The government issued Decree 271/2025/ND-CP regulating the establishment, participation in the establishment of enterprises, and participation in capital contributions to enterprises for the commercialization of scientific research results and technological development in Hanoi.
This Decree provides detailed regulations for Clause 4, Article 23 of the Law on the Capital City, regarding the following contents:
- The establishment, participation in the establishment of enterprises, and participation in capital contributions to enterprises for the commercialization of scientific research results and technological development under the intellectual property rights of public higher education institutions, public vocational education institutions, and other public science and technology organizations in Hanoi (hereinafter referred to as public institutions).
- Public employees working at the aforementioned public institutions may participate in contributing capital, managing, or operating enterprises established or established by those public institutions, provided they have the consent of the head of that public institution.
Types of public institution assets used as capital contributions
Public institutions may use the following types of assets as capital contributions:
- Funds from the career development fund;
- Funds from the science and technology development fund as stipulated by the law on science, technology and innovation;
- Legitimate grants, aid, and donations intended for capital contribution;
- Funds from other funds are used to contribute capital in accordance with the law;
- Intellectual property rights can be used as capital contributions in accordance with the law;
- The results of scientific research, technological development, and innovation are used to contribute capital in accordance with the law on science, technology, and innovation;
- Other assets permitted to be used as capital contributions in accordance with the law.
Principles for using public institution assets as capital contributions.
According to regulations, the use of public institution assets for capital contribution must adhere to the following principles:
- Ensure that the commercialization of scientific research results and technological developments, which are the intellectual property of the institution itself, is carried out for the correct purpose;
- Ensure the exploitation and use of public assets are transparent, open, and in accordance with the law;
- Fully fulfill all obligations regarding taxes, fees, charges, and other financial obligations to the State as prescribed by law;
- It shall not be used as capital contribution for confidential inventions, land and facilities related to national security and defense, or other assets that are prohibited from being used as capital contributions;
- In cases where asset valuation is required for capital contribution, it must be ensured that the process is public, transparent, and in accordance with the law;
- Implement a reporting system on the operational status and business results of enterprises involved in the commercialization of scientific research and technological development results protected by intellectual property rights of public institutions, and be subject to supervision by competent authorities as prescribed by law.
Authority to decide on the use of public institution assets for capital contribution.
The decision to use public institution assets for capital contribution is made by the Management Board or School Board; in cases where the public institution does not have a Management Board or School Board, the head of the public institution makes the decision.
Determining the value of contributed assets
Regarding the valuation of intellectual property rights, scientific research results, technological development, and innovation, the Decree stipulates that public institutions shall select consulting firms to determine the value of intellectual property rights, scientific research results, technological development, and innovation in accordance with the law on bidding.
The valuation of intellectual property rights is carried out in accordance with the laws on intellectual property and the laws on valuation; the valuation of scientific research results, technological development, and innovation is carried out in accordance with the laws on science, technology, and innovation.
Based on the results of the consultation on determining the value of intellectual property rights, scientific research results, technological development, and innovation as stipulated above, the competent authority or person shall decide on the value of intellectual property rights, scientific research results, technological development, and innovation of the public institution intended to use as capital contribution.
Regarding the valuation of other assets, the Decree stipulates that public institutions shall select a consulting firm to determine the value of other assets in accordance with the law on bidding.
The valuation of other assets for capital contribution shall be determined in accordance with market prices at the time of contribution, as stipulated by law on valuation.
Based on the results of the above-mentioned consultation on determining the value of other assets, the competent authority or person, as prescribed by law, shall decide on the value of other assets of the public institution intended to be used for capital contribution.
Source: https://www.vietnamplus.vn/quy-dinh-gop-von-vao-doanh-nghiep-de-thuong-mai-hoa-ket-qua-nghien-cuu-khoa-hoc-post1071008.vnp
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