Exemption from civil liability for scientific researchers

Vân Trang |

Many new regulations related to risk acceptance and civil liability exemption for scientific researchers have been approved by the National Assembly.

On the morning of February 19, continuing the program of the 9th Extraordinary Session, the National Assembly voted to pass the Resolution of the National Assembly to pilot a number of mechanisms and policies to remove obstacles in science, technology, innovation and national digital transformation activities.

As a result, 454/458 votes were in favor (accounting for 94.98%). The National Assembly's Resolution to pilot a number of mechanisms and policies to remove obstacles in science, technology, innovation and national digital transformation activities was officially approved.

Dai bieu tham du ky hop. Anh: Quochoi.vn
Delegates attending the meeting. Photo: Quochoi.vn

This Resolution takes effect from the date of approval by the National Assembly.

Previously, Member of the National Assembly Standing Committee, Chairman of the National Assembly's Committee on Science, Technology and Environment Le Quang Huy presented the draft Resolution on piloting a number of special mechanisms and policies to create breakthroughs in the development of science, technology, innovation and national digital transformation.

Regarding the scope of regulation: This Resolution stipulates the pilot of a number of special mechanisms and policies to create breakthroughs in the development of science, technology, innovation and national digital transformation.

Regarding subjects of application: This Resolution applies to domestic organizations and individuals and foreign organizations and individuals participating in scientific, technological, innovation and national digital transformation activities in Vietnam; other relevant organizations and individuals.

Uy vien Uy ban Thuong vu Quoc hoi, Chu nhiem Uy ban Khoa hoc, Cong nghe va Moi truong cua Quoc hoi Le Quang Huy trinh bay du thao Nghi quyet cua Quoc hoi thi diem mot so co che, chinh sach de thao go vuong mac trong hoat dong khoa hoc, cong nghe, doi moi sang tao va chuyen doi so quoc gia. Anh: Quochoi.vn
Member of the National Assembly Standing Committee, Chairman of the National Assembly's Committee on Science, Technology and Environment Le Quang Huy presented the draft Resolution of the National Assembly to pilot a number of mechanisms and policies to remove obstacles in science, technology, innovation and national digital transformation activities. Photo: Quochoi.vn

Regarding the establishment and operation of enterprises from the results of scientific research and technology development: Public science and technology organizations, public higher education institutions established or participating in the establishment of enterprises, participating in contributing capital to enterprises to commercialize the results of scientific research and technology development owned by that organization or assigned to manage and use.

Management officials and civil servants working at public science and technology organizations and public higher education institutions are allowed to participate in contributing capital, participating in managing and operating enterprises, working at enterprises established by those organizations or participating in the establishment of such organizations to commercialize research results created by those organizations when approved by the head of the organization.

Regarding accepting risks in scientific research and technology development: Organizations and individuals engaged in scientific research and technology development are exempted from civil liability when causing damage to the State in the process of performing scientific and technological tasks using the state budget when they have fully implemented relevant processes and regulations in the process of implementing scientific research and technology development activities.

The organization in charge of implementing the task of science and technology using the state budget during the implementation process has fully implemented the regulations on management of science and technology tasks, the research process and content have been explained but if the results are not as expected, the spent funds will not have to be refunded.

Regarding spending contracts in implementing scientific research and technology development: State budget funding for performing scientific and technological tasks is implemented as spending contracts, except for spending on purchasing equipment for implementing scientific and technological tasks, hiring out-of-court services and working groups abroad.

Science and technology tasks are carried out by contracting to final products when the organization in charge of the implementation of science and technology tasks has a commitment to the task's products with the main quality indicators to be achieved.

Based on the budget estimate in the task explanation for the organization in charge of implementing the construction task, the competent authority appraises and decides on the state budget for the task of determining the contract funding level for the contents of the contract expenditure. The organization in charge of performing the task is autonomous, self-responsible for deciding on the use of contract funding; is allowed to adjust spending contents; is allowed to decide on the use of funding from labor to hire domestic and foreign experts according to the agreed funding level. The organization shall preside over the implementation of the task of being responsible for ensuring the use of funds for the right purposes, effectively and economically; ensuring full invoices, documents and being responsible for explaining when requested by the competent authority, etc.

Vân Trang
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