Officially excluding criminal liability for risks in scientific and technological activities

PHẠM ĐÔNG |

The Law on Science, Technology and Innovation excludes criminal liability for risks in research, testing, and application of scientific, technical and technological advances.

On the morning of June 27, with 435/438 delegates in favor, the National Assembly passed the Law on Science, Technology and Innovation.

Report on receiving, explaining and revising the draft law, Chairman of the Committee for Science, Technology and Environment Le Quang Huy informed about accepting risks in scientific, technological and innovation activities (Article 9) and controlling testing of new technology, processes, products, services, and business models.

The draft law has established the principle of risk acceptance in scientific, technological and innovation activities, associated with appropriate risk management measures.

In particular, assigning the Government to stipulate criteria for determining accepted risks, procedures for evaluating compliance with procedures and regulations; at the same time, establishing a legal framework for a controlled testing mechanism, ensuring both innovation promotion and protection of public interests.

Article 9 of the law is passed stipulating that risks in scientific, technological and innovation activities are accepted according to the provisions of this law and other relevant legal provisions; ensuring appropriate risk management measures.

Organizations and individuals conducting scientific research, technology development and innovation are excluded from administrative liability and civil liability for damages caused to the State if they have fully complied with the procedures and regulations during the implementation of scientific research, technology development and innovation and have not committed fraud, intentionally violated the law, and have not misused the goals and funding scope.

Organizing the implementation of scientific, technological and innovation tasks using the state budget, other legal funds of public service units, and state-owned enterprises' funds do not have to refund funds used in accordance with the correct purpose and scope if they have fully complied with the regulations on task management, implementation procedures, research content, and risk prevention measures but the results of the task do not achieve the set goals.

The Law also stipulates the exclusion of criminal liability according to the provisions of the Penal Code for risks in research, testing, application of scientific, technical and technological advances.

Bieu quyet thong qua Luat Khoa hoc, cong nghe va doi moi sang tao. Anh: Quochoi.vn
Voting to pass the Law on Science, Technology and Innovation. Photo: Quochoi.vn

Regarding the special mechanism in decoding technology and purchasing technology secrets (Article 31), the draft law stipulates that the organization of the chairmanship of scientific, technological and innovation tasks is allowed to apply a special mechanism in appointing and paying experts, directly purchasing at the price of technology agreements, products to decoding technology in developing strategic technology, purchasing technology secrets.

Regarding supporting businesses to invest in developing strategic technology (Article 36), the draft law has revised the content of the State's implementation of support, investment, cooperation policies and assigned tasks to businesses to develop strategic technology as prescribed in Article 36.

First, invest in building infrastructure and specialized support services in industrial parks and high-tech zones to attract businesses to invest in building shared research and testing facilities.

Second, invest in building facilities and equipment for shared research and testing facilities to attract businesses to participate in exploitation and operation.

PHẠM ĐÔNG
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