Capital Law creates mechanism to encourage innovation activities

Accordingly, Article 25 of the Capital Law on controlled testing clearly states: controlled testing is the testing of new innovative technologies, products, services or business models in real conditions with a limited scope under the special control of competent State agencies in a number of fields with the potential to bring high economic and social value and efficiency that the law has not yet regulated, has not yet allowed to be implemented or the current regulations of the law are no longer suitable.

Allowing controlled testing is to encourage innovation and creativity and to serve as a basis for State agencies to review and assess potential risks before deciding to officially apply the technology, thereby determining appropriate management and adjustment mechanisms.

The Law also clearly states that controlled testing may be limited in terms of geographical space of implementation; scale of testing; subjects allowed to use the technology, product, service, or participate in the tested business model; number of users, or other necessary limits.

Scene of the National Assembly session passing the Capital Law

The maximum period for conducting a controlled trial is 3 years and may be extended once for no more than 3 years.

The Law also stipulates that the Hanoi People's Committee allows controlled testing in the form of limited-term licensing for technologies, products, services, and business models that are not yet regulated by law, not yet permitted to be implemented, or limited-term licensed; at the same time, exempts the application of some legal provisions within the limited scope of testing for technologies, products, services, and business models that are regulated by law but are not specific enough or are no longer suitable within the limited scope determined in accordance with the assessment of the risk level and control capacity of the Hanoi People's Committee.

According to this Law, the conditions for granting a controlled trial license include: innovative technology, products, services or business models with scope of application and implementation in Hanoi, with priority given to technologies, products, services and business models implemented within the scope of high-tech zones, high-tech agricultural zones, National Innovation Centers and City Innovation Centers.

Technology, products, services or business models that have the potential to bring high economic and social value and efficiency, with priority given to high-tech fields and key science and technology fields of the city; do not infringe upon national security, order, safety and social interests;

The organization or enterprise proposing the testing must have a testing plan, including an assessment of the benefits and risks to the test participants, users, other relevant parties, to national security, social order and safety, and market competitiveness; a commitment to responsibility for the safety of users and relevant parties; risk control measures; a mechanism for resolving user complaints; the scope and measures for compensation for damages; and at the same time, provide information and documents proving the capacity to comply with the proposed testing plan;

Delegates pressed the button to pass the Capital Law on June 28.

Before passing, Chairman of the National Assembly's Law Committee Hoang Thanh Tung presented a report on the acceptance, explanation and revision of the draft Law on the Capital (amended). Accordingly, with the content of controlled testing, the draft Law was accepted and revised in the direction of: not allowing testing in areas that directly affect national defense and security, and the field of human gene modification and editing (point b, clause 3, Article 25); (

Propose the principle of limiting groups of legal provisions that organizations and enterprises conducting controlled testing may be allowed to not apply, on that basis, the City People's Council will decide the scope of non-application of legal provisions in accordance with each specific project as well as the requirements and purposes of testing (Clause 5, Article 25). At the same time, more specifically stipulate the exemption from civil liability for damage caused to the State, the exclusion of administrative liability and criminal liability for organizations, testing enterprises, and individuals conducting testing in cases where they have properly and fully complied with the contents of regulations and instructions of competent authorities (Point d, Clause 4, Point h, Clause 7, Article 25);

Supplement and revise regulations on adjusting, extending, terminating trials and clarifying the reporting regime of the City People's Committee and the agency guiding the trial process (points b and e, clause 6, points e and g, clause 7, Article 25);

Supplement the Government's responsibility in organizing the review and evaluation of the results and effectiveness of the implementation of the pilot contents to perfect the law as a basis for official application (Clause 10, Article 25).

Source: https://kinhtedothi.vn/luat-thu-do-tao-co-che-khuyen-khich-hoat-dong-doi-moi-sang-tao.html