Review and ensure consistency and specificity of preferential policies.

Vice Chairman of the National Assembly Le Minh Hoan chaired the meeting. Photo: Quang Khanh

Distinguishing between policies to encourage the development of high-tech enterprises and strategic technology enterprises

National Assembly deputies highly appreciated the drafting agency for quickly absorbing many opinions of deputies on the two draft Laws at previous group discussion sessions and revising and perfecting the draft Laws.

Paying attention to the policy of promoting the development of enterprises producing high-tech and strategic technology products in Article 16 of the draft Law on High Technology (amended), National Assembly Deputy Tran Anh Tuan ( Ho Chi Minh City) found that the draft Law clearly distinguished which products are high-tech products and which products are strategic technology products.

National Assembly Deputy Tran Anh Tuan (Ho Chi Minh City) speaks. Photo: Quang Khanh

However, there are no separate incentives in the incentive policy. Delegate Tran Anh Tuan said that there should be a risk-sharing mechanism for strategic products created by strategic technologies; it is necessary to distinguish the incentive policy for the production of high-tech products and strategic technology products to what extent.

Clause 2, Article 16 of the draft Law stipulates that individuals directly managing and conducting research and development (R&D) will be supported in enterprises producing high-tech products and strategic technologies.

Forms of support include: training, fostering, corporate income tax, housing, work permits... Delegate Tran Anh Tuan suggested that this content should be clarified, because the people directly doing R&D are very large, an entire ecosystem, in which the direct team can include the research team, the product commercialization team... "If it is written "directly managing individual", it is not clear". The delegate also noted that there should be clear, synchronous policies to encourage the entire ecosystem to work.

Also interested in policies to promote the development of high-tech and strategic technology enterprises, National Assembly Delegate La Thanh Tan (Hai Phong) proposed to consider adding provisions to determine whether the above two types of enterprises are considered high-level science and technology enterprises, and if so, there should be preferential policies.

National Assembly Delegate La Thanh Tan (Hai Phong) speaks. Photo: Quang Khanh

“What is different about the types of enterprises stipulated in Article 15 of the draft Law compared to the policies for science and technology enterprises, and do these enterprises have to register their operations?” Asking this question, delegate La Thanh Tan suggested that the drafting agency review the relevant laws to ensure consistency and specificity of the preferential policies for each type of enterprise.

Carefully consider the legal aspects involved in technology transfer

Regarding the draft Law amending and supplementing a number of articles of the Law on Technology Transfer, National Assembly Deputy Truong Trong Nghia (Ho Chi Minh City) proposed studying the content of regulations on technology transfer from a legal perspective.

Delegates believe that using territorial and border criteria to determine the scope of domestic technology transfer or technology transfer abroad and from abroad to Vietnam is not suitable for the type of technology products and services because most of these products and services are not tangible.

“If we take the territorial criterion, a domestic invention sold by a Vietnamese citizen to a foreigner in Vietnam using a USB is considered a domestic transfer, but in fact it is a transfer of ownership to a foreigner.

And conversely, our children have talents abroad, are completely Vietnamese, study, research, work abroad, have Vietnamese nationality and transfer technology to Vietnamese workers, to a Vietnamese organization, then that technology is considered to be owned by Vietnam in terms of nationality but is considered to be transferred abroad". Raising this issue, delegate Truong Trong Nghia also said that the regulations in the draft Law are not complete and cannot prevent the loss of technology, nor prevent or limit bad technology from entering Vietnam.

On the other hand, delegate Truong Trong Nghia also noted that when a dispute arises regarding a technology transfer contract involving foreign elements, should Vietnamese law or foreign law be applied? Therefore, it is necessary to consider the disputes and judicial sovereignty that may arise.

Source: https://daibieunhandan.vn/ra-soat-bao-dam-tinh-thong-nhat-tinh-dac-thu-rieng-cua-chinh-sach-uu-dai-10396522.html