Experts propose exemption from criminal liability for risks in scientific and technological research

Flexible investment mechanism

The workshop was jointly organized by the Institute of Innovation Research, the Center for Innovation and Incubation, the Faculty of Law (Foreign Trade University), the Institute of International Economics and Law, and the Institute of Strategy and Policy on Science and Technology (Academy of Science, Technology and Innovation) at the Foreign Trade University.

Previously, the Draft Law on Science, Technology and Innovation was drafted by the Ministry of Science and Technology and widely consulted with agencies, units, research institutes, schools and scientists.

The workshop "Comments on the Draft Law on Science, Technology and Innovation" gathered more than 100 delegates who are researchers and experts from state management agencies, research institutes, universities and enterprises.

Delegates discussed breakthrough policy mechanisms, removing obstacles and shortcomings; creating a solid legal foundation for the development of science, technology and innovation with the core spirit: scientists hold the central position.

At the same time, the Workshop is also a forum for scientists to discuss urgent issues, from policies to laws of Vietnam as well as internationally, in order to develop appropriate regulations for Vietnam so that science, technology and innovation become "top important breakthroughs" according to Resolution No. 57-NQ/TW dated December 22, 2024 of the Politburo on the development of science, technology, innovation and national digital transformation.

Experts and scientists attended the scientific workshop with the theme "Comments on the Draft Law on Science, Technology and Innovation"

At the Workshop, Dr. Tran Le Hong, Deputy Director of the Department of Intellectual Property, Ministry of Science and Technology, emphasized the need to unblock the legal system to focus on solving breakthrough issues raised by the Draft Law on Science, Technology and Innovation.

According to Dr. Tran Le Hong, the new draft law allows public science and technology organizations and universities to participate in establishing enterprises, contributing capital and directly commercializing research results; exempting civil liability for research organizations and individuals if they have fully complied with the process but do not achieve the expected results. In addition, there is a flexible investment mechanism to strengthen public-private cooperation, promoting investment capital from the private sector in science, technology and innovation projects.

Dr. Tran Le Hong, Deputy Director of the Department of Intellectual Property, Ministry of Science and Technology

Proposal to exempt criminal liability for risks in scientific research

At the workshop, Associate Professor, Dr. Vu Van Phuc, Chairman of the Scientific Council of the Institute of International Economics and Law; Former Editor-in-Chief of the Communist Magazine, expressed his opinions on issues such as: scientific research in particular and scientific activities in general still have many shortcomings, the issue of scientists' freedom to create, democracy in scientific research, and settlement of accounts that take up a lot of effort from scientists...

Therefore, he proposed that the Law on Science, Technology and Innovation must be more open and have many new breakthroughs on this issue.

Associate Professor, Dr. Duong Minh Lam, Head of Science and Technology Department - Hanoi National University of Education also emphasized the necessity of adjusting financial regulations, commercializing research and managing science and technology funds.

Prof. Dr. Bui Tien Thanh, Head of the Faculty of Engineering, University of Transport, proposed a number of proposals to institutionalize the pilot mechanisms approved by the National Assembly in Resolution 193/2025/QH15, creating favorable conditions for the development of science and technology.

Discussing the content of increasing autonomy for scientific organizations, expanding international cooperation and investing in research infrastructure, delegates pointed out difficulties in bidding procedures, payment settlement of science and technology projects and proposed solutions to improve the effectiveness of research and application.

Regarding the role of investment and financial mobilization in the sustainable development of science and technology, delegates emphasized the need to simplify administrative management procedures, remove bottlenecks in investment mechanisms, and introduce financial and tax support policies to promote scientific research activities, technology application, and innovation.

Another important issue discussed at the Workshop was related to commercialization of scientific and technological results.

Associate Professor Dr. Nguyen Ngoc Ha, Director of the FTU Institute for Creative Research, proposed that the Draft Law stipulates that the authors of scientific research are entitled to 30% of the profits from the research results, but there is no guarantee that there will be profits in the first years of the enterprise's operation. Enterprise managers can make negative profits, causing the authors to receive no profits.

At the same time, it is necessary to consider regulations on exemption of criminal liability of organizations and individuals for risks in scientific research, technology and innovation activities under specific conditions.

Dr. Vu Thi Kim Anh, Head of the Department of Science Management, Trade Union University, proposed improving the mechanism for handling intellectual property violations and developing an innovation ecosystem to create a favorable environment for scientific inventions and innovation. In addition, issues related to civil servant law, bidding law, tax and the right to establish enterprises were also discussed to promote the effectiveness of commercialization of scientific and technological results.

According to experts, Vietnam is facing a golden opportunity to make a breakthrough, with a potential GDP growth of over 10%, on par with developed economies in the region. One of the strategic and fundamental steps for a strong breakthrough is to develop science, technology and innovation.

From practical experience in scientific and technological research, experts and scientists at the Workshop proposed comments on the Draft Law on Science, Technology and Innovation so that it can be submitted to the National Assembly for approval at the May 2025 session.

Thereby, removing bottlenecks and barriers, unlocking resources, creating new motivation to help science truly develop to build a complete legal framework, meeting the needs of the times, contributing to the country's prosperous development and prosperity in the new era.

Nguyen Lien

Source: https://daibieunhandan.vn/chuyen-gia-de-xuat-mien-trach-nhiem-hinh-su-truoc-rui-ro-trong-nghien-cuu-khoa-hoc-cong-nghe-post408871.html