What are regulations on using property rights in loan transactions to execute the projects of science and technology in Vietnam?

What are regulations on using property rights in loan transactions to execute the projects of science and technology in Vietnam?

Pursuant to Article 11 of the Decree 76/2018/ND-CP stipulating using property rights in loan transactions in Vietnam as follows: 

1. The following rights may be put up as a security for a loan to execute the projects of science and technology, start an innovative business, develop production and business based on the R&D findings (hereinafter referred to as “R&D findings”).  

a. The ownership right and the right to use science and technology task outcomes as prescribed by the law on science and technology, the law on managing and using public properties whose value may be determined are considered as property rights.

b. The right to own or the right to use objects of intellectual property in accordance with laws on intellectual property may be valuated is considered as property right.

c. Other rights arising from science and technology task outcomes and intellectual property objects whose value may be determined are considered as property rights.  

2. Conditions and procedures for using property rights as prescribed in clause 1 of this Article as a security for loan transactions shall be implemented in accordance with the law on secured transactions, the law on management and the operation regulation of the institutional lenders.

What fields are eligible to be provided supports and incentives for enterprises that invest in material - technological facilities to serve reverse engineering in Vietnam?

Pursuant to Article 13 of the Decree 76/2018/ND-CP stipulating providing supports and incentives for enterprises that invest in material - technological facilities to serve reverse engineering and for organizations or individuals who carry out reverse engineering in Vietnam as follows: 

1. Investment in material - technical facilities for reverse engineering, including: Investment in laboratories, specimen analysis, modeling and simulation, experiment evaluation, mechanical factory, testing and modeling

2. The enterprises that carry out one of the activities specified in clause 1 of this Article shall be entitled to the following incentives and supports:

a. Receive financial supports, guarantees for loans or interest subsidies from the National Technology Innovation Fund or credit institutions.

b. Be prioritized to invest in high-tech park.

3. The organizations or individuals who carry out the reverse engineering activities shall be entitled to the following supports and incentives:

a. Receive financial supports, guarantees for loans or interest subsidies from the National Technology Innovation Fund or credit institutions.

b. Receive incentives as prescribed in the law on taxation for the machines, equipment, components, materials, specimens which are not yet created domestically with the aim to directly serve reverse engineering.

c. The products created from reverse engineering shall be encouraged to use in the investment project funded by state budget and shall be prioritized in bidding for purchase and supply of public products and services.

d. Receive training support to improve the enterprises' capacity to absorb and acquire technology.

dd. The project on reverse engineering shall be prioritized to be included in the list of science and technology tasks of the program, scheme, science and technology fund.

4. Eligible conditions for receiving supports or incentives of the organizations or individuals who carry out inverse engineering activities:

a. The technology required to perform reverse engineering shall be high technology, advanced technology and clean technology which serve the implementation of national and regional social-economic development plans and/or strategies. <0

b. The reverse engineering serving national defense and security tasks shall be carried out in accordance with the regulations on national defense and security tasks.

5. Supports for performing science and technology tasks:

a. Purchase and import specimens (products, technologies, designs, equipment and systems which are required to perform reverse engineering) for serving reverse engineering.

b. Hire professionals for carrying out counseling, searching and providing technical support and technical labor to serve reverse engineering.

c. Use laboratory system, perform measurement, experiment and evaluation of standards and technical regulations for serving reverse engineering. 

d. Other supports prescribed in the document on guiding the funding sources specified in clause 6 of this Article.

6. The funding sources for performing science and technology tasks shall be allocated from the National Technology Innovation Program, science and technology funds of enterprises, departments, ministerial agencies, governmental agencies, provincial agencies and agencies of central-affiliated cities, state budget used for science and technology and other fundings from legal sources.

7. The funding sources through science and technology tasks shall be allocated from the National Technology Innovation Program, science and technology funds of enterprises, departments, ministerial agencies, governmental agencies, provincial agencies and agencies of central-affiliated cities, state budget used for science and technology and other fundings from legal sources.

Authority, procedures and support levels of fundings allocated from legal sources shall be carried out in accordance current regulations.

Best regards!