Law on Science and Technology No. 21/2000/QH10 stipulates the organization and operation of science and technology, rights and obligations of individuals and organizations, as well as measures to ensure the development of this field. The Law applies to the State, organizations, and individuals operating in the field of science and technology.
적용 범위
The State, scientific and technological organizations, universities, scientific and technological service organizations, and individuals engaged in science and technology activities.
핵심 사항
- The State builds policies for the development of science and technology, invests budget funds, trains human resources, and values talent.
- Scientific and technological organizations have the right to operate autonomously, bear responsibility for their activities, register scientific and technological contracts, and transfer research results.
- Individuals engaged in science and technology activities have the right to innovate, protect intellectual property rights, and publish research results.
- The State encourages the application of research results in production and daily life, the development of high technology, and the technology market.
- Investment in science and technology is prioritized in the state budget, and businesses can also invest.
- Violations of laws on science and technology will be subject to disciplinary action, administrative fines, or criminal prosecution.
🌐 이 문서의 사회적 영향
- Positive impact: Creates opportunities for individuals and organizations to develop science and technology, enhancing management and production capabilities.
- Negative impact: May impose financial burdens on businesses when investing in research and development.
- Benefit: Enhances the competitiveness of businesses through the application of new technologies.
- Challenge: Requires financial resources and high-quality human resources to implement scientific and technological projects.
❓ 자주 묻는 질문
What policies does the State have to develop science and technology?
The State develops strategies and plans for the development of science and technology; invests budget funds in basic and applied research; trains human resources, and values talent in science and technology.
Do individuals engaged in science and technology activities have protection for intellectual property rights?
Yes, individuals have the right to protect intellectual property rights for their research results according to the provisions of the law.
How does the State encourage the application of new technology in production?
The State creates favorable conditions, applies tax and credit incentives for businesses applying new technology.
How will violations of laws on science and technology be handled?
Violators will be subject to disciplinary action, administrative fines, or criminal prosecution depending on the nature and severity of the violation.
Does the State provide financial support for businesses investing in research and development of technology?
Yes, the State encourages organizations and individuals to invest in science and technology through science and technology development funds.
전문
LAW
SCIENCE AND TECHNOLOGY
Science and technology are top national policies, playing a crucial role in the cause of building and defending the country, serving as the foundation and driving force for industrialization, modernization, rapid and sustainable development of the nation;
To develop science and technology, enhance the effectiveness of activities and strengthen state management over science and technology, ensuring the rights and legitimate interests of organizations and individuals in scientific and technological activities,
Based on the Constitution of the Socialist Republic of Vietnam in 1992,
This Law stipulates the organization and operation of science and technology;
PART I
GENERAL PROVISIONS
Article 1. Scope of application
This Law stipulates the organization of science and technology, the activities of individuals engaged in science and technology; the implementation of scientific and technological activities;
Article 2. Definitions
In this Law, the following terms shall be understood as follows:
1. Science is a system of knowledge about phenomena, objects, and laws of nature, society, and thought;
2. Technology is a collection of methods, procedures, skills, secrets, tools, and means used to transform resources into products;
3. Scientific and technological activities include scientific research, research and development of technology, scientific and technological services, activities to promote innovations, improve techniques, rationalize production, and other activities aimed at developing science and technology;
4. Scientific research is an activity to discover and understand natural, social, and mental phenomena; to create solutions for practical application. Scientific research includes basic research and applied research;
5. Technological development is an activity aimed at creating and perfecting new technologies and products. Technological development includes experimental deployment and pilot production;
6. Experimental deployment is an activity applying the results of scientific research to conduct experiments to create new technologies and products;
7. Pilot production is an activity applying the results of experimental deployment to produce on a small scale to perfect new technologies and products before mass production and use;
8. Scientific and technological services are activities serving scientific research and technological development; activities related to intellectual property, technology transfer; information, consulting, training, capacity building, dissemination, and application of scientific and technological knowledge and practical experience;
Article 3. Objectives of scientific and technological activities
The objectives of scientific and technological activities are to build an advanced and modern scientific and technological foundation to develop productive forces, improve management levels; to use natural resources rationally, protect the environment; to accelerate industrialization and modernization; to build a progressive culture with strong national characteristics; to build a new Vietnamese person; to contribute to rapid and sustainable economic and social development, improve the quality of life for the people, and ensure national defense and security;
Article 4. Tasks of scientific and technological activities
Scientific and technological activities have the following tasks:
1. Creatively apply and develop Marxist-Leninist theory and Ho Chi Minh's thoughts; build theories about socialism and the path to socialism in Vietnam; establish scientific grounds for formulating policies and laws on economic and social development, ensuring national defense and security; contribute to building a modern education system, building a new Vietnamese person; inherit and promote traditional cultural values, absorb the finest elements of world culture, and contribute to the world's cultural and scientific treasury;
2. Enhance scientific and technological capabilities to master advanced technologies, high-tech, and advanced management methods; to use natural resources rationally, protect the environment, and safeguard public health; to timely forecast, prevent, mitigate, and overcome the consequences of natural disasters;
3. Absorb achievements of world science and technology to create and effectively apply new technologies; to produce new competitive products; to develop Vietnam's scientific and technological foundation to reach advanced regional levels and approach world standards, providing a solid basis for the development of modern industries; to promote the dissemination and application of scientific and technological achievements in production and daily life;
Article 5. Principles of scientific and technological activities
In scientific and technological activities, the following principles must be ensured:
1. Scientific and technological activities must serve the task of economic and social development, ensuring national defense and security;
2. Build and promote internal capacity in science and technology while selectively absorbing achievements of world science and technology, suitable to Vietnam's reality;
3. Closely combine natural sciences, engineering sciences, and technology with social and human sciences; link scientific research and technological development with education and training, production activities, business operations, and technology market development;
4. Promote the creative labor potential of all organizations and individuals;
5. Be honest, objective, uphold professional ethics, encourage free creativity, democracy, autonomy, and accountability;
Article 6. State responsibilities for scientific and technological activities
1. The State shall formulate and implement the following policies and measures to develop science and technology:
a) Ensuring that science and technology are the basis and an important component in the formulation and implementation of strategies, plans, programs, and projects for economic and social development, ensuring national defense and security;
b) Investing in building and developing internal capacity, training human resources, nurturing and valuing talent in science and technology; promoting international cooperation, encouraging all organizations and individuals to invest in developing science and technology; using all scientific and technological resources effectively;
c) Ensuring stable and continuous development for basic research in various fields of science, especially some specific fields of Vietnamese science; intensifying applied research in various fields of science and technology, focusing on technological development, particularly high-tech and significant technologies.
d) Promote the application of scientific and technological research results; develop scientific and technological services; build and develop technology markets; encourage activities to promote initiatives, technical improvements, production rationalization, dissemination of scientific and technological knowledge and practical experience; create favorable conditions for scientific and technological associations to fulfill their responsibilities effectively.
đ) Encourage scientific research and technological development activities, popularize and apply scientific and technological achievements, strengthen scientific and technological human resources and transfer technology to grassroots levels, with emphasis on areas with difficult socio-economic conditions and particularly difficult socio-economic conditions.
2. Based on the specific characteristics of each field of science and technology, the Government shall specify the implementation of the provisions of this Law for social sciences and humanities, natural sciences, engineering and technology to ensure the synchronous development of all fields of science and technology.
Article 7. Responsibilities of organizations and individuals towards scientific and technological activities
1. All organizations and individuals have the responsibility to participate in developing the scientific and technological cause; disseminate knowledge, improve public awareness, train human resources, nurture talents in science and technology; promote initiatives, technical improvements, production rationalization; apply scientific and technological achievements to economic and social development, ensuring national defense and security.
2. Scientific and technological associations have the responsibility to organize and mobilize members to participate in consulting, critical review, social appraisal, and conduct scientific and technological activities.
Article 8. Prohibited acts in scientific and technological activities
Strictly prohibit the following acts:
1. Exploiting scientific and technological activities to distort, oppose the policies of the Communist Party of Vietnam and the laws of the Socialist Republic of Vietnam; undermining the unity of the people.
2. Exploiting scientific and technological activities to infringe upon the interests of the State, the rights and legitimate interests of organizations and individuals; causing damage to natural resources, the environment, and human health; contravening ethics and traditional customs of the nation.
3. Infringing intellectual property rights; appropriating, transferring, or transferring illegally scientific and technological results; disclosing classified information on scientific and technological results; deceiving or falsifying in scientific and technological activities.
4. Obstructing lawful scientific and technological activities of organizations and individuals.
Chapter II
SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS,
INDIVIDUALS ENGAGED IN SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES
Section 1. SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS
Article 9. Scientific and technological organizations
1. Scientific and technological organizations include:
a) Research institutes, research institutes and technological development organizations (hereinafter referred to collectively as research and development organizations);
b) Universities, academies, colleges (hereinafter referred to collectively as universities);
c) Scientific and technological service organizations.
2. Based on the tasks of economic and social development, ensuring national defense and security, and the plan for scientific and technological development during each period, the Government shall plan the system of scientific and technological organizations nationwide to ensure the synchronous development of all fields of science and technology and effectively implement scientific and technological activities.
Article 10. Research and Development Organizations
1. Research and development organizations are organized in the following forms: research and development institute, research and development center, laboratory, research station, monitoring station, testing station, and other research and development facilities.
2. Based on objectives, organizational scale, and scope of operation, research and development organizations are classified into:
a) National-level research and development organizations;
b) Ministry-level research and development organizations, research and development organizations of agencies equivalent to ministries, and research and development organizations of government agencies (hereinafter referred to collectively as ministry-level research and development organizations); provincial-level research and development organizations of provinces and centrally-administered cities (hereinafter referred to collectively as provincial-level research and development organizations); research and development organizations of other state agencies, political organizations, and political-social organizations at the central level;
c) Grassroots-level research and development organizations.
3. The authority to establish research and development organizations is as follows:
a) National-level research and development organizations are established by the Government's decision;
b) Ministry-level and provincial-level research and development organizations are established by the Prime Minister's decision or delegated authority to establish them; research and development organizations of other state agencies, political organizations, and political-social organizations at the central level are established by those agencies and organizations;
c) Grassroots-level research and development organizations are established and operate according to the law.
The authority to establish an organization has the authority to decide on the merger, division, separation, dissolution, and suspension of operations of research and development organizations as stipulated in this clause.
Article 11. Tasks of research and development organizations
1. National-level research and development organizations mainly undertake priority and key scientific and technological tasks of the State to provide scientific basis for formulating policies and laws; create new scientific and technological results that are important for economic and social development and ensuring national defense and security; train human resources and nurture talents in science and technology.
2. Ministry-level and provincial-level research and development organizations mainly undertake scientific and technological tasks serving the economic and social development goals of sectors and localities; train human resources and nurture talents in science and technology.
3. Research and development organizations of other state agencies at the central level as specified in point b, Clause 2, Article 10 of this Law mainly carry out scientific and technological activities according to their functions, tasks, and powers; research and development organizations of central-level political organizations and political-social organizations mainly carry out scientific and technological activities according to their goals and charters.
4. Basic research and development organizations mainly carry out scientific and technological activities according to the goals and tasks determined by the founding organization or individual.
Article 12. Scientific and technological tasks of universities
1. Universities have the responsibility to conduct scientific research and technological development, combining education with scientific research and production, as well as science and technology services, in accordance with this Law, the Education Law, and other relevant laws.
2. Universities shall undertake basic research tasks, priority and key national scientific and technological tasks, and educational scientific research.
Article 13. Scientific and technological service tasks of organizations
Scientific and technological service organizations have the responsibility to carry out activities serving scientific research and technological development; activities related to intellectual property rights, technology transfer; information, consulting, training, capacity building, dissemination, and application of scientific and technological knowledge and practical experience services.
Article 14. Conditions for establishment and registration of scientific and technological organizations
Research and development organizations and scientific and technological service organizations are established when they meet the following conditions:
1. Objectives and directions of operation in compliance with legal provisions;
2. Charter of organization and operation;
3. Scientific and technological human resources and material and technical infrastructure meeting the requirements according to objectives, directions, and the Charter of organization and operation.
Research and development organizations and scientific and technological service organizations must register their operations with competent state authorities in accordance with the law.
Article 15. Rights of scientific and technological organizations
Scientific and technological organizations have the following rights:
1. Independence and accountability in conducting registered scientific and technological activities; signing scientific and technological contracts; training human resources and nurturing talents in scientific and technological fields; registering to participate in the selection to implement scientific and technological tasks;
2. Establishing research and development organizations, scientific and technological service organizations, and affiliated enterprises in accordance with this Law and other relevant laws;
3. Cooperating, joint venturing, receiving sponsorship from organizations and individuals; contributing capital in the form of money, assets, and intellectual property value to conduct scientific and technological activities and production and business activities in accordance with the law;
4. Being protected under intellectual property rights; transferring and assigning results of scientific and technological activities in accordance with the law;
5. Publishing results of scientific and technological activities in accordance with the Press Law, the Publishing Law, and other relevant laws;
6. Other rights as prescribed by law
Article 16. Obligations of scientific and technological organizations
Scientific and technological organizations have the following obligations:
1. Fulfilling signed scientific and technological contracts, scientific and technological tasks assigned by authorized agencies and organizations; effectively utilizing investment funds for scientific and technological development and transferring research results that use state budget funds;
2. Contributing to building and developing the country's scientific and technological potential;
3. Protecting the interests of the State and society, lawful rights and interests of individuals engaged in scientific and technological activities within their organization; keeping scientific and technological secrets in accordance with the law;
4. Implementing democracy, equality, and transparency in the allocation and implementation of scientific and technological tasks.
5. Other obligations as prescribed by law.
Section 2. RIGHTS AND OBLIGATIONS OF INDIVIDUALS
SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES
Article 17. Rights of individuals engaged in scientific and technological activities
Individuals engaged in scientific and technological activities have the following rights:
1. To conduct scientific and technological activities independently or in collaboration with organizations and individuals; to conclude scientific and technological contracts; to establish scientific and technological organizations in certain fields as prescribed by the Government; to register for selection to undertake scientific and technological tasks;
2. To be protected in their intellectual property rights; to enjoy equality and freedom of creativity in scientific and technological activities; to transfer and assign results of scientific and technological activities in accordance with the provisions of the law;
3. To publish results of scientific and technological activities in accordance with the Law on Press, the Law on Publishing, and other relevant legal provisions;
4. To participate in scientific and technological organizations, scientific and technological associations; to engage in training, consulting, and scientific and technological conferences; to contribute capital, assets, and intellectual property value to scientific and technological activities, production, and business; to receive sponsorship for scientific and technological activities in accordance with the provisions of the law;
5. To propose opinions on the construction of policies, laws, national economic and social development plans to competent authorities; to plan the development of scientific and technological organizations they are members of and to supervise implementation;
6. Other rights as prescribed by law.
Article 18. Obligations of individuals engaged in scientific and technological activities
Individuals engaged in scientific and technological activities have the following obligations:
1. To contribute their intellect and talent to the cause of developing science and technology, economic and social development, ensuring national defense and security;
2. To fulfill scientific and technological contracts already concluded, scientific and technological tasks assigned by competent agencies and organizations; to transfer research results and technological development outcomes using state budget funds in accordance with the provisions of competent state agencies;
3. To keep scientific and technological secrets in accordance with the provisions of the law; to protect the interests of the State and society;
4. Other obligations as prescribed by the law.
Chapter III
SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES
Section 1. IMPLEMENTATION OF TASKS
SCIENCE AND TECHNOLOGY
Article 19. Determination of scientific and technological tasks and methods of implementation
1. Based on the national strategy and plans for economic and social development, ensuring national defense and security, the Government determines the goals, decides on plans for scientific and technological development, priority directions, and main scientific and technological tasks.
2. Ministries, ministerial-level agencies, and government agencies base on the goals, plans for scientific and technological development, and the division of labor by the Government to determine scientific and technological tasks serving the development objectives of their sectors and fields.
3. Provincial People's Committees and municipal people's committees under the central government base on the goals, plans for scientific and technological development, the delegation of authority by the Government, and local economic and social development plans to determine scientific and technological tasks serving the economic and social development objectives of their regions.
4. In addition to the agencies and organizations specified in Clauses 1, 2, and 3 of this Article, other agencies and organizations base on the goals, plans for scientific and technological development of the Government, and practical requirements to determine their own scientific and technological tasks.
5. The scientific and technological tasks specified in Clauses 1, 2, 3, and 4 of this Article must be determined based on the advisory opinions of the Scientific and Technological Council. The Scientific and Technological Council is established, tasked, and authorized by the heads of agencies and organizations at all levels. The council consists of scientists, reputable managers with appropriate qualifications for the tasks. The council is responsible for its advisory opinions.
6. Scientific and technological tasks utilizing state budgets are organized in the form of programs, topics, projects, and other forms; they are implemented through competitive selection, direct assignment, and funding by the Science and Technology Development Fund as prescribed by the Government.
Article 20. Selection of organizations and individuals to undertake scientific and technological tasks
1. National management agencies for science and technology at all levels must publicly announce on mass media the list of scientific and technological tasks to be carried out through competitive selection, ensuring that all organizations and individuals have the opportunity to register and participate in the selection process.
2. The selection process must ensure transparency, fairness, democracy, and objectivity; the results of the selection must be publicly announced.
3. Heads of national management agencies for science and technology at all levels establish a Selection Council for organizations and individuals to undertake scientific and technological tasks and define the duties and powers of the council. The council advises and is responsible for its advisory opinions. Council members must have the ability, integrity, and professional qualifications suitable for the scientific and technological tasks.
Article 21. Directly assigned scientific and technological tasks
National management agencies for science and technology select organizations and individuals with the necessary capabilities, qualities, conditions, and professional qualifications to directly undertake special scientific and technological tasks and are responsible for the assignment of these tasks.
Article 22. Scientific and technological tasks funded by the Science and Technology Development Fund
Organizations and individuals have the right to propose scientific and technological tasks for the Science and Technology Development Fund to consider funding for their implementation. The funding consideration is conducted according to the Charter of the Science and Technology Development Fund.
Article 23. Scientific and technological contracts
1. Scientific and technological tasks and scientific and technological service activities are carried out through scientific and technological contracts.
2. Types of scientific and technological contracts include:
a) Research and development contracts;
b) Technology transfer contracts;
c) Scientific and technological service contracts.
3. Based on the provisions of the Contract Law, the Government specifies in detail the types of contracts stipulated in Clause 2 of this Article.
Article 24. Evaluation and acceptance of the results of scientific and technological tasks
1\. The evaluation and acceptance of the results of scientific and technological tasks must be based on the content of the scientific and technological contract, ensuring objectivity and accuracy based on the advisory opinions of the specialized Scientific and Technological Council established by the heads of state management agencies at all levels for science and technology, which define the tasks and authorities. The members of the specialized Scientific and Technological Council include experts with the appropriate capacity and expertise relevant to the task. The Council is responsible for the results of its evaluation and acceptance.
2\. Research results and technological development outcomes that, although not funded by the state budget, have wide-ranging applications throughout the country, in a particular industry, locality, or affect national interests, defense, security, environment, health, and people's livelihoods must also be subject to review by the competent state management agency for science and technology before application.
Article 25. Registration, donation, gift, and preservation of research results and technological development outcomes
1\. Research results and technological development outcomes funded by the state budget must be registered with the competent state authority and must be preserved at the state archive.
2\. Research results and technological development outcomes not funded by the state budget may be registered or donated/gifted to the competent state authority and preserved at the state archive.
Article 26. Ownership rights and authorship rights over research results and technological development outcomes
1\. Organizations and individuals who invest in the implementation of scientific and technological tasks are the owners of the research results and technological development outcomes; organizations and individuals directly implementing scientific and technological works are the authors of those works, except where the parties have agreed otherwise in the scientific and technological contract.
2\. The competent state management agency for science and technology decides on the use, transfer, and assignment of research results and technological development outcomes funded by the state budget.
3\. Owners of research results and technological development outcomes not funded by the state budget may use, transfer, and assign those outcomes according to the provisions of the law.
4\. Authors of scientific and technological works enjoy rights as provided for in this Law and other legal provisions.
Section 2. APPLICATION OF RESEARCH RESULTS
AND TECHNOLOGY DEVELOPMENT
Article 27. Encouragement of the application of research results and technological development outcomes
1\. The State has policies and measures to encourage all organizations and individuals to actively apply research results and technological development outcomes to promote economic and social development, ensure national defense and security, and improve the material and spiritual life of the people.
2\. Organizations and individuals applying research results and technological development outcomes to innovate economic and social management, modernize technology, and enhance product competitiveness are entitled to tax benefits, credit facilities, and other incentives.
3\. Political organizations, political-social organizations, social organizations, and occupational associations, within their functions and responsibilities, mobilize their members to apply research results and technological development outcomes, promote innovations, and improve techniques and production rationalization.
4\. The State creates conditions for scientific and technological organizations and individuals engaged in scientific and technological activities to transfer research results and technological development outcomes for widespread application in production and daily life.
5\. Owners, authors, and successful users of research results and technological development outcomes benefit from the application of these results in production and daily life according to the scientific and technological contract and legal provisions.
Article 28. Application of research results and technological development outcomes to reform policies and mechanisms for economic and social management
The State has policies to promote the application of research results and technological development outcomes in building models and solutions for the process of industrialization and modernization of the country; to innovate and perfect mechanisms for economic and social management at all levels and sectors; to build a progressive culture with distinct national characteristics and new Vietnamese citizens.
Article 29. Application of research results and technological development outcomes in enterprises
The State encourages enterprises to intensify the application of research results and technological development outcomes, particularly the application of technologies developed domestically. Enterprises applying domestically developed technologies are entitled to incentives as prescribed by the Government.
Article 30. Application of research results and technological development outcomes in agriculture and rural development
1\. The Government has preferential policies and measures to promote the widespread application of scientific and technological achievements to accelerate the industrialization and modernization of agriculture and rural development, focusing on areas with difficult socio-economic conditions and extremely difficult socio-economic conditions.
2\. People's Committees at all levels are responsible for creating favorable conditions for organizations and individuals to transfer technology, organize the widespread application of scientific and technological achievements in agriculture and rural development, and provide appropriate scientific and technological services based on farmers' needs and conditions.
Article 31. Investment projects and economic and social development programs
The establishment and implementation of investment projects and economic and social development programs must be based on scientific grounds, include necessary research and technological development components, and be reviewed scientifically and technologically according to the Government's regulations.
Article 32. High-tech development
1\. The State has policies to develop high-tech, focus investments, and intensify international cooperation in researching and developing high-tech; establish some high-tech zones to enhance technological capabilities and develop high-tech industries in the country.
2. Scientific and technological organizations, high-tech enterprises applying advanced technology and producing high-tech products shall enjoy special tax incentives, credit facilities, and other benefits.
Article 33. Building and developing the technology market
The State shall implement the following policies and measures to build and develop the technology market:
1. Encourage all activities of transferring and transferring technology on a voluntary, equal, and mutually beneficial basis;
2. Improve policies and laws on intellectual property rights and technology transfer;
3. Apply preferential policies for products that are in the trial production phase using new technologies; products made from new technologies first applied in Vietnam; scientific and technological consulting activities; importation and exportation of high-tech equipment;
4. Implement reward systems for collectives and individuals who have inventions, initiatives, technical improvements, production rationalization, and the application of newly transferred technologies;
5. Scientific and technological organizations may establish service organizations and affiliated enterprises; cooperate and form joint ventures with organizations and individuals to carry out technology transfer activities.
Chapter IV
MEASURES TO ENSURE THE DEVELOPMENT OF SCIENCE AND TECHNOLOGY
Article 34. Training human resources and nurturing talents in science and technology
1. Annually, the State allocates a budget for training and retraining human resources in science and technology both domestically and internationally; focusing on training and nurturing talents, highly qualified personnel, and skilled technicians.
2. Organizations and individuals are provided conditions to self-train, participate in training human resources and nurturing talents in science and technology, send or grant scholarships to Vietnamese citizens for studying and improving their expertise both domestically and internationally as prescribed by the Government.
Article 35. Utilizing human resources in science and technology
1. The State values talents, creates favorable conditions for them to innovate and contribute; implements policies and measures to attract talents to priority and key national science and technology tasks; encourages policies in training and utilizing female human resources in science and technology activities; builds strong scientific and technological teams reaching regional and international levels, with corresponding rewards and special benefits for individuals with outstanding scientific and technological works, making significant contributions to the country.
2. Organizations and individuals utilizing human resources in science and technology are responsible for assigning and using their capabilities and strengths appropriately, creating favorable conditions for them to utilize their professional skills in carrying out science and technology tasks.
3. The State has reasonable policies regarding salaries, working conditions, and housing for individuals engaged in science and technology activities.
4. The Government and People's Committees at all levels are responsible for building and implementing preferential policies for individuals engaged in science and technology activities at the grassroots level, focusing on areas with difficult socio-economic conditions and extremely difficult socio-economic conditions.
Article 36. Scientific positions
1. Scientific positions are implemented uniformly nationwide, including research assistant, researcher, senior researcher, and distinguished researcher. Individuals engaged in science and technology activities participating in university teaching and postgraduate education are eligible for appointment as professor or associate professor according to the provisions of the Education Law.
2. Those holding a doctorate degree or having outstanding scientific and technological research works or winning high awards in science and technology shall be prioritized in the consideration and appointment to higher scientific positions.
The Government shall specify detailed standards and procedures for the consideration and appointment of scientific positions.
Article 37. Investment in the development of science and technology
1. Investment in science and technology is developmental investment. The State gives top priority to allocating the science and technology budget, ensuring that the proportion of state budget expenditure on science and technology increases gradually relative to the total state budget expenditure in accordance with the requirements of science and technology development.
2. Financial agencies are responsible for timely and appropriate disbursement of science and technology funds in accordance with the progress of the science and technology plan. Agencies managing state affairs in science and technology are responsible for effectively managing and utilizing the state budget allocated for science and technology.
3. The state budget for investment in science and technology shall be used for the following purposes:
a) Implementing priority and key science and technology tasks, science and technology tasks serving the common interests of society;
b) Conducting directed basic research in various fields of science;
c) Maintaining and developing scientific and technological potential;
d) Providing funding to state science and technology development funds as stipulated in Article 39 and Article 40 of this Law;
đ) Building material and technical infrastructure for state research and development organizations;
e) Assisting enterprises in conducting applied research and developing technology in priority and key areas.
4. The State encourages organizations and individuals to invest in science and technology.
Article 38. Enterprises investing in the development of science and technology
1. Enterprises may allocate part of their capital for investment in the development of science and technology to innovate technology and enhance product competitiveness. Enterprise investment in the development of science and technology is included in the cost of products.
2. Enterprises may establish a fund for the development of science and technology to proactively invest in the development of science and technology.
3. Enterprises investing in researching issues of science and technology in priority and key areas of the State shall be considered for partial funding of research costs.
Article 39. National Fund for Science and Technology Development
1. The Government establishes a National Fund for Science and Technology Development to be used for the following purposes:
a) Supporting the implementation of basic research;
b) Supporting urgent and newly emerging science and technology tasks of significant scientific and practical importance; science and technology tasks with promising prospects but with risk factors.
c) Provide loans at low interest rates or without interest to implement the application of scientific research results and technological development in production and daily life.
2. The National Science and Technology Development Fund shall be formed from the following sources:
a) Initial capital granted once, supplemented annually from the state budget allocated for science and technology development;
b) Voluntary contributions, donations, and gifts from organizations and individuals;
c) Other sources.
3. The Charter of organization and operation of the National Science and Technology Development Fund shall be prescribed by the Government.
Article 40. Science and Technology Development Funds of Ministries, provincial-level cities directly under the Central Government
1. Ministries, agencies equivalent to ministries, government agencies, People's Committees of provincial-level cities directly under the Central Government shall establish Science and Technology Development Funds to serve their science and technology development needs.
2. The Science and Technology Development Funds established pursuant to Clause 1 of this Article shall be formed from the following sources:
a) Initial capital granted once from the state budget allocated for science and technology development of Ministries, provincial-level cities directly under the Central Government; annual supplementary capital from the results of science and technology activities;
b) Voluntary contributions, donations, and gifts from organizations and individuals;
c) Other sources.
3. The issuance of the Charter of organization and operation of the Fund established pursuant to Clause 1 of this Article shall be prescribed by the Government.
Article 41. Science and Technology Development Funds of Organizations and Individuals
1. The State encourages organizations and individuals to establish Science and Technology Development Funds in accordance with the provisions of the law. A Science and Technology Development Fund is a non-profit organization that provides grants, loans at low interest rates or without interest to support organizations and individuals engaged in science and technology activities.
2. The Science and Technology Development Funds of organizations and individuals shall be formed from the following sources:
a) Capital contributed by founding organizations and individuals not originating from the state budget;
b) Voluntary contributions, donations, and gifts from organizations and individuals;
c) Other sources.
3. The Charter of organization and operation of the Fund established pursuant to Clause 1 of this Article shall be prescribed by the founding organizations and individuals and must be registered with the competent state management agency.
Article 42. Tax Policy for Scientific Research and Technological Development Activities
1. Income from the implementation of scientific research and technological development contracts shall not be subject to corporate income tax.
2. Machinery, equipment, spare parts, materials, domestic transportation means not yet produced domestically; technology not yet created domestically; imported documents, books for direct use in scientific research and technological development shall not be subject to import tax and value-added tax.
3. Products in the trial production phase; products made using new technology applied for the first time in Vietnam; scientific and technological consulting activities; transfer of technology, high-tech equipment imports; export of technology shall enjoy tax incentives according to the provisions of the law.
4. Enterprises implementing innovation and upgrading technological levels shall enjoy tax incentives according to the provisions of the law.
Article 43. Credit Policy for Scientific Research and Technological Development Activities
1. Organizations and individuals borrowing medium-term and long-term capital to conduct scientific research and technological development activities shall enjoy preferential interest rates and conditions.
2. Programs, topics, projects of scientific research and technological development requiring large capital shall be prioritized for consideration to use Official Development Assistance (ODA) funds.
The Government shall specify the specific credit incentives for scientific research and technological development activities.
Article 44. Material and Technical Bases for Scientific Research and Technological Development
The Government shall have plans to mobilize various sources of capital to invest in building material and technical bases of important scientific and technological organizations; encourage organizations and individuals to invest in building material and technical bases serving scientific research and technological development; invest in constructing key laboratories meeting regional and international standards in priority and key fields of science and technology; issue Regulations on the use of key laboratories to attract scientists to work there.
Article 45. Scientific and Technological Information
The Government shall invest in building a modern national scientific and technological information system ensuring comprehensive, accurate, and timely information about significant achievements in various fields of science and technology both domestically and internationally; issue Regulations on the management of scientific and technological information; publish annually the list and results of the implementation of scientific and technological tasks in the country.
Chapter V
INTERNATIONAL COOPERATION IN SCIENCE AND TECHNOLOGY
Article 46. International Cooperation in Scientific Research and Technological Development
1. The State shall expand international exchanges and cooperation in scientific research and technological development; create favorable conditions for Vietnamese organizations and individuals to cooperate in scientific research and technological development with foreign organizations and individuals, international organizations, and seek assistance from countries and international organizations based on the principles of respecting national independence and sovereignty, equality, and mutual benefit.
2. The State shall have policies to attract overseas Vietnamese intellectuals and world-class experts to participate in developing Vietnam's science and technology.
Article 47. Encouraging International Cooperation in Scientific Research and Technological Development
1. Vietnamese scientific and technological organizations and individuals engaged in scientific research and technological development may receive funding, join international scientific and technological organizations, scientific associations, participate in research, training, consulting, and scientific conferences organized by international organizations and foreign organizations and individuals; collaborate to implement Vietnam's scientific and technological tasks abroad.
2. Overseas Vietnamese, international organizations, and foreign organizations and individuals may establish Science and Technology Development Funds in Vietnam in accordance with the Government's regulations; contribute to building Science and Technology Development Funds of Vietnam as stipulated in Articles 39, 40, and 41 of this Law.
3. Overseas Vietnamese, international organizations, and foreign organizations and individuals cooperating in the development of science and technology in Vietnam shall be encouraged and protected by the State in terms of legitimate rights and interests.
The Government shall specify the implementation of this provision.
Article 48. Scientific and Technological Organizations with Foreign Capital
1. Overseas Vietnamese individuals, international organizations, foreign organizations, and foreign individuals establishing or cooperating with Vietnamese organizations to establish scientific and technological organizations in Vietnam shall enjoy tax incentives, land use rights, and other benefits as prescribed by law.
2. The State shall have policies and measures to effectively utilize foreign loans and aid for the development of science and technology.
The Government shall specify in detail the organization and operation of scientific and technological organizations as prescribed in this Article.
Chapter VI
STATE MANAGEMENT OF SCIENCE AND TECHNOLOGY
Article 49. Contents of state management over science and technology
Contents of state management over science and technology include:
1. Developing and directing the implementation of strategies, policies, planning, plans, tasks related to science and technology;
2. Issuing and organizing the implementation of legal normative documents on science and technology;
3. Organizing the administrative apparatus for science and technology management;
4. Organizing and guiding the registration of activities of scientific and technological organizations, Science and Technology Development Funds;
5. Protecting intellectual property rights;
6. Specifying the procedures for evaluating, accepting, applying, and publishing research results and technological development outcomes; scientific positions; science and technology awards and forms of recognition for contributions to science and technology by organizations and individuals;
7. Organizing and managing scientific and technological appraisal work;
8. Organizing and directing statistical and information work on science and technology;
9. Organizing and directing training and capacity building in specialized fields of science and technology;
10. Organizing and managing international cooperation in science and technology;
11. Inspecting and supervising compliance with laws on science and technology; resolving disputes, complaints, and denunciations in scientific and technological activities; handling violations of laws on science and technology.
Article 50. State management agencies for science and technology
1. The Government shall uniformly manage state affairs concerning science and technology.
Annually, the Government shall report to the National Assembly on the implementation of policies and measures to develop science and technology; the use of state budget funds for the development of science and technology; the results of science and technology activities.
2. The Ministry of Science, Technology, and Environment shall be responsible before the Government for implementing state management over science and technology.
3. Ministries, ministerial-level agencies, and agencies under the Government shall be responsible for state management over science and technology according to the division of labor by the Government.
The Government shall specify in detail the responsibilities of ministries, ministerial-level agencies, and agencies under the Government in coordinating with the Ministry of Science, Technology, and Environment to implement unified state management over science and technology.
4. People's Committees at all levels shall implement state management over science and technology in their localities as prescribed by law.
Article 51. Statistical work on science and technology
The criteria system for statistical work on science and technology shall be uniformly defined nationwide. Ministries, ministerial-level agencies, agencies under the Government, People's Committees at all levels, scientific and technological organizations, and individuals engaged in scientific and technological activities shall be responsible for reporting complete and truthful statistical data on science and technology to competent state management agencies for science and technology according to the division of labor by the Government.
Article 52. Inspection of science and technology
1. Inspection of science and technology is specialized inspection in the field of science and technology. The organization and operation of the Inspection of Science and Technology shall be specified by the Government.
2. The Inspection of Science and Technology shall have the following duties:
a) Inspect the implementation of policies and laws on science and technology;
b) Verify, conclude, and recommend solutions for handling complaints and denunciations regarding violations of laws in the field of science and technology.
3. The Inspection of Science and Technology shall have the following powers:
a) Require parties and relevant entities to provide documents, evidence, and answers to questions necessary for the content being inspected;
b) Request expert opinions when necessary;
c) Apply measures to prevent and handle violations according to the provisions of law.
4. Inspection teams and inspectors shall be responsible for conclusions, decisions, and measures taken during inspections according to the provisions of law.
Chapter VII
REWARD AND VIOLATION HANDLING
Article 53. Awards
Organizations and individuals who have made significant contributions to the cause of science and technology shall be commended and conferred national honorary titles according to the provisions of law.
Article 54. Science and technology awards
1. The State shall examine and present the Ho Chi Minh Award for outstanding scientific and technological works.
2. The State shall examine and present the State Award for outstanding scientific and technological works.
3. Ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees, and municipal People's Committees directly under the Central Government shall examine and present awards for outstanding scientific research and technological development works within their respective jurisdictions.
The Government shall specify the criteria and procedures for presenting the awards prescribed in this Article.
Article 55. Science and technology awards from organizations and individuals
Domestic organizations and individuals, overseas Vietnamese individuals, international organizations, and foreign organizations and individuals may establish and present science and technology awards to encourage the development of science and technology in Vietnam according to the provisions of law.
2. Enterprises may allocate part of their profits derived from applying scientific and technological results to reward organizations and individuals who successfully apply such results.
3. Scientific and technological organizations and individuals engaged in scientific and technological activities may accept science and technology awards presented by foreign organizations and individuals, and international organizations in accordance with Vietnamese law.
Article 56. Accepting titles from foreign organizations and international organizations
Scientific and technological organizations and individuals engaged in scientific and technological activities may accept titles in the field of science and technology conferred by foreign organizations and individuals, and international organizations in accordance with Vietnamese law.
Article 57. Handling Violations
Any person who commits any of the following acts shall be subject to disciplinary action, administrative sanction, or criminal prosecution depending on the nature and degree of violation; if damage is caused, compensation must be provided:
1. Committing any of the prohibited acts stipulated in Article 8 of this Law;
2. Misusing state budget funds allocated for the development of science and technology;
3. Fraudulently obtaining incentives or awards in scientific and technological activities;
4. Violating regulations on the selection and assignment of scientific and technological tasks; assessing, evaluating, and certifying scientific and technological programs, topics, and projects;
5. Other acts that violate laws on science and technology.
Chapter VIII
IMPLEMENTING PROVISIONS
Article 58. Effectiveness
This Law on Science and Technology shall take effect from January 1, 2001.
All previous provisions contrary to this Law are hereby abolished.
Article 59. Detailed regulations and guidance on implementing
The Government shall promulgate detailed regulations and provide guidance on the implementation of this Law.
This Law was adopted by the Seventh Session of the Tenth National Assembly of the Socialist Republic of Vietnam on June 9, 2000./.
관계도
문서를 클릭하면 열립니다. 빨간 테두리=효력을 변경하는 관계.
번역본
이 문서는 다음 언어로 제공됩니다: