Proposal for disclaimer of liability when risks occur in scientific research

Báo Đại Đoàn KếtBáo Đại Đoàn Kết15/02/2025

On February 15, the National Assembly listened to the Report and the Examination Report of the draft Resolution of the National Assembly on piloting a number of policies to remove obstacles in science, technology, innovation and digital transformation activities.


Reporting to the National Assembly, Minister of Information and Communications Nguyen Manh Hung said that the purpose of issuing the Resolution is to pilot a number of specific mechanisms and policies to remove obstacles in science, technology, innovation and national digital transformation activities so that science, technology, innovation and digital transformation truly become the driving force to complete the country's industrialization and modernization.

In addition, policies must provide outstanding incentives to remove obstacles and help move big things forward, thereby influencing other activities to change accordingly. With the spirit of innovation, policies will help the country successfully implement science, technology, innovation and digital transformation with advanced digital infrastructure development, develop Vietnam's digital technology industry, realize the target of economic growth of 8% or more in 2025 and double-digit growth in the following years.

According to Mr. Hung, the Draft Resolution consists of 4 Chapters and 19 Articles, including two contents related to science, technology, innovation activities and national digital transformation activities.

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Minister of Information and Communications Nguyen Manh Hung reports to the National Assembly. Photo: Quang Vinh.

Regarding the basic content of the Resolution, Mr. Hung said that, firstly, regarding science, technology and innovation, the Resolution stipulates the autonomy mechanism of scientific and technological research organizations (S&T) in the direction of granting autonomy and self-responsibility for organization, staff, finance and expertise. It stipulates that civil servants and managers working at public S&T organizations are allowed to participate in establishing, managing and operating enterprises to commercialize research results. It also adds provisions on exemption from liability when risks occur in scientific research and technology development.

At the same time, it stipulates the principles of applying fixed expenditures for science and technology tasks using the state budget, including the content of fixed expenditures for final products; stipulates the principles of state funding for science and technology tasks through funds. It stipulates funds in the field of science, technology and innovation established in accordance with the provisions of the law on science and technology and from various sources; on tax incentives for science, technology and innovation activities; on strategic technology development; on assets formed from science and technology tasks.

Second, the content of national digital transformation, in which, for national digital transformation activities include: Shared digital platform, bidding for bidding packages. For digital infrastructure development activities, including: 5G infrastructure, international telecommunications cables connecting at sea, piloting telecommunications services using low-orbit satellite technology. For strategic digital technology industry development activities (semiconductors), the central budget supports the construction of small-scale semiconductor chip manufacturing factories.

Third, regarding implementation, the Resolution stipulates that heads of agencies and units; cadres, civil servants and public employees participating in the development and promulgation of mechanisms and policies stipulated in the Resolution to remove bottlenecks, promote scientific and technological activities, innovation and national digital transformation are considered for exclusion, exemption or reduction of responsibility if the implementation of the Resolution results in negative behaviors, impacts, group interests and waste.

Examining the above issue, Mr. Le Quang Huy, Chairman of the National Assembly's Committee on Science, Technology and Environment expressed his opinion that the Committee on Science, Technology and Environment agreed with the necessity, political, legal and practical basis for issuing the Resolution.

Regarding risk acceptance in scientific research and technological development (Article 6), Mr. Huy proposed clarifying which agency decides to exempt organizations and individuals from civil liability; it is necessary to have regulations to identify organizations and individuals who have done their best, have fully implemented the procedures and regulations but risks still occur.

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Mr. Le Quang Huy, Chairman of the National Assembly's Committee on Science, Technology and Environment, reviewed the draft Resolution. Photo: Quang Vinh.

Regarding funding from the State budget to implement science and technology tasks (Article 7), it is proposed to clarify whether this provision is under the authority of the Government or the National Assembly; the difference between this provision and Clause 2, Article 60, Clause 3, Article 61 of the Law on Science and Technology. There is a proposal to allow science and technology organizations to establish science and technology funds.

Regarding investment, leasing, procurement, and bidding for digital transformation activities (Article 13), the Committee proposed to study the limitation of specific projects and bidding packages that are subject to designated bidding; clarify the basis for regulating the pilot period of investment, leasing, procurement, and bidding for digital transformation activities to only apply in the 2025-2026 period.

Regarding financial support for enterprises participating in the rapid development of 5G network infrastructure (Article 14), the Committee proposed to have a mechanism to closely inspect and monitor the use of support capital; clarify the basis for regulating the support level; consider this provision because enterprises can invest on their own and can use the Public Telecommunication Service Fund to support these enterprises.

Regarding the policy to support strategic digital technology industry projects of a special nature (Article 17), the Committee recommends consideration because this policy is currently stipulated in the draft Law on Digital Technology Industry, to be effective it needs a long enough time; clarify the basis for determining the maximum support level; do not specify the name of the Military Industry-Telecoms Group in the Resolution; add regulations on investment from the central budget to build shared semiconductor laboratories.



Source: https://daidoanket.vn/de-xuat-mien-tru-trach-nhiem-khi-xay-ra-rui-ro-trong-nghien-cuu-khoa-hoc-10299952.html

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