The Ministry of Science and Technology is drafting a Decree amending and supplementing a number of articles of Decree No. 95/2014/ND-CP dated October 17, 2014 of the Government regulating investment and financial mechanisms for science and technology activities.
The Ministry of Science and Technology (MOST) said that after nearly 10 years of implementing policies on investment and financial mechanisms for S&T activities, Decree No. 95/2014/ND-CP has achieved certain results. However, there have been some shortcomings in implementing investment and financial mechanisms for S&T activities and changes in relevant laws. Specifically, the allocation of investment capital for S&T activities is still overlapping, scattered, and not focused on priority areas according to the S&T Development Strategy for each period approved by the Prime Minister.
The financial management mechanism for science and technology organizations, especially public science and technology career organizations, is not suitable, leading to difficulties and obstacles for units in autonomy in planning, finance, human resources and international cooperation to promote dynamism, creativity, and attract highly qualified human resources in scientific research and technology development.
The current regulations on budgeting and management of science and technology tasks using the state budget, although being renewed, are not suitable to the characteristics of science and technology activities in terms of novelty, unexpectedness, delay and risk in research, and do not meet the needs and aspirations of the scientific community.
Regulations on encouraging the establishment and use of the Science and Technology Development Fund of enterprises are not attractive enough for enterprises and do not meet the needs of enterprises, as shown in the current situation of the small number of enterprises establishing the Fund and the large unused balance of the Fund.
Therefore, in order to institutionalize the Party and State's policies, perfect the legal system on science and technology, remove shortcomings and limitations, and meet practical needs in the process of implementing financial and investment mechanisms for science and technology activities, the Ministry of Science and Technology believes that amending and supplementing a number of articles of Decree No. 95/2014/ND-CP is necessary.
Amending regulations on state budget expenditure for science and technology
To ensure clear distinction of scope, criteria, regulated subjects, total investment between new construction investment projects, renovation, repair, upgrading, enhancing research capacity; purchasing, repairing, upgrading assets, equipment, machinery to demarcate the boundary between projects implemented from public investment funds and tasks using regular expenditure sources according to the provisions of the State Budget Law and the Law on Public Investment, the draft Decree specifies the provisions on investment expenditure for science and technology development (point a, clause 1, Article 4 of Decree No. 95/2014/ND-CP) and science and technology career expenditure (point m, clause 2, Article 4 of Decree No. 95/2014/ND-CP).
Specifically, the content of investment expenditure for science and technology development at Point a, Clause 1, Article 4 of Decree No. 95/2014/ND-CP is proposed to be amended as follows: "a) Investment expenditure for facilities for science and technology organizations to implement new construction projects ; projects to renovate, repair, upgrade, and expand projects that have been invested in construction, including the purchase of assets and equipment for the project ; projects to enhance the scientific and technological potential of science and technology organizations included in the medium-term public investment plan , including: Laboratories, experimental workshops; stations, experimental farms ; specimen rooms, showrooms, sample storage rooms ; facilities for analysis, testing, inspection, calibration, and conformity assessment; specialized design, manufacturing, and testing facilities; technology application and transfer facilities; intermediary organizations of the science and technology market; innovation centers; creative startup support centers ."
The content of science and technology career expenditure at Point m, Clause 2, Article 4 of Decree No. 95/2014/ND-CP is proposed to be amended as follows:
"m) Science and Technology career expenses for:
- Expenditures for maintenance, repair and maintenance of facilities, technical equipment and facilities serving scientific and technological activities to ensure the maintenance of functions and technical standards of public assets;
- Expenditures for performing tasks of renovation, upgrading, expansion, and construction of new construction items in projects that have been invested in construction, upgrading the functions and technical standards of research equipment (not exceeding 15 billion VND/task) not included in the medium-term public investment plan, must be implemented immediately within the budget year;
- Expenditures for performing the task of purchasing assets and equipment not included in the medium-term public investment plan, including: purchasing assets and equipment for regular operations according to current standards and norms; purchasing assets and specialized equipment for public science and technology organizations; purchasing assets and equipment for science and technology tasks."
In addition, to agree with the proposal to supplement development investment expenditure for the construction of innovation centers and creative startup support centers, the Ministry of Science and Technology proposes to supplement the content of science and technology career expenditure to maintain the operation of innovation centers and creative startup support centers. The proposed additional content is stipulated in point n0, clause 2, Article 4 of Decree No. 95/2014/ND-CP as follows: "n0) Expenditures to ensure and maintain innovation centers and creative startup support centers".
Ensuring equality in the rate of setting aside the Science and Technology Development Fund of enterprises
Regarding the establishment of science and technology development funds for enterprises, Article 9 of Decree No. 95/2014/ND-CP stipulates:
1. State-owned enterprises must annually allocate from 3% to 10% of their taxable income to establish a fund for the enterprise's science and technology development.
2. Non-state enterprises are entitled to deduct a reasonable percentage of their taxable income, up to 10%, to establish a fund for the enterprise's science and technology development.
According to the Ministry of Science and Technology, in order to ensure equality in the regulations on the rate of deduction for the Science and Technology Development Fund of enterprises between state-owned enterprises and other types of enterprises; to reduce the impact on the assessment of performance and classification of state-owned enterprises, the Ministry of Science and Technology proposes to amend the provisions in Clause 1, Article 9 of Decree No. 95/2014/ND-CP as follows: "1. State-owned enterprises, based on the need for science and technology activities and the ability to use the annual Science and Technology Development Fund, shall self-determine the rate of deduction for the Fund from taxable income for corporate income tax but not exceeding 10% of annual taxable income to establish the enterprise's science and technology development fund."
Thus, according to the draft, state-owned enterprises are allowed to self-determine the Fund deduction rate not exceeding 10% of annual taxable income, instead of having to deduct the Fund at a rate of 3% to 10% of taxable income.
Supplementing content for spending on digital transformation and innovation activities
Regarding the expenditure content of the Science and Technology Development Fund of enterprises, the draft proposes to supplement Point k, Clause 3, Article 10 of Decree No. 95/2014/ND-CP on the expenditure content of the Fund for digital transformation activities of enterprises to implement Decision No. 411/QD-TTg dated March 31, 2022 of the Prime Minister approving the "National Strategy for Development of Digital Economy and Digital Society to 2025, with a vision to 2030".
In addition, the draft also adds provisions allowing enterprises, including state-owned enterprises, to invest in technology research and development, venture capital, and investment in innovative startups to institutionalize Resolution No. 52-NQ/TW in 2019 of the Politburo; invest in incubators in fields related to science, technology and innovation, order new products, etc. as assigned in Point h, Clause 1, Part A, Section III of Resolution No. 58/NQ-CP and in Clause 6 of Directive No. 12/CT-TTg.
Specifically, the draft supplements Point i, Clause 3, Article 10 of Decree No. 95/2014/ND-CP as follows: " i) Expenditures on investment in the establishment and maintenance of operations of incubators, scientific research and technology development facilities in fields related to science, technology and innovation of enterprises; ordering innovative products; using the Science and Technology Development Fund of state-owned enterprises for venture capital, investment in innovative start-up enterprises."
According to Intellectual Property and Innovation
Source: https://doanhnghiepvn.vn/cong-nghe/thay-doi-de-tao-co-che-tai-chinh-thuan-loi-hon-cho-hoat-dong-khoa-hoc-va-cong-nghe/20240902060307562
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