National Assembly deputies proposed that there should be a mechanism to exempt individuals from criminal liability for scientific research activities if they meet objective criteria regarding procedures.
On February 17, the National Assembly discussed in the hall: Draft Resolution on piloting a number of policies to remove obstacles in science, technology and innovation activities; Special mechanisms and policies for investment in the construction of the Ninh Thuan nuclear power project.
Regarding the draft resolution on piloting a number of policies to remove obstacles in science, technology and innovation activities, Deputy Hoang Van Cuong ( Hanoi Delegation) agreed with the regulation that no responsibility will be held and risks will be exempted if research results are not achieved when following the correct procedures and regulations.
However, Mr. Cuong suggested that it must be clearly stated that if the research process of the registered topic is followed correctly but is not effective, the funding does not have to be returned.
According to the assessment of Deputy Trinh Xuan An (Dong Nai Delegation), here, there is only a provision for exemption from liability when damage occurs to the State. From that, Mr. An proposed that it is necessary to exempt civil liability for both organizations and individuals when causing damage to both the State and other organizations and individuals. In commercial contracts, when causing damage, liability must also be exempted.
Regarding whether or not to exempt from criminal liability, according to Mr. An, the Penal Code has stated and assigned responsibility to the Court. However, when making the Law on National Defense Industry, Security and Industrial Mobilization, this content was proposed but the Court did not agree. Therefore, it is recommended that there should be a mechanism to exempt from criminal liability for individuals engaged in scientific research activities if they meet objective criteria regarding procedural processes.
“If there is no exemption, scientific researchers will be at great risk. Along with exemption from civil liability, there must be exemption from criminal liability. And this content needs to be studied. This is a pilot resolution, so it should raise the issue and create a basis for regulations in subsequent laws,” said Mr. An.
Assessing the need for specific regulations on piloting civil liability exemption in scientific and technological research and testing, Deputy Nguyen Thi Thuy (Bac Kan Delegation) analyzed that currently, with criminal liability exemption, Article 25 of the Penal Code clearly states that if an agency, organization or individual has fully implemented the procedures and regulations, fully applied preventive measures but still caused damage, it will not be considered a crime and will not be prosecuted for criminal liability.
Regarding the provision on exemption from civil liability in scientific and technological research, according to Ms. Thuy, it is currently unclear, so scientific research agencies, organizations and individuals, even if they have followed the correct procedures and regulations but caused damage to the State, must still compensate for the damage according to the extra-contractual compensation mechanism. Therefore, Ms. Thuy agrees that Resolution 57 has added the exemption from civil liability.
In addition, Ms. Thuy proposed adding 4 more regulations on exemption from civil liability, which are: it is necessary to stipulate that organizations and individuals conducting scientific and technological research and testing must fully apply the procedures and regulations in the research contract and legal regulations; and add exemptions in both the testing and application stages.
In addition, organizations and individuals must not only fully apply procedures and regulations but also apply preventive measures but still cause damage to be exempted from civil liability. In particular, research and testing are only exempted from liability in cases of causing damage to the State; if causing damage to other organizations or individuals, compensation must still be paid.
Source: https://daidoanket.vn/de-nghi-mien-trach-nhiem-hinh-su-voi-nguoi-nghyen-cuu-khoa-hoc-10300025.html
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