Decree No. 97/2025/ND-CP dated May 05, 2025 on preferential mechanisms and policies for Vietnam national innovation center

GOVERNMENT OF VIETNAM --------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom – Happiness ---------------
No. 97/2025/ND-CP	Hanoi, May 05, 2025

DECREE

PREFERENTIAL MECHANISMS AND POLICIES FOR VIETNAM NATIONAL INNOVATION CENTER

Pursuant to the Law on Government Organization dated February 18, 2025;

Pursuant to the Law on State Budget dated June 25, 2015;

Pursuant to the Law on Export and Import Duties dated April 06, 2016;

Pursuant to the Law on Management and Use of Public Property dated June 21, 2017;

Pursuant to the Law on Provision of Assistance for Small and Medium-Sized Enterprises dated June 12, 2017;

Pursuant to the Law on Public Investment dated November 29, 2024;

Pursuant to the Labor Code dated November 20, 2019;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Enterprises dated June 17, 2020;

Pursuant to the Law on Land dated January 18, 2024;

Pursuant to the Law on the Capital dated June 28, 2024;

At the request of the Minister of Finance;

The Government promulgates the Decree on preferential mechanisms and policies for Vietnam National Innovation Center.

Chapter I

GENERAL REGULATIONS

Article 1. Scope

This Decree regulates some preferential mechanisms and policies for Vietnam National Innovation Center (hereinafter referred to as “NIC”) established under decision of the Prime Minister, organizations and individuals operating at the NIC, and relevant organizations and individuals.

Article 2. Regulated entities

1. Vietnam National Innovation Center and its subsidiaries.

2. Domestic and foreign organizations and individuals operating at the NIC.

3. Other relevant organizations and individuals.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. Startup founder means a person researching, developing new concepts and trading new products, services and business models.

2. Startup operating at the NIC means a company operating at the NIC and established in accordance with the law to put concepts into practice on the basis of exploiting intellectual property, technology and business models which are new and potentially promote fast growth.

3. Innovative company operating at the NIC means a company operating at the NIC which has new or (and) innovative products, services, procedures for production and business compared to products, services, procedures for production and business that have been introduced to the market or put into use.

4. Offices of the NIC include the headquarter in Ha Noi city; a subsidiary in Hoa Lac Hi-Tech Park (Ha Noi city), a subsidiary at Plot 25D, Cau Giay new urban center (Lane 7, Ton That Thuyet Street, Ha Noi city) and other subsidiaries under decision of competent authorities.

5. Organizations operating at the NIC mean organizations placing their headquarters, branches, representative offices, or business locations at the subsidiaries of the NIC.

Article 4. General principles for preferential mechanisms, policies and incentives

1. The State adopts incentives, preferential and support mechanisms and policies to create the most favorable research, development and investment environment for the NIC in order to attract domestic and foreign talents, professionals, large technology corporations and enterprises throughout the country and from countries with the developed technology level to actualize ideas or concepts on the basis of exploiting new and potentially fast-growing intellectual property, technologies, and business models.

2. The NIC may enjoy preferential mechanisms and policies and advantageous administrative procedures in accordance with the law to support and develop the entrepreneurship and innovation ecosystem as a way to contribute to innovating the growth model on the basis of science and technology development, and innovation.

3. The NIC shall exercise autonomy applied to public service providers, self-cover both recurrent and investment expenses. The NIC may implement other preferential mechanisms and policies prescribed in this decree.

4. The NIC may use the state budget funds and other legal revenue sources of the NIC to invest in the construction, upgrade of infrastructure, equipment, accommodation facilities, and other utility services for organizations and individuals participating in the activities of the NIC; implement programs, projects, and activities to support innovation and entrepreneurship.

Chapter II

PREFERENTIAL MECHANISMS AND POLICIES FOR THE NIC, ORGANIZATIONS AND INDIVIDUALS OPERATING AT THE NIC

Article 5. Labor incentives

1. Foreigners working at the NIC are not required to obtain the work permit when:

a) They work in order to exercise employment contracts with the NIC for managerial/executive positions, experts, and technical employees that Vietnamese employees do not currently meet the requirements of the NIC;

b) They work in order to exercise employment contracts with organizations and enterprises operating at the NIC for managerial/executive positions, experts, and technical employees that Vietnamese employees do not currently meet the requirements for production and business.

2. Procedures and application for certification of exemption from work permit for foreign employees as prescribed in clause 1 Article 5 shall comply with the laws on labor, Law on the Capital and relevant laws.

Article 6. Investment credit incentives

1. Investment projects of startups operating at the NIC and the NIC‘s investment projects on the list of projects funded by State investment credit loans are eligible for the State investment credit as prescribed by law if they satisfy all requirements for loan.

2. The NIC itself, startup founders, startups operating at the NIC may receive grants, financial aids, support, loans and loan guarantees from state financial funds outside the budget and financial mechanisms as prescribed by law.

Article 7. Incentives for use of land and acquisition of the subsidiary in Hoa Lac Hi-Tech Park

1. They shall be exempted from infrastructure and facility fees for leased land plots inside sites subject to the requirement for payment of infrastructure and facility fees if the infrastructure or facilities that they use are developed by using state funds.

2. They shall be exempted from all compensation, site clearance, support and residential relocation costs and expenses.

3. The state budget shall support them in paying all costs of ground leveling and backfilling work for projects on investment in construction of the NIC’s offices.

Article 8. Receipt and use of ODA funds, preferential loans, aids, and fundings

1. The NIC may receive and use ODA funds and preferential loans from foreign donors in accordance with the law.

2. The NIC shall receive and use grants that is not part of ODA funds from foreign agencies, organizations, and individuals (hereinafter referred to as “aids”), as well as fundings and donations from domestic organizations and individuals (hereinafter referred to as “fundings”). This includes interest on deposits from aids and grants to invest in building infrastructure, cover recurrent expenditures, support innovative activities, entrepreneurship, and the management and operation of the NIC.

3. Aids, fundings, and interest on deposits shall be managed as legitimate sources of revenue for the NIC. They are not part of the state budget revenue, and do not require the establishment of public ownership procedures.

4. The receipt, management and use of aids for the NIC shall comply with this Decree and laws on management, use of grants that is not part of ODA funds from foreign agencies, organizations, and individuals for Vietnam.

5. The receipt, management and use of fundings for the NIC are as follows:

a) The Director of the NIC shall receive or refuse the fundings of domestic organizations and individuals;

b) After receiving written approval for fundings from domestic organizations and individuals, the Director of the NIC shall evaluate and decide the receipt of the fundings;

c) For cash fundings, after the Director of the NIC shall decide the receipt of the fundings, the sponsor shall transfer the funds in Vietnamese Dong to the NIC via the NIC’s account at a commercial bank;

d) For fundings in the form of goods, the sponsor shall include the value of the funded assets in Vietnamese Dong in the approval for the fundings. In cases where the funded assets have a value of 10 billion Vietnamese Dong or more, within 45 days from the receipt of approval for the fundings, the NIC shall establish an evaluation board or hire an appraisal organization to assess the value of the assets;

In cases where the assessed value of the assets differs from the value stated in the approval for the fundings, the Director of the NIC shall decide the receipt of the funded assets based on the appraised value after reaching an agreement with the sponsor;

dd) For fundings in the form of works, construction, equipment within the investment project of the NIC, if the value of the fundings exceeds the detailed budget of works, construction, equipment that has been approved, the Director of the NIC shall decide the receipt of the fundings according to the approved detailed budget.

e) After the Director of the NIC decides the receipt of the fundings, the NIC may proceed to sign a funding agreement/contract, or similar document as requested by the sponsor. The NIC shall carry out the auditing/accounting for the fundings in accordance with the law.

6. Donors and sponsors are responsible for the honesty, accuracy, and legality of the aids and fundings.

Article 9. Public services of the NIC

1. The NIC is allowed to provide the following public services in conformity with functions and tasks of the NIC:

Incubation and support services for enterprises including the provision of workspace, technical infrastructure, resources, and necessary services for organizations and individuals to refine ideas, conduct research and development, apply technology, and engage in production and business activities;

b) Services for organizing and supporting training; conducting investigations, surveys, and research; and publishing documents and publications on innovation, entrepreneurship, and key technology areas of the NIC;

c) Services for consulting, networking, and promotion for innovation and entrepreneurship including connecting enterprises, facilitating investment and trade, and organizing exhibitions, conferences, seminars, forums, and competitions to promote innovation and startups domestically and internationally;

d) Consulting services for the establishment, management, and operation of innovation centers and entrepreneurship; management of Innovation Investment Fund.

dd) Services for providing equipment, laboratory facilities, and shared software to support individuals, organizations, and enterprises in training, research, design, testing, measurement, analysis, evaluation, inspection, and product development of goods, materials, and products.

e) Services for providing shared workspace services, which include workspace, product display space, and amenities to support and connect organizations and individuals operating at the NIC.

g) Auxiliary services for supporting in carrying out the following functions and tasks of the NIC: accommodation services and other support activities for innovation and entrepreneurship;

h) Other services in conformity with functions and tasks of the NIC.

2. The NIC is allowed to use public assets including headquarter and subsidiaries, intellectual property rights, software, and databases of the NIC, or arranged, assigned, managed, and operated to provide services in conformity with functions and tasks of the NIC.

Article 10. Supports of the NIC

The NIC is allowed to attract and support individuals, enterprises; entrepreneurship, innovation; and organizations, individuals, partners engaged in research and development, technology application, investment, production, and business at the NIC's offices in conformity with the NIC's functions and tasks. Startup founders, innovative companies, and startups operating at the NIC, and organizations and individuals supporting innovation shall receive the following supports from the NIC:

1. Carry out administrative procedures during research, investment, business, and commercialization of products and services.

2. Resolve procedures related to visa, work permits, and residency.

3. Promote, attract investment, and connect with the innovation and entrepreneurship ecosystem.

4. Establish offices, research areas, production areas, technology demonstration areas, and use laboratories, testing facilities, inspection facilities, and other amenities of the NIC.

Article 11. Enterprise registration and establishment of industrial property rights

1. Startup founders, innovative companies, and startups operating at the NIC are granted enterprise registration within 01 working day from the date the business registration authority receives a valid enterprise registration application.

2. Startup founders, innovative companies, and startups operating at the NIC are prioritized to complete the procedures for establishing industrial property rights ahead of schedule upon request.

Article 12. Other mechanisms and policies

1. Startup founders, innovative companies, and startups operating at the NIC are eligible for the following mechanisms and policies:

a) They may mobilize and receive funding from state-sponsored research and innovation funding programs, and from domestic and foreign enterprises, organizations, and individuals in accordance with the law to implement ideas based on intellectual property assets, technology, new business models, and the potential for rapid growth.

b) They are entitled to enjoy preferential policies, mechanisms, and streamlined administrative procedures as prescribed by law to carry out innovation and entrepreneurship.

2. The NIC may establish the National Technology Innovation Foundation in the form of an enterprise with the function of mobilizing resources, managing the startup innovation investment fund, and supporting, funding, and investing in innovation and entrepreneurship. The National Technology Innovation Foundation shall operate in conformity with market principles, accepts risks, and ensures transparency and accountability. The Minister of Finance shall approve the proposal for the establishment, charter, and regulations governing the operation of the National Technology Innovation Foundation.

Chapter III

IMPLEMENTATION

Article 13. Responsibilities of authorities

1. The Ministry of Finance shall:

a) Report to the Government and Prime Minister for decision within jurisdiction on preferential mechanisms and policies to promote the operation of the NIC, organizations, individuals operating at the NIC and projects that require special investment attraction to the NIC in conformity with each period and stage of the NIC's development.

b) Direct the NIC in mobilizing legal resources to establish and operate the NIC according to functions and tasks of the NIC.

2. The Ministry of Science and Technology shall:

a) Provide instructions on procedures for industrial property rights prescribed in clause 2 Article 11 of this Decree;

b) Take lead and cooperate with relevant ministers and authorities in provision of instructions on criteria and conditions for innovative companies, and startups to enjoy preferential mechanisms and policies in accordance with the laws on science, technology and innovation.

3. Ministries, ministerial authorities shall cooperate with the Ministry of Finance to support and develop subsidiaries the NIC and connect the operation of innovation and entrepreneurship of the NIC within their jurisdiction.

4. People’s Committees of provinces and central-affiliated cities shall:

a) Support the procedures for arranging locations, establishing, and operating the NIC’s offices located in the local area.

b) Connect operations of local innovative centers with activities of the NIC.

Article 14. Transitional provisions

1. The NIC continues to enjoy preferential policies regarding land rent as prescribed in decisions by the competent authorities and signed contracts for land lease in Hoa Lac High-Tech Park

2. Aids and fundings for the NIC that were approved before the effective date of this Decree shall be managed and used in accordance with Article 8 of this Decree.

3. Aids and fundings the NIC is carrying out acceptance procedures before the effective date of this Decree shall be managed and used in accordance with Article 8 of this Decree.

Article 15. Implementation clause

1. This Decree comes into force from the day on which it is signed.

2. The following Decrees, regulations shall cease to be effective from the effective date of this Decree:

a) Decree No. 94/2020/ND-CP dated August 21, 2020 of the Government on preferential mechanisms and policies for Vietnam National Innovation Center;

b) Article 113 of Decree No. 31/2021/ND-CP dated March 26, 2021 on elaboration of some articles of the Law on Investment.

3. Ministers, Heads of ministerial authorities, Heads of governmental authorities, Presidents of relevant People's Committees of provinces and central-affiliated cities are responsible to implement this Decree.

ON BEHALF OF THE GOVERNMENT PP. PRIME MINISTER DEPUTY PRIME MINISTER Nguyen Chi Dung