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Law No. 21/2008/QH12 dated November 28, 2008 of the National Assembly on High Technologies
19/05/2011
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THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 21/2008/QH12

Hanoi, November 13, 2008

 

LAW

ON HIGH TECHNOLOGIES

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/ QH10;

The National Assembly promulgates the Law on High Technologies

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for hi-tech activities and policies and measures to encourage and promote hi-tech activities.

Article 2. Subjects of application

This Law applies to Vietnamese organizations and individuals, overseas Vietnamese and foreign organizations and individuals engaged in hi-tech activities in Vietnam.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. High technology means a technology which has a high scientific research and technological development content; is integrated from modern scientific and technological achievements; can turn out environmentally friendly products of superior quality and utilities and high added value; and plays an important role in the formation of a new production or service industry or the modernization of an existing production or service industry.

2. Hi-tech activities means hi-tech research, development, seeking, transfer and application; hi-tech human resource training; hi-tech incubation or hi-tech enterprise incubation; hi-tech production and hi-tech service provision; and hi-tech industrial development activities.

3. Hi-tech product means a product turned out with high technology, which is environmentally friendly and has superior quality and utilities and high added value.

4. Hi-tech enterprise means an enterprise turning out hi-tech products, providing hi-tech services and conducting hi-tech research and development activities.

5. Hi-tech application agricultural enterprise means an enterprise applying high technologies to turn out agricultural products of high quality, yield and added value.

6. Hi-tech industry means an econo-technical industry turning out hi-tech products and providing hi-tech services.

7. Hi-tech incubation means a process of creating, improving and commercializing a high technology from technological ideas, scientific research results or an unimproved high technology through supporting necessary technical infrastructure, resources and services.

8. Hi-tech enterprise incubation means a process of forming and developing a hi-tech enterprise through supporting necessary technical infrastructure, resources and services.

9. Hi-tech nursery or hi-tech enterprise nursery means a facility providing favorable conditions in necessary technical infrastructure, resources and services for hi-tech incubation or hi-tech enterprise incubation.

10. Hi-tech human resources means a contingent of qualified and skilled persons meeting the requirements of hi-tech research, development and application activities, hi-tech services, management of hi-tech activities, and operation of hi-tech production equipment and lines.

Article 4. State policies towards hi-tech activities

1.To mobilize investment resources and apply in a coordinated manner mechanisms and measures to offer the highest land, tax and other incentives for hi-tech activities with a view to promoting the leading role of high technologies in scientific and technological development for socio-economic development, defense and security maintenance, environmental protection, and improvement of the quality of people’s life.

2. To speed up the application, research, mastering and creation of high technologies and hi-tech products: to form and develop a number of hi-tech industries; to raise the competitiveness of products, and participate in stages creating high added value in the global supply system.

3. To concentrate investment in developing hi-tech human resources up to regional and international level: to apply special incentive mechanisms and policies for training, attracting and effectively employing hi-tech human resources at home and abroad and talented youth in hi-tech research, teaching and incubation, hi-tech enterprise incubation and other hi-tech activities.

4. To encourage enterprises to raise their hi-tech application capacity and invest in hi-tech development; to facilitate the formation of a network of medium- and small-sized enterprises providing support products and services for the hi-tech industry.

5. To allocate state budget funds and apply a special financial mechanism for hi-tech tasks, programs and projects and the import of high technologies which are important to socio-economic development and defense and security maintenance.

Article 5. High technologies prioritized for development investment

1. Hi-tech development investment will be prioritized in the following technological domains:

a/ Information technology;

b/ Biotechnology;

c/ New material technology;

d/ Automation technology.

2. Based on socio-economic development, defense and security requirements, the Government may adjust and supplement technological domains prioritized for hi-tech development investment specified in Clause I of this Article.

3. High technologies prioritized for development investment in the technological domains specified in Clauses 1 and 2 of this Article must be in line with the world’s advanced and modern scientific and technological development requirements and trends, promote the country’s advantages, be feasible, and satisfy any of the following conditions:

a/ Having great impacts on and bringing about high benefits for socio-economic development and defense and security maintenance;

b/ Contributing to the modernization of existing production and service industries;

c/ Playing a decisive role in the formation of new production and service industries with high competitiveness and socio-economic benefits.

4. The Ministry of Science and Technology shall assume the prime responsibility for, and collaborate with concerned ministries and ministerial-level agencies in, submitting to the Prime Minister for promulgation a list of high technologies prioritized for development investment and objectives and implementation roadmaps and solutions, as well as their modifications and supplementations.

Article 6. Hi-tech products encouraged for development

1. Hi-tech products encouraged for development mean hi-tech products which can be lurned out with technologies on the list of high technologies prioritized for development investment and satisfy the following conditions:

a/ Having a high added-value ratio in the product value structure;

b/ Being highly competitive and creating great socio-economic benefits;

c/ Being exportable or able to substitute imports;

d/ Contributing to raising the national scientific and technological capacity.

2. The Ministry of Science and Technology shall assume the prime responsibility for, and collaborate with concerned ministries and ministerial-level agencies in, submitting to the Prime Minister for promulgation a list of hi-tech products encouraged for development in each period of national socio-economic development, and its modifications and supplementations.

Article 7. Hi-tech international cooperation

1. To expand international cooperation in hi-tech research, application and development, especially with scientifically and technologically advanced countries, territories, foreign organizations and individuals, transnational corporations and foreign business groups, in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. To encourage and facilitate Vietnamese organizations and individuals to participate in hi-tech international cooperation programs and projects, international societies and associations and other organizations; to attract foreign organizations and individuals and overseas Vietnamese to conduct hi-tech activities in Vietnam.

3. To step up international cooperation in hi-tech human resource development, giving priority to hi-tech training cooperation with regional and world advanced universities, colleges and vocational schools; to attract and effectively employ highly qualified persons and talented youth in hi-tech research, leaching and incubation and hi-tech enterprise incubation and development in Vietnam.

4. To implement the international scientific and technological integration roadmap and step up the seeking and transfer of advanced technologies into Vietnam with a view to raising the hi-tech mastering and creation capability of domestic research and training organizations and enterprises.

Article 8. Prohibited acts

Abusing hi-tech activities to harm national interests, defense, security or lawful rights and interests of organizations or individuals.

2. Conducting hi-tech activities that adversely affect human health or life, morality and fine customs and traditions of the nation, or damage the environment or natural resources.

3. Infringing upon hi-tech intellectual property rights.

4. Illegally disclosing or supplying hi-tech secrets.

5. Committing forgery or deceitful acts to enjoy the State’s incentives for hi-tech activities.

6. Illegally obstructing hi-tech activities.

Chapter II

HI-TECH APPLICATION, RESEARCH AND DEVELOPMENT

Article 9. Hi-tech application

1. The Stale encourages hi-tech application activities in compliance with state policies provided for in this Law and other relevant laws.

2. The application of high technologies on the list of those prioritized for development investment is eligible for incentives or supports in the following cases:

a/ Use of hi-tech research results for technology renewal, product renewal or increase of the added value of products;

b/ Trial production;

c/ Mastering and adaptation of imported high technologies to Vietnam’s practical conditions.

Article 10. Measures to promote hi-tech application

1. Organizations and individuals conducting hi-tech application activities specified in Clause 2, Article 9 of this Law are entitled to the following incentives and supports:

a/ The highest incentives under the laws on land, enterprise income tax, value-added tax, import duty and export duty;

b/ Financial supports from the national hi-tech development program and other state budget funds;

c/ Other incentives as provided for by law.

2. The Ministry of Science and Technology shall assume the prime responsibility for, and collaborate with concerned ministries and ministerial-level agencies in, submitting to the Prime Minister for promulgation specific regulations on the competence and procedures for certification of hi-tech application organizations and individuals to be entitled to incentives or supports specified in Clause 1 of this Article.

Article 11. Hi-tech research and development

1. The State encourages hi-tech research and development activities for socio-economic development, defense and security maintenance and environmental protection.

2. The research and development of high technologies on the list of those prioritized for development investment are eligible for incentives and supports in the following cases:

a/ Hi-tech research and application;

b/ Research for creating high technologies to substitute imported technologies;

c/ Research for creating new high technologies.

Article 12. Measures to promote hi-tech research and development

1. Organizations and individuals conducting hi-tech research and development activities specified in Clause 2, Article 11 of this Law are entitled to the following incentives and supports:

a/ The highest incentives under the laws on enterprise income tax, value-added tax, import duty and export duty;

b/ Partial or whole funds from the national hi-tech development program, in case their hi-tech research and development application results bring about socio-economic, defense, security or environmental benefits;

c/ Financial supports and assistance from other funds reserved for hi-tech research and development, training of hi-tech human resources or hi-tech transfer.

2. Investors of projects to build hi-tech research, development and application facilities may be allocated land without having to pay lane use levy or with land-use tax exemption or reduction under the land law.

3. Laboratories or research institutions formed as a result of association between organizations and individuals for the research and development of high technologies on the list of those prioritized for development investment may be partially allocated funds from the national hi-tech development program for research and operation equipment procurement.

4. The Ministry of Science and Technology shall:

a/ Prioritize the allocation of annual state budget funds reserved for scientific and technological activities for the research and development of high technologies on the list of those prioritized for development investment and hi-tech products on the list of those encouraged for development;

b/ Assume the prime responsibility for, and collaborate with concerned ministries and ministerial-level agencies in, submitting to the Prime Minister for promulgation specific regulations on the competence, order and procedures for certification of hi-tech research and development organizations and individuals eligible for incentives and supports specified in Clauses 1, 2 and 3 of this Article.

Article 13. Encouragement of hi-tech transfer

1. Organizations and individuals that transfer high technologies for hi-tech research and development or hi-tech product manufacture and trading are entitled to the highest incentive level under the law on technology transfer and other relevant laws.

2.The State earmarks funds for the import of high technologies and hi-tech machinery and equipment which cannot yet be manufactured at home for the implementation of important socio-economic, defense and security projects.

Article 14. Development of the hi-tech market, information and services to support hi-tech activities

1. The State encourages organizations and individuals to join in developing the hi-tech market and provide hi-tech brokerage, consultancy, assessment, appraisal and inspection services; and creates favorable conditions for organizations and individuals to provide technical consultancy, investment, legal, financial, insurance, intellectual property rights protection and other services with a view to promoting hi-tech activities and sale and use of hi-tech products.

2. The Ministry of Science and Technology shall assume the prime responsibility for, and collaborate with other ministries and ministerial-level agencies in, establishing hi-tech databases and information infrastructure; and create favorable conditions for organizations and individuals to access, use and exchange hi-tech information, and to organize and participate in national and international hi-tech markets, fairs and exhibitions.

3. Ministries, ministerial-level agencies and provincial-level People’s Committees shall take measures to support and facilitate domestic and foreign organizations and individuals to organize and participate in hi-tech markets, fairs and exhibitions.

Chapter III

HI-TECH DEVELOPMENT IN ECONO-TECHNICAL SECTORS

Article 15. Development of hi-tech industries

1. Hi-tech development in industry will focus on the following principal tasks:

a/ Manufacture of hi-tech products and provision of hi-tech services;

b/ Development of hi-tech enterprises;

c/ Training of human resources for hi-tech industries;

d/ Building of allied industries for the development of hi-tech industries.

2. Based on the list of high technologies prioritized for development investment and the list of hi-tech products encouraged for development specified in Articles 5 and 6 of this Law. the Ministry of Industry and Trade shall assume the prime responsibility for, and collaborate with the Ministry of Science and Technology and concerned ministries and ministerial-level agencies in. submitting to the Prime Minister for approval plans to develop a number of hi-tech industries and their allied industries, and organizing the implementation of the approved plans.

3. Ministries, ministerial-level agencies and provincial-level People’s Committees shall organize the implementation of the Prime Minister-approved plans to develop hi-tech industries and their allied industries in domains or localities under their management.

Article 16. Hi-tech development in agriculture

1. Hi-tech development in agriculture will focus on the following principal tasks:

a/ Selection, creation and propagation of plant varieties and animal breeds of high yield and quality;

b/ Epidemic prevention and control;

c/ High-yield cultivation and animal raising;

d/ Manufacture of farm supplies, machinery and equipment;

e/ Preservation and processing of agriculture products;

f/ Development of hi-tech application agricultural enterprises;

g/ Development of hi-tech agricultural services.

2. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and collaborate with the Ministry of Science and Technology and concerned ministries and ministerial-level agencies in, submitting to the Prime Minister for approval plans on hi-tech development in agriculture.

3. Ministries, ministerial-level agencies and provincial-level People’s Committees shall organize the implementation of the Prime Minister-approved plans on hi-tech development in agriculture.

Article 17. Manufacture of hi-tech products

1. Newly established enterprises under investment projects on the manufacture of products on the list of hi-tech products encouraged for development are entitled to the highest incentives under the laws on land and import duty; if satisfying all the conditions specified in Clause 1, Article 18 of this Law. they are entitled to the highest incentives under tin- laws on enterprise income tax, value-added tax and export duty.

2. Vietnam-based enterprises which manufacture products on the list of hi-tech products encouraged for development are prioritized in the selection of those to participate in state budget-funded projects.

3. The Ministry of Science and Technology shall assume the prime responsibility for, and collaborate with concerned ministries and ministerial-level agencies in, submitting to the Prime Minister for approval plans to develop the manufacture of hi-tech products on the list of those encouraged for development; and for promulgation regulations on the competence, order and procedures for certification of enterprises eligible for incentives or supports specified in Clause 1 of this Article.

Article 18. Hi-tech enterprises

1. A hi-tech enterprise must satisfy all the following conditions:

a/ It manufactures hi-tech products on the list of those encouraged for development under Article 6 of this Law;

b/ Its average total expenditure for research and development activities carried out in Vietnam for 3 consecutive years equals at least 1% of its total annual turnover, and over 1% of its total turnover from the fourth year;

c/ Its average turnover from hi-tech products for 3 consecutive years equals at least 60% of its total annual turnover, and at least 70% of its total turnover from the fourth year;

d/ The number of its laborers with a university or higher degree personally involved in research and development activities accounts for at least 5% of its total workforce;

e/ It applies environmentally friendly and energy-saving solutions to production and product quality management up to Vietnam’s standards or technical regulations; in case Vietnam’s standards or technical regulations are unavailable yet. it must apply standards of international specialized organizations.

2. Hi-tech enterprises which satisfy all the conditions specified in Clause 1 of this Article are entitled to the following incentives and supports:

a/ The highest incentive level under the laws on land, enterprise income tax, value-added tax, import duty and export duty;

b/ Financial supports from the national hi-tech development program for training, research and development or trial production.

3. Organizations and individuals are encouraged to establish hi-tech enterprises.

4. The Ministry of Science and Technology shall assume the prime responsibility for, and collaborate with concerned ministries and ministerial-level agencies in, submitting to the Prime Minister for promulgation regulations on the competence and procedures for recognition of hi-tech enterprises for a specified period.

Article 19. Hi-tech application agricultural enterprises

1. A hi-tech application agricultural enterprise must satisfy all the following conditions:

a/ It applies high technologies on the list of those prioritized for development investment under Article 5 of this Law to agricultural production;

b/ It conducts hi-tech research and application testing activities for agricultural production;

c/ It turns out agricultural products of high quality, yield, value and benefits;

d/ It applies environmentally friendly and energy-saving measures to agricultural production and agricultural product quality management up to Vietnam’s standards or technical regulations. In case Vietnam’s standards or technical regulations are unavailable, it shall apply standards of international specialized organizations.

2. Hi-tech application agricultural enterprises which satisfy all the conditions specified in Clause 1 of this Article are entitled to the following incentives and supports:

a/ The highest incentives under the laws on land, enterprise income tax, value-added tax, import duty and export duty;

b/ Financial supports from the national hi-tech development program for research, testing, training or technology transfer.

3. Organizations and individuals are encouraged to establish hi-tech application agricultural enterprises.

4. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and collaborate with the Ministry of Science and Technology and concerned ministries and ministerial-level agencies in, submitting to the Prime Minister for promulgation regulations on the competence and procedures for recognition of hi-tech application agricultural enterprises for a specified period.

Article 20. Encouragement of the establishment of hi-tech enterprises

1. Science and technology organizations, lecturers, researchers and students may themselves establish or cooperate with other organizations or individuals in establishing hi-tech enterprises.

2. Science and technology organizations which themselves establish or cooperate with other organizations or individuals in establishing hi-tech enterprises are entitled to the following incentives and supports:

a/ Assignment of the right to use or own scientific and technological research results under state ownership for the establishment of hi-tech enterprises;

b/ Public science and technology organizations may contribute part of state assets under their management for the establishment of hi-tech enterprises;

c/ Incentives for hi-tech enterprises.

3. State management agencies and science and technology organizations shall create favorable conditions for lecturers, researchers and students to establish or join in establishing hi-tech enterprises in accordance with this Law and other relevant laws.

Article 21. Hi-tech nurseries or hi-tech enterprise nurseries

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