have an influential impact on the development of these sectors at the national or international level, and satisfy one of the following criteria:
a) Have prestigious domestic or international awards in science and technology; have research results published in leading international scientific journals or presented at specialized international conferences;
b) Be the inventor of a patented invention or protected plant variety; have new, breakthrough products, models, solutions or services that are practically applied and bring significant value to economic and social development, or environmental protection;
c) Have been assigned as the lead of a national or international key project, or a breakthrough innovative startup project.
2. The State has the following policies to attract and prioritize talents in science, technology and innovation:
a) The State shall prioritize the direct assignment of tasks related to science, technology and innovation, especially those serving the development of high technology and strategic technology, to organizations and enterprises that attract talented individuals to participate in implementation;
b) In addition to the preferential policies prescribed in clause 1, Article 55 of this Law, the State has special incentive policies for talents in the fields of science, technology and innovation through financial incentives, non-financial incentives, favorable working conditions and housing arrangements. The State shall create opportunities for long-term career development, attract talents from abroad, and ensure social security for talents and their families;
c) The State shall promote the development of human resources and talents in science, technology and innovation through training and professional skill improvement courses combined with building modern infrastructure, creating opportunities for research and practical application.
3. The identification of talents in the fields of science, technology and innovation is carried out based on specific criteria and evidence without official recognition procedures. Based on the criteria prescribed in clause 1 of this Article, the competent authority assigning the task shall decide on the application of attraction and incentive policies for talents.
4. The Government shall elaborate this Article.
Article 55. Incentives for individuals engaging in activities of science, technology, and innovation
1. Individuals engaging in activities of science, technology, and innovation shall be supported in training, scientific research and technological development. They are given priority in appointment, recruitment, job placement, income, personal income tax, labor, housing, exit, entry, residence and work permit issuance.
2. The chief architect are entitled to incentives as prescribed in clause 4, Article 53 of this Law.
3. The chief architects are entitled to incentives as prescribed in clause 2, Article 54 of this Law.
4. Postdoctoral researchers, candidates in training programs for doctoral degree, learners in training programs for master’s degree are eligible for consideration of research funding from the state budget.
5. Young talented scientists and young talented engineers are given priority support for advanced training abroad; presiding tasks related to science, technology and innovation; and funding for strong research groups in their specialized fields.
6. Outstanding scientists with exceptional achievements in scientific research and technological development shall be considered for funding to proactively carry out breakthrough scientific research and technological development ideas with high application potential contributing to socio-economic development and ensuring national defense and security.
7. Domestic, overseas Vietnamese and foreign experts and scientists shall enjoy the following incentives:
a) They are encouraged to participate in activities of science, technology and innovation in Vietnam;
b) Overseas Vietnamese and foreign experts and scientists during their working period in Vietnam have the rights and obligations prescribed in Articles 51 and 52 of this Law and are entitled to incentives regarding income, working conditions, exit, entry, residence, housing and other incentives as prescribed by law.
8. The Government shall elaborate this Article.
Article 56. State honorary titles, commendations and awards for science, technology and innovation
1. Organizations and individuals with achievements in science, technology and innovation shall be awarded State honorary titles, awards and other forms of commendation in accordance with the law on emulation and commendation.
2. Domestic organizations and individuals; overseas Vietnamese; foreign organizations and individuals shall be awarded prizes to encourage the development of science, technology and innovation in Vietnam in accordance with the law.
3. Organizations and individuals shall be awarded honorary titles and awards for science, technology and innovation for domestic organizations and individuals; overseas Vietnamese; foreign organizations and individuals in accordance with Vietnamese law.
4. Ministries, ministerial-level authorities, other central authorities, and province-level People’s Committees shall consider and confer awards for science, technology and innovation to collectives and individuals with outstanding results in scientific research, technological development and innovation based on the situation and the need for encouragement and commendation within their respective scopes and fields of management.
5. The Government shall elaborate this Article.
Article 57. Individuals, groups of individuals, startup enterprises, investors, experts supporting innovation and startup
1. Individuals, groups of individuals, startup enterprises, supporting experts and individual investors in startups may request competent authorities to recognize them as subjects entitled to preferential policies in accordance with the law and support policies of programs and projects promoting innovation and startups.
2. Individuals, groups of individuals and startup enterprises are given priority in leasing land and infrastructure in industrial parks, export processing zones, economic zones, high-tech zones, high-tech agricultural application zones and concentrated digital technology zones; priority in using equipment for research and development at shared laboratories, incubators and innovation centers; and entitled to support in information, communication and trade promotion.
3. Individuals, groups of individuals and enterprises prescribed in clause 1 of this Article are responsible for providing information about their operational status and the results of benefiting from support policies for the purpose of state management.
4. The Government shall elaborate this Article; and procedures, requirements, authority for recognition of subjects as prescribed in clause 1 of this Article.
Article 58. Employees participating in capital contribution, working, management and operation of enterprises to commercialize research results
1. Public employees and managerial public employees working at public science and technology organization are allowed to participate in capital contribution, management and operation of enterprises, and to work at enterprises established or co-founded by the organization to commercialize research results that are generated by that organization with the consent of the head of the organization.
2. In cases where the managerial public employee is the head of the public science and technology organization, it is required to obtain the consent from his/her superior.
Section 3. INFRASTRUCTURE FOR SCIENCE, TECHNOLOGY AND INNOVATION
Article 59. Construction and development of infrastructure for scientific research, technological development and innovation
1. The State shall invest in the construction, renovation, upgrade, repair, maintenance and operation of facilities, technical infrastructure and equipment serving scientific research, technological development and innovation including development of specialized libraries, specialized museums, research centers, testing centers, national key laboratories, especially technical infrastructure serving the research and development of strategic technologies.
The investment methods for infrastructure for development of strategic technologies shall comply with points a, b, and c, clause 1, Article 36 of this Law.
2. The State shall invest in the construction of shared facilities, technical infrastructure and equipment in certain fields to serve training, scientific research, technological development and innovation.
3. The organization managing shared facilities, technical infrastructure and equipment prescribed in clause 2 of this Article shall have the following responsibilities:
a) Facilitate shared use by organizations and individuals;
b) Disclose the list of equipment, materials and organizations on the National digital platform for science, technology and innovation;
c) Disclose costs and periodic reports on usage effectiveness.
4. The organization managing shared facilities, technical infrastructure and equipment prescribed in clause 2 of this Article may collect service fees based on actual costs including maintenance, repair, operation and depreciation according to disclosed economic and technical norms.
5. The State shall encourage the development of clusters and zones for research, development and innovation including high-tech zones, science parks and innovation clusters.
6. The State shall invest in the construction, development and participation in the operation of infrastructure, networks, and ecosystems supporting domestic and international startups to connect the national startup ecosystem with the international community.
7. The Government shall elaborate this Article.
Article 60. Development of infrastructure for information and statistics on science, technology and innovation
1. The State shall prioritize the investment in infrastructure for information, information resources and statistics on science, technology and innovation including the National digital platform for science, technology and innovation; and National information system for science, technology and innovation to serve research, management, policy planning, socio-economic development, and ensure national defense and security.
2. The State shall invest and support organizations engaging in activities of science, technology and innovation in collecting, processing, managing and disseminating information and knowledge on science, technology, and innovation; and in building open databases to serve the community.
3. Organizations and individuals are encouraged to sponsor and participate in the activities prescribed in clauses 1 and 2 of this Article.
FINANCE FOR SCIENCE, TECHNOLOGY AND INNOVATION
Article 61. State budget for science, technology and innovation
1. The State shall ensure an annual expenditure on science, technology and innovation of at least 2% of the total State budget expenditure included in the minimum total budget allocation of 3% of the State budget for the development of science, technology, innovation and digital transformation. The expenditure may be gradually increased according to development requirements to implement the Party and State’s policies and guidelines in each period.
2. The State budget allocated for science, technology and innovation shall be used with focus and priority; closely linked to the results and effectiveness of task implementation in accordance with the principle of emphasizing the responsibility of central and local authorities.
3. The State shall promulgate policies to support the State budget in order to encourage organizations and enterprises to invest in science, technology and innovation.
4. The Government shall elaborate this Article.
Article 62. Content of State budget expenditures for science, technology and innovation
1. The State budget expenditures for science, technology and innovation shall be used for the following content:
a) Expenditure on investment for development of science, technology and innovation infrastructure;
b) Expenditure for performing tasks related to science, technology and innovation that are directly assigned, selected or funded by the State;
c) Expenditure for activities supporting scientific research, technological development, technology application, technology transfer, innovation and startup; research and development of national standards and technical regulations; registration, protection, management and use of intellectual property rights;
d) Expenditure for supporting the regular activities of public science and technology organizations;
dd) Expenditure for tasks assigned by competent authorities to public science and technology organizations beyond the scope of the recurrent estimates prescribed in point d of this clause;
e) Expenditure for the management of science, technology and innovation;
g) Expenditure for policies for attracting, utilizing and incentives for individuals engaging in activities of science, technology and innovation;
h) Expenditure for providing charter capital for venture capital funds; expenditure for management and operations according to the functions of the National Foundation for Science and Technological development (NAFOSTED), the National Technology Innovation Foundation (NATIF), and funds for development of science, technology and innovation of Ministries, ministerial-level authorities, governmental authorities, other central authorities and province-level People’s Committees;
i) Expenditure for international cooperation activities in the field of science, technology and innovation;
k) Other expenditures.
2. The Government shall elaborate this Article.
Article 63. Preparation of estimates, allocation, management, use and finalization of the state budget for science, technology and innovation
1. The preparation of development investment for science, technology and innovation in the five-year financial plan and the medium-term public investment plan shall comply with the Law on State Budget and the Law on Public Investment to ensure consistency with the Strategy for development of science, technology and innovation and the development objectives of science, technology and innovation for each period.
2. The annual state budget expenditure estimates for science, technology and innovation shall be prepared as follows:
a) Include estimates for development investment expenditures and regular operational expenditures for science, technology and innovation for both central and local budgets;
b) Be prepared in accordance with the expenditure contents prescribed in clause 1, Article 62 of this Law in accordance with guidelines of the central state management authority on science, technology and innovation;
c) Be prepared in accordance with the medium-term public investment plan, the five-year general plan for science, technology and innovation, and plans related to science, technology and innovation of Ministries, ministerial-level authorities, governmental authorities, other central authorities, and province-level People’s Committees;
d) Prepare the annual budget estimate from the state budget for tasks related to science, technology and innovation funded and commissioned by the State which includes budget estimates for ongoing tasks and new tasks based on the number of projected tasks and the average annual budget of tasks in previous years determined by each type of task. This estimate shall be increased if there are changes in relevant policies and regulations, or adjusted due to inflation or deflation;
dd) Prepare the annual budget estimate to support regular activities of public science and technology organizations which includes the human resource capacity, facilities and the organization’s field of expertise based on the expected scope of activities determined by the superior authority and the estimated necessary funding for implementation. The preparation of the budget estimate for the next phase is determined based on the evaluation of the organization’s performance in the last period. The annual state budget estimate for implementing tasks related to science, technology and innovation for public science and technology organizations includes budget estimates for ongoing tasks and new tasks based on the number of projected tasks and the average annual budget of tasks in previous years. This estimate shall be increased if there are changes in relevant policies and regulations, or adjusted due to inflation or deflation;
e) Prepare annual budget estimate from other development investment funds based on the decisions on approval of tasks, disbursement progress and the results of the evaluated work items. Ministries, ministerial authorities, other central and local authorities are responsible for consolidating the annual development investment expenditure plans including the list and allocated capital for each program, task, and project; and submitting them to the state management authorities for science, technology and innovation for consolidation.
3. The allocation of the state budget for science, technology and innovation shall be conducted in accordance with the following principles:
a) Comply with the Strategy for development of socio-economy, national defense and security, and the Strategy for development of science, technology and innovation. Link to the five-year general plan on science, technology, and innovation; approved plans on science, technology and innovation, prioritized technology orientations; and approved programs for science, technology and innovation;
b) Prioritize the allocation of state budget for large-scale, interdisciplinary and interregional tasks and programs involving participation from enterprises; and generate technology spillover effects, especially in strategic technologies and emerging technologies that are crucial to the country’s competitive capacity;
c) Allocate the state budget based on the evaluation of the performance of tasks, the effectiveness of state budget utilization in previous periods, and the actual contribution capacity of tasks, programs, and projects to the objectives of science, technology and innovation development. The Ministries, ministerial authorities, governmental authorities, other central and local authorities are responsible for explaining the evaluation;
d) Ensure the openness and transparency;
dd) Funding for sponsoring and commissioning tasks related to science, technology and innovation; interest rate support funds; and funding to support the implementation of activities of science, technology and innovation allocated to the funds prescribed in Articles 64 and 65 of this Law shall be disbursed by payment order into the accounts of these funds at the State Treasury;
e) The portion of the state budget not allocated through the funds shall be directly assigned as budget estimates to the units using the state budget in accordance with the law.
4. The management and use of the state budget are as follows:
a) The state budget shall be used for ensuring overall efficiency and disbursement progress. Units using the state budget shall take responsibility to use the state budget under regular supervision, inspection and evaluation of competent authorities;
b) The heads of authorities and units using the state budget are responsible for managing and utilizing the state budget; evaluating and reporting on the implementation status, results and effectiveness of the state budget usage on the National digital platform for science, technology and innovation; fully archiving documents and providing explanations when requested by competent authorities;
c) Funding for the implementation tasks related to science, technology and innovation shall be disbursed in accordance with the payment order of the presiding organization, and finalized upon the completion of the contract regardless of the fiscal year. The annual state budget finalization shall be conducted according to the budget cycle for the actual expenditure confirmed by the State Treasury where the presiding organization’s transaction account is opened;
d) The heads of authorities and units using the state budget have the autonomy and responsibility to use the funds supporting the regular operations of public science and technology organizations to ensure the fulfillment of committed output results according to the annually assigned state budget estimates.
5. Tasks related to science, technology and innovation shall apply lump-sum fixed funding or fixed funding by installments according to the specific research content as follows:
a) Lump-sum fixed funding is applied when the presiding organization commits to achieving the products as the final results of the task. When lump-sum fixed funding is applied, the presiding organization has autonomy and discretion in using the funds; is allowed to adjust expense items and content; and shall settle the total actual expenditure for the task according to the lump-sum categories for science, technology, innovation and digital transformation;
b) Regarding fixed funding by installments based on research content, the presiding organization has autonomy in using the lump-sum funds, except for expenses for purchasing equipment for task implementation, outsourcing services without established standards or norms, and overseas business trips. The presiding organization has the right to adjust expense items within the same category;
c) The presiding organization is allowed to use funds from labor contributions to hire domestic and foreign experts under agreements; responsible for using the funds for the intended purposes, archiving documents and providing explanations when being requested. Funds for labor contributions shall be recorded as revenue of the presiding organization to pay individuals participating in the task, supporting the task and other specialized contracted activities, except for payments to individuals outside of the presiding organization.
6. The finalization of the state budget for science, technology and innovation shall be conducted in accordance with laws on the state budget and on public investment.
7. The Government shall elaborate this Article.
Article 64. National Foundation for Science and Technological development (NAFOSTED), National Technology Innovation Foundation (NATIF)
1. NAFOSTED is established from annual funding allocated from the state budget, voluntary contributions, donations and lawful gifts from organizations and individuals. NAFOSTED performs the functions of sponsoring and commissioning the implementation of programs for science, technology, and innovation; and tasks related to science, technology and innovation. Tasks related to science, technology and innovation. It also supports activities to enhance the national science and technology capacity.
2. NATIF is established from annual funding allocated from the state budget, voluntary contributions, donations and lawful gifts from organizations and individuals. NATIF performs the functions of sponsoring and commissioning the implementation of programs and tasks related to science, technology and innovation; providing interest rate support for loans; supporting funding for technology application, technology transfer, technological innovation, and innovation activities; supporting the development of innovation systems, startup ecosystems, and promoting a culture of innovation and startup.
3. The planning and determination of the total annual state budget allocation for the funds prescribed in clauses 1 and 2 of this Article do not include voluntary contributions, donations, and gifts from organizations and individuals. At the end of the fiscal year, any unused voluntary contributions, donations and gifts may be retained by the fund for use and are not required to be returned to the state budget.
4. NAFOSTED and NATIF are not state financial funds outside the state budget.
5. The Government shall elaborate this Article.
Article 65. Fund for development of science, technology and innovation of ministries, ministerial authorities, governmental authorities, other central agencies and province-level People’s Committees
1. Ministries, ministerial authorities, governmental authorities, other central agencies and province-level People’s Committees may establish Fund for development of science, technology and innovation based on actual conditions to commission and sponsor programs and tasks related to science, technology, and innovation; provide funding support and loan interest subsidies for technology application, technology transfer, technological innovation and innovation activities; support capacity building in science and technology; support the development of innovation systems, startup ecosystems, and promote a culture of innovation and startup.
2. The Fund’s financial resources are allocated annually from the state budget, as well as from voluntary contributions, donations and lawful gifts from organizations and individuals.
3. The planning and determination of the total annual state budget allocation for the Fund do not include voluntary contributions, donations and lawful gifts from organizations and individuals. At the end of the fiscal year, any unused voluntary contributions, donations and gifts may be retained by the Fund for use and are not required to be returned to the state budget.
4. The Fund’s performance shall be periodically evaluated based on its effectiveness in serving strategic objectives; five-year general plan for science, technology, and innovation; plans related to science, technology, and innovation; its ability to contribute to socio-economic development to ensure national defense and security, and promote the development of various sectors and fields.
5. Ministries, ministerial authorities, governmental authorities, other central authorities and province-level People’s Committees shall assign existing authorities or units within their organizational system to perform the fund management, take responsibility for inspecting and supervising the activities of the fund management units, and ensure that the disbursement and use of the allocated state budget are carried out on schedule and effectively.
6. The Government shall elaborate this Article.
Article 66. . Fund for development of science and technology of enterprises, organizations and service providers
1. Enterprises, organizations and service providers are permitted to allocate funds to the fund for development of science and technology in accordance with laws on corporate income tax. The fund may receive voluntary contributions, donations and lawful gifts from organizations and individuals to carry out its tasks.
2. Enterprises, organizations and service providers are allowed to use the fund for development of science and technology to carry out the following activities:
a) Directly perform, commission or contract the implementation of scientific research, technological development and innovation activities;
b) Support scientific research, technological development and innovation activities; research, develop and apply basic standards; register, protect, manage and utilize intellectual property rights;
c) Organize or commission research abroad without going through an investment project;
d) Carry out the purchase, merger, investment or co-investment in startup projects or startup enterprises. Enterprises, organizations and service providers are allowed to use a maximum of 5% of their annual taxable income for the activities prescribed in this point;
dd) Perform other tasks as prescribed in this Law..
3. In addition to the activities prescribed in clause 2 of this Article, state-owned enterprises are allowed to use the fund for development of science and technology to implement key projects and strategic projects for technological development under the special mechanism prescribed in Article 31 of this Law.
4. Enterprises, organizations and service providers have the right to autonomy and are fully responsible for the management and use of the fund for development of science and technology.
5. The use of the fund for development of science and technology by state-owned enterprises; public science and technology organizations; and service providers to carry out the purchase, merger, investment or co-investment in startup enterprises must meet the following requirements:
a) Ensure the openness, transparency, financial risk management; prevent conflicts of interest;
b) Investment efficiency shall be considered based on comprehensive, long-term evaluation. The requirement for annual capital preservation and evaluation for each project or task shall not apply.
c) The total investment in startup enterprises shall not exceed the risk threshold approved in the fund’s investment plan which is determined based on the general investment portfolio or within a determined investment cycle;
d) There shall be a mechanism for periodic supervision and evaluation of investment results with timely handling of risks and losses (if any).
6. Enterprises, organizations, service providers and individuals managing and using the fund shall be exempt from civil responsibility and administrative responsibility related to investment losses arising from investment activities prescribed in clause 5 of this Article in cases where losses occur despite having fully complied with all relevant procedures and regulations during the investment process, and having been transparent, open, and honest in the investment decision-making process.
7. The Government shall elaborate this Article.
Article 67. Incentives in using the state budget for purchasing products and goods of organizations and enterprises engaging in the science, technology and innovation
1. High-tech products in the List of high-tech products encouraged for development and produced by high-tech enterprises or enterprises newly established from investment projects for producing high-tech products that are recognized in accordance with high-tech laws; products and goods produced from special tasks related to science, technology and innovation; products and goods produced from tasks related to science, technology and innovation shall be given preferential treatment in accordance with the law on bidding.
2. The State shall consider funding the costs of testing, inspection and quality evaluation of products involved in procurement using the state budget in the following cases:
a) Products of startup enterprises; science and technology organizations; science and technology enterprises, high-tech enterprises; and enterprises producing strategic technology products;
b) Products of organizations, enterprises that are results of domestic scientific research, technological development and innovation.
3. The Government shall elaborate this Article.
INTERNATIONAL INTEGRATION AND COOPERATION IN SCIENCE, TECHNOLOGY AND INNOVATION
Article 68. Principles for international integration and cooperation in science, technology and innovation
1. Actively and proactively integrate on the basis of ensuring independence, sovereignty, national security, equality and mutual benefit; participate in addressing global scientific and technological issues.
2. Diversify and multilaterally expand cooperation and investment with foreign countries; ensure an appropriate budget and financial mechanisms to participate in integration activities.
3. Develop science, technology and innovation according to international standards aligned with socio-economic development and assurance of national defense and security.
4. Selectively absorb international experiences, especially from countries with developed science, technology and innovation ecosystems; leverage international resources to improve the capacity for scientific research, technological development and innovation, particularly in high technology and strategic technologies.
5. Ensure that the intellectual property rights of parties participating in international cooperation are protected through international treaties to which the Socialist Republic of Vietnam is a member.
Article 69. Activities related to international integration and cooperation in science, technology, and innovation
1. Participate in the development and shaping of regional and international cooperation mechanisms for science, technology and innovation.
2. Participate in regional and international organizations and associations in the fields of science, technology and innovation.
3. Collaborate with foreign and international organizations in establishing institutions and implementing joint activities in science, technology and innovation.
4. Attract or hire experts and scientists who are Vietnamese residing abroad, as well as foreign experts and scientists.
5. Seek and transfer advanced foreign technologies; promote results of scientific research, technological development and innovation to foreign countries.
6. Develop a network of science and technology representatives abroad.
Article 70. Promotion of international integration and cooperation in science, technology and innovation
1. The State shall sponsor tasks related to science, technology and innovation through bilateral and multilateral cooperation and technology transfer.
2. Funding for sponsoring and commissioning scientific research, technological development and innovation activities in international cooperation shall be used in accordance with regulations of the funding organization and Vietnamese law.
3. The State shall contribute to joint research funds with countries and international organizations in accordance with signed international treaties and agreements.
4. The State shall provide legal support and consultation to organizations and individuals participating in international cooperation to protect intellectual property rights and resolve disputes related to technology transfer.
5. The Government shall elaborate this Article.
Article 71. Amendments to some articles, clauses of relevant laws and resolutions
1. Article 6a is added after Article 6 of the Law on High Technologies No. 21/2008/QH12 (amended by some articles of the Law No. 32/2013/QH13, No. 67/2014/QH13 and Law No. 71/2025/QH15):
“Article 6a. Strategic technology
1. Strategic technology is high technology prioritized for investment and development that meets one of the requirements; creates breakthrough development, high-quality socio-economic development; serves as a foundation for industries and services; or holds strategic importance for national defense and security.
2. A strategic technology product is a high-tech product encouraged for development and developed from strategic technology. A strategic technology product shall satisfy one of the following requirements:
a) Has a high localization rate in the product value structure;
b) Make a significant contribution to economic growth based on capital, labor and total factor productivity;
c) Have a positive spillover effect on socio-economic development, or national defense and security.
3. The Prime Minister shall issue the List of strategic technologies and strategic technology products.
4. The State shall allocate a proportion of the state budget to ensure funding for strategic technology including science and technology programs for the development of strategic technologies.”.
2. Some articles of the Law on Technology Transfer No. 07/2017/QH14 (amended by the Law No. 16/2023/QH15) are amended as follow:
a) Addition of Article 21a after Article 21 in Chapter II:
“Article 21a. Appraisal and transfer of technology in special cases
1. Appraisal of technology in cases where organizations or individuals request the appraisal of technologies that they have developed or they have invested in for application in production and business.
2. In bidding packages organized for international bidding to implement important projects of national significance, the bidding documents must include commitments from the general contractor and foreign contractors regarding technology transfer and training of human resources for Vietnamese organizations and enterprises. The technology transfer shall comply with this Law.
3. The Government shall elaborate this Article.”.
b) Amendments to Article 38:
“Article 38. National Technology Innovation Foundation (NATIF)
NATIF shall comply with the Law on Science, Technology and Innovation.”;
c) Amendments to clause 3, Article 39:
“3. Organizations and individuals receiving technology transfer from abroad into Vietnam; organizations and individuals transferring technology from Vietnam to abroad; organizations and individuals conducting scientific research, technological development, technology transfer, technology decoding and innovation at enterprises;”;
d) The phrase “National Foundation for Science and Technological development, National Technology Innovation Foundation” in clause 3, Article 35 is removed;
dd) The phrase “National Technology Innovation Foundation” in clause 5, Article 35 is removed.
3. Clauses 18, 19, 20 are added after clause 17, Article 4 of the Law on Personal Income Tax No. 04/2007/QH12 (amended by the Law No. 26/2012/QH13, Law No. 71/2014/QH13, Law No. 31/2024/QH15, Law No. 43/2024/QH15, Law No. 48/2024/QH15, Law No. 56/2024/QH15 and Law No. 71/2025/QH15):
“18. Income from wages and salaries earned from performing tasks related to science, technology and innovation.
19. Income from copyrights of tasks related to science, technology and innovation when the results of the tasks are commercialized in accordance with laws on science, technology, and innovation; and on intellectual property.
20. Income of individual investors and experts working for startup projects; founders of startup enterprises; and individual investors contributing capital to venture capital funds.”.
4. Point m is added after point l, clause 1, Article 157 of the Law on Land No. 31/2024/QH15 (amended by some articles of the Law No. 43/2024/QH15, No. 47/2024/QH15, Law No. 58/2024/QH15 and Law No. 84/2025/QH15):
“ m) Land used for building laboratories; land for establishing facilities for technology incubation, and incubation of science and technology enterprise; land for building experimental facilities; land for constructing pilot production facilities; land for building shared infrastructure and facilities to support scientific research, technological development and innovation of science and technology enterprises; science and technology organizations; research and development centers; national innovation centers; national startup support centers; province-level innovation centers; and province-level startup support centers.”.
5. Some articles of the Law on Press No. 103/2016/QH13 (amended by the Law No. 35/2018/QH14) are amended as follow:
a) Amendments to clause 2, Article 14:
“2. Higher education institutions as prescribed by the Law on Higher Education; organizations conducting scientific research, and organizations conducting scientific research and technological development established in the form of academies or institutes as stipulated by the Law on Science, Technology, and Innovation; province-level hospitals or higher are allowed to establish scientific journal agencies.
Scientific journal agencies are allowed to publish multiple scientific journals.”.
b) Amendments to clause 1, Article 21:
“1. Press agencies operating under the model of service providers with revenues.
Scientific journal agencies shall operate in accordance with the model of their superior authorities.”;
c) Amendments to point c, clause 2, Article 23:
“c) Has a valid press card. This standard does not apply to the heads of the press agencies of religious organizations or scientific journal agencies;”;
d) Amendments to point c, clause 1c Article 27:
“c) There must be at least 02 consecutive years working at the press agency at the time of consideration for issuance of card in case of first-time issuance, except for the editor-in-chief of scientific journal and other cases as prescribed by law;”.
6. Point b, clause 2, Article 83a of the Law on Construction No. 50/2014/QH13 (amended by the Law No. 03/2016/QH14, Law No. 35/2018/QH14, Law No. 40/2019/QH14, Law No. 62/2020/QH14, Law No. 45/2024/QH15, Law No. 47/2024/QH15, Law No. 55/2024/QH15, Law No. 61/2024/QH15 and Law No. 84/2025/QH15) are amended as follows:
“b) The conformity of the construction design with the basic design appraised by the specialized construction authority, except in cases where the construction design includes design solutions or technologies that are the results of scientific research, technological development and innovation without altering the functionality of the works and the investment objectives of the project;.”
7. Some articles of the Law on Intellectual Property No. 50/2005/QH11 (amended by the Law No. 36/2009/QH12, Law No. 42/2019/QH14 and Law No. 07/2022/QH15) are amended and annulled as follow:
a) Amendments to point b, clause 1, Article 86:
b) Organizations or individuals investing funds and material resources for authors in the form of task assignment or contract work; organizations or individuals assigned to manage genetic resources providing genetic resources and traditional knowledge about genetic resources under access and benefit-sharing agreements, except in cases where the parties have other agreements.”;
b) Amendments to clause 1, Article 135:
“1. The owner of an invention, industrial design or layout design is obliged to pay remuneration to the author as agreed. If there is no agreement, the remuneration paid to the author shall comply with the following regulations:
a) In the case where the owner uses prescribed subject themselves in production or business activities, the owner shall pay 10% of the pre-tax profit obtained that is corresponding to the value of the invention, industrial design or layout design contributes to the product, service, or production and business activities using that invention, industrial design or layout design;
b) In the case where the owner transfers the right to use these objects, the owner shall pay 15% of the total amount that they receives each time a payment is made from the transfer before tax payment.”;
c) Amendments to clause 3, Article 135:
“3. In the case where an invention, industrial design or layout design has multiple co-authors, the remuneration prescribed in clause 1 of this Article shall be paid for all co-authors. The co-authors shall mutually agree on the distribution of the remuneration paid by the owner.”;
d) Amendments to point b, clause 2, Article 164:
“b) Organizations or individuals investing in authors who breed, discover and develop plant varieties under the form of task assignment or contract work, except in cases where the parties have other agreements;”;
dd) Amendments to the first sentence and point a, clause 1, Article 191:
“1. The holder of the plant variety protection certificate is obliged to pay remuneration to the author of the plant variety as agreed. If there is no agreement, the remuneration paid to the author shall comply with the following regulations:
a) 10% of the pre-tax profit that the holder of the plant variety protection certificate obtains from using the protected plant variety by themselves for the production and business of that plant variety;”;
e) Amendments to clause 3, Article 191:
“3. In the case where the plant variety has multiple co-authors, the remuneration prescribed in clause 1 of this Article shall be paid for all co-authors. The co-authors shall mutually agree on the distribution of the remuneration paid by the owner.”;
g) The phrase “, Article 86a” in clause 3, Article 60; clause 4, Article 65; and clause 2, Article 71 are annulled;
h) Article 86a; Article 133a; clause 2, Article 135; Article 136a; clause 6, Article 139; clauses 3 and 4, Article 164; clause 2, Article 191; Article 191a; Article 191b; clause 4, Article 194 are annulled.
8. Point e, clause 1, Article 45 of the Law on Housing No. 27/2023/QH15 (amended by the Law No. 43/2024/QH15, Law No. 47/2024/QH15, Law No. 84/2025/QH15 and Law No. 90/2025/QH15) are amended as follow:
“e) Chief architect as prescribed by laws on science, technology, and innovation; talents who have made significant contributions to the nation and are recognized by competent authorities in accordance with other relevant regulations;”.
9. Articles 3, 4, 5, 6, 7, 8 and 9 of Resolution No. 193/2025/QH15 on some special mechanisms and policies to create breakthroughs in the development of science, technology, innovation, and national digital transformation are annulled.
1. This Law comes into force from October 01, 2025, except for clause 2 of this Article.
2. Articles 15, 61, 62, 63, 64, 65 and 66 of this Law comes into force from July 01, 2025.
3. The Law on Science and Technology No. 29/2013/QH13 that is amended by the Law No. 28/2018/QH14 and Law No. 07/2022/QH15 (hereinafter referred to as Law on Science and Technology No. 29/2013/QH13) ceases to be effective from the effective date of this Law, except for clauses 1, 2, 3, 6, 8 and 9, Article 73 of this Law.
Article 73. Transitional provisions
1. For proposals of science and technology tasks, and proposals for commissioning science and technology tasks that have been submitted to the competent state authorities but have not been approved or assigned for implementation by October 01, 2025, the procedures for recognition, selection, assignment and approval of science and technology tasks shall be carried out in accordance with the Law on Science and Technology No. 29/2013/QH13 and its guidelines.
2. For dossiers on registration for implementation of science and technology tasks submitted to NAFOSTED before October 01, 2025, the evaluation procedures for funding the implementation of science and technology tasks shall be carried out in accordance with the Law on Science and Technology No. 29/2013/QH13 and its guidelines.
3. For science and technology tasks approved by competent authorities and assigned for implementation before October 01, 2025, the execution of tasks shall follow the Law on Science and Technology No. 29/2013/QH13, Resolution No. 193/2025/QH15, and guidelines in effect at the time the tasks were approved.
4. For science and technology tasks funded by the state budget that have been approved by competent authorities and assigned for implementation before October 01, 2025 but have not been granted decision on the handling of equipment for the implementation of the science and technology tasks, and the results of such tasks in accordance with laws on management and use of public properties, the handling of equipment and the results of these science and technology tasks shall be conducted in accordance with this Law.
5. The Government shall promulgate transitional provisions on operation of NATIF.
6. For applications for certification as science and technology enterprises submitted to the competent state authorities before October 01, 2025, the procedures for issuance of the Certificate of Science and Technology Enterprise shall be carried out in accordance with the Law on Science and Technology No. 29/2013/QH13 and its guidelines.
7. The distribution of profits from the commercialization of research results as prescribed in Article 28 of this Law shall apply to undistributed profits from the commercialization of inventions, industrial designs, layout designs and plant varieties that are results of scientific research and technological development of tasks assigned from January 01, 2023 to before October 01, 2025, and for which protection certificates have been granted by competent state management authorities on intellectual property.
8. The Certificate of Registration for Science and Technology Activities issued by competent authorities before the effective date of this Law shall remain valid. Requests for amendments of information or re-issuance of the Certificate of Registration for Science and Technology Activities shall be carried out in accordance with this Law.
9. Representative offices and branches of foreign science and technology organizations in Vietnam that have been granted licenses for establishment of their representative offices or branches in Vietnam shall continue to operate until such licenses expire.
This Law was ratified by the 9th meeting of the 15th National Assembly of Socialist Republic of Vietnam on June 27, 2025.
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PRESIDENT OF THE NATIONAL ASSEMBLY Tran Thanh Man |
