Vietnam: Financial supports and R&D findings purchase

On May 15, 2018, the Government of Vietnam issued the Decree No. 76/2018/NĐ-CP on providing guidelines for certain articles of the Law on Technology Transfer.

According to the Decree No. 76/2018/NĐ-CP of Vietnam’s Government, financial supports and R&D findings purchase are prescribed as follows:

Providing financial supports and purchasing the R&D findings which have been self-financed or performed by the organizations or individuals

According to the Decree No. 76/2018/NĐ-CP of Vietnam’s Government, the R&D findings which have been performed, transferred and applied effectively in reality by organizations or individuals, approved by the competent authority and are significant in the economic-social development process of the country, province, national defense and security shall be considered and purchased in accordance with the regulations on procurement funded by the state budget.

The R&D findings shall be considered and supported financially by the competent authority if:

- The R&D findings are transferred and applied effectively in reality and approved by the competent authority.

- The R&D findings are transferred and applied effectively in reality within 03 years from the moment they are applied and transferred. .

- If the R&D findings are included in the list of technologies encouraged for transfer.

- The organizations or individuals requesting the support now have a plan on commercializing the R&D findings.

The supports provided for organizations or individuals who own the R&D findings shall satisfy the above-mentioned conditions under the following forms:

- Financial supports

- Support provided through performing science and technology tasks.

Supportive funding sources or purchase of R&D findings funded by state budget; programs and schemes managed by departments, sectors and localities.

Authorization and procedures for providing financial supports and purchasing R&D findings

- The organizations or individuals who request the State to provide financial supports and purchase the R&D findings shall send an application in person or by post to the competent authority (01 written application and 01 electronic application)

- Application documents for financial supports:

+ An application form, enclosed with a written explanation.

+ A document of a competent authority recognizing the R&D findings.

+ Documents specifying the R&D findings which have been applied and transferred within 03 years.

- Application documents for purchase of technologies:

+ + An application form, enclosed with a written explanation.

+ A document of a competent authority recognizing the R&D findings.

+ A recommendation document of the agencies and/or organizations on the necessary to make purchases and the plan for managing, developing and transferring the R&D findings.  

- Evaluating the application of organizations or individuals before considering the financial supports and purchasing the R&D findings:

+ The recommending application shall satisfy the conditions specified in clause 1, Article 19 of Decree No. 76/2018/NĐ-CP; the practicality of the plan on managing, developing and transferring the R&D findings.

+ The application for financial support shall satisfy the conditions specified in clause 2, Article 19 of Decree No. 76/2018/NĐ-CP.

- The procedures for consideration and evaluation:

+ Within 03 working days from the date on which the application is received, the competent authority shall send a notification of the evaluation results and a request for amendments (if any) to the applicants. If the application is deemed unsatisfied, there must be a written explanation.

+ Within 15 working days, the competent authority shall evaluate the application through the evaluation council. The evaluation council shall be comprised of 07 to 09 members, including the representatives of the managing agencies and professionals in relevant fields.

+ Within 07 working days from the date on which the evaluation result of the council is received, the competent person shall approve the application for providing support and making purchases. If the application cannot be approved, there must be a written explanation.

+ The costs for evaluating applications shall be estimated in the budget of departments, sectors and localities.

+ The R&D findings which have been approved to be purchased or supported shall be published on the website and sent to the applicants and the local agencies managing science and technology.

+ Purchases and supports:

  • The purchases of R&D findings shall be carried out in accordance with the regulations on purchase funded by the state and other relevant regulations.

  • Financial support shall be provided in accordance with the law on science and technology and other relevant programs and/or schemes.

+ The Ministry of Science and Technology promulgates the forms for completing the procedures specified above.

View more details at Decree No. 76/2018/NĐ-CP of Vietnam’s Government, effective from July 01, 2018.

-Thao Uyen-

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