Chương I Nghị định 13/2019/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. Scope

This Decree provides for enforcement of Article 58 of the Law on Science and Technology regarding science and technology enterprises (STE).

2. Regulated entities

This Decree applies to the following entities:

a) Enterprises founded and operated under Vietnamese law provisions and perform production, business and provide services by using the scientific and technological achievements;

b) Other organizations and individuals relating to certification of the STEs and implementation of State’s incentive and support policies intended for the STEs.

Article 2. Definition

For the purposes of this Decree, the terms below shall be construed as follows:

1. “science and technology product” (including post-incubation technology, goods, services and other forms) means the result of production or service provision by applying or developing the scientific and technological achievements.

2. “land for construction of scientific research center of an STE” means any land used for construction of laboratories or establishment of technology incubators and STE incubators or construction of experiment centers or trial production facilities.

Article 3. Scientific and technological achievements

1. The results of science and technology activity performance, achievements of science and technology objectives and scientific research and technology development shall be considered the scientific and technological achievements.  The scientific and technological achievements shall be used as a basis for grant of the STE Certificate.

2. The scientific and technological achievements shall be presented in one of the following forms:

a) Invention, useful solutions, industrial designs, integrated circuit designs, plant varieties issued with a protection certificate under provisions of the law on intellectual property or international registration certificate under provisions of the international agreement to which Vietnam is a signatory; computer programs issued with a copyright registration certificate;

b) New livestock breeds, plant varieties, fish seeds or forest tree varieties, technical advances recognized by the Ministry of Agriculture and Rural Development;

c) Award for science and technology achievements given by competent regulatory agencies in cooperation with the rewarding organizations or given under approval for reward of the competent regulatory agencies as per law provisions on scientific and technological reward; 

d) Scientific and technological achievements certified by competent authorities as per law provisions;

dd) Technologies received under technology transfer agreements certified by competent authorities as per law provisions.

3. Enterprise running new investment project on scientific research and technology development is any enterprise carrying out new production or trading project or replacing its existing production and trading technologies by using the scientific and technological achievements.

Article 4. STE Certificates

1. The STE Certificate shall be used as a basis for implementing incentive and support policies intended for the STEs and shall enter into force nationwide. 

2. The STE Certificate shall also be the certificate of registration of science and technology operation.

3. The STE Certificate shall be used as a basis for providing investment incentives for the STEs.