VCI Legal – January 24, 2026

On 14 October 2025, the Government promulgated Decree No. 268/2025/ND-CP (“Decree 268”) to implement several provisions of the Law on Science, Technology and Innovation concerning innovation programs and activities, science and technology enterprises, and start-up individuals and enterprises. Decree 268 came into force on the date of its issuance and replaced Decree No. 13/2019/ND-CP dated 1 February 2019. The following highlights some of the principal features of Decree 268.

Formalization of Innovation Tasks

For the first time, Decree 268 provides a statutory definition and a structured classification of “innovation tasks” (nhiệm vụ đổi mới sáng tạo). Innovation tasks are categorized across three distinct dimensions.

First, based on their method of formation, innovation tasks may originate from state budget funding, be assigned through governmental orders, or be initiated by organizations and institutions.

Second, with respect to implementation, such tasks may be carried out under national- or ministerial-level programs, or implemented independently while remaining consistent with national innovation orientations and strategies.

Third, in terms of substantive focus, innovation tasks may involve technological development and application, creation and exploitation of intellectual property, improvement of productivity and quality (NSCL), support for start-ups and entrepreneurship, interest-rate subsidy mechanisms, or financial assistance through innovation vouchers and similar instruments.

Science and Technology Enterprise Certificate

To lawfully conduct science, technology and innovation activities under the relevant legal framework, and to qualify for applicable incentives and support measures, enterprises are required to obtain a Science and Technology Enterprise Certificate (“STE Certificate”). The STE Certificate is issued by the provincial People’s Committee of the locality where the enterprise is headquartered, subject to the conditions prescribed under Decree 268.

As a baseline requirement, an applicant enterprise must (i) be duly established and operating in accordance with the Law on Enterprises, and (ii) lawfully own or have the right to use eligible scientific, technological or innovative results specified in Decree 268, such as patents, industrial designs, or layout designs of semiconductor integrated circuits protected in Vietnam, and must commercialize products derived from at least one of such results.

In addition, Decree 268 imposes differentiated and more detailed eligibility criteria depending on the size of the enterprise—namely large enterprises, medium-sized enterprises, and small or micro enterprises. These criteria may relate to research and development expenditure, availability of qualified human resources, and the nature and scale of products derived from innovation results.

Following issuance, compliance with the certification conditions is subject to periodic review every three years. Where an enterprise fails to satisfy the prescribed requirements for three consecutive years, the competent authority may revoke its STE Certificate.

Enterprises holding a valid STE Certificate are entitled to access various preferential regimes and support mechanisms in accordance with applicable laws, including incentives related to investment, public procurement, taxation, credit, land use, and other forms of state support.

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VCI Legal is an award-winning business law firm in Vietnam with a wide range of legal and corporate services, among other things, corporate, banking & finance, tax, labor & HR, real estate and dispute resolution with special focus on international investment disputes, We also offer our specialized type of service called “In-House Counsel Service” with the aim of assisting our clients in dealing with all types of internal and external issues arising from their day-to-day operations and business activities. With our offices in both Hanoi and Ho Chi Minh City, we have a tremendous depth of experience in providing well-reasoned and comprehensive legal advice to not only multinationals and Fortune 500 companies, but also small and medium enterprises.

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