Establishing a spin-off enterprise - Current status of law regulations and complete solutions

Abstract

Vietnam has many legal documents regulating legal issues related to science and technology (S&T) enterprises in general, but technology start-up enterprises (spin-off enterprises) are still not specifically mentioned. This can be considered as one of the biggest barriers for the formation and development of the spin-off business model in Vietnam today. Within the scope of this article, the author analyzes the nature of technology-starting enterprises, analyzes the provisions of the current law related to determining the type of enterprise, contributed capital, personnel and relationships. The relationship between the Institute and the School of establishing a technology-starting enterprise with a technology-starting enterprise (This article only researches Institutes and Schools with scientific research activities funded by the state budget)... detects inadequacies and develops solutions to perfect the provisions of the law. The conclusion of the article is towards amending the Intellectual Property Law 2020, Law on Technology Transfer 2017, Law on Public Property Management 2017, Law on Enterprises 2022, with specific contents such as: (i) It should be noted that this is a non-commercial legal entity, a social enterprise; (ii) No compensation when the State transfers research results to Institutes and Universities; (iii) It is necessary to clearly identify the type of intellectual property when the State transfers the right to the Institute, whether or not it has been registered for protection of intellectual property rights; (iv) Noting the co-working mechanism of officials Institute, School and the role of executive management of spin-off businesses…