The Government issued Decree 271/2025/ND-CP regulating the establishment, participation in the establishment of enterprises, and capital contribution to enterprises to commercialize scientific research results and technology development in Hanoi.
This Decree details Clause 4, Article 23 of the Law on the Capital City on the following contents:
- Establishing, participating in establishing enterprises, contributing capital to enterprises to commercialize scientific research results, developing technologies under intellectual property rights of public universities , public vocational training institutions, other public scientific and technological organizations in Hanoi (hereinafter referred to as public institutions).
- The civil servants working at the above-mentioned public establishments may contribute capital, participate in the management and operation of enterprises established by such public establishments, and participate in the establishment with the consent of the head of such public establishments.
Types of public assets used to contribute capital
Public establishments are allowed to use the following types of assets to contribute capital:
- Money from career development fund;
- Money from the science and technology development fund according to the provisions of law on science, technology and innovation;
- Legal sponsorship, aid, and donations for the purpose of contributing capital;
- Money from other funds is used to contribute capital according to the provisions of law;
- Intellectual property rights are used to contribute capital according to the provisions of law;
- Results of scientific research, technological development and innovation are used to contribute capital according to the provisions of law on science, technology and innovation;
- Other assets are allowed to be used to contribute capital according to the law.
Principles of using public facility assets to contribute capital
According to regulations, the use of public facility assets to contribute capital must ensure the following principles:
- Ensure the correct purpose of commercializing scientific research results and developing technology under the intellectual property rights of that facility;
- Exploit and use assets publicly, transparently and in accordance with the law;
- Fully perform obligations on taxes, fees, charges and other financial obligations to the State as prescribed by law;
- Not to be used to contribute capital to confidential inventions, land and security and defense projects, and other assets that are not allowed to be used to contribute capital;
- In case it is necessary to determine the value of assets for capital contribution, it must be public, transparent and in accordance with the provisions of law;
- Implement the reporting regime on the business performance and results of the enterprise to commercialize the results of scientific research and technology development under the intellectual property rights of public establishments and be subject to the supervision of competent authorities as prescribed by law.
Authority to decide on the use of public facility assets for capital contribution
The decision to use assets of a public facility to contribute capital is decided by the Management Board or School Council; in case the public facility does not have a Management Board or School Council, the head of the public facility shall decide.
Determine the value of contributed assets
Regarding the determination of asset value as intellectual property rights, scientific research results, technological development and innovation, the Decree stipulates that public establishments shall select consulting units to determine the value of assets as intellectual property rights, scientific research results, technological development and innovation according to the provisions of law on bidding.
Determining the value of intellectual property rights is carried out in accordance with the provisions of the law on intellectual property and the law on valuation; determining the value of scientific research results, technological development and innovation is carried out in accordance with the provisions of the law on science, technology and innovation.
Based on the results of consultation on determining the value of assets being intellectual property rights, scientific research results, technological development and innovation as prescribed above, the competent authority or person as prescribed shall decide on the value of assets being intellectual property rights, scientific research results, technological development and innovation of the public facility expected to be used for capital contribution.
Regarding the determination of other asset values, the Decree stipulates that public establishments shall select consulting units to determine the value of other assets in accordance with the provisions of law on bidding.
The determination of the value of other assets to be contributed as capital is determined in accordance with the market price at the time of capital contribution, according to the provisions of law on valuation.
Based on the above consulting results on determining the value of other assets, the competent authority and person as prescribed shall decide on the value of other assets of the public facility expected to be used for capital contribution./.
Source: https://www.vietnamplus.vn/quy-dinh-gop-von-vao-doanh-nghiep-de-thuong-mai-hoa-ket-qua-nghien-cuu-khoa-hoc-post1071008.vnp
Comment (0)