Decree No. 13/2019/ND-CP science and technology enterprises

DECREE

On science and technology enterprises^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 18, 2013 Law on Science and Technology;

Pursuant to the November 26, 2014 Law on Enterprises;

Pursuant to the November 26, 2014 Investment Law;

Pursuant to the November 29, 2013 Land Law;

At the proposal of the Minister of Science and Technology;

The Government promulgates the Decree on science and technology enterprises.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. Scope of regulation

This Decree details and guides the implementation of Article 58 of the Law on Science and Technology regarding science and technology enterprises.

2. Subjects of application

This Decree applies to:

a/ Enterprises established and operating in accordance with Vietnam’s law and conducting production, business and service activities which stem from science and technology results;

b/ Other organizations and individuals engaged in the certification of science and technology enterprises and implementation of the State’s policies on incentives and supports for science and technology enterprises.

Article 2. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Products formed from science and technology results (including post-incubation technologies, goods, products, services and other forms) means results of the process of production or service provision based on the application or development of science and technology results.

2. Land for construction of scientific research facilities of science and technology enterprises means land for construction of laboratories, technology incubation and science and technology enterprise incubation facilities, experimental facilities, and trial production facilities.

Article 3. Science and technology results

1. Results of science and technology activities, results of the performance of science and technology tasks, and results of the scientific research and technological development are collectively referred to as science and technology results. Science and technology results serve as a basis for consideration and grant of science and technology enterprise certificates.

2. Science and technology results take one of the following forms:

a/ Inventions, utility solutions, industrial designs, semi-conductor integrated circuit layout designs, and plant varieties which have been granted protection titles in accordance with the law on intellectual property or recognized as being internationally registered under treaties to which Vietnam is a contracting party; computer programs which have been granted certificates of registration of copyright;

b/ New animal breeds, new plant varieties, new aquatic animal breeds, new forestry plant varieties, and technical advances which have been recognized by the Ministry of Agriculture and Rural Development;

c/ Results of the performance of tasks which have been awarded science and technology prizes organized or jointly organized by, or organized under the permission of, competent state agencies in accordance with the law on science and technology prizes;

d/ Science and technology results which have been certified or recognized by competent agencies in accordance with law.

dd/ Transferred technologies which have been certified by competent agencies in accordance with law.

3. Enterprises implementing new investment projects in scientific research and technological development means enterprises using science and technology results to implement new production and business projects or to replace all existing technologies in their production and business activities.

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