Creating a transparent, stable and attractive legal corridor for high technology

Amending the law is an urgent step to remove barriers.

As the first and only law regulating high technology in Vietnam, after 17 years of implementation, many provisions of the 2008 Law on High Technology have become outdated, inconsistent with specialized laws, unenforceable or no longer suitable for practice. "This is a barrier to promoting high technology development in the country if not promptly amended and supplemented," said Nguyen Phuong Tuan, Deputy Chairman of the Committee for Science , Technology and Environment.

Deputy Chairman of the Committee for Science, Technology and Environment Nguyen Phuong Tuan speaks. Photo: Hoa Le

In particular, in the context of the comprehensive adjustment of the legal system on science, technology and innovation, this change directly affects the content of the adjustment of the Law on High Technology - a component in the legal system on science, technology and innovation. The amendment of the Law is not only an objective requirement, but also an urgent step to ensure consistency and synchronization in the legal system in this field.

In addition to creating a favorable legal foundation for research, development and application of high technology, serving the process of transforming the growth model and enhancing the competitiveness of the economy, Director of the Department of Science, Technology and Technology, Ministry of Science and Technology Nguyen Phu Hung said that amending the Law on High Technology is a fundamental step to create a policy foundation in line with the development trend and enhance national competitiveness in high technology in the context of the world entering a new development stage, in which high technology plays a key role, deciding the competitiveness and independent and autonomous development of each country.

Permanent Deputy Minister of Science and Technology Vu Hai Quan speaks. Photo: Hoa Le

Deputy Minister of Science and Technology Vu Hai Quan also stated that the amendment of the Law on High Technology aims to concretize and implement the Party's major policies, especially Resolution No. 57-NQ/TW dated August 10, 2023 of the Politburo on breakthroughs in science and technology development, innovation and national digital transformation. The Resolution clearly defines the orientation of high technology development associated with the country's industrialization and modernization, while also requiring the improvement of the legal system, creating favorable conditions for research, development, application and transfer of high technology.

“Amending the Law is a necessary step to institutionalize the spirit of the Resolution, thereby creating a transparent, stable and attractive legal corridor for investment, production and business activities in the high-tech sector,” Mr. Vu Hai Quan emphasized.

To have good laws, we must "finalize" the concept.

At the Workshop to collect comments on the draft Law on High Technology (amended) organized by the Standing Committee of the Science, Technology and Environment Committee in coordination with the Ministry of Science and Technology, many opinions emphasized that, based on practice, comprehensively amending the Law on High Technology is necessary, but suggested adding clearer regulations and consistency with related laws, to ensure feasibility and consistency during implementation.

Confused between high technology and strategic technology, National Assembly member working full-time at the Delegation Work Committee Be Trung Anh said that strategic technology does not necessarily have to be high technology. Because high technology is often measured by the content of science and technology, while strategic technology is determined mainly by qualitative factors: it is an important technology, has long-term significance, and sustainable development. Not to mention, there are technologies that are strategic but do not necessarily belong to the high technology group. Conversely, not all high technologies need to be considered strategic technology.

Full-time National Assembly member of the Delegation Affairs Committee Be Trung Anh speaks. Photo: Hoa Le

According to delegate Be Trung Anh, if the definition of strategic technology is based only on the concept of high technology, it will narrow the scope, leading to the consequence that some of the Party's policies and viewpoints on technology may no longer be classified as "strategic". Correctly defining and separating these two concepts is very important, in order to ensure that future policy and legal orientations are implemented consistently.

Emphasizing that high technology is considered the “soul” of the draft Law, according to National Assembly Deputy Nguyen Thanh Phuong (Can Tho), the definition of high technology is not yet accurate. According to the draft Law, high technology is technology with a high content of scientific research and technology development. This definition is easily confusing, because scientific research is only an activity to create technology, but it is not technology itself. Scientific research can create knowledge, can form technology, but is not identical with the concept of high technology.

National Assembly Delegate Nguyen Thanh Phuong (Can Tho) speaks. Photo: Hoa Le

Therefore, delegate Nguyen Thanh Phuong proposed that we should approach in the following direction: high technology is technology containing knowledge, created from scientific research and technological development activities. This way, we can ensure generality and correctly reflect the relationship between scientific research and technology, avoiding confusion between concepts.

Vice Chairman of the Committee Nguyen Phuong Tuan also pointed out that to have a good law with high feasibility, it is necessary to "finalize" the concepts and terms accurately, clearly and easily understood. If the concepts are not clearly defined, it will cause difficulties in the implementation process. The draft Law has many terms: high technology, strategic technology, high technology activities, high technology products... If not reviewed and supplemented, it will easily lead to conceptual confusion, difficulty in application, and even conflicts. Delegates suggested that it is necessary to research, standardize, and streamline the system of concepts, ensuring consistency, logic and feasibility in implementation.

Regarding human resources, Deputy Chairman of the Committee Nguyen Phuong Tuan said that the core of technology transfer, digital transformation, artificial intelligence, high technology, etc. is still people. If the human resources are not properly trained, and do not improve their capacity and awareness, then no matter how attractive the incentive mechanism is designed, it will be difficult to implement effectively.

However, many contents on attracting and employing experts and human resources in science and technology have been stipulated in the Law on Science, Technology and Innovation. Therefore, when building the Law on High Technology, it is necessary to review, avoid overlap, and ensure close connection and synchronization with the current legal system.

Source: https://daibieunhandan.vn/tao-hanh-lang-phap-ly-minh-bach-on-dinh-hap-dan-cho-cong-nghe-cao-10391030.html