LAW ON SCIENCE AND

TECHNOLOGY IN VIETNAM

Hanoi, October 2021 1

Introduction to 217 – specialized laws in Viet Nam
Introduction to 217 – specialized laws in Viet Nam
Introduction to 217 – specialized laws in Viet Nam
Introduction to 217 – specialized laws in Viet Nam
Introduction to 217 – specialized laws in Viet Nam
 Sources of law

 Law No. 29/2013/QH13 dated June 18, 2013 on Science and Technology

 Law No. 80/2006/QH11 dated 29 November 2006 on Technology Transfer

 Law No. 21/2008/QH12 dated 13 November 2008 on High Technologies

(consolidated in Consolidation Document No. 13/VBHN-VPQH)

 Other laws and delegated legislations

7
 Law on Science and Technology

 Law No. 29/2013/QH13 passed by the National Assembly on June 18, 2013
 Entered into force on January 1, 2014
 11 chapters, 81 articles
 Superseding the 2000 Law on Science and Technology (Law No. 21/2000/QH10
dated 09 June 2000)
 The Law provides:
◦ science and technology organizations, individuals involved in science and
technology activities;
◦ organization of scientific and technological activities;
◦ measures to ensure science and technology development; and
◦ state management of science and technology.

8
 Law on Science and Technology
Structure:
1. General provisions
2. Scientific and technological organizations
3. Individuals involved in scientific and technological activities, developing human
resource in science and technology
4. Determination, organization of the performance of science and technology tasks
5. Applying scientific research and technology development results, disseminating science
and technology knowledge
6. Investment, financing for the development of science and technology
7. Building infrastructure and developing science and technology market
8. International integration in science and technology
9. State management responsibilities over science and technology
10. Commendation and handling of violations
11. Implementation provisions
9
 Definitions

 Science is the system of knowledge about the nature, the rules of existence and
development of things, natural, social phenomena and thoughts.

 Technology is a solution, process, technical know-how with or without tools and/or

means which are used to turn resources into products.

 Scientific and technological activities include scientific research, research and

development, technological development, technological application, scientific and
technological services, promotion of innovation and other creative activities aimed
at developing science and technology.

1
0
 Definitions

 Scientific research is the activity of discovering, finding, inquiring into the

nature and rules of things and phenomena of the nature, society and thought,
and creating solutions for practical application.

Basic research
 Scientific research
Applied research

Basic research means research activities aimed to discover the nature and laws of natural
objects and phenomena, society and thought.

Applied research means activities of studying and applying scientific research results aimed to
create new technologies or renew technologies that benefit humans and the society.

1
1
 Definitions

 Technological development is an activity which uses the results of basic

research, applied research, through development and pilot production (trial
production), aimed at perfecting existing technologies or creating new ones.

 Scientific and technological services are activities which serve and support
scientific research and technological development; activities related to intellectual
property and technology transfer, standards, technical regulations, metrology, quality
of products, goods, radiation, nuclear and nuclear energy safety; services on
information, consultancy, personnel training and fostering, dissemination and
application of scientific and technological knowledge in socio-economic sectors.

1
2
 Definitions

 Infrastructure serving the development of science and technology is the

physical - technical facilities of scientific technological organizations; the
measurement system, key laboratories; hi-tech zones, agricultural zones applying
high technologies, technology incubators, science and technology business
incubators; science and technology information and statistics infrastructure.

 Innovation is the creation of and application of achievements,

technical/technological solutions and management solutions to improve the
efficiency of socio-economic development, improve productivity, quality, and added
value of products and goods.

1
3
 State policy in science and technology development

 Science and technology development constitutes a primary national policy.

◦ the State prioritizes and focuses national resources and implements preferential
mechanisms and measures for science and technology development.
◦ The State creates conditions for the development of science and technology market
and encourages enterprises to invest in science and technology activities.
◦ Promoting the application of scientific and technological achievements
◦ Investing in science and technology infrastructure development, with focus on key
fields
◦ Promoting international cooperation in science and technology

1
4
 Science and technology organizations

 Science and technology organizations include:

◦ Scientific research institutions, scientific research and technological

development institutions in forms of academies, institutes, centers,
laboratories, research stations, observation stations, experiment stations and other
forms specified by the Minister of Science and Technology;

◦ Higher education establishments specified in the Law on Higher education; and

◦ Science and technology service organizations in forms of centers, offices,

testing offices and other forms specified by the Minister of Science and Technology

15
 Conditions for establishment and registration

 To have organization and operation statutes; objectives and operation orientations conform to
the provisions of law;
 To have scientific and technological personnel and material- technical facilities that meet the
requirements according to objectives, orientations as well as organization and operation
statutes
 Special conditions for science and technology organizations
with foreign capital:
◦ Objectives, content, sector to comply with the laws and scientific
– technological development and socio-economic development requirements of Vietnam
◦ The establishment has to be allowed by the Minister of Science and Technology
◦ The People’s Committee of the province/city allows to establish the headquarter at such
province/city
 Registration with competent authority  certificate of operation in science and
technology

16
 Individuals involved in scientific and technological activities

 Scientific titles:
Research Researcher Principal Senior
assistant researcher researcher

 Higher education titles:

◦ Professor Law on higher education
◦ Associate professor

 Technological titles: regulated by the Government

17
 Developing human resource in
science and technology

 Training

 Privileges for scientists

 Attracting Vietnamese scientists abroad and foreign experts

Science and technology workers who are overseas Vietnamese and foreign experts are encouraged
to participate in scientific and technological activities in Vietnam.

Scientific and technological tasks and scientific and technological service activities must be carried out
under written science and technology contracts.

18
 Scientific and technological tasks

 Scientific and technological tasks are organized in form of programs, subjects,

projects, research tasks in compliance with the scientific organization, and other
forms.

 Scientific and technological tasks financed by the State budget are of national,
ministerial, provincial and local levels, those of national, ministerial, and provincial
levels have to be performed by the mode of assignment.

 All organizations and individuals are encouraged to make scientific and

technological task proposals.

19
 Scientific and technological tasks
financed by the State budget

Determination

Selection / Award

Performance

Assessment, acceptance

Registration of results &

Application

20
 Scientific and technological contracts

 Scientific and technological tasks are performed through written

scientific and technological contracts.

 Types:

◦ Scientific research and technological development contract

◦ Technology transfer contract

◦ Scientific and technological services contract

21
Types of science and technology contracts

• Scientific research and technological development contracts;

• Technology transfer contracts;

• Scientific and technological service contracts.

 Financing the development of science and
technology

 State investment

 Investments from enterprises, organizations and

individuals
◦ Privileges in terms of taxation, credit, etc.
◦ Scientific and technological enterprises

23
 Financing the development of science and technology

 Foundations for science and technology development

◦ National Foundation for Science and Technology Development

(NAFOSTED): http://www.nafosted.gov.vn/en

24
 State budget for science and technology

The State earmarks 2% or more of the total annual state budget

expenditures for science and technology and gradually increase this rate to

meet requirements of science and technology development.

Law on High technologies

This Law provides for hi-tech activities and policies and measures to encourage and
promote hi-tech activities

 6 chapters, 35 articles

 Consolidated with new provisions in the new Law on

Investment (Law No. 67/2014/QH13)

26
Law on High technologies

 Developing hi-tech industry

 Developing hi-tech agriculture
 Delivering hi-tech products
 Hi-tech enterprises

27
 Infrastructure for hi-tech activities

 Developing hi-tech infrastructure and infrastructure in service of high technologies

 Hi-tech parks / hi-tech zones

 Agricultural zones applying hi- technologies

28
 Law on High technologies
 High technology means a technology which has a high scientific research and technological
development content; is integrated from modern scientific and technological achievements; can turn
out environmentally friendly products of superior quality and utilities and high added value; and plays
an important role in the formation of a new production or service industry or the modernization of an
existing production or service industry.

 Hi-tech activities means hi-tech research, development, seeking, transfer and application; hi-tech
human resource training; hi-tech incubation or hi-tech enterprise incubation; hi-tech production and
hi-tech service provision; and hi-tech industrial development activities.

 Hi-tech product means a product turned out with high technology, which is environmentally friendly
and has superior quality and utilities and high added value.

 Hi-tech enterprise means an enterprise turning out hi-tech products, providing hi-tech services and
conducting hi-tech research and development activities.

29
 Hi-tech incubation means a process of creating, improving and commercializing a high
technology from technological ideas, scientific research results or an unimproved high
technology through supporting necessary technical infrastructure, resources and
services.

 Hi-tech enterprise incubation means a process of forming and developing a hi-tech

enterprise through supporting necessary technical infrastructure, resources and services.
 Hi-tech incubator or hi-tech enterprise incubator means a facility providing favorable
conditions in necessary technical infrastructure, resources and services for hi-tech
incubation or hi-tech enterprise incubation.

 Hi-tech human resources means a contingent of qualified and skilled persons meeting the
requirements of hi-tech research, development and application activities, hi-tech services,
management of hi-tech activities, and operation of hi-tech production equipment and lines.

30
 Law on High technologies

Informa-
tion
techno-
logy

Automa-
tion
List of Biotech-
techno- nology
logy hitechs

New
materials
technolo
gy

Amended by the Prime Minister upon proposal of the MoST

and related ministries

31
 Law on Technology Transfer

 Law No. 80/2006/QH11 on Technology Transfer

 Be of full force and effect as from 1st July 2007

 See also Law on Intellectual Property (Law No. 50/2005/QH11)

32
 Definitions
 Technology transfer means transfer to a transferee of the ownership right or the
right to use either a part or the whole of a technology by the party with the
right to transfer such technology.

 Technology transfer in Vietnam means transfer of a technology between

entities operating within the territory of Vietnam.

 Technology transfer activities comprise both technology transfer and technology

transfer services (support activities during the process of seeking, entering into
and performing technology transfer contracts).

33
 Law on Technology Transfer

 Governing scope:

◦ Technology transfer activities in Vietnam, from Vietnam to overseas, and from

overseas to Vietnam; the rights and obligations of entities participating in
technology transfer activities; the authority of State administrative bodies; and
measures for encouragement and promotion of technology transfer activities.

◦ Vietnamese entities, Vietnamese residing overseas, and foreign entities

participating in technology transfer activities.

34
 Law on Technology Transfer

 State management over technology transfer activities

 Technologies
◦ That are encouraged to be transferred
◦ That are limited to be transferred
◦ That are prohibited to be transferred
 Forms of technology transfer

35
 Law on Technology Transfer

 Incentives for encouraging and promoting technology transfer:

◦ Development of the technology market
◦ To encourage technology transfer to rural, mountainous areas, areas with difficult
socio- economic conditions
◦ Program for national technological renovation
◦ Provisions related to State funded scientific and technological development research
◦ Policies in order to promote technology transfer activities:
 Taxes: import duty exemption; Value added tax exemption; Corporate income tax
exemption
 Favourable conditions for visa, residence and travel for foreigners

36