Law on Science, Technology and Innovation 2025, No. 93/2025/QH15
ATTRIBUTE Law on Science
| Issuing body: | National Assembly of the Socialist Republic of Vietnam | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 93/2025/QH15 | Signer: | Tran Thanh Man |
| Type: | Law | Expiry date: | Updating |
| Issuing date: | 27/06/2025 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Enterprise , Science - Technology , Information - Communications |
THE NATIONAL ASSEMBLY |
| THE SOCIALIST REPUBLIC OF VIETNAM |
No. 93/2025/QH15 |
|
|
LAW
On Science, Technology and Innovation[1]
Pursuant to the Constitution of the Socialist Republic of Vietnam, which has a number of articles amended and supplemented under Resolution No. 203/2025/QH15;
The National Assembly promulgates the Law on Science, Technology and Innovation.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law provides for science, technology and innovation activities of agencies, organizations and individuals; and policies and measures to ensure the development of science and technology and to promote innovation.
Article 2. Subjects of application
This Law applies to agencies, organizations and individuals that directly participate in or are related to science, technology and innovation activities in Vietnam or that participate in or are related to such activities outside the territory of Vietnam but have rights and obligations in accordance with Vietnam’s law or treaties to which the Socialist Republic of Vietnam is a contracting party.
Article 3. Interpretation of terms
In this Law, the terms below are construed as follows:
1. Science means a system of knowledge about the nature and the laws governing the existence and development of things, natural and social phenomena, and human thinking.
2. Technology means a set of technical solutions, processes and tools, including also know-how, that are created through the application of scientific knowledge and experience to transform resources into products.
3. Innovation means activities that create new products, services, processes or business models or significantly improve existing products, services, processes or business models.
4. Science, technology and innovation activities include:
a/ Basic research;
b/ Applied research;
c/ Technological development; development of social solutions;
d/ Trial production;
dd/ Technology application and transfer;
e/ Innovation based on technology renewal, technology creation and improvement of technological efficiency;
g/ Innovative startup activities;
h/ Provision of science, technology and innovation services;
i/ Activities relating to initiatives, technical improvement and knowledge creation, and other relevant activities.
5. Science, technology and innovation tasks means a form of organization of tasks to address science, technology and innovation issues to meet practical socio-economic development requirements, ensure national defense and security, and promote the development of science, technology and innovation.
6. Basic research means research activities aimed at discovering the nature and laws of things, natural and social phenomena and human thinking.
7. Applied research means scientific research activities involving the use of scientific knowledge to create solutions serving practical needs in production and business activities and socio-economic life.
8. Technological development means the process of applying scientific research outcomes and experience to design, test, improve and standardize technical processes to create new technologies or to improve technologies in conformity with practical application conditions.
9. Development of social solutions means the development and implementation of initiatives or new solutions to effectively and sustainably address social, community and environmental issues, thereby contributing to the creation of social value.
10. Trial production means the production of new products on a trial basis under actual production conditions to assess the quality, costs and commercialization possibility of products before commercial production.
11. Innovative startup activities means the process of forming and developing innovative business models based on technology, breakthrough ideas or new business models, conducted by individuals, groups of individuals or organizations, to create new values or address market or socio-economic issues.
12. Science, technology and innovation services means activities that serve, and provide technical support for, science and technology activities, innovation activities and innovative startup activities.
13. Innovation support means activities of providing resources and services for innovation, including those related to intellectual property, standards, metrology and quality, technical infrastructure, working space, legal affairs, market information, finance, trade, communication and investment connection, and other necessary support.
14. Innovative startup support means the activities specified in Clause 13 of this Article that aim to provide resources and services for innovative startup activities.
15. Science and technology organization means an organization established in accordance with law to conduct scientific research and technological development or to provide science, technology and innovation services.
16. Research and development center means an organization specialized in conducting scientific research and technological development and recognized based on the criteria of capacity and performance results.
17. Innovation center means an organization that implements and supports innovation and innovative startup activities, and is recognized based on the criteria of capacity and performance results.
18. Innovative startup enterprise means an enterprise that implements an innovative business model, and has rapid growth potential and market-scaling capacity based on the effective utilization of technology, intellectual property rights, breakthrough ideas or new business models.
19. National Digital Platform for Science, Technology and Innovation Management is a digitalized system serving the state management work and the monitoring and evaluation of the results and effectiveness of science, technology and innovation activities nationwide.
20. National Information System on Science, Technology and Innovation is a digital infrastructure serving the storage, sharing, dissemination, exploitation and public use of outcomes of science, technology and innovation activities by organizations and individuals.
21. Innovation system means the overall set of actors and linkages among enterprises, education institutions, research institutions, intermediary organizations, state agencies, communities and institutional structures that aim to promote the creation or improvement of products, services and business models for raising performance, added value, socio-economic efficiency and quality of life.
Article 4. Application of the Law on Science, Technology and Innovation
In case this Law contains provisions different from those of other laws or resolutions of the National Assembly concerning science, technology and innovation, the provisions of this Law shall apply, unless such other laws or resolutions of the National Assembly provide more preferential or incentive mechanisms and policies; in these cases, the Government shall decide on the application of such mechanisms and policies.
Article 5. Principles in science, technology and innovation activities
1. Science, technology and innovation activities must stem from practical requirements and forecasts of development trends; serve socio-economic development, ensure national defense and security, improve the quality of life, protect the environment and promote sustainable development; follow the human-centered approach and respect human rights.
2. Research in the fields of medicine, biotechnology and artificial intelligence and other fields directly related to humans must comply with this Law and other relevant laws and ensure that technology development and application are always placed under human supervision and control.
3. To ensure freedom of research and creation; to uphold and comply with professional ethics, professional requirements, honesty, objectivity and responsibility in science, technology and innovation activities.
4. To develop a system of standards for use as a foundation for establishing technological benchmarks, setting orientations for technology research, development and application, and providing a basis for preventing and eliminating outdated technologies and technologies that adversely affect socio-economic development, national defense and security, the environment and human health; supporting the registration, protection, management and exploitation of intellectual property rights; and promoting innovation activities.
5. The State shall manage science, technology and innovation activities primarily based on the principle of post-licensing inspection, focusing on evaluating implementation results and not intervening in implementation methods and processes, ensuring autonomy and accountability of organizations, enterprises and individuals. When necessary, the pre-licensing inspection principle may be applied, provided that it does not hinder science, technology and innovation activities.
Article 6. Strategic orientations and policies for science, technology and innovation development
1. Strategic orientations for science, technology and innovation development:
a/ To link science, technology and innovation activities to socio-economic development goals, promotion of economic growth, improvement of productivity, and sustainable and inclusive development; to give priority to science and technology solutions that contribute to environmental protection, development of the circular economy, green transition, and climate change adaptation; to ensure fairness in access to technology;
b/ To link science, technology and innovation activities with market needs; to regard enterprises as the center of the innovation system; to improve the capacity to receive, master and commercialize domestic technologies; to promote the application of research outcomes, encouraging the increase in the proportion of investment from the private sector, especially from enterprises, for scientific research, technological development and innovation;
c/ The State shall facilitate development activities, establish institutions, promote investment, develop synchronized and modern science, technology and innovation infrastructure; and promote an open, transparent and effective innovation system;
d/ To concentrate resources on technological fields with potential to create breakthroughs and strategic technologies based on closely following global technology trends and internal capacity and competitive advantages of the country; to develop a high-quality workforce for science, technology and innovation; to attract, and offer preferential treatment to, talents at home and abroad;
dd/ To encourage risk-taking activities in scientific research, technology development and innovation through application of the regulatory sandbox, risk-sharing policies, venture investment and other specific financial mechanisms;
e/ To mobilize and connect all resources in the society for innovation; to ensure that resources are used to bring into full play the creative capacity, value-creation ability, internal development and effective coordination; to expand international cooperation and proactively participate in the global technology value chain.
2. To concretize the strategic orientations specified in Clause 1 of this Article, the State shall implement the following policies:
a/ To develop a modern and synchronous national innovation system, associated with building a culture of innovation in the society; to promote the central role of enterprises and people, the intellectual role of higher education institutions and research institutes, and the facilitating and guiding role of the State; to synchronously develop natural sciences, engineering and technology, political theory, and social sciences and humanities;
b/ To increase investment in science, technology and innovation; to implement flexible financial mechanisms; to apply tax incentives and loan interest subsidies for enterprises investing in scientific research, technological development and innovation; to establish specialized funds with the State’s capital contribution;
c/ To develop and improve the science and technology market; to encourage the commercialization of scientific research, technological development and innovation outcomes; to encourage and support technology transfer;
d/ To apply preferential mechanisms and specific mechanisms to attract, and offer preferential treatment to, talents, experts and scientists at home and abroad; to train, develop and promote high-quality scientific and technological human resources to perform strategic tasks and achieve the goal of strengthening the national science and technology potential;
dd/ To prioritize investment in developing infrastructure for scientific research, technological development and innovation; to build national key laboratories; to develop infrastructure linkages among research institutes, higher education institutions and enterprises; to invest in developing higher education institutions into centers for scientific research, technological development and innovation; to gradually form high-level research centers associated with training high-quality human resources, ensuring effective coordination with the network of specialized research institutes;
e/ To strengthen support for basic research and applied research; to promote technology development and transfer and application of research outcomes into practice; to support enterprises in innovating, mastering and creating technologies; to ensure close linkage among research, training and application, promoting internal potential combined with selective absorption of advanced scientific and technological achievements; to improve national technological competitiveness in spheres with potential and advantages;
g/ To expand international integration in the field of science, technology and innovation; to selectively absorb advanced scientific and technological achievements suitable to Vietnam’s conditions;
h/ To give priority to developing science, technology and innovation activities in deep-lying, remote, mountainous and island areas and areas with extremely difficult socio-economic conditions through infrastructure investment, human resource development and technology transfer suitable to local conditions; to encourage innovation models associated with agricultural development, preservation of indigenous knowledge and sustainable development;
i/ To strengthen the participation of the Vietnam Fatherland Front and its member organizations, other social organizations and the community in communication, consultation and social criticism of policies on science, technology and innovation; to promote the linkage of science, technology and innovation with production, business, education, training and community development.
Article 7. Vietnam Day of Science, Technology and Innovation
May 18 every year is taken as the Vietnam Day of Science, Technology and Innovation Day.
Article 8. Scientific integrity and professional ethics in scientific research and technological development
1. Agencies, organizations and individuals shall ensure compliance with scientific integrity and professional ethics in scientific research and technological development. Acts of falsifying data, plagiarism, concealing conflicts of interest, or distorting the nature of research constitute serious violations of scientific integrity.
2. State management agencies in charge of science, technology and innovation shall guide the compliance with scientific integrity and professional ethics within their respective management scope.
3. Science and technology organizations shall formulate and promulgate rules on scientific integrity and professional ethics in accordance with the guidance of competent state management agencies.
4. The Government shall detail this Article, and specify cases requiring updating of information on violations of scientific integrity and professional ethics on the National Digital Platform for Science, Technology and Innovation Management.
Article 9. Acceptance of risks in science, technology and innovation activities
1. Risks in science, technology and innovation activities may be accepted in accordance with this Law and other relevant laws, provided that appropriate risk-management measures are applied.
2. Risks in science, technology and innovation activities include:
a/ Risks in scientific research, technological development and innovation as specified in Clause 3 of this Article;
b/ Risks in application of the regulatory sandbox as specified in Article 22 of this Law;
c/ Risks in venture investment as specified in Article 40 of this Law;
d/ Other risks as specified by the Government.
3. Acceptance of risks in scientific research, technological development and innovation:
a/ Organizations and individuals conducting scientific research, technological development and innovation shall be excluded from administrative liability and exempt from civil liability for damage caused to the State if they have fully complied with procedures and regulations during the process of conducting scientific research, technological development and innovation and have not committed fraudulent acts, intentionally violated the law, or used funds for improper purposes or within the improper scope;
b/ Organizations performing science, technology and innovation tasks funded by the state budget, other lawful funds of public non-business units, or funds of state enterprises are not required to return the funds used for proper purposes and within the proper scope if they have fully complied with regulations on task management, implementation procedures, research content and risk prevention measures but the outcomes of the tasks do not achieve the set goals;
c/ Organizations and individuals approving and managing science, technology and innovation tasks funded by the state budget, other lawful funds of public non-business units or funds of state enterprises shall be excluded from administrative liability and exempt from civil liability if they have fully complied with regulations and procedures on approval and management of tasks and have not violated the law but the results of the tasks do not achieve the set goals;
d/ Criminal liability shall be excluded in accordance with the Penal Code for risks arising in the research, testing and application of scientific, technical and technological advances.
4. The Government shall detail this Article, and specify criteria for determining acceptable risks, procedures for assessing compliance with procedures and regulations in approving, managing and implementing scientific research, technological development and innovation.
Article 10. Responsibility for disseminating and spreading science, technology and innovation knowledge
1. Organizations and individuals conducting science, technology and innovation activities funded by the state budget or receiving incentives, support and donations from the State shall disseminate and spread knowledge, and make public the results of science, technology and innovation activities in appropriate forms, including updating information on the National Information System on Science, Technology and Innovation.
2. The State shall encourage organizations and individuals other than those specified in Clause 1 of this Article to disseminate and spread knowledge, and publicize information on science, technology and innovative activities on the National Information System on Science, Technology and Innovation, in the mass media or in other forms in accordance with law.
3. Contents that are classified as state secrets or affect the ability to protect intellectual property rights over the results of science, technology and innovation activities shall not fall within the scope of dissemination and updating of information specified in this Article.
Article 11. Encouragement of initiatives, technical improvements, production rationalization, and communication and dissemination of science, technology and innovation knowledge
1. The State shall provide financial support for activities concerning initiatives, technical improvements, production rationalization, and communication and dissemination of science, technology and innovation knowledge through provision of donations and support under appropriate mechanisms.
2. Expenses paid by enterprises for activities concerning initiatives, technical improvements, production rationalization, and communication and dissemination of science, technology and innovation knowledge shall be accounted as production and business expenses in accordance with the law on taxes and the law on accounting.
3. The Government shall detail this Article, and specify criteria, forms, order, procedures and levels of donations and support for the activities specified in Clause 1 of this Article.
Article 12. Scientific journals
1. Scientific research organizations and scientific research and technological development organizations each may establish one or several scientific journal(s). Each scientific journal must have an editorial board established by the scientific research organization or scientific research and technological development organization. The editorial board of a scientific journal shall be composed of the chairperson of the editorial board and members who are experts and scientists working on a full-time or part-time basis. The editorial board shall select scientific articles for being published in the scientific journal, forming the journal’s content to ensure scientific quality.
2. The publication of scientific journals shall be carried out through the scientific journal agency in accordance with the press law.
3. The Government shall detail this Article, and specify scientific criteria for scientific journals, editorial boards of scientific journals, procedures for selecting scientific articles, and classification of scientific journals.
Article 13. Responsibility for state management of science, technology and innovation
1. Responsibilities of the Government:
a/ The Government shall perform the unified state management of science, technology and innovation nationwide;
b/ Annually, the Government shall report to the National Assembly on the implementation of policies and measures for science, technology and innovation development; the use of the state budget for investment in science, technology and innovation; and the results of science, technology and innovation activities.
2. The Ministry of Science and Technology shall be held responsible before the Government for performing the state management of science, technology and innovation nationwide.
3. Ministries and ministerial-level agencies shall, within the ambit of their functions, tasks and powers, perform the state management of science, technology and innovation in the sectors and fields under their assigned responsibility.
3. Provincial-level People’s Committees shall, within the ambit of their functions, tasks and powers, perform the state management of science, technology and innovation in their respective localities.
Article 14. Prohibited acts
1. Obstructing, or causing difficulties to, science, technology and innovation activities of organizations and individuals.
2. Abusing one’s position or powers to illegally interfere in the placement of orders, provision of donations and support to, or evaluation of, science, technology and innovation activities, or committing other acts of illegal interference in science, technology and innovation activities of organizations and individuals.
3. Abusing science, technology and innovation activities to commit any of the following acts:
a/ Infringing upon the interests of the State or the lawful rights and interests of organizations and individuals;
b/ Disseminating false information or distorting scientific research, technological development and innovation results;
c/ Illegally appropriating or using scientific research, technological development and innovation results of other organizations or individuals, or committing other acts infringing intellectual property rights.
4. Intentionally failing to comply with regulations in scientific research, technological development and innovation activities or intentionally concealing risks in research, testing or application of technologies, thereby causing serious damage to natural resources, the environment, biodiversity or community wellbeing.
5. Illegally disclosing or using sensitive data collected during the process of conducting research and development activities, thereby affecting the right to privacy, personal secrets, family secrets or national security.
Chapter II
THE STATE’S MANAGEMENT MEASURES IN SCIENCE, TECHNOLOGY AND INNOVATION ACTIVITIES
Section 1
STRATEGIES, PLANS, TASKS AND PROGRAMS
Article 15. Strategy for development of science, technology and innovation; plans on science, technology and innovation
1. The Prime Minister shall approve the Strategy for development of science, technology and innovation in conformity with the socio-economic development strategy.
2. The central-level state management agency in charge of science, technology and innovation shall formulate and promulgate 5-year overall plans on science, technology and innovation in conformity with socio-economic development strategies and plans, determining the structure of the state budget’s allocations for investment expenditures and recurrent expenditures for science, technology and innovation; and organize annual examination and assessment of the implementation of the plans by ministries, ministerial-level agencies, government-attached agencies, other central agencies and provincial-level People’s Committees. Five-year overall plans on science, technology and innovation serve as one of the grounds for formulating contents on investment in development of science, technology and innovation in medium-term public investment plans.
3. Based on 5-year overall plans on science, technology and innovation, ministries, ministerial-level agencies, government-attached agencies, other central agencies and provincial-level People’s Committees shall formulate and promulgate plans on science, technology and innovation within their respective management scope; manage and use the budget effectively, contributing to socio-economic development and national defense and security assurance; and be accountable for implementation efficiency.
4. The Government shall detail this Article.
Article 16. State budget-funded science, technology and innovation tasks
1. State budget-funded science, technology and innovation tasks include:
a/ Science, technology and innovation tasks which are proposed by organizations and enterprises in accordance with priority orientations or specific requirements of the State for consideration and grant of whole or partial funding;
b/ Science, technology and innovation tasks which are performed under the State’s order placement and for which whole or partial funding is allocated by the State to organizations and enterprises;
c/ Grassroots-level science, technology and innovation tasks which are proactively formulated and implemented by public science and technology organizations using the funding allocated under Point d, Clause 1, Article 62 of this Law or other self-covered funding sources.
2. Science, technology and innovation tasks under the State’s order placement shall be selected or directly assigned to organizations and enterprises for implementation. Agencies competent to approve the tasks shall decide on direct assignment of such tasks in the following cases:
a/ The implementation of the tasks must comply with requirements involving state secrets;
b/ The tasks must be implemented urgently for the purposes of safeguarding national sovereignty and security; promptly overcoming or handling consequences of disasters, catastrophes, epidemics, fires, accidents, incidents or other force majeure events; preventing and controlling disasters, catastrophes and epidemics; protecting human life; or protecting the interests of the State or of the community;
c/ There is only one organization or enterprise having adequate human resources, expertise and equipment to perform the tasks;
d/ Organizations or enterprises that implement the tasks are able to mobilize talents or possess special physical facilities and infrastructure suitable for the research field.
3. The consideration for grant of funding, selection or direct assignment shall be carried out for each science, technology and innovation task or for each task group or task chain. The consideration for grant of funding, selection and direct assignment of science, technology and innovation tasks shall be carried out in a scheduled manner or an unscheduled manner or within the framework of the national science, technology and innovation program, the special national science, technology and innovation program or science, technology and innovation programs of ministries, ministerial-level agencies, government-attached agencies, other central agencies or provincial-level People’s Committees.
4. The Government shall detail this Article.
Article 17. National science, technology and innovation programs
1. National science, technology and innovation program is a collection of science, technology and innovation activities having the common objectives to address interdisciplinary and inter-regional issues, serving medium-term or long-term socio-economic development.
2. The formulation of a national science, technology and innovation program must meet the following requirements:
a/ Ensuring conformity with the Strategy for development of science, technology and innovation for each specific period;
b/ Having focuses and key points, without overlaps with other programs;
c/ Being able to estimate the total funding and funding sources for implementation of the program.
3. Ministries, ministerial-level agencies, government-attached agencies and other central agencies shall formulate and promulgate, or submit to competent authorities for promulgation, national science, technology and innovation programs after obtaining appraisal opinions from competent authorities, and organize the implementation thereof.
4. The Government shall detail this Article.
Article 18. Special science, technology and innovation tasks; special national science, technology and innovation programs
1. Special science, technology and innovation tasks and special national science, technology and innovation programs are large-scale tasks and programs decided by the Prime Minister to achieve one of the following objectives:
a/ Serving strategic technology development;
b/ Serving strategic research and policy research that is expected to bring about significant value in political, social and humanistic theoretical sciences;
c/ Serving key and important national projects;
d/ Creating strong impacts on productivity, quality and competitiveness of domestic products, services and goods;
dd/ Serving national defense and security.
2. Special science, technology and innovation tasks and special national science, technology and innovation programs shall be entitled to apply specific investment, financial and management mechanisms in accordance with the Government’s regulations.
3. The Government shall detail this Article.
Article 19. Assessment of science, technology and innovation activities
1. The assessment of the results, effectiveness and impacts of science, technology and innovation activities covers:
a/ Assessing the results, effectiveness and impacts of the implementation of the Strategy for development of science, technology and innovation, the 5-year overall plan on science, technology and innovation, and plans on science, technology and innovation;
b/ Assessing the results, effectiveness and impacts of the implementation of national science, technology and innovation programs; special national science, technology and innovation programs; special science, technology and innovation tasks; and science, technology and innovation tasks funded by the state budget;
c/ Assessing the performance and operational efficiency of organizations operating in the field of science, technology and innovation;
d/ Assessing the effectiveness and impacts of preferential and incentive policies for organizations and enterprises to spend on science, technology and innovation activities.
2. The assessment of a science, technology and innovation program or task funded by the state budget covers:
a/ The level of achievement of the approved objectives and expected results, or those committed in the contract. The assessment of the level of achievement of objectives shall take into account cases in which results are unsatisfactory but possess academic value, background data, or a ground for subsequent research;
b/ The implementation progress compared to the plan, the monitoring of the task implementation according to milestones, periodical reporting and the ability to complete the program or task on schedule, with flexible adjustment permitted when there is a plausible reason approved by the managing agency;
c/ The output effectiveness of the science, technology and innovation program or task, determined through the proportionality between achieved results and budget resources used, the quantity of products, scientific value, practical applicability and contribution to innovation;
d/ The impact of the results of technological development and innovation tasks on socio-economic development after a certain period following completion of the program or task.
3. The assessment of the results, effectiveness and impacts of science, technology and innovation activities must adhere to the principles of independence, integrity, objectivity, publicity, transparency and lawfulness, and shall be based on:
a/ A set of criteria for statistics, measurement and assessment of the results, effectiveness and level of contribution of science, technology and innovation activities to socio-economic development, productivity improvement, and national defense and security assurance;
b/ Statistical, reporting and synthesized data, especially digital information and data obtained via the National Digital Platform for Science, Technology and Innovation Management and the National Information System on Science, Technology and Innovation;
c/ Specific criteria for programs and tasks on the list of state secrets.
4. Results of the assessment of science, technology and innovation activities serve as a basis for adjusting plans on allocation and arrangement of the state budget for ministries, ministerial-level agencies, government-attached agencies, other central agencies, localities, and relevant organizations to implement strategies, plans, programs and tasks; for adjusting the number of employees and reorganizing public non-business units in the field of science, technology and innovation; and for adjusting preferential policies on science, technology and innovation.
5. Funding for assessment activities shall be included in the state budget estimate for science, technology and innovation management.
6. The Government shall detail this Article.
Article 20. Digital transformation in science, technology and innovation activities
1. The State shall promote comprehensive digital transformation in the field of science, technology and innovation through synchronized development of digital infrastructure, provision of online public services, data digitization, and automation of operational processes to improve efficiency and transparency.
2. The State shall encourage the application of big data and artificial intelligence to enhance the effectiveness of science, technology and innovation activities, and the use of artificial intelligence in strengthening science, technology and innovation human resources.
3. The State shall invest in building, operating and maintaining a centralized and unified National Digital Platform for Science, Technology and Innovation Management to connect agencies and organizations in the cyber environment to manage:
a/ The process of formulating and implementing science, technology and innovation activities funded by the state budget, except those on the list of state secrets;
b/ Assessment of the results and effectiveness of science, technology and innovation activities;
c/ Exploitation and use of shared-use physical facilities for science, technology and innovation.
4. The State shall invest in building, operating and maintaining a centralized and unified National Information System on Science, Technology and Innovation, which must ensure confidentiality requirements and connection among agencies, organizations and enterprises in the cyber environment to store, share and publicly disseminate results of science, technology and innovation activities for exploitation and use by organizations and individuals; and ensure its connection with the National Digital Platform for Science, Technology and Innovation Management to provide accurate and consistent input data.
5. State agencies, organizations, enterprises and individuals, including also science and technology organizations, innovation centers, innovative startup support centers, and science and technology enterprises using state budget funds or enjoying policies on incentives and support for science, technology and innovation activities, shall provide information to serve the state management of science, technology and innovation via the National Digital Platform for Science, Technology and Innovation Management.
6. The State shall encourage organizations and individuals to provide information and publicly disseminate results of scientific research, technological development and innovation activities not funded by the state budget on the National Information System on Science, Technology and Innovation.
7. The Government shall detail this Article.
Section 2
APPLICATION OF REGULATORY SANDBOX FOR NEW TECHNOLOGIES, PROCESSES, SOLUTIONS, PRODUCTS, SERVICES AND BUSINESS MODELS
Article 21. General requirements for the application of the regulatory sandbox for new technologies, processes, solutions, products, services and business models
1. Application of the regulatory sandbox means that a competent state agency permits an organization or enterprise to conduct trial implementation of new technologies, processes, solutions, products, services or business models that are not yet regulated by law or that differ from current law under real-world conditions with limitations on scope, duration and location.
2. The grant of permission for the application of the regulatory sandbox must adhere to the following principles:
a/ Ensuring publicity and transparency in criteria, conditions, and evaluation and selection procedures;
b/ Ensuring equality among organizations and enterprises in proposing, registering and exercising rights and performing responsibilities during the application of the regulatory sandbox;
c/ Meeting requirements on national defense and security, social order and safety, and public interests, and protecting the rights of participants in the regulatory sandbox;
d/ Selecting the scope, duration and location to limit risks of negative impacts on socio-economic life.
3. Contents of the application of the regulatory sandbox:
a/ Objectives of the regulatory sandbox;
b/ Participants in the regulatory sandbox;
c/ Conditions and criteria for new technologies, processes, solutions, products, services and business models for which the regulatory sandbox is applied;
d/ Agency competent to grant permission for the application of the regulatory sandbox;
dd/ Principles for approving organizations and enterprises registering for application of the regulatory sandbox;
e/ Procedures for permitting, adjusting, extending, suspending and terminating the application of the regulatory sandbox;
g/ Duration, location and scope of the regulatory sandbox;
h/ Supervision of the process of application of the regulatory sandbox, including: monitoring mechanisms, periodical reporting requirements, mechanisms for receiving feedback from participants in the regulatory sandbox, and methods for evaluating results of the regulatory sandbox;
i/ Rights and responsibilities of agencies, organizations, enterprises and individuals during the application of the regulatory sandbox;
k/ Measures to protect the rights of participants in the regulatory sandbox;
l/ Other mandatory requirements and instructions during the application of the regulatory sandbox.
4. The duration for the application of the regulatory sandbox shall be determined based on the proposal of the organization or enterprise but must not exceed 3 years, and may be extended once for no more than 3 additional years.
5. The results of application of the regulatory sandbox shall be preliminarily and finally reviewed for the competent authority to consider and decide whether to continue applying the regulatory sandbox or to promulgate a legal document for official application.
6. Based on practical management requirements of each sector and field, the Government may promulgate documents detailing Clause 3 of this Article and necessary contents to address issues not yet regulated by existing laws and resolutions of the National Assembly, or existing ordinances and resolutions of the National Assembly Standing Committee, and shall report thereon to the National Assembly Standing Committee and the National Assembly at the nearest session.
Article 22. Exemption and exclusion of liability in the application of the regulatory sandbox
During the application of the regulatory sandbox, if damage or risks arise(s), the exemption and exclusion of liability must adhere to the following principles:
1. The agency competent to grant permission for the application of the regulatory sandbox, and organizations and individuals directly participating in the appraisal, licensing and assessment of the regulatory sandbox, shall be exempted or excluded from liability when they have properly and fully complied with regulations on application of the regulatory sandbox prescribed in this Law and regulations on application of the regulatory sandbox, and have acted with integrity and for the common interest, unless they knew or must have known about risks to the application of the regulatory sandbox but failed to fully apply appropriate measures to prevent or mitigate possible damage. Exempted or excluded liabilities include:
a/ Exemption from civil liability for damage caused to the State, or other organizations or individuals during the process of appraisal, licensing, supervision and assessment of the regulatory sandbox;
b/ Exclusion of administrative liability for acts violating the law on handling of administrative violations;
c/ Exclusion of criminal liability under the Penal Code for risks arising in research, testing and application of scientific, technical and technological advances.
2. Organizations and enterprises licensed to apply the regulatory sandbox, and individuals conducting activities under the regulatory sandbox, shall be exempted or excluded from liability when they have properly and fully complied with this Law and other relevant laws, unless they knew or must have known about the risks but failed to promptly inform and report such risks to competent state agencies and failed to take preventive measures to mitigate possible damage. Exempted or excluded liabilities include:
a/ Exemption from civil liability for damage caused to the State, but retention of civil liability for damage caused to other organizations and individuals during the application of the regulatory sandbox;
b/ Exclusion of administrative liability for acts violating the law on handling of administrative violations;
c/ Exclusion of criminal liability under the Penal Code for risks arising in research, testing and application of scientific, technical and technological advances.
Article 23. Protection of participants in the regulatory sandbox
To protect the lawful rights and interests of participants during and after the application of the regulatory sandbox, organizations and enterprises licensed to apply the regulatory sandbox have the following responsibilities:
1. To give warnings about risks during participation in the regulatory sandbox; to provide accurate, complete and truthful information on new technologies, processes, solutions, products, services, and business models, costs of using products or services, other costs (if any), and the rights and obligations of participants in the regulatory sandbox;
2. To establish mechanisms for managing regulatory sandbox data; to formulate, and ensure compliance with, internal procedures and risk control measures to prevent unauthorized access or use of personal data, and fraud and theft of personal information of participants in the regulatory sandbox;
3. To periodically assess risks, ensure implementation of preventive and remedial measures during and after the application of the regulatory sandbox; promptly notify participants in the regulatory sandbox of changes in the risk levels of new technologies, processes, solutions, products, services or business models;
4. To publicize information on a contact point for settling complaints of participants in the regulatory sandbox. In case of receiving disputes or complaints from participants in the regulatory sandbox, the organization or enterprise licensed to apply the regulatory sandbox shall receive and take measures to resolve all verification requests and complaints. The time limit for resolving such requests must follow the approved plan stated in the dossier of request for application of the regulatory sandbox;
5. To compensate for damage and perform other civil obligations in accordance with the civil law during and after the application of the regulatory sandbox, except cases of exemption or exclusion from liability as specified in Clause 2, Article 22 of this Law;
6. Other responsibilities as prescribed by law.
Section 3
DISPOSAL OF ASSETS, MANAGEMENT AND COMMERCIALIZATION OF RESULTS OF SCIENCE, TECHNOLOGY AND INNOVATION TASKS
Article 24. Disposal of assets equipped for performing science, technology and innovation tasks
1. For assets equipped with state budget funds, the State shall automatically assign the organizations in charge of science, technology and innovation tasks the rights to manage, use and own such assets immediately after the assets are equipped without having to carry out procedures for assignment of the rights to manage, use and own assets; without having to make reimbursement of the value of the assets; and without making entries of such assets as an increase in the State’s investment capital in the enterprises.
2. Organizations in charge of science, technology and innovation tasks shall separately manage and monitor the assets specified in Clause 1 of this Article in accordance with the provisions of law corresponding to their operational type immediately upon the formation of the assets; and shall be responsible for efficiently using the assets to perform science, technology and innovation tasks. For assets of which the intended use for science, technology and innovation tasks has been completed, the organizations in charge of science, technology and innovation tasks may practice autonomy and shall be held accountable for the following activities:
a/ Managing and using the assets in an efficient, open and transparent manner;
b/ Disposing of assets that are damaged, obsolete, or no longer needed in the form of selling, liquidating or destroying the assets or by other forms in accordance with law;
c/ Deciding on the management, use and disposal of raw materials and consumables left upon completion of the tasks;
d/ Managing and using the proceeds from asset disposal (if any).
3. The disposal of assets equipped with non-state budget sources shall be carried out in accordance with the agreement among the contributors of the funding when implementing the tasks.
4. The Government shall detail this Article.
Article 25. Rights to manage and use, and ownership over, the results of scientific research, technological development and innovation
1. Organizations and individuals contributing assets or financial sources to conduct scientific research, technological development and innovation activities shall become the owners of the results of scientific research, technological development and innovation corresponding to their contribution ratio as agreed, unless otherwise agreed by the parties or the results fall under the intellectual property rights of another entity.
2. The organization in charge of implementing science, technology and innovation tasks shall be automatically assigned by the State the rights to manage and use, and the ownership over, the portion of the results of such tasks corresponding to state budget funds, without having to carry out procedures for assigning rights to manage, use and own, and without having to making reimbursement to the State, except:
a/ Science, technology and innovation tasks in the field of national defense and public security of which the organization in charge of the tasks is not an agency, unit or enterprise under the Ministry of National Defense or the Ministry of Public Security;
b/ Science, technology and innovation tasks of which the organization in charge of the tasks is a foreign legal person, an organization with foreign investors holding more than 50% of the charter capital or capital contributions, or an organization with its head office located abroad;
c/ Science, technology and innovation tasks under the State’s order placement for which it is clearly stated that the State will retain the rights to manage and use, and ownership over, the results of the tasks to serve the State’s interests, for wide dissemination for the benefit of the community, for disease prevention and treatment, for ensuring nutrition for the people, or to meet other urgent social needs. The ordering agency shall be responsible for receiving, and deciding on the management and use of, results such science, technology and innovation tasks.
3. For results of a science, technology and innovation task wholly or partially funded by the state budget that are the assets attached to land under the use rights or attached to assets owned by organizations or individuals participating in the tasks, the State shall automatically assign to such organizations or individuals the rights to manage, use and own the portion of assets corresponding to the amount of state budget funds that is attached to the land or assets, without having to carry out procedures for assigning rights and without making reimbursement to the State.
In case the organization or individual declines to receive the rights to manage, use and own the assets under this Clause, the organization or individual holding the land use rights or asset ownership shall coordinate with the organization in charge of the science, technology and innovation tasks to address the matter.
4. Organizations assigned the rights to manage and use, and ownership over, the results of science, technology and innovation tasks shall monitor such results separately, without having to record them into their assets or asset value or the state capital amount at the organizations; and without having to determine the original cost, residual value, depreciation or wear-and-tear; and may themselves decide to continue investing in research, development, application and commercialization of research results and exercise other rights and perform other responsibilities according to the Government’s regulations.
For results of science, technology and innovation tasks funded by the state budget that are prototypes or sample products, the organizations in charge of the tasks may themselves decide to separately monitor, sell, destroy or reuse them.
5. The State shall reclaim, or allow other organizations or individuals to use, the results of science, technology and innovation tasks wholly funded by the state budget in the following cases:
a/ When it is necessary for wide dissemination for the benefit of the community, for disease prevention and treatment, for ensuring nutrition for the people, or for meeting other urgent social needs;
b/ After 3 years from the completion of the tasks, the organizations in charge of the tasks still fail to apply of the results of the tasks, while another organization or individual wishes to continue developing and applying them.
6. For results of science, technology and innovation tasks involving core data, important data or cross-border data storage or processing, the Law on Data shall apply.
7. The Government shall detail this Article.
Article 26. Control of transfer of results of the state budget-funded science, technology and innovation tasks to foreign organizations and individuals
1. Organizations and individuals assigned the rights to manage and use, and ownership over, the results of the state budget-funded science, technology and innovation tasks may transfer ownership over, or the rights to manage and use, such results in accordance with law. The transfer of results of science, technology and innovation tasks to foreign organizations and individuals must also comply with the law on technology transfer.
2. Results of the state budget-funded science, technology and innovation tasks that are included in the List of high technologies prioritized for development investment under the law on high technology shall be publicly announced on the National Digital Platform for Science, Technology and Innovation Management, with priority access given to domestic organizations and individuals for at least 12 months before being transferred abroad.
3. The transfer of results of science, technology and innovation tasks involving core data, important data or cross-border data storage or processing must comply with the Law on Data.
4. Transferors shall be responsible for fulfilling their financial obligations to the State in accordance with law.
Article 27. Commercialization of results of scientific research, technological development and innovation
1. Owners of results of scientific research, technological development and innovation have the right to decide on the commercialization of such results.
2. Organizations assigned the rights to manage and use the results of scientific research, technological development and innovation may enjoy autonomy and may themselves decide on choosing the form, method, price and profit-sharing mechanism in commercializing such results. Forms of commercialization of results of scientific research, technological development and innovation include: lease, sale, assignment or transfer of the right to use; service business; cooperation, joint venture, affiliation, enterprise establishment; and self-exploitation and use.
In cases involving capital contribution using the results of scientific research, technological development and innovation, organizations may themselves decide on the method of capital contribution, the valuation for capital contribution and the capital contribution ratio, and the distribution of benefits from cooperation, joint venture and affiliation activities.
3. For the results of a science, technology and innovation task that is partially funded by the state budget, the organization in charge of the task that has been assigned the rights to manage and use, and ownership over, the portion of the results corresponding to state budget funds may enjoy autonomy and may themselves decide on reaching agreement with other owners to conduct the commercialization of the results in accordance with Clauses 1 and 2 of this Article.
4. The organizations in charge of science, technology and innovation tasks shall apply measures to prevent and combat loss, waste and negative practices; publicly and transparently disclose information on commercialization of the results of science, technology and innovation tasks; and report on the results and effectiveness of commercialization of the results at the request of competent agencies.
5. The agencies managing the organizations in charge of science, technology and innovation tasks shall inspect and supervise the use of results of the state budget-funded science, technology and innovation tasks by such organizations so as to prevent and combat loss, waste and negative practices.
6. The Government shall detail this Article.
Article 28. Distribution of profits from commercialization of results of scientific research, technological development and innovation
1. Intermediary and brokerage organizations shall be entitled to a portion of the profits earned from commercialization of the results of scientific research, technological development and innovation based on the value of the commercialization contract or as agreed among the parties.
2. For the portion of profits earned from the commercialization corresponding to results of scientific research, technological development and innovation not funded by the state budget, the owners of such results have the right to decide on the use of such profits, including bonuses for the authors of the results (if any).
3. For the portion of profits earned from the commercialization corresponding to the results of a science, technology and innovation task funded by the state budget, the organization in charge of the tasks shall use the after-tax profits for the following purposes:
a/ Paying bonus to the author(s) of the results of the science, technology and innovation task that is equal to at least 30% of the profits earned from the lease, sale, assignment, transfer of the right to use, or self-exploitation and use of the results; or equal to at least 30% of the value of the results of the science, technology and innovation task that is determined for capital contribution, cooperation, joint venture, affiliation, service business or enterprise establishment;
b/ Paying bonuses to individuals who directly contribute to commercialization activities;
c/ Reinvesting in science, technology and innovation activities;
d/ Other purposes.
4. In case the results of the state budget-funded science, technology and innovation tasks are inventions, layout designs, industrial designs or plant varieties protected under the Law on Intellectual Property, the authors shall be entitled to the benefits specified in Clause 3 of this Article and other benefits prescribed by the Law on Intellectual Property.
5. The author of the results of a science, technology and innovation task is the person who directly creates such results; in case 2 or more individuals directly create the results, they are co-authors. In the case of co-authors, the bonus is the collective amount allocated to all co-authors, who shall themselves agree on the division of the profit received.
6. The Government shall detail this Article.
Chapter III
SCIENTIFIC RESEARCH AND TECHNOLOGICAL DEVELOPMENT
Article 29. Scientific research
1. The State’s policies on promotion of basic research:
a/ The State shall invest in basic research to build the foundation of the national science and technology system, which plays a leading role in knowledge development; provides the basis for applied research, technological development and innovation; enhances national scientific capacity and standing; and contributes to strengthening long-term national competitiveness;
b/ The State shall develop basic research in a focused manner, giving priority to a number of scientific fields with advantages to reach regional and international levels, or public-interest fields of strategic importance; and promote basic research arising from the needs identified during applied research and development of technologies, especially strategic technologies;
c/ The State shall allocate resources for basic research at research institutes and higher education institutions in line with their respective functions and strengths, and based on the results of evaluation of their operational efficiency.
The state budget shall support investment in physical foundations, technical facilities, and equipment for research; training of high-quality human resources; talent attraction; and international cooperation, ensuring funding for research activities and other support activities for capacity enhancement. The State shall provide support from the source of the state budget for research, training, coaching, internship, academic exchanges, research activities, participation in conferences, scientific publications, development of scientific journals, and other related activities.
2. The State’s policies on applied research:
a/ The State shall prioritize the allocation of resources to promote applied research aimed at addressing practical problems, contributing to socio-economic development, improving the quality of life, and ensuring national defense and security;
b/ The State shall concentrate investment on applied research tasks in areas of urgent need, development potential and high applicability in production and daily life;
c/ The State shall encourage research institutes, higher education institutions, and other science and technology organizations to cooperate with enterprises in proposing, implementing, and applying results of, applied research in practice.
3. The State’s policies on research in political theory, social sciences and humanities:
a/ The State shall attach importance to developing research in political theory, social sciences and humanities, particularly research providing scientific justification for the formulation of the Party’s guidelines and the State’s policies and laws; research for conserving and promoting the cultural values of the Vietnamese nation, people and society, thereby contributing to establishing the foundations of economic, cultural and human development;
b/ The State shall promote the linkage between political theory, social sciences and humanities and other fields; and prioritize the allocation of state budget funds for interdisciplinary science, technology and innovation tasks that combine natural sciences and technical sciences with social sciences and humanities, especially in emerging technology areas;
c/ The State shall encourage and create conditions for organizations and individuals to conduct scientific research and technological development to integrate political theory, social sciences and humanities to assess the social, ethical, cultural and psychological impacts of new technologies on individuals and communities;
d/ The State shall encourage applied research and experimental research in political theory, social sciences and humanities to assess the effectiveness, feasibility and practical impacts of models, solutions and policies prior to large-scale application thereof;
dd/ The State shall prioritize the allocation of funding and technical support for applied research projects in political theory, social sciences and humanities that aim to address social issues.
4. The Government shall detail this Article.
Article 30. Technological development
1. The State identifies technological development as a bridge between scientific research and innovation, which plays a central role in transforming knowledge into products, services, and socio-economic values.
2. The State shall encourage and provide support for technological development from results of scientific research, inventions, initiatives, utility solutions, and other sources of knowledge in order to create, innovate, improve and master technologies; enhance endogenous technological capacity, increase the localization rate of domestic products and goods, and improve the capability to apply technologies in production and life.
3. The State shall prioritize and support technological development in high technologies, strategic technologies, technologies that create dual-use products, and technologies that can create breakthroughs in productivity, quality and socio-economic efficiency, and ensure national defense and security.
4. The State shall provide support for technological development through:
a/ Funding and ordering the performance of technology research and development tasks;
b/ Supporting investment in building infrastructure for technology research and development, key laboratories, and technology research and development centers in key sectors.
5. The Government shall detail this Article.
Article 31. Special mechanisms in technology decoding and procurement of technological know-how
1. In case of using funds from the state budget to perform a science, technology or innovation task serving the purpose of technology decoding to develop strategic technologies or procure technological know-how, the organization in charge of the science, technology and innovation task may apply the following special mechanisms:
a/ Using funds allocated for the task to designate the hiring of domestic and foreign experts and paying them at the agreed levels;
b/ Using funds allocated for the task to directly procure foreign technologies, products, or equipment necessary for decoding at an agreed price; or directly procure technological know-how at an agreed price;
c/ After being used for technology decoding, the products or equipment shall be regarded as consumables not included in the value of assets of the organization in charge of the task;
d/ Other special mechanisms.
2. Enterprises may use funds from their science and technology development funds or funds from sources other than the science and technology development funds to pay for technology decoding and procurement of technological know-how.
For key projects and projects on development of strategic technologies, state-owned enterprises may apply the following special mechanisms:
a/ Designating the hiring of domestic and foreign experts and paying them at the agreed levels;
b/ Designating suppliers and applying price negotiation methods to perform the following tasks: directly procuring foreign technologies, products or equipment to decode technologies and develop strategic technologies; and directly procure technological know-how. After being used for technology decoding, the products and equipment shall be regarded as consumables not included in the value of the enterprises’ assets;
c/ Performing research cooperation tasks and projects with foreign countries to access and master technologies;
d/ Acquiring enterprises, testing laboratories, and research and development centers; and merging enterprises to own technological know-how;
dd/ Paying other necessary expenses related to research, access, and procurement of technological know-how, and decoding of foreign advanced technologies.
3. The Government shall detail this Article.
Article 32. Promotion of cooperation and sharing in scientific research
1. The State encourages the sharing of scientific research data, methods and results, including also the use and development of open-source technologies, ensuring transparency and accessibility, while protecting intellectual property rights and personal data. The State shall build technical infrastructure and formulate technical requirements for sharing data, publishing scientific research results, and ensuring information security, interoperability and reusability.
2. Enterprises and the community are encouraged to participate in using, contributing data and scientific research results to, and developing, open-source technologies.
Article 33. Application of science and technology in investment projects and socio-economic development programs
1. The State shall prioritize funds for the implementation of scientific research and technological development activities that provide the basis for the investment preparation and implementation stages and settle issues arising during the implementation of state budget-funded investment projects and socio-economic development programs.
2. The State shall prioritize funds for research and development of political theory science, and social sciences and humanities to serve the development of arguments and settlement of issues arising during the implementation of investment projects on institutional building and cultural, social and human development.
Chapter IV
PROMOTION OF INNOVATION IN ENTERPRISES AND THE ECONOMY
Article 34. Promoting the development of enterprise-centered innovation systems
1. The State shall promote the comprehensive development of enterprise-centered innovation systems, ensuring effective connection among enterprises, education institutions, research institutions, intermediary organizations, state agencies and the community. The State shall play the enabling and guiding role through improving institutions, establishing appropriate financial mechanisms, and ensuring a favorable execution environment.
2. The State shall promote and develop innovation systems at the national, sectoral and local levels.
3. The State shall encourage and promote the central role of enterprises in the innovation systems through:
a/ Funding tasks that focus on implementing innovation and innovative startup activities and commercializing research results;
b/ Funding tasks on provision of services and support for scientific research, technological development and innovation activities of enterprises;
c/ Funding tasks that support enterprises in receiving and mastering technologies, especially those originating from foreign countries;
d/ Adopting incentive policies on finance, taxation, land, bidding and credit to create favorable conditions for enterprises to conduct scientific research, technological development and innovation to enhance the technological levels, productivity, quality and competitiveness of products and goods;
dd/ Encouraging organizations and enterprises to invest in and sponsor scientific research, technological development and innovation; organizations and individuals receiving investment and sponsorships may use the funds according to the norms set by investors or donors;
e/ Developing investment models in the form of public-private partnership for infrastructure construction and service provision, especially in prioritized sectors, and emerging high-risk sectors.
4. The Government shall detail this Article and specify innovation activities at enterprises.
Article 35. Encouraging scientific research, technological development and innovation activities at enterprises
1. The State shall encourage and support enterprises in carrying out scientific research, technological development and innovation activities; and investing in and upgrading equipment for these activities.
2. Enterprises’ expenses used to sponsor scientific research, technological development and innovation, and expenses for scientific research, technological development and innovation shall be included in deductible expenses when determining the enterprises’ taxable income in accordance with the law on enterprise income tax.
3. When determining enterprises’ taxable income, expenses for research and development activities shall be deducted based on actual expenses of these activities in accordance with the law on enterprise income tax.
4. The Government shall detail this Article.
Article 36. Supporting enterprises in investing in developing strategic technologies
1. The State shall implement policies on support, investment, cooperation and assignment of tasks to Vietnamese enterprises in order to develop strategic technologies through:
a/ Investing in the building of infrastructure and development of specialized support services in industrial parks and hi-tech parks to attract enterprises to invest in shared-use testing and research facilities;
b/ Investing in physical foundations and equipment for shared-use testing and research facilities to attract enterprises to participate in their exploitation and operation;
c/ Investing in the implementation of projects on development of strategic technologies;
d/ Sponsoring and placing orders with enterprises to carry out science, technology and innovation tasks to serve the development of strategic technologies.
2. The projects specified at Points a, b and c, Clause 1 of this Article, if implemented in the form of public-private partnership, must comply with the law on investment in the form of public-private partnership.
3. The Government shall detail this Article.
Article 37. Assurance of rights of, and support mechanisms for, non-public organizations in science, technology and innovation activities
1. Organizations engaged in the field of non-public 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 (below referred to as non-public organizations) are provided equal access to the State’s policies, programs and support resources in accordance with this Law.
2. Non-public organizations have the following rights:
a/ To participate in the consideration, selection, ordering, and bidding for the performance of state budget-funded science, technology and innovation tasks;
b/ To be vested with the rights to own or use research results they create under state budget-funded science, technology and innovation tasks according to the mechanisms prescribed in this Law;
c/ To access, rent and use public technical infrastructure, physical foundations, scientific equipment and assets in the field of science, technology and innovation, ensuring the principles of publicity, transparency and equality;
d/ To enjoy incentive policies on taxes, credit, land and venture investment, access to technology exchanges, and other incentives provided for public organizations.
3. Non-public organizations may cooperate with public organizations in scientific research, technological development and commercialization of research results. The cooperation shall be carried out on the principle of voluntariness, respect for intellectual property rights, and sharing of benefits and risks appropriate to the level of contribution of the parties.
Article 38. Promotion of the innovation and innovative startup culture
1. The innovation and innovative startup culture is a system of behavioral patterns and standards, rules, beliefs, habits, perceptions, and approaches that influence the actions of organizations, individuals, and the community in innovation and innovative startup activities.
2. The State shall promote, disseminate and spreads the innovation and innovative startup culture through policies, programs, tasks, and activities to support innovation and innovative startup activities, and organizes events, performances, and awards on innovation and innovative startup.
3. The Government shall detail this Article.
Article 39. Science and technology enterprises
1. Science and technology enterprises are enterprises that conduct technology research, development, transfer and innovation activities, possess the capacity to absorb and master technologies to bring about economic efficiency and social and environmental benefits.
2. Science and technology enterprises shall be given priority to renting land and infrastructure in industrial parks, export processing zones, economic zones, hi-tech parks, hi-tech agricultural zones, and digital technology parks, and to using research and development equipment in shared-use laboratories, incubators and innovation centers; and supported in terms of information, communications and trade promotion activities.
3. Science and technology enterprises shall provide information on their operational situations and results of enjoyment of support policies to serve the state management work.
4. The Government shall detail this Article; and specify the conditions, order, procedures, and competence for certifying science and technology enterprises.
Article 40. The National Venture Investment Fund and local venture investment funds
1. The National Venture Investment Fund shall be established to invest and co-invest in innovative startup enterprises, and invest in other funds for innovative startup activities, and support the national innovative startup ecosystem. The National Venture Investment Fund shall be provided with charter capital from the state budget and may receive sponsorships, assistance, and other lawful capital sources without increasing its charter capital.
2. Provincial-level People’s Committees shall, based on the resource conditions and practical needs, decide on the establishment of local venture investment funds to invest in innovative startup and support the local innovative startup ecosystems. A local venture investment fund shall be provided with charter capital from the state budget and may receive sponsorships, assistance and capital from other lawful sources without increasing its charter capital.
3. Venture investment funds shall operate according to market principles, ensuring transparency, and accepting risks in a controlled manner, in which the total loss arising from investment activities must not exceed the risk threshold determined in the investment strategies or investment plans, on the basis of the overall investment portfolio and in a specified investment cycle approved by competent agencies according to the Government’s regulations. It it not required to apply capital preservation requirements for each financial year or for each specific project or task to venture investment funds.
4. The National Venture Investment Fund and local venture investment funds may cooperate with or hire professional organizations and individuals for management and operation; adopt mechanisms on cooperation and coordination with domestic and foreign funds in effectively using resources and employing experts; adopt mechanisms on supervision and independent assessment of risks, investment efficiency, social impact, and efficiency in attracting investment from the private sector; and shall publicize periodical reports, give explanations, and provide information to serve the state management work.
5. Organizations or individuals managing and operating the National Venture Investment Fund and local venture investment funds shall be exempt from civil liability and excluded from administrative liability related to investment losses in case the losses arise due to objective risks, provided they have fully adhered to the investment principles, complied with internal regulations of the funds, and fulfilled the transparency and honesty obligations in the investment decision-making process.
6. The Government shall detail this Article; and specify the establishment, organizational structure, operation, management, structure and proportion of state budget capital, capital use, and supervision mechanism of the National Venture Investment Fund and local venture investment funds.
Article 41. Organization of a specialized securities trading market for innovative startup enterprises
1. The Vietnam Stock Exchange and its subsidiaries may organize a specialized securities trading market for innovative startup enterprises through a specialized board for trading and listing stocks of innovative startup enterprises.
2. Participants in the specialized securities trading market for innovative startup enterprises include professional securities investors in accordance with the law on securities, the National Venture Investment Fund, local venture investment funds, enterprises’ science and technology development funds, domestic and international financial institutions and investment funds for innovative startup, innovative startup supporting organizations, innovative startup enterprises, individual investors for innovative startup recognized by competent agencies and other subjects under the Government’s regulations.
3. The Government shall detail this Article; and specify specific conditions for registration of trading and listing of shares of innovative startup enterprises.
Chapter V
BUILDING OF SCIENCE, TECHNOLOGY AND INNOVATION POTENTIAL
Section 1
ORGANIZATIONS OPERATING IN THE FIELD OF SCIENCE, TECHNOLOGY AND INNOVATION
Article 42. Development of organizations operating in the field of science, technology and innovation
1. The State shall promote the development of organizations operating in the field of science, technology and innovation, regardless of whether they are public or non-public; prioritize resources for the formation and development of a number of organizations with leading roles and tasks in scientific research, technological development and innovation.
2. The Government shall specify types of organizations operating in the field of science, technology and innovation.
Article 43. Science and technology organizations
1. The forms of science and technology organizations are prescribed as follows:
a/ Scientific research organization, scientific research and technological development organization organized in the forms of academy, institute, center and other forms under the Government’s regulations;
b/ Higher education institution established in accordance with the law on higher education; hospital established in accordance with the law on medical examination and treatment;
c/ Science and technology service provider organized in the form of center, office and other forms under the Government’s regulations.
2. A science and technology organization shall be established when fully meeting the following conditions:
a/ Having the organization and operation charter and operational objectives and directions in conformity with law;
b/ Having science and technology human resources, technical and physical foundations that meet the requirements for realizing its objectives, directions and organization and operation charter;
c/ Having its operational purposes, contents and fields in conformity with law, ensuring national defense, security and development requirements of Vietnam and being permitted to set up a working office in Vietnam, for foreign-invested organizations.
3. Organizations and individuals may establish and contribute capital to establish science and technology organizations in accordance with law. The Prime Minister shall specify the fields in which individuals may establish or contribute capital to establish science and technology organizations.
4. Organizations that meet the requirements specified Clause 2 of this Article shall be granted a certificate of registration as science and technology organization after registering with competent state agencies.
5. Higher education institutions and hospitals established in accordance with the law on higher education and the law on medical examination and treatment, which have the function of scientific research, technological development or provision of science, technology and innovation services as specified by the competent authorities, may be granted certificates of registration as science and technology organization.
6. Science and technology organizations have the following rights:
a/ To enjoy autonomy and self-liability in science, technology and innovation activities within the scope of their granted certificates; to be permitted to carry out business registration and operate in other fields in accordance with relevant laws;
b/ To establish affiliated science and technology organizations and enterprises, representative offices and branches at home and abroad with the operational scope conformable with the registered fields in Vietnam in accordance with law;
c/ To cooperate with others, enter into joint ventures, receive sponsorships, and contribute capital in cash, assets and intellectual property rights for the purposes of conducting science, technology and innovation activities and production and business in accordance with law;
d/ To transform into enterprises in accordance with law;
dd/ To be entitled to incentives in accordance with the laws on enterprise income tax, value added tax, and import and export duties;
e/ To receive support in using the state budget-invested science and technology infrastructure.
7. Science and technology organizations have the following obligations:
a/ To carry out science, technology and innovation activities within the fields stated in their certificates of registration as science and technology organization;
b/ To maintain conditions required for science and technology organizations throughout the operation process;
c/ To meet state management requirements on science, technology and innovation;
d/ To fulfill the responsibility of disseminating knowledge about, and promote the development of, science, technology and innovation;
dd/ To update information on their operational situation and results of annual activities on the National Digital Platform for Science, Technology and Innovation Management.
8. The Government shall detail this Article; and specify the competence, order and procedures for establishment, consolidation, merger, division, separation and dissolution of science and technology organizations.
Article 44. Responsibilities of agencies managing science and technology organizations
1. To carry out inspection and supervision to ensure that science and technology organizations fully comply with establishment conditions and operate within the fields stated in their certificates of registration.
2. To evaluate the operational efficiency of science and technology organizations to serve as a basis for determining the levels of financial support from the state budget and to adjust, suspend or terminate the operations of science and technology organizations.
3. To be held responsible for carrying out the consolidation, merger, division, separation and dissolution of science and technology organizations in accordance with 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 agency, political organization, or socio-political organization.
2. The State shall invest in the physical foundations and support operational funds for public science and technology organizations, and grant them the rights to autonomy and self-liability regarding the organizational structure, personnel, finances, international cooperation, and joint venture, and affiliation activities.
3. Permanent personnel of public science and technology organizations, except higher education institutions, may also work on a permanent basis for higher education institutions.
4. Public science and technology organizations may establish, participate in the establishment of, or contribute capital to, enterprises to commercialize the results of scientific research, technological development and innovation; and may assign their public employees to participate in enterprise operations or work at enterprises on a periodical basis.
5. Public science and technology organizations may assign their public employees to work at other enterprises or science and technology organizations for a certain period of time to exchange academic knowledge, enhance their capacities, and understand technology needs; and shall maintain regimes on salary, promotion, appointment, emulation, commendation and other regimes and policies for assigned public employees.
6. The Government shall detail this Article.
Article 46. Specialized public science and technology organizations
1. Specialized public science and technology organizations are public science and technology organizations that are allowed to apply special mechanisms regarding finances, organizational structure, payroll and personnel under the Government’s regulations.
2. Specialized public science and technology organizations specified in Clause 1 of this Article include:
a/ Organizations established by competent agencies on the basis of cooperation documents with international organizations and national organizations to directly conduct or support scientific research, technological development and innovation in the fields prioritized for development in Vietnam;
b/ Outstanding research centers and institutes established to gather domestic experts and scientists, and overseas Vietnamese scientists and foreign scientists to work on a part-time or secondment basis.
3. The Government shall detail this Article.
Article 47. Research and development centers, innovation centers, innovative startup support centers
1. Research and development centers, innovation centers, provincial-level innovation centers, national-level innovation centers, innovative startup support centers, provincial-level innovative startup support centers, and national-level innovative startup support centers shall be determined based on criteria on technical infrastructure, resources, and operational capacity, objectives, and results.
2. Organizations engaged in research and development, innovation, innovative startup, innovation support, and innovative startup support activities that meet the criteria specified in Clause 1 of this Article may request recognition from competent agencies to serve as a basis for applying incentive and support policies in accordance with law.
3. Organizations specified in Clauses 1 and 2 of this Article shall be given with priorities in renting land and infrastructure in industrial parks, export processing zones, economic zones, hi-tech zones, hi-tech agricultural zones, and concentrated digital technology zones, and in using research and development equipment in shared-use laboratories, incubators, and innovation centers; supported in information, communications and trade promotion activities; entitled to incentives and support in accordance with law; and held responsible for providing information on the operational situation and results of enjoyment of incentive and support policies to serve the state management work.
4. The Government shall detail this Article.
Article 48. Public non-business units operating in the field of science, technology and innovation
Public non-business units operating in the field of science, technology and innovation include:
1. Public science and technology organizations, except universities, hospitals and science and technology organizations under such universities and hospitals;
2. Public innovation centers;
3. Public innovative startup support centers;
4. Other organizations established by competent state agencies to provide public services and serve the state management of science, technology and innovation.
Section 2
DEVELOPMENT OF SCIENCE, TECHNOLOGY AND INNOVATION HUMAN RESOURCES
Article 49. Human resources engaged in science, technology and innovation activities
Human resources engaged in science, technology and innovation activities include individuals who manage, directly carry out, or support, science, technology and innovation activities.
Article 50. Scientific titles and technological titles
1. A scientific title or technological title is a designation that reflects the professional level, capacity, expertise, and skills of an individual engaged in the field of science, technology and innovation.
2. Individuals engaged in science, technology and innovation activities who participate in teaching and training at undergraduate and postgraduate levels shall be considered for recognition and appointment to the titles of professor and associate professor in accordance with the law on higher education.
3. Those who possess a doctoral degree or have outstanding achievements or high-level awards in science, technology, or innovation shall be considered for recognition and appointment to higher scientific or technological titles, regardless of their years of service.
4. The Government shall detail this Article.
Article 51. Rights of individuals engaged in science, technology and innovation activities
1. To enjoy freedom in creation and equality in science, technology and innovation activities.
2. To be assigned tasks, provided with equipment and given appropriate working conditions by the agencies, organizations and units where they work.
3. To participate in providing advice and proposing opinions on policies, laws and strategies on science and technological development and innovation, and plans on science, technology and innovation.
4. To cooperate with other organizations and individuals in science, technology and innovation activities, and sign science, technology and innovation contracts.
5. To access information and databases on science, technology and innovation in service of science, technology and innovation activities.
6. To join organizations operating the field of science, technology and innovation; to join science, technology and innovation societies and associations.
7. To participate in training and consultancy activities, to attend conferences and seminars on science, technology and innovation; to participate in international cooperation activities in science, technology and innovation.
8. To be considered for recognition and appointment to scientific titles and technological titles in accordance with this Law.
9. To receive commendations and enjoy benefits, incentives and support in accordance with this Law and other relevant laws.
Article 52. Obligations of individuals engaged in science, technology and innovation activities
1. To contribute their knowledge and talents to the cause of scientific and technological development and innovation, socio-economic development, and assurance of national defense and security.
2. To comply with scientific integrity and professional ethics in science, technology and innovation activities.
3. To fulfill the responsibility of carrying out public communication about and disseminating knowledge, results and achievements in science, technology and innovation to the community.
4. To abide by regulations of their employing organization and agreements with investing or sponsoring organization when providing or publishing research results, registering intellectual property rights, or transferring technologies created from the results of scientific research, technological development and innovation of such organizations.
5. To perform other obligations in accordance with this Law and other relevant laws.
Article 53. Chief engineers in science, technology and innovation
1. When necessary, competent state agencies shall decide on the assignment of chief engineers who are persons with prestige, experience and outstanding capacity, to assume the prime responsibility for implementing the following programs and tasks:
a/ Special science, technology and innovation programs and tasks;
b/ Science and technology programs to develop strategic technologies;
c/ Other large-scale and interdisciplinary science, technology and innovation programs and tasks which are important to socio-economic development and have special importance under the Government’s regulations.
2. In the course of implementing the assigned programs or tasks, chief engineers have the following tasks and powers:
a/ To develop, submit for approval and be held responsible for the overall architecture and technological roadmap;
b/ To decide on strategic technical and technological issues, and settle complex technical problems;
c/ To approve major design changes;
d/ To direct and provide professional guidance to heads of programs, tasks, components (if any) and related units;
dd/ To have the rights to access all information and request explanations;
e/ To have the rights to reserve their professional opinions and report directly to the highest-level authority when there are significant differences;
g/ To participate in the appraisal and evaluation of related proposals and projects;
h/ To take full personal responsibility before the competent agencies for the technical and technological results of the programs or tasks.
3. The Government shall specify the competence and procedures for selecting chief engineers.
4. In addition to the incentives specified in Clause 1, Article 55 of this Law, chief engineers shall, during the implementation of the assigned programs or tasks, be eligible to the following incentives:
a/ To receive salary and special preferential allowances as agreed; to be arranged official housings covered by the state budget in accordance with the law on housing; to be provided with official means of transport during the task performance; and to be entitled to social welfare for them and their family;
b/ To propose competent agencies to mobilize human resources engaged in science and technology and science and technology organizations to participate in the task performance; to proactively select, mobilize and use human resources within the scope of the programs or tasks; and to hire domestic and foreign experts and pay them at agreed budget levels;
c/ To proactively decide on the use of allocated funds and resources, including funds for the direct procurement of foreign technologies, products, and equipment necessary for technology decoding at agreed prices, and for the direct procurement of technological know-how at agreed prices;
d/ To be provided with support funds for carrying out surveys and scientific exchanges with foreign scientists to update new technologies.
5. In the field of the national defense and security industry and industrial mobilization, the consideration and recognition of chief engineers must comply with the law on the national defense and security industry and industrial mobilization. Chief engineers engaged in the field of the national defense and security industry and industrial mobilization shall be eligible to incentives in accordance with this Law and the Law on the National Defense and Security Industry and Industrial Mobilization.
6. The Government shall detail this Article.
Article 54. Attracting and appointing science, technology and innovation talents to important posts
1. Science, technology and innovation talents are individuals with exceptional capabilities and breakthrough contributions or significant influence on the development of the sector or field at the national or international level and meeting one of the following criteria:
a/ Winning prestigious domestic or international science and technology awards; or having research results published in leading international scientific journal or at specialized international conferences;
b/ Being the authors of protected inventions or plant varieties; or having new and breakthrough products, models, solutions or services that have been applied in practice and brought about great value to socio-economic development or environmental protection;
c/ Having been assigned to be in charge of key national or international projects or breakthrough innovative startup projects.
2. The State shall adopt policies to attract and appoint science, technology and innovation talents to important posts as follows:
a/ The State shall give priority to directly assigning science, technology and innovation tasks, especially tasks serving the development of high technologies and strategic technologies, to organizations and enterprises that may attract talents to participate in the task performance;
b/ In addition to the incentive policy specified in Clause 1, Article 55 of this Law, the State shall adopt special incentive policies for science, technology and innovation talents through financial incentives, non-financial incentives, incentives in working conditions, and housing arrangement. The State shall create opportunities for long-term career development for attracting talents from abroad, and ensure social security for talents and their families;
c/ The State shall promote the development of human resources and science, technology and innovation talents through organizing training, further training and upskilling programs to improve their professional qualifications and expertise, in association with building modern physical foundations to create opportunities for research and practical application.
3. The identification of talents in the field of science, technology and innovation shall be based on specific criteria and evidence, without requiring formal title recognition procedures. Based on the criteria specified in Clause 1 of this Article, competent agencies assigned to perform the task shall decide on the application of attraction and incentive policies for talents.
4. The Government shall detail this Article.
Article 55. Incentives for individuals engaged in science, technology and innovation activities
1. Individuals engaged in science, technology and innovation activities shall receive support in training, further training, scientific research, and technological development; and shall be given priority in appointment, recruitment, job arrangement, income, personal income tax, labor, housing, exit, entry and residence procedures and work permit issuance.
2. Chief engineers shall be eligible for the incentives specified in Clause 4, Article 53 of this Law.
3. Talents shall be eligible for the incentives specified in Clause 2, Article 54 of this Law.
4. Postdoctoral researchers, doctoral students in doctoral training programs, and learners in master’s training programs shall be considered for receiving state budget funds for their research activities.
5. Talented young scientists and talented young engineers shall be given with priorities in receiving support for overseas training to enhance their qualifications, chairing science, technology and innovation tasks, and being allocated funds to support strong research groups in their specialized fields.
6. Excellent scientists with outstanding achievements in scientific research and technological development shall be considered for receiving funds to proactively implement breakthrough scientific research and technological development initiatives with high application potential, contributing to socio-economic development and ensuring national defense and security.
7. Domestic experts and scientists, overseas Vietnamese, and foreign experts and scientists shall be eligible to the following incentives:
a/ To be encouraged to participate in science, technology and innovation activities in Vietnam;
b/ Overseas Vietnamese experts and scientists and foreign experts and scientists shall, during their working period in Vietnam, have the rights and obligations specified in Articles 51 and 52 of this Law and be entitled to incentives regarding income, working conditions, exit, entry and residence procedures, housing and other incentives in accordance with law.
8. The Government shall detail this Article.
Article 56. State honorary titles, commendation and awards in 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, and foreign organizations and individuals may establish and award prizes to promote the development of science, technology, and innovation in Vietnam in accordance with law.
3. Organizations and individuals shall be eligible to receive titles and awards in science, technology and innovation from domestic organizations and individuals, overseas Vietnamese, and foreign organizations and individuals in accordance with Vietnam’s law.
4. Ministries, ministerial-level agencies, other central agencies, and provincial-level People’s Committees shall, based on the situation and needs for encouragement and commendation in the sectors and fields under their management, consider and award prizes on science, technology and innovation to collectives and individuals with outstanding results in scientific research, technological development and innovation.
5. The Government shall detail this Article.
Article 57. Individuals, groups of individuals and enterprises engaged in innovative startup activities, and investors in and experts supporting innovation and innovative startup activities
1. Individuals, groups of individuals and enterprises engaged in innovative startup activities, and experts supporting and individual investors in innovation and innovative startup activities may request competent agencies to recognize them as beneficiaries of incentive policies in accordance with law and support policies of programs and schemes on supporting innovation and innovative startup activities.
2. Individuals, groups of individuals and enterprises engaged in innovative startup activities shall be given with priorities in renting land and infrastructure in industrial parks, export processing zones, economic zones, hi-tech parks, hi-tech agricultural zones, and digital technology parks, and in using research and development equipment in shared-use laboratories, incubators, and innovation centers; and supported in information, communications and trade promotion activities.
3. The individuals, groups of individuals and enterprises specified in Clause 1 of this Article shall provide information on their operational situation and results of enjoyment of support policies to serve the state management work.
4. The Government shall detail this Article; and specify the order, procedures, conditions, and competence for recognizing the subjects specified in Clause 1 of this Article.
Article 58. Public employees contributing capital to, or working, managing and operating enterprises for the purpose of commercialization of research results
1. Public employees and managing public employees working at public science and technology organizations may contribute capital to, or participate in the management operation of, or work at, enterprises established by their organizations or participate in establishment of enterprises to commercialize research results created by such organizations with the consent of the heads of the organizations.
2. For managing public employees who are the head of public science and technology organizations, the consent of the direct superior authority shall be required.
Section 3
INFRASTRUCTURE FOR SCIENCE, TECHNOLOGY AND INNOVATION
Article 59. Construction and development of infrastructure serving scientific research, technological development and innovation
1. The State shall invest in the construction, renovation, upgrading, repair, maintenance and operation of physical foundations, technical infrastructure and equipment serving scientific research, technological development and innovation, focusing on the 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 method of investment in infrastructure for strategic technological development must comply with Points a, b and c, Clause 1, Article 36 of this Law.
2. The State shall invest in the construction of shared-use physical foundations, technical infrastructure, and equipment in a number of fields to serve training, scientific research, technological development and innovation activities.
3. Organizations managing the shared-use physical foundations, technical infrastructure, and equipment specified in Clause 2 of this Article have the following responsibilities:
a/ To facilitate the shared-use thereof by organizations and individuals;
b/ To publicize the list of equipment and materials, and organizations using such equipment and materials on the National Digital Platform for Science, Technology, and Innovation Management;
c/ To publicize related costs and periodical reports on the efficiency of the shared use.
4. Organizations managing the shared-use physical foundations, technical infrastructure, and equipment specified in Clause 2 of this Article may collect service charges based on their actual costs, including maintenance, repair, operation and depreciation costs, according to the publicly announced techno-economic norms.
5. The State encourages the development of concentrated research and development and innovation clusters and zones, including also hi-tech zones, science parks, and innovation clusters.
6. The State shall invest in the construction and development and participate in the exploitation of infrastructure, networks, and domestic and foreign ecosystems supporting innovative startup to connect the national and international innovative startup ecosystems.
7. The Government shall detail this Article.
Article 60. Building information and statistical infrastructure for science, technology and innovation
1. The State shall prioritize investment in information infrastructure, information resources, and making statistics on science, technology, and innovation, including the National Digital Platform for Science, Technology and Innovation Management and the National Information System on Science, Technology and Innovation to serve research, management, policy-making, socio-economic development, and assurance of national defense and security.
2. The State shall invest in and support organizations operating in the field of science, technology and innovation in collecting, processing, managing and disseminating information and knowledge about science, technology and innovation; and develop open databases to serve the community.
3. Organizations and individuals are encouraged to sponsor and participate in the activities specified in Clauses 1 and 2 of this Article.
Section 4
FINANCES FOR SCIENCE, TECHNOLOGY AND INNOVATION
Article 61. State budget funds for science, technology and innovation
1. The State shall ensure that annual state budget expenditures for science, technology and innovation account for at least 2% of total state budget expenditures, within the minimum 3% of the state budget allocated for the development of science, technology, innovation and digital transformation, and shall gradually increase such proportion to meet development requirements so as to realize guidelines and policies of the Party and the State in each period.
2. State budget expenditures for science, technology and innovation shall be used in a selective and targeted manner, associated with results and effectiveness of the task performance, and in adherence to the principle of upholding the responsibility of central and local agencies.
3. The State shall adopt policies on state budget support to encourage organizations and enterprises to invest in science, technology and innovation.
4. The Government shall detail this Article.
Article 62. Items of state budget expenditures for science, technology and innovation
1. State budget funds for science, technology and innovation shall be used for the following purposes:
a/ Expenditures for investment in the development of science, technology and innovation infrastructure;
b/ Expenditures for the performance of science, technology and innovation tasks selected, directly assigned, or funded by the State;
c/ Expenditures for the provision of support for scientific research, technological development and application, technology transfer, innovation, and innovative startup; research and formulation of national standards and technical regulations; registration, protection, management and exploitation of intellectual property rights;
d/ Expenditures for the provision of support for regular operations of public science and technology organizations;
dd/ Expenditures for the performance of tasks assigned by competent authorities to public science and technology organizations beyond the recurrent expenditure estimates specified at Point d of this Clause;
e/ Expenditures for the management of science, technology and innovation;
g/ Expenditures for the implementation of policies to attract, employ and preferentially treat individuals engaged in science, technology, and innovation activities;
h/ Expenditures for the provision of charter capital for venture funds; expenditures for the management and operation under the functions of the National Foundation for Science and Technology Development, the National Technology Innovation Fund, and science, technology and innovation development funds of ministries, ministerial-level agencies, government-attached agencies, other central agencies and provincial-level People’s Committees;
i/ Expenditures for international cooperation in the field of science, technology and innovation;
k/ Other expenditures.
2. The Government shall detail this Article.
Article 63. Formulation of estimates, allocation, management, use and account-finalization of state budget funds for science, technology and innovation
1. The formulation of contents of investment in the development of science, technology and innovation in 5-year financial plans and medium-term public investment plans must comply with the Law on the State Budget and the Law on Public Investment, ensuring their conformity with the Strategy for development of science, technology and innovation and objectives of development of science, technology and innovation of each period.
2. The formulation of annual state budget estimates for science, technology and innovation must be as follows:
a/ To include expenditure estimates for development investment and recurrent expenditure estimates for science, technology and innovation for the central budget and local budgets;
b/ To comply with the expenditure items specified in Clause 1, Article 62 of this Law under guidance of the central state management agency in charge of science, technology and innovation;
c/ Based on medium-term public investment plans, 5-year general plans on science, technology and innovation, and plans on science, technology and innovation of ministries, ministerial-level agencies, government-attached agencies, other central agencies, and provincial-level People’s Committees;
d/ Annual state budget estimates for the performance of science, technology and innovation tasks funded or ordered by the State must include expenditure estimates for transitional tasks and expenditure estimates for new tasks based on the projected number of tasks and average annual funds for tasks from the previous years, which are determined for each type of task or are increased upon the occurrence of changes in relevant policies and regimes or adjusted due to inflation or deflation.
dd/ The formulation of recurrent expenditure estimates for the provision of support for public science and technology organizations shall be carried out annually based on the projected number of activities, for which managing agencies shall determine and formulate expenditure estimates neccessary for the implementation thereof, with human resource capacity, physical facilities and expertise fields of organizations taken into account. The expenditure estimates for the subsequent period shall be formulated based on the evaluation of the organization’s performance in the preceding period. Annual state budget estimates for the performance of science, technology and innovation tasks for public science and technology organizations must include expenditure estimates for transitional tasks and expenditure estimates for new tasks, based on the projected number of tasks and average annual funds for tasks in the previous years, which are increased upon the occurrence of changes in relevant policies and regimes or adjusted due to inflation or deflation.
e/ Annual expenditure estimates from other development investment funding sources shall be formulated based on decisions on task approval, disbursement progress and outcomes of inspected and evaluated work items; ministries, ministerial-level agencies and other central and local agencies shall summarize annual plans on other expenditures for development investment, including the list and capital amounts to be allocated for programs, tasks and projects, and submit them to the central state management agency in charge of science, technology and innovation for summarization.
3. The allocation of state budget expenditures for science, technology and innovation must adhere to the following principles:
a/ Conformity with strategies for socio-economic development, national defense and security, and strategies for the development of science, technology and innovation; and alignment with 5-year overall plans on science, technology and innovation, plans on science, technology and innovation, orientations for priority technologies, and approved programs on science, technology and innovation;
b/ Priority given to the allocation of state budget funds for large-scale, inter-sectoral and inter-regional tasks and programs with the participation of enterprises and technological spillover effect, particularly in strategic technologies and emerging technologies that are decisive to the national competitiveness;
c/ State budget allocation shall be based on the assessment of task performance results, efficiency of the state budget use in previous periods, and the actual contribution of tasks, programs and projects to the objectives of science and technology development and innovation. Such assessment shall be associated with the accountability of ministries, ministerial-level agencies, government-attached agencies, and other central and local authorities;
d/ Publicity and transparency;
dd/ Funds for the sponsorship or order placement of science, technology and innovation tasks; funds for interest rate support and support funds for the organization of science, technology and innovation activities channeled to the funds specified in Articles 64 and 65 of this Law shall be provided under payment orders to those funds’ accounts at the State Treasury;
e/ Estimates of the state budget portions not allocated through the funds shall be directly assigned to state budget-using units in accordance with law.
4. Management and use of the state budget must be as follows:
a/ The state budget shall be used for the objective of ensuring overall efficiency and the disbursement progress, associated with the direct and comprehensive responsibility of state budget-using units, and subject to regular supervision, inspection and assessment by competent agencies;
b/ Heads of state budget-using agencies and units shall manage and use the state budget, assess and report on the implementation status, results and efficiency of the state budget use on the National Digital Platform for Science, Technology and Innovation Management; and fully preserve documents and provide explanations at the request of competent agencies;
c/ Funds for the performance of science, technology and innovation tasks shall be used under payment orders of organizations in charge of performing science, technology and innovation tasks and account-finalized upon the completion of the contract performance, regardless of the fiscal year; annual account-finalization of state budget expenditures shall be carried out according to the budget year for actual expenditures certified by the State Treasury where organizations in charge of performing science, technology and innovation tasks opens transaction accounts;
d/ Heads of state budget-using agencies and units have the autonomy and responsibility for using recurrent operation support funds of public science and technology organizations to achieve outputs committed under annually assigned state budget estimates.
5. The application of presumptive expenditures to final products or presumptive expenditures to each content of science, technology and innovation tasks must be as follows:
a/ Presumptive expenditures to final products shall be applied when organizations in charge of performing scientific, technological and innovative tasks commit to obtaining products being such tasks’ outcomes. When applying presumptive expenditures to final products, organizations in charge of performing science, technology and innovation tasks have the right to autonomy and self-determination over the use of funds, may adjust expenditure items and contents, and account-finalize the total funds for the task performance according to presumptive expenditures for science, technology, innovation and digital transformation;
b/ For presumptive expenditures to each research content, organizations in charge of performing science, technology and innovation tasks may use presumptive funds, except expenditures for procurement of assets and equipment for the task performance, outsourced services without existing standards or norms, and overseas working trips. Organizations in charge of performing science, technology and innovation tasks may adjust items within the same type of expenditure;
c/ Organizations in charge of performing science, technology and innovation tasks may use funds for labor cost to hire domestic and foreign experts under agreements; and shall take responsibility for using funds for proper purposes, preserving documents, and providing explanations upon requests. Funds for labor cost shall be recorded as revenues of organizations in charge of performing science, technology and innovation tasks for payment to individuals directly engaged in the task performance, support for the task performance, and other specialized contractual services, excluding expenditures for payment to individuals who are not part of organizations in charge of performing science, technology and innovation tasks.
6. The account-finalization of state budget funds for science, technology and innovation must comply with the Law on the State Budget and the Law on Public Investment.
7. The Government shall detail this Article.
Article 64. National Foundation for Science and Technology Development, National Technology Innovation Fund
1. The National Foundation for Science and Technology Development is formed from annual state budget allocations, voluntary contributions and lawful donations of organizations and individuals. The Fund performs the function of providing financial support and placing orders for the performance of science, technology and innovation programs and tasks for scientific research and technological development purposes; and providing support for raising the national scientific and technological capacity.
2. The National Technology Innovation Fund is formed from annual state budget allocations, voluntary contributions and lawful donations of organizations and individuals. The Fund performs the function of providing financial supports and placing orders for the performance of science, technology and innovation programs and tasks, supporting lending interest rates and expenditures for technological application, technology transfer, technological renewal, and innovation; and supporting the development of innovation systems and innovative startup ecosystems, and the promotion of innovation and innovative startup culture.
3. The planning and determination of the total annual state budget allocations for the funds specified in Clauses 1 and 2 of this Article will not take into account voluntary contributions and donations of organizations and individuals. At the end of a fiscal year, voluntary contributions and donations that are not used up shall be retained in the fund for further use and not be required to be remitted into the state budget.
4. The National Foundation for Science and Technology Development and the National Technological Innovation Fund are not off-budget state financial funds
5. The Government shall detail this Article.
Article 65. Science, technology and innovation development funds of ministries, ministerial-level agencies, government-attached agencies, other central agencies and provincial-level People’s Committees
1. Ministries, ministerial-level agencies, government-attached agencies, other central agencies and provincial-level People’s Committees shall, depending on their practical conditions, set aside science, technology and innovation development funds in order to place orders or provide financial support for science, technology and innovation programs and tasks; provide financial and lending interest support for technology application, technology transfer, technology renewal, and innovation; support the improvement of science and technology capacity; support the development of innovation systems and innovative startup ecosystems, and the promotion of innovation and innovative startup culture.
2. These funds are formed from annual state budget allocations, voluntary contributions and lawful donations of organizations and individuals.
3. The planning and determination of the total annual state budget allocations for these funds will not take into account voluntary contributions or donations of organizations and individuals. At the end of a fiscal year, voluntary contributions, donations and gifts that are not used up shall be retained in these funds for further use and not be required to be remitted into the state budget.
4. These funds’ operational results shall be periodically assessed based on their effectiveness in achieving strategic objectives, and implementing 5-year general plans on science, technology and innovation, plans on science, technology and innovation, and improving their capacity to contribute to the socio-economic development, national defense and security assurance, and development of sectors and fields.
5. Ministries, ministerial-level agencies, government-attached agencies, other central agencies, and provincial-level People’s Committees shall assign existing agencies and units within their organizational systems to perform the task of fund administration, and take responsibility for inspecting and supervising activities of units in charge of fund administration, ensuring on-schedule and effective disbursement and use of the allocated state budget funds.
6. The Government shall detail this Article.
Article 66. Science and technology development funds of enterprises, organizations and public non-bussiness units
1. Enterprises, organizations and public non-business units may set aside science and technology development funds in accordance with the law on enterprise income tax. These funds may receive voluntary contributions and lawful donations of organizations and individuals to perform their tasks.
2. Enterprises, organizations and non-business units may use their science and technology development funds to carry out the following activities:
a/ Directly being engaged in, placing orders for, or hiring, the performance of scientific research, technological development and innovation;
b/ Supporting scientific research, technological development and innovation; studying, developing and applying institutional standards; carrying out the registration, protection, management and exploitation of intellectual property rights;
c/ Conducting research or hiring research to be conducted abroad without having to have investment projects;
d/ Carrying out the purchase, merger, investment or co-investment in innovative startup projects and innovative startup enterprises. Enterprises, organizations and non-business units may only use up to 5% of their annual taxable income for the activities specified at this Point;
dd/ Performing other tasks as specified in this Law.
3. In addition to the contents specified in Clause 2 of this Article, state enterprises may use science and technology development funds to implement key projects and projects on strategic technology development under the special mechanism specified in Article 31 of this Law.
4. Enterprises, organizations and non-business units have the autonomy and responsibility to manage and use their science and technology development funds.
5. The use of a science and technology development fund of a state enterprise, public science and technology organization, or non-business unit for the purchase, merger, investment or co-investment in an innovative startup enterprise must meet the following requirements:
a/ Adhering to the principles of openness, transparency, financial risk management, and prevention of conflicts of interest;
b/ Evaluating the investment efficiency on an overall and long-term basis, without applying the requirement of annual capital preservation and without applying the assessment on a project-by-project or task-by-task basis;
c/ Ensuring that the total investment in an innovative start-up enterprise does not exceed the approved risk threshold specified in the fund’s investment plan, which is determined based on the overall investment portfolio or within a specified investment cycle;
d/ Having a mechanism for periodical monitoring and evaluation of investment results, and promptly handling risks and losses (if any).
6. Enterprises, organizations, non-business units, and individuals that manage and use funds shall be exempt from the civil liability and excluded from the administrative liability related to investment losses when carrying out investment activities specified in Clause 5 of this Article upon the occurrence of losses, provided they have fully complied with relevant procedures and regulations in the process of carrying out investment, and ensure the publicity, transparency and honesty in the investment decision-making process.
7. The Government shall detail this Article.
Article 67. Incentives for the procurement funded by the state budget of products and goods by organizations and enterprises operating in the field of science, technology and innovation
1. Hi-tech products on the List of hi-tech products encouraged for development that are produced by hi-tech enterprises or newly established enterprises under investment projects on the manufacturing of hi-tech products recognized in accordance with the law on high technology; products and goods that are created from outcomes of special science, technology and innovation tasks; and products and goods that are created from outcomes of domestic science, technology and innovation tasks are entitled to incentives in accordance with the law on bidding.
2. The State shall consider providing financial support to cover expenses for testing, inspection and quality assessment of products involved in the procurement funded by the state budget in the following cases:
a/ Products of innovative startup enterprises, science and technology organizations, science and technology enterprises, hi-tech enterprises, and enterprises manufacturing strategic technology products;
b/ Products of organizations and enterprises that are created from outcomes of domestic scientific research, technology development and innovation.
3. The Government shall detail this Article.
Chapter VI
INTERNATIONAL INTEGRATION AND COOPERATION IN SCIENCE, TECHNOLOGY AND INNOVATION
Article 68. Principles of international integration and cooperation in science, technology and innovation
1. Active and proactive integration based on assurance of national independence, sovereignty and security, and equality and mutual benefit; joint settlement of scientific and technological issues.
2. Diversification and multilateralization of cooperation and investment with foreign countries; assurance of state budget funds and appropriate financial mechanisms for integration.
3. Development of science, technology and innovation up to international standards and requirements of the socio-economic development and national defense and security maintenance.
4. Selective absorption of international experiences, especially from countries with developed science, technology and innovation ecosystems; and mobilization of international resources for raising the capacity of scientific research, technology development and innovation, especially high technologies and strategic technologies.
5. Protection of intellectual property rights of parties to international cooperation under treaties to which the Socialist Republic of Vietnam is a contracting party.
Article 69. Activities in international integration and cooperation in science, technology and innovation
1. Participating in the development and formulation of regional and international science, technology and innovation cooperation mechanisms.
2. Joining in regional and international organizations and associations in the field of science, technology and innovation.
3. Associating with foreign and international organizations in the establishment of institutions and the performance of joint science, technology and innovation activities.
4. Attracting and hiring experts and scientists who are overseas Vietnamese, and foreign experts and scientists.
5. Seeking and transferring advanced technologies from foreign countries; promoting scientific research, technological development and innovation results abroad.
6. Developing a network of Vietnamese science and technology representatives abroad.
Article 70. Promotion of international integration and cooperation in science, technology and innovation
1. The State shall provide financial support for the performance of science, technology and innovation tasks in the forms of bilateral and multilateral cooperation and technology transfer.
2. Funds for the provision of financial support and placement of orders for scientific research, technological development and innovation in international cooperation shall be used in accordance with regulations of funding organizations while ensuring the compliance with Vietnam’s law.
3. The State shall make contributions to joint research funds with other countries and international organizations under concluded treaties and international agreements.
4. The State shall provide legal assistance and consultancy to organizations and individuals engaged in international cooperation to protect intellectual property rights and settle technology transfer-related disputes.
5. The Government shall detail this Article.
Chapter VII
IMPLEMENTATION PROVISIONS
Article 71. To amend, supplement and annul a number of articles and clauses of related laws and resolutions
1. To add Article 6a below Article 6 of Law No. 21/2008/QH12 on High Technology, which has a number of articles amended and supplemented under Law No. 32/2013/QH13, Law No. 67/2014/QH13, and Law No. 71/2025/QH15, as follows:
“Article 6a. Strategic technologies
1. Strategic technologies are high technologies prioritized for development investment that meet one of the following conditions or create breakthrough or high-quality socio-economic development or play a fundamental role for industries or services or have strategic importance for national defense and security.
2. Strategic technology products are hi-tech products encouraged for development that are formed from strategic technologies. A strategic technology product must meet one of the following conditions:
a/ Having a high localization rate in the product’s value;
b/ Making significant contributions to economic growth based on capital, labor, and total factor productivity;
c/ Having positive and widespread impacts on the socio-economic development or national defense and security.
3. The Prime Minister shall promulgate the List of strategic technologies and strategic technology products.
4. The State shall earmark a proportion of the state budget to provide funds for strategic technology activities, including science and technology programs for the development of strategic technologies.”.
2. To amend and supplement a number of articles of Law No. 07/2017/QH14 on Technology Transfer, which has a number of articles amended and supplemented under Law No. 16/2023/QH15, as follows:
a/ To add Article 21a below Article 21 of Chapter II as follows:
“Article 21a. Technology appraisal and transfer in special cases
1. Technology appraisal shall be conducted in case organizations and individuals wish to have technologies that they research and create or technologies in which they invest for application in production and business activities appraised.
2. For bidding packages subject to international bidding to implement important national projects, a bidding dossier must include requirements for commitments by the general contractor and foreign contractors on technology transfer and human resource training for Vietnamese organizations and enterprises. Technology transfer must comply with this Law.
3. The Government shall detail this Article.”;
b/ To amend and supplement Article 38 as follows:
“Article 38. The National Technology Innovation Fund
The National Technology Innovation Fund must comply with the Law on Science, Technology and Innovation.”;
c/ To amend and supplement Clause 3, Article 39 as follows:
“3. Organizations and individuals that acquire technologies transferred from foreign countries into Vietnam; organizations and individuals transferring technologies abroad from Vietnam; and organizations and individuals engaged in scientific research and technological development, technology transfer, technology decoding and innovation at enterprises;”;
d/ To annul the phrase “the Science and Technology Development Fund, the National Technology Innovation Fund,” in Clause 3, Article 35;
dd/ To annul the phrase “the National Technology Innovation Fund,” in Clause 5, Article 35.
3. To add Clauses 18, 19 and 20 below Clause 17, Article 4 of Law No. 04/2007/QH12 on Personal Income Tax, which has a number of articles amended and supplemented under 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, as follows:
“18. Income from salaries and wages earned from the performance of science, technology and innovation tasks.
19. Income from copyright of science, technology and innovation tasks when outcomes of such tasks are commercialized in accordance with the law on science, technology and innovation and the law on intellectual property.
20. Income of individual investors, experts working for innovative startup projects, founders of innovative startup enterprises, and individual investors contributing capital to venture funds.”.
4. To add Point m below Point l, Clause 1, Article 157 of Land Law No. 31/2024/QH15, which has a number of articles amended and supplemented under Law No. 43/2024/QH15, Law No. 47/2024/QH15, Law No. 58/2024/QH15, Law No. 71/2025/QH15, and Law No. 84/2025/QH15, as follows:
“m/ Use of land for the construction of laboratories; land for the construction of technology incubators and science and technology enterprise incubators; land for the construction of experimental facilities; land for the construction of pilot production facilities; and land for the construction of shared-use facilities and infrastructure to support scientific research, technological development and innovation of science and technology enterprises; scientific and technological organizations; research and development centers; national innovation centers; national innovative startup support centers; provincial-level innovation centers; and provincial-level innovative startup support centers.”.
5. To amend and supplement a number of articles of Press Law No. 103/2016/QH13, which has a number of articles amended and supplemented under Law No. 35/2018/QH14 as follows:
a/ To amend and supplement Clause 2, Article 14 as follows:
“2. A higher education institution specified in the Law on Higher Education; a scientific research institution or scientific research and technological development institutions organized in the form of academy or institute specified in the Law on Science, Technology and Innovation; or a hospital at the provincial, equivalent or higher level may set up a scientific journal agency.
A scientific journal agency may publish a number of scientific journals.”;
b/ To amend and supplement Clause 1, Article 21 as follows:
“1. A press agency shall operate after the model of a revenue-generating non-business unit.
A scientific journal agency shall operate after the model of its managing agency.”;
c/ To amend and supplement Point c, Clause 2, Article 23 as follows:
“c/ Having a valid press card. This criterion does not apply to heads of press agencies of religious organizations; and scientific journal agencies;”;
d/ To amend and supplement Point c, Clause 1, Article 27 as follows:
“c/ Having worked for at least 2 consecutive years at the press agency that applies for a press card, by the time of consideration for grant of the card, except editors-in-chief of scientific journal agencies and other cases as specified by law, in case of grant of press cards for the first time;”.
6. To amend and supplement Point b, Clause 2, Article 83a of Law No. 50/2014/QH13 on Construction, which has a number of articles amended and supplemented under 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, as follows:
“b/ Conformity of construction designs with basic designs appraised by specialized construction agencies, except cases in which construction designs contain design solutions or technologies that are results of scientific research, technological development and innovation, and such solutions or technologies do not change the functional use of facilities or the projects’ investment objectives;”.
7. To amend, supplement and annul a number of articles of Law No. 50/2005/QH11 on Intellectual Property, which has a number of articles amended and supplemented under Law No. 36/2009/QH12, Law No. 42/2019/QH14, and Law No. 07/2022/QH15, as follows:
a/ To amend and supplement Point b, Clause 1, Article 86 as follows:
“b/ Organizations and individuals that have provided funds and physical facilities to authors in the form of job assignment or hiring, and organizations and individuals assigned to manage genetic resources that have provided genetic resources or traditional knowledge about genetic resources under contracts on access to genetic resources and sharing of benefits, unless otherwise agreed upon by the parties.”;
b/ To amend and supplement Clause 1, Article 135 as follows:
“1. Owners of inventions, industrial designs or layout designs are obliged to pay remunerations to authors of such inventions, industrial designs or a layout designs as agreed; if no agreement is reached, the remuneration amount payable by an owner to an author must be equal to:
a/ Ten percent of the pre-tax profits corresponding to the value contributed by an invention, industrial design or layout design to the product or service or production and business activities in which such invention, industrial design or layout design is utilized, in case the owner uses the invention, industrial design or layout design for production or business purposes;
b/ Fifteen percent of the total amount received by the owner upon each payment for the licensing of an invention, industrial design or a layout design in case the owner licenses an invention, industrial design or a layout-design;”;
c/ To amend and supplement Clause 3, Article 135 as follows:
“3. In case an invention, industrial design or a layout-design is created by co- authors, the remuneration amount specified in Clause 1 of this Article shall be paid to the co-authors. The co-authors shall reach an agreement on the division of the remuneration amount paid by the owner.”;
d/ To amend and supplement Point b, Clause 2, Article 164 as follows:
“b/ Organizations and individuals that fund breeders to breed or discover and develop plant varieties in the form of job assignment or hiring, unless otherwise agreed upon by the parties;”;
dd/ To amend and supplement the first sentence and Point a, Clause 1, Article 191 as follows:
“1. Plant variety protection certificate holders are obliged to pay remunerations to plant variety breeders as agreed upon; if no agreement is reached, the remuneration amount payable to a plant variety breeder must be equal to:
a/ Ten percent of the pre-tax profit amount earned by the plant variety protection certificate holder from the use of protected plant varieties for production and trading of such plant varieties;”
e/ To amend and supplement Clause 3, Article 191 as follows:
“3. In case a plant variety is bred by co-breeders, the remuneration amount specified in Clause 1 of this Article is payable to the co-breeders; and co-breeders shall reach an agreement by themselves on the division of the remuneration amount payable by the plant variety protection certificate holder.”;
g/ To remove the phrase “, Article 86a” in Clause 3, Article 60; Clause 4, Article 65; and Clause 2, Article 71;
h/ To annul 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; and Clause 4, Article 194.
8. To amend and supplement Point e, Clause 1, Article 45 of Housing Law No. 27/2023/QH15, which has a number of articles amended and supplemented under Law No. 43/2024/QH15, Law No. 47/2024/QH15, Law No. 84/2025/QH15, and Law No. 90/2025/QH15, as follows:
“e/ Chief engineers as specified by the law on science, technology and innovation; talented persons who have made important contributions to the country as recognized by competent authorities as specified by relevant regulations;”.
9. To annul Articles 3 thru 9 of Resolution No. 193/2025/QH15 on pilot implementation of a number of special mechanisms and policies to create breakthroughs in the development of science, technology, innovation, and national digital transformation.
Article 72. Effect
1. This Law takes effect on October 1, 2025, except Clause 2 of this Article.
2. Articles 15, 61, 62, 63, 64, 65 and 66 of this Law take effect on July 1, 2025.
3. Law No. 29/2013/QH13 on Science and Tecnology, which has a number of articles amended and supplemented under Law No. 28/2018/QH14 and Law No. 07/2022/QH15 (below refferred to as Law No. 29/2013/QH13 on Science and Technology) ceases to be effective on the effective date of this Law, except 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 the placement of orders for science and technology tasks that have been submitted to competent state agencies but, by October 1, 2025, have not been approved by such agencies for assignment to organizations or individuals to assume the prime responsibility for performing the tasks, the procedures for identifying, selecting, directly assigning, and approving science and technology tasks may continue to comply with Law No. 29/2013/QH13 on Science and Technology and documents detailing and guiding the implementation thereof.
2. For dossiers of registration for the performance of science and technology tasks submitted to the National Foundation for Science and Technology Development before October 1, 2025, the order and procedures for assessing and funding the performance of such science and technology tasks may continue to comply with Law No. 29/2013/QH13 on Science and Technology and documents detailing and guiding the implementation thereof.
3. Science and technology tasks that have been approved by competent agencies for assignment to organizations or individuals to assume the prime responsibility for performing such tasks before October 1, 2025 may continue to comply with Law No. 29/2013/QH13 on Science and Technology, Resolution No. 193/2025/QH15, and documents detailing and guiding the implementation thereof that take effect at the time the tasks are approved.
4. For science and technology tasks funded by the state budget that have been approved by competent agencies for assignment to organizations or individuals to assume the prime responsibility for performing such tasks before October 1, 2025, but for which competent authorities have not yet issued decisions on the handling of assets and equipment provided for the performance of such tasks and the outcomes of such tasks in accordance with the law on management and use of public assets, the handling of assets and equipment provided for the performance of science and technology tasks and the outcomes of such tasks must comply with this Law.
5. The Government shall provide transitional provisions on the operation of the National Technology Innovation Fund.
6. For dossiers of application for certification of science and technology enterprises that have been submitted to competent state agencies before October 1, 2025, the order and procedures for grant of certificates of science and technology enterprises may continue to comply with Law No. 29/2013/QH13 on Science and Technology and documents detailing and guiding the implementation thereof.
7. The provisions on the division of profits from the commercialization of research outcomes of Article 28 of this Law apply to undistributed profits from the commercialization of inventions, industrial designs, layout designs, and plant varieties that are outcomes of scientific research and technological development tasks assigned from January 1, 2023, to before October 1, 2025, for which protection titles have been granted by competent state agencies in charge of intellectual property.
8. Certificates of registration for science and technology activities that are issued by competent agencies before the effective date of this Law remain valid. Upon requests for change, modification of information or re-grant of certificates of registration for science and technology activities, this Law shall be applied.
9. Representative offices and branches of Vietnam-based foreign science and technology organizations that have been issued licenses for establishment of representative offices or branches in Vietnam may continue to operate until the expiration of such licenses.
This Law was passed on June 27, 2025, by the15th National Assembly of the Socialist Republic of Vietnam at its 9th session.-
Chairman of the National Assembly
TRAN THANH MAN
[1] Công Báo Nos 973-974 (25/7/2025)
VIETNAMESE DOCUMENTS
This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here
This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here
ENGLISH DOCUMENTS
This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here
This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here