Bản dịch văn bản 214/2005/QĐ-TTg
quyet-dinh-214-2005-qd-ttg
Cơ quan ban hành: Thủ tướng Chính phủ
Ngày ban hành: 2005-08-30

DECISION Approving the Scheme on the Development of a technology market THE PRIME MINISTER Pursuant to the December 25, 2001 Law on Organization of the Government; Pursuant to the Prime Minister's Decision No. 188/2002/QD-TTg of December 31, 2002, approving the Government's Program of Action for implementation of the Conclusion of the Sixth Plenum of the Communist Party of Vietnam Central Committee (the IXth Term) on science and technology; At the proposal of the Minister of Science and Technology, DECIDES: Article 1.- To approve the Scheme on the development of a technology market, with the following principal contents: I. Objectives: 1. To build and perfect essential institutions of a technology market with a sound competitive environment. 2. To promote and support enterprises to invest in renewing technology, thereby contributing to rapid and sustainable economic development. 3. To quickly increase the quantity and quality of technology trading transactions; striving for an annual average growth rate of 10% in the value of technology trading transactions in the 2006-2010 period. II. Major tasks toward 2010: 1. To formulate, and organize the implementation of, the Law on Intellectual Property, the Law on Technology Transfer and guiding documents. 2. To basically complete the switch of public scientific and technological organizations to operate under a mechanism of autonomy and self-management and the switch of state-owned applied research and technological development organizations with marketable products to operate under a business mechanism. 3. To promulgate regulations on ownership, management and commercial exploitation of intellectual property created with state funds, offering great material and spiritual benefits to organizations and individuals that have created, transferred and applied technologies with high efficiency in service of socio-economic development. 4. To perfect policies to encourage enterprises to invest in scientific research and technological development, apply and renew technologies, particularly high technologies; support enterprises to develop a system of quality management and intellectual property management. 5. To form and operate a number of centers for promotion and support technology trading and transfer at central and local levels, including two regular technology trading centers in Hanoi city and Ho Chi Minh city; a number of independent technology appraisal, evaluation, expertise and valuation centers; a number of technology nursery and scientific and technological enterprise nursery centers in regions where many training and research institutions are based, and in hi-tech parks. At the same time, to accelerate development of a network of technology trading and transfer consultancy, brokerage and promotion organizations of all economic sectors. III. Solutions: 1. Group of solutions to perfecting the legal environment for the development of a technology market. a/ Formulating and perfecting the legal system necessary for the operation of a technology market. Reviewing, revising and promulgating legal documents relating to intellectual property and technology transfer with a view to promoting technology creation and transfer, ensuring national interests and meeting the requirements of international commitments which Vietnam has joined. Formulating, and organizing the implementation of, the Law on Intellectual Property, the Law on Technology Transfer and guiding documents. Concurrently perfecting laws on enterprises, investment, finance, science and technology and institutions in relevant areas in support of technology trading. b/ Enhancing the effect of law enforcement Perfecting the provisions of intellectual property and technology transfer laws regarding enforcement. Enhancing the capacity of law enforcement bodies; raising the knowledge and capacity of employees in detecting violations and settling disputes in intellectual property, effectively protecting legitimate intellectual property-related interests of individuals and organizations. Raising the awareness of intellectual property and technology transfer laws among the society, especially among the scientific and technological community and the business sector. Attaching importance to training in intellectual property and technology transfer in universities; formulating complementary training programs on intellectual property and technology transfer for officials in research institutes, universities, enterprises and law enforcement bodies. Increasing training of lawyers in intellectual property. Adding the function of managing the development of a market technology to ministerial-level, sectoral and local agencies in charge of state management of science and technology. 2. Solutions to stimulating technology demands a/ Building a competitive business environment conducive to technology renewal Perfecting the macro economic environment to facilitate and motivate organizations and individuals to invest in technology renewal, creating a fair competitive environment for all economic sectors; speeding up reorganization and equitization of state enterprises; taking initiative in international and regional integration. Developing financial, labor, real estate and other markets which are interrelated and interdependent in a socialist-oriented market economy. b/ Encouraging, supporting and promoting enterprises to renew technology Scrutinizing for amending or repealing regulations that hinder enterprises' investment in technology renewal; promulgating new specific, transparent and easy-to-apply guidelines and apply a one-door principle to considering and approving preferences for technology renewal. Stipulating that technology renewal shall be regarded as a criterion for assessing the operation of enterprises. Formulating mechanisms for coordination and dialogue between state agencies at all levels and scientific and technological organizations and enterprises so as to identify and tackle problems in the implementation of preferential policies to encourage technology renewal. Adopting policies on support for enterprises, particularly small- and medium-sized ones, to develop their technological capability, specifically: formulating a program on support for enterprises to raise their technological research and development, design and management capabilities; implementing a program on support for enterprises to develop intellectual property; encouraging organizations and individuals of all economic sectors to join in vocational training; using official development assistance capital for training technological skills for various industries, paying special attention to investment projects of strategic significance; supporting small- and medium-sized enterprises to build an advanced system of quality management. Encouraging enterprises to set up scientific and technological development funds so that they can take initiative in conducting technological research, development and application. Enterprises shall be allowed to account amounts invested in scientific and technological activities as reasonable production costs and apply a higher accounting level to the hi-tech domain. Developing an industrial promotion network with the active participation of business associations and technical advance application and transfer centers of provincial-level Science and Technology Services to provide technology renewal support services, raise the awareness of technology management and learning among enterprises; summing up and popularizing good lessons, experience and practices relating to technology management; identifying and proposing measures to overcome sectoral and inter-sectoral technological limitations. Developing a mechanism to encourage enterprises to set up a technological research and renewal unit, and renew their technologies using services of key laboratories, technology nursery centers or scientific and technological enterprise nursery centers for technology renewal. c/ Stimulating technology demand in agriculture and rural areas The State shall support activities of promoting and developing farm product markets at home and abroad, encouraging the production of a commodity agriculture based on technology and on an appropriate scale in localities where conditions permit. Adopting policies to support farmers in information, training and funds for technology application, especially in regions with difficult and particularly difficult socio-economic conditions. Perfecting the agricultural promotion system and raising its operational efficiency in providing technology transfer supports in agriculture and rural areas. Stepping up implementation of a mechanism of partnership among state management agencies, scientific and technological organizations, enterprises and farmers for the purpose of development, application and transfer of technical advances in service of agricultural production and rural development. Provincial-level Science and Technology Services shall act as the focal points for effecting this partnership in localities. 3. Solutions to promoting technology supply a/ Developing domestic technology supply sources. - Generating a strong motive for organizations and individuals to create and commercialize technologies with a practical value: Clearly defining the responsibilities of the transferors and transferees of research results for public-service purposes; implementing regulations on rewards for organizations and individuals having research results which have been widely applied and brought about high socio-economic benefits. - Strongly linking applied research and technological development activities with the market: Renewing the method of identifying scientific and technological tasks of the State in the direction of associating the designing of these tasks with practical needs and markets. Adopting mechanisms and policies to encourage and push enterprises of all economic sectors to place orders with domestic and foreign scientific and technological organizations, nominate and select organizations and individuals for performing scientific and technological tasks of the State. Allowing public scientific and technological organizations to implement a mechanism of autonomy and self-management so as to increase their dynamism in a market economy. Switching State-owned scientific and technological organizations having marketable products to operate like enterprises. Adopting mechanisms and policies to support these organizations in the process of shifting. Encouraging research institutes and universities to set up or enter into joint ventures or partnerships with domestic or foreign organizations to set up scientific and technological enterprises; adopting policies to provide special investment incentives, particularly in infrastructure, tax and land use, for scientific and technological enterprises operating in high-tech domains. - Renewing policies on investment in science and technology: Concentrating investment in a selective way in building infrastructure and developing human resources for a number of key technologies useful for the modernization of economic and technical branches, ensuring defense and security; creating conditions for new trades and businesses to develop, creating jobs and raising the competitiveness of the economy. Restructuring State investment in scientific and technological activities in the direction of increasing investment amounts for developing and perfecting technologies, producing on a trial basis, nursing technologies and scientific and technological enterprises, and researching into technological demands and marketing technologies. Supporting funds for projects on the transfer of defense technologies for civil purposes to meet market demands. Forming and operating scientific and technological development funds of ministries, branches, provinces, cities and individuals, and at the same time, efficiently operating the National Fund for Scientific and Technological Development. Formulating regulations on the organization and operation of venture investment funds of domestic and foreign organizations and individuals to serve technological research, development and application. Supporting organizations and individuals to develop intellectual property and transfer technologies. Conducting propaganda about and training in intellectual property and technology transfer. Formulating programs for support of enterprises, universities, research institutes, other organizations and individuals that develop and establish ownership over, manage and exploit industrial property at home and abroad. Clearly defining the responsibility of public scientific and technological organizations to manage intellectual property and technology transfer. Promoting scientific and technological activities, technology renewal and transfer in localities. Strongly stepping up the partnership among research institutes, universities, financial institutions and enterprises, with the coordination and support of state management agencies, in renewing technologies of enterprises. Integrating technological renewal programs and scientific and technological programs into local socio-economic development programs. Supporting enterprises, organizations and individuals of all economic sectors to transfer and apply technologies that serve local socio-economic development through scientific and technological development funds of provinces or cities. b/ Promoting technological cooperation with foreign countries Formulating policies on technology import in the direction of importing machinery, equipment and technical services up to quality, labor safety and environmental protection standards; encouraging import of technologies in combination with mastering and localizing technologies in domains where Vietnam has advantages, on the basis of partnerships between domestic scientific and technological organizations and enterprises through supporting expenses for the licensing of industrial property objects, technology transfer charges, expenses for staff training and hire of domestic and foreign specialists. Encouraging the setting up of scientific and technological organizations between foreign companies and Vietnamese companies and research and training institutions. Formulating policies on special investment incentives to call for transnational companies with source and high technologies to invest in and transfer technologies in Vietnam; encouraging foreign companies to transfer technologies to their Vietnamese partners to joint venture or business cooperation contracts; devising mechanisms to attract outstanding domestic and foreign specialists to hold professional and managerial posts in scientific and technological organizations and enterprises in Vietnam. c/ Promoting supply of technical advances and new plant varieties and animal breeds for agriculture and rural areas. Diversifying and improving channels of transfer of technologies to agriculture and rural areas through scientific and technical support programs and other socio-economic programs. Organizing regional- and provincial-level regular technology trading points in areas where demands and appropriate conditions exist. Developing the partnership of enterprises, farmers and scientists so as to tackle the input-output problems in agricultural production to meet the market requirements. Developing forms of hi-tech agricultural zones invested by enterprises. Mobilizing financial resources, including scientific and technological funds, to serve socio-economic development in underdeveloped areas and areas with particularly difficult and difficult socio-economic conditions. Continuing to provide supports for free-of-charge technology transfer, partly or wholly finance information, training and agricultural promotion for poor farmers. 4. Group of solutions to developing technology trading promotion services a/ Forming and developing technology trading promotion organizations. For the immediate future, the State shall support the organization of regular national technology-equipment fairs and encourage the organization of local fairs. Specialized agencies and provincial-level Science and Technology Services shall increase their supports for the performance of technology trading contracts after they are concluded. The Ministry of Science and Technology shall issue a Regulation on technology and equipment fairs. Establishing and operating two regular technology trading centers in Hanoi city and Ho Chi Minh city in order to provide infrastructure for technology transfer service support organizations, including foreign service providers; creating a favorable trading environment for participants in the market to have access to information, conduct negotiations, purchase and sell technologies; organizing technology exhibitions, displays and shows; building databases on technology offers and technology demands, serving the operation of trading centers, including electronic transactions; gathering statistics on technology trading dealings. Reorganizing the operation of scientific and technological information centers under state agencies in the direction of balancing the function of supplying information to serve state management agencies and communities and the function of commercially providing information on technology trading; increasing the professionalism and usefulness of information services; attaching importance to the building and operation of technological databases in service of agriculture and rural development, expanding the network of supply of electronic information on the technology market down to district and commune levels. Stepping up socialization of services of organizing technology and equipment fairs, technology trading centers and technology information services. b/ Developing technology consultancy, expertise, appraisal and evaluation services. Raising the operational capacity and service quality of State-owned technology consultancy, expertise, appraisal and evaluation organizations. Establishing two evaluation, expertise and valuation centers in Hanoi city and Ho Chi Minh city. Attracting scientific and technological organizations, social organizations, socio-professional organizations, professional service providers, other organizations and individuals at home and abroad to participate in providing the above-said services. At the same time, raising awareness and promoting the use of technology consultancy, expertise, appraisal and evaluation services in socio-economic activities. c/ Developing legal services on intellectual property and other legal services related to technology trading. Encouraging the establishment of enterprises providing legal services on intellectual property and technology transfer. Considering annulment of inappropriate regulations relating to the practice of legal counseling on intellectual property and technology transfer. Formulating regulations on financial preferences for legal services on intellectual property and other legal services related to technology trading. Establishing organizations to provide legal consultancy on intellectual property and technology transfer for non-profit purposes. d/ Developing financial services Encouraging financial institutions of all economic sectors to provide financial services in support of technology renewal, transfer and application; domestic and foreign organizations and individuals to participate in venture investment activities for nursery of technologies and scientific and technological enterprises. To create an environment and conditions for the operation of the securities market to support and promote development of scientific and technological enterprises after their nursery is successful. Article 2.- Organization of implementation 1. Ministries, ministerial-level agencies, Government-attached agencies and People’s Committees of provinces and centrally-run cities shall, within the scope of their respective functions, tasks and powers, have to take initiative in organizing the realization of objectives and implementation of solutions for development of the technology market and attracting the participation of social organizations, socio-professional organizations and other organizations and individuals therein. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, Government-attached agencies and People’s Committees of provinces and centrally-run cities in, organizing the implementation of this Scheme and send annual reports thereon to the Prime Minister. 2. From now to the end of 2007: a/ The Ministry of Science and Technology shall assume the prime responsibility for, and coordinating with the Ministry of Culture and Information, the Ministry of Planning and Investment, the Ministry of Education and Training, the Ministry of Finance, concerned ministries and branches as well as provincial/municipal People's Committees in: - Reviewing and proposing amendments and promulgating legal provisions relating to the development of a technology market (for submission to the Prime Minister in 2005); - Formulating the Law on Intellectual Property (for submission to the National Assembly in 2005) and the Law on Technology Transfer (for submission to the National Assembly in 2006); formulating legal documents guiding the implementation of these two laws (for submission to the Government in 2006 and 2007); - Formulating technology import policies (for submission to the Prime Minister in 2006); - Formulating regulations on ownership, management and exploitation of intellectual property created with state funds (for submission to the Prime Minister in 2006); - Formulating a scheme on development of centers for nursery of technologies and nursery of scientific and technological enterprises (for submission to the Prime Minister in 2006); - Formulating a scheme on setting up of a venture investment fund (for submission to the Prime Minister in 2006). b/ The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with, the Ministry of Science and Technology in: - Formulating a policy to mobilize investment capital in support of technology renewal by enterprises of all economic sectors; - Formulating a scheme on enhancing the technology management and development capacity for enterprises (for submission to the Prime Minister in 2006). c/ The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, reviewing and proposing amendments to, or promulgation of, legal documents on financing the development of a technology market (for submission to the Prime Minister in 2006). d/ The Ministry of Agriculture and Rural Development, the Ministry of Industry and the Ministry of Fisheries shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, formulating schemes on formulating and perfecting mechanisms and policies to encourage technology renewal in agriculture, industry and fisheries; raising the operational efficiency of the agricultural, industrial and fishery promotion system (for submission to the Prime Minister in 2006). e/ The People’s Committees of Hanoi city and Ho Chi Minh city shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology, concerned ministries and branches in, formulating schemes on building two regular technology trading centers in these two cities (for submission to the Prime Minister in 2006). f/ Ministries, branches, provincial/municipal People's Committees shall implement the schemes stated at Points a, b, c and d of this Section after they are approved. g/ By the end of 2007, the Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with concerned ministries, branches and provincial/municipal People's Committees in, holding preliminary reviews to draw experience and make proposals for developing a technology market in the subsequent years. 3. From 2008 to 2010: a/ Ministries, branches and provincial/municipal People's Committees shall accelerate the implementation of the approved schemes. b/ The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with concerned ministries, branches and provincial/municipal People's Committees in, holding final reviews to evaluate the realization of the objectives of the Scheme on development of a technology market (by 2010). 4. Implementation budget: a/ The scheme implementation budget shall come from the following sources: - Central and local state budgets. - Funds mobilized from other sources, including capital of enterprises and individuals, and investment capital from abroad. b/ Annually, the Ministry of Science and Technology, the Ministry of Finance, the Ministry of Planning and Investment, People's Committees of provinces and centrally-run cities shall balance their budgets for the performance of the Scheme's tasks. Article 3.- This Decision takes effect 15 days after its publication in "CONG BAO." Article 4.- Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, and presidents of provincial/municipal People's Committees shall have to implement this Decision.