"Reaching the finish line" with major laws

The Fourth Industrial Revolution is creating an urgent need to enhance endogenous technological capabilities, promote the transfer, mastery, and application of modern technologies, one of the important pillars emphasized in Resolution No. 57-NQ/TW.

Circular No. 11/2026/TT-BKHCN was developed as part of a comprehensive plan to institutionalize new regulations of the National Assembly. Therefore, the Circular plays a crucial role in ensuring synchronization between major laws, such as the Law on Science, Technology and Innovation and the Law amending and supplementing certain articles of the Law on Technology Transfer. This contributes to realizing the goal of building a synchronized innovation ecosystem, centered on businesses, promoting the commercialization of research results, and developing the science and technology market.

In the amended Law on Technology Transfer, new regulations have expanded the policy space to encourage technology transfer and mastery. The State regulates the forms of expressing ownership and usage rights of technology, and contributing capital in the form of technology. The State automatically grants ownership of technology, allowing organizations that create technology using state budget funds to freely dispose of it and negotiate its value.

The State purchases and disseminates technology for applied research purposes serving the public good. Regulations specify cases where mandatory technology transfer is required, in accordance with the law and international standards.

In addition, it is necessary to develop the science and technology market, amend and supplement regulations on the state's allocation of budget for developing a network of intermediary organizations in the science and technology market to support technology transfer activities, and strengthen public-private cooperation to attract social resources for the development of these intermediary organizations.

The law also creates financial, institutional, and legal incentives for technology transfer activities. It allows expenses for technology transfer to be deductible when determining the taxable income of businesses. Priority is given to promoting technology transfer for high technologies, strategic technologies, and disseminating technology to small and medium-sized enterprises, cooperatives, household businesses, and individual businesses.

Unlocking the solutions to challenging problems in technology management.

The focus of Circular No. 11/2026/TT-BKHCN lies in its system of 10 specialized application forms, designed to address two crucial aspects of current technology management. These forms help to increase transparency in the process and facilitate the rapid evaluation and practical application of new technologies. This is significant in bridging the gap between research and market, a long-standing weakness of the national innovation system.

Firstly, regarding technology assessment activities in specific cases, the Circular promulgates forms for conducting technology assessment in specific cases, including technologies developed or invested in by organizations and individuals that require thorough assessment and evaluation by state management agencies to ensure safety, effectiveness, and suitability for application in production and business, in line with development orientation.

This system of forms covers the entire process, from the initial submission to the operation of the Council, especially the verification phase, ensuring that the technology is not just on paper but is capable of stable operation and meets key technical specifications. This process helps shorten the gap between research and market.

Secondly, the mechanism of prioritizing the purchase and dissemination of technology by the State is concretized with clear criteria regarding usability, deployment capacity, intellectual property rights, and budgetary efficiency. This is an important tool for the State to proactively create a supply of technology for essential sectors such as national defense, security, healthcare, education, environment, and disaster and disease prevention. At the same time, this policy also contributes to spreading technology to the business sector, especially small and medium-sized enterprises.

This policy aims to boost the supply of technology to the market. It is also one of the solutions to achieve the goals of Resolution No. 57-NQ/TW on enhancing endogenous capacity and gradually mastering core technologies.

The Law on Technology Transfer, effective from April 1, 2026, introduces many new priority policies, including the transfer of high technology, strategic technology, and technology serving nationally important projects, defense, and security.

The State prioritizes the application of preferential policies on investment, taxes, land, credit, and other incentives for foreign investment projects that involve technology transfer, human resource training, and the development of research, design, manufacturing, or application of technology in Vietnam.

The State encourages capital contributions in the form of technology created from science, technology and innovation activities of organizations, individuals, and businesses in Vietnam through measures supporting valuation, establishment of legal ownership or usage rights of technology.

In order to create a transparent framework for the use of state budget funds in technology investment, the Circular provides sample Proposal Forms and Proposal Appraisal Reports. 

To ensure that the Circular takes effect simultaneously with the Law on Science, Technology and Innovation and the Decree detailing and guiding the implementation of the Law amending and supplementing a number of articles of the Law on Technology Transfer, the drafting process of the Circular was carried out using a streamlined procedure while still ensuring scientific rigor and democracy, with the participation and input of 101 stakeholders from ministries, sectors, localities and the business community. 

The high level of consensus during the drafting process shows that the developed application forms closely reflect practical needs and do not create additional administrative procedures that would hinder citizens and businesses.

The future of digitalization and innovation.

According to Circular No. 11/2026/TT-BKHCN, the forms are designed with a clear structure and high data standardization capabilities, creating a foundation for the digitalization of online application processing in the near future, in line with the national digital transformation policy, helping to reduce compliance costs and improve the efficiency of administrative reform.

Furthermore, the consistent application of these forms will help management agencies build a scientifically sound database on technology. Based on this, the State can formulate more accurate, targeted, and effective policies to support and encourage the application and innovation of technology.

Currently, the Innovation Department (Ministry of Science and Technology) has also planned to organize dissemination, training, and detailed guidance to ensure the Circular is implemented smoothly nationwide.

The promulgation of Circular No. 11/2026/TT-BKHCN contributes to encouraging Vietnamese businesses to boldly invest in, master, and commercialize research results. When bottlenecks in documentation and procedures are removed, the flow of technology will contribute positively to the sustainable development of the national economy.

Center for Science and Technology Communication