Nghị định 180/2025/NĐ-CP về Cơ chế, chính sách hợp tác công tư trong lĩnh vực phát triển khoa học, công nghệ, đổi mới sáng tạo và chuyển đổi số

DECREE

ON MECHANISMS AND POLICIES FOR PUBLIC-PRIVATE PARTNERSHIP IN THE FIELD OF SCIENCE, TECHNOLOGY, INNOVATION AND DIGITAL TRANSFORMATION

Pursuant to the Law on Organization of the Government dated February 18, 2025;

Pursuant to the Law on Science, Technology and Innovation dated June 27, 2025;

Pursuant to the Law on Investment in the form of public-private partnership dated June 18, 2020;

Pursuant to the State Budget Law dated June 25, 2025;

Pursuant to the Law on Management and Use of Public Property dated June 21, 2017;

Pursuant to the Law on Information Technology dated June 29, 2006;

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Pursuant to the Law on Digital Technology Industry dated June 14, 2025;

Pursuant to the Law on Protection of Personal Data dated June 26, 2025;

Pursuant to the Law on amendments to the Law on Planning, the Law on Investment, the Law on Investment in the form of public-private partnership and the Law on Procurement dated November 29, 2024;

Pursuant to the Law on amendments to the Law on Procurement, the Law on Investment in the form of public-private partnership; the Law on Customs, the Law on Value-Added Tax, the Law on Export and Import Duties, the Law on Investment, the Law on Public Investment, the Law on Management and Use of Public Property dated June 25, 2025;

Pursuant to Resolution No. 193/2025/QH15 dated February 19, 2025 of the National Assembly on piloting certain special mechanisms and policies to create breakthroughs in development of science, technology, innovation and national digital transformation;

At the request of the Minister of Finance;

The Government hereby promulgates this Decree on mechanisms and policies for public-private partnership in the field of science, technology, innovation and digital transformation.

Chapter I

GENERAL PROVISIONS

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1. This Decree provides for mechanisms and policies on public-private partnership for investment, scientific research, technology development, innovation and digital transformation.

2. This Decree applies to ministries, ministerial-level agencies, Governmental agencies, central agencies of political organizations, the Supreme People’s Procuracy, the Supreme People’s Court, the State Audit Office, the Office of the President, the Office of the National Assembly, central agencies of the Vietnam Fatherland Front, People’s Committees at all levels (hereinafter collectively referred to as ministries, central and local authorities), public service providers, domestic organizations and individuals, and foreign organizations and individuals participating in investment, scientific research, technology development, innovation and digital transformation.

Article 2. Fields of science, technology, innovation and digital transformation eligible for public-private partnership

1. High technologies, strategic technologies as provided by the law on high technology, the law on science, technology and innovation; infrastructure for science, technology and innovation to serve research, development and application of high technologies and strategic technologies.

2. Digital infrastructure to meet the requirements of digital economy, digital society and digital government development under the Prime Minister’s decision on digital infrastructure strategy in each period.

3. Shared digital platforms as provided in Article 10 of Resolution No. 193/2025/QH15 dated February 19, 2025 of the National Assembly on piloting certain special mechanisms and policies to create breakthroughs in development of science, technology, innovation and national digital transformation.

4. Training of digital technology human resources, digital technology industry human resources; infrastructure for training of digital technology human resources and digital technology industry human resources, including:

a) Investment in, construction and operation of online education and training platforms, digital higher education models, and enhancement of digital capacity in society;

b) Investment in, construction, operation or renovation, upgrading and expansion of education and training institutions, research institutes, training centers specialized in strategic technologies as provided in Clause 1 of this Article; national key scientific research, technology development, innovation promotion institutions and other facilities participating in development of digital technology and strategic technology human resources;

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5. Other types of technologies, products, services and activities consistent with the objectives of scientific research, technology development and innovation, and promotion of digital transformation.

Article 3. Forms of public-private partnership and principles for selection of PPP forms

1. Investment in the forms specified in Chapter II of this Decree.

2. Use of public property for joint ventures and affiliations as provided in Chapter III of this Decree.

3. Other forms of public-private partnership as provided in Chapter IV of this Decree.

4. Principles for selection of PPP forms:

a) For technologies and technological products at the stage of basic research or at the stage of applied research but not yet completed, with high risks in commercialization, priority shall be given to the form of cooperation through commissioning and funding as provided in Article 22 of this Decree;

b) For cooperation activities aimed at creating assets or renovating, upgrading, expanding existing assets, with or without combination of scientific research and technology development activities, priority shall be given to the forms provided in Chapter II or Article 23 of this Decree;

c) For cooperation activities with the purpose of using existing public property to serve scientific research, technology development, innovation and digital transformation, or using scientific research results for commercialization, priority shall be given to the forms provided in Chapter III or Article 23 of this Decree.

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1. Financial sources for PPP activities in scientific research, technology development, innovation and digital transformation include:

a) Public investment capital, recurrent expenditures of the state budget for science, technology, innovation and digital transformation, including capital allocated through the National Science and Technology Development Fund, the Science, Technology and Innovation Development Fund, the National Technology Innovation Fund, the National Venture Capital Fund, local venture capital funds and other funds as provided by law;

b) Science and technology development funds, career development funds of organizations, public service providers, state-owned enterprises and other funds under sectoral management laws; revenues from provision of products and services formed from PPP activities as provided by the law on prices and fees and the law on financial autonomy of public service providers;

c) Financial sources of enterprises, organizations, individuals and other lawful funds as provided by law.

2. The preparation of estimates, allocation, management and use of financial sources specified at Points a and b, Clause 1 of this Article shall be carried out in accordance with provisions applicable to each funding source under the law on science, technology and innovation, the state budget law and the regulations on operation of such funds.

3. Ministries, central authorities, local authorities and public service providers, when implementing PPP activities with organizations and enterprises as provided in this Decree, shall give priority to balancing and allocating state budget funds specified at Point a, Clause 1 of this Article for participation.

4. Public service providers that are self-financed for recurrent expenditures and investment, or self-financed for recurrent expenditures, with lawful revenues from PPP activities as provided in this Decree, after fulfilling obligations to the State (if any), may retain the entirety thereof for management and use in accordance with the law on financial autonomy of public service providers, with priority given to reinvestment in data infrastructure development, research and development of new data products and services.

5. In addition to the funds specified in Clause 1 of this Article, enterprises may mobilize other lawful funds to carry out PPP activities in science, technology, innovation and digital transformation in accordance with this Decree.

Article 5. Preferential policies and State support applicable to PPP for investment in scientific research, technology development, innovation and digital transformation

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1. Tax incentives as provided by the law on taxation, including the policy under which enterprises may include in deductible expenses, when determining taxable income, 200% of actual expenses for their research and development activities in calculation of corporate income tax, as provided by the Government.

2. Exemption and reduction of land use levies, land rents, and investment incentives as provided by the law on land, the law on investment and relevant laws.

3. Ownership of scientific research results, technology development and innovation outcomes as provided by the law on science, technology and innovation and Article 6 of this Decree.

4. Application of risk acceptance mechanisms in science, technology and innovation activities as provided by the law on science, technology and innovation. The criteria for determining acceptable risks, the process for assessing compliance, and mechanisms for protecting implementers and managers of scientific, technological and innovation tasks shall comply with the law on science, technology and innovation.

5. Organizations and individuals participating in the implementation of investment projects in the forms specified in Chapter II of this Decree shall be entitled to the State incentives and support provided in this Article and Article 17 of this Decree.

6. Organizations and individuals participating in PPP in the form of using public property for joint ventures and affiliations as provided in Chapter III of this Decree shall be entitled to the State incentives and support provided in this Article and Article 21 of this Decree.

7. Organizations and individuals participating in PPP in the forms provided in Chapter IV of this Decree shall be entitled to the State incentives and support provided in this Article and the law on science, technology and innovation.

8. The State shall place orders or award contracts for products and goods that are the outcomes of PPP serving special tasks in science, technology and innovation in accordance with the law on science, technology and innovation.

Article 6. Ownership, intellectual property rights, data and profit sharing in PPP

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2. Ownership and intellectual property rights with respect to data formed from data mining, analysis and development in PPP shall be determined as follows:

a) State agencies shall be the owners of original data directly created by such agencies in the course of their operations or collected and created from digitization of papers, documents and other physical forms, unless otherwise agreed by the parties;

b) Data arising from data mining, analysis and development shall be determined under the agreement of the parties, in conformity with the law on data, the law on intellectual property, the law on science, technology and innovation and relevant laws.

3. Profit sharing after tax derived from commercialization of assets arising from research and development activities in PPP shall be carried out on the basis of agreement among the parties in the project contract or cooperation agreement, in conformity with the law on intellectual property, the law on science, technology and innovation and other relevant laws, ensuring fair benefit sharing proportionate to each party’s contribution in finance, resources and technology.

Article 7. Mechanism for access to and use of data managed by state agencies in PPP

1. Access to, use of and sharing of data managed by state agencies in PPP shall be carried out in accordance with the law on data, the law on cybersecurity, the law on protection of personal data and relevant laws.

2. State agencies managing data shall be responsible for assisting organizations and individuals that are parties to project contracts or PPP cooperation agreements in connecting and using data for the purposes of research, development, innovation, digital transformation and commercialization of products as provided in the contract or cooperation agreement, ensuring compliance with the objectives, requirements, contents and scope of the signed contract or cooperation agreement, and with the law on data and relevant laws.

3. Access to and sharing of data shall be carried out under the following principles:

a) Ensuring transparency, control and full compliance with the law on protection of state secrets, information security, cybersecurity, data and protection of personal data;

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c) Where data is used for commercialization purposes, state agencies managing data, electronic authentication service providers, and organizations providing data products and services as provided by the law on data may agree with partners on a reasonable access and usage fee, which must be lower than the levels of fees, charges and data prices, to offset the costs of management, maintenance, safety assurance and development of data infrastructure.

Article 8. Mechanism of publicity, transparency, inspection and supervision

1. PPP activities in the field of science, technology, innovation and digital transformation shall be carried out on the principles of publicity and transparency, and shall be periodically evaluated and monitored at each stage of implementation.

2. Disclosure of information, inspection and supervision shall be carried out as follows:

a) For PPP projects provided in Chapter II of this Decree, in accordance with the Law on Investment in the form of public-private partnership;

b) For joint venture and affiliation cooperation activities provided in Chapter III of this Decree, in accordance with the Law on Management and Use of Public Property and the law on science, technology and innovation;

c) For other PPP cooperation activities provided in Chapter IV of this Decree, in accordance with the law on science, technology and innovation.

Chapter II

PUBLIC-PRIVATE PARTNERSHIP UNDER THE LAW ON INVESTMENT IN THE FORM OF PUBLIC-PRIVATE PARTNERSHIP

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Investment in the form of PPP shall apply to projects of investment, construction and operation combined with research and business activities (hereinafter referred to as science and technology PPP projects) for implementation of one or more of the following infrastructure categories:

1. Infrastructure serving research and development of high technologies and strategic technologies as provided in Clause 1, Article 2 of this Decree.

2. Digital infrastructure, digital services, data as provided in Clauses 2 and 3, Article 2 of this Decree.

3. Infrastructure serving the training of digital technology human resources as provided in Clause 4, Article 2 of this Decree.

4. Other infrastructure relating to science, technology, innovation and digital transformation as provided by the law on science, technology and innovation.

Article 10. Competent authorities and agencies authorized to sign PPP project contracts

1. Competent authorities include:

a) Agencies provided in Clause 1, Article 5 of the Law on Investment in the form of public-private partnership;

b) Education and training institutions, research institutes and public service providers that are self-financed for recurrent expenditures and investment, engaged in science, technology, innovation and digital transformation.

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Article 11. Application of PPP contract types

PPP projects as provided in Article 9 of this Decree may be implemented under one or a combination of the following types of PPP contracts:

1. BOT (Build - Operate - Transfer), BTO (Build - Transfer - Operate), BOO (Build - Own - Operate) contracts as provided in Clause 1, Article 45 of the Law on Investment in the form of public-private partnership, applied to projects involving investment, construction, upgrading, expansion of science, technology, innovation and digital transformation infrastructure, or combined with scientific research, technology development and creation of science and technology products and services for business and commercialization purposes.

2. BTL (Build - Transfer - Lease) and BLT (Build - Lease - Transfer) contracts as provided in Clause 2, Article 45 of the Law on Investment in the form of public-private partnership, applied to projects involving investment, construction, upgrading, expansion of science, technology, innovation and digital transformation infrastructure, or combined with scientific research and technology development to create science and technology products and services, but not for business or commercialization purposes.

3. BT (Build - Transfer) contracts as provided in Clause 2a, Article 45 of the Law on Investment in the form of public-private partnership (as amended by Law No. 57/2024/QH15), applied to projects involving investment, construction or renovation, upgrading, expansion of science, technology, innovation and digital transformation infrastructure to be transferred to state agencies upon completion of the investment and construction stage.

4. O&M (Operate - Manage) contracts as provided in Point d, Clause 1, Article 45 of the Law on Investment in the form of public-private partnership, applied to projects where state agencies already have science, technology, innovation and digital transformation infrastructure but require investors’ management and operation experience to conduct scientific research, technology development and commercialization of science and technology products.

Article 12. Procedure for implementation of science and technology PPP projects

1. Except for projects specified in Clause 2 of this Article, the procedure for science and technology PPP projects shall be carried out as follows:

a) The project-preparing unit or the investor proposing the project shall prepare a feasibility study report in accordance with Article 14 of this Decree;

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c) Selection of the investor, signing and implementation of the project contract.

2. For projects subject to the investment policy decision of the National Assembly and the Prime Minister, the procedure for project implementation shall comply with Clause 1, Article 11 of the Law on Investment in the form of public-private partnership and the Government’s Decree elaborating a number of Articles of the Law on Investment in the form of public-private partnership.

3. For projects proposed by investors without the use of state capital, or projects in which the investor owns or has the right to use strategic technologies falling under the cases of investor appointment as provided in Clause 1, Article 13 of this Decree, the project procedure shall be carried out as follows:

a) The investor shall submit a project proposal dossier, including a project proposal document, a draft feasibility study report, capacity profile and draft contract;

b) The competent authority shall organize the appraisal and approval of the project, the result of investor appointment and the draft contract;

c) Signing and implementation of the PPP project contract.

4. The procedures for investment preparation, investor selection, contract signing, implementation and state management of PPP projects shall comply with the law on investment in the form of public-private partnership and this Decree. Technical contents, requirements on design, cybersecurity and other specific contents of the field of information technology shall comply with the law on information technology and cybersecurity.

Article 13. Forms of investor selection for PPP projects

1. Appointment of investors shall apply in the following cases:

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b) Projects proposed by investors in which the investor owns or has the right to use technologies on the list of strategic technologies and strategic technological products;

c) Projects requiring the continued selection of enterprises that have previously deployed digital infrastructure or digital platforms in order to ensure technical compatibility, synchronization and connectivity;

d) Projects requiring acceleration of progress to promote socio-economic development and ensure national interests, which are proposed by investors and approved by competent authorities.

2. Special forms of investor selection shall apply to the following projects:

a) Projects requiring assurance of national interests, or implementation of national political tasks under directions in Resolutions, conclusions, or directives of the Central Committee of the Communist Party, the Politburo, the Secretariat, or key leaders of the Party and the State on project implementation;

b) Projects urgently required for immediate implementation under Resolutions of the Government, decisions, directives, or written notifications of opinions of the Government’s leaders;

c) Projects urgently required for immediate implementation to ensure connectivity and synchronization among works within the project under Resolutions of the Government, decisions, directives, or written notifications of opinions of the Government’s leaders;

d) Projects requiring ordering or task assignment for implementation in strategic sectors, or national key and important development investment projects in the field of science, technology and innovation;

dd) Projects requiring special investment procedures, special investor selection procedures or other special conditions which, if applying open bidding, competitive negotiation or investor appointment as provided in Articles 37, 38 and 39 of the Law on Investment in the form of public-private partnership, would not meet the requirements for project implementation.

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Article 14. Contents of feasibility study report for PPP projects

1. For projects of investment, construction, operation and business of science and technology infrastructure, the feasibility study report shall include:

a) Necessity of investment; conformity of the project with orientations for development of science, technology, innovation and digital transformation;

b) Objectives; scale; investment location; schedule; project implementation period, contract term, construction period for projects with construction components;

c) Description of technical plan, technological solutions applied, component projects (if any);

d) Type of PPP project contract; risk analysis, mechanism of revenue reduction sharing; total investment; financial plan of the project; projected state capital in the project (if any);

dd) Plan for organization of operation, business, and service provision for science, technology, innovation and digital transformation activities.

2. For PPP projects combining investment, construction, operation of science and technology infrastructure with scientific research, technology development and innovation activities, the feasibility study report shall include the contents specified in Clause 1 of this Article and the following additional contents:

a) Phasing of research, development and application of science and technology products into two stages, including: stage of scientific research and technology development, and stage of application of results of scientific research and technology development;

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c) Commercialization capacity and applicability of results of scientific research and technology development; proposed application of research results in stage 2 of the project.

3. The feasibility study report specified in Clause 2 of this Article must explain whether the stages of investment, construction of science and technology infrastructure; scientific research, technology development; application and commercialization of science and technology products are implemented simultaneously or sequentially.

4. For projects applying O&M contracts, the feasibility study report shall include:

a) Necessity of project implementation; advantages of applying the O&M contract type compared to other forms of investment;

b) Objectives; location; assessment of the current status of works, existing infrastructure systems and machinery, equipment of the works and infrastructure systems;

c) Explanation of requirements for the plan on organization of management, operation, business of works and infrastructure systems; expected products and research outcomes, quality requirements, demand for resources and human resources; total investment; financial plan;

d) Project contract information, including contract term, risk analysis and risk management measures of the project.

5. In case of application of BT contracts for investment and construction of science and technology infrastructure, the implementation shall comply with the Government’s Decree elaborating a number of Articles of the Law on Investment in the form of public-private partnership regarding implementation of projects applying Build - Transfer contracts.

Article 15. Dossier and contents of appraisal of feasibility study report; approval of PPP projects

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a) Written request for appraisal;

b) Draft submission requesting project approval;

c) Feasibility study report;

d) Other relevant legal documents of the project.

2. For projects proposed by investors under the procedure provided in Clause 3, Article 12 of this Decree, in addition to the documents specified in Clause 1 of this Article, the appraisal dossier shall include the investor’s capacity profile and documents evidencing the investor’s ownership or right to use strategic technologies.

3. Appraisal matters:

a) Conformity with legal grounds; necessity of investment;

b) Conformity of the type of contract; financial feasibility; capacity to balance state capital (if any);

c) Legal status of copyrights, ownership of strategic technologies or technology transfer contracts (if any).

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5. Competent authorities to approve PPP projects include:

a) Agencies specified in Clauses 1 and 2, Article 21 of the Law on Investment in the form of public-private partnership;

b) Education and training institutions, research institutes and public service providers that are self-financed for recurrent expenditures and investment, engaged in science, technology, innovation and digital transformation.

6. The procedure for PPP project approval shall comply with the Law on Investment in the form of public-private partnership and the Government’s Decree elaborating a number of Articles of the Law on Investment in the form of public-private partnership.  Approval of PPP projects shall be conducted within no more than 05 days from the date of receipt of a complete and valid dossier.

Article 16. Use of public property for participation in PPP projects

1. Public service providers may use public property to participate in science and technology PPP projects in accordance with the Law on Management and Use of Public Property and the Law on Investment in the form of public-private partnership.

2. The competent authority approving a PPP project shall also be the authority deciding on the use of public property under its management to participate in the PPP project.

3. Depreciation expenses of public property used for participation in PPP projects shall be included in the financial plan in the feasibility study report, based on the time and depreciation rate decided by the competent authority approving the PPP project.

Article 17. State policies on support, incentives and investment guarantees for PPP projects

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1. Application of a state capital contribution ratio of up to 70% of the total investment to support construction of works and payment of compensation, site clearance, support and resettlement expenses; support for construction of temporary works. State capital specified in this Clause shall be balanced and allocated from public investment funds in accordance with the law on public investment and the law on investment in the form of public-private partnership.

2. PPP projects involving scientific research, technology development and innovation may be commissioned or funded partially or wholly from the state budget as provided in Article 22 of this Decree. Such funding shall be independent from the state capital contribution in PPP projects specified in Clause 1 of this Article.

3. Application of the revenue increase and decrease sharing mechanism as provided in Article 82 of the Law on Investment in the form of public-private partnership. During the first 03 years after commencement of operation and business, 100% of the shortfall between actual revenue and revenue in the financial plan shall be shared when actual revenue is lower than that in the financial plan. The revenue reduction sharing specified in this Clause shall apply when the PPP project meets the conditions specified in Clause 2, Article 82 of the Law on Investment in the form of public-private partnership.

4. Application of early termination provisions of contracts under Article 52 of the Law on Investment in the form of public-private partnership, in cases where science, technology and innovation products created by PPP project enterprises have already implemented the revenue reduction sharing mechanism specified in Clause 3 of this Article during the first 03 years after commencement of operation and business, but actual revenue still remains below 50% of the revenue projected in the financial plan.

In such cases, the investor and project enterprise shall be reimbursed by the State for all lawful investment and construction costs of science and technology infrastructure and lawful operating expenses related to science and technology activities, provided that conditions under the Law on Investment in the form of public-private partnership are met.

Where contracts are terminated early, assets formed from the project shall be transferred to the State in accordance with Section 3, Chapter V of the Law on Investment in the form of public-private partnership; science and technology products formed from the project shall be handled in accordance with the provisions of the PPP project contract.

Article 18. Contents of PPP project contracts and responsibilities of contracting parties

1. PPP project contracts shall be formulated on the basis of the approved feasibility study report, investor selection results, and contents of contract negotiation.

2. For PPP projects involving investment, construction, operation and business of science and technology infrastructure, the contract shall include the following basic contents:

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b) Scope and requirements for construction of works, infrastructure serving science, technology, innovation and digital transformation (if any); conditions for use of land and other resources (if any); responsibilities for carrying out licensing procedures in accordance with relevant laws; design; organization of construction; inspection, supervision, quality management during construction; acceptance of works;

c) Total investment; capital structure; financial plan, including financial arrangement plan; state capital in the PPP project and corresponding management and use form (if any); investment settlement and completion confirmation;

d) Responsibilities for operation, business of works, infrastructure serving science, technology, innovation and digital transformation; conditions, procedures for transfer; responsibilities of the parties in scientific research, technology development; commercialization of products created from technologies; copyrights, technology ownership rights; responsibilities for training of digital human resources, technology transfer to public scientific and technological research institutions (if any);

dd) Contract performance security; ownership, management and use rights of project-related assets; information confidentiality; reporting regime; provision of relevant information and documents and explanation of contract performance at the request of competent authorities, inspection, examination, audit and supervision bodies;

e) Plans for handling force majeure events, fundamental change of circumstances as provided by civil law in order to continue contract implementation; remedies, compensation and sanctions in case of breach of contract by any party;

g) Principles and conditions for contract amendment, supplementation, early termination; assignment of rights and obligations of the parties; rights of lenders; procedures, rights and obligations of the parties upon contract liquidation; governing law of the contract and dispute resolution mechanism

h) Investment incentives, investment guarantees, revenue increase and decrease sharing plan, foreign exchange balancing guarantee, types of insurance (if any).

3. For PPP projects combining investment, construction, operation and business of science and technology infrastructure with scientific research, technology development, innovation and application of research results, the competent authority and the investor shall select appropriate contents specified in Clause 2 of this Article and the contents related to scientific research and technology development specified in Clause 2, Article 14 of this Decree for contract negotiation.

Chapter III

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Article 19. Management and use of assets being outcomes of scientific, technological and innovation tasks funded by the state budget for joint ventures and affiliations

Management and use of assets being outcomes of scientific, technological and innovation tasks funded by the state budget for the purpose of joint ventures and affiliations shall comply with the law on science, technology and innovation and relevant laws (if any).

Article 20. Use of public property at public service providers for joint ventures and affiliations

1. Public service providers may use public property (including data) for joint ventures and affiliations with one another or with other organizations and individuals to conduct scientific research, technology development as provided in Clause 1, Article 2, or to implement training cooperation activities as provided in Clause 4, Article 2 of this Decree.

2. Competence to approve the scheme:

a) Ministers, heads of central authorities, Chairpersons of province-level People’s Committees shall decide or delegate decision-making authority on approval of schemes involving public property at public service providers under their management, except for property specified at Point b of this Clause;

b) Heads of public service providers that are self-financed for recurrent expenditures and investment shall approve schemes on the use of public property under their management.

3. Public service providers may use public property for joint ventures and affiliations in the cases provided in Clause 1, Article 58 of the Law on Management and Use of Public Property. Public property in the case specified at Point c, Clause 1, Article 58 of the Law on Management and Use of Public Property may be used for joint ventures and affiliations when meeting one of the following requirements:

a) Use of public property during the time not assigned for performance of state tasks;

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c) Provision of more public services to society.

4. Public service providers shall prepare a scheme on the use of public property for joint ventures and affiliations according to the form enclosed with this Decree for approval under the competence specified at Point b, Clause 2 of this Article or report to their superior authority (if any) for comments on the scheme before submitting to the competent authority specified at Point a, Clause 2 of this Article for consideration and approval.

5. Dossier submitted to competent authorities for approval of schemes specified at Point a, Clause 2 of this Article shall include:

a) Written request for scheme approval by the public service provider: 1 original;

b) Written opinion of the superior authority (if any) on the scheme: 1 original;

c) Scheme on the use of public property for joint ventures and affiliations of the public service provider: 1 original;

d) Other relevant documents (if any): 1 copy.

6. Within 07 days from the date of receipt of a complete and valid dossier, the competent authority specified at Point a, Clause 2 of this Article shall decide to approve the scheme within its competence, or issue a written request for amendment and supplementation, or refuse to approve the scheme. For schemes specified at Point b, Clause 2 of this Article, the head of the public service provider shall decide the implementation time on the basis of ensuring progress of the scheme implementation.

7. The main contents of the decision approving the scheme shall include:

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b) List of public property used for joint ventures and affiliations;

c) Duration of the scheme (period of validity of the scheme);

d) Responsibilities for implementation.

8. Where public service providers wish to use public property for joint ventures and affiliations with each other to provide public services, such public service providers shall jointly prepare one scheme on the use of public property for joint ventures and affiliations. The parties to the joint venture or affiliation shall report to the competent authority specified in Clauses 2, 3, 4, 5, 6 and 7 of this Article for approval as the basis for implementation, without the need to organize partner selection.

9. Based on the scheme on the use of public property for joint ventures and affiliations approved by the competent authority, the head of the public service provider may autonomously decide on the selection of partners for joint ventures and affiliations, and decide the plan for use of public property for joint ventures and affiliations.

10. Forms of using public property for joint ventures and affiliations:

a) Form of joint ventures and affiliations without establishment of a new legal entity:  the parties use their own property to conduct joint ventures and affiliations and shall manage and use their own property and cover expenses arising during operation. The public service provider shall not be required to determine the value of the property in such joint ventures and affiliations;

b) Form of joint ventures and affiliations without establishment of a new legal entity:  the parties to the joint venture or affiliation contribute property or capital for investment in construction or procurement of property for use in the joint venture or affiliation; The public service provider shall not be required to determine the value of the property in such joint ventures and affiliations;

c) Form of joint ventures and affiliations with establishment of a new legal entity: the parties contribute property or capital for investment in construction or procurement of property for use in the joint venture or affiliation; the new legal entity shall manage and use the property in accordance with law and the joint venture/affiliation contract.  The head of the public service provider may autonomously determine the value of the property for joint ventures and affiliations, or hire a valuation enterprise or establish a Valuation Council in accordance with the law on prices to determine the value of public property for use in joint ventures and affiliations; in which the property value is only one of the bases for deciding such plan.

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a) Property being land use rights, houses, works and other property attached to land shall be transferred without compensation to the public service provider for management and use. Where public service providers jointly participate in joint ventures and affiliations, the joint venture/affiliation contract must specifically stipulate the division of land use rights, houses, works and other property attached to land formed through joint ventures and affiliations as the basis for handling;

b) Other property not specified at Point a of this Clause but formed through joint ventures and affiliations shall be handled by agreement among the parties. Remaining property (not formed through joint ventures and affiliations) shall be handled as follows:

For the form specified at Point a, Clause 10 of this Article: the unit shall continue managing and using or submit to the competent authority for consideration and decision in accordance with the Law on Management and Use of Public Property and its elaborating Decree;

For the form specified at Point b, Clause 10 of this Article: upon expiration of the joint venture or affiliation, handling shall be as follows: in case of property contribution, handled under Point a of this Clause; in case of capital contribution for investment in construction or procurement of property for use in joint ventures and affiliations, the property shall be divided to each party corresponding to its capital contribution;

For the form specified at Point c, Clause 10 of this Article: property shall be divided among the parties to the joint venture or affiliation in proportion to their contributions. This proportion shall be decided by the organizations and units themselves.  Where physical division is not possible, the property shall be sold to the remaining parties in the joint venture at market price; if not purchased, it shall be sold by auction.

c) Where the parties to a joint venture or affiliation voluntarily transfer property without compensation to the public service provider, such public service provider shall be responsible for management and use in accordance with law.

12. Public service providers may autonomously decide on the time and depreciation rate for property used in joint ventures and affiliations.

13. Matters relating to the use of public property at public service providers for joint ventures and affiliations not provided in this Decree shall comply with the Government’s Decree elaborating a number of Articles of the Law on Management and Use of Public Property.

14. The Minister of National Defense and the Minister of Public Security shall consider and decide on the use of defense and security land in combination with labor, production and business activities for the purposes of science, technology, innovation and digital transformation in joint ventures and affiliations.

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Public scientific and technological organizations and public service providers shall not be required to pay the minimum 2% revenue contribution as provided in the Government’s Decree elaborating a number of Articles of the Law on Management and Use of Public Property, where public property is used for joint ventures and affiliations in scientific research, development of strategic technologies as provided in Clause 1, Article 2 of this Decree, or for implementation of training cooperation activities as provided in Clause 4, Article 2 of this Decree.

Chapter IV

OTHER FORMS OF PUBLIC-PRIVATE PARTNERSHIP

Article 22. Cooperation in the form of commissioning or funding scientific, technological and innovation tasks

1. The State shall commission or fund part or all of the expenses from the state budget for organizations and enterprises to perform scientific, technological and innovation tasks in accordance with the law on science, technology and innovation.

2. Criteria, conditions for selection, procedures for selection, funding procedures and related procedures shall comply with the law on science, technology and innovation.

3. Rights to manage, use, and own the outcomes of scientific research, technology development and innovation; commercialization of outcomes of scientific research, technology development and innovation; profit sharing from commercialization of outcomes of scientific research, technology development and innovation shall comply with the law on science, technology and innovation.

Article 23. Cooperation between the State, scientific and technological organizations and enterprises

1. Cooperation between the State, scientific and technological organizations and enterprises (hereinafter referred to as tripartite cooperation) shall be carried out as follows:

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b) Responsibilities of scientific and technological organizations: To organize scientific research, technology development, production and service activities; to conduct research to address major challenges in science, technology, innovation and digital transformation at the request of ministries, central authorities, local authorities or under agreement with enterprises; to train high-quality human resources for enterprises; to operate research and development infrastructure; to provide knowledge, data and human resources under agreement with ministries, central authorities, local authorities;

c) Responsibilities of enterprises: To provide available infrastructure or invest in construction of infrastructure serving research and development; to provide funding for research and development activities; to conduct research or propose major challenges in science, technology, innovation and digital transformation; to conduct training, testing, operation and production and business activities; to apply and commercialize research and development outcomes, and to supply products and services to the market.

2. Based on the objectives, resources, capacities and cooperation needs of the parties, ministries, central authorities, local authorities, scientific and technological organizations and enterprises shall specifically agree on the form of cooperation, rights, obligations, responsibilities of the parties and other contents specified in Article 24 of this Decree.

3. Cooperation between the parties specified in Clause 1 of this Article must comply with the principles specified in Clause 2, Article 25 of this Decree.

4. The parties specified in Points b and c, Clause 1 of this Article may sign a cooperation agreement or establish a new legal entity (if necessary) to implement activities. The cooperation agreement shall not limit the participation of other members.

Article 24. Contents of cooperation agreements

Cooperation agreements between ministries, central authorities, local authorities, scientific and technological organizations and enterprises shall include the following basic contents:

1. Objectives of cooperation, scope of research and activities of the cooperation agreement.

2. Rights, obligations and responsibilities of the parties to the cooperation agreement.

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4. Intellectual property rights, requirements for technology transfer and data (if any).

5. Mechanism for management and supervision of implementation of the cooperation agreement.

6. Rights of enterprises in organizing management structure, recruiting personnel, setting service tariffs, mobilizing capital and cooperating in investment with other organizations and individuals.

7. Mechanism of acceptance and risk sharing in case research and development tasks fail to achieve expected results; distribution of benefits and risks among the parties.

8. Conditions for termination of the cooperation agreement, assignment of rights and obligations of the parties, admission of additional partners to the cooperation agreement; plan for handling property upon termination of the cooperation agreement.

9. Confidentiality of information, data and personal data.

10. Other contents as agreed by the parties.

Article 25. Other forms of public-private partnership

1. In addition to the forms of PPP specified in Chapters II, III and Articles 22 and 23 of this Decree, domestic and foreign organizations and individuals may propose and implement other forms of PPP to promote scientific research, technology development, innovation and digital transformation.

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a) Conformity with the national orientations for development of science, technology, innovation and digital transformation;

b) Ensuring the principles of voluntariness, equality, transparency, and clear division of responsibilities, benefits and risks among the parties;

c) Ensuring efficient use of resources, leveraging the strengths of each party; having risk control, governance and supervision mechanisms appropriate to the characteristics of the activities.

3. For the forms of PPP specified in Clause 1 of this Article that involve the use of the state budget, public property, land or other state resources, the cooperation scheme must be approved by the competent authority before implementation.

Chapter V

RESPONSIBILITIES OF PARTIES IN PUBLIC-PRIVATE PARTNERSHIP ACTIVITIES

Article 26. Responsibilities of ministries, central authorities, local authorities, public scientific and technological organizations and public service providers

1. To prepare resources, formulate and implement plans to support enterprises in investing and developing new digital applications and services in the form of PPP.

2. To concentrate resources to prioritize PPP activities for types, products, technologies and activities specified in Clauses 1, 2, 3 and 4, Article 2 of this Decree.

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4. To direct scientific research institutions, training institutions and public service providers to actively coordinate, jointly venture and affiliate with enterprises in the fields of science, technology, innovation and digital transformation in training activities.

5. To fully perform rights, obligations and responsibilities when entering into PPP project contracts, joint venture or affiliation contracts, cooperation agreements, and commitments on other forms of PPP.

Article 27. Encouragement of participation in PPP activities in the fields of science, technology, innovation and digital transformation

Organizations and individuals not specified in Article 26 of this Decree are encouraged to participate in PPP activities in the fields of science, technology, innovation and digital transformation as follows:

1. To conduct research and proactively propose PPP activities in the fields specified in Article 2 of this Decree; to proactively seek cooperation with partners, experts, and foreign scientists to access and acquire technological know-how, learn and decode advanced foreign technologies, and promote their transfer to Vietnam.

2. To mobilize and arrange domestic and foreign capital sources, and to encourage cooperation with international organizations and financial institutions to mobilize preferential loans.

3. To study and develop markets for application and commercialization of scientific and technological products that have been researched and developed.

4. To study and propose policies to attract overseas Vietnamese and foreign experts with high qualifications to Vietnam for research and development of scientific and technological products.

5. To propose and implement mechanisms for cooperation among state agencies, enterprises, universities, educational institutions and research institutes to train digital human resources and employ such workforce in PPP activities.

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IMPLEMENTATION PROVISIONS

Article 28. Transitional provisions

1. PPP project contracts and joint venture/affiliation contracts signed before the effective date of this Decree shall continue to be implemented in accordance with the signed contracts.

2. PPP projects that have been approved by competent authorities with investment policy decisions and project approval but have not yet organized investor selection by the effective date of this Decree shall continue to be implemented in accordance with the investment policy decision and project approval decision, or the competent authority of the project shall report to the competent level for adjustment of the investment policy and project in order to apply this Decree.

3. Public service providers with schemes on the use of public property for joint ventures and affiliations approved by competent authorities but which have not yet selected partners by the effective date of this Decree shall continue to be implemented in accordance with the approved schemes, or report to competent authorities for adjustment of such schemes in order to apply this Decree.

Article 29. Entry into force

1. This Decree comes into force as of July 01, 2025, except as provided in Clause 2 of this Article.

2. The provisions of Articles 6, 19 and 22 of this Decree come into force as of October 01, 2025.

3. Ministers, heads of ministerial-level agencies, heads of Governmental agencies, and Chairpersons of People’s Committees of provinces and centrally-affiliated cities shall, within their functions and powers, provide guidance and organize the implementation of this Decree.

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ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Nguyen Chi Dung