Law 29/2013/qh13: Science And Technology

Original Language Title: Luật 29/2013/QH13: Khoa học và công nghệ

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CONGRESS
Number: 29 /2013/QH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 18, 2013

LAW.

SCIENCE AND TECHNOLOGY

____________

The 1992 Vietnamese Constitution base of the Socialist Republic of Vietnam was amended, adding some to the number of resolutions. 51 /2001/QH10;

Congress enacted the Law of Science and Technology.

CHAPTER I

COMMON RULES

What? 1. The adjustment range

The law provides for the organization, the individual active science and technology; the organization performs scientific and technological activities; the assurance of development of science and technology; the state management of science and technology.

What? 2. Subject applies

The law applies to organizations, individuals, and technology in Vietnam.

What? 3. Explain words

In this Law, the words below are understood as follows:

1. Science is the knowledge system of nature, the rule of existence and the development of things, natural phenomena, societies and thinking.

2. Technology is the solution, process, technical secret that is accompanied by or without a tool, the means used to transform the resources into products.

3. Scientific and technological activity is the work of scientific research, research and implementation of the experimental, technological development, technological applications, scientific and technological services, initiatives and other creative activities aimed at developing science and technology. technology.

4. Scientific research is the activity of discovery, discovery, nature, the rule of things, natural phenomena, societies, and thinking; innovative solutions to practical applications.

5. Basic research is the study activity aimed at exploring the nature, the rule of things, natural phenomena, societies and thinking.

6. Research in application is a research activity that uses scientific research to create new technologies, innovate technology that serves the interests of people and societies.

7. technological development is the operation to use basic research results, application research, through experimental implementation and test production to complete existing technology, creating new technology.

8. The experimental implementation is the result of application of the results of scientific research and technological development to create new technology products in the form of a sample.

9. The test production is an experimental results that results in the experimental implementation of testing to perfect new technologies, new products before entering production and life.

10. Scientific and technology services are active service, technical support for scientific research and technological development; activities related to intellectual property, technology transfer, standards, technical regulation, measurement, product quality, and more. cargo, radiation safety, nuclear and atomic energy; the service of information, counseling, training, fostering, dissemshment, application of scientific and technological achievement in the economic-social sectors.

11. The organization of science and technology is the organization that functions primarily as scientific research, implementation research and technological development, scientific and technological services activities, established and registered activities by law.

12. Individuals who are active in science and technology are the performers of science and technology operations.

13. Scientific and technological tasks are scientific and technological problems that need to be addressed in response to the practical requirements of economic development-society, defense, security, scientific development and technology.

14. Order to perform scientific and technological tasks is the ordering party to make a requirement for scientific and technological products, providing funding to organize, individuals who operate science and technology that produce scientific and technological products through the contract.

15. Infrastructure and technological development infrastructure is the physical basis-the engineering of the scientific and technological organization; the measurement system, the focal laboratory; the high tech sector, the high-tech application agricultural sector, the building incubation facility. technology, incubation facilities for science and technology; information infrastructure, science and technology statistics.

16. Innovation innovation is the creation, achievement application, technical solution, technology, management solutions to enhance the efficiency of socioeconomic development, improving productivity, quality, increased value of products, commodities.

What? 4. The mission of scientific and technological activity

1. Build an argument on socialism and the path to the socialism of Vietnam; to build scientific arguments for the planning of the road, policy, law on economic development-social, defense, security; contribute to the building of the religion. Advanced, build a new Vietnamese; inherit and develop historical, cultural, cultural, cultural traditions, and contribute to the cultural, scientific, scientific and cultural treasures of the world.

2. Enher scientific and technological competability to master advanced technology, high technology, advanced management methods; using natural resource rationing, environmental protection, human health protection; in time of forecasting, prevention, prevention, restrictions, and remediation. It ' s a natural disaster.

3. Marketing the scientific and technological achievement of the world to create, the app has new technology efficiency; creating highly competitive new products; development of Vietnamese science and technology that reaches advanced proficiation in the region, reaching out to the first degree of technology. The world, as a firm base for the development of modern industries, has promoted the popularity and application of scientific and technological achievement into production and life.

What? 5. Science and technology principles.

1. Comes from practical needs, serve economic-social development, defense assurance, security, scientific development and technology.

2. Build and develop endogenous competability in science and technology combined with the selective reception of scientific achievement and technology of the world, in accordance with the Vietnamese practice.

3. Secure the freedom of creation, democratic development in scientific and technological activity because of the development of the country.

4. Central, objective, professional ethics, self-duty, self-responsibility.

5. Secure the life of life, human health, environmental protection.

What? 6. State policy on the development of science and technology

The state implemented the following policies aimed at ensuring the development of science and technology as the top national policy:

1. Priority and centralization of all national resources for scientific and technological development; applying a mechanism of mechanisms, incentives, incentives aimed at developing the key role and dynamics of science and technology in economic-social development, security, security, and economic development. defense, security, environmental protection and raising the quality of life of the people;

2. Developing synchrony fields of social science and humorology, natural sciences, engineering science and technology; attripto the development of science and technology with the task of economic development-society, defence assurance, security; creating the premise of formation. and develop knowledge economics;

3. Promots the study of the application of advanced and advanced scientific and technological achievement applications, the study of master and the creation of new technologies for innovation, enhancing the level of technology and the competitive capacity of the product;

4. Focus on the construction of facilities-engineering, emphasis on the field of science and priority technology, national focus; the application of mechanisms, special incentive policies to develop, train, attract, use effective scientific and technological effectiveness;

5. Create the development of science and technology market;

6. Recommend, facilitalation of the investment business for scientific and technological activity, innovation, technological proficiation;

7. Encouragement, facilitations of science and engineering, political organization-social organization, social organization, social organization-professional participation, protest, social examiner and scientific and technological activities;

8. actively, actively integration international integration in science and technology; enhancing the national status of science and technology in the region and the world.

What? 7. Science and Science Day South

May 18 is a Vietnamese day of science and technology.

What? 8. The banned acts

1. The use of scientific and technological activity to violate the interests of the State, the right, the legitimate interests of the organization, the individual; the damage to the resources, the environment, the human health; the contrary, the moral of the nation.

2. Invasion of intellectual property rights; appropriation, transfer, illegal transfer of scientific and technological results.

3. Revealed documents, scientific results and technology in the state secret catalog; deception, forgery in scientific and technological activity.

4. Obstruction of scientific activity and legal technology of the organization, personally.

CHAPTER II

SCIENCE AND TECHNOLOGY ORGANIZATION

Item 1

ESTABLISHMENT, RIGHTS AND OBLIGATIONS SCIENCE AND TECHNOLOGY ORGANIZATION

What? 9. The form and classification of scientific organization and technology

1. The form of scientific organization and technology is regulated as follows:

a) The organization of scientific research, organization of scientific research and technological development is organized in the form of academic institutes, institutes, centers, laboratories, research stations, observational stations, test stations, and other forms led by the Minister of Science. and the technology of regulation;

b) The institution of higher education is organized under the regulation of the College Education Law;

c) The scientific and technological service organization is organized in the form of the central, office, laboratory, and other form provided by the Minister of Science and Technology.

2. The scientific and technological organization is classified as follows:

a) According to the established authority, the organization of science and technology consists of the types of regulation at paragraph 1 Article 12 of this Law;

b) According to the function, scientific organization and technology include the organization of basic research, the organization of application research, the organization of scientific and technological services;

c) In the form of ownership, scientific organization and technology include scientific organization and public technology, scientific and technological organizations in addition to public science and technology.

What? 10. Scientific and technological organization network planning public

1. Base on the mission of economic development-society, defense, security and strategic development strategies of science and technology, the Ministry of Science and Technology chaired, in coordination with the ministry, the peer agency, the government agency, the Provincial People ' s Committee, and the United States. The central city and other state agencies built, the Prime Minister approved the network planning of scientific organization and public technology.

2. The construction of the scientific organization network planning and public technology must be made in accordance with the following principles:

a) Construction of the unified scientific and technological organization network planning, synchrony and rationing, in accordance with the requirements for scientific development and technology and economic development-society, defence assurance, security;

b) Attending scientific and technological organization with the institution of training and application of the results of the results of scientific research and technological development;

c) The guarantee of the goal of enhancing scientific and technological competability, emphasis on the fields of science and technology that serve directly on the development of economic-social, defense, security;

d) Secure the efficient use of the state's resources, promote investment socialization for scientific and technological development, particularly in the field of science and priority technology, focus.

What? 11. The founding condition, the organization ' s operational registration. Science and technology

1. The organization of science and technology is established when there is sufficient following conditions:

a) There is an organizational and operational charter, the objective, the operational direction in accordance with the rule of law;

b) The scientific and technological manpower, the physical basis-the response technique requires the implementation of the objective, direction and charter of organization and operation.

2. In addition to the regulations at this 1 Article, the establishment of the scientific organization and public technology must conform to the network planning of scientific and technological organization and the appraisal of the state governing body in terms of science and technology according to the hierarchy. of the Government.

In the case of the Ministry of Science and Technology established scientific and technological organization, the Minister of Science and Technology established the interdisciplinary council for appraisal.

3. The establishment of scientific organization and technology with foreign capital must comply with the provisions at paragraph 1 This and meet the following requirements:

a) The purpose, content, field of operations in accordance with the regulation of the law, requires the development of science and technology and economic development-the society of Vietnam;

b) Minister of Science and Technology for the establishment;

c) A provincial Committee of the Provincial People's Committee (later known as the Provincial People's Committee) allows the local office to be located.

4. The scientific and technology organization must register activities at the state governing body with the authority on science and technology and is granted a certificate of registration of scientific and technological activity.

5. The government specifies the specific conditions of establishment, jurisdiction, sequence, operational registration procedures of scientific and technological organization.

What? 12. Authority, sequence, procedure of establishment, merger, division, separation, dissolution of the scientific organization and technology.

1. The authority to establish a scientific organization and technology is regulated as follows:

a) Congress, the Standing Committee of the National Assembly established the scientific and technological organization of the National Assembly, the Standing Committee of the National Assembly;

b) The government established the organization of science and technology within the Government;

c) The Supreme People's Court established the scientific and technological organization of the Supreme People's Court;

d) The Supreme People 's Audit Institute established the scientific organization and technology of the Supreme People' s Examination Institute;

The Prime Minister established or authorized the Minister, the chief of the peer-to-peer authority, the government agency to establish scientific organization and technology of the ministry, the peer agency, the government agency;

e) The minister, the head of the peer-to-peer agency, the government body of the Government to establish a scientific and technological organization of the ministry, the peer agency, the government agency, except for the specified case at this point;

g) The Provincial People ' s Committee established the local scientific and technological organization by the authority;

h) Political organization, political organization-social organization, social organization, social organization-a profession that founded scientific and technological organizations in accordance with the laws of law and charter;

i) Businesses, other organizations, individuals founded their scientific and technological organization.

2. Agency, organization, individual founding the scientific organization and technology has the right to determine the merger, division, separation, dissolution of the scientific organization and technology; the functional regulation, the mission of the scientific organization and the technology established itself in accordance with the rule of law. The law.

3. The government regulates the sequence of the self, the procedure of establishment, mergers, division, separation, dissolution of the scientific organization and technology.

What? 13. Science and technology organization

1. Self-responsibility in scientific and technological activity in the field has been granted active registration certification. The organization of science and technology is established by the State of the State.

2. Subscription to select or be directly assigned to scientific and technological tasks; contracting scientific and technological contracts; human resources training, financial fostering of science and technology.

3. Founded scientific organization and technology, business or scientific enterprise and technology directly, the representative office, domestic branch and abroad for scientific and technological activities under the regulation of this Law and the other regulation of the law, and the United States. The rules are relevant.

4. Co-operation, joint venture, sponsorship of the organization, individual; capital contributions, property, value of intellectual property rights to operate science and technology and manufacturing activities, business under the law.

5. Protection of intellectual property rights; transfer, transfer of the results of scientific and technological activity under the rule of law on intellectual property and transfer of technology.

6. Annacts of the results of scientific and technological activity under the provisions of the Law of the Press, the Law of publication and other provisions of the law.

7. Consulting, proposing to the idea of building policy, law, economic development planning-the society, the planning of the development of science and technology of the State with a competent authority.

8. Participate in international integration in science and technology.

9. Being transformed partially or fully into the scientific and technological enterprise according to the regulation of the law.

What? 14. Science and technology organization ' s obligation

1. Register for scientific and technological activity; the implementation of scientific and technological activity in the right field has been specified in the operational registration certificate.

2. Make the scientific contract and technology signed, scientific and technological mission due to the agency, the organization has the authority to deliver.

3. Implementage of democracy, equality, public use of funding and implementation of scientific and technological tasks.

4. Make sure the funding for basic scientific research is regularly in its function; using investment funding for science and technology in law.

5. Register, save, and transfer the results of scientific research and technological development using state budgets.

6. Do the report mode, statistics on science and technology.

7. Protect the interests of the State and the society, the right, the legitimate interests of the individual who operate science and technology in their organization; keep the state secret of science and technology.

What? 15. Representative Office, branch in Vietnam Men of science and foreign technology.

1. The foreign technology organization and technology organization is established in the representative office, branch in Vietnam to operate science and technology, operate directly related to scientific and technological activities under the regulation of this Law and other regulations of the United States. The law is relevant.

2. The establishment of the representative office, the branch in Vietnam of the scientific organization and foreign technology must meet the following conditions:

a) The legal organization and technology organization of the international organization, the country, the territories where that organization is established or registered.

b) satisfy the stipulation conditions at paragraph 3 Article 11 of this Law;

c) Activity in the field of science and technology in which Vietnam has a need;

d) Committed to strict approval of the rule of Vietnam and the international treaty that Vietnam was a member.

3. The license to establish a representative office, branch in Vietnam of scientific organization and foreign technology organised by the Minister of Science and Technology and has no more than 05 years but does not exceed the rest of the active registration paper or the application. Papers with the equivalent value of scientific organization and foreign technology in the case of the national law have a statute of limitations on the activities of scientific organization and foreign technology.

4. The representative office, the branch in Vietnam of the scientific organization and foreign technology that is carried out the scientific and technological activities inscribed in the established and entitled licenses, the obligations under the provisions of this Law and other provisions of the law are available. All right.

5. The government provides specifically the condition, sequence and procedure establishing representative office, branch in Vietnam of the scientific organization and foreign technology.

Item 2

EVALUATION, RATING OF SCIENTIFIC AND TECHNOLOGICAL ORGANIZATION

What? 16. The purpose, the assessment principle, the ranking of scientific organization and technology

1. Evaluation of scientific organization and technology is the use of knowledge, professional employment to determine the capacity and performance of the organization of science and technology.

2. The evaluation of the scientific and technological organization aims to the following:

a) Create the basis for the ranking of scientific and technological organization;

b) Serve the planning of science and technology development policy, the network planning of scientific and technological organization;

c) As a consideration of the selection, direct communication for the host of scientific and technological tasks, implementation of the investment policy of investment from the state budget, lending, funding, the fund's loan guarantee in the field of science and technology. Yeah,

3. The evaluation, ranking of scientific organization and technology is done in accordance with the following principle:

a) There is a method, the appropriate assessment criteria;

b) Independence, equality, honesty, objective, law enforcement;

c) The rating results must be published publicly, transparent.

What? 17. Scientific organization and technology organization serving the state management

1. The scientific organization and public technology must be evaluated to serve state management.

2. The evaluation of scientific organization and technology serves state management by the state governing body of science and technology implemented or through an independent assessment organization.

3. The evaluation of the scientific organization and technology is done based on criteria and evaluation methods by the Minister of Science and Technology for each type of scientific and technological organization.

What? 18. Independent review organization

1. The organization has the legal status, the individual is made an assessment, ranking of the organization of science and technology under the provisions of this Law and the other regulation of the relevant law.

2. The evaluation, ranking of scientific organization and technology must follow the principle of regulation at paragraph 3 Article 16 of this Law.

3. The organization, the individual who performs the assessment, ranks must be responsible for its assessment results, ranking its rating.

CHAPTER III

INDIVIDUALS OF SCIENCE AND TECHNOLOGY, DEVELOPMENT OF SCIENTIFIC AND TECHNOLOGICAL RESOURCES

What? 19. Office of scientific research, technological title

1. The name of scientific research is the name of the performance and scientific research capability of the individual active in the field of science, including research assistants, research fellow, lead research, senior research.

Individuals active in science and technology participate in teaching, undergraduate training, and postgraduate studies in the appointment of professors, associate professors. The procedure for appointment is by law on higher education.

2. The title of technology is the name of a professional performance and capacity, the individual's career active in each field of technology.

The government provides specifically the title of technology, procedure, process of recognition, appointment of the name of scientific research, the title of technology.

3. The person who has a PhD student or has an outstanding scientific and technological research work or a high award in science and technology is considered recognized, appointed to scientific research, the higher technology title of non-dependence in the year. work.

4. The Ministry of Internal Affairs chaired, in collaboration with the Ministry of Science and Technology, ministry, peer-to-peer agency that regulates the portfolio system, standards, and codes for scientific research, the title of technology.

What? 20. The rights of individuals to operate science and technology

1. Freedom of creation, equality in scientific and technological activity.

2. Yourself or cooperate with the organization, the other individual to operate science and technology, sign the scientific and technological contract.

3. Being facilitated to participate, carry out scientific and technological tasks according to the function of the scientific organization and technology that he is a member.

4. Founded the scientific and technological enterprise, organization of science and technology in a number of areas under the terms of the Prime Minister.

5. Register for selection or be directly assigned to scientific and technological tasks.

6. Be protected from intellectual property rights; transfer, transfer of the results of scientific and technological action by the rule of law on intellectual property and transfer of technology.

7. The results of the results of scientific and technological activities under the provisions of the Law of the Press, the Law of publication and other provisions of the law.

8. Money-funded, property, intellectual property rights to scientific and technological activities, manufacturing, business; receive funding for scientific and technological activities by law.

9. Consulting, proposing to build policy, law, economic development plans-the society of the State with a competent agency, the scientific and technological development plan of the scientific and technological organization that he is a member and joining the monitoring of the organization. It's done.

10. Participate in the scientific and technological organization, association, scientific association and technology; participation in training, counseling, conference, scientific and technological seminars; participation in international cooperation in science and technology.

11. Accepted, appointed to the title of regulation at Article 19 of this Law.

12. Commendable, entitled to preferable, support under the rule of law.

What? 21. The service of the individual operates science and technology

1. Intellectual Contribution, talent to the development of science and technology, economic development-social, defense, security.

2. Make the scientific contract and technology signed.

3. Practice of scientific and technological mission due to the agency, the organization has the authority to deliver.

4. Register, save, and deliver the results of scientific research and technological development using state budgets.

5. Keep the state secret of science and technology, protect the interests of the State and the society.

What? 22. Human training, human rights fostering science and technology

1. Based on the national human resource development planning, the Minister of Science and Technology approve the development of scientific and technological resources development on the proposed basis of the ministry, the peer agency, the government agency, the People ' s Committee of the People. And the state and the organs of the state.

2. The Ministry of Education and Training chaired, in collaboration with the Ministry of Science and Technology, the specialized management of undergraduate degree training, postgraduate; discovery, training of talented fostering to supplement scientific and technological resources, the maintenance of the industry structure, and the development of ... the field and the region; the focus of training high-level human resources for the field of science and technology priority, focus.

3. The Ministry of Science and Technology chaired, in collaboration with the agency, the organization involved in training, fostering, raising professional qualifications, a career in science and technology for the team of science and technology workforce across the country.

4. The State encourages, faciliteit to organize, self-trained individuals, participate, fund the training, retraining of manpower, fostering scientific and technological talents; encourage training and the use of women ' s human resources in scientific and public activity. the art; priority attracted, training of scientific and technological manpower for the region with economic conditions-difficult societies, particularly difficult.

5. The funding for the training of the human resources specified at paragraph 2 This is guaranteed by the state budget. The funding of the training, fostering, advanced level of expertise, a business of regulation at paragraph 3 This is taken from the funding of the career of science and technology. Funding for the training, retraining of the human resources of science and technology stipulated at paragraph 4 This is unless determined to receive taxable income.

6. The government specifically regulates this.

What? 23. Incentives in the use of manpower, scientific and technological personnel

1. The person appointed to the post of scientific research, the title of the following preferable technology:

a) Being placed in the position of employment and salary cap, subside in accordance with the expertise and competability in the organization of science and public technology;

b) Be entitled to the tax on the prescribed tax at Article 64 of this Law;

c) Being equipped with the means and facilitation of facilitation is higher than the regulation level for cadres, state civil service and in accordance with the request for the implementation of the scientific mission and technology delivered;

d) Be exempt from civilian responsibility in the event of the damage, risk caused by the State in the course of the implementation of scientific and technological tasks due to the objective cause, despite the full process of process, regulation of scientific research.

2. The chief scientist in addition to the rule of 1 Article is also entitled to the following:

a) The priority of the host of important scientific and technological tasks;

b) established the outstanding team of research in its field of expertise and is granted or supported funding for the operation of this group;

c) To be directly proposed, participate in the construction, evaluation and policy response of the industry, the field, the country of scientific and technological development; and

d) is prioritiled to the task of delivering an independent protest mission to the scientific mission and national technology, ministerial level, and provincial level;

The government of the United States is entitled to the extent of the government.

e) Support for participation in the conference, domestic and international scientific seminars in the field of expertise.

3. Scientists have been assigned to scientific mission and national technology especially important in addition to the rule of one Article which is also preferable to the following:

a) Enjoy the minimum wage and provision of special privileges in accordance with the state agency of the mission; being deployed at the service, the means of travel to the service in the time of carrying out the mission is delivered;

b) Proposal for the dynaming of scientific and technological manpower, the cost of performing tasks and resources, the financial guarantee of duty;

c) Hire, the cost agreement for hiring professionals in the country and abroad; self-determination of the purchase of patents, design, technical documentation, technology tips for tasks within the scope of the funds to be delivered;

d) Self-determination and funding participation in the conference, domestic and international scientific seminars in the field of expertise;

The Governor-General decides to organize the mission.

4. The talented young scientist in addition to being preferable to the rule of one Article is also entitled to the following benefits:

a) A priority at the scholarship level to enhance the level in the country, in addition to the water;

b) established the outstanding team of research in its field of expertise and is granted or supported funding for the operation of this group;

c) Delivered the implementation of the potential scientific and technological mission and is priorititiated, participating in the implementation of other scientific and technological tasks;

d) Support for participation in conference, domestic and international conferences in the field of expertise.

5. The government specifically regulates this.

What? 24. The personal attraction of science and technology is Vietnamese. South abroad and foreign expert

1. Individuals who operate science and technology are Vietnamese overseas, foreign experts are encouraged to participate in scientific and technological activities in Vietnam.

2. Individuals who operate science and technology are Vietnamese overseas during working time in Vietnam to have the right, obligations of regulation at Article 20 and Article 21 of this Law and enjoy the following incentives:

a) Being appointed, hired as a leadership of the organization of science and technology organization; is entrusted with the implementation of scientific mission and technology of grants, recognition, appointment of the name of scientific research, the title of technology under regulation at Article 19. of this law;

b) Be entitled to a professional salary under the provisions of the Government and other incentives according to the contract;

c) enjoys the benefits of entry-entry, residence, housing, and other incentives by law.

3. Foreign experts are encouraged to participate in scientific and technological activities in Vietnam and enjoy the following incentives:

a) Be hired as the leadership of the organization of science and technology organization; assigned to the implementation of scientific and technological mission;

b) The benefit of entry, residence, housing, and other preferable law;

c) To be entitled to the provisions of the government and other incentives under contract.

4. Individuals who operate science and technology are Vietnamese overseas, experts who are foreigners who have a great contribution to Vietnam ' s scientific and technological development experience honored by the State of Vietnam, commendation, giving the award of the best in the world. Science and technology of Vietnam.

5. The government specifically regulates this.

CHAPTER IV

IDENTIFY, EXECUTE. SCIENCE AND TECHNOLOGY MISSION

Item 1

TASK VALIDATION SCIENCE AND TECHNOLOGY

What? 25. Science and technology mission

1. Scientific and technological mission is organized in the form of program, subject matter, project, research mission according to the function of the organization of science and technology and other forms.

2. Scientific and technological mission using state budgets including scientific and national level technology, ministerial level, provincial and level-level authority provided by the authorities under the jurisdiction of Article 27 of this Law.

The scientific and technological mission, the ministry, the provincial level must follow the order of order.

3. The State encourages, faciliteit to every organization, the individual to propose scientific ideas, scientific and technological tasks.

The government provides criteria for defining scientific and technological tasks in accordance with each stage of development and field of science and technology; the measure of promotion of scientific ideas, scientific and technological tasks.

What? 26. Proposition of scientific and technological mission

1. The proposed proposal of scientific and technological tasks using the state budget is regulated as follows:

a) Agency, organization, individual to the proposal of scientific and technological mission proposals on ministries, peer agencies, government agencies, Provincial People's Committees, and other state agencies in the center are consistent with the sector, field, place of administration to sum up.

Ministry, peer agency, government agency, Provincial People's Committee, and other state agencies in the centre held the opinion of the identification and public publication of its order, and sent proposals to order scientific and technological tasks. It ' s about the Ministry of Science and Technology.

b) The Ministry of Science and Technology is responsible for aggregation of the order, the organization taking advice on the scientific mission and the national level of technology and public publication;

c) The Minister of Science and Technology is actively responsible or at the request of the Government, the Prime Minister of Government, which proposes to order scientific and technological-level technology, newly born to have a major impact on economic development-social and economic development. of the country, which affects the defense, national security; the organization takes its advice on these missions;

d) The identification of the advice of scientific and technological tasks is carried out through the Advisory Council that defines the scientific and technological task.

The Advisory Council defines the scientific and technological mission due to the head of the agency, the organization has the authority to decide the establishment, mandate of duty and authority. The composition of the Council includes the scientist, the manager, the reputable business and the level of the mission. In the case of necessity, the head of the agency, the competent organization has the right to take the advice of an independent advisory expert before or after the Council meeting. Council members and independent consultants are responsible for their advice.

2. The proposal for scientific and technological duty not to use a state budget may apply the regulation at 1 Article.

3. The proposed, consulting task defining application research mission in the field of science, technology and engineering must include experimental implementation content, testing production, and funding for these activities, or the proposed implementation of the implementation project. Experimental, experimental production.

4. The Minister of Science and Technology specifically regulates this.

What? 27. The approval authority, contracted to carry out scientific and technological mission

1. The authority to approve the mission of science and technology is regulated as follows:

a) Base on strategy, economic development plans-social and scientific development strategies and national technology, Ministry of Science and Technology approvage, objectives, scientific and technological mission 05 years and the scientific and technological mission, and the development of technology and technology. the yearly nation;

b) The ministry, the peer agency, the government agency, the other state agency in the centre and the Provincial People ' s Committee approved the scientific and technological mission, the provincial level;

c) The organization, the individual that is not part of the regulation at the point a and this b point is self-approved or the authorities have the authority to approve the scientific task and the underlying-level technology according to its organization and operation.

2. The authority to sign with the organization, the individual who performs the scientific mission and the technology is prescribed as follows:

a) the Ministry of Science and Technology contracted the scientific mission and technology of the national level;

b) The ministry, the peer agency, the government agency, the other state agency in the centre and the Provincial People ' s Committee signed the contract to carry out scientific and technological tasks, the provincial level;

c) The organization, the individual stipulated at the point of 1 Article 1 This is contracted to carry out the scientific mission and technology-level technology.

3. Ministry, peer agency, government agency, other state agency in the centre and the Provincial People ' s Committee are responsible for sending reports of the Ministry of Science and Technology on the approval and signing of the co-implementation of scientific and technological duty to synthesise, Put it into the national database of science and technology.

Item 2

IMPLEMENTATION METHOD SCIENCE AND TECHNOLOGY MISSION

What? 28. The method of delivery of scientific and technological tasks

1. Scientific and technological mission using state budgets is delivered by the method of selection, direct communication, funding from the state fund in the field of science and technology.

2. scientific and technological tasks that do not use a state budget can be made in accordance with the method of regulation at one Article or another by the organization, the individual selected.

What? 29. The organization of the organization, the individual who performs scientific and technological tasks using the state budget.

1. The selection of scientific and technological tasks using state budgets is the identification of the organization, the individual who performs scientific and technological tasks and has to ensure competitive, fair, effective.

2. Scientific and technological mission has many organizations, individuals with the ability to participate in the implementation of the selection method for the highest efficiency.

3. The state governing body for science and technology of levels must be publicly informed on the electronic portal of its body or other public information other than the category of scientific and technological tasks; conditions, procedures for selection.

4. The selection of the organization, the individual who performs scientific tasks and technology must ensure public, fair, democratic, objective; the results of the selection must be published publicly on the port of electronic information or other public information.

5. The head of the state governing body for science and technology the establishment of the Board of the Organizational Selection Council, the individual who performs the scientific and technological mission and the mandate of the mission, the powers of this Council.

The Council selects the organization, the individual who performs scientific and technological tasks led by the head of the state governing body of science and technology of established levels, mission regulation, and authority. The council has a consultable task and is responsible for its consultation. The composition of the Council includes the scientist, the manager, the reputable business and the level of the mission. A member of the Council must have the capacity, qualities, qualifications that are consistent with scientific and technological tasks and are responsible for their advice.

6. The head of the state governing body of science and technology of subordinated levels before the law on the decision to choose the organization, the individual who performs scientific and technological tasks after the consultation of the Council. In the case of necessity, the head of the state governing body for science and technology of grants has the right to obtain the advice of independent consultants before deciding.

7. The Minister of Science and Technology specifically regulates the organization, the individual who performs scientific and technological tasks.

What? 30. Science and technology mission using the state budget is delivered directly to the

1. State of the State directly to the organization, the individual who performs scientific and technological duty on one of the following cases:

a) the scientific and technological mission of the national secret, the security of security, defense;

b) scientific mission and war technology;

c) The scientific and technological mission that only one scientific organization and technology has qualified for manpower, expertise, equipment to carry out that task.

2. The head of the state governing body has the authority to decide to hand over the scientific and technological task of regulation at this after taking the advice of the Scientific Advisory Council and the technology and must be responsible for the delivery of its tasks. The organization, the individual who is assigned to the task force must have sufficient capacity, condition, and expertise.

In the case of necessity, the head of the state governing body has the right to take additional advice from the independent advisory expert before the decision.

3. The government specifically regulates this.

What? 31. Scientific and technological mission is funded in the field of science and technology for funding, lending, capital loan guarantee.

The organization, the individual has the right to propose scientific and technological mandate to fund science and technology development, technology innovation fund, high tech venture capital fund and other funds in the field of science and funding, lending, lending, equity, and other financial institutions. according to the foundation and operation of the foundation.

What? 32. The link identifies and performs scientific and technological tasks.

1. The State encourages, faciliteit scientific and technological organization, associate scientist with other business and organization to identify, carry out scientific and technological tasks that require innovation, enhancing the level of technology, productivity, quality, and quality of life. the amount and the competiability of the product, the goods.

2. The funding of funding from the state budget for the implementation of the scientific mission and the regulation technology at paragraph 1 This is stipulated as follows:

a) Support up to 30% of the investment capital for the project enterprise project results on scientific and technological tasks to create new products or enhance the productivity, quality and competiability of the product from the results of the implementation of scientific and technological tasks. the art; support of up to 50% of investment capital for the implementation project in the economic zone-difficult society, particularly difficult;

b) Support up to 50% of the investment capital for the project implementation of scientific mission and national technology in the priority area, the focus of the State.

3. The government provides specifically the conditions, forms, sequences, procedures and the level of support of the State for the scientific and technological tasks stipulated at this.

Section 3

SCIENCE AND TECHNOLOGY CONTRACT

What? 33. The classification of scientific and technological contracts

1. Scientific and technological mission, scientific and technological service operations are carried out through the scientific and technological contracts in writing.

2. The types of scientific and technological contracts include:

a) Contract for scientific research and technological development;

b) Contract transfer contract;

c) Contract for scientific and technological services.

3. The Minister of Science and Technology regulates the contract stipulated at the point a 2 This Article.

What? 34. Rights, the obligation of the ordering party under the scientific research contract and technology development

1. The order on the order of the scientific research contract and the development of the technology has the following right:

a) Owing the results of scientific research and technological development, if there is no other agreement in the contract;

b) Organization of ownership or the use of the results of scientific research and technological development.

2. The ordering party pursues to the scientific research contract and technology development that has the following obligation:

a) Provide the information necessary for the implementation of the contract;

b) The organization recorded the results of the ordering task;

c) Take on and organize the application deployment or transfer the results of the study after the recovery;

d) Full payment of the ordering party to order under the agreement in the contract.

What? 35. Rights, the obligation of the party to order implementation of the scientific research contract and technology development

1. The recipient of the order implementation of the scientific research contract and technology development has the following right:

a) Enjoy the author ' s rights to the results of scientific research and technological development under the agreement in the contract;

b) The ordering party provides the provision of information and other conditions under the agreement in the contract to make the contract;

c) Take the funds of the ordering party to make the contract.

2. The recipient of the order implementation of the scientific research contract and technology development has the following obligation:

a) The table of the results of the study, and the delivery of the product according to the right of the contract;

b) Keep a secret of the results of scientific research and technological development under the agreement;

c) Not transferred the results of scientific research and technological development to others without the approval of the ordering party.

What? 36. Resolve dispute resolution Science and technology

1. The breach of the scientific contract and the technology must compensate for the damage caused by its failure and be processed under the rule of law.

2. The scientific contract dispute and technology is resolved first in accordance with the principle of reconciliation, direct bargaining between the parties. Where the parties are unable to resolve, the dispute is resolved by arbitration or court.

Section 4

ASSESSMENT, RECOVERY, REGISTRATION, RETENTION THE RESULTS OF SCIENTIFIC AND TECHNOLOGICAL TASKS

What? 37. Evaluation, results in results of scientific and technological tasks

1. Scientific and technological mission using the state budget, when the end must be evaluated objectively, accurately through the Scientific Council and the specialized technology. Scientific and technological interrogation people determine the results of scientific and technological tasks. In the case of necessity, the person who delivered science and technology had the right to take additional advice from the organization, the independent consulting expert before the decision was decided.

2. Scientific and technological mission does not use the state budget due to the organization, individual self-organization assessment, acceptance. In the event of an organization, individuals who are not capable of self-organizing assessments, have the right to recommend the state governing body for science and local technology to review evaluation, experience.

3. The results of carrying out scientific and technological tasks do not use the state budget that affects national interests, defense, security, environment, networking, human health must be questioned by the state governing body of science and technology. The authority.

4. Every year, the Ministry of Science and Technology publicly announced the portfolio of scientific and technological tasks using the state budget that has been obtained.

5. The Minister of Science and Technology regulates the criteria, procedures for evaluation, the results of the results of scientific and technological tasks.

What? 38. Scientific Council and technology specialship, organization, expert advisory expert assessment, results of the results of the results of scientific and technological tasks

1. The person who interacts the science and technology is responsible for the establishment of the Scientific and Organizational Technology Council, the independent consulting expert for evaluation, the results of the results of scientific and technological tasks.

2. The composition of the Scientific Council and specialized technology including the scientist, the agency representative, the organization proposing ordering, the agency, the ordering organization, the manager, the competence and the expertise in line with the task.

3. Organization, independent consulting experts must have the capacity and expertise in line with the task.

4. Scientific and technological council, organization, independent consulting expert conducting evaluation, results of the results of the results of scientific and technological tasks according to the purpose, requirements, content, results, the progress in the contract that has been signed and concluded. It ' s responsible for the people who deliver science and technology.

5. Science and technology council, organization, independent consulting expert, is responsible for its assessment results.

What? 39. Register, save the results of carrying out scientific and technological mission

1. The results of scientific and technological task use of the state budget must be registered, stored at the national scientific and technological information body and at the authority of the ministry, the industry, the host locality.

The results of the scientific and technological mission of the state secret catalog are registered, stored in a classified mode.

2. The results of scientific and technological duty not using the state budget are encouraged to register, save at the national scientific and technological information agency or the authority of the ministry, industry, local.

What? 40. The responsibility to take and organize the results of the results of scientific and technological tasks

1. For scientific and technological duty using state budgets, the minister, the head of the peer agency, the government agency, the other state agency in the center, the chairman of the Provincial People ' s Committee, the head of the political organization, the political organization. -socially responsible, application organization, business layout, efficient evaluation of the results of application of scientific and technological tasks due to his proposed ordering or ordering after being evaluated, collected and periodically periodically sent to report. results of the application of the Ministry of Science and Technology.

2. For scientific and technological tasks that do not use the state budget that the organization, the individual is unlikely to organize the application of research results, has the right to recommend the state governing body for science and local technology to consider facilitework. Application.

3. The case of the result of scientific and technological duty does not use the state budget organized, the individual donor, giving it to the State the state agency has the authority to take responsibility for the receiving, save and review of the application organization.

Section 5

OWNERSHIP, AUTHORSHIP RIGHTS TO THE RESULTS SCIENTIFIC RESEARCH AND TECHNOLOGICAL DEVELOPMENT

What? 41. Rights of ownership, the right to use the results of scientific research and technological development

1. Organization, individual investment finance, facilities-engineering for the implementation of scientific and technological tasks is the owner of the results of scientific research and technological development, except where the parties have other agreements in the scientific research contract. Learning and developing technology.

2. For the results of scientific research and development of technology generated by state budget, state ownership of state ownership is regulated as follows:

a) The Minister of Science and Technology is the resulting owner of the results of the implementation of the scientific mission and the national technology;

b) The minister, peer-agency chief, government agency, other state agency in the center, the chairman of the Provincial People ' s Committee is to represent the results of the resulting scientific and technological tasks, provincial or level-level technologies due to its approval. Browse.

c) The chief of the agency, the organization that is not part of the regulation at the point a and point b of this clause is the owner of the resulting owner carrying out the scientific and technological mission due to his decision to approve.

3. State-owned state-owned representative at paragraph 2 This has the authority to deliver the whole or part of the ownership or the right to use the results of scientific research and development of the technology created by the state budget under the Government ' s provisions. It ' s the host of scientific and technological tasks.

4. The exercise of ownership, the right to use the results of scientific research and development of the technology generated by the state budget stipulated at paragraph 3 This is stipulated as follows:

a) The case is given all or part of the ownership, the organization presiding over the task of science and technology exercise this right under the rule of law on intellectual property and law on technology transfer;

b) The case for use is the organization that hosts the implementation of the scientific mission and the technology that exercise this right under the rule of law.

5. The institution of hosting the host of scientific and technological tasks cannot be used as a result of scientific research and technological development by regulation at point b 4 This is the state owner stipulated at paragraph 2. decision to hand over that use to other organizations is likely to use the results of scientific research and technological development.

6. The government regulates the specific case, sequence, procedure, and the use of the results or rights to use the results of scientific research and development of regulation technology at this.

What? 42. Author rights to the results of scientific research and technological development

The direct person to do scientific research and technological development is the author of the results of scientific research and development of that technology. The author of the results of scientific research and technological development is entitled to the regulation of this Law and the other regulation of the relevant law.

Article 43. Division of profit when used, transfer of use, transfer, which contributes to the results of scientific research and technological development using state budgets, is used.

Profits gained from the use, transfer of use, transfer, which contributed to the results of scientific research and technological development using the state budget were divided by a minimum author of 30%; the rest is divided between the owner, the body and the body. The government is chaired by the government.

CHAPTER V.

RESEARCH RESULTS APPLICATION SCIENCE AND TECHNOLOGY DEVELOPMENT,

DISSEMINOLOGY OF SCIENTIFIC KNOWLEDGE AND TECHNOLOGY

What? 44. Responsible for implementing the results of scientific research and technological development

1. The responsibility for implementing the results of the application of scientific research and technology development of the order of ordering or ordering the implementation of the scientific mission and the technology using the state budget is implemented as specified in Article 40 of this Law.

The case of ordering or ordering orders not to take responsibility for regulation at this paragraph shall be processed under the rule of law.

2. The organization, the individual who chairs the scientific mission and the technology using the state budget is directly responsible or engaged in implementing the results of the application of scientific research and technological development into production, life under the research contract. scientific and technological development, requirements and guidance of the ordering party, minus the case of insolability.

In case of organization, the individual presiding over scientific tasks and technology that does not take responsibility for regulation at this paragraph shall be processed under the rule of law, and is not involved in the implementation of scientific and technological tasks. State budgets for the three-year period since the day of the trial.

What? 45. Encouraging the results of the results of scientific research and technological development

1. Organization, the individual who uses the results of scientific research and technological development, particularly high-tech and mining, uses patents to innovate economic management-society, innovate technology and enhance the competiability of the product, the goods that are preferable. to tax, credit, and other incentives by regulation in this Law and other legislation is relevant.

2. Owner, author, and successful applicant results in the results of scientific research and technological development benefit due to the application of this result in the production and life of the scientific and technological contract and by the regulation of this Law.

3. The successful application of scientific achievement and technology into production, life is one of the main criteria for assessing the capacity of the author, head of the scientific organization and technology, enterprise; being the base for the State to prioritive while considering it. selected, delivered scientific and technological tasks using state budgets; funded by the State Foundation in the field of science and technology for the funding of science and technology operations.

4. Organization for the promotion, promotion, promotion, promotion, organization of scientific and technological services are supported, tax incentives and other incentives under the regulation of the law to quickly bring results of scientific research and technological development into production and development. life, commercializing the results of scientific research and technological development.

5. Political organization, political organization-social organization, social organization, social organization-profession according to function, its mandate is responsible for faciliteming the results of the results of scientific research and technological development.

What? 46. Scientific and technological application in the investment project, the economic development-social-economic development program

1. The investment project, the social-economic development program that uses the state budget to set up a section for the application, research and development of the development of the scientific base in the period of investment preparation, implementation of the investment and solving of scientific problems. They ' re learning and technology that ' s in the process.

2. The investment project, the social-economic development program must be determined by the scientific basis, the technology level that meets the requirements under the law prior to approval.

3. The government regulates the authority, the sequence, the procedure for the appraisal of the technology in the investment project, the economic-economic development program.

What? 47. Recommend creative activity Ants, technical improvements, production rationalization and innovative innovation.

1. The state governing body for science and technology levels must take measures to promote the initiative movement, technological innovation, production rationalization and innovative innovation.

2. Every year, the Ministry of Science and Technology in collaboration with political organization, political organization-social organization, social organization, social organization-profession, business organization initiative, innovation, engineering innovation, production of innovation, innovation, innovation, innovation. to the science of science and technology to support these activities.

3. The business devoted to organising initiatives, technical improvements, production rationalization, innovative innovation costs the cost of this activity to invest in the science and technology operations of the business.

4. State of funding, promotion of organization, individual organization, funding for initiative activities, technical improvements, production rationalization, innovative innovation and organization of initiatives, technical improvements, production rationalization, innovative innovation.

What? 48. Media, disseminology of scientific knowledge and technology

1. State of investment, promotion of organization, business, private investment development, media and technology development.

2. Ministry of Science and Technology chaired, in collaboration with the Union of Vietnamese scientific and technical societies, agencies, organizations that are involved in building and organizing a yearly plan, 05 years of media work, disseminology of scientific knowledge and technology.

3. The funding of the organization, the business, the investment individual, the funding for the media operation, the disseminology of scientific knowledge and technology is calculated at the reasonable cost.

CHAPTER VI

INVESTMENT, FINANCE SERVES SCIENCE AND TECHNOLOGY DEVELOPMENT

Item 1

STATE INVESTMENT

What? 49. State budget for science and technology

1. The state guarantees scientific and technological expenditures from 2% or more in the annual total of state budgets and increases in accordance with the development requirements of the scientific and technological careers.

2. The budget for science and technology must be inscribed as a separate item in the ministry ' s annual state budget, industry, local.

3. The allocation of state budgets for the science and technology of the following year is made on the basis of the needs of the practice and the results of the use of the budget have been allocated.

What? 50. The purpose of the state budget for science and technology

1. Implemonation of scientific and technological mission priority, focus, scientific mission and the technology of the general benefits of society; emphasis on fundamental research in the fields of science and technology.

2. Maintenance and development of scientific and technological competabilities, investment and support for the construction of facilities-engineering for scientific and technological institutions; ensuring regular basic research activities of scientific organization and public technology.

3. Development of scientific and technological resources.

4. Level the funds for the State ' s Fund in the field of science and technology according to regulation at Article 59 of this Law.

5. Support the implementation of application research and technological innovation in the priority field, the focus.

6. Push for local science and technology applications.

7. Buy the results of scientific research and technological development, support for importing source technology, high technology, design, domestic and foreign professionals in the priority field.

8. Proclamation, dissemation of knowledge, media, information, scientific and technological statistics; support for registration of intellectual property rights, published results of scientific research and technological development, scientific and technological solutions.

9. Support for other scientific and technological activities.

What? 51. Building the project and manage the use of the state budget for science and technology.

1. The Ministry of Science and Technology chaired, in collaboration with the ministry, the peer agency, the government agency, the other state agency in the centre and the Provincial People ' s Committee formulated a proposal to project the state budget for science and technology every year in accordance with the rules. The law.

2. Ministry of Planning and Investment, the Ministry of Finance sets the investment in development of scientific and technological development, accounting for the scientific and technological expenditures in accordance with the Ministry of Science and Technology's proposed proposal.

3. The professional body helps the People 's Department of the Provincial People' s Provincial Committee on Science and the Construction technology proposes the cost of the state budget for science and technology every year and offers the expertise to help the People ' s Provincial Committee to manage the state. In terms of planning and investment, synthetic finance, construction of the investment fund development of science and technology, the cost of science and technology, the cost of the right cost, the cost of the cost has been allocated.

The People's Provincial Committee of the People's Assembly on the same level approved the budget of the state budget for science and technology.

4. Financial agencies that have the responsibility to issue scientific and full-time funding, in time, in accordance with the progress of scientific and technological planning; the general, examining the disciplines, the levels aimed at ensuring the use of scientific and technological funding in the right category. It worked.

What? 52. Apply the bank to scientific and technological duty using state budgets and other countries. ; purchasing the results of scientific research and technological development

1. The adoption of the bank on scientific and technological duty using the state budget is regulated as follows:

a) Khoa chi is applied to the scientific and technological mission using state budgets of the field of natural sciences, social science and humorology, engineering science and technology that has been competent to approve the goal, content, requirements, and the use of the law. about the product of research and accounting;

b) The scientific and technological mission identified the criteria for the final product on the basis of a convincing appraisal and cost accounting that is to be applied to the final product;

c) A scientific mission and non-stock technology to the final product and high-risk scientific and technological tasks, and implementing the securities to each part of the work that defined the criteria.

2. In case of need, the State buys the results of scientific research and technological development under agreement with the organization, the individual.

3. The government regulates the criteria, processes, and procedures for the use of scientific and technological use of the state budget and the acquisition of scientific research and technological development.

What? 53. Level, use, manage the funding of carrying out scientific tasks and technology using the state budget.

1. The granting of the funding of scientific and technological tasks using the state budget must be timely, in accordance with order progress and the approval of scientific and technological tasks.

2. The cost of carrying out scientific and technological tasks is granted through the State Science and technology development fund or transferred into the deposit account of the host body carrying out scientific and technological tasks at the State Treasury.

3. The use of the funding of scientific tasks and technology is carried out under the administration mandate of the executive body carrying out the scientific and technological mission and the decision to end the contract, which is not dependent on the fiscal year.

4. The government specifically regulates this.

What? 54. The special investment mechanism carrying out scientific and technological tasks. Special.

1. Scientific and large-scale technology duty serves the defense, security, which has a strong impact on the productivity, quality and competiability of the national product to be applied to a special investment mechanism.

2. The Government of the National Assembly review, the decision to task science and technology under the project type, the national importance of national importance is decided by the National Assembly.

3. The Prime Minister decides to carry out a special scientific and technological mission, except for the specified case at paragraph 2 This.

4. The government regulates the criteria for determining the mission, special investment mechanism, and the implementation of the implementation of the scientific and technological tasks applied to the special investment mechanism prescribed at this.

Item 2

INVESTMENT OF BUSINESS, ORGANIZATION AND PERSONAL

What? 55. Head of capital outsourced investment state budget for science and technology

1. The state encourages all organizations, individuals to invest, fund science and technology.

2. Organization, the individual established the Scientific Development Foundation and the prescribed technology at Article 62 and Article 63 of this Law.

3. Organization, personal investment, funding for science and technology enjoyed following:

a) to be entitled to tax on the law of law;

b) Be honoured, rewarded by the rule of law.

What? 56. Corporate investment for science and technology

1. Enterprise has to spend investment funding in innovation, improving the level of technology, improving productivity, quality, competiability of products, commodities.

2. The business of investing in the development of science and technology of the business is calculated as the actual expenditures that arise in relation to manufacturing activity, the business of the business.

3. Investment or investment business investment research and technology in the priority sector, the focus of the State, innovation, enhancing technology level, enhancing productivity, quality, competiability of the product, the goods funded in the field, and the industry. Science and technology support, lending and other preferable benefits according to the rules of this law.

What? 57. Encourage the business to apply the results of scientific research and technological development

1. Enterprise results in the results of scientific research and technological development to innovate, enhance the level of technology, enhance productivity, quality, competitiability of products, goods funded by the State in the field of science and financial technology. Help, loan with preferable interest rates, loan support, capital loans.

2. High-tech application business is preferable at the highest level by law on high technology. The technology application enterprise is the result of scientific and technological mission in the country that is supported by interest rates at the bank.

What? 58. Scientific and technological enterprise development

1. Science and technology enterprise is the manufacturing of manufacturing, business, scientific and technological services to create products, goods from the results of scientific research and technological development.

2. The science and technology business must meet the following conditions:

a) As a established business, business regionship, management organization and operations under the provisions of the Corporate Law;

b) There is capacity to carry out scientific and technological tasks;

c) Revenue from the production, product business, goods formed from the results of scientific research and technological development at a prescribed rate.

3. In addition to the regulatory preferences at Article 57 of this Law, the scientific and technological business also enjoys the following incentives:

a) Being considered, the ownership of the ownership or the right to use the results of scientific research and development of the state-owned technology;

b) enjoyed a policy of preferable corporate income tax, free of fees before the registration of land rights, property rights as defined by law;

c) Preferable Land Lease Priority, infrastructure in the industrial zone, manufacturing sector, economic zone, high tech sector;

d) Enjoy the investment credit policy of the Development Bank of Vietnam, the National Innovation Innovation Foundation and other funds to implement the investment of manufacturing, business; and business investment.

It is a priority for the use of equipment for scientific research and technological development at the national focus laboratory, technology incubation facility, enterprise creation, scientific research facility, and the state's technology.

4. The government specifically regulates this.

Section 3

SUPPORT FUND, INVESTMENT FOR SCIENCE AND TECHNOLOGY.

What? 59. Support funds, investment for scientific and technological operations,

1. The state established, encouraged to organize, individuals established funds to mobilize social resources in order to support, invest in scientific and technological activities.

2. The Foundation for Scientific Development and technology is established by the regulation of this Law.

The new technology innovation fund, high tech venture capital fund was established by the regulation of the technology transfer law, the High-tech Law.

3. Mechanists, forms of support, investment for the scientific and technological activities of the fund are carried out under the organizational and operational charter of the fund.

What? 60. National Science and Science Development Fund

1. The government established the National Science and Science Development Fund for financing, granting funding for the implementation of basic research and applied research; funding, funding for scientific tasks and groundbreaking technology has significant implications. in science and practice, potential scientific and technological mission; lending to low interest rates or not taking interest rates to implement the results of the results of scientific research and technological development into production and life; the loan is borrowed against some of the most important tasks. Specialized science and technology; supportive of young scientists to participate in conferences, international seminars; support for the operation to enhance scientific and technological competability and education. National technology.

2. The national science and technology development fund is formed from the original source of capital, which grants annual additional funding from the state budget devoted to scientific and technological development, the operational results of the fund; voluntary donations, donations, donations of people and women. organization, individual and other legal sources.

3. The government regulates the organizational and operational charter of the National Science and Science Development Foundation.

What? 61. Science and technology development fund of the ministry, peer agency, government agency, province, city-central city, state capital.

1. Ministry, peer-to-peer agency, the Government-based agency, the Provincial People ' s Committee established the Foundation for Scientific Development and the technology to serve its requirements for scientific and technological development.

2. The Fund is used on the prescribed purpose at paragraph 1 Article 60 of this Law.

3. The Fund is formed from the first-granted capital from the state budget devoted to the development of science and technology of the ministry, the peer-to-peer agency, the government agency, the province, the central direct city; the yearly additional capital from the bank allocation. book for scientific and technological tasks, provincial level and operational outcomes of the fund; the contribution of the business under the rule of law; voluntary donations, donations, organizations, and other legal sources.

4. The Minister of Science and Technology regulates the organizational pattern and operation of the department's scientific and technological development fund, the peer-to-peer agency, the government agency, the province, the central city.

What? 62. Science and technology development fund of the organization, individual

1. The State encourages the organization, the individual to establish a scientific and technological development fund by the rule of law.

The organization's science and technology development fund, the individual is the non-profit organization for non-reimbursable funding, lending at low interest rates or not taking interest, the loan guarantee serves the requirements for the development of science and technology of the organization, the individual.

2. The scientific and technological development fund of the organization, the individual formed from the organizational capital of the organization, the individual establishment is not derived from the state budget; voluntary donations, donations, organizations, and other legal sources.

3. The organizational and operational charter of the organization due to the organization, the individual established regulation and must be registered at the state governing body of competent finance, while also announcing the establishment of the fund for the state governing body of science and local technology. Where the fund is located.

What? 63. The scientific and technological development fund of the business

1. Foreign enterprises are encouraged to establish their own scientific and technological development funds or contribute to the Science and technology Development Fund of the industry, local and the benefit of the provisions of the Fund.

2. State business has to extract a minimum rate of corporate income tax income tax to establish the enterprise ' s scientific and technological development fund.

The government provides specifically the percentage of corporate income tax income for the establishment of funds and management mechanisms, using the scientific and technological development fund of the state enterprise.

3. Businesses have autonomy, self-responsibility in management, use the right fund to establish funds and announce the establishment of the fund to the state governing body of science and local technology where the headquarters of the business are located.

Section 4

TAX INCENTIVES AND CREDIT FOR SCIENCE AND TECHNOLOGY.

What? 64. Tax policy on scientific and technological activity

The following cases enjoy a policy of preferable tax on the provisions of the tax legislation:

1. Income from the implementation of the scientific research contract and technological development;

2. Income from the product made from the new technology first applied in Vietnam; the product is in the period of experimental production;

3. High-tech enterprise, high-tech application agricultural business and some of the activities in the field of high technology;

4. Science and technology services;

5. Machine, equipment, spare parts, domestic supplies in unproduced water need to be imported for direct use of scientific research, technological development; and the development of the ...

6. The funding of the organization ' s funding, the individual for scientific research activities; the grant received to use for scientific research activities;

7. Transaction technology transfer priority transfer to the organization, personal part of the economic sphere-difficult society, economic-social venues-particularly difficult;

8. Other cases are regulated at the tax laws.

What? 65. Credit policy towards scientific and technological activity

1. Organization, individuals who operate scientific and medium-and long-term capital loans for scientific and technological activities enjoy preferable interest rates when borrowing capital at the National Science and Science Development Fund, other state funds.

2. Organization, individual borrower capital to invest in scientific activity and technology is preferable credit at the charter of the capital loan fund.

3. Organization, individuals borrowing capital at the commercial bank to invest in scientific and technological activities, particularly operational implementation of experimental implementation and testing produced by the Vietnam Development Bank consider supporting interest rates after investment or credit protection, the company said. Investing, spending the most billions owed credit to science and technology.

4. programs, topics, scientific projects and technology to direct the economic program-social focus of the State and the development of national science and technology, in particular the project implementation project, the production of the required testing. the use of large capital, which is preferable to the use of formal development assistance in the following method:

a) The funding does not reimbursate or lend preferable loans to scientific research and technological development;

b) A loan to the investment project that builds scientific and technological potential or a recall loan for the project to apply the results of scientific research and technological development.

CHAPTER VII.

BUILDING INFRASTRUCTURE AND DEVELOP THE SCIENCE AND TECHNOLOGY MARKET

What? 66. Construction of engineering infrastructure that develops scientific and technological development

1. The state has a synchrony investment policy, effective use of the physical basis-engineering of the scientific research facility and national technology; encouraging, support for the construction of the research center for advanced application of science and technology, high tech sector, and technology. technology parks; upgrades and new construction centers in the basis of higher education for training with scientific research, application, deployment, commercialization of new technology.

2. Based on the goal of economic development-the society, the strategic development strategy and the national technology, the Ministry of Science and Technology in coordination with the ministry, the agency that is involved in building the Prime Minister ' s program approx plans for investment building investment. Physical-engineering of scientific organization and important technology; the national focus laboratory that reaches regional and international standards; the national database of science and technology.

3. Ministry, peer-to-peer agency, government agency, other state agency in the center of the capital mobiles capital to invest in building the facilities-engineering of the scientific organization and the technology of subordination.

4. The Provincial People ' s Committee decides to plan the investment in building the facilities-the engineering of the scientific organization and the local technology.

5. Ministry of Science and Technology, in coordination with the relevant agency, oversees the use of state budgets for scientific and technological development in ministry, industry, local and the periodic reporting of the Prime Minister.

What? 67. Construction infrastructure development

1. The state of investment, mobiling social resources to build infrastructure in the development of high-tech development.

2. Ministry of Science and Technology chaired, in coordination with the relevant agency the Prime Minister approx the development of high-tech sector development, high technology incubation facility, high tech enterprise generation.

3. The Ministry of Agriculture and Rural Development presided over, in collaboration with the Ministry of Science and Technology and the Prime Minister ' s relevant agency approved the development of the development of the high-tech application agricultural sector.

What? 68. Building the information infrastructure, national database and statistics on science and technology, the company said.

The investment state built, encouraged to organize, personally funded the construction of information infrastructure, national databases and statistics on modern science and technology aimed at ensuring adequate, accurate, timely, scientific and technological activities in the world. The art of water and the world.

The government regulates this.

What? 69. Build and develop the science and technology market

The state has the following policy and measures to build and develop the science and technology market:

1. To encourage all transfer activities, transfer of technology in accordance with the principle of voluntary, equality, parties and benefits;

2. Complete policy, law on intellectual property and transfer of technology;

3. Apply preferable policy towards products that are in the production period using new technology; products made from new technology first applied in Vietnam; scientific and technological consulting activities; high-export technology devices, export, and export-based technology. the technology;

4. Apply the reward regime for the collective labor and individual activity of innovative innovation, patents, initiatives, technical improvements, production rationalization, new technology applications being transferred;

5. The state established, encouraged the organization, the individual to establish scientific and technological services, the promotion and support of technology transfer operations; center, technology exchanges; technology markets-equipment.

CHAPTER VIII

INTERNATIONAL INTEGRATION OF SCIENCE AND TECHNOLOGY

What? 70. The principle of international integration in science and technology

1. Positive, active and secure independent, sovereign, national security, equality and the same benefits.

2. Diversity, diversification of cooperation, investment with foreign countries in the field of science and technology.

3. Development of science and technology according to international standards and is tied to the need for economic-social development, defense assurance, security.

4. Marketing selection of advanced countries, the maximum of opportunity to enhance scientific research and technological development, especially high technology.

What? 71. International integration activity on science and technology

1. Link, engage in scientific and technological activities with foreign countries, including:

a) Participation in the scientific organization and technology, association, scientific association and technology of foreign countries;

b) Participate in the research, training, consulting, conference, scientific and technological seminars of the organization, foreign individuals, international organizations in the country and abroad;

c) The establishment of scientific organization and technology has foreign capital in Vietnam and established a representative office, branch of the scientific and technological organization of Vietnam abroad.

2. Build and implement the program, joint project on scientific research and technological development within the framework of bilateral, multilateral, regional, regional and international agreements.

3. Attraction, expert hiring, scientists are Vietnamese in foreign countries, experts, foreign scientists involved in the program, scientific research project and technological development, the training program for science and technology workforce training, operations, and technology development in the United States. Science and technology other than Vietnam.

4. Exhibition of exhibitions, forums of science and technology, technology markets, centers, technology exchanges, intros, delivery of the results of scientific research and technological development, advanced technology, high technology of countries and Vietnam.

5. Search, transfer advanced technology of foreign countries into Vietnam.

6. Development of Vietnamese scientific and technological representative networks abroad.

What? 72. Measure to promote international integration in science and technology

1. Complete the legal basis for international integration in science and technology.

2. Promotes participation, signing and implementing international treaties, the international agreement on scientific cooperation and technology.

3. Push for training, fostering, professional qualifications, foreign languages for the team of science and technology workforce.

4. Build a number of organizations, scientific research groups and regional standards of regional standards, international.

5. Enher infrastructure development of scientific and technological development, particularly the national database of science and technology, the regional standard laboratory system, international standards. Connect the advanced, modern, regional and international information networks in terms of research and training.

6. Complete mechanism, preferable policy, support for organization, Vietnamese individuals participating in international integration in science and technology.

7. Build a mechanism, the policy of attracting Vietnamese overseas, organized, foreign individuals engaged in the development of Vietnamese science and technology.

8. Use of foreign loans and foreign aid to science and technology.

CHAPTER IX

STATE MANAGEMENT RESPONSIBILITY SCIENCE AND TECHNOLOGY

What? 73. Government Accountability

1. Unity of state management of science and technology within the country and to enact legislation that violates the law, mechanisms, specific policies to ensure the development of science and technology as the leading national policy.

2. Directed by the Board and the Organization for Implementation Of Law, mechanisms, policies, development strategies of science and technology, the network planning of scientific organization and public technology.

3. Division, devolve implementation of the state management function on science and technology.

4. The director of international integration in science and technology; development of scientific and technological resources.

5. directing propaganda, disseminology, education of law on science and technology; examination of the implementation of the law on science and technology.

6. Command of the inspection, inspection, complaint of the complaint, denouncing and processing the violation of the law on science and technology.

Every year, the Government reports Congress on its implementation of policy, measures to develop science and technology; the use of state budgets for science and technology; scientific and technological results.

What? 74. The responsibility of the Ministry of Science and Technology

The Ministry of Science and Technology is responsible to the Government to implement state management of science and technology within the country, which is responsible for the following:

1. In accordance with jurisdiction or authorship issued by authorship and organizational implementation of the law of law, mechanisms, policies, strategies, scientific and technological development plans, network planning, scientific organization and public technology;

2. Build and approve the direction, objectives, scientific mission and the five-year and annual technology;

3. Unity of scientific and technological mission management; construction and organization guidelines for scientific and technological mission use of state budgets, direct management and organization of national level scientific and technological tasks; building and the organization that carried out the mission in the program, the scientific and technological project was approved by the Prime Minister;

4. Management, effective use of investment state budgets for science and technology; construction of structural proposals, the ratio of state budgets to science and technology as a basis for the annual state budget of the budget.

5. Appraisal of the establishment of scientific organization and public technology under the hierarchy of Government; allows the establishment of scientific organization and technology with foreign capital; registration of scientific and technological activities by jurisdiction;

6. Build and manage the information system, the national database of science and technology; the scientific and technological statistical system and the unified statistical criteria in the country; propel the exploitation and use of patents; the development of the scientific market for the world. and technology;

7. Foundation management of training, professional fostering, a career in science and technology;

8. Propaganda, disseminology and organization guiding the implementation of the law on science and technology;

9. International cooperation on science and technology;

10. Inspector, check or coordinate the inspection, examine the acceptance of the law on science and technology; resolve the complaint, denounce, process the violation of the law on science and technology by jurisdiction; the base of test results and efficiency of the use of the bank. the state book for science and technology of the agencies and organizations to propose adjustments to the allocation of funding for the next phase;

11. The other task force is authorized by the Government or assigned by the Government.

What? 75. Ministry responsibility, peer agency

1. The Ministry of Planning and Investment has the following responsibility:

a) Set and project the Government envisage investment of scientific and technological development by the proposal of the Ministry of Science and Technology;

b) Coordinated with the Ministry of Science and Technology in the review of the investment project building facilities-engineering for science and technology; the governor, examining the disciplines, the levels aimed at ensuring the right use of the purpose and the efficiency of development investment development. Science and technology.

2. The Ministry of Finance has the following responsibility:

a) Set and submitted the Government to the cost of scientific and technological career by the proposal of the Ministry of Science and Technology on the Structure, the ratio of state budgets to science and technology;

b) the full budget layout and layout, timely according to the budget bill that has been approved;

c) Coordinated with the Ministry of Science and Technology, which examines the disciplines, the levels aimed at ensuring the use of the scientific career and the right and effective technology.

3. The Home Office has the following responsibility:

a) The Chair, in collaboration with the Ministry of Science and Technology that builds the policy of use, the use of scientific manpower and technology;

b) presided over, in collaboration with the Ministry of Science and Technology, the relevant agency that interborders the scientific organization and public technology.

4. The Ministry, the following body of responsibility:

a) The implementation of the state management of science and technology and is responsible for the scientific and technological activities in the industry, the sector is assigned in charge; defined, the organization that performs scientific and technological tasks and management, the effective use of resource efficiency. the scientific and technological forces, the sector is assigned in charge; organized scientific and technological management;

b) Coordinated with the Ministry of Science and Construction Technology, enacted under the authority or agency that has the authority to enact and organize the implementation of the law of law, mechanisms, policies, strategies, plans, measures that promote scientific development and development. technology, technological innovation; construction and management of database systems, information, science and technology statistics;

c) timely reporting, full of information and the statistics of science and technology on the Ministry of Science and Technology;

d) Management, using the investment funding of scientific and technological development, the cost of scientific career and the right and effective technology, in accordance with the particular force and the progress of scientific and technological planning.

What? 76. The responsibility of the Provincial People ' s Commission

The Provincial People's Committee performs state management of science and technology within the local domain according to the government's hierarchy of responsibility:

1. In accordance with the jurisdiction or grant issued authoritship and organizational implementation of the law of law, mechanisms, policies, strategies, scientific and technological development plans;

2. Make sure to use the state budget for science and technology and other resources of society primarily for the application of science and technology in the local area;

3. Continue, organize the application, evaluate the effective application of the results of scientific and technological tasks due to its proposed ordering or ordering after being evaluated, the annual recovery and periodic review of the application results report on the Ministry of Science and Technology. the art;

4. Management, which uses the investment funding of science and technology, the economics of science and technology on purpose and effective work; ensuring full funding, in time, in line with the particular force and the progress of scientific and technological planning to implement the project. target, the mission to develop the science and technology of the local and of the country;

5. Build and manage the database system, information, statistics on science and technology; full reporting, scientific statistics and technology for the state governing body of science and technology competent;

6. Propaganda, disseminology and organization guiding the implementation of the law on science and technology;

7. Inspector, check or coordinate the inspection, examine the acceptance of the law on science and technology; resolve the complaint, denounce, process the violation of the law on science and technology according to the jurisdiction.

CHAPTER X

COMPLIMERS AND BREACHES.

What? 77. State honor honors, commendation and award in science and technology.

1. Organization, individuals whose achievements in the development of science and technology are created, giving the title of honor of the State, the award and other forms of commendation of the State as defined by the law of the competition, commendation.

2. Ministry, peer-to-peer agency, government agency, other state agency in the center, the Provincial People ' s Committee, donating the award in science and technology to the collective, individuals with the work of scientific research and development of outstanding technology in the country. The scope of the department, the industry, the local.

3. Organization, domestic personal, Vietnamese residing abroad, international organization, organization, foreign individual is set and awarded the scientific and technological prize in order to encourage development of science and technology in Vietnam under the rule of France, according to the report. the law.

4. The government specifically regulates this.

What? 78. Receive the title, the award for science and technology of the organization, foreign individual, international organization.

Scientific and technological organizations, individuals who operate science and technology receive titles, prizes in science and technology organized by the organization, foreign individuals, international organizations, in accordance with the provisions of Vietnamese law.

What? 79.

1. Individuals with a violation of the law of science and technology are subject to the nature, the degree of violation that is subject to disciplinary action, administrative sanctology, or criminal liability being prosecuted, if the damage is caused by the law.

2. The organization violates the law of science and technology according to the nature, the degree of violation that is subject to administrative punishment, if the damage is caused by the law.

CHAPTER XI

EXECUTION CLAUSE

What? 80.

The law came into effect on 1 January 2014.

Science and Digital Law 21 /2000/QH10 The effect of this law came into effect.

What? 81. Details regulation and execution guidelines

The government and the state authority have other authority to regulate the details, guidelines for the implementation of the provisions, which are assigned in the ./.

_____________________________________________________________________________________________________________

The law was appointed by the National Assembly of the Socialist Republic of Vietnam XIII, the fifth session through June 18, 2013.

President of Congress.

(signed)

Nguyen Gung Xiong