Law on establishment and management of science and technology enterprises under public higher education institutions in Vietnam - 11

CONCLUSION OF CHAPTER 3


Allowing the establishment of science and technology enterprises in public higher education institutions brings many meanings to society and to the public higher education institutions themselves. Accordingly, public higher education institutions can apply and exploit profits from the results of scientific research projects they have conducted and contribute to social life through knowledge transfer and commercialization of products originating from scientific research results; being an effective bridge between higher education institutions - students - enterprises.

However, in the current conditions, in order to create a transparent legal mechanism to facilitate public higher education institutions to establish and manage affiliated enterprises, it is necessary to perfect the legal system and improve the effectiveness of law enforcement on the establishment and management of affiliated science and technology enterprises. Perfecting the legal system and improving the effectiveness of enforcement need to follow the following directions: ensuring consistency in the system of legal regulations; ensuring conformity with Vietnam's economic conditions; ensuring compatibility with international law and meeting the requirements of international integration; and finally, it must be based on the results of scientific research and experience in building laws on administrative procedures.

In Chapter 3, some solutions to improve the law and enhance the effectiveness of law enforcement on the establishment and management of science and technology enterprises under public higher education institutions. Solutions to improve the law include issuing documents guiding the implementation of the Law on Higher Education on the establishment of enterprises under public higher education institutions, the use of assets and land of State origin at public higher education institutions; adjusting some legal regulations on business activities, civil servants and public employees, and science and technology enterprises. In addition, it is necessary to issue a Decree regulating the autonomy mechanism of public higher education institutions to facilitate the establishment of affiliated enterprises, along with providing support policies for the activities of science and technology enterprises under public higher education institutions. Some solutions to improve the effectiveness of law enforcement include establishing policies for the development of science and technology enterprises in public higher education institutions; Raise business awareness for leaders of public higher education institutions; establish connection channels with businesses in the same industry.

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GENERAL CONCLUSION


Law on establishment and management of science and technology enterprises under public higher education institutions in Vietnam - 11

There have been many studies both domestically and internationally that recognize the importance of the enterprise model in higher education institutions as a stepping stone for the development of modern education as well as the general development of innovation. The model of science and technology enterprises under public higher education institutions may still be new at this time, but in the future it will bring strong innovation to higher education in Vietnam. Not only does it solve the problem of applying scientific research into practice, it also creates conditions to promote the general development of public higher education institutions and the socio-economy in general.

With the development of this affiliated enterprise model, Vietnamese law has basically made moves to build legal regulations to serve as a legal basis for implementing the goal of developing the affiliated enterprise model of CSGDĐH, starting with allowing the establishment of enterprises in CSGDĐH according to the capital contribution model. The current legal system on S&T enterprises in Vietnam has regulated the most basic issues to develop S&T enterprises in Vietnam. However, the S&T enterprise model affiliated to public CSGDĐH is quite unique, so in addition to being regulated by the law on S&T enterprises, it is also subject to a number of other legal regulations related to the activities of the public CSGDĐH to which it belongs.

With the support of regulations and policies from the State, science and technology enterprises under public higher education institutions have achieved certain achievements, contributing to the overall development of the science and technology research sector in our country. However, these enterprises still face difficulties arising from overlapping and unclear legal regulations. Although the legal system is not yet complete and there are still problems in the implementation process, it is enough to demonstrate a mindset of readiness to innovate and follow the globalization trend.

Based on the research to clarify the concept of science and technology enterprises under public higher education institutions, analyze current laws on science and technology enterprises under public higher education institutions including regulations on science and technology enterprises and regulations governing the activities of public higher education institutions that affect enterprises.

affiliated. From there, we can see the role and significance of this type of enterprise for the development of public higher education institutions and its contribution to the overall development of society. In addition, the thesis looks at the practice of law enforcement and points out the difficulties that enterprises are facing, recommends some solutions to improve the law and enhance law enforcement on the establishment and management of enterprises affiliated to public higher education institutions.

Due to limitations in capacity as well as research time and the new formation of this type of enterprise, the issues raised in the thesis are only the first steps with the most basic elements. In the process of establishing a science and technology enterprise under a public university, there are still many outstanding issues that need to be resolved such as legal regulations on capital contribution to enterprises, use of capital from the State budget, or laws on transfer and commercialization of intellectual property rights... These issues will be further researched by students in the works following this thesis.

LIST OF REFERENCES


Legal documents:


1. Civil Code No. 91/2015/QH13 dated November 24, 2015.

2. Law on Civil Servants No. 22/2008/QH12 dated November 13, 2008.

3. Enterprise Law No. 59/2020/QH14 dated June 17, 2020. 4. Land Law No. 45/2013/QH13 dated November 29, 2013.

5. Law on Public Investment No. 39/2019/QH14 dated June 13, 2019.

6. Law on Higher Education No. 08/2012/QH13 dated June 18, 2012.

7. Law on Science and Technology No. 29/2013/QH13 dated June 18, 2013.

8. Law on Management and Use of Public Assets No. 15/2017/QH14 dated June 21, 2017

9. Law on Management and Use of State Capital Invested in Production and Business at Enterprises No. 69/2014/QH13 dated November 26, 2014.

10. Law on Civil Servants No. 58/2010/QH12 dated November 15, 2010.

11. Law No. 34/2018/QH14 dated November 19, 2018 amending and supplementing a number of articles of the Law on Higher Education No. 08/2012/QH13.

12. Law No. 52/2019/QH14 dated November 25, 2019 amending and supplementing a number of articles of the Law on Cadres and Civil Servants No. 22/2008/QH12 and the Law on Public Employees No. 58/2010/QH12.

13. Decree No. 13/2019/ND-CP dated February 1, 2019 on science and technology enterprises.

14. Decree No. 80/2007/ND-CP dated May 19, 2007 on science and technology enterprises.

15. Decree 151/2017/ND-CP dated December 26, 2017 detailing a number of articles of the Law on Management and Use of Public Assets.

16. Decree No. 70/2018/ND-CP regulating the management and use of assets formed through the implementation of scientific and technological tasks using State capital.

17. Decree No. 46/2014/ND-CP regulating the collection of land and water surface rents.

18. Decree No. 99/2019/ND-CP dated December 30, 2019 detailing and guiding the implementation of a number of articles of the Law amending and supplementing a number of articles of the Law on Higher Education.

19. Decree No. 60/2021/ND-CP regulating the financial autonomy mechanism of public service units

20. Decree No. 106/2015/ND-CP dated October 23, 2015 on management of representatives of State capital holding management positions at enterprises in which the State holds more than 50%.

21. Decree No. 159/2020/ND-CP dated December 31, 2020 on management of title holders, positions and representatives of State capital in enterprises.

22. Decision No. 68/1998/QD-TTg on permitting the pilot establishment of State-owned enterprises in training and research establishments.

23. Circular No. 301/2016/TT-BTC providing guidance on registration fees.

24. Joint Circular No. 17/2012/TTLT-BKHCN-BTC-BNV amending and supplementing Joint Circular No. 06/2008/TTLT-BKHCN-BTC-BNV dated June 18, 2008 guiding the implementation of Decree No. 80/2007/ND-CP dated May 19, 2007 of the Government on science and technology enterprises.

Vietnamese documents:


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32. Dinh, Thi Hieu. 2019. Improving the efficiency of public asset management at public educational and training institutions . Finance Journal. No. 715. pp. 26-30.

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English Documents:


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Management & Innovation. vol. 8, no. 2. p. 29–30.

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47. Li, He, L. Zhao, Y. 2020. The triple helix system and regional entrepreneurship in China . Entrepreneurship and Regional Development. vol. 32, no. 7-8. p. 508–530. < https://doi.org/10.1080/08985626.2019.1666168 >.

Website:


48. National portal on business registration.

< https://dichvuthongtin.dkkd.gov.vn/inf/default.aspx >

49. UK Research and Innovation (UKRI). < https://www.ukri.org/ >.

50. Higher Education Statistics Agency (HESA).

< https://www.hesa.ac.uk/ >.

51. BK Holdings. < http://www.bkholdings.com.vn/ >.

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