Law on High Technology No. 21/2008/QH12

LAW

High Technology

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BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

The National Assembly enacts the Law on High Technology,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates activities related to high technology, policies, and measures to encourage and promote such activities.

Article 2. Applicability

This Law applies to organizations and individuals of Vietnam, overseas Vietnamese, and foreign organizations and individuals participating in high technology activities in Vietnam.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. High technology is technology with a high content of scientific research and technological development; integrated from modern scientific and technological achievements; producing products of superior quality, performance, high added value, and environmental friendliness; playing an important role in forming new or modernizing existing production and service industries.

2. High technology activities include researching, developing, seeking, transferring, applying high technology; training high technology human resources; incubating high technology and high technology enterprises; producing high technology products, providing high technology services; developing high technology industry.

3. High technology products are products created by high technology, having superior quality, performance, high added value, and environmental friendliness.

4. High technology enterprise is an enterprise producing high technology products, providing high technology services, and conducting high technology research and development activities.

5. High technology application agricultural enterprise is an enterprise applying high technology in the production of agricultural products with high quality, productivity, and added value.

6. High technology industry is an economic and technical sector producing high technology products and providing high technology services.

7. High technology incubation is the process of creating, perfecting, and commercializing high technology from technological ideas, scientific research results, or incomplete high technology through necessary infrastructure, resource, and service support activities.

8. High technology enterprise incubation is the process of forming and developing high technology enterprises through necessary infrastructure, resource, and service support activities.

9. High technology incubation facility, high technology enterprise incubation facility is a facility providing favorable conditions regarding infrastructure, resources, and necessary services for high technology incubation and high technology enterprise incubation.

10. High technology human resources are personnel with qualifications and skills meeting the requirements of high technology research, development, application, high technology services, management of high technology activities, operation of equipment and production lines for high technology products.

Article 4. State policy towards high technology activities

1. Mobilizing investment resources, applying comprehensive mechanisms and measures to encourage and provide the highest incentives regarding land, tax, and other benefits for high technology activities to leverage the leading role of high technology in the development of science and technology serving economic and social development, national defense, security, environmental protection, and improving the quality of life for the people.

2. Accelerating the application, mastery, and creation of high technology and high technology products; forming and developing certain high technology industries; enhancing the competitiveness of products and participating in high-value-added stages in the global supply chain.

3. Concentrating investment in the development of high technology human resources at regional and international levels; applying special incentive mechanisms and policies to train, attract, and effectively utilize domestic and foreign high technology human resources, young talents in research, teaching, high technology incubation, high technology enterprise incubation, and other high technology activities.

4. Encouraging enterprises to enhance their capacity to apply high technology and invest in high technology development; creating favorable conditions for small and medium-sized enterprises to participate in forming networks supplying products and auxiliary services for the high technology industry.

5. Allocating state budget and applying special financial mechanisms to implement tasks, programs, projects on high technology, importing some significant high technologies for economic and social development, national defense, and security.

Article 5. Priority investment and development of high technology

1. Focus on investing in and developing high technology in the following fields:

a) Information technology;

b) Biotechnology;

c) New materials technology;

d) Automation technology.

2. Based on the needs for economic and social development, national defense, and security, the Government adjusts and supplements the fields of technology that need to focus on investing in and developing high technology as stipulated in Clause 1 of this Article.

3. High technology prioritized for investment and development in the fields of technology as specified in Clause 1 and Clause 2 of this Article must be in line with the requirements and trends of advanced and modern scientific and technological development worldwide, leverage the country's advantages, be feasible, and meet one of the following conditions:

a) Having a strong impact and yielding significant benefits for the development of economic and social sectors, national defense, and security;

b) Contributing to modernizing existing production and service industries;

c) Being a key factor in forming new competitive and highly effective economic and social production and service industries.

4. The Ministry of Science and Technology shall take the lead in coordinating with ministries and agencies under the central government to submit

Article 6. Encouraged Development of High Technology Products

1. High technology products encouraged for development are those created from high technology listed in the priority investment and development technology catalog and meeting the following conditions:

a) Having a high added value ratio in the product value structure;

b) Having high competitiveness and large economic and social effectiveness;

c) Possessing export potential or the ability to replace imported products;

d) Contributing to enhancing the national scientific and technological capacity.

2. The Ministry of Science and Technology shall take the lead in coordinating with ministries and agencies under the central government to submit

Article 7. International Cooperation in High Technology

1. Expand international cooperation in research, application, and development of high technology, especially with foreign countries, regions, organizations, individuals, multinational economic groups, and foreign economic groups with advanced scientific and technological levels based on principles consistent with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

2. Encourage and create favorable conditions for Vietnamese organizations and individuals to participate in international cooperation programs and projects, international associations, and other organizations related to high technology; attract foreign organizations and individuals, overseas Vietnamese to carry out high technology activities in Vietnam.

3. Strengthen international cooperation in the field of high technology human resource development, prioritizing cooperation in training high technology engineering students at advanced universities, colleges, and vocational schools in the region and globally; attracting and effectively utilizing highly qualified individuals and talented young people to cooperate in researching, teaching, incubating high technology, incubating and developing high technology enterprises in Vietnam.

4. Implement a roadmap for international integration in science and technology, intensify activities to seek and transfer advanced technology into Vietnam to enhance the capability of domestic research institutions, training centers, and enterprises to master and innovate high technology.

Article 8. Prohibited Acts

1. Exploiting high technology activities to harm national interests, national defense, security, and the legitimate rights and interests of organizations and individuals.

2. Conducting high technology activities causing adverse effects on human health, life, morality, and ethnic customs; destroying the environment and natural resources.

3. Violating intellectual property rights related to high technology.

4. Disclosing or providing illegally confidential information about high technology.

5. Fraudulently obtaining preferential policies from the State in high technology activities.

6. Illegally obstructing high technology activities.

Chapter II

APPLICATION, RESEARCH AND DEVELOPMENT OF HIGH TECHNOLOGY

Article 9. Application of High Technology

1. The State encourages activities applying high technology in accordance with the policies stipulated in this Law and other relevant laws.

2. Activities applying high technology listed in the Priority Investment and Development Technology Catalogue shall be entitled to incentives and support in the following cases:

a) Utilizing research results on high technology to innovate technology, improve product quality and increase added value.

b) Testing production of products.

c) Mastering and adapting imported high technology from abroad to fit Vietnam's actual conditions.

Article 10. Measures to Promote the Application of High Technology

a) Enjoying the highest level of incentives as provided for by laws on land, corporate income tax, value-added tax, export tax, and import tax.

b) Being considered for support in costs from the National Program for High Technology Development budget and other state budget sources.

c) Enjoying other incentives as provided for by laws.

2. The Ministry of Science and Technology shall take the lead in coordinating with ministries and agencies under the central government to submit

Article 11. Research and Development of High Technology

1. The State encourages activities researching and developing high technology to serve economic and social development, ensure national defense and security, and protect the environment.

2. Activities researching and developing high technology listed in the Priority Investment and Development Technology Catalogue shall be entitled to incentives and support in the following cases:

a) Applying high technology in research.

b) Creating high technology to replace imported technology from abroad.

c) Innovating new high technology.

Article 12. Measures to Promote Research and Development of High Technology

a) Enjoying the highest level of incentives as provided for by laws on corporate income tax, value-added tax, export tax, and import tax.

b) Being considered for partial or full support in costs from the National Program for High Technology Development budget for self-funded research and development of high technology that yields significant economic, social, national defense, security, and environmental benefits.

c) Receiving funding and support from funds and other budgets allocated for research and development, training of high technology human resources, and transfer of high technology.

2. Investors of projects constructing research, development, and application facilities for high technology shall be granted land without payment of land use fees and exempted or reduced from land use taxes according to laws on land.

3. Laboratories and research centers established through collaboration between organizations and individuals serving research and development of high technology listed in the Priority Investment and Development Technology Catalogue shall be considered for partial support in investment costs for research equipment and operations from the National Program for High Technology Development budget.

4. The Ministry of Science and Technology is responsible for:

a) Prioritizing allocation of annual state budget funds for scientific and technological activities to research and develop high technology listed in the Priority Investment and Development Technology Catalogue and high technology products listed in the Encouraged Development High Technology Product Catalogue.

b) Taking the lead in coordinating with ministries and agencies concerned to submit

Article 13. Encouraging the transfer of high technology

1. Organizations and individuals implementing the transfer of high technology for research and development of high technology, production, and business of high technology products shall enjoy the highest preferential levels as prescribed by laws on technology transfer and other relevant laws.

2. The State allocates funds to import certain high technologies, machinery, and high technology equipment that have not yet been produced domestically to implement important projects concerning socio-economic development, national defense, and security.

Article 14. Developing the market for high technology, information, and support services for high technology activities

1. The State encourages organizations and individuals to participate in developing the market for high technology; providing intermediary, consulting, evaluation, valuation, inspection services for high technology; creating favorable conditions for organizations and individuals to carry out technical consulting, investment, legal, financial, insurance, intellectual property rights protection, and other services aimed at promoting high technology activities, consumption, and utilization of high technology products.

2. The Ministry of Science and Technology takes the lead in coordinating with ministries and ministerial-level agencies to build databases and information infrastructure for high technology; creating favorable conditions for organizations and individuals to access, use, and exchange information on high technology; organizing and participating in domestic and international high technology fairs, exhibitions.

3. Ministries, ministerial-level agencies, provincial People's Committees, and municipal People's Committees under the central government shall take measures to support and create favorable conditions for domestic organizations and individuals, as well as foreign organizations and individuals, to organize and participate in high technology fairs, exhibitions.

Chapter III

DEVELOPMENT OF HIGH TECHNOLOGY IN ECONOMIC AND TECHNICAL SECTORS

Article 15. Development of high technology industry

1. The development of high technology in the industry focuses on the following main tasks:

a) Producing high technology products and providing high technology services;

b) Developing high technology enterprises;

c) Training human resources for the high technology industry;

d) Building supporting industries serving the development of the high technology industry.

2. Based on the List of prioritized high technology fields for investment and development and the List of encouraged high technology products for development as stipulated in Articles 5 and 6 of this Law, the Ministry of Industry and Trade shall take the lead in coordinating with the Ministry of Science and Technology and related ministries and ministerial-level agencies to submit

3. Ministries, ministerial-level agencies, and provincial People's Committees and municipal People's Committees under the central government shall implement plans for the development of the high technology industry and supporting industries serving the development of the high technology industry which have been approved.

Article 16. Development of high technology in agriculture

1. The development of high technology in agriculture focuses on the following main tasks:

a) Selecting and breeding crop varieties and livestock breeds with high yield and quality;

b) Preventing and controlling diseases;

c) Cultivating crops and raising livestock with high efficiency;

d) Creating types of agricultural materials, machinery, and equipment;

đ) Preserving and processing agricultural products;

e) Developing agricultural enterprises applying high technology;

g) Developing high technology services serving agriculture.

2. The Ministry of Agriculture and Rural Development shall take the lead in coordinating with the Ministry of Science and Technology and related ministries and ministerial-level agencies to submit

3. Ministries, ministerial-level agencies, and provincial People's Committees and municipal People's Committees under the central government shall implement plans for the development of high technology in the agricultural sector which have been approved.

Article 17. High-tech Product Production

1. New enterprises established from investment projects to produce high-tech products listed in the Encouraged High-tech Products Catalogue shall enjoy the highest incentives under laws on land and import tax; when meeting all conditions stipulated in Clause 1, Article 18 of this Law, they shall enjoy the highest incentives under laws on corporate income tax, value-added tax, and export tax.

2. Enterprises operating in Vietnam that produce high-tech products listed in the Encouraged High-tech Products Catalogue shall be prioritized for selection to participate in projects using state budget funds.

3. The Ministry of Science and Technology shall take the lead in coordinating with ministries and agencies concerned to submit

Article 18. High-tech Enterprises

1. High-tech enterprises must meet the following conditions:

a) Producing high technology products listed in the Catalogue of Encouraged High Technology Products as prescribed in Article 6 of this Law;

b) The average annual expenditure of the enterprise over three consecutive years for research and development activities conducted in Vietnam must reach at least 1% of its annual revenue, and from the fourth year onwards, it must exceed 1%;

c) The average annual revenue of the enterprise over three consecutive years from high-tech products must reach at least 60% of its annual revenue, and from the fourth year onwards, it must reach 70% or more;

d) The number of employees of the enterprise with a bachelor's degree or higher directly engaged in research and development must reach at least 5% of the total workforce;

đ) Implement environmentally friendly measures and energy-saving practices in production and product quality management to meet Vietnamese technical standards and regulations; in cases where such standards and regulations do not exist, international specialized organization standards shall be applied;

a) Enjoy the highest incentives under laws on land, corporate income tax, value-added tax, export tax, and import tax;

b) Be considered for financial support for training, research and development, and experimental production from the National High-tech Development Program budget;

3. Encourage organizations and individuals to establish high-tech enterprises.

4. The Ministry of Science and Technology shall take the lead in coordinating with ministries and agencies under the central government to submit

Article 19. High-tech Agricultural Enterprises

1. High-tech agricultural enterprises must meet the following conditions:

a) Apply advanced technologies listed in the Priority Advanced Technologies Investment and Development Catalogue stipulated in Article 5 of this Law to produce agricultural products;

b) Engage in research and experimental application of advanced technologies to produce agricultural products;

c) Produce agricultural products of high quality, productivity, value, and efficiency;

d) Implement environmentally friendly measures and energy-saving practices in production and agricultural product quality management to meet Vietnamese technical standards and regulations; in cases where such standards and regulations do not exist, international specialized organization standards shall be applied;

a) Enjoying the highest level of incentives as provided for by laws on land, corporate income tax, value-added tax, export tax, and import tax.

b) Be considered for financial support for research, experimentation, training, and technology transfer from the National High-tech Development Program budget;

3. Encourage organizations and individuals to establish high-tech agricultural enterprises;

4. The Ministry of Agriculture and Rural Development shall take the lead in coordinating with the Ministry of Science and Technology and relevant ministries and agencies to submit

Article 20. Encouraging the establishment of high-tech enterprises

1. Scientific and technological organizations, lecturers, researchers, and students may establish or cooperate with other organizations or individuals to establish high-tech enterprises.

2. Scientific and technological organizations that establish or cooperate with other organizations or individuals to establish high-tech enterprises shall be entitled to incentives and support as follows:

a) Granting the right to use or ownership of scientific and technological research results owned by the state for the purpose of establishing high-tech enterprises;

b) Contributing part of the state assets of public scientific and technological organizations to establish high-tech enterprises;

c) Incentives applicable to high-tech enterprises.

3. State management agencies and scientific and technological organizations shall create favorable conditions for lecturers, researchers, and students to establish or participate in establishing high-tech enterprises in accordance with this Law and other relevant laws.

Article 21. High-Tech Incubation Bases, High-Tech Enterprise Incubation Bases

1. High-tech incubation bases and high-tech enterprise incubation bases have the function of providing favorable conditions regarding technical infrastructure, resources, and necessary services for organizations and individuals to perfect high technology, form and develop high-tech enterprises during the incubation phase.

2. High-tech incubation bases and high-tech enterprise incubation bases must meet the following conditions:

a) Technical infrastructure and a professional management team meeting the requirements for high-tech incubation and high-tech enterprise incubation;

b) A team of experts advising on technology, intellectual property, law, finance, and business management;

c) The ability to connect with production facilities, research institutions, and training centers serving high-tech incubation and high-tech enterprise incubation activities.

3. The Ministry of Science and Technology shall specify the conditions for high-tech incubation bases and high-tech enterprise incubation bases.

Article 22. Measures to Promote High-Tech Incubation and High-Tech Enterprise Incubation

a) Allocation of land without payment of land use fees, exemption from land use tax for land used to construct high-tech incubation bases and high-tech enterprise incubation bases;

b) Enjoyment of the highest level of incentives under the law on corporate income tax, value-added tax, export tax, and import tax;

c) Consideration for financial support for incubation activities from the national program budget for developing high technology and other state budget sources.

a) Enjoying the highest level of incentives as provided for by laws on corporate income tax, value-added tax, export tax, and import tax.

b) Consideration for financial support for activities from the national program budget for developing high technology and other state budget sources.

3. The state shall invest or participate in investing in some high-tech incubation bases and high-tech enterprise incubation bases of significant importance.

Article 23. National Program for High-Tech Development

1. The National Program for High-Tech Development aims to promote research and application of high-tech to create domestic high-tech technologies and products, and to form and develop the high-tech industry.

2. The National Program for High-Tech Development focuses on investing resources to develop high-tech in certain key technology fields that are suitable with the country's actual capacity and conditions; attracting domestic and foreign scientists, technology experts, and entrepreneurs to participate in the National Program for High-Tech Development.

3. The National Program for High-Tech Development has the following main tasks:

a) Building a roadmap and measures for applying and developing high-tech technologies and products listed in the priority investment development technology catalog and the encouraged development high-tech product catalog;

b) Selecting topics, projects, and plans to implement the tasks specified in point a of this clause;

c) Developing high-tech human resources;

d) Supporting organizations and individuals in carrying out high-tech activities according to the objectives and tasks of the National Program for High-Tech Development;

đ) Other tasks as determined by

4. Financial sources for implementing the National Program for High-Tech Development include:

a) State budget allocated for the National Program for High-Tech Development. This budget does not fall under annual state budget spending for science and technology activities;

b) Funds from state budget-originated funds and non-state budget funds;

c) Contributions and sponsorships from domestic organizations and individuals, overseas Vietnamese, and foreign organizations and individuals.

5. Implementation of the National Program for High-Tech Development is regulated as follows:

a) The Prime Minister directs the organization of implementation, inspection, and evaluation of the results of the National Program for High-Tech Development;

b) The Ministry of Science and Technology takes the lead in coordinating with relevant ministries and agencies to build the content, tasks, management mechanisms, and financial mechanisms of the National Program for High-Tech Development for submission;

c) Based on the approved National Program for High-Tech Development, ministers, heads of equivalent agencies, Chairpersons of provincial People's Committees directly under the central government implement assigned and delegated tasks.

6. During the implementation of the National Program for High-Tech Development, to meet the requirements of the objectives set forth in Clause 1 of this Article and the State policy on high-tech activities, the Government shall submit to the National Assembly for consideration and decision on special policies and mechanisms for the National Program for High-Tech Development at appropriate times.

Article 24. Venture Investment for High-Tech Development

1. Venture investment for high-tech development is investment for researching and developing high-tech, forming and developing enterprises applying and producing high-tech products and providing high-tech services, carried out through capital contribution and advisory services to receiving investors.

2. The State encourages and creates favorable conditions for domestic organizations and individuals, overseas Vietnamese, foreign organizations and individuals, and international organizations to participate in venture investment activities for high-tech development and establish high-tech venture funds in Vietnam.

Article 25. National High-Tech Venture Capital Fund

1. The National High-Tech Venture Capital Fund is a state financial organization for investing capital and providing advisory services to organizations and individuals in forming and developing enterprises that apply, produce high-tech products, and provide high-tech services.

2. Sources of finance for establishing the National High-Tech Venture Capital Fund include:

a) The charter capital of the National High-Tech Venture Capital Fund formed from the state budget and supplemented from the state budget during its operation;

b) Sponsorship and contributions from domestic organizations and individuals, and foreign organizations and individuals;

c) Revenues from the activities of the National High-Tech Venture Capital Fund;

d) Other legally raised capital.

3. The entities eligible for investment by the National High-Tech Venture Capital Fund are organizations and individuals with high-tech ideas and high-tech businesses, having research results on high-tech innovation, requiring completion of high-tech; small and medium-sized enterprises with projects applying, producing high-tech products, and providing high-tech services.

4. The Ministry of Science and Technology shall take the lead in coordinating with the Ministry of Finance to submit.

Chapter IV

HIGH-TECH HUMAN RESOURCES

Article 26. Policy for Developing High-Tech Human Resources

1. Developing high-tech human resources is one of the key tasks of the national education and training system aimed at implementing the State's policy on high-tech activities as stipulated in this Law and other relevant laws.

2. Training of high-tech human resources must be linked to practical needs, application, and development of high-tech to meet the requirements of industrialization and modernization; ensuring the quantity, quality, and structure of high-tech human resources; using them effectively and providing appropriate compensation.

3. High-tech human resources trained comprehensively in terms of structure and level include scientists, researchers, technology experts, management staff, technicians, and technical workers.

4. The State creates favorable conditions for domestic organizations and individuals, and foreign organizations and individuals to participate in developing high-tech human resources; allocating budgets, resources, and applying the highest incentives as prescribed by law to develop high-tech human resources.

Article 27. Training of High-Tech Human Resources

1. The annual education and training budget must allocate funds to select and send students, lecturers, researchers, technology experts, management staff, technicians, and technical workers with excellent academic records for training and upgrading their skills abroad in priority areas for development as specified in Article 5 of this Law.

2. Programs, projects, and topics on the application and development of high-tech using state budget funds should allocate funds for training high-tech human resources in accordance with approved objectives, contents, and tasks.

3. Individuals directly implementing the tasks of the National Program for High-Tech Development are prioritized for admission to improve their qualifications both domestically and internationally under national training programs.

4. The Ministry of Science and Technology shall take the lead in coordinating with the Ministry of Education and Training and other ministries and agencies concerned to submit.

Article 28. High-tech human resource training facilities

1. The State encourages organizations and individuals to invest, form joint ventures, or cooperate with other organizations to build high-tech human resource training facilities.

a) Enjoying the highest level of incentives under the laws on land, corporate income tax, and import tax;

b) Funding from science and technology funds and other funds;

c) The national program for developing high technology may consider supporting part or all of the costs for training high-tech human resources to achieve the objectives and tasks of the national program for developing high technology.

3. Scientific research and development organizations and universities implementing high-tech human resource training programs shall be considered for state funding for training expenses.

4. The State will focus on building some high-tech human resource training facilities that meet international standards.

5. The Ministry of Science and Technology shall take the lead in coordinating with the Ministry of Education and Training, the Ministry of Labor, Invalids and Social Affairs, and other ministries and agencies concerned to submit the relevant proposals.

Article 29. Attracting and Utilizing High-Tech Human Resources

1. The State shall have special incentive mechanisms and policies to attract and utilize high-tech human resources, including:

a) Creating a favorable working and living environment for high-tech activities;

b) Salary, allowances, and insurance benefits;

c) Appointing to key positions to carry out state scientific and technological tasks;

d) The highest personal income tax incentives;

đ) Creating conditions for participation in international cooperation activities related to high technology;

e) Honoring and rewarding those with outstanding achievements.

2. The Ministry of Science and Technology shall take the lead in coordinating with the Ministry of Finance and other ministries and agencies concerned to submit the relevant proposals.

Chapter V

TECHNICAL INFRASTRUCTURE TO SUPPORT HIGH-TECH ACTIVITIES

Article 30. Developing Technical Infrastructure for High Technology

1. The State encourages organizations and individuals to invest in building technical infrastructure for high technology, including high-tech zones, high-tech agricultural application zones, research facilities, high-tech incubation facilities, high-tech enterprise incubation facilities, and information infrastructure to meet the requirements for high technology development.

2. Based on economic and social development requirements and high technology development tasks, the State will focus on investing in building some high-tech zones and high-tech agricultural application zones.

Article 31. High-Tech Zones

1. A high-tech zone is a place where high-tech research and development, application, and incubation activities are concentrated and linked; high-tech human resource training; production and sale of high-tech products; provision of high-tech services.

2. High-tech zones shall undertake the following tasks:

a) Implementing high-tech research, application, and development activities; high-tech incubation and enterprise incubation; production of high-tech products and provision of high-tech services;

b) Linking high-tech research and application activities, high-tech human resource training, and high-tech product production;

c) Training high-tech human resources;

d) Organizing exhibitions, fairs, and demonstrations of high-tech products resulting from high-tech research and application;

đ) Attracting domestic and foreign resources to promote high-tech activities.

3. Conditions for establishing high-tech zones are stipulated as follows:

a) In line with the State's policies on high technology development, high-tech industry development, and the tasks specified in Clause 2 of this Article;

b) Having an appropriate scale, suitable location with convenient transportation and connection to high-level research and training institutions;

c) Technical infrastructure and services conducive to high-tech research, application, and development; high-tech incubation and enterprise incubation; experimental production of high-tech products; provision of high-tech services;

d) Having qualified human resources and professional management teams.

4. The Ministry of Science and Technology shall take the lead in coordinating with relevant ministries, agencies, provincial People's Committees, and centrally-administered city People's Committees to submit the relevant proposals.

Article 32. High-Tech Agriculture Zone

1. A high-tech agriculture zone is a concentrated high-tech area implementing activities to apply research and development achievements of high technology into agriculture to fulfill tasks prescribed in Clause 1 of Article 16 of this Law.

2. The high-tech agriculture zone shall have the following tasks:

a) Implementing research application, testing, and demonstrating models of agricultural product production applying high technology;

b) Linking research, application of high technology, and production of products applying high technology in agriculture;

c) Training high-tech human resources in agriculture;

d) Organizing trade fairs, exhibitions, and demonstrations of agricultural products applying high technology;

e) Attracting domestic and foreign investment and high-tech human resources to implement activities applying high technology in agriculture.

3. Conditions for establishing a high-tech agriculture zone are stipulated as follows:

a) In line with the strategy, plan for agricultural development and tasks prescribed in Clause 2 of this Article;

b) Having appropriate land area and natural conditions suitable for each type of agricultural product production; convenient location for linking with research and training institutions of high level;

c) Technical infrastructure and services being convenient to meet the requirements of research, training, testing, and demonstration of high technology application in agriculture;

d) Having qualified human resources and professional management teams.

4. The Ministry of Agriculture and Rural Development shall take the lead in coordinating with the Ministry of Science and Technology and other ministries, agencies at the ministerial level, provincial People's Committees, and centrally-run city People's Committees to submit

Article 33. Measures to Promote Investment in Building Technical Infrastructure for High-Tech Development

1. In land use planning, land must be reserved for building technical infrastructure to serve high-tech development.

2. Organizations and individuals investing in building technical infrastructure in high-tech zones and high-tech agriculture zones shall enjoy the highest preferential treatment under the law on land for constructing research, training, incubation facilities for high technology, high-tech enterprise incubation, testing, demonstration, and production facilities for high-tech products, high-tech agricultural products, provision of high-tech services, information infrastructure, transportation, electricity, water supply, administrative offices, and waste treatment systems within high-tech zones.

3. The State shall support the construction of information infrastructure, transportation, electricity, water supply, administrative offices, and waste treatment systems in high-tech zones and high-tech agriculture zones.

4. Other incentives shall be specified by the Government within its authority.

5. Provincial People's Committees and centrally-run city People's Committees within their scope of authority and responsibilities shall be responsible for clearing land and creating favorable conditions for organizations and individuals investing in high-tech zones and high-tech agriculture zones.

Chapter VI

IMPLEMENTING PROVISIONS

Article 34. Effective Date

This Law takes effect from July 1, 2009.

Article 35. Detailed regulations and guidance on implementation

The Government shall provide detailed provisions and guidance on the implementation of the Articles and Clauses assigned in this Law; provide necessary guidance on other contents of this Law to meet management requirements.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 12th term, fourth session, on November 13, 2008./.