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Official Gazette

Thursday, August 13, 2020

Law on Science and Technology

Updated: 10:57’ - 03/09/2013

From January 1 next year, the new Science and Technology Law (the Law) will take effect, superseding the 2000 Science and Technology Law.

The 81-article Law provides science and technology organizations, individuals involved in science and technology activities; organization of scientific and technological activities; measures to ensure science and technology development; and state management of science and technology.

The Law specifies the State’s policies to ensure that science and technology development constitutes a primary national policy. Accordingly, the State will prioritize and focus national resources and implement preferential mechanisms and measures for science and technology development. The State will also create conditions for the development of science and technology market and encourage enterprises to invest in science and technology activities.  

The Law prohibits acts of abusing science and technology activities to infringe upon the State’s interests, rights and legitimate interests of individuals and organizations, and damage natural resources, the environment and people’s health, morality and the nation’s traditions.

Compared to the 2000 Law, the Law contains many new regulations.

Rights and obligations of science and technology organizations and individuals involved in science and technology activities are provided in Chapters II and III.

According to Article 9, science and technology organizations include: scientific research institutions, scientific research and technological development institutions in forms of academies, institutes, centers, laboratories, research stations, observation stations, experiment stations and other forms specified by the Minister of Science and Technology; tertiary education establishments; and science and technology service organizations.

To attract overseas Vietnamese and foreign specialists into science and technology activities in Vietnam, Article 24 offers a lot of preferences to them, such as wage, housing, entry, exit and residence.  

Under Article 64, the following cases may enjoy tax incentives according to the tax law:

- Incomes from the performance of scientific research and technological development contracts;

- Incomes from products being in the period of trial production and products made by new technologies applied for the first time in Vietnam;

- High-tech enterprises, agricultural enterprises applying high technology and some activities in the field of high technology;

- Science and technology services;

- Machinery, equipment, spare parts and supplies which cannot be produced in the country imported for direct use in scientific research and technological development;

- Financial assistance from organizations and individuals for scientific research activities and used for scientific research activities; and

- Technology transfer in prioritized fields to organizations and individuals in disadvantaged areas.

The Law also provides credit policy for science and technology activities.

Under the Law, foreign science and technology organizations may establish their representative offices and branches in Vietnam to carry out science and technology and related activities. Conditions for the establishment are provided in Article 15.

The Minister of Science and Technology may grant establishment licenses for representative offices and branches. The validity of licenses is 5 years at most.

The Government will detail conditions, order and procedures for the establishment of representative offices and branches of foreign science and technology organizations.  

The Law devotes Chapter VIII to providing international integration in the field of science and technology, replacing regulations on international cooperation of the 2000 Law.

Principles and contents of, and measures for promotion of international integration in the field of science and technology are provided in the Law.

International integration in the field of science and technology must be carried out in an active and proactive manner, ensuring national independence, sovereignty and security, equality and mutual benefit. Another principle is diversification and multilateralization of science and technology cooperation with foreign countries.

International integration will focus on the following activities: associating and participating in science and technology activities with foreign countries; formulating and implementing joint programs and projects on scientific research and technological development within the framework of bilateral, multilateral, regional, inter-regional or international agreements; attracting and hiring foreign and overseas Vietnamese specialists and scientists into science and technology research and personnel training programs and projects in Vietnam; organizing exhibitions and forums on science and technology, technology markets, trading centers and exchanges; searching foreign advanced technologies and transferring them into Vietnam; and developing the network of overseas Vietnamese science and technology representations.-

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