Translated by ELITE LAW FIRM
Decree 132/2025 decentralizes key administrative powers in intellectual property, allowing provincial governments to issue practice certificates, certify IP transfers, and organize professional exams for IP representatives. This shift enhances local capacity in IP enforcement and supports innovation at the grassroots level.
Vietnam’s government (the Government) has decentralized a series of authorities in the science and technology sector to provincial and communal levels to streamline the administrative structure, enhance management effectiveness, and promote the role of local governments.
On June 12, the Government issued Decree No. 132/2025, which stipulates the authority of local governments at two levels (provincial and communal) in the state management of the Ministry of Science and Technology.
This is a concrete step to realize the policy of reorganizing the government structure according to a two-tier model, eliminating the district level, with the orientation of “Localities decide – Localities act – Localities take responsibility”.
According to the Decree, 78 tasks will be implemented through decentralization and delegation, including 16 delegated tasks and 62 decentralized tasks. The implementation will be carried out in three phases: preparation in 2025, piloting in 2026, and nationwide application from 2027. A series of tasks and powers previously under the authority of the Ministry of Science and Technology have been delegated or decentralized to local governments; many tasks previously under the Prime Minister’s authority are now entrusted to the Minister of Science and Technology for decision.
The content of decentralization spans various fields: telecommunications, intellectual property, standards – metrology – quality, information technology, digital transformation, atomic energy, innovation, etc.
Specifically, provincial-level People’s Committees are empowered to issue, amend, supplement, re-issue, extend, and revoke licenses for providing non-network infrastructure services and fixed-line telecommunications services. For fixed-line public telecommunications network services without frequency bands or subscriber numbers, if the network scope is within a single province or city, the provincial-level People’s Committee is responsible for licensing.
The authority to require enterprises to cease service provision also lies with the provincial-level People’s Committee that issued the certificate. Furthermore, under decentralization, local governments also have the power to resolve disputes and cease telecommunications business operations; issue certificates of service registration, and receive service notifications; and issue, amend, supplement, and re-issue connection certificates for providing content services on mobile telecommunications networks.
In the field of information technology and digital transformation, provincial-level People’s Committees are authorized to appraise basic designs of Group A IT application projects in their localities; guide and organize the management of IT application investments using state budget capital; and provide information on the network environment regarding socio-economic development strategies and planning within their jurisdiction.
The field of radio frequency is also strongly decentralized to local governments. Provincial-level People’s Committees have the authority to issue, renew, extend, amend, and revoke licenses for the use of frequencies and radio equipment for stations on fishing vessels, amateur stations, and internal networks; process requests for cessation of frequency use; and issue and revoke certificates recognizing training organizations and issuing amateur radio operator and maritime radio operator certificates.
Regarding intellectual property, provincial-level People’s Committees are authorized to record or delete the names of organizations and individuals qualified to practice industrial property representation; issue, re-issue, and revoke practice certificates; issue decisions on compulsory transfer of patent use rights; issue certified copies and re-issue protection titles and certificates of industrial property object transfer contracts; and organize professional examinations for industrial property representation.
In the field of science and technology, provincial-level People’s Committees are authorized to approve and license technology transfer; permit the establishment of foreign-invested science and technology organizations or representative offices, branches in Vietnam; issue, amend, supplement, and re-issue certificates of eligibility for technology assessment and appraisal activities; and certify specialized transport vehicles in production technology lines.
Programs such as the National Technology Innovation Program, science and technology market development, and technology import policies, previously approved by the Prime Minister, are now entrusted to the Minister of Science and Technology. Provincial-level People’s Committees also serve as the lead coordinating body for guiding and training professional skills for high-tech park management boards and are responsible for seeking the Prime Minister’s opinion on technology and products related to high-tech investment projects.
In the field of atomic energy, the provincial level is allowed to issue licenses for the use of PET/CT, SPECT/CT scanning equipment, X-ray emitting equipment used in fluorescence analysis, diffraction, circuit board inspection, electron microscopy, and security screening; and simultaneously receive declarations for these types of equipment.
With standards, metrology, and quality, provincial-level People’s Committees are authorized to issue, re-issue, or revoke certificates of registration for providing inspection, calibration, and testing services for measuring instruments and measuring standards. Communal-level People’s Committees (wards, special zones) are delegated the authority to conduct metrological inspections within their localities, such as measuring instruments and pre-packaged goods; manage product quality; and participate in providing socio-economic information on the network environment.
Deputy Prime Minister Nguyen Chi Dung and Minister of Science and Technology Nguyen Manh Hung visit products at Vietnam Science and Technology Day 2025. Photo: Giang Huy
Decree 132 was issued in the context of reorganizing local government into a two-tier model, instead of the current three-tier model. To avoid legal gaps and management disruption, the Ministry of Science and Technology proactively proposed a decentralization plan to ensure the smooth operation of the administrative system.
The principle for drafting the Decree was to clearly define the jurisdiction and responsibilities of each level of government, avoiding overlap and omission. Local governments will promote their proactivity in governance and take full responsibility for the delegated or decentralized authorities. Strong decentralization also contributes to administrative reform, reducing procedures, shortening processing times, improving the quality of public services, and better meeting the needs of people and businesses.
The Decree is expected to create a fundamental shift in the development of science and technology, innovation, and digital transformation at the local level. When provincial and communal governments are empowered to be proactive, they can flexibly adjust according to actual conditions, thereby promoting sustainable socio-economic development.
The process of drafting the Decree was carried out publicly and transparently, with contributions from 63 provinces and cities, relevant ministries, and appraised by the Ministry of Justice under an expedited procedure.
The Decree is effective from July 1, 2025, to March 1, 2027, unless replaced or extended. This timeframe ensures consistency with the progress of administrative unit rearrangement and provides sufficient time for testing and adjustments during implementation.
With proactivity and flexibility from the grassroots, Decree 132 not only contributes to streamlining the administrative structure and increasing management effectiveness but also opens up new development space for science, technology, and innovation nationwide.
Source: VnExpress
