Decree No. 97/2025/NĐ-CP on mechanisms and preferential policies for the National Innovation Center

DECREE

REGULATIONS ON MECHANISMS AND POLICIES FOR INCENTIVES FOR NATIONAL INNOVATION AND ENTREPRENEURSHIP CENTERS

On the basis of Law on Government Organization dated February 18, 2025;

On the basis of Law on State Budget June 25, 2015;

On the basis of Law on Export Duties and Import Duties April 6, 2016;

On the basis of Law on Management and Use of State Property June 21, 2017;

On the basis of Law on Support for Small and Medium Enterprises June 12, 2017;

On the basis of Law on Public Investment November 29, 2024;

On the basis of Labor Code November 20, 2019;

On the basis of Investment Law June 17, 2020;

On the basis of Enterprise Law June 17, 2020;

On the basis of Land Law January 18, 2024;

On the basis of Law on the Capital City June 28, 2024;

At the proposal of the Minister of Finance;

The Government issues this Decree to regulate mechanisms and policies for incentives for National Innovation and Entrepreneurship Centers.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates certain mechanisms and policies for incentives for National Innovation and Entrepreneurship Centers established pursuant to the Prime Minister's decision (hereinafter referred to as the Center), organizations and individuals operating at the Center, and other related organizations and individuals.

Article 2. Applicability

1. National Innovation and Entrepreneurship Centers and their operational facilities.

2. Domestic and foreign organizations and individuals operating at the Center.

3. Other related organizations and individuals.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. An innovative entrepreneur is an individual participating in research, development of ideas, and business of new products, services, or business models.

2. Innovative start-up enterprises operating at the Center are enterprises operating at the Center established in accordance with the law to implement ideas based on exploiting intellectual property, technology, and new business models, and having the potential for rapid growth.

3. Innovative enterprises operating at the Center are enterprises operating at the Center that have new or improved products, services, or production and business processes (or a combination of both) different from those previously offered by the enterprise and introduced to the market or adopted by the enterprise.

4. Operational facilities of the Center include headquarters in Hanoi city, facilities in Hoa Lac High-Tech Park, Hanoi city, facilities in Lot D25, New Urban Area, Cau Giay Street, No. 7 Ton That The Street, Hanoi city, and other facilities as decided by the competent authority.

5. Organizations operating at the Center are organizations with main offices, branches, representative offices, or business locations at the Center’s operational facilities.

Article 4. General Principles of Incentives and Encouragement

1. The State encourages and implements mechanisms, policies, and support measures to create a favorable environment for research and development, and business investment at the Center to attract domestic and international talent, experts, domestic and international technology groups, and enterprises to realize ideas based on exploiting intellectual property, technology, and new business models, and having the potential for rapid growth.

2. The Center enjoys mechanisms, policies, and administrative procedures for incentives as prescribed by law to facilitate support and development of an innovation and entrepreneurship ecosystem, contributing to transforming the growth model based on scientific and technological development and innovation.

3. The Center implements self-governance mechanisms applicable to public institutions that self-fund their regular expenses and investments. Additionally, the Center implements the incentive mechanisms and policies stipulated in this Decree.

4. The Center may use state budget funds and other legitimate revenues of the Center to invest in building, upgrading infrastructure, equipment, accommodation facilities, and other service facilities for organizations and individuals participating in activities at the Center and to implement programs, projects, and activities supporting innovation and entrepreneurship.

Chapter II

MECHANISMS AND POLICIES FOR INCENTIVES FOR THE CENTER AND ORGANIZATIONS AND INDIVIDUALS OPERATING AT THE CENTER

Article 5. Labor incentives

1. Foreign workers working at the Center in the following cases shall not be required to obtain a labor permit:

a) To implement labor contracts with the Center for management, executive, expert, and technical worker positions that Vietnamese workers have not yet met the needs of the Center;

b) To implement labor contracts with organizations and enterprises operating at the Center for management, executive, expert, and technical worker positions that Vietnamese workers have not yet met the production and business needs.

2. The procedures, documents, and formalities for confirming foreign workers who are not required to obtain a labor permit under Clause 1 of this Article shall be implemented in accordance with the laws on labor, the Law on the Capital City, and related laws.

Article 6. Investment credit incentives

1. Start-up innovation businesses' investment projects operating at the Center and the Center's investment projects included in the list of projects eligible for state investment credit loans, if they meet all loan conditions, shall be entitled to state investment credit loans according to the provisions of the law.

2. The Center, individual start-ups, and start-up businesses operating at the Center may receive grants, support, loans, and loan guarantees from state financial funds outside the budget and financial institutions as prescribed by law.

Article 7. Land incentives and creation of operational platforms in Hoa Lac High-Tech Park

1. Exemption from infrastructure usage fees for leased land areas within the area subject to payment of infrastructure usage fees for technical infrastructure works invested by the State.

2. Exemption from the entire cost of compensation, land clearance, support, and resettlement.

3. The state budget will fully support the land leveling costs of the Center’s infrastructure investment project.

Article 8. Acceptance and utilization of official development assistance funds, preferential loans, aid, and sponsorships

1. The Center is allowed to accept and utilize official development assistance (ODA) funds and preferential loans from foreign sponsors in accordance with the law.

2. The Center is allowed to accept and utilize non-reimbursable aid not included in official development assistance from foreign agencies, organizations, and individuals (hereinafter referred to as aid), and sponsorships from domestic organizations and individuals (hereinafter referred to as sponsorships), including the interest portion of aid and sponsorship deposits, to invest in building physical facilities, regular expenses, supporting innovative activities, startups, and the Center's management and operation work.

3. Aid, sponsorships, and the interest portion of deposits are managed as legitimate revenue sources of the Center, not part of the state budget revenue and not required to go through the procedure to establish public ownership.

4. The acceptance, management, and utilization of aid for the Center shall be carried out in accordance with this Decree and the law on the management and utilization of non-reimbursable aid not included in official development assistance provided by foreign agencies, organizations, and individuals to Vietnam.

5. The acceptance, management, and utilization of sponsorships for the Center shall be conducted as follows:

a) The Director of the Center has the authority to accept or reject sponsorships from domestic organizations and individuals;

b) After receiving the sponsorship approval document from domestic organizations and individuals, the Center Director organizes an evaluation and decides to accept the sponsorship;

c) For monetary sponsorships, after the Center Director decides to accept the sponsorship, the sponsoring party transfers the sponsorship amount in Vietnamese currency to the Center through the Center's account opened at a commercial bank;

d) For non-monetary sponsorships, the sponsoring party determines the value of the sponsored assets in Vietnamese currency in the sponsorship approval document. In cases where the value of the sponsored assets is 10 billion VND or more, within 45 days from the date of receipt of the sponsorship approval document, the Center establishes an evaluation board or hires an appraisal organization to appraise the assets;

If the asset value after evaluation and appraisal differs from the asset value stated in the sponsorship approval document, the Center Director decides to accept the sponsored asset based on the appraised value after reaching agreement with the sponsoring party;

e) For sponsorships in the form of project components, works, or equipment, if the sponsorship value exceeds the detailed budget estimate of the component, work, or equipment already approved, the Center Director decides to accept the sponsorship based on the approved detailed budget estimate;

f) After the Center Director decides to accept the sponsorship, the Center may enter into sponsorship agreements or similar documents at the request of the sponsoring party. The Center records the sponsorship in its accounting books in accordance with the law.

6. The sponsoring party is responsible for the truthfulness, accuracy, and legality of the sponsorship and aid.

Article 9. Provision of Public Services by the Center

1. The Center shall provide public services consistent with its functions and tasks, including:

a) Incubation and support services for businesses, including providing workspace, technical infrastructure, resources, and necessary services for organizations and individuals to refine ideas, research and development, apply technology, and produce and trade;

b) Organization and support services for training; investigation, survey, research, publication of materials and publications on innovation, entrepreneurship, and key technological fields of the Center;

c) Advisory, connection, and promotion services for innovation and entrepreneurship, including connecting businesses, promoting investment and trade, organizing exhibition, conference, seminar, forum, and competition programs to promote innovation and entrepreneurship domestically and internationally;

d) Advisory services for establishing, managing, and operating innovation and entrepreneurship centers; management of venture capital funds;

đ) Provision of shared equipment, laboratories, software to support individuals, organizations, and businesses in training, research, design, testing, measurement, analysis, appraisal, product development, goods, materials, etc.;

e) Provision of shared workspace, including concentrated workspace, product display space, and provision of utilities to support and link organizations and individuals operating at the Center;

g) Auxiliary services directly supporting the Center's functions and tasks, including accommodation services and other auxiliary support services for innovation and entrepreneurship;

h) Other services consistent with the Center's functions and tasks.

2. The Center may utilize state assets, including headquarters and operational facilities, intellectual property rights, application software, databases of the Center, or be allocated and managed to provide public services to fulfill its functions and tasks.

Article 10. Support from the Center

The Center shall attract and support individuals, businesses; innovative startups, innovation, and organizations, individuals, partners engaged in research and development, technology application, investment, production, and trading activities at the Center's facilities consistent with its functions and tasks. Innovative startup individuals, innovation and startup businesses operating at the Center, and organizations and individuals supporting innovation shall be supported by the Center:

1. Implement administrative procedures during the research, investment, business, and commercialization of products and services process.

2. Implement procedures for entry visa, work permit, residence.

3. Promote investment and connect with the innovation and entrepreneurship ecosystem.

4. Establish offices, research areas, production zones, technology demonstration areas, and use laboratories, inspection, certification, and other facilities and utilities of the Center.

Article 11. Business Registration and Establishment of Industrial Property Rights

1. Innovative startup individuals, innovation and startup businesses operating at the Center when registering to establish a business shall be granted a business registration within one working day from the date the business registration agency receives a valid business registration dossier.

2. Innovative startup individuals, innovation and startup businesses operating at the Center shall be prioritized to implement procedures for establishing industrial property rights before the deadline upon request.

Article 12. On other mechanisms and policies

1. Innovative entrepreneurs, enterprises engaged in innovation, and innovative startups operating at the Center shall enjoy the following preferential mechanisms and policies:

a) They may mobilize and receive funding from state research and innovation support programs and from domestic and foreign businesses, organizations, and individuals in accordance with the law to implement their ideas based on exploiting intellectual property, technology, new business models, and having the potential for rapid growth;

b) They shall benefit from preferential mechanisms, policies, and convenient administrative procedures as prescribed by law to carry out innovation and startup activities.

2. The Center may establish the National Innovation Fund in the form of a business entity, with the function of mobilizing resources, managing startup investment funds, and supporting, funding, and investing in innovation and startup activities. The National Innovation Fund operates according to market principles, accepts risks, and ensures transparency. The Minister of Finance shall approve the project proposal for establishment, the Charter, and the operational mechanism of the National Innovation Fund.

Chapter III

IMPLEMENTATION

Article 13. Responsibilities of agencies

1. Ministry of Finance:

a) Propose the Government or the Prime Minister to decide within their authority on mechanisms and policies to promote the activities of the Center, organizations and individuals operating at the Center, and projects requiring special investment attraction into the Center, in line with each development period of the Center;

b) Direct the Center in legally mobilizing resources to build and operate the Center in accordance with its functions and tasks.

2. Ministry of Science and Technology:

a) Guide the implementation of procedures for establishing industrial property rights as stipulated in Clause 2, Article 11 of this Decree;

b) Take the lead and coordinate with relevant ministries and agencies to guide criteria and conditions for innovative enterprises and startup enterprises to enjoy preferential mechanisms and policies under laws on science, technology, and innovation.

3. Ministries and ministerial-level agencies within their assigned functions, tasks, and authorities shall cooperate with the Ministry of Finance to support and develop the Center's operational bases and connect innovation and startup activities with Center activities.

4. People's Committees of provinces and centrally-administered cities:

a) Support procedures for site allocation, establishment, and operation of the Center's facilities located in their localities;

b) Connect the activities of local startup and innovation centers with those of the Center.

Article 14. Transitional Provisions

1. The Center continues to enjoy land rental fee exemptions as provided in decisions of competent authorities and land lease contracts signed in the Hoa Lac High-Tech Park.

2. Assistance and funding for the Center approved before the effective date of this Decree shall be managed and utilized in accordance with Article 8 of this Decree.

3. Assistance and funding that the Center is currently processing to receive at the time this Decree becomes effective shall be implemented in accordance with Article 8 of this Decree.

Article 15. Implementation Provisions

1. This Decree takes effect from the date of issuance.

2. The following Decrees and regulations shall cease to be effective from the date this Decree takes effect:

a) Decree No. 94/2020/NĐ-CP dated August 21, 2020 of the Government on preferential mechanisms and policies for the National Innovation Center;

b) Article 113 of Decree No. 31/2021/NĐ-CP dated March 26, 2021 detailing and guiding the implementation of certain provisions of the Investment Law.

3. The Minister, heads of ministerial-level agencies, heads of government agencies, and Chairmen of People's Committees of provinces and centrally-administered cities related to this matter are responsible for implementing this Decree./.