Nghị định 267/2025/NĐ-CP hướng dẫn Luật Khoa học, công nghệ và đổi mới sáng tạo về chương trình, nhiệm vụ khoa học, công nghệ và đổi mới sáng tạo và một số quy định về thúc đẩy hoạt động nghiên cứu khoa học, phát triển công nghệ và đổi mới sáng tạo

DECREE

ON ELABORATION ON SOME ARTICLES OF THE LAW ON SCIENCE, TECHNOLOGY AND INNOVATION REGARDING SCIENCE, TECHNOLOGY AND INNOVATION PROGRAMS AND TASKS; AND SOME REGULATIONS ON PROMOTING SCIENTIFIC RESEARCH, TECHNOLOGY DEVELOPMENT AND INNOVATION ACTIVITIES

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Science, Technology and Innovation No. 93/2025/QH15;

At the request of the Minister of Science and Technology;

The Government promulgates the Decree on elaboration on some articles of the Law on Science, Technology and Innovation regarding science, technology and innovation programs and tasks; and some regulations on promoting scientific research, technology development and innovation activities.

Chapter I

GENERAL REGULATIONS

...

...

...

This Decree elaborates point a, clause 2 and clause 3, Article 9 regarding risks and acceptance of risks in scientific research, technology development and innovation; Article 11, Article 16, Article 17, Article 18 and clause 2, Article 19 regarding evaluation of activities of science, technology and innovation funded by the state budget; Article 24, Article 25, Article 27, Article 28, Article 29, Article 30 and clause 1, Article 31 regarding the use of state budget for implementing science, technology and innovation tasks aimed at technology decoding for the development of strategic technologies and acquisition of technology know-how; Article 36, Article 53, Article 59 and clause 1, Article 64 regarding donation and commission to perform science, technology and innovation programs and tasks for scientific research and technology development, and supporting activities to enhance national science and technology capacity conducted by the National Foundation for Science and Technology Development (hereinafter referred to as “NAFOSTED”); clause 1, Article 65 regarding commission and donation for science, technology and innovation programs and tasks, and supporting activities to enhance science and technology capacity of the funds for development of science and technology of ministries, ministerial authorities, governmental authorities, other central authorities and province-level People’s Committees; clauses 1 and 3, Article 70 of the Law on Science, Technology and Innovation regarding donation for science, technology and innovation tasks through bilateral and multilateral cooperation, and the State’s contribution to joint research funds with countries and international organizations based on signed international treaties and agreements.

Article 2. Regulated entities

This Decree applies to authorities, organizations, enterprises and individuals that engage in activities of science, technology and innovation in Vietnam, or outside of Vietnam but have the rights and obligations in accordance with the laws in Vietnam and international treaties to which the Socialist Republic of Vietnam is a party.

Article 3. Definitions

1. Science, technology and innovation tasks under the form of cooperation are tasks donated and commissioned by the State for organizations or enterprises to implement based on existing scientific, technology and innovation activities between that organization or enterprise and other enterprises.

2. Science, technology, and innovation tasks under the form of public-private partnership are tasks funded jointly from the state budget and non-budgetary sources based on agreements between the parties regarding contribution ratios, distribution of research results and shared use of facilities and technical infrastructure for research purposes.

3. Science, technology and innovation tasks under international cooperation are tasks donated and commissioned by the State for organizations or enterprises to implement and carry out under bilateral and multilateral cooperation between the Government, the State, organizations of Vietnam and foreign partners.

4. Science, technology and innovation tasks serving the technology decoding to develop strategic technologies funded by the state budget (hereinafter referred to as “technology decoding tasks”) are tasks donated and commissioned by the State for organizations or enterprises that are fully or partially funded by the state budget to conduct research to decode, master and develop strategic technologies.

5. Science, technology and innovation tasks involving the acquisition of technology know-how funded by the state budget (hereinafter referred to as “tasks for acquisition of technology know-how”) are tasks donated and commissioned by the State for organizations or enterprises that are fully or partially by the state budget for receiving, owning and researching to master the technology know-how. Tasks for acquisition of technology know-how are prioritized to serve the objective of developing strategic technologies.

...

...

...

7. A chain of science, technology and innovation tasks (hereinafter referred to as “a task chain”) is a set of two or more tasks designed and implemented sequentially and cooperatively, from scientific research and technology development to innovation. This chain is assigned to an organization or enterprise to implement in order to address a scientific, technological and innovation issue. Each task within the chain has a specific objective and constitutes a stage in achieving the overall objective of the entire sequence.

8. Periodic evaluation of a science, technology and innovation task is an activity conducted by the task managing authority during the implementation period to assess the level of task completion and task progress compared to the approved plan and any issues arising during the implementation process.

9. Final evaluation of a science, technology and innovation task is an activity carried out by the task managing authority at the end of the task’s implementation period to assess the extent to which objectives and outputs have been achieved compared to the task assignment contract. The evaluation of the level of task completion takes into account cases where the results are unsuccessful but possess academic value, foundational data, or serve as a basis for further research.

10. The evaluation of the output effectiveness of a science, technology and innovation task is an activity carried out by the task managing authority at the end of the task’s implementation period to determine the degree of alignment between the achieved results and the budgetary resources used, the quantity of products, scientific value, policy advisory value, practical applicability and contribution to innovation.

11. The evaluation of impact of a science, technology and innovation task is an activity conducted by the task managing authority from 02 to 05 years after the completion of the task’s implementation period for measuring its effects on socio-economic development.

12. A science, technology and innovation contract is a contract assigning the implementation of a science, technology and innovation task (hereinafter referred to as “task assignment contract”) which establishes the rights and obligations of the parties during the implementation process.

13. The managing authority of science, technology and innovation tasks refers to ministries, ministerial authorities, governmental authorities, other central authorities and province-level People's Committees.

In cases where ministries, ministerial authorities or province-level People’s Committees delegate or authorize subordinate authorities or organizations to manage science, technology and innovation activities, such authorities or organizations shall be considered managing authorities of science, technology and innovation tasks.

In cases where government authorities or other central authorities authorize their subordinate authorities or organizations to manage science, technology and innovation tasks, such subordinate authorities or organizations shall be considered managing authorities of those tasks.

...

...

...

SCIENCE, TECHNOLOGY AND INNOVATION PROGRAMS AND TASKS

Section 1. SCIENCE, TECHNOLOGY AND INNOVATION TASKS

Article 4. Classification of science, technology and innovation tasks

1. Science, technology and innovation tasks that address scientific and technological issues (hereinafter referred to as “science and technology tasks”) include basic research tasks; applied research tasks; technology development tasks; and social solution development tasks.

2. Science, technology, and innovation tasks that address innovation issues (hereinafter referred to as “innovation tasks”) include technology application and transfer tasks; innovation tasks based on technological innovation, technology creation and technology performance improvement; startup tasks; and other relevant tasks.

Article 5. Requirements for organizations and enterprises applying for donation or commission to implement science, technology and innovation tasks funded by the state budget

1. Organizations and enterprises (hereinafter referred to as “organizations”) applying for donation or commission to implement science, technology and innovation tasks funded by the state budget shall meet the following requirements: have juridical personality, possess capacity and experience, have functions, tasks or fields of activity suitable to the research area of the task; and shall not fall under the cases prescribed in clause 2 of this Article.

2. An organization shall not be considered for commission or donation to implement science, technology and innovation tasks in one of the following cases:

a) At the time of submitting the registration dossier, the organization has not yet submitted the final evaluation or acceptance evaluation request for a science, technology and innovation task or a science and technology task funded by the state budget that the organization is taking charge as prescribed by law;

...

...

...

c) Within 01 year from the issuance of the competent authority's decision on suspension of the implementation of a science, technology and innovation task or a science and technology task due to violations until the deadline for submitting the registration dossier;

d) An organization that is currently suspended from operations or has been sanctioned for administrative violations in the field of science, technology and innovation which has been imposed before the period of being considered that such action is not enforced yet expires; or is currently under disciplinary action or prosecution.

3. An organization proposing science, technology and innovation tasks for approval under lump-sum funding shall have taken charge of at least three tasks funded by the state budget under national science, technology and innovation program or national science and technology program that have been completed within the last five years and have achieved results and objectives, or received an evaluation of "good" or higher.

4. In addition to clauses 1 and 2 of this Article, organizations applying for donation or commission to implement science, technology and innovation tasks funded by the state budget shall also satisfy requirements corresponding to each type of task as prescribed by the competent authority managing that type of task (if any).

Article 6. Criteria for science, technology and innovation tasks

1. Have clear objectives, feasibility regarding content, implementation methods, deployment plan, expected results, budget and timeline.

2. Comply with the content of the announcement on the donation or commission plan for science, technology and innovation tasks issued by the competent authority.

3. In addition to clauses 1 and 2 of this Article, organizations applying for donation or commission to implement science, technology and innovation tasks funded by the state budget shall also satisfy the requirements corresponding to each type of task as prescribed by the competent authority managing that type of task (if any).

Article 7. Criteria for science and technology tasks

...

...

...

1. a) Basic research tasks shall possess novelty and creativity, have the potential to generate new scientific knowledge, contribute to enhancing national science and technology capacity; apply advanced research methods; and produce results published in domestic and international publications.

2. Applied research tasks shall possess novelty and creativity, have scientific significance, and have the potential to apply research results to create solutions serving production, business needs, policy development with practical significance and impact on socio-economic development; ensure national defense and security.

3. Technology development tasks shall contribute to creating technologies with novelty and creativity in conformity with domestic and international technology trends; be capable of pilot production of new products under actual production conditions to control quality, cost and commercialization potential before commercial production; involve enterprises, authorities or organizations committed to receiving, applying and commercializing the results or participating in the task implementation; and have the capacity to mobilize non-state budget funding for implementation.

4. Social solution development tasks shall originate from the need to address practical issues serving the development of the economy, society, culture, education, environment, national defense and security at local, regional or national levels or the development of sectors or fields. The results shall contribute to theory and academia; help propose breakthrough, innovative and highly applicable solutions, policies, laws, models, processes, and organizational structure or management methods; and have organizations that are ready to receive and apply these results.

Article 8. Criteria for science, technology and innovation tasks under international cooperation

In addition to clauses 1 and 2 of Article 6 and Article 7 of this Decree, science, technology and innovation tasks under international cooperation shall also satisfy the following criteria:

1. Comply with the State’s international cooperation orientation.

2. Ensure the legitimate rights and interests of participating parties; protect national security, intellectual property rights and the confidentiality of science, technology and innovation information.

3. Have a written cooperation commitment from the foreign partner specifying the cooperation fields, content, responsibilities for cooperation, co-donation or provision of necessary resources.

...

...

...

5. Bring practical benefits by addressing scientific, technological and innovation issues of both parties to enhance the science, technology and innovation capacity of Vietnam or its partners, especially in the reception, mastery and development of new and core technologies, as well as in training and developing high-quality human resources.

6. Have a plan for handling intellectual property rights (if intellectual property objects are involved) with clear benefit-sharing arrangements in accordance with Vietnamese laws and international practices.

7. Have feasibility of implementation including the capacity of the presiding organization, the head, facilities, deployment plan, cooperation methods with foreign partners and the progress.

Article 9. Criteria for technology decoding tasks and tasks for acquisition of technology know-how

In addition to clauses 1 and 2 of Article 6 and Article 7 of this Decree, technology decoding tasks and tasks for acquisition of technology know-how shall also satisfy the following criteria:

1. New technologies that have not yet been mastered in Vietnam and for which there are no domestic equivalent products, equipment or know-how.

2. Be capable of direct application to create products or services that enhance national competitiveness, ensure national defense and security, or satisfy urgent socio-economic development needs.

3. Have domestic enterprises, organizations or authorities that commit to receiving, applying or exploiting the results after decoding or acquiring the know-how.

Article 10. Grounds and procedures for issuing the Announcement of the plan for donation and commission to perform science, technology and innovation tasks

...

...

...

a) Commission by ministries, ministerial authorities, governmental authorities, other central authorities, People’s Committees at all levels, and political or socio-political organizations;

b) Priority orientations or specific requirements from the Communist Party of Vietnam (hereinafter referred to as “CPV”) and State leadership to concretize the national or local strategy and plan for socio-economic development ; strategies, master plans and plans for development of sectors; strategies, plans, and programs for development of science, technology and innovation;

c) Commitments in bilateral or multilateral international cooperation documents related to science, technology and innovation activities;

d) The ability to balance and allocate state budget and other legitimate financial resources within the plan;

dd) Issues arising from practical management including urgent and unexpected requirements of the State, the need to address emergency situations related to socio-economic affairs, environment, epidemics, fires, sudden accidents, incidents or force majeure events, natural disasters, or new problems emerging in the practice of science, technology and innovation activities.

2. Announcement of the Plan for donation for science, technology and innovation tasks shall comply with the following regulations:

a) The task managing authority shall issue the announcement of the Plan for donation for tasks in accordance with clause 1 of this Article. The deadline for receiving registration dossiers shall comply with regulations on deadline so that organizations and individuals may prepare and complete the dossiers as required;

b) Contents of announcement: The expected scope and recipients of the donation; the estimated ceiling for funding support from the state budget for each type of task, task group or task chain of science, technology, and innovation tasks; the deadline; the address and method for receiving dossiers.

3. Procedures for commission and announcement of the plan for commission to select or assign (hereinafter referred to as “commission”) science, technology and innovation tasks shall comply with the following regulations:

...

...

...

b) The content of commission to perform science, technology and innovation tasks includes the following main information: urgency; objectives; expected results and effectiveness, impact of the task implementation results; estimated implementation budget; proposed organization for assignment (if any); commitment to receive, plan for managing and using the results of the science, technology and innovation task by the commission authority; statement regarding the State’s retention of the rights to manage, use and own the results in the event of a state authority’s request to receive the results;

c) The task managing authority shall review and select commission tasks, determine the estimated funding ceiling from the state budget for each task, task groups or task chains of science, technology and innovation tasks via a team of expert advisors with relevant expertise. The determination of the estimated funding ceiling is based on the following principles: the ability to balance funds as prescribed in point d, clause 1 of this Article, and the expected results, effectiveness and impact of the task;

The task managing authority shall decide to assign the implementation of tasks in cases prescribed in clause 2, Article 16 of the Law on Science, Technology and Innovation;

d) The task managing authority shall issue the announcement of the commission plan for tasks in accordance with clause 1 of this Article. The deadline for receiving registration dossiers shall ensure sufficient time for organizations and individuals to prepare and complete the dossiers as required;

dd) The announcement of the commission plan for tasks, task groups or task chains of science, technology and innovation tasks shall clearly state the estimated funding ceiling, deadline, address, implementation method, method for receiving dossiers and specify that the State will retain the rights to manage, use and own the task results in the event that a state authority requests to receive the results.

4. For science, technology and innovation tasks under international cooperation: The announcement of the donation or commission plan shall clearly reflect the agreed contents exchanged and negotiated between the ministries, ministerial authorities, governmental authorities, other central authorities, province-level People’s Committees and foreign partners including priority cooperation issues, requirements, expected products, implementation plan and funding support for task execution. The maximum support from the state budget shall not exceed 2,5 times the value of the foreign partner’s contribution, except in special cases decided by the Minister, head of ministerial authorities, governmental authorities, other central authorities, and the Presidents of province-level People’s Committees.

5. For task groups or task chains of science, technology and innovation: The content of the announcement of the donation or commission plan shall include the information prescribed in clauses 6 and 7, Article 3 of this Decree.

6. For technology decoding tasks and tasks for acquisition of technology know-how: the content of the announcement of the donation or commission plan shall include additional information related to technologies and technology products listed in the List of strategic technology and strategic technology products issued by the Prime Minister.

7. In addition to clauses 1, 2, 3, 4, 5 and 6 of this Article, ministries, ministerial authorities and province-level People’s Committees shall provide detailed regulations on the content, forms, procedures for announcing donation and commission plans, and the time for receiving dossiers for science, technology and innovation tasks within their state management scope (if necessary).

...

...

...

1. The general dossier includes:

a) Application for taking charge of the implementation of a science, technology and innovation task including a commitment regarding the accuracy and truthfulness of the data and information provided in the task description;

b) The task description including the following main contents: task title; justification of urgency; general objectives, specific objectives; content and methods for implementation; expected results; timeline and progress; capacity and experience of the presiding organization which includes human resources and facilities, equipment for task implementation; estimated budget proposed for lump-sum funding or funding by instalments; identification of potential risks and proposal of management and control measures; plans for cooperation, international cooperation and hiring experts; expected output effectiveness and impact of the task results as prescribed in points c and d, clause 2, Article 19 of the Law on Science, Technology and Innovation;

c) Proofs of the legal status of the presiding organization: Decision on establishment or registration certificate of enterprise, or the Charter approved by the competent authority, or other equivalent documents.

The proposing organization is not required to submit this document if it has already been updated on the National digital platform for management of science, technology and innovation;

d) Information on the capacity of the proposing organization, and the résumé of the individual registering as the head and research members which shall be updated on the National digital platform for management of science, technology and innovation.

2. For science, technology and innovation tasks, task groups, or task chains requiring counterpart funding, documents demonstrating the counterpart funding mobilization plan shall be provided in accordance with the following cases:

a) For cases using self-owned capital, additional proofs the source of funds and a commitment to use the funds as counterpart funding for task implementation are required;

b) For cases of mobilizing capital from other organizations or individuals, additional commitment documents and confirmation papers regarding the capital contribution from the individuals/organizations/owners to the presiding organization; and agreements between the parties on profit-sharing from the commercialization of results for task implementation are required (if any);

...

...

...

3. In addition to clauses 1 and 2 of this Article, science and technology tasks shall satisfy the following specific requirements: the description shall be presented in a maximum of 20 pages and include the following information: content and implementation methods including the domestic and international current status before the research; expected results including intermediate and final results; the relationship between specific objectives, content, intermediate results and final results.

4. In addition to clauses 1, 2 and 3 of this Article, science, technology and innovation tasks funded by the state budget and under lump-sump funding shall include evidence from the proposing organization demonstrating that it has taken charge of at least three tasks funded by the state budget under the national science, technology and innovation program or the national science and technology program within the last five years; achieved the results and objectives or have been evaluated as satisfactory or higher.

5. In addition to clauses 1, 2 and 3 of this Article, science, technology and innovation tasks under international cooperation shall have a cooperation agreement between the presiding organization and foreign partners that states the content, implementation plan, principles for sharing research results and resource contributions from both sides (financial, human resources, facilities); and a commitment of funding from the foreign partner (if any).

6. In addition to clauses 1, 2 and 3 of this Article, a science, technology and innovation task chain shall include a general description of no more than 10 pages with the following main contents: title, objectives, component tasks, expected results and a clear explanation of the interconnection between the tasks to achieve the overall objectives of the chain.

7. In addition to clauses 1, 2, and 3 of this Article, science, technology and innovation tasks under the form of cooperation shall have a donation contract and financial evidence that they are provided by an organization to carry out science, technology and innovation activities.

8. In addition to clauses 1, 2 and 3 of this Article, science, technology and innovation tasks under the form of public-private partnership shall include a co-donation commitment letter from participating organizations clearly specifying the contribution amounts, proofs of the financial and technical capacity of the co-donors, plans for sharing benefits and responsibilities, dispute resolution mechanisms (if any) and plans for exploitation, commercialization and benefit-sharing from the research results.

9. In addition to clauses 1 and 2 of this Article, technology decoding tasks and tasks for acquisition of technology know-how funded by the state budget shall include:

a) Report and proof proving that the technology, technology products, or equipment are not yet available or mastered in Vietnam;

b) Report analyzing the value, application potential and commercialization feasibility after decoding the technology or receiving the technology know-how, technology products or equipment;

...

...

...

d) The plan for appointing experts including the scope of work, responsibilities and confidentiality commitments regarding the results; the expert’s remuneration in accordance with the laws (if any);

dd) The plan for purchase of foreign technology, technology products, equipment and technology know-how at an agreed price in accordance with regulations.

10. For funding proposals serving the national defense and security, where the proposing organization is not an authority, unit or enterprise under the Ministry of National Defense or the Ministry of Public Security: a commitment document from the Ministry of National Defense or the Ministry of Public Security regarding the reception, management and use of the results shall be provided.

11. In addition to clauses 1 to 10 of this Article, ministries, ministerial authorities and province-level People’s Committees shall provide detailed regulations on forms for each type of science, technology and innovation task within their state management scope (if necessary).

Article 12. Procedures for being considered for donation, commission, and appraisal of funding for science, technology and innovation tasks

1. Submission of dossiers:

Organizations registering for donation or commission to perform science, technology and innovation tasks shall submit their dossiers as prescribed in Article 11 of this Decree to the task managing authority via online public service portal/National digital platform for management of science, technology and innovation, or in person, or via postal service.

2. Receipt and handling of dossiers

The task managing authority shall receive and review the validity of dossiers in accordance with Article 11 of this Decree:

...

...

...

b) If the dossier is invalid, the task managing authority shall notify the proposing organization within 10 days from the deadline for dossier submission as prescribed in the Announcement.

3. The consideration for donation and commission to perform science, technology and innovation tasks corresponding to each type of task shall be prescribed by the competent authority managing that type of task (if any).

4. For science and technology tasks; science, technology and innovation tasks under international cooperation; technology decoding tasks; and tasks for acquisition of technology know-how: the consideration for donation and commission shall be conducted through a council for donation and commission (hereinafter referred to as “council”) and/or the opinions of peer experts.

a) The council and peer experts are established by the task managing authority to evaluate tasks, task groups, task chains or multiple tasks. The council includes the President, Deputy President, council members and peer experts. In cases where the council operates on a term basis, the council does not include peer experts. Peer experts for the term-based council are nominated by the council.

b) Council members and peer experts shall satisfy the following conditions: ensure no conflict of interest during the dossier review process; possess qualifications or experience in the relevant professional field; not be subject to penalties for administrative violations in the field of science and technology which has been imposed before the period of being considered that such action is not enforced yet expires, nor be under criminal investigation or prosecution, nor have been convicted without having the conviction expunged;

c) Duties and responsibilities of council members and peer experts: analyze and evaluate honestly, objectively and fairly the content and information declared in the dossier; provide comments and evaluations of the dossier according to the prescribed form and justify their evaluations; assess the appropriateness of the content presented in the proposal and the proposed budget; evaluate the capacity of the proposing organization, individuals registering as the head and the research members; consider the feasibility of lump-sum funding (if proposed); propose a prioritized list of donation and commission; take personal responsibility for their own evaluation results and collective responsibility for the council’s overall conclusions; maintain confidentiality of all related information during the evaluation process of donation and commission dossiers;

d) Council members shall not disclose information or use dossier contents beyond the scope of evaluation. Members shall not participate in evaluating tasks for which their authority applies for taking charge. The professional evaluation shall be conducted independently and may apply closed peer review, open peer review or a combination of both depending on the type of task.

dd) The council’s evaluation meeting minutes that are compiled from the opinions of peer experts and council members shall clearly state the conclusion regarding the recommendation on funding for the task, the reasons and any required revisions (if any);

e) Based on the council meeting minutes, within a maximum of 3 working days from the date of the minutes, the task managing authority shall notify the results to the proposing organization;

...

...

...

5. In addition to point c, clause 4 of this Article, for science, technology and innovation tasks under international cooperation, council members shall evaluate the value of international cooperation. The value of international cooperation is one of the grounds for prioritizing and conducting negotiations with foreign partners.

6. In addition to point c, clause 3 of this Article, for technology decoding tasks and tasks for acquisition of technology know-how, council members shall evaluate the criteria prescribed in Article 9 of this Decree.

7. Appraisal of funding for task implementation

The task managing authority is responsible for organizing the appraisal of funding for science, technology and innovation tasks through the appraisal committee with the following specific contents:

a) The composition of the appraisal committee is decided by the task managing authority and includes the head of the committee, members with expertise relevant to the content to be appraised and the secretary;

b) The appraisal committee is responsible for reviewing expense norms, the appropriateness of work content and other costs in accordance with the laws. The committee shall prepare a funding appraisal report which includes the total implementation budget, budget allocation for each expense item, fixed-funding budget, and budget that does not include the fixed funding;

c) Within a maximum of 03 working days from the issuance of the funding appraisal report, the task managing authority shall notify the results to the proposing organization. The proposing organization is responsible for completing the budget estimate and submitting it to the task managing authority via online public service portal/National digital platform for management of science, technology and innovation, or in person, or via postal service within 07 working days from the receipt of the notification.

8. In addition to clauses 2, 3, 4, 5, 6 and 7 of this Article, ministries, ministerial authorities, governmental authorities, other central authorities and province-level People’s Committees shall provide detailed regulations on the composition, number of members, working procedures, meeting minute templates of the council and the funding appraisal committee, as well as evaluation and comment forms for science, technology and innovation tasks within their state management scope (if necessary).

Article 13. Approval of science, technology and innovation tasks

...

...

...

2. The deadline for approval of task shall be 110 days from the deadline for submitting the proposal for science, technology and innovation task.

3. The task managing authority shall publicly disclose the approval results on the online public service portal/National digital platform for management of science, technology and innovation.

4. During the process of consideration for donation and commission until the contract signing for task assignment, the task managing authority shall consider adjusting the name of the proposing organization in case of changes in the name or juridical personality of the presiding organization due to merger, split or renaming as decided by the competent authority. The proposing organization is responsible for submitting proofs to the task managing authority immediately upon receiving the decision on adjustment.

Article 14. Cancellation of donation and commission results for tasks, task groups and task chains of science, technology and innovation

During the process of consideration for donation and commission until the contract signing for task assignment, the authority managing science, technology and innovation task has the right to cancel the donation and commission results in the following cases:

1. The proposing organization engages in forgery, fraud or dishonest declarations in the registration dossier.

2. The proposing organization violates requirements prescribed in clause 2, Article 5 of this Decree.

3. The proposing organization fails to comply with regulations in point e, clause 4 and point c, clause 7, Article 12 of this Decree.

4. The presiding organization fails to perform the task.

...

...

...

1. Within 10 days from the issuance of decision on approval of the implementation of the science, technology and innovation task, the task managing authority shall sign the contract for task assignment with the presiding organization.

2. The contract for task assignment includes the following information:

a) The basic information includes the signing parties; task name; implementation duration; content, progress and expected outputs; budget for implementation; contract adjustment methods; disbursement methods; inspection and supervision mechanisms; rights and obligations of the parties; responsibilities in case of contract breach; contract termination clauses; other agreements (if any); contract validity; and enforcement provisions.

b) In addition to point a of this clause, for technology decoding tasks and tasks for acquisition of technology know-how, it is necessary to include information related to the responsibility of the presiding organization in implementing the special mechanism for appointing experts and purchasing technology, technology know-how, products and equipment as prescribed in clause 9, Article 11 of this Decree;

c) In addition to point a of this clause, for tasks prescribed in points a, b and c, clause 2, Article 25 of the Law on Science, Technology and Innovation, it is necessary to include information related to the responsibility of the presiding organization for handing over the results of the implementation of science, technology and innovation tasks.

3. The deadline for signing the contract for task assignment is 120 days from the deadline for submitting the proposal for science, technology and innovation task.

For urgent tasks prescribed in point b, clause 2, Article 16 of the Law on Science, Technology and Innovation, ministries, ministerial authorities, governmental authorities, other central authorities and province-level People’s Committees shall decide on shortening the time for consideration for donation, commission and approval of tasks up to the time for signing contract.

4. From the effective date of the task assignment contract, the presiding organization shall proactively approve the detailed budget estimate and be responsible for implementation in accordance with the laws.

5. Based on the budget allocation capacity and the content of the task assignment contract, the task managing authority shall disburse the first installment of funding in accordance with applicable regulations on financial management, budgeting and contracts.

...

...

...

Article 16. Mid-term evaluation, continued funding, adjustment of task assignment contract and termination of task implementation

1. Time for evaluation

Evaluations shall be conducted at least once a year or according to the progress milestones and expected outputs as prescribed in the task assignment contract. In certain cases, based on management requirements and risk management measures, the task managing authority may conduct irregular evaluations of science, technology and innovation tasks. The evaluation results shall serve as the basis for the task managing authority to consider the following works:

a) Continuing to disburse funds for the implementation of science, technology and innovation tasks;

b) Adjusting the task assignment contract or terminating the task implementation.

2. Evaluation methods

a) The evaluation of science, technology and innovation tasks shall be conducted in person, online, or by both methods;

b) The task managing authority may establish an evaluation team consisting of representatives from the task managing authority, relevant authorities and other members to conduct the evaluation, or assign the evaluation to a specialized subordinate unit. When necessary, the task managing authority may hire an independent consulting organization or independent experts to evaluate the task.

3. Evaluating contents

...

...

...

b) The status of fund utilization and the progress of fund disbursement in accordance with the content, work and achieved results;

c) The full compliance with relevant procedures and regulations during the implementation process;

d) Difficulties, obstacles, issues arising during the implementation process, and proposed adjustments (if any);

dd) Proposals and recommendations from the presiding organization and the evaluation opinions of the task managing authority regarding the continuation, adjustment or termination of the task implementation.

4. The presiding organization shall prepare reports on progress of task implementation and the status of fund usage, other relevant documents, and submit them to the task managing authority for periodic evaluation. The results of periodic evaluation shall be recorded in minutes, confirmed by representatives of the task managing authority and the presiding organization, and serve as the legal basis for subsequent actions.

For tasks with products that can be commercialized during the pilot production phase including controlled pilot production, the achieved quantity of products and the quality level compared to the contract shall be clearly stated.

For science, technology and innovation tasks under international cooperation: a report on the status of international cooperation during the task implementation process is required.

5. Based on the periodic evaluation minutes, the task managing authority shall consider continuing to disburse funds to the presiding organization on the following grounds:

a) The implementation progress is consistent with the work content;

...

...

...

c) Relevant procedures and regulations during the implementation process are fully carried out;

d) The status of implementation of content, work and use of materials is updated in accordance with point b, clause 9 of this Article;

dd) If necessary, the managing authority may request the presiding organization to submit an additional explanatory report before the next disbursement of funds.

6. Adjustment of task assignment contract

a) The task managing authority shall consider adjusting the task assignment contract with respect to the following contents: objectives, content, final results, implementation timeline; total approved budget; intellectual property rights related to the task results; changes in the name or juridical personality of the presiding organization due to merger, split or renaming as decided by the competent authority;

b) Procedures for adjusting the task assignment contract: the presiding organization shall submit a written request for adjustment attached with relevant documents to the task managing authority. If necessary, the task managing authority shall send a written request for submission of additional proofs related to the adjustment.

The task managing authority shall review the dossier and, if necessary, consult experts, organize an advisory council, or collect written opinions from relevant parties;

c) The adjustment shall be completed within 15 days from the date on which the task managing authority receives the adjustment proposal. The adjustment shall be formalized by an amended and supplemented task assignment contract or by a decision on approval of the adjustment serving as the grounds for continuing the task implementation according to the approved adjustments;

d) For science, technology and innovation tasks under international cooperation, adjustments to the task implementation timeline or termination of the task shall be accompanied by a confirmation letter from the partner;

...

...

...

7. Termination of task implementation

a) Dossier on request for termination of task implementation:

Dossier on request for termination of task implementation: In addition to points c, d, dd, e and i, clause 2, Article 17 of this Decree, the dossier must include a report on the achieved results up to the termination request date; product report (if any); and relevant documents (if any);

b) Procedures for terminating task implementation in case the presiding organization submits a request:

The presiding organization shall prepare a dossier on request for termination of task implementation in accordance with point a of this clause attached with an official letter, and submit it to the task managing authority via the online public service portal/National digital platform for management of science, technology and innovation, or in person, or by post.

Within 03 working days from the receipt of the presiding organization’s dossier on request for termination of task implementation, the task managing authority shall send a written notification of task suspension to the presiding organization. Upon receiving the suspension notification from the task managing authority, the presiding organization shall cease all activities related to the task.

Within 15 days from the receipt of the dossier on request for termination of task implementation, the task managing authority shall evacuate the implementation results in accordance with point a, clause 1 and clause 4, Article 17 of this Decree.

The task evaluation results shall serve as the ground for the task managing authority to issue a decision on termination of the task implementation and carry out the termination of the task assignment contract in accordance with Article 19 of this Decree.

c) Procedures for terminating task implementation in case the task managing authority proactively terminates the task:

...

...

...

Upon receiving the written notification from the task managing authority, the presiding organization shall cease all activities related to the task. Within 15 days, the presiding organization shall also submit a dossier on request for termination of the task implementation in accordance with point a of this clause

Within 20 days from the receipt of the dossier on request for termination of task implementation, the task managing authority shall evaluate the implementation results in accordance with point a, clause 1 and clause 4, Article 17 of this Decree.

In case the presiding organization fails to provide the dossier as prescribed by laws, the task managing authority shall conduct the review, evaluation and conclusion based on the available documents within 20 days from the date of sending the written notification. The evaluation of implementation results shall comply with point a, clause 1 and clause 4, Article 17 of this Decree.

The task evaluation results shall serve as the ground for the task managing authority to issue a decision on termination of the task implementation and carry out the termination of the task assignment contract in accordance with Article 19 of this Decree.

8. In addition to clauses 1, 2, 3, 4, 5, 6 and 7 of this Article, ministries, ministerial authorities, governmental authorities, other central authorities and province-level People’s Committees shall provide detailed regulations on evaluation, dossier, forms and procedures for evaluation, adjustment and termination of science, technology and innovation tasks under the state management (if necessary).

9. Responsibilities of the presiding organization during task implementation

a) Submit report on task implementation results at least once a year using the prescribed form and sent to the task managing authority via the online public service portal/National digital platform for management of science, technology and innovation, or in person, or by post;

b) Update the status of implementation of content, work and material usage according to the progress at least once a month on the online public service portal/National digital platform for management of science, technology and innovation. In case of arising relevant issues, the presiding organization is responsible for submitting the report as prescribed in point a of this clause attached with recommendations;

c) Make a commitment on the accuracy, honesty, completeness and timeliness of the information, data and documents provided during the task implementation process.

...

...

...

1. Content and criteria for evaluation

a) The level of achievement of the objectives and targets in the task assignment contract; the quantity, quality and level of completion of the results compared to the commitments in the task assignment contract; the feasibility of applying, transferring or commercializing the research results into practical production for daily life or serving state management activities;

b) The output effectiveness of science, technology and innovation tasks assessed by determining the level of alignment between the achieved results and the utilized budget resources, the quantity of products, scientific value, policy advisory value, practical applicability, and contribution to innovation.

2. Evaluation dossier

The presiding organization shall prepare the evaluation dossier including the following documents:

a) A written request for evaluation including a commitment regarding the accuracy and honesty of the provided data and information;

b) A comprehensive report on the task implementation results and a product report;

c) Task logs (experiment logs, logs of materials and supplies usage), and proofs of the task implementation process;

d) Proofs of the results and products of the task (publications, training, certification/testing/inspection results, technology transfer);

...

...

...

e) Financial report and status of fund utilization for task implementation;

g) The document determining the contribution level of each member confirmed by all participating members to serve as the ground for profit sharing from the commercialization of results;

h) Output effectiveness report of the task by assessing the alignment between the achieved results and the utilized budget resources, product quantity, scientific value, practical applicability and contribution to innovation;

i) For science, technology and innovation tasks under international cooperation: the dossier and documents shall include an evaluation report from the partner regarding the process, results and prospects for future cooperation.

3. Submission of evaluation dossier

a) The final evaluation dossier must be submitted within the contract implementation period or within the extended period (if any);

b) Methods for submission: via the online public service portal/National digital platform for management of science, technology, and innovation, or in person, or by post;

c) The task managing authority is responsible for verifying the completeness and validity of the evaluation dossier within 05 working days from the date of receipt; confirming the dossier status and notifying the presiding organization in cases where the dossier is incomplete or invalid in accordance with clause 2 of this Article. The presiding organization shall supplement the dossier within 07 working days from the receipt of the notification from the task managing authority.

4. Experts and consulting organizations for evaluation

...

...

...

b) Criteria for individuals participating in the evaluation: possess professional qualifications and experience related to task evaluation; have no conflict of interest; and provide a commitment confirming no affiliation with the organizations or individuals conducting the task;

c) Tasks and responsibilities of individuals participating in the evaluation: conduct honest, objective, fair and transparent evaluations based on the quality of the dossier, the level of completion compared to objectives, output results, and the practical impact of the task relative to the task assignment contract; ensure full compliance with all relevant procedures and regulations during the implementation process; take personal responsibility for their evaluation results and collective responsibility for the expert team’s overall conclusions; not use, disclose, retain, or exploit task information or results unlawfully; maintain confidentiality of all information related to the evaluation process;

d) Individuals participating in the evaluation shall not disclose information or use the dossier content beyond the scope of the evaluation. Members shall not participate in evaluating task dossiers from the authority where they are currently employed;

dd) The evaluation results shall be recorded into an evaluation report which shall clearly state the contents and criteria prescribed in clause 1 of this Article, as well as experience (if any). The task managing authority is responsible for sending a written notification of the evaluation results and the evaluation report to the presiding organization and updating them on the online public service portal/National digital platform for management of science, technology and innovation. The notification shall be sent to the presiding organization within 45 days from the receipt of the valid final evaluation dossier.

5. In addition to clauses 1, 2, 3, 4, 5, 6 and 7 of this Article, ministries, ministerial authorities, governmental authorities, other central authorities and province-level People’s Committees shall provide detailed regulations on evaluation criteria, dossiers, forms, procedures for final evaluation and output effectiveness evaluation of science, technology and innovation tasks under the state management (if necessary).

Article 18. Evaluation of the impact of results of technology development and innovation tasks

1. Content and criteria for evaluation

a) Long-term impacts on socio-economic development, culture, education, environment, national defense and security, as well as the scientific capacity and level of the nation that are quantified by contributions to economic growth, emission reduction rates or improvements in environmental indices, the number of dual-use technologies serving national defense and security, and the increase in the international ranking of national science and technology fields;

b) Impacts on the manufacturing sector and enterprises, enhancement of technological capacity, competitiveness and sustainable development that are quantified by the number of enterprises applying research results, the number of upgraded technology lines/equipment, the percentage increase in revenue or profit of participating enterprises, and the number of products satisfying international standards;

...

...

...

d) Policy impacts, provision of scientific evidence for the issuance, amendment and improvement of laws and policies; being cited into national and local documents, resolutions and programs;

dd) In addition to clause 1 of this Article, the criteria for evaluating the impact of the results of technology development and innovation tasks shall satisfy the corresponding requirements for each type of task as prescribed by the competent authority managing that type of task (if any);

e) For tasks classified as state secrets or containing state secret content, ministries, ministerial authorities, governmental authorities, other central authorities, and province-level People’s Committees shall proactively develop and promulgate a set of efficiency evaluation criteria suitable to their respective management fields.

2. Evaluation methods

a) The evaluation of impacts of the results of technology development and innovation tasks shall be conducted in person, online, or by both;

b) The task managing authority may establish an evaluation team including representatives of the task managing authority and invite representatives of authorities related to the implementation of science, technology and innovation tasks and independent consulting experts to conduct the evaluation, or assign a specialized subordinate unit to carry out the evaluation. When necessary, the task managing authority may hire independent consulting organizations or independent consulting experts to evaluate the task.

3. Responsibilities of the presiding organization or the unit receiving the results/the unit wishing to apply the results

The presiding organization or the unit receiving the results/the unit wishing to apply the results prescribed with Article 32 of this Decree shall:

a) Update the information related to dossiers, intellectual property, application and commercialization of task results. The updating content includes registration and establishment of intellectual property rights for task products (patents, layout designs, trademarks, industrial designs, plant varieties) in accordance with intellectual property laws; reporting on the transfer and application of research results into production, business and daily life; reporting on the commercialization status of products including business models, revenue, product quantity, market scope and beneficiary groups; provision of information on contracts for technology transfer and investment cooperation; encountered difficulties and obstacles, proposed solutions and recommendations for the development and application of task results; archive, management of dossiers, and provision of information upon request of competent state management authorities;

...

...

...

c) Periodically update and report on the effectiveness of application, exploitation, commercialization and scaling-up of research results for a minimum of 05 years via the online public service portal/National Digital Platform for management of science, technology and innovation in accordance with the laws;.

d) Be responsible for the accuracy, honesty, completeness and timeliness of the information, data and documents provided and updated during the task implementation process;

dd) The information prescribed in point a of this clause shall be updated by the presiding organization on the online public service portal/National digital platform for management of science, technology and innovation at least once within 12 months from the time the task undergoes final evaluation, and shall be updated annually or immediately upon any changes.

In the event that the presiding organization fails to update the results of technology transfer and application into production, business and daily life as prescribed by laws, the task managing authority shall determine that there are no application results to serve as the ground for evaluation and consideration for funding or commission in subsequent rounds.

4. The task managing authority is responsible for monitoring, aggregating and utilizing updated data to serve the evaluation of public investment effectiveness in science, technology and innovation, while also sharing the data with the Ministry of Science and Technology as a ground for developing appropriate support and incentive policies and mechanisms.

5. The superior authority of the organization presiding the implementation of tasks related to science, technology and innovation is responsible for inspecting and supervising the presiding organization’s use of the results of tasks funded by the state budget in order to prevent loss, waste and corruption.

6. Ministries, ministerial authorities, governmental authorities, other central authorities and People’s Committees at all levels are responsible for receiving, organizing the application, evaluating the effectiveness of the application of results from science, technology, and innovation tasks commissioned by the State, and holding the rights to manage and use these results.

7. In addition to clauses 1 and 2 of this Article, ministries, ministerial authorities, governmental authorities, other central authorities and province-level People’s Committees shall provide detailed regulations on criteria, dossiers, forms and procedures for evaluating the impact of the results of technology development and innovation tasks under the state management (if necessary).

Article 19. Decision on termination of task and termination of task assignment contract

...

...

...

a) The task has been evaluated at the final stage by the expert team in accordance with Article 17 of this Decree;

b) The termination of task shall comply with clause 7, Article 16 of this Decree;

c) The task assignment contract is terminated in accordance with applicable laws or  the terms agreed upon by the parties in the contract.

2. The Decision on termination of task shall comply with the following regulations:

a) Within 30 days from the occurrence of one of the grounds prescribed in clause 1 of this Article, the task managing authority shall issue a decision to terminate the implementation of the science, technology and innovation task which serves as a legal basis for termination of the task assignment contract and implementation of subsequent procedures;

b) The main contents of the decision include the name of the task; the presiding organization; final evaluation results and effectiveness evaluation; the level of completion of the workload; the quality of scientific and technological products; the total approved budget for the task; the total budget used, remaining funds, and funds to be returned as prescribed by laws (if any); the results of the science, technology and innovation task as prescribed in the task assignment contract; responsibilities of the presiding organization in managing and using the results of the task or handing over the results to the unit receiving the results/the unit wishing to apply the results as prescribed in Article 32 of this Decree.

3. Procedures for termination of task assignment contract

a) Within 30 days from the issuance of the Decision on termination of task and the record of handover of results for the tasks prescribed in clauses 3, 4 and 5, Article 32 of this Decree, the task managing authority is responsible for verifying the valid use of funds in accordance with the achieved results and ensuring full compliance with relevant procedures and regulations during task implementation in order to finalize the financial statement and carry out the contract termination procedures with the presiding organization;

b) The content of the termination of task assignment contract includes confirmation of obligation fulfillment; financial/asset statement; the amount of funds, duration, task implementation results and information on the handover of task results (for tasks prescribed in clauses 3, 4 and 5, Article 32 of this Decree); recording remaining rights, obligations and other commitments (if any);

...

...

...

4. Ministerial authorities, governmental authorities, other central authorities and province-level People’s Committees shall provide detailed regulations on the content and forms of Decisions on termination of task, termination forms and contract termination records within their state management scope (if necessary).

Article 20. Organization, management and implementation of science, technology and innovation tasks classified as state secrets or containing state secrets

The organization, management and implementation of science, technology and innovation tasks classified as state secrets or containing state secrets shall comply with laws on protection of state secrets.

Section 2. SCIENCE, TECHNOLOGY AND INNOVATION PROGRAMS

Article 21. Development, approval and implementation of science, technology and innovation programs

1. The development of the national program for science, technology and innovation shall comply with the following principles:

a) Comply with the guidelines and policies of the CPV, laws of the State and regulations in clause 1 and 2, Article 17 of the Law on Science, Technology and Innovation;

b) Possess novelty, specific objectives, quantifiable output results and investment effectiveness; ensure feasibility in organization, implementation, supervision and evaluation.

2. Procedures for proposal, appraisal and promulgation of the national science, technology and innovation program:

...

...

...

b) The Ministry of Science and Technology shall take charge of organizing the appraisal of the national science, technology and innovation program. The appraisal content includes the urgency, objectives, content, expected results, evaluation indicators; feasibility; novelty; commercialization potential and socio-economic impact. The appraisal is conducted through an appraisal council or by collecting written opinions from relevant authorities. The appraisal council is established by the Minister of Science and Technology including representatives from related ministries, central authorities, local authorities and experts with appropriate expertise (if necessary);

c) Based on the appraisal results, the proposing authority shall complete the dossier and promulgate the national science, technology and innovation program in accordance clause 4 of this Article.

3. The appraisal dossier includes:

a) The request for appraisal from the proposing authority;

b) The program draft;

c) The description of the program including the urgency, objectives, content, expected results, evaluation indicators; feasibility; novelty; commercialization potential; and the program’s impact;

d) Other documents (if any).

4. The draft program includes the following information:

a) Name, objectives, content of the program;

...

...

...

c) The authority in charge of managing the program;

d) Program implementation duration;

dd) Estimated total budget for implementation and capital structure (state budget, counterpart capital, socialized capital);

e) International cooperation (if any);

g) Expected results, effectiveness and impact of the program.

5. After the national science, technology and innovation program is approved, ministries, ministerial authorities, governmental authorities, and other central authorities assigned to manage the program shall carry out the following tasks:

a) Organize the implementation of the program;

b) Carry out the donation, commission, approval, management, implementation and evaluation of tasks of the program in accordance with approved objectives and content as prescribed in Section 1, Chapter II of this Decree;

c) Annually report to the Ministry of Science and Technology on the status and results of the implementation of the national science, technology and innovation program for consolidation, supervision, evaluation and reporting to competent authorities.

...

...

...

Article 22. Evaluation and reporting of the results of implementation of the national science, technology and innovation program

1. The Ministries, ministerial authorities, governmental authorities and other central authorities presiding the program shall:

a) Organize periodic self-evaluation of the results and effectiveness of program implementation according to phases and/or the progress of approved objectives;

b) Fully update information, data and evaluation reports on the online public service portal/National digital platform for management of science, technology and innovation activities or the corresponding information system in accordance with regulations of the Ministry of Science and Technology.

2. The Ministry of Science and Technology shall inspect and evaluate programs in accordance with regulations in the Decree elaborating the implementation of some articles of the Law on Science, Technology and Innovation regarding information, statistics, evaluation, digital transformation and general issues.

Article 23. Science, technology and innovation programs of ministries, ministerial authorities, governmental authorities, other central authorities and province-level People's Committees

1. Based on the national, sectoral and local strategies, plans and development programs for science, technology and innovation; socio-economic development needs; assurance of national defense, security, environmental protection, international integration; capacity, resource conditions and ability to mobilize social resources, ministries, ministerial authorities, governmental authorities, other central authorities and province-level People’s Committees shall approve and implement science, technology and innovation programs suitable to their functions and tasks within their jurisdiction.

2. Requirements for programs

a) Possess novelty, specific objectives, quantifiable output results and investment effectiveness;

...

...

...

3. Ministries, ministerial authorities, governmental authorities, other central authorities and province-level People’s Committees shall provide detailed regulations on the development, implementation, evaluation and reporting of results for science, technology and innovation programs under the state management (if necessary).

Article 24. Organization, management and implementation of science, technology and innovation programs classified as state secrets or containing state secrets

The organization, management and implementation of the national science, technology and innovation program, as well as the science, technology and innovation programs of ministries, ministerial authorities, government authorities, other central authorities and province-level People's Committees containing state secrets shall not be conducted online or be updated on the national public service portal/National digital platform for management of science, technology and innovation activities. Such activities shall comply with laws on state secret protection.

Chapter III

SPECIAL SCIENCE, TECHNOLOGY AND INNOVATION TASKS; SPECIAL NATIONAL SCIENCE, TECHNOLOGY AND INNOVATION PROGRAMS

Article 25. Criteria for determination of special science, technology and innovation tasks; special national science, technology and innovation programs

Special science, technology and innovation tasks; special national science, technology and innovation programs shall satisfy one or more of the following criteria:

1. Have a large scale, strategic significance, and important impact on the socio-economic development of the country; create breakthroughs in productivity, quality, efficiency and national competitiveness.

2. Summarize the theory and practice to provide scientific arguments and explanations of new theoretical insights on the new direction to serve the development of the National development platform, the National Party Congress documents and other important documents.

...

...

...

4. Address issues that have a direct impact on national defense and security; protect national sovereignty.

5. Serve the development of strategic technologies and strategic technology products; address urgent global issues related to national interests.

6. Create a strong impact on improving national productivity, quality and competitiveness; prioritize the development of key industries and sectors.

Article 26. Procedures for development, appraisal and approval of special science, technology and innovation tasks; special national science, technology and innovation programs

1. Based on the requirements of CPV and State leadership; national and sectoral socio-economic development strategies and plans; practical needs; and the criteria prescribed in Article 25 of this Decree, ministries, ministerial authorities, governmental authorities or other central authorities (hereinafter referred to as “proposing authorities”) shall prepare dossiers on proposal of special science, technology and innovation tasks; special national science, technology and innovation programs including investment and financial mechanisms, special management mechanisms, and submit them to the Ministry of Science and Technology for appraisal.

2. Dossier on proposal includes:

a) The request for appraisal from the proposing authority;

b) The draft of the task and program;

c) The description of the task or program including the urgency, objectives, content, expected results, evaluation indicators; feasibility; novelty; commercialization potential; and the impact of the task or program;

...

...

...

3. The draft of the task or program includes the following information:

a) Name, objectives, content of the task or program;

b) Content, product requirements and evaluation criteria;

c) The authority in charge of managing the task or program;

d) Program implementation duration;

dd) Estimated total budget for implementation and capital structure (state budget, counterpart capital, socialized capital);

e) Recommend management and financial mechanism for the task or program;

g) International cooperation (if any);

k) Expected results, effectiveness and impact of the task or program.

...

...

...

5. Based on the appraisal results, the Ministry of Science and Technology shall take charge and cooperate with the proposing agency and relevant authorities in completing the dossier and submit it to the Prime Minister for consideration and approval of the special science, technology and innovation tasks; and special national science, technology and innovation programs including the following information:

a) Name, objectives, content;

b) Product requirements and evaluation criteria;

c) The authority in charge of managing the task or program;

d) Duration for implementation;

dd) Estimated total budget for implementation and capital structure;

e) Investment and financial mechanisms, special management mechanisms.

Article 27. Management, implementation, evaluation and reporting of the results of special science, technology and innovation tasks; special national science, technology and innovation programs

1. Ministries, ministerial authorities, governmental authorities, and other central authorities assigned to take charge of the implementation of special science, technology and innovation tasks; special national science, technology and innovation programs shall:

...

...

...

b) Carry out donation and commission for carrying out special science, technology and innovation tasks;

c) The consideration for donation, commission, approval, implementation and evolution of tasks, task groups and task chains prescribed in points a and b, clause 1 of this Article shall comply with Section 1, Chapter II of this Decree. If necessary, ministries, ministerial authorities, governmental authorities, and other central authorities may decide to shorten the time for consideration for donation and commission up to the time of signing the task assignment contract;

d) The implementation and evaluation of the special national science, technology and innovation program shall comply with Article 22 of this Decree;

dd)  Special science, technology and innovation tasks; special national science, technology and innovation programs shall apply special investment, financial and management mechanisms to the tasks and programs in accordance with point e, clause 5, Article 26 of this Decree.

2. In necessary cases, ministries, ministerial authorities, governmental authorities, and other central authorities assigned to take charge of the implementation of special national science, technology and innovation programs; and special science, technology and innovation tasks shall decide on the selection of a Chief designer to organize the implementation of the special national science, technology and innovation programs and special science, technology and innovation tasks in accordance with Article 29 of this Decree.

Article 28. National science, technology and innovation programs for strategic technology development; special science, technology and innovation tasks for strategic technology development

1. The national science, technology and innovation program for strategic technology development is assigned by the Prime Minister to ministries, ministerial authorities, governmental authorities, and other central authorities to take charge of the implementation based on the List of strategic technologies and strategic technology products issued by the Prime Minister.

2. The national science, technology and innovation program for strategic technology development shall satisfy the conditions for strategic technologies and strategic technology products as prescribed by laws on high technology, and also satisfy the following requirements:

a) Develop technologies and technology products listed in the List of strategic technologies and strategic technology products;

...

...

...

c) Have clear indicators regarding products, technology mastery capacity, intellectual property, revenue, human resources, commercialization potential, socio-economic impact, national defense and security;

d) Have appropriate estimated financial resources.

3. Tasks, task groups and task chains in science, technology and innovation to serve the development of strategic technologies under the national science, technology and innovation program for strategic technology development shall be closely linked together to carry out research activities to master, develop technologies and products.

4. Special mechanisms applied to the national science, technology and innovation program for strategic technology development; science, technology and innovation tasks for strategic technology development:

a) Tasks under the program are allocated contingency funds for product fabrication and testing including: contingency funds that are prepared, appraised and approved within the budget estimate of the science, technology and innovation task; expenses for changes or arising issues related to content, workload and inflation of materials and labor costs during the task implementation period;

b) The presiding organization implementing urgent and priority science, technology and innovation tasks is entitled to advance funds from legal sources to commence the task immediately after the competent authority issues approval decision.

5. Procedures for developing, promulgating and implementing the national science, technology and innovation program and tasks for strategic technology development shall comply with Articles 26 and 27 of this Decree.

6. The processes for consideration for donation, approval, implementation and evaluation of tasks, task groups and task chains in science, technology and innovation for strategic technology development shall comply with Section 1, Chapter II of this Decree. When necessary, ministries, ministerial authorities, governmental authorities and other central authorities shall decide to shorten the time for consideration for donation and commission until the signing of the task assignment contract.

7. The national science, technology and innovation program for strategic technology development; and the science, technology and innovation tasks for strategic technology development shall be subject to special investment, financial and management mechanisms as prescribed in clause 4 of this Article.

...

...

...

9. In necessary cases, ministries, ministerial authorities, governmental authorities, and other central authorities assigned to take charge of the implementation of the national science, technology and innovation program for strategic technology development; and the science, technology and innovation tasks for strategic technology development shall decide on the selection of a Chief designer to organize the implementation of the national science, technology and innovation program for strategic technology development; and the science, technology and innovation tasks for strategic technology development in accordance with Article 29 of this Decree.

Article 29. Chief designer of science, technology and innovation

The regulations on the Chief designer taking of the implementation of programs and tasks as prescribed in clause 1, Article 53 of the Law on Science, Technology and Innovation shall comply with the Government’s Decree on the selection and employment of chief designers and chief architects in national science, technology, innovation and digital transformation, as well as other relevant legislative documents.

Article 30. Management and implementation of special science, technology and innovation tasks; special national science, technology and innovation programs classified as state secrets and containing state secrets

The management and implementation of special science, technology and innovation tasks; and special national science, technology and innovation programs classified as state secrets shall not be conducted online or be updated via the online public service portal/National digital platform for management of science, technology and innovation activities. They shall be carried out in accordance with laws on state secret protection.

Chapter IV

HANDLING OF ASSETS, AND COMMERCIALIZATION OF RESULTS OF SCIENCE, TECHNOLOGY AND INNOVATION TASKS

Article 31. Handling of assets for implementation of state-funded science, technology and innovation tasks

1. The presiding organization is responsible for managing and using the equipment and assets for the proper purpose during the implementation of science, technology and innovation tasks; managing and fully archiving the asset dossiers; and is accountable for explanation at the request of competent authorities.

...

...

...

Upon completion of the task, if there are still remaining raw materials, tools and consumables that have not been used up, they shall be handled as follows::

a) In cases where the remaining raw materials, tools and consumables are acquired from state budget funds, the presiding organization is authorized to independently decide the form of management, use and disposal of these unused remaining materials, tools and consumables in accordance with the internal regulations of the presiding organization and applicable laws corresponding to the type of activities of the presiding organization;

b) In cases where the remaining raw materials, tools and consumables are acquired from the funds of organizations or individuals participating in the task, they shall comply with the agreement of the funding contributors involved in the task implementation.

3. For equipment and assets that are not prescribed in cause 1 of this Article and that are provided for the implementation of science, technology and innovation tasks funded by the state budget, they shall be subject to the following regulations

a) For equipment and assets that are acquired from funds of organizations or individuals participating in the task and handed over to the presiding organization for management and use in supporting the activities of the science, technology and innovation task, upon receipt, the presiding organization shall establish separate records for tracking during the task implementation period;

After the completion of the intended use for supporting the activities of the science, technology, and innovation task or upon the conclusion of the task implementation period, the handling of the equipment and assets shall be carried out according to the agreement of the funding contributors involved in the task implementation;

b) For equipment and assets acquired from state budget funds where the lead organization implementing the task is a state authority; a unit of the People's Armed Forces; a public service provider; an authority of the CPV; a socio-political organization; or a socio-political-professional organization (hereinafter referred to as authorities, organizations or units), the management, use and disposal of the equipment and assets shall be carried out in accordance with the following regulations:

Assets provided for the implementation of science, technology and innovation tasks, upon completion of their intended use, do not need to wait until the task ends to be recognized as assets assigned by the State to the management and use of authorities, organizations or units without the need to carry out procedures for transferring usage rights and asset handover. The accounting, management, use and disposal of such assets shall comply with laws on management and use of public assets applicable to authorities, organizations or units.

c) For equipment and assets acquired from state budget funds where the presiding organization implementing the task is not subject to regulations in point b, clause 2 of this Article, the State shall automatically assign ownership rights to the presiding organization without the need to carry out ownership transfer procedures and asset handover immediately after the assets are provided. After completing the intended use in the science, technology and innovation task, the presiding organization shall have autonomy and be fully responsible for carrying out the activities prescribed in points a, b, c and d, clause 2, Article 24 of the Law on Science, Technology and Innovation;

...

...

...

d) The presiding organization is responsible for the maintenance and repair of assets. The expenses for maintenance and repair shall be paid by the presiding organization.

4. For assets provided to implement science, technology and innovation tasks funded by the state budget and classified as specialized or special assets at units of the People's Armed Forces in accordance with laws on management and use of public assets, the Minister of National Defense and the Minister of Public Security shall promulgate regulations on the management and use of such specialized and special assets at units of the People's Armed Forces for implementation of science, technology and innovation tasks.

5. The superior body of the presiding organization implementing science, technology and innovation tasks funded by the state budget is responsible for inspecting and supervising the presiding organization in managing, using and handling equipment and assets to prevent loss, waste and corruption.

Article 32. Management rights, usage rights, and ownership rights of results of science, technology and innovation tasks funded by the state budget

1. The State shall automatically grant the presiding organization carrying out science, technology and innovation tasks, which are state authorities, units of the People's Armed Forces, public service providers, authorities of the CPV, socio-political organizations, or socio-political-professional organizations (hereinafter referred to as authorities, organizations or units), the rights to manage and use the portion of the results corresponding to the funding from the state budget without the need to carry out procedures for transferring usage rights and handing over assets. Authorities, organizations and units shall separately track information regarding the results that are not required to include them in the accounting of assets, asset values and state capital within the organization. They are not required to determine the original cost, remaining value, depreciation, or asset wear and tear. They have full autonomy to decide on plans for further research and development, application deployment, or commercialization in accordance with regulations.

2. The State automatically shall grant the presiding organization implementing science, technology and innovation tasks, which are not subject to regulations in clause 1 of this Article, ownership rights over the portion of results corresponding to funding from the state budget without the need to carry out ownership transfer procedures and asset handover. The authority, organization or unit shall separately track information regarding the results and shall not be required to include them in the accounting of assets, asset values and state capital within the organization. They are not required to determine the original cost, remaining value, depreciation or asset wear and tear. They have full autonomy to decide on plans for further research and development, application deployment, or commercialization in accordance with Article 27 of the Law on Science, Technology and Innovation.

The superior body of the presiding organization implementing science, technology and innovation tasks as prescribed in clauses 1 and 2 of this Article is responsible for organizing the inspection and supervision of the presiding organization in managing, using, applying, developing and commercializing research results to prevent loss, waste and corruption.

3. For the results of science, technology and innovation tasks in the fields of national defense and security, where the presiding organization is not an authority, unit, or enterprise under the Ministry of National Defense or the Ministry of Public Security as prescribed in point a, clause 2, Article 25 of the Law on Science, Technology and Innovation, the procedures for transferring the rights to manage, use and own the portion of task results corresponding to the portion of funding from the state budget shall be conducted as follows:

a) Within 05 working days from the time on which the science, technology and innovation task is evaluated at the final stage, the task management authority shall send a written notification to the Ministry of National Defense, the Ministry of Public Security, the superior authority of the presiding organization (if any), and the organization presiding the reception, management and use of the results of the science, technology and innovation task in the fields of national defense and security as prescribed in clause 10, Article 11 of this Decree. The notification shall include the following content: task name; name of the authority receiving the results; name of the lead organization (unit transferring the results); results; expected handover address; other contents (if any);

...

...

...

b) Within 15 days from the receipt of the written notice from the task management authority, the Ministry of National Defense and the Ministry of Public Security shall be responsible for assigning an organization or unit under their management to receive the results (hereinafter referred to as “receiving unit”); send a written notice to the superior authority of the presiding organization and the presiding organization for acknowledgment and to organize the handover;

d) The unit receiving the results of the science, technology and innovation task shall supervise, manage and use the results in accordance with clauses 1 and 2 of this Article; carry out commercialization of the results in accordance with Article 33 of this Decree and any specific regulations of the Ministry of National Defense and the Ministry of Public Security (if any).

4. For the results of science, technology and innovation tasks where the presiding organization is a foreign-invested entity (an organization with foreign juridical personality, an organization with foreign investors holding over 50% of charter capital or capital contribution) or an organization with its headquarters located abroad as prescribed in point b, clause 2, Article 25 of the Law on Science, Technology and Innovation, the procedures for transferring the rights to manage, use and own the portion of task results corresponding to the portion of funding from the state budget shall be carried out as follows:

a) Within 10 days from the date the science, technology and innovation task is at the final stage, ministries, ministerial authorities, governmental authorities, other central authorities and province-level People's Committees shall assign an organization or unit under their management to receive the results (hereinafter referred to as “receiving unit”); notify in writing the superior authority of the presiding organization (if any) and the presiding organization for acknowledgment and handover;

b) Within 15 days from the receipt of the written notice from ministries, ministerial authorities, governmental authorities, other central authorities or province-level People's Committees, the presiding organization shall organize the handover of the results. The handover shall be recorded in a report containing the following main contents: the transferring party which is the presiding organization implementing the task; the receiving party which is the unit receiving the results as prescribed in point a of this clause; representative of the superior body of the presiding organization; representative of the task management authority (in cases where the receiving unit is not the task management authority); time of handover; address of handover; related documents regarding the handed-over results (task assignment contract, final evaluation report of the task, and other related documents regarding the handover results, if any); other contents (if any);

c) The unit receiving the results of the science, technology and innovation task shall supervise, manage and use the results in accordance with clauses 1 and 2 of this Article; carry out commercialization of the results in accordance with Article 33 of this Decree and any specific regulations of such unit (if any).

d) Every 02 years, ministries, ministerial authorities, governmental authorities, other central authorities and People’s Committees at all levels are responsible for organizing inspections and evaluations of the management, use and commercialization of the research results of assigned tasks in accordance with point a of this clause.

5. For the results of science, technology and innovation tasks commissioned by the State as prescribed in point c, clause 2, Article 25 of the Law on Science, Technology and Innovation, the commission authority is responsible for receiving and independently deciding on the organization, exploitation, application and use of the results in accordance with the purpose of the task order. The procedures for transferring the rights to manage, use and own the portion of task results corresponding to the portion of funding from the state budget shall be carried out as follows:

a) Within 05 working days from the time on which the science, technology and innovation task is at the final stage, the task management authority shall send a written notification to the commission authority, the superior authority of the presiding organization (if any) and the organization presiding the reception, management and use of the results of the science, technology and innovation task as prescribed in point b, clause 3, Article 10 of this Decree. The notification shall include the following content: task name; name of the commission authority (unit receiving the results); name of the presiding organization (unit transferring the results); results handed over; expected handover address; other contents (if any);

...

...

...

c) Within 15 days from the receipt of the written notice from the commission authority, the presiding organization shall organize the handover of the results. The handover shall be recorded in a report containing the following main contents: the transferring party which is the presiding organization implementing the task; the receiving party is the unit receiving the results as prescribed in point b of this clause; representative of the superior authority of the presiding organization; representative of the task management authority (in cases where the receiving unit is not the task management authority); time of handover; address of handover; results and list of assets that are the outcomes of handed-over science, technology and innovation task; related documents regarding the handed-over results (task assignment contract, final evaluation report of the task and other relevant documents regarding the handover results, if any); other contents (if any);

d) The unit receiving the results of the science, technology and innovation task shall supervise, manage and use the results in accordance with clauses 1 and 2 of this Article; carry out commercialization of the results in accordance with Article 33 of this Decree and any specific regulations of such unit (if any).

6. Authorities, organizations and units assigned the rights to manage, use, and own the results of science, technology, and innovation tasks as prescribed in clauses 1, 2, 3, 4 and 5 of this Article have the right to register for intellectual property protection in accordance with intellectual property laws.

7. The State’s permission for other organizations or individuals to use the results of science, technology and innovation tasks funded by the state budget as prescribed in point a, clause 5, Article 25 of the Law on Science, Technology and Innovation shall be carried out as follows:

a) In cases where the management, usage and ownership rights of results of science, technology and innovation tasks have already been assigned as prescribed in clauses 1, 2 and 4 of this Article, based on demand and practical circumstances, ministries, ministerial authorities, governmental authorities, other central authorities and province-level People's Committees shall decide or delegate the task management authority under their management to decide on permitting one or more other organizations or individuals to use the task results approved by the task management authority for the purpose of applying the results. A written notification shall be sent to the superior authority of the presiding organization (if any) and to the organizations or individuals that are assigned to manage, use and own the rights of the results to cooperate in providing information about the research results to other permitted organizations or individuals;

The permission decision shall include information regarding the task results; task name; organizations or individuals permitted to use the results; duration of the permission; responsibilities and obligations of the organizations or individuals assigned the rights to manage, use and own the results, as well as those of the other organizations or individuals permitted to use the results; and other relevant information (if necessary);

a) In cases where the management, usage and ownership rights of results of science, technology and innovation tasks have already been assigned as prescribed in clauses 1, 2 and 4 of this Article, based on demand and practical circumstances, ministries, ministerial authorities, governmental authorities, other central authorities and province-level People's Committees shall decide or delegate the task management authority under their management to decide on permitting one or more other organizations or individuals to use the task results approved by the task management authority for the purpose of applying the results. A written notification shall be sent to the superior authority of the presiding organization (if any) and to the organizations or individuals that are assigned to manage, use and own the rights of the results to cooperate in providing information about the research results to other permitted organizations or individuals; The permission decision shall comply with point a of this clause;

c) In cases where the management and usage rights of results of science, technology and innovation tasks have been assigned as prescribed in point a, clause 5, Article 25 of the Law on Science, Technology and Innovation, based on the demand and practical circumstances, the commission authority shall decide or delegate the task management authority under its management to decide on permitting one or more other organizations or individuals to use the results of the science, technology and innovation task for application. The permission decision shall include the contents prescribed in point a of this clause.

8. The State’s permission for other organizations or individuals to use the results of science, technology and innovation tasks funded by the state budget as prescribed in point a, clause 5, Article 25 of the Law on Science, Technology and Innovation shall be carried out as follows:

...

...

...

b) Within 30 days from the receipt of the written request from the unit wishing to apply the results, the task management authority shall consider the report on the application status of the task results submitted by the presiding organization via the online public service portal/National digital platform for management of science, technology and innovation attached to the documents prescribed in point a of this clause to decide on granting permission for the organization or individual to develop and apply the task results;

If necessary, the task management authority may establish a council or a team of experts to evaluate the application capability of the unit wishing to apply the results for advisory support before making a decision. The number of members and the composition of the council or team of experts shall be decided by the task management authority. It is mandatory to include at least two members who have previously participated in the council for donation and commission of task;

c) Upon being assigned the results of a science, technology and innovation task, the unit requesting to apply the results shall supervise, manage and use the results in accordance with clauses 1 and 2 of this Article; and carry out commercialization of the results in accordance with Article 33 of this Decree.

Article 33. Commercialization of the results of science, technology and innovation tasks funded by the state budget of which management and usage rights is assigned to authorities, organizations and units

1. Authorities, organizations and units assigned the rights to manage and use the results of science, technology and innovation tasks as prescribed in Article 32 of this Decree shall have autonomy and full discretion to choose one or multiple forms of commercialization as prescribed in clause 2, Article 27 of the Law on Science, Technology and Innovation. They shall also independently decide on implementation plans, pricing and profit distribution arising from the commercialization of the results in accordance with the chosen commercialization form. Regulations on the commercialization shall be included in the management and use regulations of public assets of the authority, organization, or unit, or by the specific regulations of the respective agency, organization or unit. These authorities, organizations and units are responsible for maintaining records and documents related to the commercialization to ensure accountability to competent authorities upon request; ensuring full compliance with state obligations as prescribed by laws; and carrying out profit distribution in accordance with clause 3, Article 28 of the Law on Science, Technology and Innovation.

2. Specific regulations corresponding to the forms of leasing, licensing, sale, transfer; cooperation, joint venture, linkage and establishment of enterprise shall comply with clauses 3, 4 and 5 of this Article.

3. For commercialization in the forms of leasing, licensing, sale or transfer, a contract shall be made including the following basic contents: duration of implementation; rights and obligations of the parties involved in the leasing, licensing, sale or transfer; and the price for leasing, licensing, sale or transfer.

Authorities, organizations and units shall fully supervise all commercialization contracts as prescribed in this clause, separately account for the revenues generated from the contracts, and perform accounting in accordance with laws on accounting.

4. For commercialization in the form of cooperation, joint venture or partnership, a contract shall be made including the following basic contents: duration of implementation; rights and obligations of the parties involved in the cooperation, joint venture or partnership; the cooperation, joint venture or partnership plan; specific profit-sharing agreements between the parties; and other necessary agreements related to the cooperation, joint venture or partnership.

...

...

...

Authorities, organizations and units shall fully supervise all commercialization contracts as prescribed in this clause, separately account for the revenues received from profit-sharing under the contracts, and perform full accounting in accordance with accounting laws.

5. For commercialization in the form of establishing a startup based on research results, the authority, organization or unit shall have full autonomy to establish the enterprise, appoint the management personnel, set up the operational structure, and implement profit-sharing mechanisms with the superior authority in accordance with the organization’s internal management regulations or agreements.

6. Authorities, organizations and units assigned the rights to manage and use the results shall be responsible for ensuring full compliance with all obligations to the State when conducting commercialization activities in accordance with the laws.

The superior authorities of authorities, organizations and units (if any) prescribed in clauses 1, 2, 3, 4 and 5 of this Article shall be responsible for independently organizing inspections and supervision of the commercialization of research results to prevent loss, waste and corruption.

Article 34. Distribution of profits from commercializing results of scientific research, technological development and innovation

1. The distribution of profits from commercializing results of scientific research, technological development and innovation shall ensure transparency, openness and compliance with laws on science, technology, innovation, intellectual property, finance and other relevant laws, as well as agreements between the involved parties. For the results of science, technology and innovation tasks funded by the state budget, the distribution of profits from the commercialization of these results shall be conducted in accordance with clause 3, Article 28 of the Law on Science, Technology and Innovation.

2. Intermediary or brokerage organizations shall receive a minimum of 10% of the profits obtained from the commercialization of scientific research, technology development and innovation results based on the value of the commercialization contract. In cases where the parties have an agreement, the terms of the agreement shall prevail.

3. The distribution of profits as rewards to authors in cases of co-authorship shall comply with the agreement among the co-authors.

Chapter V

...

...

...

Article 35. Risks leading to losses for the State that are accepted in scientific research, technology development and innovation activities

Risks leading to losses for the State that are accepted in scientific research, technology development and innovation activities are unforeseen risks arising from the nature of the research issue although organizations and individuals have fully complied with procedures, regulations, safety standards and not committed any fraudulent acts or intentional violations of the laws.

Accepted types of risks include:

1. Risks caused by unexpected impacts, side effects or indirect consequences arising from the novelty and complexity of scientific research, technology development and innovation issues.

2. Safety risks causing accidents, incidents or the uncontrolled release of hazardous agents, toxic substances or genetically modified organisms into the environment although all safety procedures and regulations have been carried out.

3. Risks related to conflicts of interest arising from unforeseen impacts that lead to disputes or legal conflicts between entities involved in scientific research, technology development and innovation activities, and other relevant parties.

4. Risks related to psychosocial impacts causing public concern and generating unexpected societal reactions to new discoveries, new technologies, products or services that are results of scientific research, technology development and innovation activities.

Article 36. Risks leading to failure in achieving the objectives that are accepted in the implementation of science, technology and innovation tasks funded by the State budget

Risks leading to failure in achieving the objectives which are accepted in the implementation of science, technology and innovation tasks funded by the State budget are unforeseen risks arising from the nature of the research problem, external environment factors or occurring during the implementation process although the task-performing organization have fully complied with task management regulations, implementation procedures, research content and risk prevention measures.

...

...

...

1. Risks arising from the nature of the research, development and innovation issue:

a) Scientific risk is the failure to prove a hypothesis or deviation from the expected outcome;

b) Technological risk is when the proposed technology does not meet the required operating principles, is unstable, or fails to produce the desired effectiveness;

c) Innovation risk is when a new idea is unprecedented making it difficult to predict its feasibility or practical value;

d) Performance risk is when the research, development and innovation processes are properly followed but the results fail to generate practical application value.

2. Risks from the external environment due to:

a) Changes in policies, laws and state management mechanisms;

b) Economic fluctuations, changes in social needs and markets;

c) Natural disasters, epidemics, geopolitical conflicts and other force majeure events.

...

...

...

a) Technical risks due to equipment, methods or data that does not satisfy the requirements;

b) Resource risks due to shortages or delays in finances, human resources or infrastructure;

c) Cooperation risks due to lack of coordination, conflicts of interest, limited data sharing or loss of trust among parties;

d) Market and commercialization risks due to products that are not accepted by the market, difficulties in intellectual property protection or failure to attract further investment.

Article 37. Risk management responsibilities of organizations and individuals in scientific research, technology development and innovation

1. When developing the content of scientific research, technology development and innovation, the implementing organization is responsible for:

a) Identifying and analyzing the types of risks that may arise from the nature of the scientific research, technology development and innovation issues, as well as during the implementation process;

b) Assessing the impact level of risks on people, assets, environment, society and the organization’s operations;

c) Propose measures for managing, controlling, responding and mitigating the consequences of risks;

...

...

...

2. During the implementation process, the implementing organizations and individuals are responsible for:

a) Fully implement the proposed risk management measures;

b) Establish supervision, warning and timely response mechanisms when signs of risk appear;

c) Ensure safety for people, assets and the environment; comply with laws and ethical research standards;

d) When serious risks arise or show signs of emerging, emergency response measures shall be immediately activated, reported to the competent state management authority for cooperation in handling and mitigating consequences, as well as implementing preventive measures to limit recurrence.

3. In addition to clause 2 of this Article, ministries, ministerial authorities, governmental authorities, other central authorities, and province-level People's Committees shall promulgate additional regulations on risk management for scientific research, technology development and innovation within their jurisdiction (if necessary).

Article 38. Risk management responsibilities of the presiding organization in the implementation of science, technology and innovation tasks funded by the State budget

In addition to the responsibilities prescribed in Article 37 of this Decree, the presiding organization also bear the following responsibilities:

1. When developing the task, the potential risk level that may lead to failure in achieving objectives and results shall be evaluated. Appropriate management, control and adjustment measures shall be proposed to prevent possible risks.

...

...

...

3. Ensure the transparency and accountability for the consequences of arising risks and applied risk prevention measures.

Article 39. Risk management in the evaluation of funding and commissioning of science, technology and innovation tasks funded by the State budget

1. Science, technology and innovation tasks funded by the State budget are classified according to risk levels based on the following criteria:

a) Novelty, pioneering nature, uncertainty of knowledge and technology;

b) Degree of certainty of the scientific basis and technical complexity;

c) Verifiability and predictability of output results;

d) Implementation requirements and resources;

dd) Potential impact, scope of application and level of financial dependence;

e) Degree of dependence on the market, society and relevant legal framework.

...

...

...

3. The task management authority shall use the classification prescribed in clauses 1 and 2 of this Article to establish budget ceilings and additional criteria for consideration for donation and commission of science, technology and innovation tasks.

Chapter VI

SUPPORT FOR ENHANCEMENT OF SCIENTIFIC AND TECHNOLOGICAL POTENTIAL AND CAPACITY

Article 40. Utilization of shared facilities, technical infrastructure and equipment to support scientific research, technology development and innovation

1. Shared facilities, technical infrastructure and equipment include:

a) Specialized libraries, specialized museums;

b) Laboratories;

c) Research centers;

d) Testing centers;

...

...

...

2. Organizations invested, constructed, assigned management and usage of shared facilities and infrastructure by the State include:

a) Public science and technology organizations;

b) Public service providers.

3. Organizations assigned by the State to manage shared facilities, technical infrastructure and equipment have the responsibility to:

a) Publicly disclose the list of equipment, materials and organizations using them on the online public service portal/National digital platform for management of science, technology and innovation;

b) The organization managing the shared facilities, technical infrastructure and equipment prescribed in clause 1 of this Article may collect service fees based on actual costs including maintenance, repair, operation and depreciation in accordance with publicly announced economic-technical norms.

4. The provision of services prescribed in clauses 1, 2 and 3 of this Article shall be carried out in accordance with regulations on provision of public services as prescribed by the Government.

5. In cases where enterprises cooperate with public service providers to invest in building laboratories, shared facilities, technical infrastructure and equipment for strategic technology development, the implementation shall follow the Government’s regulations on mechanisms and policies for public-private partnership in the fields of science, technology, innovation development and digital transformation.

Article 41. Contributions to joint research funds with the nation and international organizations

...

...

...

2. Contributions may be made in cash, in-kind or shared facilities and technical infrastructure; by research results, inventions, or technological know-how owned by the State; or by appointing experts, scientists and technical staff to participate in management, administration or implementation of research tasks according to the fund’s regulations.

3. Authorities and organizations contributing to the common research fund shall decide the amount, method and deadline for their contributions in accordance with the assigned budget estimates and relevant laws..

4. Procedures

a) Authorities and organizations making contributions shall prepare a proposal dossier for participation in the fund including the objectives, cooperation content, principles for resource allocation, mechanisms for sharing research results and commitments of the involved parties;

b) The review, approval, signing and participation in the fund management mechanism shall be carried out according to the authority of the contributing authority or organization;

c) Authorities and organizations making contributions are responsible for organizing the transfer of funds, assets or contributed resources in accordance with regulations and for supervising the implementation.

5. Supervision, evaluation and report

a) Authorities and organizations making contributions are responsible for supervising the use of their contributions in accordance with objectives, effectiveness, international treaties and agreements;

b) Annually or upon request, the contributing authority or organization shall report to the competent authority on the implementation status and effectiveness of their contributions;

...

...

...

Article 42. Support for enhancement of science and technology capacity

1. Support for enhancement of science and technology capacity is implemented through the NAFOSTED for enhancement of science and technology capacity is also implemented through funds for development of science, technology and innovation of ministries, ministerial authorities, governmental authorities, other central authorities and province-level People's Committees. Types of support include:

a) Organizing scientific conferences in Vietnam;

b) Developing scientific journals;

c) Organizing activities involving initiatives, solutions for technical improvement or production rationalization;

d) Organizing communication and knowledge dissemination activities related to science, technology and innovation;

dd) Organizing short-term internships and research abroad;

e) Organizing postdoctoral researcher activities;

g) Organizing research activities of doctoral candidates in doctoral training programs and master's students in master's training programs;

...

...

...

i) Inviting outstanding foreign scientists to Vietnam for short-term academic exchanges;

k) Attending and presenting research results at international scientific conferences and seminars;

l) Publishing domestic and international science and technology works;

m) Support for talented young scientists and talented young engineers;

n) Implement other policies as prescribed by the Government.

2. Ministries, ministerial authorities, governmental authorities, other central authorities and province-level People's Committees shall elaborate the criteria, forms and procedures for supporting activities to enhance science and technology capacity as prescribed in Articles 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53 and 54 of this Decree within jurisdiction (if any).

3. Based on the plan, the NAFOSTED, funds for science, technology and innovation development of ministries, ministerial authorities, governmental authorities, other central authorities and province-level People's Committees are responsible for announcing and inviting the submission of applications for support for enhancement of science and technology capacity.

4. State authorities, organizations, enterprises and individuals receiving support for enhancement of capacity are responsible for providing information to serve state management of science, technology, and innovation via the online public service portal/National digital platform for management of science, technology and innovation.

5. The support funds prescribed in this Article shall be used for the correct purpose and beneficiaries ensuring efficiency, transparency and openness; shall not overlap with other grants or supports from the state budget. In cases of misuse, duplication, or loss of funds, the organization or individual shall repay the amount received and bear responsibility in accordance with the laws.

...

...

...

1. Support for organizing scientific conferences in Vietnam aims to promote academic exchange and the sharing of scientific knowledge, strengthen scientific cooperation and networking, and enhance the position and image of Vietnam’s science. The support includes the following contents:

a) Costs for renting venues, meeting rooms, conference halls and technical equipment;

b) Costs for accommodation, daily meals and travel expenses (airfare and transportation within Vietnam) for invited foreign scientists attending and presenting at the conference;

c) Accommodation and travel expenses for the Organizing Committee.

2. Requirements for support include:

a) Be organized by reputable organizations in the field;

b) Be relevant to the field of activity of the organizing unit.

3. Criteria for support:

a) Conference quality;

...

...

...

c) Budget estimates shall comply with applicable regulations.

Article 44. Support for developing scientific journals

1. Support for the development of scientific journals to enhance academic quality, standardize editing and peer-review procedures, strengthen international integration capacity, and improve the standing of domestic scientific journals. The support includes the following contents:

a) Funds for hiring foreign experts to provide consultancy on journal publishing;

b) Publication fees within 02 years to enable reputable international publishers to publish the journal;

c) Funds for hiring English editors within 02 years.

2. Requirements for support:

a) Be a specialized scientific journal of Vietnam;

b) Have procedures for receiving, reviewing and publishing articles.

...

...

...

a) The feasibility of the plan to improve the journal's quality (objectives, content, approach) based on the current quality of the journal;

b) Budget estimates shall comply with applicable regulations.

Article 45. Support for initiatives, solutions for technical improvement or production rationalization activities

1. Support for initiatives, solutions for technical improvement or production rationalization activities aims at encouraging practical innovation, enhancing production and management efficiency, and contributing to productivity, quality and socio-economic effectiveness. The support includes the following contents:

a) Costs for hiring technical services, testing, analysis and evaluation of solution effectiveness;

b) Fees for inspection and certification of product and process quality after implementation;

c) Costs for building databases and registering the recognition of initiatives with competent authorities.

2. Requirements for support:

a) Possess novelty within the scope of the unit;

...

...

...

c) The solution does not violate public order or social ethics;

d) The solution is not subject to intellectual property protection as prescribed by laws at the time of the consideration for recognition of the initiative.

3. Criteria for support:

a) Novelty and creativity of the initiative or solution;

b) Feasibility in implementation and practical application;

c) Economic, technical efficiency or social impact when applying the initiative or solution;

d) Budget estimates shall comply with applicable regulations.

Article 46. Support for communication and knowledge dissemination activities related to science, technology and innovation

1. Support for communication and knowledge dissemination activities related to science, technology and innovation aims at promoting the spread of scientific knowledge, raising community awareness, encouraging technology adoption and creating a foundation for the development of the digital society and knowledge economy. The support includes:

...

...

...

b) Expenses for organizing communication and knowledge dissemination events;

c) Expenses for mass media communication and digital communication.

2. Requirements for support:

a) Communication and knowledge dissemination activities related to science, technology and innovation proposed by science and technology organizations, educational institutions, press and media agencies, enterprises and socio-political organizations;

b) Have a specific activity plan with clear objectives for raising community awareness, spreading knowledge and promoting the application of science, technology and innovation;

c) Have a unit cooperating in the implementation of the proposed communication and knowledge dissemination activities related to science, technology and innovation.

3. Criteria for support:

a) The objectives of communication and knowledge dissemination activities related to science, technology and innovation shall be practical and serve the community, enterprises, students, researchers or policymakers;

b) Communication content shall be in accordance with the development orientations of science, technology and innovation at the national, sectoral and local levels;

...

...

...

d) The potential to disseminate, scale up the model or sustain communication activities in the future;

dd) Budget estimates shall comply with applicable regulations.

Article 47. Support for short-term internships and research abroad

1. Support for short-term internships and research abroad aims to provide opportunities for scientists, especially young scientists, to access modern international research environments, learn advanced methodologies and expand international collaboration in scientific research. The support includes:

a) Support for individual scientists undertaking short-term research internships abroad for no more than 06 months with living expenses;

b) Health insurance expenses during the period abroad for research internships;

c) Travel expenses (economy class airfare or other transportation; vehicle rental from airport, train station, bus station or border gate to the accommodation at the host country and vice versa) from Vietnam to the host research institution and back (both the outbound trip to the research institution and the return trip after completing the internship back to Vietnam).

2. Requirements for support:

a) The candidate is invited for a short-term internship or research by a foreign university or research institute (foreign partner organization) or by a foreign scientist who leads a research unit (foreign partner scientist) at a foreign university or research institute;

...

...

...

c) The implementation of the short-term internship or research content cannot be carried out under domestic conditions;

d) The interval between two consecutive support periods for a scientist going on short-term internships or research collaborations abroad shall be no less than 24 months (counted from the start date of the internship or collaborative research). For talented young scientists and talented young engineers, the interval between two consecutive support periods shall be no less than 12 months.

3. Criteria for support:

a) Quality of the research proposal;

b) Research achievements of the scientist requesting support;

c) Achievements and reputation of the foreign partner; the relevance of expertise, infrastructure conditions and scientific achievements of the foreign partner;

d) Budget estimates shall comply with applicable regulations.

Article 48. Support for postdoctoral researcher activities

1. Support for the research activities of postdoctoral researchers aims to nurture and develop a new generation of young scientists, provide conditions to accumulate independent research experience over the following two years. The support includes funding for postdoctoral researchers to lead science, technology and innovation tasks at the institutional level through Vietnamese science and technology authorities or organizations that serve as the host units for postdoctoral research.

...

...

...

2. Requirements for support:

The candidate shall simultaneously satisfy the following requirements:

a) Hold a doctoral degree within 05 years prior to the application submission date;

b) Be sponsored by a domestic scientist to conduct postdoctoral research;

c) Be accepted by a Vietnamese science and technology organization as the host unit for postdoctoral research. The host unit for postdoctoral research shall have sufficient infrastructure, materials and relevant requirements to carry out the research, agree to accept the postdoctoral researcher, agree to support and facilitate the implementation of the research.

3. Criteria for support:

a) Research achievements and experience of the postdoctoral researcher;

b) The relevance of expertise and infrastructure conditions of the host unit for postdoctoral research;

c) Quality of the scientific research and technology development proposal.

...

...

...

1. Support for the research activities of doctoral candidates and master's students aims to improve the quality of postgraduate training, strengthen the linkage between training and research, and help doctoral candidates and master's students become familiar with an international standardized academic environment during their training period. The support includes funding for doctoral candidates and master's students to participate in the implementation of foundation science, technology and innovation tasks through Vietnamese educational and training institutions.

Funding is granted as a lump-sum allocation from the funds prescribed in clause 1, Article 42 of this Decree to educational and training institutions according to the approved research proposal. These institutions are responsible for approving, managing and organizing the implementation of foundation science, technology and innovation tasks of which main content is outlined in the research proposal of the doctoral candidate or master's student. The maximum duration for implementing the task is 03 years for doctoral candidates and 02 years for master's students.

2. Requirements for support:

a) Doctoral candidates in the doctoral training program;

b) Students in the master's training program.

3. Purposes for evaluation:

a) Quality of the research proposal of doctoral candidates and master's students;

b) Candidate’s capability including academic results, research achievements and experience, scientific publications/intellectual property-protected research results (if any);

c) The capability of the supervisor, infrastructure conditions, laboratories and information technology facilities of the training institution where the research is conducted;

...

...

...

1. Support for research activities of outstanding scientists with remarkable achievements in scientific research and technology development aims to enable scientists to conduct research activities, train high-quality human resources, maintain strong research groups and contribute to elevating the scientific standing of Vietnam over the next 05 years. The support includes funding for scientists who lead the implementation of foundation science, technology and innovation tasks through the authorities or organizations where the scientists are currently working.

Funding is provided as a lump-sum allocation from the funds prescribed in clause 1, Article 42 of this Decree to the authority or organization according to the approved proposal. This authority or organization is responsible for approving, managing and organizing the implementation of foundation science, technology and innovation tasks led by the outstanding scientist.

2. Requirements for support:

a) Be an outstanding scientist with remarkable achievements in scientific research and technology development;<0

b) Have scientific publications, patents or utility solutions within 03 years prior to the date of consideration for support;

b) Currently working at organizations engaging in the fields of science, technology and innovation in Vietnam.

3. Criteria for support:

a) Achievements of the candidate in the past 3 years;

b) Quality of the scientific research and technology development proposal;

...

...

...

Article 51. Support for inviting outstanding foreign scientists to Vietnam for short-term academic exchanges

1. Support for outstanding foreign scientists to visit Vietnam for short-term academic exchange aims at enhancing academic interaction, creating bridges for international cooperation and inspiring the domestic scientific community. The support includes the following contents:

a) Round-trip airfare from abroad to Vietnam;

b) Accommodation expenses in Vietnam for no more than 03 months;

c) Daily meal allowance;

d) Travel expenses in Vietnam;

dd) Translation expenses for academic exchange.

2. Requirements for support:

a) Be a foreign scientist with outstanding research achievements;

...

...

...

c) Have an organization in Vietnam committed to receiving, supporting and coordinating the implementation of academic exchange activities.

3. Criteria for support:

a) The feasibility and scientific or practical application value of the academic exchange plan;

b) The suitability of the functions, tasks and research facilities of the host organization in Vietnam with the research capacity and expertise of the foreign scientist;

c) Explanation of the extent of the foreign scientist’s contribution to the research, cooperation and training activities of the host organization in Vietnam;

d) Budget estimates shall comply with applicable regulations.

Article 52. Support for attending and presenting research results at international scientific conferences and seminars

1. Support for attending and presenting research results at international scientific conferences and seminars aims to help domestic scientists, especially young researchers, publish their findings, expand cooperation networks and affirm Vietnam’s scientific standing. The support includes:

a) Travel expenses for attending conferences and seminars (no more than 07 days including travel and transit time as prescribed by laws);

...

...

...

c) Accommodation, meals and incidental expenses;

d) Health care insurance;

dd) Conference and seminar participation fees.

2. Requirements for support:

a) Domestic scientists with accepted scientific reports to present at international scientific conferences and seminars;

b) The content of the international scientific conference or seminar is relevant to the domestic scientist’s field of expertise.

3. Criteria for support:

a) The quality and prestige of the conference or seminar;

b) Research achievements of the domestic scientist;

...

...

...

d) The interval between two consecutive supports for a scientist attending international scientific conferences or seminars shall be no less than 12 months from the opening dates of the conferences or seminars.

Article 53. Support for publishing domestic and international science and technology works

1. Support for publishing domestic and international science and technology works aims to encourage the publication of scientific and technological research in high-quality specialized scientific journals in order to enhance Vietnam’s scientific publication index. The support includes:

a) Publication fees for research results;

b) In cases where the publication of research results is carried out by individual scientists who are not funded by the State budget, in addition to the publication fees prescribed in point a of this clause, the individual scientist will receive additional support for the scientific labor involved in completing the research results and preparing the manuscript for journal submission.

2. Requirements for support:

a) Science and technology works are research results led and conducted by domestic scientists in Vietnam;

b) Works that have been published in domestic or international scientific journals;

c) The applicant for support is the primary author.

...

...

...

a) The quality and significance of the science and technology work;

b) The reputation and quality of the publishing journal.

Article 54. Support for talented young scientists and talented young engineers

1. Support for talented young scientists and engineers with the potential to promote creativity aims to improve the quality and efficiency of research and initially form research groups within the next 03 years. The support consists of funding for talented young scientists and engineers to carry out foundation science, technology and innovation tasks through authorities or organizations where they are currently working.

Funding is provided as a lump-sum grant from the funds prescribed in clause 1, Article 42 of this Decree to the authority or organization according to the approved proposal. This authority or organization is responsible for approving, managing and organizing the implementation of foundation science, technology and innovation tasks led by talented young scientists and engineers.

2. Requirements for consideration and support:

a) Be a talented young scientist or talented young engineer;

b) Have scientific publications, patents or utility solutions within 02 years prior to the date of consideration for support;

c) Currently working at organizations engaging in the fields of science, technology and innovation in Vietnam.

...

...

...

a) The candidate’s achievements in the past 02 years;

b) Quality of the scientific research and technology development proposal.

Chapter VII

IMPLEMENTATION CLAUSE

Article 55. Effect

1. This Decree comes into force from October 14, 2025.

2. The following legislative documents and regulations shall cease to be effective from October 01, 2025:

a) Decree No. 08/2014/ND-CP dated January 27, 2014 of the Government elaborating some articles of the Law on Science and Technology, except for clauses 1, 2, 3, 4 and 7, Article 73 of the Law on Science, Technology and Innovation; and clauses 1 and 2, Article 56 of this Decree.

a) Decree No. 70/2018/ND-CP dated May 15, 2018 of the Government on management and use of assets formed through the implementation of science and technology tasks funded by the State capital.

...

...

...

Article 56. Transitional provision

1. For proposals of science and technology tasks, and proposals for commissioning science and technology tasks that have been submitted to the competent state authorities but have not been approved or assigned for implementation by October 01, 2025, the procedures for recognition, selection, assignment and approval of science and technology tasks shall continue to be carried out in accordance with the Law on Science and Technology and its guidelines.

2. For science and technology tasks approved by competent authorities and assigned for implementation before October 01, 2025, the execution of tasks shall follow the Law on Science and Technology, Resolution No. 193/2025/QH15 and guidelines in effect at the time that the tasks were approved.

3. For science and technology tasks funded by the state budget that have been approved by competent authorities and assigned to presiding organizations for implementation before October 01, 2025 but have not been granted decision on the handling of equipment for the implementation of the science and technology tasks, and the results of such tasks in accordance with laws on management and use of public properties, the handling of equipment and the results of these science and technology tasks shall be conducted in accordance with this Decree.

Article 57. Implementation

1. Ministers; Heads of ministerial authorities; Heads of governmental authorities; Presidents of People's Committees of provinces and cities; relevant organizations and individuals are responsible for implementing this Decree.

2. The Minister of Science and Technology shall:

a) Issue the procedures for developing, appraising, promulgating, managing and organizing the implementation of the national science, technology and innovation programs; special national science, technology and innovation programs; national science, technology and innovation programs for development of strategic technologies; and relevant document templates;

b) Issue the procedures for consideration for funding, commissioning, contracting, managing, organizing the implementation, terminating, liquidating contracts and evaluating science, technology and innovation tasks including tasks under the national science, technology and innovation programs; special national science, technology and innovation programs; special science, technology and innovation tasks; national science, technology and innovation tasks for development of strategic technologies; and relevant document templates;

...

...

...

d) Issue framework regulations on the procedures for developing, appraising, promulgating, managing and organizing the implementation of science, technology and innovation programs; regulations on the procedures for consideration for funding, commissioning, contracting, managing, organizing implementation, terminating, liquidating contracts and evaluating science, technology and innovation tasks including tasks under the science, technology and innovation programs of ministries, ministerial authorities, governmental authorities, other central authorities and province-level People's Committees; and relevant document templates.

3. Depending on state management requirements, Ministries; Heads of ministerial authorities; Heads of governmental authorities; Presidents of province-level People’s Committees of provinces and cities shall issue regulations on the procedures for developing, appraising, promulgating, managing, organizing implementation and evaluating science, technology and innovation programs; as well as regulations on the procedures for consideration for funding, commissioning, contracting, managing, organizing implementation, terminating, liquidating contracts and evaluating science, technology and innovation tasks within their jurisdiction.

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




Nguyen Chi Dung