Chương 3 Luật Khoa học và Công nghệ 2000: Hoạt động khoa học và công nghệ

Chapter III

SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES

Section 1. ORGANIZATION OF PERFORMANCE OF SCIENTIFIC AND TECHNOLOGICAL 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 socio-economic development objectives.

4. In addition to the agencies and organizations prescribed at Clauses 1, 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 perform 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 be performed with financial support from 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 of scientific 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 technological 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 functions 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 by 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 scientific 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 set up 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.