VIETNAM LEGAL DOCUMENTS

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This Law provides for scientific and technological organizations, individuals involved in scientific and technological activities and the organization of scientific and technological activities

LAW ON SCIENCE AND TECHNOLOGY
(No. 21/2000/QH10 of June 9, 2000)

Science and technology constitute a top national policy, play the key role in the cause of national construction and defense and serve as foundation and driving forces for industrialization, modernization, fast and sustainable development of the country;

In order to develop science and technology, raise the efficiency of scientific and technological activities and enhance the effectiveness of the State inanagenzent there over, as well as to ensure the legitimate rights and interest, of organizations and individuals engaged in scientific and technological activities:

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;

This Law provides for scientific and technological organizations as well as activities,

 

Chapter I
GENERAL PROVISIONS

Article I.- Scope of regulation

This Law provides for scientific and technological organizations, individuals involved in scientific and technological activities and the organization of scientific and technological activities.

 

Article 2- Interpretation of terms

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

1. Science is a system of knowledge about phenomena, things and laws of the nature, soci and  thought:

2. Technology is a combination of measures, processes, skills., know-hows, implements and means used to turn resources into products;

3. Scientific and technological activities include scientific research, technological research and development, scientific and technological services, innovation promotion, technical improvement, production rationalization and other activities aimed to develop science and technology.

4. Scientific research is the activity of discovering arid inquiring into phenomena, things and laws of the nature, society and thought-, and creating solutions for practical application. Scientific research includes basic research and applied research;

5. Technological development is the activity aimed to create and perfect new technologies or new products. Technological development includes experiment al development and trial production;

6. Experimental development is the activity of applying the results of scientific research to experiments in order to create new technologies or new products:

7. Trial production is the activity of applying the results of experimental development to small-scale trial production in order to perfect new technologies or new products before putting them into production and life _.

8. Scientific and technological services are activities which serve scientific research and technological development-- activities related to intellectual property and technology transfer-, services on information, consultancy, personnel training and fostering, popularization and application of scientific and technological knowledge as well as practical experiences.

 

Article 3. - objectives  of scientific and technological activities

The scientific and technological activities aim to build an advanced and modern science and technology so as to develop the production forces and raise the managerial skills: rationally use natural resources and protect the environment; step up the national industrialization and modernization- build an advanced culture deeply imbued with national identities; build the new-typed Vietnamese contribute to the fast and sustainable socio-economic development, raise the quality of the people's life, and ensure the national defense and security

 

Article 4. - Tasks of scientific and technological activities

Scientific and technological activities have the following tasks:

1. To creatively apply and develop the theory of Marxism-Leninism and Ho Chi Minh thought: build up Vietnam's theory on socialism and path to socialism: build up scientific grounds for elaboration of undertakings, policies and legislation on socio-economic development, ensuring national defense and security-, contribute to the building of an advanced national education and Vietnamese of new type-, inherit and bring into play traditional values of the national culture, absorb the quintessence of mankind's culture and ,contribute to the world's cultural and scientific treasure:

2. To raise the scientific and technological capacity so as to master advanced and high technologies as well as advanced managerial measures- rationally use natural resources, protect the environment and people's health-, promptly forecast, prevent, combat, restrict and overcome consequences of natural calamities:

3. To absorb the world's scientific and technological achievements in order to create and fruitfully apply new technologies; create new products with high competitiveness; develop Vietnam's science and technology to the advanced level in the region and approach the world's level, which shall serve as a firm basis for the development of modern industries; and boost the popularization and application of scientific and technological achievements to production and life.

 

Article 5. - Principles of scientific and technological activities

The following principles must be ensured in scientific and technological activities:

1. Scientific and technological activities must serve the task of socio-economic development, the maintenance of national defense and security-.

2. The building and promotion of internal scientific and technological resources be combined with the selective absorption of the world's scientific and technological achievements in accordance with Vietnam's practical conditions;

3. Natural sciences, technical sciences and technologies shall be combined with social sciences and humanities-- scientific research and technological development shall be linked to education and training as well as to production, business and development of the technological market;

4. The creative labor capability of all organizations and individuals shall be brought into full play-,

5. Being honest and objective, heightening the professional ethics, freedom to creation, democracy, self-control and self-responsibility.

 

Article 6. The State's responsibility for scientific and technological activities

1. The State shall elaborate and implement the following policies and measures to develop science and technology:

a/ Ensuring that science and technology shall be the foundation and an important content in the elaboration and implementation of strategies, planning, plans, programs and projects, on socio-economic development, and national defense and security maintenance-,

b/ Making investment in building and development of the internal capacity, personnel training, fostering and well treating of science and technology talents; intensifying international cooperation: encouraging all organizations and individuals to invest in scientific and technological development; efficiently using all scientific and technological resources-,

c/ Ensuring the stable and constant development of basic research in sciences particularly in a number of Vietnam's particular scientific domains; stepping up the applied research in the fields of science and technology, paying attention to development of technologies… especially high technologies and technologies of important significance;

d/ Promoting the application of the results of scientific and technological activities: developing scientific and technological services; building and developing the technological market; encouraging activities of innovation promotion, technical improvement, production rationalization and popularization of scientific and technological knowledge as well as practical experiences: and creating favorable conditions for scientific and technological societies to well fulfill their responsibilities-,

e/ Encouraging activities of scientific research and technological development as well as popularization and application of scientific and technological achievements, strengthening scientific and technological human sources, and transferring technologies to the grassroots… paying attention to the areas meeting with difficult or exceptionally difficult socio-economic conditions.

2. On the basis of particularities of each scientific and technological field, the Government shall specify the application of the provisions of this Law to social sciences and humanities, natural sciences, technical sciences and teclmologies with a view to ensuring the synchronous development of all scientific and technological domains.

 

Article 7. - Responsihilities of organizations and individuals for scientific and technological activities

1. All organizations and individuals have the responsibility to take part in the cause of scientific and technological development; the popularization of knowledge, the raising of the people's intellectual level, personnel training and fostering of talents in science and technology: innovation promotion, technical improvement and production rationalization: as well as in the application of scientific and technological achievements to the socio-economic development and the maintenance of national defense and security.

2. Scientific and technological societies shall have to organize and encourage their members to take part in consultancy, criticism social evaluation and con uct scientific and technological activities.

Article 8. - Strict~vprohihited acts in scientific and technological activities

To strictly prohibit the following acts:

1. Taking advantage of scientific and technological activities to distort or oppose undertakings and policies

of  the Communist Party of Vietnam and laws of the State of the Socialist Republic of Vietnam-, disrupting the great national unity;

2. Taking advantage of scientific and technological activities to infringe upon the State's interests or the legitimate rights and interests of organizations and/or individuals-, causing harm to natural resources environment and/or people's health: acting against the morals and fine traditions and customs of the nation-,

3. Infringing upon the intellectual property rights: appropriating, illegally assigning or transferring scientific and technological results: disclosing scientific and technological materials or results on the list of the State secrets-, committing frauds and/or forgery in scientific and technological activities:

4. Hindering lawful scientific and technological activities of other organizations and/or individuals.

Chapter II

SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS, INDIVIDUALSINVOLVED IN SCIENTIFIC AND

TECHNOLOGICAL ACTIVITIES

 

Section 1. SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS

 

Aiticle 9. -Seientifwandtechnologicalorganizgions

1. Scientific and technological organizations include:

a/ Scientific research institutions, scientific research and technological development institutions (hereafter referred collectively to as research and development institutions);

b/ Universities, institutes, colleges (hereafter referred collectively to as universities);

c/ Scientific and technological service organizations.

2. On the basis of the tasks of socio-economic development, ensuring the national defense and security maintenance as well as the scientific and technological development plan in each period, the Government shall work out the planning of the system of scientific and technological organizations throughout the country so as to ensure the synchronous development of all scientific and technological domains and fruitfully conduct scientific and technological activities.

 

Article 10. -Research and development institutions

1. The research and development institutions shall be organized in fornis of research and development institutes, research and development centers, laboratories, research stations, observation stations, experiment stations and other research and development establishments.

2. Depending on their objectives as well as organization and operation scale, the research and development institutions are classified into:

a/ The national-level research and development institutions;

b/ The research and development institutions of ministries, ministerial-level agencies and agencies attached to the Government (hereafter referred collectively to as the mini sterial-level research and development institutions); the research and development institutions of the provinces and centrally-run cities (hereafter referred collectively to as the provincial-level research and development institutions): the research and development institutions of other State agencies, political organizations or socio-political organizations at the central level:

c/ The research and development institutions at the grassroots level.

3. The competence to set up the research and development institutions is stipulated as follows:

a/ The national-level research and development institutions shall be set up by decisions of the Government:

b/ The ministerial- and provincial-level research and development organizations shall be set up by decisions or authorization of the Prime Minister - the research and development institutions of other State agencies, political organizations or socio-political organizations at the central level shall be set up by decisions of such agencies or organizations.

c/ The research and development institutions at the grassroots level shall be set up and operate according to law provisions.

The authority that has the competence to set up a research and development institution shall be competent to decide the merger, division, splitting, dissolution or termination of operations of such research and development institution as prescribed in this Clause.

 

Article 11.- Tasks of the research and development institutions

1. The national-level research and development institutions shall perform mainly the State's priority and key scientific and technological tasks, aimed to provide scientific foundations for the elaboration of undertakings, policies and laws, create new scientific and technological results of important significance for socio-economic development and the national defense and security maintenance-, train personnel and foster talents for science and technology.

2. The ministerial- and provincial-level research and development institutions shall perform mainly scientific and technological tasks in service of the attainment of the branch and local socio-economic development targets' train personnel and foster talents for science and technology.

3. The research and development institutions of other central-level State agencies prescribed at Point b, Clause 2, Article 10 of this Law shall mainly conduct scientific and technological activities according to their respective functions, tasks and powers: the research and development institutions of political organizations and socio-political organizations at the central level shall mainly conduct scientific and technological activities according to their own objectives and respective statutes.

4. The research and development institutions at the grassroots level shall mainly conduct scientific and technological activities according to the targets and tasks determined by their respective founding organizations and/or individuals.

 

Article 12. - Scientific and technological tasks of universities

1. Universities are tasked to conduct scientific research and technological development activities, combine training with scientific research and production as well as scientific and technological services according to the provisions of this Law, the Education Law and other law provisions.

2. Universities shall also perform the tasks of basic research as well as the State's priority and key scientific and technological tasks and conduct scientific research on education.

 

Article 13.- Tasks of scientific and technological service organizations

Scientific and technological service organizations are tasked to conduct activities in service of scientific research and technological development; activities related to intellectual property and technology transfer; and provide services on information, consultancy, personnel training and fostering, popularization and application of scientific and technological knowledge as well as practical experiences.

 

Article 14.- Conditions for establishment and registration of operation ofscientific and technological organizations

The research and development institutions, scientific and technological service organizations shall be set up when the following conditions are met: -

1. Their objectives and operation orientations conform to the provisions of law:

2. They have organization and operation statutes:

3. Their scientific and technological personnel as well as material-technical bases meet the requirements according to their objectives, orientations as well as organization and operation statutes.

The research and development institutions, scientific and technological service organizations shall have to register their operations at the competent State agencies according to the provisions of law.

 

Article 15.- Rights of scientific and technological organizations

Scientific and technological organizations shall have the following rights:

1. To enjoy autonomy and take self-responsibility in conducting the registered scientific and technological activities; conclude scientific and technological contracts; train personnel and foster talents for science and technology; and register participation in selection for performance of scientific and technological tasks-.

2. To set up dependent research and development institutions, scientific and technological service organizations and enterprises according to the provisions of this Law and other law provisions-,

3. To enter into cooperation or joint venture with, and receive aids from, organizations and/or individuals: contribute capital in cash, assets or value of intellectual property rights in order to conduct scientific and technological activities as well as production and business activities according to law-,

4. To have their intellectual property rights protected: transfer or assign scientific and technological results in accordance with the provisions of law-,

5. To announce scientific and technological results according to the provisions of the Press Law, the Publication Law and other provisions of law:

6. To have other rights as provided for by law.

 

Article 16.- Obligations of scientific and technological organizations

Scientific and technological organization shall have the following obligations:

1. To perform the concluded scientific and technological contracts as well as scientifit and technological tasks assigned by the competent agencies and/or organizations-, efficiently use investment ftinding for scientific and technological development and transfer the results of scientific research and technological development for which the State budget has been used;

2. To contribute to building and developing scientific and technological potential of the country;

well as the legitimate rights and interests of individuals involved in scientific and technological activities within their respective organizations: keep scientific and technological secrets as prescribed by law-,

4. To exercise democracy equality and publicity in the assignment and performance of scientific and technological tasks-,

5. To perform other obligations prescribed by law.

 

Section 2. RIGHTS AND OBLIGATIONS OF

INDIVIDUALS INVOLVED IN SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES

 

Article 17.- Rights of individuals involved in scientific and technological activities

Individuals involved in scientific and technological activities shall have the following rights:

1. To conduct scientific and technological activities by themselves or in cooperation with organizations and/ or other individuals; conclude scientific and technological contracts; set up scientific and technological organizations in a number of fields according to the Government's stipulations: and register participation in the selection for the performance of scientific and technological tasks-,

2. To have the industrial property rights protected-, enjoy equality and freedom to creation in scientific and technological activities-, transfer or assign scientific and technological results according to the provisions of law;

3. To announce the results of scientific and technological activities according to the provisions of the Press Law, the Publication Law and other law provisions;

4. To take part in scientific and technological organizations and societies as well as in training, consultancy, scientific and technological conferences-, contribute capital in cash, assets and value of the industrial property rights to scientific and technological activities as well as production and business and receive financial supports for scientific and technological activities according to the provisions of law-,

5. To propose opinions for elaboration of the State's policies, laws and socio-economic development plans to the competent authorities - as well as the scientific and technological development plans of scientific and technological organizations of which they are members, and take part in the supervision of the implementation thereof

6. To have other rights as provided for by law.

 

Article 18.- Obligations of individuals involved in scientific and technological activities

Individuals involved in scientific and technological activities shall have the following obligations:

1. To contribute their intellects and talents to the cause of scientific and technological development, socio-economic development, and the maintenance of national defense and security;

2. To perform the concluded scientific and technological contracts as well as scientific and technological tasks assigned by the competent agencies and/or organizations; transfer the results of scientific research and technological development funded with the State budget according to the stipulations o t e competent State agencies'.

3. To keep scientific and technological secrets according to law provisions; protect interests of the State and society;

4. To perform other obligations prescribed by law.

 

Chapter III

SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES

 

Section 1. ORGANIZATION OF PERFORMANCE OF SCIENTIFIC AND TECHNOL0GICAL TASKS

 

Article 19- Determination of scientific and technological tasks and modes of the implementation thereof

1. On the basis of the State's strategies and plans for socio-economic development as well as national defense and security maintenance, the Government shall set targets and decide plans for scientific and technological development, priority fields as well as major scientific and technological tasks.

2. The ministries, ministerial-level agencies and agencies attached to the Government shall base themselves on the scientific and technological development targets and plans as well as the assignment of the Government to determine scientific and technological tasks in service of the development targets of their respective branches and domains.

3. The People's Committees of the provinces and centrally-run cities shall base themselves on the scientific and technological development targets and plans as well as the responsibility assignment by the Government and the socio-economic development plans of their respective localities to determine scientific and technological tasks in service of the local socioeconomic development objectives.

4. In addition to the agencies and organizations prescribed at Clauses I, 2 and 3 of this Article, other agencies and organizations shall base themselves on the Government's scientific and technological targets and plans as well as the practical requirements to determine their respective scientific and technological tasks.

5. Scientific and technological tasks defined in Clauses 1. 2, 3 and 4 of this Article must be determined on the basis of consultative opinions of the scientific and technological councils. The establishment, tasks and powers of the scientific and technological councils shall be decided by the heads of agencies and organizations at different levels. The scientific and technological councils shall comprise prestigious scientists and administrators with professional qualifications compatible to their assigned tasks. The councils shall take responsibility for their consultancy.

6. Scientific and technological tasks financed by the State budget shall be organized in form of programs, subjects, projects and other forms, and performed by the mode of selection or direct assignment with financial support from the scientific and technological development funds according to the Government's stipulations.

 

Article 20- Selection of organizations and individuals to perform scientific and technological tasks

1. The competent scientific and technological State management agencies at all levels shall have to announce on the mass media lists of scientific and technological tasks to be carried out by mode of selection,, ensuring that all organizations and individuals may register and participate therein.

2. The selection must ensure the openness, fairness, democracy and objectivity-, the selection results thereof must be made public.

3. The heads of the State management agencies in charge of science and technology at all levels shall set up councils for the selection of organizations and/ or individuals to perforni scientific and technological tasks and define tasks and powers of such councils. The councils shall have to provide consultancy and take responsibility therefor. The councils' members must have the capabilities, ethical quality and professional qualifications compatible with the scientific and technological tasks.

 

Article 21.- Directly assigned scientific and technological tasks

The competent State management agencies in charge of science and technology shall select organizations and/or individuals that have the capabilities, ethical quality and proper professional qualifications for direct assignment to perform particular scientific and technological tasks and shall take responsibility for such assignment.

 

Article 22- Scientific and technological tasks to he performed withfinancial supportftom scientific and technological development funds

Organizations and individuals may propose scientific and technological tasks to the scientific and technological development funds so that the latter considers the financial support for the performance of such tasks. The consideration of financial supports shall comply with the organization and operation charter of the scientific and technological development funds.

Article 23- Scientific and technological contracts

1. Scientific and technological tasks as well as scientific and technological service activities shall be carried out through scientific and technological contracts.

2. Scientific and technological contracts include the following types:

a/ Scientific research and technological development contracts'.

b/ Technology transfer contracts;

c/ Scientific and technological service contracts.

3. On the basis of the law provisions on contracts, the Government shall specify different types of contract prescribed in Clause 2 of this Article.

 

Article 24. - Evaluation and after-test acceptance of the results of performance of scientific and technological tasks

1. The evaluation and after-test acceptance of the results of performance of scientific and technological tasks must be based on the contents of scientific and technological contracts, ensuring the objectivity and accuracy on the basis of consultative opinions of the specialized scientific and technological councils, which shall be set up and provided with tasks and powers by the heads of agencies of all levels which exercise the State management over science and technology. The specialized scientific and technological councils are composed of capable experts with professional qualifications compatible with their assigned tasks. The councils shall take responsibility for the results of their evaluation and after-test acceptance.

2. The scientific research and technological development results, which are not brought about through the use of the State budget but widely applied throughout the country, in a branch or locality or affect the national interests, defense, security, environment or people's health and life, must also be expertized before application by the competent agencies which exercise the State management over science and technology.

 

Article 25- Registration, donation, presentation and keeping ofseientifte research and technological development results

1. The results of scientific research and technological development funded with the State budget must be registered at the competent State agencies and kept at the State archives.

2. The results of scientific research and technological development not funded with the State budget may be registered at, or donated or presented to, the competent State agencies and kept at the State archives.

 

Article 26.- Ownership right and copyright over the scientific research and technolokical development results

1. Organizations and/or individuals investing in the performance of scientific and technological tasks shall be the owners of the scientific research and technological development results; organizations and/ or individuals directly carrying out scientific and technological works shall be the authors of such works, except where it is otherwise agreed upon in the scientific and technological contracts by the parties.

2. The competent agencies which exercise the State management over science and technology shall decide the use, transfer and assignment of the results of scientific research and technological development funded with the State budget.

3. The owners of the results of scientific research and technological development not funded with the State budget shall be entitled to use, transfer or assign such results according to the provisions of law.

4. The authors of scientific and technological works may enjoy rights prescribed by this Law and other law provisions.

 

Section 2. APPLICATION OF SCIENTIFIC RESEARCH AND TECHNOLOGICAL

DEVELOPMENT RESULTS

 

Article 27.- Encouragement of the application of scientific research and technological development results

1. The State shall work out policies and measures to encourage all organizations and individuals to actively apply the scientific research and technological development results to socio-economic development, national defense and security maintenance and improvement of people's material and spiritual life.

2. Organizations and individuals that apply the scientific research and technological development results to the renewal of socio-economic management, technological renovation and raising of the products' competitiveness shall be entitled to tax and credit preferences as well as other preferences.

3. Political organizations,, socio-political organizations, social organizations and socio-professional organizations shall, according to their ftinctions and tasks, encourage their members to apply scientific research and technological development results to innovation promotion, technical improvement and production rationalization.

4. The State shall create conditions for scientific and technological organizations as well as individuals involved in scientific and technological activities to transfer the results of scientific research and technological development for their widespread application to production and life.

5. The owners, authors and successful appliers of scientific research and technological development results shall benefit from the application of such results to production and life under scientific and technological contracts and according to the provisions of law.

 

Article 28-Application of scientific research and technological development results to the renewal of policies and socio-economic management mechanism

The State shall work out policies to step up the application of scientific research and technological development results to building models and solutions for the national industrialization and modernization process-. renew and perfect the socio-economic management mechanism at all levels and in all branches-, build an advanced culture deeply imbued with national identities and new-typed Vietnamese.

 

Article 29-Application of scientific research and technological development results enterprises

The State encourages enterprises to boost the application of scientific research and technological development results, especially the application of home-made technologies. Enterprises applying the home-made technologies shall enjoy preferences provided for by the Government.

 

Article 30.-Application of scientiftic research and technological development results to agriculture and rural development

1. The State shall work out priority policies and measures to step up the wide application of scientific and technological achievements so as to boost the agricultural industrialization and modernization as well as rural development, with attention being paid to geographical areas meeting with difficult or exceptionally difficult socio-economic conditions.

2. The People's Committees at all levels shall have to create favorable conditions for organizations and individuals to transfer technologies, organize the wide application of scientific and technological achievements to agriculture and rural development, and provide scientific and technological services suitable to farmers' demands and conditions.

 

Article 31- Investment projects, socio-economic development programs

The elaboration and implementation of investment projects and socio-economic development programs must be based on the scientific grounds, comprise necessary scientific research and technological development items', and must be evaluated scientifically and technologically according to the Government's stipulations.

 

Article 32.- Development of high technologies

1. The State shall work out policies for development of high technologies, make concentrated investment, intensify international cooperation for hi-tech research and development- build a number of hi-tech parks in order to raise the technological capacity and develop hi-tech industries of the country.

2. Scientific and technological organizations and enterprises applying high technologies and producing hi-tech products shall enjoy special tax and credit preferences as well as other preferences.

 

Article 33- Building and development of the technological market

The State shall adopt the following policies and measures to build and develop the technological market:

1. Encouraging all activities of assigning or transferring technologies on the principle of voluntariness equality and mutual benefit:

2. Perfecting policies and legislation on industrial property ownership and technology transfer:

3. Applying preferential policies to products being under trial production by new technologies-, products made by new technologies applied for the first time in Vietnam-, scientific and technological consultancy activities; imported hi-tech equipment and the technology export-.

4. Applying the reward regime to labor collectives and individuals that have patents… innovations or technical improvements, rationalize production and apply newly- transferred technologies:

5. Scientific and technological organizations are allowed to setup dependent scientific and technological service organizations and/or enterprises; and enter into cooperation or joint venture with other organizations and/or individuals in order to conduct the technology transfer activities.

Chapter IV

MEASURES TO ENSURE SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENT

 

Article34. - Tr

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