Create a mechanism to promote business innovation

According to the Ministry of Public Security, in the past, there has been no mechanism to eliminate criminal liability for risks in the case of testing new technologies and new business models to meet the requirements of innovation and creativity in the spirit of Resolution No. 57-NQ/TW dated December 22, 2024 of the Politburo on breakthroughs in science and technology development, innovation and national digital transformation.

In Resolution No. 57-NQ/TW, our Party clearly pointed out the need to focus on perfecting the legal system in all fields, promptly removing difficulties and obstacles, arousing and promoting all potentials and human resources, creating new momentum for the rapid and sustainable development of the country, promoting democracy, ensuring and protecting human rights and citizens' rights, preventing, stopping and handling all acts of illegal interference in judicial activities; at the same time, urgently and resolutely perfecting institutions, making institutions a competitive advantage in the development of science, technology and innovation; Urgently amend, supplement and perfect legal regulations to remove bottlenecks and barriers, free up resources, encourage and develop science, technology and innovation, have an open and creative approach, allow piloting of new practical issues, have a policy of exempting enterprises, organizations and individuals from criminal liability in cases of testing new technologies and new business models that cause economic damage due to objective reasons.

Therefore, in the draft of the Penal Code (amended), the Ministry of Public Security proposed that if businesses and individuals comply with regulations and prevent risks but still cause damage when implementing a new business model, it is not a crime.

Specifically, Article 25 of the draft Code stipulates: acts causing damage while conducting research, testing, applying scientific, technical, technological advances and new business models despite strictly complying with procedures, regulations and fully applying preventive measures are not crimes.

However, anyone who fails to properly apply procedures and regulations, or fails to fully apply preventive measures and causes damage, will still be held criminally responsible.

On the business side, Mr. Hoang Long, Director of Thanh Long Limited Liability Company, Hai Duong city, assessed that this proposal brings positive signals to businesses in the current context of promoting digital transformation, encouraging the development of new business models, contributing to creating momentum for economic development.

According to Mr. Long, if we impose too tight legal constraints on new initiatives, it can stifle creativity and make businesses hesitant to try out breakthrough solutions, especially in implementing new projects and business models.

Resolution 57-NQ/TW requires innovation in management thinking, avoiding the mindset of banning if you can't manage it, paving the way for new technology through a controlled pilot mechanism. Therefore, when drafting legal documents, agencies should not add too many business conditions or prohibited behaviors that will make businesses afraid to experiment with new technology in Vietnam, stifling the spirit of innovation of businesses.

At the same time, Mr. Long also expressed his wish for clearer regulations on the concepts of "what is a new business model" or "full application of preventive measures" so that businesses have a fuller understanding of this content, thereby taking appropriate measures to avoid causing damage. Along with that, he proposed to exempt and reduce income tax for technology experts, increase simplification of administrative procedures and support training of digital technology talents.

Lawyer Le Thi Thu Ha, Sao Sang Limited Liability Law Firm. Photo: THU HANG.

According to lawyer Le Thi Thu Ha, Sao Sang Limited Liability Law Firm (Hanoi Bar Association), the proposal of the Ministry of Public Security is consistent with the content of Resolution 57-NQ/TW on breakthroughs in science and technology development, innovation and national digital transformation in the direction of thoroughly implementing the spirit under the comprehensive leadership of the Party, promoting the combined strength of the entire political system, the active participation of entrepreneurs, enterprises and people in the innovation process; at the same time, encouraging the construction and operation of economic relations, production, exchange, trade, etc. to form and build new business models.

Attorney Thu Ha pointed out that new business models often come with unprecedented risks, including legal risks. Therefore, without appropriate protection mechanisms, individuals or organizations implementing pioneering business models will not dare to step out of their comfort zone, and fear and concern about criminal liability will inhibit innovative thinking.

Without appropriate protection mechanisms, individuals or organizations implementing pioneering business models will not dare to step out of their comfort zone. Fear and concern about criminal liability will inhibit innovative thinking.

Lawyer Le Thi Thu Ha, Sao Sang Limited Liability Law Firm

According to lawyer Thu Ha, this provision is consistent with the “right to freedom of business in industries not prohibited by law” stipulated in Article 33 of the 2013 Constitution. The amended content clearly demonstrates the viewpoint of avoiding criminalization of purely civil and economic relations; at the same time, promoting the initiative in self-control and prevention of individuals, organizations and enterprises when implementing new business models, demonstrating the open-mindedness of lawmakers in the face of the movement of the digital economy, technology and creative startups.

However, lawyer Thu Ha also noted that it is necessary to be vigilant against some individuals and organizations that take advantage of loopholes to profit or avoid criminal liability. This proposal, if implemented, needs to be accompanied by specific and transparent criteria.

Source: https://nhandan.vn/tao-co-che-thuc-day-doanh-nghiep-doi-moi-sang-tao-post871419.html