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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom – Happiness
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No.
115/2005/ND-CP
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Hanoi,
September 5th, 2005
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DECREES
PROVIDING FOR THE AUTONOMY AND SELF - MANAGEMENT MECHANISM
APPLICABLE TO PUBLIC SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government,
Pursuant to the June 9, 2000 Law on Science and Technology,
At the proposals of the Minister of home Affairs and the Minister of Science
and Technology,
DECREES:
Chapter 1
GENERAL PROVISIONS
Article 1.-
Scope of regulation and objects of application
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This Decree provides for the
mechanism on autonomy and self-management with regard to the tasks, finance and
property, organizational structures and payrolls of public scientific and
technological organizations.
2. Objects of application
Scientific and technological
organizations subject to the application of this Decree are scientific research
organizations, scientific research and technological development organizations,
and scientific and technological service organizations,
that have the legal person
status, their own seals and bank accounts and are established under decisions
of competent state agencies.
Article 2.-
Purposes
The purposes of the autonomy and
self - management mechanism are:
1 . To enhance the
responsibilities and raise the activity, initiative, dynamism and creativity of
scientific and technological organizations and of their heads.
2. To create conditions for
combining scientific research and technological development with production,
business and human resource training, and speed up the socialization of
scientific and technological activities.
3. To create conditions for
making concentrated investment in scientific and technological organizations.
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Article 3.-
Principles
The principles of the autonomy
and self- management mechanism are:
1 . Exercising autonomy must be
coupled with taking self-responsibility for activities of scientific and
technological organizations.
2. Exercising publicity and
democracy in activities of scientific and technological organizations.
3. Efficiently managing and
using resources assigned by the State to, and other resources of, scientific
and technological organizations.
4. Fulfilling with high
efficiency the tasks assigned or ordered by state agencies and tasks of
scientific and technological organizations, ensuring the development of
scientific and technological organizations.
Article 4.-
Organizational and operational transformation
1. Scientific research and
technological development organizations as well as scientific and technological
service organizations that self finance their regular activities may opt to
transform themselves into ones organized and operating in either of the
following two forms:
a/ Self-financing scientific and
technological organizations.
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The organizational models and
operation modes of scientific and technological enterprises, and the process of
transformation into scientific and technological enterprises shall be stipulated
in a separate document of the Government.
2. Scientific research and
technological development organizations as well as scientific and technological
service organizations that are unable to self finance their regular activities
yet, shall, by December 2009 at the latest, have to transform themselves into
ones organized and operating in either of the two forms specified in Clause 1
of this Article, or be merged or dissolved.
3. For scientific research
organizations engaged in basic research or research into strategies and
policies in service of state management, the state budget shall provide funds
for their regular activities according to their assigned tasks; and they shall
be organizationally restructured and consolidated to raise their operation
efficiency.
CHAPTER II
SPECIFIC PROVISIONS
Section 1.
REGARDING TASKS
Article 5.-
Determination and performance of scientific and technological tasks
1 . Based on the State's
orientations for scientific and technological development priorities, demands of
the society and enterprises, as well as their receptive functions, tasks and
operation domains, scientific and technological organizations shall determine
by themselves scientific and technological tasks and measures to perform such
tasks.
2. Based on the lists of
scientific and technological tasks, announced annually by the Ministry of
Science and Technology, ministries, branches and localities, scientific and
technological organizations shall decide by themselves on their participation
in the selection and bidding for the performance of the State's scientific and
technological tasks as well as measures to perform such tasks.
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4. Scientific and technological
organizations may:
a/ Sign contracts on the
performance of ‘scientific and technological tasks or the provision of
scientific and technological services with domestic and foreign organizations
and individuals; cooperate with domestic and foreign organizations and
individuals in the performance of their tasks.
b/ Decide by themselves to
invite foreign experts or scientists into Vietnam or send Vietnamese officials
abroad for working trips.
c/ Decide on the development
investment from loan capital, capital mobilized from domestic and foreign
organizations and individuals, and from their own non-business activity
development funds.
Article 6.-
Production business activities Apart from the above-mentioned provisions of
Article 5, scientific and technological organizations may also:
1 . Produce and trade in goods,
and provide services within their professional domains and other domains
according to the provisions of law; and be granted business registration
certificates.
2. Enter into production joint
venture or cooperation with domestic and foreign organizations and individuals.
3. Directly export and import
technologies, products and goods within their professional domains according to
the provisions of law.
4. Participate in bidding for
the performance of contracts on production of goods and provision of services
in line with their professional domains.
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Article 7.-
Funding sources
Depending on their functions,
tasks and activities, scientific and technological organizations may have the
following funding sources:
1 . Funds allocated by the state
budget, including:
a/ Funds for the performance of
the State's scientific and technological tasks assigned for ordered directly or
through selection or bidding by state agencies, which are allocated by mode of
contracting package on the basis of contracts for the performance of scientific
and technological tasks, entered into between state agencies and scientific and
technological organizations.
b/ Funds for regular activities.
The allocation of regular
activity funds to scientific and technological organizations is stipulated as
follows:
- For scientific and technological
organizations defined in Clause 2, Article 4 of this Decree, competent state
management' agencies shall continue to provide regular activity funds for them
in the period in preparation for organizational and operational transformation
(by December 2009 at the latest) if such organizations have had schemes on
organizational and operational transformation approved in 2006.
- For scientific and
technological organizations defined in Clause 3, Article 4 of this Decree, their
annual regular activity funds shall be allocated by mode of contracting package
according to assigned functions and tasks.
c/ Capital construction
investment capital; project reciprocal capital; funds for the procurement of
equipment and the overhaul of fixed assets.
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2. Revenues from non-business
activities, including charge and fee revenues according to regulations;
revenues from service provision; revenues from scientific research,
technological development and technology transfer contracts; revenues from
production business activities; revenues from other non-business activities (if
any).
3. Other funding sources,
including fixed asset depreciation capital; retained revenues from the
liquidation of assets according to regulations; capital mobilized from
individuals and loan capital from credit institutions; financial support
capital, aid, donations and gifts of domestic and foreign organizations and
individuals; other lawful funding sources provided for by law (if any).
Article 8.-
Use of funding sources
The use of funding sources by
scientific and technological organizations is stipulated as follows:
1 . Regarding expenditures on
performance of scientific and technological tasks
To apply the mode of expenditure
contracting package for the performance đ the State's scientific and
technological tasks (in forms of scientific and technological programs,
subjects and projects) in all domains of scientific and technological
activities (including scientific c and technological tasks under national
target programs, urgently assigned scientific and technological tasks), which
are assigned or ordered directly or through selection or bidding by state
agencies. Scientific and techno- logical organizations may decide by themselves
on the use o~ contracted funds for the performance of their tasks, ensuring the
quality and implementation progress requirements under contracts.
2. Regarding expenditures on
wages Scientific and technological organizations must pay wages and wage-based deductions
to officials, employees and laborers at levels at least equal to those under
the State's regulations on wage ranks and grades and positions.
When the State adjusts the
minimum wage level, wage ranks or grades, or wage-based deductions, scientific
and technological organizations must use their funding sources to pay wages and
wage- based deductions to their officials, employees and laborers according to
the State's adjustment. For scientific and technological organizations defined
in Clause 3, Article 4 of this Decree, competent state management agencies
shall consider the additional allocation of funds to each scientific and
technological organization.
3. Regarding the appropriation
for setting up funds
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The use of funds shall be
decided by heads of to their regulations on internal expenditure.
4. Regarding expenditures on
other activities al For funds allocated from the state budget as provided for
at Point c, Clause 1 , Article 7 and several other funds provided for at Point
d, Clause 1 , Article 7, scientific and technological organizations must abide
by the State's regulations on spending criteria, norms and contents.
The Ministry of Finance shall
provide for a number of State-allocated funds defined at Point d, Clause 1 ,
Article 7, which must comply with the State's regulations on spending criteria,
norms and contents.
b/ Scientific and technological
organizations may decide by themselves on the use of funding sources for
spending on their activities (except for several activities specified in
Clauses 1 , 2 and 3, and item a, Clause 4, of this Article).
5. Regarding expenditures on
increased
For the remaining fund balance
after subtracting all expenditures and appropriations for setting up of funds
according to regulations, scientific and technological organizations may decide
by themselves on the spending thereof on the increase of incomes for
their officials, employees and
laborers according to their regulations on internal expenditure.
Article 9.-
Preferential policies
Scientific and technological organizations
defined at Point a, Clause 1 , Article 4 of this Decree shall be entitled to
the following preferential policies:
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2. Being considered and provided
by competent state agencies with development investment support, for scientific
and technological organizations that meet the prescribed conditions.
3. Being entitled to liquidate
or transfer property they have procured with their own funding sources.
4. Being entitled to open bank
accounts for conducting transactions relating to production business activities
according to regulations.
5. Enjoying interests and
preferential policies applicable to scientific and technological
organizations as well as
preferential policies applicable to newly-established production enterprises.
6. Being entitled to borrow
capital from organizations and individuals, or borrow credit from banks for
investment in production expansion and raising of the quality of their
activities, and having to repay loans according to regulations; being entitled
to use property formed from loan capital for mortgage according to regulations.
7. Being assigned to manage and
use the State's property according to the provisions of law; to use fixed asset
depreciation deduction amounts and proceeds from the liquidation of assets belonging
to state budget capital for addition to their non-business activity development
funds; the fixed asset depreciation deduction amounts and proceeds from the
liquidation of assets belonging to loan capital shall be used to pay loan
principals and interests, the balance (if any) shall be added to the
organizations' non-business activity development funds.
8. Being entitled to contribute
capital with money, property, land use right value and intellectual property
rights in order to carry out scientific and technological activities or
production business activities according to the provisions of law.
Section 3.
REGARDING ORGANIZATIONAL STRUCTURES AND PAYROLLS
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1 . Decide on the restructuring
of organizational apparatuses; establish, merge or dissolve, and define the
functions, tasks, powers and working regulations of, attached divisions and
institutions.
2. Decide on the appointment,
re-appointment, resignation and dismissal of heads and deputy heads of attached
divisions and institutions.
3. Propose personnel and submit
to leaders of superior managing agencies for decision the appointment,
re-appointment or dismissal of deputy heads of their organizations.
Article
11.- Regarding payrolls and recruitment of employees
Heads of scientific and
technological organizations may:
1. Decide on total annual
payrolls of the organizations, based on the personnel demands and financial
capability of their organizations.
2. Decide on the recruitment of
employees in form of recruitment examination or recruitment consideration; sign
labor contracts with new recruits.
3. Sign labor contracts with
employees who had been recruited in payrolls before the effective date of the
Government's Decree No. 116/2003/ND-CP of October 10, 2003, on the recruitment,
employment and management of officials and employees in the State's
non-business units.
4. Sign labor contracts for the
performance of jobs not requiring regular payrolls.
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Heads of scientific and
technological organizations may:
1 . Decide on the arrangement
and employment of officials and employees according to their respective
professional capability and qualifications.
2. Decide on the transfer,
secondment, retirement, severance, and labor contract
termination according to the
provisions of law.
3. Decide on the salary grades
for officials and employees recruited to work in the organizations; decide on
the salary grade promotion on schedule, ahead of schedule or grade skipping
within the same salary rank; decide on the appointment to the employee rank or
the transfer of the employee rank from the major researcher rank or equivalent
and lower ranks.
4. Consider and appoint
officials and employees to leading positions after their apprenticeship, who
are allowed to sign indefinite labor contracts, have worked for three years or
more, and fully meet the conditions as required.
5. Decide on the commendation
and disciplining of officials and employees under their management according to
the provisions of law.
CHAPTER
III
RESPONSIBILITIES OF
HEADS OF SCIENTIFIC ANĐ TECHNOLOGICAL ORGANIZATIONS ANĐ STATE IVIANAGEMENT
AGENCIES
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1. Heads of scientific and
technological organizations have the following responsibilities:
a/ Heads of scientific and
technological organizations defined in Clause 2, Article 4 of this Decree shall
have to formulate schemes on organizational and operational transformation and
submit them to competent state management agencies for approval in 2006.
b/ To coordinate with their
organizations' trade unions in implementing the democracy regulations;
elaborate regulations on internal spending; provide for spending on increased
incomes, bonuses, use of funds, etc., for approval at conferences of officials
and employees, and organize the implementation of these regulations.
c/ To conduct internal
accounting and audit as well as financial statistics and publicity according to
the provisions of law; to preserve the State- invested capital and property and
assure the development of their organizations.
d/ To report on their organizations'
activities according to regulations of superior managing agencies; submit to
examination and inspection by, and provide adequate documents, information and
reports at requests of, competent state agencies.
e/ To direct their organizations
to observe the provisions of law on environmental protection, security, social
order, national safety and secret assurance; implement regimes and policies
towards their organizations' officials and employees, and perform obligations
towards the State according to regulations; attach importance to training, and
raising qualifications of, their organizations officials and employees.
f/ To coordinate with, and
create conditions for, Party organizations and mass organizations in their
organizations to participate in examining and supervising their organizations'
activities.
2. Heads of scientific and
technological organizations shall exercise the rights to autonomy and bear
responsibility for all activities of the scientific and technological
organizations; bear responsibility for errors committed by their organizations;
be commended for their achievements or disciplined for their violations
according to the provisions of law.
3. The process and procedures
for appointment, re-appointment or dismissal of heads of scientific and
technological organizations shall be stipulated by leaders of superior agencies
managing the scientific and technological organizations.
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1. To assume the prime
responsibility for, and coordinate with the Ministry of Home Affairs in,
drawing up plans on the implementation of this Decree and report thereon to the
Prime Minister, and guide ministries, branches and localities in the
implementation thereof or
2. To assume the prime
responsibility for, and coordinate with the Ministry of Finance and the
Ministry of Home Affairs in, formulating and promulgating classification
criteria and documents guiding the classification of scientific and
technological organizations according to the subjects denned in Article 4 of
this Decree; submit to the Prime Minister for decision scientific and
technological organizations denned in Clause 3, Article 4 of this Decree, which
are allocated regular activity funds by the state budget; sum up the
classification results from agencies, ministries, branches and localities, and
report thereon to the Prime Minister in the first quarter of 2006.
3. To assume the prime
responsibility for, and coordinate with the Ministry of Finance in, elaborating
and promulgating documents guiding fund packages as well as pre-acceptance
test, management and use of results of performance of the State's scientific
and technological tasks; submit to the Prime Minister for decision measures to
encourage scientific and technological organizations defined in Clause 2,
Article 4 of this Decree to make organizational and operational transformation
ahead of schedule.
4. To assume the prime
responsibility for, and coordinate with the Ministry of Planning and investment
in, providing conditions for scientific and technological organizations defined
at Point a, Clause 1 , Article 4 of this Decree to be considered for
development investment support.
5. To expeditiously coordinate
with concerned agencies in elaborating and submitting to the Government a
decree on transforming scientific research and technological development
organizations or scientific and technological service organizations into
scientific and technological enterprises in the fourth quarter of 2005.
6. To be answerable to the
Government and the Prime Minister for urging and examining the implementation
of this Decree; to act as a coordinator in settling problems arising in the
process of implementing the Decree and report to the Prime Minister for
settlement problems falling beyond its competence; annually, to assess, draw
experience from, and report to the Prime Minister on, the implementation of the
Decree.
Article 15.-
Responsibilities of the Ministry of Home Affairs
1 . To promulgate documents
guiding the implementation of regulations on payroll, recruitment and
employment of officials and employees in scientific and technological
organizations according to the provisions of this Decree.
2. To promulgate documents
guiding the implementation of regulations on signing of labor contracts with
employees at scientific and technological organizations.
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The Ministry of Finance shall
assume the prime responsibility for, and coordinate with the Ministry of
Science and Technology in, elaborating and promulgating the following
documents:
1. Documents guiding the
formulation of regulations on internal spending, financial estimation and
settlement of scientific and technological organizations engaged in production,
business and service activities.
2. Documents stipulating regular
activity fund packages for scientific and technological organizations defined
in Clause 3, Article 4 according to the provisions of Point b, Clause 1 ,
Article 7 of this Decree.
3. Documents providing for the
assignment for management of state property to scientific and technological
organizations engaged in production, business and service activities.
Article 17.
Responsibilities of ministries, ministerial-level agencies, Government-attached
agencies, provincial municipal People's Committees
1 . To promulgate documents
guiding the implementation of this Decree's provisions relating to their
respective functions and tasks.
2. To classify their attached
scientific and technological organizations under the guidance of the Ministry
of Science and Technology; to direct their attached scientific and
technological organizations to implement the provisions of this Decree; to
approve schemes on transforming organizational structures and operation of
their attached scientific and technological organizations defined in Clause 2,
Article 4 of this Decree, urge and examine the implementation of such schemes.
3. To inspect, examine, settle
complaints and denunciations about matters relating to activities of their
attached scientific and technological organizations according to the provisions
of law; detect, suspend the implementation, or cancel decisions of heads of
their attached scientific and technological organizations, which are contrary
to the provisions of this Decree or relevant legal documents.
Chapter IV
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Article
18.- Implementation effect
This Decree takes effect 15 days
after its publication in "CONG BAO." To annul the previous
regulations which are contrary to those of this Decree.
Article
19.- Implementation responsibilities
1 . The Minister of Defense, the
Minister of Public Security and heads of political organizations and
socio-political organizations shall, based on the characteristics, nature and
operation domains of their attached scientific and technological organizations,
decide on the application of the provisions of this Decree.
2. Ministers, heads of
ministerial-level agencies, heads of Government-attached agencies, and
presidents of provincial municipal People's Committees shall have to implement
this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai