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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