This proposal was presented by Standing Member of the National Defense and Security Committee, Trinh Xuan An, during a discussion session on February 17. The session focused on the draft resolution piloting policies to address challenges in scientific, technological, and innovative activities.
The draft stipulates that organizations and individuals will be exempt from civil liability if they cause losses to the State during the implementation of scientific research and technological development projects, provided they fully comply with research protocols and regulations.
Organizations managing science and technology tasks funded by the state budget are also not required to reimburse used funds if they have adhered to all regulations, procedures, and project descriptions but failed to achieve expected results.
Request for Exemption from Both Criminal and Civil Liability
While acknowledging that the provisions in the draft resolution aim to resolve difficulties and strongly promote scientific and technological advancements, Deputy Trinh Xuan An argued that merely having a mechanism to exempt civil liability for damages to the State does not cover all real-world scenarios.
National Assembly Deputy Trinh Xuan An proposes a mechanism to exempt criminal liability for scientific research (Photo: Minh Châu).
For organizations and individuals conducting scientific and technological research, if they have fully complied with procedures and maintained objectivity, Mr. An proposed that civil liability should also be waived for damages caused not only to the State but also to other organizations or individuals.
Beyond civil liability, the deputy suggested studying the exemption of criminal liability for scientific and technological research activities.
“I propose establishing a mechanism to exempt criminal liability for individuals engaged in scientific and technological research if they meet criteria regarding objectivity and procedural compliance. Otherwise, researchers face significant risks,” Mr. An added, emphasizing the need to exempt both civil and criminal liabilities.
According to him, this content could be studied for inclusion in the pilot resolution, paving the way for future laws.
Deputy Hoang Van Cuong (Hanoi) also agreed with the provision on liability exemption.
The draft resolution states that liability is waived if research outcomes are not achieved despite following proper procedures. However, Mr. Cuong questioned, “What exactly constitutes ‘proper procedure’?” This needs clarification.
National Assembly Deputy Hoang Van Cuong speaks at the February 17 discussion session (Photo: Hong Phong).
If care is not taken, it might lead to the notion that “following legal regulations” equates to doing nothing, as the deputy noted.
He proposed revising the clause to state, “If proper research procedures have been followed and the registered project does not yield results, there is no need to return the funding.”
Regarding tax exemptions, the resolution allows income tax exemption for state-funded research budgets. However, for funds sponsored by businesses, only the sponsoring company can deduct these costs for tax purposes, while research units still have to pay income tax.
Mr. Cuong found this unreasonable. “It is unfair that research units soliciting external funding must still pay personal income tax. Therefore, I propose exempting all research units from personal income tax,” the deputy stated.
Proposal for Special Procedures in Science Infrastructure Investment
Vice Chairwoman of the Social Affairs Committee Nguyen Thi Kim Thuy emphasized that to accelerate the rapid development of science and technology, innovation, and national digital transformation while attracting high-quality human resources, it is crucial to establish mechanisms for swift investment in infrastructure such as workspaces, modern exhibition halls, laboratories, and trial production labs meeting international standards.
However, the female deputy observed that current Vietnamese laws either lack or vaguely address these issues, particularly the complicated administrative procedures for investment and construction, which do not meet the requirements of Resolution 57.
Vice Chairwoman of the Social Affairs Committee Nguyen Thi Kim Thuy (Photo: Hong Phong).
She requested the National Assembly to consider adding special procedures for investing in science and technology infrastructure using state funds and mechanisms combining state and non-state capital, along with other legal funding sources.
Specifically, Ms. Thuy proposed directly allocating cleared land (without auctions or bidding for land-use projects) and waiving land-use fees for ten years or more, followed by a 50% reduction for subsequent periods (if the project proves effective).
Additionally, Ms. Thuy suggested adopting turnkey contracts, designated contracts, or simplified bidding processes similar to those outlined in the draft resolution for the Ninh Thuan Nuclear Power Plant project.
Regarding procedures, the Vice Chairwoman of the Social Affairs Committee recommended that state-funded assets be leased to research collectives or individuals without auctioning usage rights; reducing or waiving rental fees or allowing shared use for research and training purposes.
Furthermore, Ms. Thuy advocated for breakthrough mechanisms concerning intellectual property rights for products derived from scientific research, technological development, and innovation based on infrastructure funded by state or combined capital. She proposed that “Researchers should fully own the intellectual property rights of these products or negotiate ownership terms with relevant state management agencies.”
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