Law on Science, Technology, and Innovation No. 93/2025/QH15

LAW ON SCIENCE, TECHNOLOGY AND INNOVATION

Pursuant to the Constitution of the Socialist Republic of Vietnam amended and supplemented by Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law on Science, Technology and Innovation.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law regulates the activities of science, technology and innovation of agencies, organizations, and individuals; policies and measures to ensure the development of science and technology and to promote innovation.

Article 2. Applicability

This Law applies to agencies, organizations, and individuals directly participating or related to scientific, technological, and innovative activities in Vietnam or outside the territory of Vietnam but having rights and obligations under Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.

Article 3. Explanation of Terms

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

1. Science is a system of knowledge about the nature, existence, and development rules of natural phenomena, social phenomena, and thought.

2. Technology is a collection of technical solutions, processes, tools, including trade secrets, created through the application of scientific knowledge and experience to transform resources into products.

3. Innovation is an activity that creates new products, services, processes, business models, or significant improvements over existing products, services, processes, and business models.

4. Scientific, technological, and innovative activities including:

a) Basic research;

b) Applied research;

c) Technological development; social solution development;

d) Experimental production;

đ) Technology application and transfer;

e) Innovation based on technological innovation, technological creativity, and enhanced technological efficiency;

g) Creative entrepreneurship;

h) Provision of scientific, technological, and innovative services;

i) Activities of initiative, technical improvement, knowledge creation, and other related activities.

5. Scientific, technological, and innovation tasks are forms of organizing work to address issues of science, technology, and innovation to meet practical requirements for economic and social development, ensuring national defense and security, and promoting science, technology, and innovation.

6. Basic research is an activity aimed at discovering the nature and rules of natural phenomena, social phenomena, and thought.

7. Applied Research is an activity of scientific research using scientific knowledge to create solutions serving practical needs in production, business, and socio-economic life.

8. Technological development is a process of applying research results and experience to design, test, perfect, and standardize technical processes to create new technologies or improve existing technologies suitable for practical application conditions.

9. Social solution development is the development and implementation of new initiatives or solutions to effectively and sustainably solve social, community, and environmental problems, contributing to creating social value.

10. Experimental production is the production of new products in actual production conditions to test quality, costs, and marketability before commercial production deployment.

11. Creative entrepreneurship is the process of forming and developing creative business models based on technology, breakthrough ideas, or new business models, carried out by individuals, groups of individuals, or organizations, aiming to create new value, solve market or socio-economic problems.

12. Scientific, technological, and innovative services are activities providing technical support for scientific and technological activities, innovation activities, and creative entrepreneurship activities.

13. Innovation support is an activity providing resources and services for innovation, including: intellectual property, standards, measurement, quality, technical infrastructure, working space, legal framework, market information, finance, trade, communication, investment connection, and necessary support.

14. Support for creative entrepreneurship is the activity stipulated in Clause 13 of this Article to provide resources and services for creative entrepreneurship.

15. Scientific and technological organization is an organization established according to the provisions of the law to conduct scientific research, technological development, or provide scientific, technological, and innovative services.

16. Research and Development Center is an organization specializing in conducting scientific research and technological development activities recognized based on capacity and activity results.

17. Innovation Center is an organization implementing and supporting innovation and creative entrepreneurship activities recognized based on capacity and activity results.

18. Innovative Entrepreneurship Enterprise is an enterprise implementing a creative business model with the ability to rapidly grow and expand market scale based on effective exploitation of technology, intellectual property rights, breakthrough ideas, or new business models.

19. National digital management platform for science, technology, and innovation is a digital system serving state management, tracking progress, evaluating results, and effectiveness of scientific, technological, and innovative activities nationwide.

20. National information system on science, technology, and innovation is a digital infrastructure serving storage, sharing, dissemination, exploitation, and public use of the results of scientific, technological, and innovative activities for organizations and individuals in society.

21. Innovation system is the overall entities and connections between enterprises, educational institutions, research facilities, intermediary organizations, government agencies, communities, and institutional systems to promote the creation or improvement of products, services, and business models to enhance productivity, added value, economic and social efficiency, and quality of life.

Article 4. Application of the Law on Science, Technology, and Innovation

In cases where this Law provides different provisions from other laws or resolutions of the National Assembly regarding science, technology, and innovation, the provisions of this Law shall apply, except when other laws or resolutions of the National Assembly provide more favorable mechanisms or policies, in which case the Government shall decide on the application of such mechanisms or policies.

Article 5. Principles in scientific, technological, and innovative activities

1. Starting from practical requirements and forecasting development trends; serving economic and social development, ensuring national defense and security, improving the quality of life, protecting the environment, and sustainable development; putting people at the center and respecting human rights.

2. Research in the fields of healthcare, biotechnology, artificial intelligence, and other areas directly related to humans must comply with the provisions of this Law, relevant laws, and ensure that technological development and application are always under human supervision and control.

3. Ensuring freedom of research and creativity; emphasizing and adhering to professional ethics, specialized requirements, honesty, objectivity, and a sense of responsibility in scientific, technological, and innovative activities.

4. Developing standard systems as a foundation for establishing benchmarks for technological proficiency, guiding research, development, and application of technology, creating a basis for preventing and eliminating outdated technology and technology that adversely affects the economy, society, national defense, security, the environment, and human health; supporting registration, protection, management, and exploitation of intellectual property rights; promoting innovative activities.

5. The State manages scientific, technological, and innovative activities mainly through post-inspection principles, focusing on evaluating implementation results without interfering with methods or procedures; ensuring autonomy and accountability of organizations, businesses, and individuals. In necessary cases, pre-inspection principles may be applied but must not hinder scientific, technological, and innovative activities.

Article 6. Strategic Orientation and Policies for Scientific, Technological, and Innovative Development

1. Strategic orientation for the development of science, technology, and innovation includes:

a) Scientific, technological, and innovative activities must align with economic and social development goals, promoting economic growth, increasing labor productivity, sustainable and inclusive development; prioritizing scientific and technological solutions contributing to environmental protection, circular economy development, green transformation, and adaptation to climate change; ensuring equitable access to technology.

b) Linking scientific, technological, and innovative activities with market needs; identifying enterprises as the core of the innovation system; enhancing capacity for receiving, mastering, and commercializing domestic technology; promoting the application of research results, encouraging private sector investment, especially from enterprises in scientific research, technological development, and innovation.

c) The State creates conditions for development, builds institutions, promotes investment, and develops modern, synchronized infrastructure for science, technology, and innovation; promoting an open, transparent, and efficient innovation system.

d) Concentrating resources on technology fields with potential for breakthroughs and strategic technologies based on global technological trends, internal capabilities, and competitive advantages of the country; developing high-quality human resources in science, technology, and innovation; attracting and utilizing talent both domestically and internationally.

đ) Encouraging risk-taking in scientific research, technological development, and innovation through controlled trial mechanisms, risk-sharing policies, venture investments, and special financial mechanisms.

e) Awakening and connecting all societal resources for innovation; ensuring that resources are used to maximize creative capacity, value creation, internal development, and effective coordination; expanding international cooperation and actively participating in global technology value chains.

2. To concretize the strategic orientations prescribed in Clause 1 of this Article, the State implements the following policies:

a) Developing a modern, synchronized national innovation system, linked with building an innovation culture throughout society; highlighting the central role of enterprises and citizens, the knowledge role of higher education institutions and research institutes, and the role of state creation and leadership; developing synchronized fields of natural sciences, engineering and technology, political theory sciences, social and humanities sciences.

b) Strengthening investment in science, technology, and innovation; implementing flexible financial mechanisms; applying tax incentives and interest rate support for enterprises investing in scientific research, technological development, and innovation; establishing specialized funds with state participation.

c) Developing and perfecting the science and technology market; encouraging the commercialization of scientific research results, technological development, and innovation; encouraging and supporting technology transfer.

d) Applying preferential mechanisms and special mechanisms to attract and utilize talent, experts, and scientists both domestically and internationally; training, developing, and utilizing high-quality human resources in science and technology to implement strategic tasks and enhance the country's scientific and technological strength.

đ) Prioritizing investment in research infrastructure, technological development, and innovation; establishing national key laboratories; developing connections between research institutes, higher education institutions, and enterprises; investing in developing higher education institutions into centers for scientific research, technological development, and innovation; gradually forming high-level research centers linked with high-quality human resource training, ensuring effective coordination with specialized research institute networks.

e) Enhance support for basic research and applied research; promote the development of technology, transfer, and application of research results to practice; support enterprises to innovate, master, and create technology; closely link research, training, and application, leveraging internal potential while selectively absorbing advanced scientific and technological achievements; enhance national technological competitiveness in fields with potential and advantages.

g) Expand international integration in the field of science, technology, and innovation; selectively absorb advanced scientific and technological achievements suitable for Vietnam's conditions.

h) Prioritize the development of scientific, technological, and innovative activities in remote, mountainous, island, and economically disadvantaged areas through infrastructure investment, human resource development, and appropriate technology transfer; encourage models of innovation linked to agricultural development, preservation of indigenous knowledge, and sustainable development.

i) Strengthen the participation of the Vietnam Fatherland Front, its member organizations, other social organizations, and the community in the work of promoting, consulting, and social criticism regarding science, technology, and innovation policies; intensify the connection between science, technology, and innovation with production, business, education, training, and community development activities.

Article 7. National Science, Technology, and Innovation Day

May 18 each year is the National Science, Technology, and Innovation Day.

Article 8. Scientific Integrity and Professional Ethics in Research and Technological Development

1. Agencies, organizations, and individuals have the responsibility to ensure compliance with scientific integrity and professional ethics in research and technological development. Fabricating data, plagiarism, concealing conflicts of interest, or actions that distort the essence of research are serious violations of scientific integrity.

2. State management agencies on science, technology, and innovation have the responsibility to guide the implementation of scientific integrity and professional ethics within their jurisdiction.

3. Scientific and technological organizations have the responsibility to establish and promulgate rules on scientific integrity and professional ethics in accordance with the guidance of competent state management agencies.

4. The Government shall provide detailed regulations on this matter; specify cases for updating information about violations of scientific integrity and professional ethics on the National Platform for Managing Science, Technology, and Innovation.

Article 9. Acceptance of Risks in Scientific, Technological, and Innovative Activities

1. Risks in scientific, technological, and innovative activities are accepted according to the provisions of this Law and other relevant laws; ensuring appropriate risk management measures.

2. Risks in scientific, technological, and innovative activities include:

a) Risks in conducting scientific research, technological development, and innovation as stipulated in Clause 3 of this Article;

b) Controlled testing risks as stipulated in Article 22 of this Law;

c) Venture investment risks as stipulated in Article 40 of this Law;

d) Other risks as prescribed by the Government.

3. The acceptance of risks in scientific research, technological development, and innovation is regulated as follows:

a) Organizations and individuals conducting scientific research, technological development, and innovation are exempt from administrative liability and civil liability for damages caused to the State if they fully comply with procedures and regulations during the implementation of scientific research, technological development, and innovation without fraudulent behavior, intentional violation of the law, or misuse of funds;

b) Organizations implementing science and technology tasks using state budget funds, legitimate funds of public institutions, or state-owned enterprise funds do not need to repay funds used correctly if they fully comply with task management regulations, implementation procedures, research content, and risk prevention measures but fail to achieve the set goals;

c) Organizations and individuals approving and managing science and technology tasks using state budget funds, legitimate funds of public institutions, or state-owned enterprise funds are exempt from administrative liability and civil liability if they fully comply with approval and management regulations and procedures without violating the law but fail to achieve the set goals;

d) Exempt from criminal liability under the Penal Code for risks in research, testing, and applying scientific and technological progress and techniques.

4. The Government shall provide detailed regulations on this matter; specify criteria for determining acceptable risks, procedures for evaluating compliance with procedures and regulations in the approval, management, and implementation of scientific research, technological development, and innovation.

Article 10. Responsibility for disseminating and spreading scientific and technological knowledge and innovation

1. Organizations and individuals conducting scientific and technological activities and innovation using state budget funds or benefiting from state incentives, support, and funding shall be responsible for disseminating and spreading knowledge and publicizing the results of scientific and technological activities and innovation through appropriate forms, including updating information on the National Information System on Science, Technology, and Innovation.

2. The State encourages other organizations and individuals not covered by Clause 1 of this Article to disseminate and spread knowledge and publicize information about their scientific and technological activities and innovation on the National Information System on Science, Technology, and Innovation, through mass media, or by other suitable means in accordance with the law.

3. Contents within the scope of state secrets or affecting the ability to protect intellectual property rights of the results of scientific and technological activities and innovation are not subject to dissemination and updating as provided for in this Article.

Article 11. Encouraging initiatives, technical improvements, production rationalization, communication, and dissemination of scientific and technological knowledge and innovation

1. The State financially supports activities related to initiatives, technical improvements, production rationalization, scientific and technological communication, and innovation dissemination through funding and supporting such activities under appropriate mechanisms.

2. Business expenses for activities related to initiatives, technical improvements, production rationalization, scientific and technological communication, and innovation dissemination are accounted for as production and business costs in accordance with tax laws and accounting laws.

3. The Government shall provide detailed regulations for this Article; set criteria, forms, procedures, and levels of funding and support for the activities specified in Clause 1 of this Article.

Article 12. Scientific Journals

1. Research organizations and research and technology development organizations may establish one or more scientific journals. Each scientific journal shall have an editorial board consisting of the chairman of the editorial board and members who are specialists and scientists working full-time or part-time. The editorial board is responsible for selecting scientific articles for publication in the scientific journal and ensuring the quality of the scientific content.

2. The publication of scientific journals shall be carried out through the journal agency in accordance with the law on press.

3. The Government shall provide detailed regulations for this Article; set scientific criteria for scientific journals and editorial boards, review processes for scientific articles, and classification of scientific journals.

Article 13. State Management Responsibilities for Science, Technology, and Innovation

1. The responsibilities of the Government are as follows:

a) The Government shall uniformly manage state affairs concerning science, technology, and innovation throughout the country;

b) Annually, the Government shall report to the National Assembly on the implementation of policies and measures to develop science, technology, and innovation; the use of state budget funds for investment in science, technology, and innovation; and the results of scientific and technological activities and innovation.

2. The Ministry of Science and Technology shall be responsible before the Government for managing state affairs concerning science, technology, and innovation nationwide.

3. Ministries and agencies at the ministerial level, within their functions, tasks, and authorities, shall be responsible for managing state affairs concerning science, technology, and innovation in their respective sectors and fields.

4. Provincial People's Committees, within their functions, tasks, and authorities, shall be responsible for managing state affairs concerning science, technology, and innovation locally.

Article 14. Prohibited Acts

1. Obstructing or creating difficulties for the scientific and technological activities and innovation of organizations and individuals.

2. Misusing positions and powers to illegally interfere in the ordering, funding, supporting, and evaluating of scientific and technological activities and innovation or other illegal interference in the scientific and technological activities and innovation of organizations and individuals.

3. Exploiting scientific and technological activities and innovation to commit any of the following acts:

a) Infringing upon the interests of the State, the rights and legitimate interests of organizations and individuals;

b) Spreading false information, distorting the results of scientific research, technological development, and innovation;

c) Appropriating or improperly using the results of scientific research, technological development, and innovation of other organizations and individuals or other acts infringing upon intellectual property rights.

4. Intentionally failing to comply with regulations in scientific research, technological development, and innovation activities or intentionally concealing risks when conducting research, testing, and applying technologies that cause serious damage to natural resources, the environment, biodiversity, and community health.

5. Disclosing or improperly using sensitive data collected during research and development, affecting privacy rights, personal secrets, family secrets, or national security.

Chapter II

STATE MANAGEMENT MEASURES IN

SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES AND INNOVATION

Section 1

STRATEGIES, PLANS, TASKS, AND PROGRAMMES

Article 15. Science, technology, and innovation development strategy; science, technology, and innovation plan

1. The Prime Minister approves the science, technology, and innovation development strategy in accordance with the economic and social development strategy.

2. The central state management agency for science, technology, and innovation shall develop and issue a five-year overall plan on science, technology, and innovation in line with the economic and social development strategy and plan, including the structure of state budget expenditure for investment and recurrent spending on science, technology, and innovation; organize annual inspections and evaluations of the implementation of plans by ministries, ministerial-level agencies, government-affiliated agencies, other central agencies, and provincial People's Committees. The five-year overall plan on science, technology, and innovation is one of the bases for forming the content of investment in science, technology, and innovation development in the medium-term public investment plan.

3. Based on the five-year overall plan on science, technology, and innovation, ministries, ministerial-level agencies, government-affiliated agencies, other central agencies, and provincial People's Committees shall develop and issue plans on science, technology, and innovation within their jurisdiction; manage and utilize the budget effectively to contribute to economic and social development, ensuring national defense and security; be responsible for reporting on the effectiveness of implementation.

4. The Government shall provide detailed regulations on this matter.

Article 16. State Budget-Funded Science, Technology, and Innovation Tasks

1. State budget-funded science, technology, and innovation tasks include:

a) Science, technology, and innovation tasks proposed by organizations and enterprises in line with the priority orientation or specific requirements of the State to be considered for full or partial funding;

b) Science, technology, and innovation tasks carried out according to State orders, funded fully or partially by the State for organizations and enterprises to implement;

c) Basic science, technology, and innovation tasks initiated and implemented by public scientific and technological organizations from allocated funds under Point d Clause 1 Article 62 of this Law or other self-generated funds.

2. State-ordered science, technology, and innovation tasks are selected or directly assigned to organizations and enterprises to implement. The competent authority approving the task decides to directly assign the task to be implemented in the following cases:

a) Implementing the task requires ensuring national secrecy requirements;

b) Implementing urgent tasks to serve the goal of protecting sovereignty, national security; mitigating or promptly addressing consequences caused by natural disasters, catastrophes, epidemics, fires, unexpected accidents, incidents, or other force majeure events; preventing and controlling natural disasters, catastrophes, epidemics; protecting people's lives; safeguarding the interests of the State or the community;

c) Only one organization or enterprise has the necessary human resources, expertise, and equipment to carry out the task;

d) The organization or enterprise implementing the task can mobilize talent or has special infrastructure suitable for the research field.

3. Science, technology, and innovation tasks are considered for funding, selected, or directly assigned on a task-by-task, cluster-of-tasks, or chain-of-tasks basis. The consideration for funding, selection, and direct assignment of science, technology, and innovation tasks are conducted periodically, urgently, or within the framework of the National Science, Technology, and Innovation Program, the Special National Science, Technology, and Innovation Program, the Science, Technology, and Innovation Program of ministries, ministerial-level agencies, government-affiliated agencies, other central agencies, and provincial People's Committees.

4. The Government shall provide detailed regulations on this matter.

Article 17. National Science, Technology, and Innovation Program

1. The National Science, Technology, and Innovation Program is a collection of scientific, technological, and innovation activities with common objectives to address interdisciplinary and inter-regional issues, serving medium-term or long-term economic and social development.

2. The construction of the National Science, Technology, and Innovation Program must meet the following requirements:

a) Consistent with the science, technology, and innovation development strategy for each specific period;

b) Concentrated, focused, and non-overlapping between programs;

c) Estimated total budget and funding sources.

3. Ministries, ministerial-level agencies, government agencies, and other central agencies shall develop, issue, or submit to competent authorities for issuance the National Science, Technology, and Innovation Program after receiving the review opinions from competent agencies and organizations implementing the program.

4. The Government shall provide detailed regulations on this matter.

Article 18. Special Scientific, Technological, and Innovation Tasks; Special National Science, Technology, and Innovation Programs

1. Special scientific, technological, and innovation tasks and special national science, technology, and innovation programs are large-scale tasks and programs decided by the Prime Minister to achieve one of the following goals:

a) Serving strategic technology development;

b) Serving strategic research and policies that bring significant value in political theory, society, and humanities;

c) Serving key national projects;

d) Creating strong impacts on productivity, quality, and competitiveness of domestic products, services, and goods;

đ) Serving national defense and security.

2. Special scientific, technological, and innovation tasks and special national science, technology, and innovation programs apply special investment, financial, and management mechanisms as prescribed by the Government.

3. The Government shall provide detailed regulations on this Article.

Article 19. Evaluation of Scientific, Technological, and Innovation Activities

1. The evaluation of the results, effectiveness, and impact of scientific, technological, and innovation activities includes the following contents:

a) Evaluating the results, effectiveness, and impact of implementing the science, technology, and innovation development strategy, the five-year overall plan on science, technology, and innovation, and the science, technology, and innovation plan;

b) Evaluating the results, effectiveness, and impact of implementing the National Science, Technology, and Innovation Program; the special National Science, Technology, and Innovation Program; special scientific, technological, and innovation tasks; and scientific, technological, and innovation tasks funded by the state budget;

c) Evaluating the results and effectiveness of organizations operating in the field of science, technology, and innovation;

d) Evaluating the effectiveness and impact of implementing preferential and encouraging policies for organizations and businesses to invest in scientific, technological, and innovation activities.

2. The evaluation of scientific, technological, and innovation programs and tasks funded by the state budget includes the following contents:

a) The degree of completion of approved or committed objectives. The evaluation of the degree of completion takes into account cases where the results are not successful but have academic value, baseline data, or foundations for subsequent research;

b) Progress compared to the plan, monitoring of task implementation at specified time points, periodic reports, and the ability to complete on schedule, allowing flexible adjustments if there are valid reasons and approval from the managing authority;

c) The output effectiveness of the program and scientific, technological, and innovation tasks through determining the proportionality between achieved results and utilized state budget resources, the number of products, scientific value, practical applicability, and contributions to innovation;

d) The impact of the results of developing technology and innovation tasks on economic and social development over a certain period after the end of the program or task.

3. The evaluation of the results, effectiveness, and impact of scientific, technological, and innovation activities is conducted based on the principles of independence, honesty, objectivity, transparency, legality, and implemented on the basis of the following:

a) Statistical criteria for measuring, evaluating the results, effectiveness, and contribution of scientific, technological, and innovation activities to economic and social development, labor productivity, ensuring national defense, and security;

b) Statistical data, reports, compilations, especially information and data on digital platforms through the National Digital Management Platform for Science, Technology, and Innovation and the National Information System on Science, Technology, and Innovation;

c) Specific criteria for programs and tasks listed in the State Secrets Directory.

4. The results of the evaluation of scientific, technological, and innovation activities serve as the basis for adjusting plans, contents, allocation schemes, and state budget arrangements for ministries, ministerial-level agencies, government agencies, and other central agencies and localities related to implementing strategies, plans, programs, and tasks; adjusting the number of employees, arranging public service units in the field of science, technology, and innovation; and adjusting preferential policies on science, technology, and innovation.

5. The funds for conducting evaluations are allocated in the state budget estimate for the management of science, technology, and innovation activities.

6. The Government shall provide detailed regulations for this Article.

Article 20. Digital Transformation in Scientific Research, Technology, and Innovation Activities

1. The State promotes comprehensive digital transformation in the fields of scientific research, technology, and innovation through the development of synchronized digital infrastructure, provision of online public services, data digitization, and process automation to enhance efficiency and transparency.

2. The State encourages the application of big data and artificial intelligence to improve the effectiveness of scientific research, technology, and innovation activities; using artificial intelligence to innovate scientific and technological forces and innovation.

3. The State invests in building, operating, and maintaining a centralized and unified National Digital Platform for Managing Scientific Research, Technology, and Innovation to connect agencies, organizations on the internet for managing the following contents:

a) The process of forming and implementing scientific research, technology, and innovation activities funded by the state budget, except cases listed in the State Secrets Directory;

b) Evaluation of results and effectiveness of scientific research, technology, and innovation activities implementation;

c) Exploitation and utilization of shared material bases for scientific research, technology, and innovation.

4. The State invests in building, operating, and maintaining a centralized and unified National Information System on Scientific Research, Technology, and Innovation to ensure security requirements, connecting agencies, organizations, enterprises on the internet for storing, sharing, and publicly disseminating the results of scientific research, technology, and innovation activities for organizations and individuals to exploit and use; ensuring connectivity between the National Information System on Scientific Research, Technology, and Innovation and the National Digital Platform for Managing Scientific Research, Technology, and Innovation to provide accurate and consistent input data.

5. State agencies, organizations, enterprises, individuals, including scientific and technological organizations, innovation centers, startup support centers, and science and technology enterprises using the state budget and benefiting from preferential policies and support in scientific research, technology, and innovation activities have the responsibility to provide information for state management of scientific research, technology, and innovation on the National Digital Platform for Managing Scientific Research, Technology, and Innovation.

6. The State encourages organizations and individuals to provide information and publicly disclose the results of scientific research, technology development, and innovation not funded by the state budget on the National Information System on Scientific Research, Technology, and Innovation.

7. The Government shall provide detailed regulations on this matter.

Section 2

CONTROLLED TECHNOLOGY TESTING,

PROCESSES, SOLUTIONS, PRODUCTS, SERVICES, NEW BUSINESS MODELS

Article 21. General Requirements for Controlled Technology Testing, Processes, Solutions, Products, Services, New Business Models

1. Controlled testing refers to the act of competent state authorities allowing organizations and enterprises to implement controlled testing for new technologies, processes, solutions, products, services, and business models that are not regulated by law or differ from current legal regulations, under limited conditions regarding scope, time, and space.

2. Permission for controlled testing must ensure the following principles:

a) Transparency and openness regarding criteria, conditions, and evaluation procedures;

b) Equality among organizations and enterprises in proposing, registering, and exercising rights and responsibilities during controlled testing;

c) Meeting requirements related to national defense, security, public order, social safety, public interest, and protection of participants' rights in controlled testing;

d) Selecting scope, time, and space to minimize negative impacts on economic and social life.

3. Contents of controlled testing include:

a) Objectives of controlled testing;

b) Participants in controlled testing;

c) Conditions and criteria for new technologies, processes, solutions, products, services, and business models subject to controlled testing;

d) Competent authority granting permission for controlled testing;

đ) Principles for reviewing organizations and enterprises applying for controlled testing;

e) Procedures for granting permission, adjustment, extension, suspension, and termination of controlled testing;

g) Time, space, and scope of controlled testing;

h) Control mechanisms during controlled testing including monitoring systems, periodic reporting requirements, feedback mechanisms from controlled testing participants, and methods for evaluating testing results;

i) Rights and responsibilities of agencies, organizations, enterprises, and individuals during controlled testing;

k) Measures to protect the rights of participants in controlled testing;

l) Other requirements and guidelines to be followed during controlled testing.

4. The duration of permission for controlled testing is determined based on the proposal of organizations and enterprises but shall not exceed three years and may be extended once for up to three years.

5. Implementation of controlled testing must be reviewed and summarized for competent authorities to consider and decide on continuing controlled testing or issuing normative legal documents for formal application.

6. Based on practical management requirements of each sector and field, the Government may issue detailed regulations for Clause 3 of this Article and necessary contents to handle issues arising differently from laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, reports to the Standing Committee of the National Assembly, and the most recent session of the National Assembly.

Article 22. Exemption and exclusion of liability in controlled testing activities

During the process of controlled testing, in cases where damage or risks occur, the exemption and exclusion of liability in controlled testing activities shall be carried out according to the following principles:

1. The competent authority granting permission for controlled testing; organizations and individuals directly involved in assessing, licensing, supervising, and evaluating controlled testing shall be exempted or excluded from liability when they have fully complied with the provisions on controlled testing under this Law and other relevant laws, acted in good faith for the common benefit, except in cases where they knew or were compelled to know about the risk to the controlled testing process but did not apply appropriate measures to prevent or limit potential damage. The liabilities that can be exempted or excluded include:

a) Exemption from civil liability for damage caused to the State, organizations, and other individuals during the assessment, licensing, supervision, and evaluation of controlled testing;

b) Exclusion from administrative liability for violations of administrative penalty laws;

c) Exclusion from criminal liability as provided for in the Criminal Code for risks arising from research, testing, and application of scientific, technical, and technological progress;

2. Organizations and enterprises granted permission to conduct controlled testing, and individuals conducting controlled testing shall be exempted or excluded from liability when they have fully complied with the provisions of this Law and other relevant laws, except in cases where they knew or were compelled to know about the risk but failed to promptly report such risks to the competent state authorities and implement preventive measures to limit potential damage. The liabilities that can be exempted or excluded include:

a) Exemption from civil liability for damage caused to the State but must bear civil liability for damage caused to other organizations and individuals during the controlled testing;

b) Exclusion from administrative liability for violations of administrative penalty laws;

c) Exclusion from criminal liability as provided for in the Criminal Code for risks arising from research, testing, and application of scientific, technical, and technological progress.

Article 23. Protection of Participants in Controlled Testing Activities

To protect the rights and legitimate interests of participants during and after the completion of controlled testing activities, organizations and enterprises granted permission for controlled testing shall have the following responsibilities:

1. Provide risk warnings to participants during the controlled testing period; ensure the provision of accurate, complete, and truthful information about new technologies, procedures, solutions, products, services, business models, costs of using products and services, and other costs (if any), as well as the rights and obligations of participants in controlled testing;

2. Establish mechanisms for managing test data; develop and ensure compliance with internal procedures and measures to control risks associated with unauthorized access or use of personal data, fraud, and theft of personal information of participants in controlled testing;

3. Regularly assess risks, ensure the implementation of preventive measures against risks and remediation of consequences during and after the completion of controlled testing; promptly inform participants in controlled testing of any changes in the level of risk associated with new technologies, procedures, solutions, products, services, and business models;

4. Publicize the point of contact for handling complaints from participants in controlled testing. In case of disputes or complaints, organizations and enterprises granted permission for controlled testing shall be responsible for receiving and addressing all review and complaint requests from participants in controlled testing. The time frame for resolving review and complaint requests shall be implemented according to the plan approved by the competent authority in the application for controlled testing;

5. Fulfill compensation for damages and perform other civil obligations as prescribed by civil laws during and after the completion of controlled testing, except for cases where liability is exempted or excluded as stipulated in Clause 2 of Article 22 of this Law;

6. Other responsibilities as prescribed by law.

Section 3

ASSET DISPOSITION, MANAGEMENT, AND COMMERCIALIZATION OF RESULTS

SCIENTIFIC AND TECHNOLOGICAL TASKS AND INNOVATION ACTIVITIES

Article 24. Handling of assets equipped to perform scientific and technological tasks and innovation

1. For assets equipped from state budget funds, the State automatically transfers management and usage rights, ownership rights of the equipped assets to the leading organization of the task immediately after the asset is equipped; there is no need to implement procedures for transferring management and usage rights, ownership rights; there is no need to compensate for the value of the asset; there is no increase in state investment capital in enterprises.

2. The leading organization of scientific and technological tasks and innovation shall manage and monitor the assets specified in Clause 1 of this Article according to the relevant laws corresponding to the type of activity of the organization immediately upon formation of the asset; it has the responsibility to use the asset effectively to perform scientific and technological tasks and innovation. For assets that have completed their intended purpose in scientific and technological tasks and innovation, the leading organization is autonomous and responsible for the following activities:

a) Managing and using the asset to ensure efficiency, transparency, and openness;

b) Disposing of the asset in cases where the asset is damaged, obsolete, or no longer needed for use through sale, liquidation, destruction, or other methods as prescribed by law;

c) Deciding independently on the management and use of remaining raw materials and consumables when the task ends;

d) Managing and using the proceeds from the disposal of the asset (if any).

3. The handling of assets equipped from non-state budget funds shall be carried out according to the agreement of the parties contributing the funds when performing the task.

4. The Government shall provide detailed regulations on this matter.

Article 25. Rights to manage, use, and own research results, technological development, and innovation

1. Organizations and individuals contributing assets and finance to conduct scientific research, technological development, and innovation are the owners of the research results, technological development, and innovation corresponding to the contribution ratio agreed upon, except in cases where the parties have a different agreement or the result falls within the scope of intellectual property protection of another person.

2. The leading organization implementing scientific and technological tasks and innovation is automatically granted by the State the right to manage, use, and own the portion of the task's research results, technological development, and innovation corresponding to the state budget funding, without having to implement procedures for granting management and usage rights, ownership rights, and without having to compensate costs to the State, except in the following cases:

a) Scientific and technological tasks and innovation in the defense and security sector where the leading organization is not an agency, unit, or enterprise under the Ministry of National Defense or the Ministry of Public Security;

b) Scientific and technological tasks and innovation where the leading organization is a foreign legal entity, an organization with foreign investors holding more than 50% of the charter capital or share capital, or an organization with its main office located abroad;

c) Scientific and technological tasks and innovation commissioned by the State and at the time of commissioning, the task clearly requires the State to hold the right to manage, use, and own the task's results to serve the interests of the State, widely disseminate to serve the community, prevent and treat diseases, ensure nutrition for the people, or meet other urgent social needs. The commissioning agency is responsible for receiving and deciding on the management and use of the task's scientific and technological research results and innovation.

3. For the results of scientific and technological tasks and innovation funded entirely or partially by the state budget, if the result is immovable property attached to land under the use right or attached to assets owned by organizations or individuals participating in scientific and technological tasks and innovation, the State automatically transfers management and usage rights, ownership rights of the property corresponding to the state budget portion attached to the land or attached to the assets of organizations or individuals to the organizations or individuals with the right to use the land or own the assets, without having to implement procedures for granting rights and without having to compensate costs to the State.

In case of not accepting the management and usage rights, ownership rights of the asset stipulated herein, the organization or individual with the right to use the land or own the asset attached to the result shall be responsible for cooperating with the leading organization to handle the matter.

4. The organization granted the right to manage, use, and own the results of scientific and technological tasks and innovation shall separately track the results, not consolidate them into the organization's assets, asset values, and state capital; there is no need to determine original cost, residual value, depreciation, and amortization of assets; it can independently decide to continue investing in research, development, application, commercialization of research results and perform other rights and responsibilities as prescribed by the Government.

For the results of scientific and technological tasks and innovation funded by the state budget that are prototypes or sample products, the leading organization can independently decide on separate tracking, selling, destroying, or reusing.

5. The State will reclaim the results or allow other organizations and individuals to use the results of scientific and technological tasks and innovation fully funded by the state budget in the following cases:

a) When necessary to widely disseminate to serve the community, prevent and treat diseases, ensure nutrition for the people, or meet other urgent social needs;

b) When three years have passed since the end of the scientific and technological task and innovation, the leading organization does not implement the application of the task's results, but another organization or individual has the need to continue developing and applying.

6. Research results, technological development, and innovation involving core data storage, important data processing, cross-border data transfer shall be handled in accordance with the Data Law.

7. The Government shall provide detailed regulations on this matter.

Article 26. Control of Transfer of Results of Scientific and Technological Tasks and Innovation Using State Budget to Foreign Organizations and Individuals

1. Organizations and individuals entrusted with the right to manage, use, and ownership of the results of scientific and technological tasks and innovation have the right to transfer ownership or management and usage rights of such results in accordance with the provisions of the law. For the transfer of the results of scientific and technological tasks and innovation to foreign organizations and individuals, they must also comply with the provisions of the law on technology transfer.

2. The results of scientific and technological tasks and innovation using state budget that belong to the Priority Investment Development List for High-Tech Technologies as prescribed by the law on high-tech technologies must be publicly announced on the National Science, Technology, and Innovation Management Digital Platform and reserved priority access rights for domestic organizations and individuals for a minimum period of 12 months before transferring them abroad.

3. The transfer of the results of scientific and technological tasks and innovation involving core data storage, processing, important data, and cross-border data transmission shall be carried out in accordance with the provisions of the Data Law.

4. Organizations and individuals implementing the transfer shall be responsible for fulfilling their financial obligations to the State in accordance with the provisions of the law.

Article 27. Commercialization of Research and Development Results and Innovation

1. The owner of research and development results and innovation has the right to independently decide on the commercialization of such results.

2. Organizations entrusted with the right to manage and use research and development results and innovation have autonomy and independence in deciding on the form, plan, price, and profit distribution in the commercialization of research and development results and innovation. Forms of commercialization include leasing, selling, transferring usage rights; service business; cooperation, joint ventures, joint operations, establishment of enterprises; self-exploitation, use.

In cases where capital contribution is made using research and development results and innovation, the decision on the capital contribution plan, valuation for contribution, and contribution ratio, as well as the division of results from cooperative, joint venture, and joint operation activities, shall be independently decided.

3. In cases where the results of scientific and technological tasks and innovation use part of the state budget, the leading organization entrusted with the management and use rights corresponding to the state budget funds may independently decide on negotiating and agreeing with other owners to organize commercialization according to the provisions of Clause 1 and Clause 2 of this Article.

4. The leading organization implementing scientific and technological tasks and innovation is responsible for applying measures to prevent loss, waste, and corruption; publicly disclosing information on the commercialization of scientific and technological task and innovation results; reporting the results and effectiveness of commercialization according to the requirements of the competent authority.

5. The supervisory agency of the leading organization implementing scientific and technological tasks and innovation is responsible for inspecting and monitoring the leading organization's use of scientific and technological task and innovation results funded by the state budget to prevent loss, waste, and corruption.

6. The Government shall provide detailed regulations for this Article.

Article 28. Distribution of Profits from Commercialization of Scientific Research Results, Technological Development, and Innovation

1. Intermediary organizations and brokers shall be entitled to a portion of the profits derived from the commercialization activities of scientific research results, technological development, and innovation based on the value of the commercialization contracts or through agreements among the parties.

2. For the portion of profits corresponding to scientific research results, technological development, and innovation that were not funded by state budget during the commercialization process, the owner of the results may independently decide how to handle the profits, including rewarding the authors of the scientific research results, technological development, and innovation (if applicable).

3. For the portion of profits corresponding to the part of scientific and technological tasks and innovation utilizing state budget during the commercialization process, the organization leading the task shall use the post-tax profit for the following purposes:

a) Rewarding the authors of the scientific and technological task results and innovation at least 30% of the profits obtained from leasing, selling, transferring, assigning usage rights, self-exploitation, or using the results; at least 30% of the value of the scientific and technological task results and innovation determined when contributing capital, cooperating, joint ventures, joint operations, service provision, or establishing enterprises;

b) Rewarding individuals who directly contribute to organizing the commercialization activities;

c) Reinvesting in scientific, technological, and innovation activities;

d) Other purposes.

4. In cases where the scientific and technological task results and innovation utilizing state budget are inventions, layout designs, industrial designs, and plant varieties protected under the Intellectual Property Law, the author shall enjoy the benefits stipulated in Clause 3 of this Article and also enjoy other benefits prescribed by the Intellectual Property Law.

5. The author of the scientific and technological task results and innovation is the person directly creating the results; if two or more persons jointly create the results, they are co-authors. In cases with co-authors, the reward for the author's profit share is allocated among the co-authors. Co-authors shall agree on the distribution of the received profits.

6. The Government shall provide detailed regulations for this Article.

Chapter III

FOR SCIENTIFIC RESEARCH AND TECHNOLOGICAL DEVELOPMENT

Article 29. Scientific Research

1. State policies to promote basic research include:

a) The State invests in basic research to build a foundation for the national science and technology system, playing a leading role in knowledge development, providing a basis for applied research, technological development, and innovation, enhancing national scientific potential and status, and contributing to improving national competitiveness over the long term;

b) The State develops basic research according to focused priorities, concentrating resources on certain fields of science with strengths to achieve regional and international levels or public welfare fields with strategic importance; promoting basic research arising from needs during the implementation of applied research and technological development, especially strategic technologies;

c) The State allocates resources for basic research at research institutes and higher education institutions based on their functions and strengths, and according to the effectiveness of their operations.

The state budget supports investment in building physical infrastructure, technical facilities, equipment for research and training high-quality human resources, attracting talent, international cooperation, ensuring funding for research activities and other capacity-building activities. The State supports from the state budget for research, training, workshops, internships, academic exchanges, research funding, participation in conferences, scientific publications, and related activities.

2. State policies for applied research activities include:

a) The State prioritizes resource allocation to promote applied research aimed at solving practical problems, contributing to economic and social development, improving quality of life, and ensuring national defense and security;

b) The State focuses investment on applied research tasks in fields with urgent needs, development potential, and applicability to production and daily life;

c) The State encourages research institutes, higher education institutions, and other scientific and technological organizations to collaborate with businesses in proposing, implementing, and applying applied research results in practice.

3. State policies for research in political theory sciences, social sciences, and humanities include:

a) The State emphasizes the development of research in political theory sciences, social sciences, and humanities, particularly research providing scientific grounds for Party guidelines, state policies, and laws; research preserving and promoting the value of national culture, people, and society; contributing to laying the groundwork for economic, cultural, and human development;

b) The State promotes the connection between political theory sciences, social sciences, and humanities with other fields; prioritizing state budget funding for interdisciplinary scientific, technological, and innovation tasks combining natural sciences, engineering sciences with social sciences and humanities, especially in new technology fields;

c) The State encourages and creates conditions for organizations and individuals to conduct integrated scientific research and technological development incorporating political theory sciences, social sciences, and humanities to assess the social impact, ethics, culture, and psychology of new technologies on people and communities;

d) The State encourages the implementation of applied research and experimental research in political theory sciences, social sciences, and humanities to evaluate the effectiveness, feasibility, and practical impact of models, solutions, and policies before wide-scale application.

đ) The State prioritizes budget allocation and technical support for research and application projects in the fields of theoretical political science, social sciences, and humanities aimed at addressing social issues.

4. The Government shall provide detailed regulations on this matter.

Article 30. Technological Development

1. The State recognizes technological development as a bridge between scientific research and innovation, playing a central role in transforming knowledge into products, services, and socio-economic value.

2. The State encourages and supports the development of technology from scientific research results, inventions, initiatives, useful solutions, and other sources of knowledge to create, improve, perfect, and master technology; enhance indigenous technological capacity, increase the localization rate of domestic products and goods, and their applicability in production and daily life.

3. The State prioritizes support for technological development in high-tech fields, strategic technologies, dual-use product technologies, and technologies capable of breaking through productivity, quality, economic and social efficiency, ensuring national defense and security.

4. The State supports technological development through the following forms:

a) Funding and commissioning research and technology development tasks;

b) Supporting investment in the construction of infrastructure for research and technology development, key laboratories, and centers for research and technology development in certain priority areas.

5. The Government shall provide detailed regulations on this matter.

Article 31. Special Mechanisms for Decoding Technology and Purchasing Technology Secrets

1. In cases where state budget funds are used to implement scientific and technological tasks and innovation with the goal of decoding technology for strategic technology development and purchasing technology secrets, the organizing bodies of such tasks may apply the following special mechanisms:

a) Using the allocated funds to designate the hiring of domestic and foreign experts and pay according to agreed financial terms;

b) Using the allocated funds to directly purchase necessary foreign technology, products, and equipment for decoding purposes at agreed prices; directly purchase technology secrets at agreed prices;

c) Products and equipment after decoding are considered consumables and not included in the asset value of the organizing body;

d) Other special mechanisms.

2. Enterprises may use funds from the science and technology development fund or direct expenses outside the science and technology development fund to decode technology and purchase technology secrets.

For key projects and strategic technology development projects, state-owned enterprises may apply special mechanisms, including:

a) Designating the hiring of domestic and foreign experts and paying according to agreed financial terms;

b) Being allowed to designate suppliers and apply negotiation pricing methods to directly purchase foreign technology, products, and equipment for decoding technology and developing strategic technology; directly purchase technology secrets. Products and equipment after decoding are considered consumables and not included in the enterprise's asset value;

c) Implementing cooperative research tasks with foreign countries to access and master technology;

d) Acquiring enterprises, laboratories, research and development centers; merging enterprises to own technology secrets;

đ) Necessary costs for serving research, accessing, purchasing technology secrets, and decoding advanced foreign technology.

3. The Government shall provide detailed regulations on this Article.

Article 32. Promoting cooperation and sharing in scientific research

1. The State encourages the sharing of data, methods, and research results, including the use and development of open-source technology, ensuring transparency and accessibility while protecting intellectual property rights and personal data protection. The State builds infrastructure and sets technical requirements for sharing data and publishing research results, ensuring information security, interoperability, and reusability.

2. Enterprises and communities are encouraged to participate in using and contributing data, research results, and developing open-source technology.

Article 33. Application of science and technology in investment projects and socio-economic development programs

1. The State prioritizes financial support for implementing research and technology development content to serve the construction of bases during the preparation, implementation, and resolution of issues arising during the execution phase of investment projects and socio-economic development programs funded by the state budget.

2. The State prioritizes financial support for implementing research and theoretical political science, social science, and humanities development content to serve the construction of arguments and resolution of issues arising during the execution phase of investment projects for building institutions, cultural, social, and human development.

Chapter IV

PROMOTING INNOVATION AND CREATIVITY

IN ENTERPRISES AND THE ECONOMY

Article 34. Promoting the development of an innovation system centered on enterprises

1. The State promotes comprehensive development of an innovation system centered on enterprises, ensuring effective connections between enterprises, educational institutions, research facilities, intermediary organizations, government agencies, and the community. The State plays a role in shaping and guiding through the improvement of institutional frameworks, establishing appropriate financial mechanisms, and ensuring a favorable enforcement environment.

2. The State promotes and develops the innovation system at the national, sectoral, and local levels.

3. The State encourages and promotes the central role of enterprises in the innovation system through the following measures:

a) Funding tasks focused on implementing innovation and creative entrepreneurship activities and commercializing research results;

b) Funding tasks providing services and support for enterprise scientific research, technological development, and innovation activities;

c) Funding tasks aimed at supporting enterprises in adopting and mastering technology, particularly foreign-origin technology;

d) Implementing preferential policies on finance, taxation, land, bidding, and credit to facilitate enterprises in conducting scientific research, technological development, and innovation to enhance technological level, productivity, quality, and competitiveness of products and goods;

đ) Encouraging organizations and enterprises to invest and fund scientific research, technological development, and innovation; organizations and individuals receiving investment and funding may spend according to the investor's and sponsor's standards;

e) Developing public-private partnership investment models in infrastructure construction and service provision, especially in priority areas, new fields, and high-risk areas.

4. The Government shall provide detailed regulations on this matter; regulations on innovation activities in enterprises.

Article 35. Encouraging scientific research, technological development, and innovation activities in enterprises

1. The State encourages and supports enterprises in conducting scientific research, technological development, and innovation activities; investing in upgrading equipment to serve these activities.

2. Business expenses for sponsoring scientific research, technological development, and innovation, as well as expenditures for scientific research, technological development, and innovation, shall be included in deductible costs when determining taxable income according to the provisions of the Law on Corporate Income Tax.

3. When determining taxable income, business costs for research and development activities shall be deducted at a percentage rate based on the actual costs of such activities according to the provisions of the Law on Corporate Income Tax.

4. The Government shall provide detailed regulations on this matter.

Article 36. Supporting enterprises in strategic technology development investment

1. The State implements policies to support, invest, cooperate, and assign tasks to Vietnamese enterprises to develop strategic technologies through the following methods:

a) Investing in building infrastructure and specialized support services in industrial zones and high-tech parks to attract enterprises to build shared experimental and research facilities;

b) Investing in constructing material and equipment bases for shared experimental and research facilities to attract enterprises to participate in exploitation and operation;

c) Implementing projects to develop strategic technologies;

d) Sponsoring and commissioning enterprises to carry out scientific and technological tasks and innovation missions serving the development of strategic technologies.

2. Projects specified in points a, b, and c of Clause 1 of this Article, if implemented under the public-private partnership model, shall comply with the provisions of the Law on Investment under the Public-Private Partnership Model.

3. The Government shall provide detailed regulations on this Article.

Article 37. Ensuring rights and support mechanisms for non-public organizations in scientific, technological, and innovative activities

1. Non-public organizations engaged in scientific, technological, and innovative activities, including private enterprises, private research institutes, private science and technology organizations, private non-profit organizations, and other non-public organizations (hereinafter referred to collectively as non-public organizations), shall be guaranteed equal access to State policies, programs, and support resources according to the provisions of this Law.

2. Non-public organizations have the following rights:

a) Participating in the selection, bidding, or tendering to undertake scientific, technological, and innovative tasks funded by the State budget;

b) Being granted ownership or usage rights over research results created from scientific, technological, and innovative tasks funded by the State budget, carried out by the organization according to the mechanism stipulated in this Law;

c) Accessing, leasing, and using public technical infrastructure, material and equipment bases, and state assets in the fields of science, technology, and innovation on a transparent, fair basis;

d) Enjoying preferential policies on tax, credit, land, venture capital, access to technology trading platforms, and other benefits similar to those enjoyed by public organizations.

3. Non-public organizations may participate in cooperation with public organizations in scientific research, technological development, and commercializing research outcomes. Cooperation shall be conducted on a voluntary basis, respecting intellectual property rights, and sharing benefits and risks in proportion to each party's contribution.

Article 38. Promoting a culture of innovation and creative entrepreneurship

1. The culture of innovation and creative entrepreneurship is a system of models, behavioral standards, rules, beliefs, habits, perceptions, approaches that influence the actions of organizations, individuals, and communities in activities of innovation and creative entrepreneurship.

2. The State promotes, disseminates, and spreads the culture of innovation and creative entrepreneurship through policies, programs, tasks, supportive activities for innovation and creative entrepreneurship, organizing events, performances, awards related to innovation and creative entrepreneurship.

3. The Government shall provide detailed regulations on this Article.

Article 39. Science and Technology Enterprises

1. Science and technology enterprises are businesses engaged in research, development, technology transfer, technological innovation, possessing the capacity to absorb and master technology, and generating economic, social, and environmental benefits.

2. Science and technology enterprises are prioritized for leasing land and infrastructure in industrial zones, export processing zones, economic zones, high-tech zones, high-tech agricultural application zones, concentrated digital technology zones; they are prioritized for using research and development equipment at shared laboratories, incubation bases, innovation centers; they are supported in information, communication, and trade promotion.

3. Science and technology enterprises have the responsibility to provide information on their operational status and the results of benefiting from supportive policies for state management.

4. The Government shall specify this Article; it shall stipulate conditions, procedures, authorities for certifying science and technology enterprises.

Article 40. National Venture Capital Fund and Local Venture Capital Funds

1. The National Venture Capital Fund is established to invest in, co-invest with innovative startups, invest in other funds for startups, support the national startup ecosystem. The National Venture Capital Fund is capitalized with state budget funds and has the right to receive donations, grants, and other lawful capital without increasing the fund's charter capital.

2. Provincial People's Committees base on resource conditions, practical needs, decide on establishing local venture capital funds to invest in startups, supporting the local startup ecosystem. Local venture capital funds are capitalized with state budget funds and have the right to receive donations, grants, and other lawful capital without increasing the fund's charter capital.

3. The fund operates according to market principles, transparency, accepting controlled risks, where the total loss arising from investment activities does not exceed the risk threshold determined in the investment strategy or plan, based on the overall investment portfolio and within a defined investment cycle approved by the competent authority in accordance with the Government's regulations. The fund does not apply the requirement of capital preservation annually, per project, specific task.

4. The National Venture Capital Fund and local venture capital funds cooperate, hire professional organizations and individuals to manage and operate; have mechanisms for cooperation and coordination to effectively utilize domestic and foreign fund resources, experts; have independent monitoring and evaluation mechanisms regarding risks, investment effectiveness, social impact, effectiveness of private sector investment attraction; have the obligation to publish periodic reports, explain, provide information for state management.

5. Organizations and individuals managing and operating the National Venture Capital Fund and local venture capital funds are exempted from civil liability, excluded from administrative responsibility related to investment losses if the losses arise from objective risks and they fully comply with investment principles, internal regulations of the fund, and the obligation of transparency and honesty during the investment decision-making process.

6. The Government shall specify this Article; it shall stipulate the establishment, organizational structure, operation, management, proportion of state budget capital, use of capital, supervision mechanism for the National Venture Capital Fund and local venture capital funds.

Article 41. Specialized securities trading market organization for innovative startups

1. The Vietnam Stock Exchange and its subsidiaries shall organize a specialized securities trading market for innovative startups through a dedicated trading board to list the shares of such startups.

2. Participants in the specialized securities trading market for innovative startups include professional securities investors as defined by securities laws, the National Venture Capital Fund, local venture capital funds, corporate science and technology development funds, financial institutions and domestic and international startup investment funds, startup support organizations, innovative startups, individual investors recognized by competent authorities for startup investments, and other entities as prescribed by the Government.

3. The Government shall provide detailed regulations on this matter; prescribe special conditions for listing and trading of shares of innovative startups.

Chapter V

BUILDING POTENTIAL

SCIENCE, TECHNOLOGY, AND INNOVATION

Section 1

ORGANIZATIONS OPERATING IN THE FIELD

SCIENCE, TECHNOLOGY, AND INNOVATION

Article 42. Development of Organizations Operating in Science, Technology, and Innovation Fields

1. The State shall promote the development of organizations operating in science, technology, and innovation fields, regardless of public or private status; prioritize resources for the formation and development of certain organizations with leading roles in scientific research, technological development, and innovation.

2. The Government shall specify the types of organizations operating in science, technology, and innovation fields.

Article 43. Science and Technology Organizations

1. The forms of science and technology organizations are specified as follows:

a) Scientific research organizations and scientific research and technology development organizations may be established in the form of academies, institutes, centers, and other forms prescribed by the Government;

b) Higher education institutions shall be established according to higher education laws; hospitals shall be established according to medical examination and treatment laws;

c) Science and technology service organizations may be established in the form of centers, offices, and other forms prescribed by the Government.

2. Science and technology organizations shall be established when they meet the following conditions:

a) Having organizational and operational charters, objectives, and directions consistent with legal provisions;

b) Possessing scientific and technological human resources and material-technical infrastructure that meet the requirements for achieving their objectives, directions, and organizational and operational charters;

c) For organizations with foreign capital, having purposes, contents, and areas of operation consistent with legal provisions, ensuring national defense and security, and meeting Vietnam's development needs, and being permitted to establish headquarters in Vietnam.

3. Organizations and individuals may establish or contribute capital to establish science and technology organizations in accordance with the law. The Prime Minister shall stipulate the areas in which individuals may establish or contribute capital to establish science and technology organizations.

4. Organizations established in compliance with Clause 2 of this Article shall be issued a Certificate of Registration for Science and Technology Organization after registering with the competent state agency.

5. Higher education institutions and hospitals established in accordance with higher education laws and medical examination and treatment laws, within the functions and tasks prescribed by authorized bodies, which have research, technology development, or science and technology service and innovation functions shall be issued a Certificate of Registration for Science and Technology Organization.

6. Science and technology organizations shall have the following rights:

a) To operate independently and take responsibility for scientific, technological, and innovation activities within the scope certified; to be allowed to register business operations and engage in other fields as prescribed by relevant laws;

b) To establish science and technology organizations, affiliated enterprises, representative offices, and branches both domestically and internationally with appropriate scopes of operation as prescribed by law;

c) To cooperate, joint venture, receive sponsorship, and contribute capital in the form of money, assets, intellectual property rights for scientific, technological, and innovation activities and production and business operations as prescribed by law;

d) To convert into enterprises as prescribed by law;

đ) To be prioritized to enjoy incentives under the Corporate Income Tax Law, Value Added Tax Law, Export Tax Law, and Import Tax Law;

e) To be supported in using science and technology infrastructure funded from the state budget.

7. Science and technology organizations shall have the following obligations:

a) To conduct scientific, technological, and innovation activities strictly within the fields specified in the Certificate of Registration for Science and Technology Organization;

b) To ensure continuous compliance with the conditions for science and technology organizations throughout their operations;

c) To comply with state management requirements for science, technology, and innovation;

d) To fulfill responsibilities for disseminating knowledge and promoting scientific, technological, and innovation development;

đ) To update annual activity information on the National Science, Technology, and Innovation Management Platform.

8. The Government shall provide detailed regulations on this matter; stipulate the authority, procedures, and formalities for establishing, merging, consolidating, splitting, separating, and dissolving science and technology organizations.

Article 44. Responsibilities of the Managing Authority of Scientific and Technological Organizations

1. Inspect and supervise to ensure that scientific and technological organizations comply fully with all conditions for establishment and operation according to the fields specified in the Certificate of Registration for Scientific and Technological Organizations.

2. Evaluate the effectiveness of the activities of scientific and technological organizations as a basis for determining the level of financial support from the state budget, adjusting, suspending, or terminating the operations of scientific and technological organizations.

3. Be responsible for implementing the merger, consolidation, division, separation, or dissolution of scientific and technological organizations in accordance with the provisions of the law.

Article 45. Public Scientific and Technological Organizations

1. Public scientific and technological organizations are scientific and technological organizations established and managed by state agencies with competent authority, political organizations, and socio-political organizations.

2. The State invests in physical infrastructure, supports operating funds, grants autonomy and self-responsibility to public scientific and technological organizations regarding organizational structure, personnel, finance, international cooperation, joint ventures, and joint operations.

3. Public scientific and technological organizations, except higher education institutions, have the right to have concurrent personnel with higher education institutions.

4. Public scientific and technological organizations may be established, participate in establishing, or contribute capital to businesses to commercialize research results, technological development, and innovation; they may appoint civil servants to manage businesses or work regularly at businesses.

5. Public scientific and technological organizations may appoint civil servants to work at businesses or other scientific and technological organizations for a certain period to exchange academic knowledge, enhance capabilities, and understand technology needs; they are responsible for maintaining salary systems, career planning, appointments, commendations, and other policies for appointed civil servants.

6. The Government shall provide detailed regulations for this Article.

Article 46. Special Public Scientific and Technological Organizations

1. Special public scientific and technological organizations are public scientific and technological organizations applying special mechanisms regarding finance, organizational structure, staffing, and personnel according to the Government's regulations.

2. Special public scientific and technological organizations as stipulated in Clause 1 of this Article include:

a) Organizations established by authorized agencies based on cooperation documents with international or national organizations to directly implement or support scientific research, technological development, and innovation in priority investment areas in Vietnam;

b) Excellence centers and research institutes established to gather domestic experts and scientists, Vietnamese scientists residing abroad, and foreign scientists to work part-time or on assignment.

3. The Government shall provide detailed regulations on this Article.

Article 47. Research and Development Centers, Innovation Centers, and Entrepreneurship Support Centers

1. Research and development centers, innovation centers, provincial-level innovation centers, national-level innovation centers, entrepreneurship support centers, provincial-level entrepreneurship support centers, and national-level entrepreneurship support centers are determined based on criteria related to technical infrastructure, resources, implementation capacity, objectives, and activity outcomes.

2. Types of organizations engaged in research and development, innovation, entrepreneurship, innovation support, and entrepreneurship support that meet the criteria specified in Clause 1 of this Article may request competent authorities to recognize them as a basis for applying preferential policies and support according to the law.

3. Organizations as stipulated in Clauses 1 and 2 of this Article are prioritized for leasing land and infrastructure in industrial zones, export processing zones, economic zones, high-tech zones, high-tech agricultural application zones, and centralized digital technology zones; they are prioritized for using research and development equipment at shared laboratories, incubation facilities, and innovation centers; they are supported with information, communication, and trade promotion; they enjoy benefits and support according to the law; they are responsible for providing information about their operational status and the results of enjoying preferential policies and support for state management purposes.

4. The Government shall provide detailed regulations on this matter.

Article 48. Public Service Units in the Field of Science, Technology, and Innovation

Public service units in the field of science, technology, and innovation include:

1. Public scientific and technological organizations, except higher education institutions, hospitals, and scientific and technological organizations under higher education institutions and hospitals;

2. Public innovation centers;

3. Public startup support centers;

4. Other organizations established by competent state agencies to provide public services and serve state management in the field of science, technology, and innovation.

Section 2

DEVELOPMENT OF HUMAN RESOURCES

SCIENCE, TECHNOLOGY, AND INNOVATION

Article 49. Human Resources Engaged in Scientific, Technological, and Innovative Activities

Human resources engaged in scientific, technological, and innovative activities include individuals managing, directly implementing, or supporting scientific, technological, and innovative activities.

Article 50. Scientific Titles, Technological Titles

1. Scientific titles and technological titles are names indicating the level and professional expertise, skills of individuals working in the fields of science, technology, and innovation.

2. Individuals engaged in scientific, technological, and innovative activities participating in teaching and university-level training may be recognized and appointed professor and associate professor positions according to the provisions of the Higher Education Law.

3. Individuals with a doctoral degree or outstanding works and high awards in science, technology, and innovation may be recognized and appointed to higher scientific and technological titles regardless of years of service.

4. The Government shall provide detailed regulations on this matter.

Article 51. Rights of Individuals Engaged in Scientific, Technological, and Innovative Activities

1. Freedom of creativity and equality in scientific, technological, and innovative activities.

2. Being assigned tasks, provided with means, and given appropriate working conditions by their employing agency, organization, or unit.

3. Participating in advising and proposing opinions on policies, laws, the Strategy for the Development of Science, Technology, and Innovation, plans for science, technology, and innovation.

4. Cooperating with other organizations and individuals to engage in scientific, technological, and innovative activities, signing scientific, technological, and innovative contracts.

5. Accessing information and databases on science, technology, and innovation to conduct scientific, technological, and innovative activities.

6. Participating in organizations operating in the field of science, technology, and innovation; joining science, technology, and innovation associations.

7. Participating in training, consulting, scientific conferences, seminars; international cooperation activities in science, technology, and innovation.

8. Being recognized and appointed to scientific and technological titles according to the provisions of this Law.

9. Being awarded, enjoying benefits, preferential rights, and support according to the provisions of this Law and other relevant laws.

Article 52. Obligations of Individuals Engaged in Scientific, Technological, and Innovative Activities

1. Contributing intelligence and talent to the development of science, technology, and innovation, economic and social development, national defense, and security.

2. Adhering to scientific integrity and professional ethics in scientific, technological, and innovative activities.

3. Fulfilling the responsibility to communicate and disseminate knowledge, results, and achievements of science, technology, and innovation to the community.

4. Adhering to the regulations of the workplace organization, agreements with funding organizations when providing, publishing research results, registering intellectual property rights, transferring technologies created from research outcomes, technological development, and innovation of that organization.

5. Fulfilling other obligations according to the provisions of this Law and other relevant laws.

Article 53. Chief Engineer for Science, Technology, and Innovation

1. In cases deemed necessary, the competent state agency shall decide to assign the position of Chief Engineer to a person with reputation, experience, and outstanding capability to lead the implementation of the following programs and tasks:

a) Special science, technology, and innovation programs and tasks;

b) Strategic science and technology development programs;

c) Other large-scale science, technology, and innovation programs and tasks with special significance, inter-disciplinary nature, and importance to socio-economic development as prescribed by the Government.

2. During the implementation of assigned programs and tasks, the Chief Engineer shall have the following responsibilities and authorities:

a) To develop, submit for approval, and be responsible for the overall architecture and technological roadmap;

b) To make decisions on technical and strategic technological issues, and resolve complex technical difficulties;

c) To approve major design changes;

d) To direct and provide professional guidance to program and task leaders, components (if any), and related units;

đ) To have full access to information and request explanations;

e) To retain professional opinions and report directly to the highest authority when there are significant differences;

g) To participate in reviewing and evaluating related proposals and projects;

h) To bear personal responsibility before the competent authority for the technical and technological outcomes of the programs and tasks.

3. The authority and selection procedures for the Chief Engineer shall be prescribed by the Government.

4. Besides enjoying incentives stipulated in Clause 1 of Article 55 of this Law, during the implementation of assigned programs and tasks, the Chief Engineer shall also enjoy the following incentives:

a) To receive special allowances and salary according to agreement; to be provided with official accommodation under the law on housing by the State budget; to be provided with official transportation means during the performance of duties; to ensure social welfare for the Chief Engineer and his/her family;

b) To propose the competent authority to mobilize human resources engaged in science and technology activities, scientific and technological organizations to participate in the implementation of tasks; to independently select, mobilize, and utilize human resources within the scope of programs and tasks; to hire domestic and foreign experts and pay according to agreed financial terms;

c) To independently decide on the use of allocated funds and resources, including funds for directly purchasing foreign technologies, products, and equipment necessary for decoding at agreed prices, and directly purchasing foreign technological secrets at agreed prices;

d) To be facilitated and financially supported for scientific exchanges and surveys with foreign scientists to update new technologies.

5. In the field of national defense industry, security, and industrial mobilization, the recognition of the Chief Engineer shall be carried out in accordance with the laws on national defense industry, security, and industrial mobilization. The Chief Engineer in the field of national defense industry, security, and industrial mobilization shall enjoy incentives as prescribed by this Law and the Law on National Defense Industry, Security, and Industrial Mobilization.

6. The Government shall provide detailed regulations for this Article.

Article 54. Attracting and Utilizing Talents in Science, Technology, and Innovation

1. Talents in the fields of science, technology, and innovation are individuals with exceptional capabilities, making breakthrough contributions or having significant influence on the development of industries or sectors at the national or international level, meeting one of the following criteria:

a) Receiving prestigious domestic or international scientific and technological awards; having research results published in leading international scientific journals or presented at specialized international conferences;

b) Being the author of protected inventions or plant varieties; having new, breakthrough products, models, solutions, or services applied in practice, bringing substantial value to economic and social development or environmental protection;

c) Having been assigned to lead key national or international projects or innovative start-up projects.

2. The State has policies for attracting and utilizing talents in science, technology, and innovation as follows:

a) The State prioritizes directly assigning tasks in science, technology, and innovation, particularly those serving high-tech and strategic technology development, to organizations or businesses that attract talents to participate;

b) In addition to preferential policies stipulated in Clause 1, Article 55 of this Law, the State implements special incentives for talents in the fields of science, technology, and innovation through financial benefits, non-financial benefits, favorable working conditions, and housing arrangements. The State creates opportunities for long-term career development, attracting talents from abroad; ensuring social security for talents and their families;

c) The State promotes the development of human resources and talents in science, technology, and innovation through organizing training, upgrading skills, and providing practical research opportunities, combined with building modern infrastructure.

3. The identification of talents in the fields of science, technology, and innovation is based on specific criteria and evidence, without requiring formal recognition procedures. Based on the criteria set forth in Clause 1 of this Article, competent authorities responsible for implementing tasks decide on the application of attraction and incentive policies for talents.

4. The Government shall provide detailed regulations on this matter.

Article 55. Preferential Treatment for Individuals Engaged in Science, Technology, and Innovation Activities

1. Individuals engaged in science, technology, and innovation activities are supported in training, upgrading skills, conducting scientific research, and developing technology; they are given priority in appointment, recruitment, job placement, income, personal income tax, labor, housing, exit, entry, residence, and work permit issuance.

2. Chief Engineers enjoy preferential treatment as prescribed in Clause 4, Article 53 of this Law.

3. Talents benefit from preferential treatment as prescribed in Clause 2, Article 54 of this Law.

4. Post-doctoral researchers, doctoral program research students, and master's program trainees are considered for funding for research activities from the state budget.

5. Promising young scientists and engineers are prioritized for support to enhance their qualifications abroad, lead scientific and technological tasks and innovation, and receive funding to support strong research groups in their specialized fields.

6. Outstanding scientists with remarkable achievements in scientific research and technological development are considered for funding to independently implement groundbreaking scientific research and development ideas with high potential applications, contributing to economic and social development, ensuring national defense and security.

7. Domestic experts and scientists, overseas Vietnamese residents, foreign experts and scientists enjoy the following benefits:

a) Encouragement to participate in scientific, technological, and innovation activities in Vietnam;

b) Experts and scientists who are overseas Vietnamese residents and foreign experts and scientists during their time working in Vietnam have rights and obligations as prescribed in Articles 51 and 52 of this Law and enjoy income benefits, favorable working conditions, exit, entry, residence, housing, and other benefits as prescribed by law.

8. The Government shall provide detailed regulations on this matter.

Article 56. State Honors, Awards, and Prizes for Science, Technology, and Innovation

1. Organizations and individuals with achievements in science, technology, and innovation shall be conferred state honors, awards, and other forms of recognition according to the laws on competition and rewards.

2. Domestic organizations and individuals, overseas Vietnamese, and foreign organizations and individuals may establish and confer prizes to encourage the development of science, technology, and innovation in Vietnam in accordance with the law.

3. Organizations and individuals receiving awards from domestic organizations and individuals, overseas Vietnamese, and foreign organizations and individuals must comply with Vietnamese law.

4. Ministries, ministerial-level agencies, central agencies, provincial People's Committees shall base on the situation and needs for motivation and rewards within their management scope to consider and confer awards for outstanding scientific research, technological development, and innovation results to collectives and individuals.

5. The Government shall provide detailed regulations on this matter.

Article 57. Individuals, Groups of Individuals, Innovative Start-up Enterprises, Investors, and Experts Supporting Innovation and Entrepreneurship

1. Individuals, groups of individuals, innovative start-up enterprises, experts supporting entrepreneurship, and individual investors for innovative entrepreneurship may request competent authorities to recognize them as beneficiaries of preferential policies under the law and support programs for innovation and entrepreneurship.

2. Individuals, groups of individuals, and innovative start-up enterprises are prioritized in leasing land and infrastructure in industrial zones, export processing zones, economic zones, high-tech zones, high-tech agricultural application zones, and concentrated digital technology zones; they are also prioritized in using research and development equipment at shared laboratories, incubation bases, and innovation centers; they are supported in information, communication, and trade promotion.

3. Individuals, groups of individuals, and enterprises specified in Clause 1 of this Article are responsible for providing information about their operational status and the benefits received from support policies to serve state management.

4. The Government shall provide detailed regulations on this matter; it shall specify procedures, formalities, conditions, and authority for recognizing the subjects specified in Clause 1 of this Article.

Article 58. Civil Servants Participating in Capital Contribution, Work, Management, and Operation in Enterprises for Commercializing Research Results

1. Civil servants and managerial civil servants working at public science and technology organizations may participate in capital contribution, management, and operation in enterprises established or co-founded by such organizations to commercialize research results created by those organizations upon the consent of the organization’s head.

2. In cases where the managerial civil servant is the head of a public science and technology organization, consent from the direct superior management is required.

Section 3

INFRASTRUCTURE FOR SCIENCE, TECHNOLOGY, AND INNOVATION

Article 59. Construction and Development of Infrastructure to Serve Scientific Research, Technological Development, and Innovation

1. The State shall invest in constructing, renovating, upgrading, repairing, maintaining, and operating physical facilities, technical infrastructure, and equipment to serve scientific research, technological development, and innovation, focusing on developing specialized libraries, specialized museums, research centers, testing centers, national key laboratories, especially technical infrastructure for strategic technology research and development.

The method of investing in infrastructure for strategic technology development shall be implemented according to points a, b, and c of Clause 1 of Article 36 of this Law.

2. The State shall invest in constructing physical facilities, technical infrastructure, and shared equipment in certain fields to serve training, scientific research, technological development, and innovation.

3. Organizations managing physical facilities, technical infrastructure, and shared equipment as stipulated in Clause 2 of this Article shall have the following responsibilities:

a) Creating favorable conditions for organizations and individuals to use them jointly;

b) Publicly listing equipment, materials, and usage organizations on the National Science, Technology, and Innovation Management Platform;

c) Publicly disclosing related costs and reporting periodically on usage effectiveness.

4. Organizations managing physical facilities, technical infrastructure, and shared equipment as stipulated in Clause 2 of this Article may charge service fees based on actual costs, including maintenance, repair, operation, and depreciation, according to publicly announced economic and technical standards.

5. The State encourages the development of clusters and zones for research and development, innovation, including high-tech zones, science parks, and innovation clusters.

6. The State shall invest in building, developing, and participating in the exploitation of infrastructure, networks, and ecosystems to support domestic and international innovative entrepreneurship to connect the national innovative entrepreneurship ecosystem with the international one.

7. The Government shall provide detailed regulations on this matter.

Article 60. Construction of Information Infrastructure, Scientific Statistics, Technology, and Innovation

1. The State prioritizes investment in information infrastructure, information sources, scientific statistics, technology, and innovation, including the National Management Platform for Science, Technology, and Innovation and the National Information System on Science, Technology, and Innovation to serve research, management, policy planning, economic and social development, national defense, and security.

2. The State invests and supports organizations engaged in science, technology, and innovation activities in collecting, processing, managing, and disseminating scientific and technological information and knowledge; building open databases serving the community.

3. Encourage organizations and individuals to sponsor and participate in activities stipulated in Clause 1 and Clause 2 of this Article.

Section 4

FINANCIAL SUPPORT FOR SCIENCE, TECHNOLOGY, AND INNOVATION

Article 61. State Budget for Science, Technology, and Innovation

1. The State ensures annual funding for science, technology, and innovation at a minimum of 2% of the total state budget expenditure from the total minimum expenditure of 3% of the state budget for the development of science, technology, innovation, and digital transformation, and gradually increases according to development requirements to implement the policies of the Party and the State in each period.

2. State budget funds allocated for science, technology, and innovation must be used with focus and priority, linked to the results and effectiveness of task implementation, based on the principle of emphasizing the responsibility of central and local agencies.

3. The State has policies to support the state budget to encourage organizations and enterprises to invest in science, technology, and innovation.

4. The Government shall provide detailed regulations on this matter.

Article 62. Contents of State Budget Expenditure for Science, Technology, and Innovation

1. The state budget for science, technology, and innovation shall be used for the following purposes:

a) Investment in developing science, technology, and innovation infrastructure;

b) Expenditure for implementing science, technology, and innovation tasks selected and directly assigned or funded by the State;

c) Expenditure for supporting scientific research, technological development, technology application, technology transfer, innovation, and creative entrepreneurship; researching and establishing national standards and technical regulations; registering, protecting, managing, and exploiting intellectual property rights;

d) Expenditure for the regular activities of public science and technology organizations;

đ) Expenditure for implementing tasks assigned by competent authorities to public science and technology organizations outside the scope of regular budgets specified in Point d of this Clause;

e) Expenditure for managing science, technology, and innovation;

g) Expenditure for implementing policies to attract, utilize, and reward individuals engaged in science, technology, and innovation;

h) Capital contribution to venture capital funds; expenditure for management and operations according to the functions of the National Science and Technology Development Fund, the National Technology Innovation Fund, and the science and technology development and innovation fund of Ministries, ministerial-level agencies, government agencies, other central agencies, and provincial People's Committees;

i) Expenditure for international cooperation activities in the fields of science, technology, and innovation;

k) Other expenditure items.

2. The Government shall provide detailed regulations for this Article.

Article 63. Establishing Budget Estimates, Allocating, Managing, Using, and Settling Accounts for State Budget for Science, Technology, and Innovation

1. The establishment of investment content for science, technology, and innovation development in the five-year financial plan and the medium-term public investment plan shall be carried out in accordance with the provisions of the State Budget Law and the Public Investment Law, ensuring consistency with the Strategy for Science, Technology, and Innovation Development and the science, technology, and innovation development goals of each phase.

2. The annual state budget estimate for science, technology, and innovation must be implemented as follows:

a) Including estimates for investment expenditure, regular expenditure for scientific and technological affairs, and innovation for the central budget and local budgets;

b) Being established according to the expenditure items specified in Clause 1, Article 62 of this Law, following the guidelines of the central state management agency on science, technology, and innovation;

c) Based on the medium-term public investment plan, the overall five-year plan for science, technology, and innovation, and the science, technology, and innovation plans of Ministries, ministerial-level agencies, government agencies, other central agencies, and provincial People's Committees;

d) Annual budget estimates from the state budget for implementing science, technology, and innovation tasks funded by the State, including estimates for ongoing tasks and new tasks based on the number of expected tasks and average annual funding of tasks in previous years, increased when there are changes in relevant policies and adjustments due to inflation or deflation;

đ) Establishing annual budget estimates to support regular activities of public scientific and technological organizations based on the volume of planned activities determined by the managing authority and the necessary budget forecast for implementation, taking into account human resource capacity, material infrastructure, and specialized fields of the organization. The subsequent phase budget estimate will be determined based on the evaluation of the organization's performance in the preceding phase. Annual budget estimates from the state budget for implementing science, technology, and innovation tasks for public scientific and technological organizations include estimates for ongoing tasks and new tasks based on the number of expected tasks and average annual funding of tasks in previous years, increased when there are changes in relevant policies and adjustments due to inflation or deflation;

e) Annual budget estimates from other development investment funds are established based on decisions approving tasks, disbursement progress, and results of inspected and evaluated work items; Ministries, ministerial-level agencies, other central agencies, and localities are responsible for compiling annual plans for other development investment expenditures, including lists, amounts allocated for each program, task, and project, to be sent to the central state management agency on science, technology, and innovation for consolidation.

3. Allocation of the state budget for science, technology, and innovation shall be carried out according to the following principles:

a) Consistent with the strategy for socio-economic development, national defense, security, and the Strategy for Science, Technology, and Innovation Development; linked to the overall five-year plan for science, technology, and innovation, science, technology, and innovation plans, priority technology directions, and approved science, technology, and innovation programs;

b) Prioritizing allocation of the state budget for large-scale tasks and programs with inter-sectoral, inter-regional characteristics, involving businesses, and having a broad impact on technology, especially in strategic technology and emerging technologies that significantly affect national competitiveness;

c) Allocation of the state budget is based on evaluations of the implementation results of tasks, the effectiveness of state budget usage in previous phases, and the actual contribution of tasks, programs, and projects to the science, technology, and innovation development goals. Evaluations are linked to the accountability of Ministries, ministerial-level agencies, government agencies, other central agencies, and localities;

d) Ensuring transparency and openness;

đ) Funding for science, technology, and innovation tasks; interest rate subsidies for loans, and support for implementing science, technology, and innovation activities transferred to the funds specified in Articles 64 and 65 of this Law are disbursed directly into the accounts of these funds at the National Treasury;

e) The portion of the state budget not allocated through funds is directly assigned to budget users according to the law.

4. Management and use of the state budget shall be carried out as follows:

a) The state budget must be used to ensure overall efficiency, disbursement progress, and direct and comprehensive responsibility of budget users, with continuous supervision, inspection, and evaluation by competent authorities;

b) Heads of agencies and units using the state budget are responsible for managing, using, evaluating, and reporting on the implementation, results, and effectiveness of the state budget on the National Digital Platform for Science, Technology, and Innovation Management; retaining all supporting documents and providing explanations when required by competent authorities;

c) Funds for implementing science, technology, and innovation tasks are disbursed according to the mandate of the leading organization; final settlement is conducted upon completion of contracts, regardless of fiscal year; annual state budget settlement is carried out according to the budget year for expenditures confirmed by the National Treasury where the leading organization has opened an account.

d) The head of the agency or unit using state budget funds has the right to exercise autonomy and take responsibility for using the funding to support the regular activities of public science and technology organizations to ensure the completion of the committed outputs according to the annual state budget allocation.

5. Scientific, technological, and innovation tasks applying cost-reimbursement to final products or partial cost-reimbursement based on research content shall be implemented as follows:

a) Cost-reimbursement to final products shall be applied when the leading organization commits to achieving the final products as results of the task. When applying cost-reimbursement to final products, the leading organization is autonomous and decides on the use of funds, adjusts between expense categories and contents, settles the total amount of funds spent on the task according to the allocated scientific, technological, innovation, and digital transformation expenses;

b) Partial cost-reimbursement based on research content allows the leading organization to autonomously use allocated funds, except for funds for purchasing assets to implement the task, outsourcing services without standards and quotas, and foreign travel delegations. The leading organization can adjust expense contents within the same type of expenditure;

c) The leading organization may use labor costs to hire domestic and foreign experts according to agreements; is responsible for using funds for their intended purpose, storing vouchers, and explaining when requested. Labor costs must be recorded as income of the leading organization to pay individuals directly involved in the task, support the task, and other outsourced professional contents, excluding payments to individuals not belonging to the leading organization.

6. Settlement of the state budget for science, technology, and innovation shall be carried out in accordance with the laws on the state budget and public investment.

7. The Government shall provide detailed regulations on this matter.

Article 64. National Science and Technology Development Fund, National Technology Innovation Fund

1. The National Science and Technology Development Fund is formed from annual state budget allocations, voluntary contributions, donations, and lawful gifts from organizations and individuals. The Fund performs functions of financing and commissioning programs and tasks in science, technology, and innovation for scientific research and technological development; supporting activities to enhance national scientific and technological capacity.

2. The National Technology Innovation Fund is formed from annual state budget allocations, voluntary contributions, donations, and lawful gifts from organizations and individuals. The Fund performs functions of financing and commissioning programs and tasks in science, technology, and innovation, providing interest subsidies, funding for technology application, technology transfer, technology innovation, and innovation; supporting activities to develop the innovation system, startup ecosystem, promote innovation culture, and startup innovation.

3. Planning and determining the total annual state budget allocation for the Funds specified in Clause 1 and Clause 2 of this Article does not include voluntary contributions, donations, and lawful gifts from organizations and individuals. At the end of the fiscal year, unused voluntary contributions, donations, and lawful gifts will be retained in the Fund for future use and do not need to be returned to the state budget.

4. The National Science and Technology Development Fund and the National Technology Innovation Fund are not state financial funds outside the state budget.

5. The Government shall provide detailed regulations on this matter.

Article 65. Science, technology development and innovation fund of Ministries, ministerial-level agencies, government agencies, other central agencies, provincial People's Committees

1. Ministries, ministerial-level agencies, government agencies, other central agencies, provincial People's Committees shall establish science, technology development and innovation funds based on actual circumstances to place orders, sponsor programs and tasks related to science, technology and innovation; support financial costs, interest rate subsidies for applying technology, transferring technology, innovating technology, and promoting innovation; support activities to enhance scientific and technological capacity; support activities to develop the innovation system, startup ecosystem, promote innovation culture, and encourage entrepreneurship.

2. The sources of funding for the fund include annual allocations from the state budget, voluntary contributions, donations, and lawful gifts from organizations and individuals.

3. The planning and determination of the total annual state budget allocation for the fund does not take into account voluntary contributions, donations, and lawful gifts from organizations and individuals. At the end of the fiscal year, unused voluntary contributions, donations, and lawful gifts will be retained in the fund for future use and do not need to be returned to the state budget.

4. The results of the fund's operations must be periodically evaluated based on their effectiveness in serving strategic goals, overall plans for science, technology, and innovation over five years, plans for science, technology, and innovation, their contribution to economic and social development, ensuring national defense and security, and developing industries and fields.

5. Ministries, ministerial-level agencies, government agencies, other central agencies, provincial People's Committees shall assign existing agencies within their organizational systems to manage the fund, bear responsibility for inspecting and supervising the fund management unit's activities, ensure timely and effective disbursement and use of allocated state budget funds.

6. The Government shall provide detailed regulations for this Article.

Article 66. Science and Technology Development Fund of Enterprises, Organizations, Public Service Units

1. Enterprises, organizations, public service units are permitted to establish science and technology development funds according to the provisions of the Law on Corporate Income Tax. The fund may receive lawful voluntary contributions, donations, and gifts from organizations and individuals to carry out the fund's tasks.

2. Enterprises, organizations, public service units may use the science and technology development fund for the following activities:

a) Directly implementing, placing orders, or hiring others to conduct scientific research, develop technology, and promote innovation;

b) Supporting scientific research, technology development, and innovation; researching, building, and applying basic standards; registering, protecting, managing, and exploiting intellectual property rights;

c) Organizing research, hiring foreign research without going through investment projects;

d) Implementing acquisitions, investments, or joint investments in startup innovation projects or innovative startups. Enterprises, organizations, public service units may only use up to 5% of their annual taxable income for the purposes specified in this point;

đ) Carrying out other tasks as prescribed by this Law.

3. In addition to the provisions of Clause 2 of this Article, state-owned enterprises may use the science and technology development fund to implement key projects and strategic technology development projects under the special mechanisms provided for in Article 31 of this Law.

4. Enterprises, organizations, public service units have the right to independently manage and use the science and technology development fund and bear responsibility for it.

5. The use of the science and technology development fund by state-owned enterprises, public scientific and technological organizations, and public service units to implement acquisitions, investments, or joint investments in innovative startups must meet the following requirements:

a) Ensuring transparency, financial risk management, and conflict of interest prevention principles;

b) Investment effectiveness is assessed based on an overall evaluation over the long term, without requiring capital preservation annually or evaluating each project or specific task individually;

c) The total investment amount in innovative startups must not exceed the approved risk threshold in the fund's investment plan, determined based on the overall investment portfolio or within a defined investment cycle;

d) There must be a mechanism for periodic monitoring and evaluation of investment outcomes, promptly addressing any risks or losses that arise.

6. Enterprises, organizations, public service units, and individuals managing and using the fund are exempt from civil liability and administrative responsibility related to investment losses when carrying out investment activities as stipulated in Clause 5 of this Article, provided that such losses occur despite fully complying with all relevant procedures and regulations during the investment process and being transparent and honest in the decision-making process.

7. The Government shall provide detailed regulations on this matter.

Article 67. Preferential treatment in government budget procurement for products and goods of organizations and enterprises operating in science, technology, and innovation fields

1. High-tech products listed in the Catalogue of Encouraged High-Tech Products produced by high-tech enterprises or newly established enterprises from recognized high-tech production investment projects under the law on high technology; products and goods resulting from special scientific and technological tasks and innovation; products and goods resulting from domestic scientific and technological tasks and innovation shall be granted preferential treatment in accordance with the law on bidding.

2. The State shall consider funding for testing, inspection, and quality assessment costs of products participating in government budget procurement in the following cases:

a) Products of start-up enterprises, scientific and technological organizations, scientific and technological enterprises, high-tech enterprises, strategic product manufacturing enterprises;

b) Products of organizations and enterprises that result from domestic scientific research, technological development, and innovation.

3. The Government shall provide detailed regulations on this Article.

Chapter VI

INTERNATIONAL INTEGRATION AND COOPERATION

IN THE FIELDS OF SCIENCE, TECHNOLOGY, AND INNOVATION

Article 68. Principles of international integration and cooperation in science, technology, and innovation

1. Actively and proactively integrate while ensuring independence, sovereignty, national security, equality, and mutual benefit; participate in resolving global scientific and technological issues.

2. Diversify and multilateralize cooperation and foreign investment; ensure appropriate budgets and financial mechanisms to participate in integration activities.

3. Develop science, technology, and innovation according to international standards in line with economic and social development needs, ensuring national defense and security.

4. Selectively absorb international experience, especially from countries with developed science, technology, and innovation ecosystems; utilize international resources to enhance scientific research, technological development, and innovation capabilities, particularly in high technology and strategic technology.

5. Ensure the protection of intellectual property rights of parties involved in international cooperation through international treaties to which the Socialist Republic of Vietnam is a member.

Article 69. Activities of international integration and cooperation in science, technology, and innovation

1. Participate in building and shaping regional and international cooperation mechanisms in science, technology, and innovation.

2. Join regional and international organizations and associations in the field of science, technology, and innovation.

3. Collaborate with foreign and international organizations in establishing and implementing joint scientific, technological, and innovation activities.

4. Attract and hire overseas-resident Vietnamese experts and scientists, as well as foreign experts and scientists.

5. Seek and transfer advanced foreign technologies; promote scientific research results, technological development, and innovation outcomes abroad.

6. Develop a network of overseas science and technology representatives.

Article 70. Promoting integration, international cooperation in science, technology, and innovation

1. The State sponsors scientific, technological, and innovation tasks through bilateral, multilateral cooperation, and technology transfer.

2. Funding for research, development, and innovation activities in international cooperation shall be used in accordance with the regulations of the funding organization while ensuring compliance with Vietnamese law.

3. The State contributes to joint research funds with countries and international organizations according to international treaties and agreements.

4. The State provides legal support and advice to organizations and individuals participating in international cooperation to protect intellectual property rights and resolve disputes related to technology transfer.

5. The Government shall provide detailed regulations on this matter.

Chapter VII

IMPLEMENTING PROVISIONS

Article 71. Amending, supplementing, and abolishing certain articles and clauses of relevant laws and resolutions

1. Supplementing Article 6a following Article 6 of the High Technology Law No. 21/2008/QH12, which has been amended and supplemented by Laws No. 32/2013/QH13, No. 67/2014/QH13, and No. 71/2025/QH15, as follows:

"Article 6a. Strategic Technology

1. Strategic technology is high technology prioritized for investment and development, and meeting one of the conditions or creating breakthroughs in economic and social development or serving as a foundation for industries and services, or being strategically important for national defense and security.

2. Strategic technology products are encouraged to develop from strategic technology. Strategic technology products meet one of the following conditions:

a) Having a high domestic content ratio in the product value structure;

b) Making significant contributions to economic growth based on capital, labor, and overall productivity factors;

c) Having positive spillover effects on economic and social development or national defense and security.

3. The Prime Minister shall issue a list of strategic technologies and strategic technology products.

4. The State allocates a proportion of the state budget to ensure funding for strategic technology activities, including programs for developing strategic technology science and technology.”

2. Amending and supplementing certain articles of the Technology Transfer Law No. 07/2017/QH14, which has been amended and supplemented by Law No. 16/2023/QH15, as follows:

a) Supplementing Article 21a following Article 21 in Chapter II as follows:

"Article 21a. Review and Transfer of Technology in Special Cases

1. Reviewing technology when organizations or individuals have a need to review technology they themselves have researched or invested in for application in production and business.

2. Trong gói thầu được tổ chức đấu thầu quốc tế để thực hiện dự án quan trọng quốc gia, hồ sơ mời thầu phải có điều kiện cam kết của tổng thầu, nhà thầu nước ngoài về việc chuyển giao công nghệ, đào tạo nguồn nhân lực cho tổ chức, doanh nghiệp Việt Nam. Việc chuyển giao công nghệ thực hiện theo quy định của Luật này.

3. Chính phủ quy định chi tiết Điều này.";

b) Sửa đổi, bổ sung Điều 38 như sau:

"Điều 38. Quỹ đổi mới công nghệ quốc gia

Quỹ đổi mới công nghệ quốc gia thực hiện theo quy định của Luật Khoa học, công nghệ và đổi mới sáng tạo.";

c) Sửa đổi, bổ sung khoản 3 Điều 39 như sau:

"3. Tổ chức, cá nhân nhận chuyển giao công nghệ từ nước ngoài vào Việt Nam; tổ chức, cá nhân chuyển giao công nghệ từ Việt Nam ra nước ngoài; tổ chức, cá nhân thực hiện hoạt động nghiên cứu khoa học và phát triển công nghệ, chuyển giao công nghệ, giải mã công nghệ, đổi mới sáng tạo tại doanh nghiệp;";

d) Bỏ cụm từ "Quỹ phát triển khoa học và công nghệ, Quỹ đổi mới công nghệ quốc gia," tại khoản 3 Điều 35;

đ) Bỏ cụm từ "Quỹ đổi mới công nghệ quốc gia," tại khoản 5 Điều 35.

3. Bổ sung các khoản 18, 19, 20 vào sau khoản 17 Điều 4 của Luật Thuế thu nhập cá nhân số 04/2007/QH12 đã được sửa đổi, bổ sung một số điều theo Luật số 26/2012/QH13, Luật số 71/2014/QH13, Luật số 31/2024/QH15, Luật số 43/2024/QH15, Luật số 48/2024/QH15, Luật số 56/2024/QH15 và Luật số 71/2025/QH15 như sau:

"18. Thu nhập từ tiền lương, tiền công từ thực hiện nhiệm vụ khoa học, công nghệ và đổi mới sáng tạo.

19. Thu nhập từ quyền tác giả của nhiệm vụ khoa học, công nghệ và đổi mới sáng tạo khi kết quả nhiệm vụ được thương mại hóa theo quy định của pháp luật về khoa học, công nghệ và đổi mới sáng tạo, pháp luật về sở hữu trí tuệ.

20. Thu nhập của nhà đầu tư cá nhân, chuyên gia làm việc cho dự án khởi nghiệp sáng tạo, sáng lập viên doanh nghiệp khởi nghiệp sáng tạo, nhà đầu tư cá nhân góp vốn vào quỹ đầu tư mạo hiểm.".

4. Bổ sung điểm m vào sau điểm l khoản 1 Điều 157 của Luật Đất đai số 31/2024/QH15 đã được sửa đổi, bổ sung một số điều theo Luật số 43/2024/QH15, Luật số 47/2024/QH15, Luật số 58/2024/QH15, Luật số 71/2025/QH15 và Luật số 84/2025/QH15 như sau:

"m) Sử dụng đất để xây dựng phòng thí nghiệm, đất xây dựng cơ sở ươm tạo công nghệ và ươm tạo doanh nghiệp khoa học và công nghệ, đất xây dựng cơ sở thực nghiệm, đất xây dựng cơ sở sản xuất thử nghiệm, đất xây dựng cơ sở vật chất, hạ tầng dùng chung để hỗ trợ nghiên cứu khoa học, phát triển công nghệ và đổi mới sáng tạo của doanh nghiệp khoa học và công nghệ; tổ chức khoa học và công nghệ; trung tâm nghiên cứu và phát triển; trung tâm đổi mới sáng tạo cấp quốc gia, trung tâm hỗ trợ khởi nghiệp sáng tạo cấp quốc gia, trung tâm đổi mới sáng tạo cấp tỉnh, trung tâm hỗ trợ khởi nghiệp sáng tạo cấp tỉnh.".

5. Sửa đổi, bổ sung một số điều của Luật Báo chí số 103/2016/QH13 đã được sửa đổi, bổ sung một số điều theo Luật số 35/2018/QH14 như sau:

a) Sửa đổi, bổ sung khoản 2 Điều 14 như sau:

"2. Cơ sở giáo dục đại học theo quy định của Luật Giáo dục đại học; tổ chức nghiên cứu khoa học, tổ chức nghiên cứu khoa học và phát triển công nghệ được tổ chức dưới hình thức viện hàn lâm, viện theo quy định của Luật Khoa học, công nghệ và đổi mới sáng tạo; bệnh viện cấp tỉnh hoặc tương đương trở lên được thành lập cơ quan tạp chí khoa học.

Cơ quan tạp chí khoa học được xuất bản nhiều tạp chí khoa học.";

b) Sửa đổi, bổ sung khoản 1 Điều 21 như sau:

"1. Cơ quan báo chí hoạt động theo loại hình đơn vị sự nghiệp có thu.

Cơ quan tạp chí khoa học hoạt động phù hợp với loại hình của cơ quan chủ quản.";

c) Sửa đổi, bổ sung điểm c khoản 2 Điều 23 như sau:

"c) Có thẻ nhà báo còn hiệu lực. Người đứng đầu cơ quan báo chí thuộc tổ chức tôn giáo, cơ quan tạp chí khoa học không áp dụng tiêu chuẩn này;";

d) Sửa đổi, bổ sung điểm c khoản 1 Điều 27 như sau:

"c) Đối với trường hợp cấp thẻ lần đầu, phải có thời gian công tác liên tục tại cơ quan báo chí đề nghị cấp thẻ từ 02 năm trở lên tính đến thời điểm xét cấp thẻ, trừ tổng biên tập của cơ quan tạp chí khoa học và trường hợp khác theo quy định của pháp luật;".

6. Sửa đổi, bổ sung điểm b khoản 2 Điều 83a của Luật Xây dựng số 50/2014/QH13 đã được sửa đổi, bổ sung một số điều theo Luật số 03/2016/QH14, Luật số 35/2018/QH14, Luật số 40/2019/QH14, Luật số 62/2020/QH14, Luật số 45/2024/QH15, Luật số 47/2024/QH15, Luật số 55/2024/QH15, Luật số 61/2024/QH15 và Luật số 84/2025/QH15 như sau:

"b) Sự phù hợp của thiết kế xây dựng với thiết kế cơ sở đã được cơ quan chuyên môn về xây dựng thẩm định, trừ trường hợp thiết kế xây dựng có giải pháp thiết kế, công nghệ là kết quả nghiên cứu khoa học, phát triển công nghệ và đổi mới sáng tạo và phải bảo đảm không làm thay đổi về công năng sử dụng công trình và mục tiêu đầu tư của dự án;".

7. Sửa đổi, bổ sung, bãi bỏ một số điều của Luật Sở hữu trí tuệ số 50/2005/QH11 đã được sửa đổi, bổ sung một số điều theo Luật số 36/2009/QH12, Luật số 42/2019/QH14 và Luật số 07/2022/QH15 như sau:

a) Sửa đổi, bổ sung điểm b khoản 1 Điều 86 như sau:

"b) Tổ chức, cá nhân đầu tư kinh phí, phương tiện vật chất cho tác giả dưới hình thức giao việc, thuê việc, tổ chức, cá nhân được giao quản lý nguồn gen cung cấp nguồn gen, tri thức truyền thống về nguồn gen theo hợp đồng tiếp cận nguồn gen và chia sẻ lợi ích, trừ trường hợp các bên có thỏa thuận khác.";

b) Sửa đổi, bổ sung khoản 1 Điều 135 như sau:

"1. Chủ sở hữu sáng chế, kiểu dáng công nghiệp, thiết kế bố trí có nghĩa vụ trả thù lao cho tác giả theo thỏa thuận; trường hợp không có thỏa thuận thì mức thù lao trả cho tác giả quy định như sau:

a) Trường hợp chủ sở hữu tự mình sử dụng đối tượng này trong hoạt động sản xuất, kinh doanh, 10% lợi nhuận trước thuế thu được tương ứng với giá trị mà sáng chế, kiểu dáng công nghiệp, thiết kế bố trí đóng góp vào sản phẩm, dịch vụ hoặc hoạt động sản xuất, kinh doanh sử dụng sáng chế, kiểu dáng công nghiệp, thiết kế bố trí đó;

b) Trường hợp chủ sở hữu chuyển giao quyền sử dụng các đối tượng này, 15% tổng số tiền mà chủ sở hữu nhận được trong mỗi lần nhận tiền thanh toán từ việc chuyển giao trước khi nộp thuế theo quy định.";

c) Sửa đổi, bổ sung khoản 3 Điều 135 như sau:

"3. Trong trường hợp sáng chế, kiểu dáng công nghiệp, thiết kế bố trí có đồng tác giả, mức thù lao theo quy định tại khoản 1 Điều này là mức dành cho các đồng tác giả. Các đồng tác giả tự thỏa thuận việc phân chia số tiền thù lao do chủ sở hữu chi trả.";

d) Sửa đổi, bổ sung điểm b khoản 2 Điều 164 như sau:

"b) Tổ chức, cá nhân đầu tư cho tác giả chọn tạo hoặc phát hiện và phát triển giống cây trồng dưới hình thức giao việc, thuê việc, trừ trường hợp các bên có thỏa thuận khác;";

đ) Sửa đổi, bổ sung câu mở đầu và điểm a khoản 1 Điều 191 như sau:

"1. Chủ Bằng bảo hộ giống cây trồng có nghĩa vụ trả thù lao cho tác giả giống cây trồng theo thỏa thuận; trường hợp không có thỏa thuận thì mức thù lao trả cho tác giả quy định như sau:

a) 10% lợi nhuận trước thuế mà chủ Bằng bảo hộ giống cây trồng thu được do tự mình sử dụng giống cây trồng được bảo hộ để sản xuất, kinh doanh giống cây trồng đó;";

e) Sửa đổi, bổ sung khoản 3 Điều 191 như sau:

"3. Trong trường hợp giống cây trồng có đồng tác giả, mức thù lao quy định tại khoản 1 Điều này là mức dành cho các đồng tác giả; các đồng tác giả tự thỏa thuận việc phân chia số tiền thù lao do chủ Bằng bảo hộ giống cây trồng chi trả.";

g) Bỏ cụm từ ", Điều 86a" tại khoản 3 Điều 60, khoản 4 Điều 65 và khoản 2 Điều 71;

h) Bãi bỏ Điều 86a, Điều 133a, khoản 2 Điều 135, Điều 136a, khoản 6 Điều 139, khoản 3 và khoản 4 Điều 164, khoản 2 Điều 191, Điều 191a, Điều 191b, khoản 4 Điều 194.

8. Sửa đổi, bổ sung điểm e khoản 1 Điều 45 của Luật Nhà ở số 27/2023/QH15 đã được sửa đổi, bổ sung một số điều theo Luật số 43/2024/QH15, Luật số 47/2024/QH15, Luật số 84/2025/QH15 và Luật số 90/2025/QH15 như sau:

"e) Tổng công trình sư theo quy định của pháp luật về khoa học, công nghệ và đổi mới sáng tạo; nhân tài có đóng góp quan trọng cho quốc gia được cấp có thẩm quyền công nhận theo quy định khác của pháp luật có liên quan;".

9. Bãi bỏ các điều 3, 4, 5, 6, 7, 8 và 9 của Nghị quyết số 193/2025/QH15 về thí điểm một số cơ chế, chính sách đặc biệt tạo đột phá phát triển khoa học, công nghệ, đổi mới sáng tạo và chuyển đổi số quốc gia.

Điều 72. Hiệu lực thi hành

1. Luật này có hiệu lực thi hành từ ngày 01 tháng 10 năm 2025, trừ trường hợp quy định tại khoản 2 Điều này.

2. Các điều 15, 61, 62, 63, 64, 65 và 66 của Luật này có hiệu lực thi hành từ ngày 01 tháng 7 năm 2025.

3. Luật Khoa học và công nghệ số 29/2013/QH13 đã được sửa đổi, bổ sung một số điều theo Luật số 28/2018/QH14 và Luật số 07/2022/QH15 (sau đây gọi chung là Luật Khoa học và Công nghệ số 29/2013/QH13) hết hiệu lực kể từ ngày Luật này có hiệu lực thi hành, trừ trường hợp quy định tại các khoản 1, 2, 3, 6, 8 và 9 Điều 73 của Luật này.

Điều 73. Quy định chuyển tiếp

1. Đối với đề xuất nhiệm vụ khoa học và công nghệ, đề xuất đặt hàng nhiệm vụ khoa học và công nghệ đã nộp cho cơ quan nhà nước có thẩm quyền nhưng đến ngày 01 tháng 10 năm 2025 chưa được cơ quan nhà nước có thẩm quyền phê duyệt giao chủ trì thực hiện nhiệm vụ thì trình tự, thủ tục xác định, tuyển chọn, giao trực tiếp, phê duyệt nhiệm vụ khoa học và công nghệ được tiếp tục thực hiện theo quy định của Luật Khoa học và công nghệ số 29/2013/QH13 và văn bản quy định chi tiết, hướng dẫn thi hành Luật Khoa học và công nghệ số 29/2013/QH13.

2. Đối với hồ sơ đăng ký thực hiện nhiệm vụ khoa học và công nghệ được gửi tới Quỹ phát triển khoa học và công nghệ quốc gia trước ngày 01 tháng 10 năm 2025 thì quy trình, thủ tục đánh giá để tài trợ thực hiện nhiệm vụ khoa học và công nghệ được tiếp tục thực hiện theo quy định của Luật Khoa học và công nghệ số 29/2013/QH13 và văn bản quy định chi tiết, hướng dẫn thi hành Luật Khoa học và công nghệ số 29/2013/QH13.

3. Đối với nhiệm vụ khoa học và công nghệ đã được cơ quan có thẩm quyền phê duyệt giao chủ trì thực hiện nhiệm vụ trước ngày 01 tháng 10 năm 2025 thì tiếp tục thực hiện theo quy định của Luật Khoa học và công nghệ số 29/2013/QH13, Nghị quyết số 193/2025/QH15 và văn bản quy định chi tiết và hướng dẫn thi hành có hiệu lực tại thời điểm phê duyệt nhiệm vụ.

4. Đối với nhiệm vụ khoa học và công nghệ sử dụng ngân sách nhà nước đã được cơ quan có thẩm quyền phê duyệt giao chủ trì thực hiện trước ngày 01 tháng 10 năm 2025 mà chưa được cấp có thẩm quyền ban hành quyết định xử lý tài sản trang bị thực hiện nhiệm vụ khoa học và công nghệ và kết quả của nhiệm vụ khoa học và công nghệ theo quy định của pháp luật về quản lý, sử dụng tài sản công thì việc xử lý tài sản trang bị thực hiện nhiệm vụ khoa học và công nghệ và kết quả của nhiệm vụ khoa học và công nghệ thực hiện theo quy định tại Luật này.

5. Chính phủ quy định chuyển tiếp về hoạt động của Quỹ đổi mới công nghệ quốc gia.

6. Đối với hồ sơ đề nghị chứng nhận doanh nghiệp khoa học và công nghệ đã được gửi đến cơ quan nhà nước có thẩm quyền trước ngày 01 tháng 10 năm 2025 thì trình tự, thủ tục cấp Giấy chứng nhận doanh nghiệp khoa học và công nghệ được tiếp tục thực hiện theo quy định của Luật Khoa học và công nghệ số 29/2013/QH13 và văn bản quy định chi tiết và hướng dẫn thi hành Luật Khoa học và công nghệ số 29/2013/QH13.

7. Quy định về phân chia lợi nhuận từ thương mại hóa kết quả nghiên cứu theo quy định tại Điều 28 của Luật này được áp dụng đối với lợi nhuận chưa được phân chia từ việc thương mại hóa sáng chế, kiểu dáng công nghiệp, thiết kế bố trí, giống cây trồng là kết quả nghiên cứu khoa học và phát triển công nghệ của các nhiệm vụ được giao từ ngày 01 tháng 01 năm 2023 đến trước ngày 01 tháng 10 năm 2025 được cơ quan quản lý nhà nước có thẩm quyền về sở hữu trí tuệ cấp văn bằng bảo hộ.

8. Giấy chứng nhận đăng ký hoạt động khoa học và công nghệ đã được cơ quan có thẩm quyền cấp trước ngày Luật này có hiệu lực thi hành thì vẫn còn hiệu lực. Trường hợp đề nghị thay đổi, bổ sung thông tin hoặc cấp lại Giấy chứng nhận đăng ký hoạt động khoa học và công nghệ thì thực hiện theo quy định của Luật này.

9. Văn phòng đại diện, chi nhánh của tổ chức khoa học và công nghệ nước ngoài tại Việt Nam đã được cấp Giấy phép thành lập văn phòng đại diện, chi nhánh tại Việt Nam thì tiếp tục được hoạt động đến khi Giấy phép thành lập văn phòng đại diện, chi nhánh hết hiệu lực.

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Luật này được Quốc hội nước Cộng hòa xã hội chủ nghĩa Việt Nam khóa XV, Kỳ họp thứ 9 thông qua ngày 27 tháng 6 năm 2025.