Chương 1 Luật Khoa học và Công nghệ 2000: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- 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, society 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 and 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 experimental 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 under-takings, 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 techno-logical 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 technologies with a view to ensuring the synchronous development of all scientific and technological domains.

Article 7.- Responsibilities 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 conduct scientific and technological activities.

Article 8.- Strictly prohibited 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.