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THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 54/2016/ND-CP
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Hanoi, June 14,
2016
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DECREE
STIPULATING
MECHANISM FOR EXERCISING AUTONOMY OF PUBLIC SCIENCE AND TECHNOLOGY
ORGANIZATIONS
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to the Law on State Budget dated June
25, 2015;
Pursuant to the Law on Management and
Utilization of State-owned Assets dated June 03, 2008;
Pursuant to the Law on Public Employees and
Officials dated November 15, 2010;
Pursuant to the Law on Science and Technology
dated June 18, 2013;
At the request of the Minister of Science and
Technology;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree deals with the mechanism for exercising
the autonomy of public science and technology organizations.
Article 2. Regulated entities
1. This Decree applies to
public science and technology organizations established by competent
authorities prescribed in Points a, b, c, d, dd, e, g Clause 1 Article 12 of
the Law on Science and Technology.
2. Public science and
technology organizations that are higher education institutions shall not be
governed by this Decree.
3. Public science and
technology organizations affiliated to the Ministry of National Defence, the
Ministry of Public Security, political organizations, or socio-political
organizations shall comply with regulations herein and other relevant
regulations.
Article 3. Autonomy of public science and
technology organizations
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2. Public science and
technology organizations are classified according to the levels of their
autonomy in covering recurrent expenditures and investment expenditures. To be
specific:
a) Public science and technology organizations of
which both recurrent and investment expenditures are covered by themselves;
b) Public science and technology organizations of
which recurrent expenditures are covered by themselves;
c) Public science and technology organizations of
which part of recurrent expenditures is covered by themselves;
d) Public science and technology organizations of
which recurrent expenditures are funded by the state budget.
Entire investment expenditures of the public
science and technology organizations mentioned in Points b, c, d of this Clause
shall be funded by the state budget.
Article 4. Duties of public science and
technology organizations funded by the state budget
1. Science and technology
duties:
Science and technology duties funded by the state
budget shall be selected and assigned to public science and technology
organizations by competent authorities in accordance with applicable
regulations.
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a) Functional recurrent duties of public science
and technology organizations are duties which are other than the science and
technology duties prescribed in Clause 1 of this Article, and fall within
functions and duties mentioned in establishment decisions, charters or
regulations on organization and operation of public science and technology
organizations;
b) Functional recurrent duties are ordered or
assigned by competent authorities to public science and technology
organizations, and performed by adopting piecework method which provides
funding for covering costs until end products are finished;
c) Power to approve lists of functional recurrent
duties, explanations, cost estimates and statements of funding for performing
functional recurrent duties:
Heads of level-1 budget estimating units shall have
the power to approve lists of functional recurrent duties, explanations, cost
estimates and statements of funding for performing functional recurrent duties
of public science and technology organizations under their management.
Heads of level-1 budget estimating units may
authorize heads of level-2 budget estimating units to approve lists of
functional recurrent duties, explanations, cost estimates and statements of
funding for performing functional recurrent duties of public science and
technology organizations under the management of level-2 budget estimating
units.
d) Developing, performing, evaluating and accepting
results of functional recurrent duties:
Annually, based on delegated functions and assigned
duties, public science and technology organizations shall make lists of
functional recurrent duties and estimates of funding for performing such
duties, and submit them to competent authorities for considering and giving
approval, and concluding contracts for performance of such duties.
Upon the fulfillment of duties, public science and
technology organizations shall prepare and submit reports on outcomes of
performed duties to competent authorities to evaluate and accept outcomes of
performed duties which shall be used as the basis for deciding whether to
assign duties in the following year or not.
dd) Funding for performance of functional recurrent
duties:
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Limits on expenditures specified in the estimate of
funding for performing functional recurrent duties shall conform to applicable
regulations.
3. Public administrative
services funded by the state budget:
Public science and technology organizations shall
provide public administrative services funded by the state budget according to
the list of public administrative services adopted by the Prime Minister.
The road map for pricing public administrative
services funded by the state budget in the science and technology area shall be
conducted in accordance with regulations laid down in the Government’s Decree
No. 16/2015/ND-CP dated February 14, 2015.
4. Other duties decided and
assigned y competent authorities.
Article 5. Incentive policies for public science
and technology organizations
1. Public science and
technology organizations shall be eligible for tax incentives in accordance
with applicable regulations.
If public science and technology organizations are
eligible to adopt the financial mechanism which also applies to enterprises,
their investment projects in high technology, scientific research and
technological development shall be given CIT incentives and tax exemption or
reduction which are also given to new enterprises. To be specific:
a) They shall apply 10% CIT for 15 years;
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The preferential tax rates prescribed in this
Article shall be applied from the first year in which the public science and
technology organization generates taxable income after the effective date of
this Decree.
2. Public science and technology organizations shall be eligible for credit
incentives. To be specific:
a) They shall be allowed to obtain concessional
investment loans from Vietnam Development Bank (VDB);
b) They shall be allowed to obtain loans from the
National Foundation for Science and Technology Development (NAFOSTED), the
National Technology Innovation Fund (NATIF), funds for science and technology
development of ministries, regulatory authorities and local governments, and
other funds for carrying out science and technology activities in accordance
with applicable regulations;
c) Public science and technology organizations
engaging in production and business or providing services shall be allowed to
obtain loans from credit institutions and raising funds from officials or
public employees working in these public science and technology organizations
so as to invest in expansion and improvement of quality of their production,
business and service activities that fall within their functions and duties.
3. Public science and technology
organizations shall be also eligible to benefit other incentive policies in
accordance with applicable regulations.
Article 6. Financial transactions of public
science and technology organizations
1. Public science and
technology organizations shall be allowed to open deposit accounts at
commercial banks or the State Treasury to reflect operating revenues or
expenses generated or incurred from production and business activities, and
public administrative services not funded by the state budget. Deposit
interests shall become the revenue source of the public science and technology
organization and shall be added to the fund for development of administrative
operations or to other funds in accordance with laws, but shall not be allowed
to be added to the fund for supplementation of income.
2. Public science and
technology organizations shall be allowed to open accounts at the State
Treasury to reflect finances derived from the state budget, revenues generated
from rendering public administrative services funded by the state budget, and
revenues generated from collection of charges in accordance with the law on
fees and charges.
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Article 7. Financial obligations and regulations
on internal expenses of public science and technology organizations
1. Public science and
technology organizations that engage in production and business or render
services shall be required to apply for registration for production, business
and/or service rendering operations, carry out declarations or statements, and pay
taxes and other payables to the state budget (if any) in accordance with
applicable regulations.
2. Public science and
technology organizations shall be charged with establishing and introducing the
regulations on internal expenses in accordance with regulations adopted by the
Ministry of Science and Technology.
Chapter II
AUTONOMY OF PUBLIC SCIENCE AND TECHNOLOGY
ORGANIZATIONS
Article 8. Financial autonomy of public science
and technology organizations that cover their own recurrent and investment
expenses, and of the ones that cover their own recurrent expenses
1. Financial sources:
a) Revenues earned from science and technology
activities, production, business, joint venture and cooperation, and other
legitimate revenue sources;
b) Revenues earned by collecting charges according
to the law on fees and charges, and retained for covering recurrent
expenditures and procurement and major repair of equipment and assets
supporting the charge collection;
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d) Financial resources derived from the state
budget to be allocated by competent authorities to perform non-recurrent
duties, including: Budget for national target programs, other programs,
projects and schemes; collateral funds for execution of projects; investment
and development funding; budget for procurement of equipment used for
administrative operations of projects approved by competent authorities;
financing for performance of unscheduled tasks assigned by competent
authorities;
dd) Capital sources derived from loans, aids and
grants in accordance with laws.
2. Use of financial sources:
a) With regard to public science and technology
organizations prescribed in Point a Clause 2 Article 3 hereof:
- Based on the demand for
investment and capability of balancing financial sources, the
public science and technology organization shall act on its own initiative
in establishing the list of investment projects, and report to competent
authorities for approval. On the basis of the list of approved investment
projects, the public science and technology organization shall decide
which projects will be financed, including issues related to the construction
scale, method, total investment fund, capital source and execution staging in
accordance with applicable regulations on investment. Based on the demand for
development of each public science and technology organization, the Government
shall consider allocating funds to investment projects in progress;
- Public science and
technology organizations shall be allowed to obtain the Government’s
concessional credit loans or interest support for investment projects financed
by loans granted by credit institutions in accordance with applicable
regulations.
b) Public science and technology organizations prescribed
in Points a, b Clause 2 Article 3 hereof shall be entitled to use their own
initiative in taking advantage of financial sources which the autonomy to use
is delegated as stipulated in Points a, b, c Clause 1 of this Article for the
purpose of recurrent expenses. Several expenses shall be specified as
follows:
- Salary expenses: The public
science and technology organization shall pay salary to officials, public
employees and workers based on the salary scale, rank and job positions and
allowances in accordance with the Governmental regulations that apply
to public science and technology organizations. Whenever the Government
makes any change to the statutory pay rate, the public science and technology
organization shall use its own revenues for covering the increased amount of
salary;
- Operating and managerial
expenses:
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As for expenses of which spending limits are not
yet stipulated by competent authorities: Based on the actual condition, the
public science and technology organization shall determine the expense level
relevant to its regulations on internal expenses and take full responsibilities
for its own decision;
- Depreciation of fixed
assets: Depreciation of assets established from the state budget’s funding or
derived from the state budget shall be recorded into the fund for development
of administrative operations.
c) Public science and technology organizations
shall use financial resources prescribed in Points b, d, dd Clause 1 of this
Article to cover their non-recurrent duties in accordance with applicable
regulations.
d) Public science and technology organizations
prescribed in Point a Clause 2 Article 3 hereof are obliged to comply with the
Government’s regulations or their regulations on internal expenses regarding
spending limits, standards and permitted amount of cars to be used; standards
and permitted amount of working accommodations; standards and permitted amount
of working phones used at private houses and mobile phones; regulations on
overseas business trips; regulations on foreign visitor reception and
international conferences organized in Vietnam.
d) Public science and technology organizations
prescribed in Point b Clause 2 Article 3 hereof are obliged to comply with the
Government’s regulations on spending limits, standards and permitted amount of
cars to be used; standards and permitted amount of working accommodations;
standards and permitted amount of working phones used at private houses and
mobile phones; regulations on overseas business trips; regulations on foreign
visitor reception and international conferences organized in Vietnam.
3. Distribution of income:
a) Annually, after posting all expenses into
accounting records, paying taxes and other payables to the state budget, the
positive difference between revenues and recurrent expenses (if any) shall be
used in sequence as follows:
- Set aside 25% used for
establishing the fund for development of administrative operations;
- Set aside the fund for
supplementation of income:
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Public science and technology organizations
prescribed in Point b Clause 2 Article 3 hereof shall establish the fund for
supplementation of income of which the maximum amount shall be restricted to
thrice less than the amount used for the fund for salary or wages by salary
scale, rank or job positions and other salary-based allowances stipulated by
the Government;
- Set aside the reward fund
and the welfare fund of which the maximum amount does not exceed 3-month salary
or wage within a year;
- Set aside other funds in
accordance with applicable regulations;
The establishment of the fund for supplementation
of income, the reward fund and the welfare fund, and other funds and amounts
set aside to establish such funds shall be decided by heads of public science
and technology organizations in accordance with their regulations on internal
expenses and should be widely disclosed within such organizations;
The remaining positive difference between revenues
and expenses (if any) after all funds have been set aside in accordance with
regulations shall be added to the fund for development of administrative
operations.
b) Use of funds:
- The fund for development of
administrative operations serves the following purposes: Investing in
development of facilities, innovating technology, purchasing working equipment
and instruments; improving capability of administrative operations; spending on
application of technological and scientific advances; organizing professional
training for officials, public employees and workers; and putting investments
in joint venture or partnership with domestic and foreign organizations or
individuals (applicable to the public science and technology organization of
which funds conform to regulations) so as to perform production and business
operations relevant to the assigned functions, duties and other expenses (if
any);
- The fund for supplementation
of income serves the purposes of supplementing incomes of officials, public
employees and workers within a year and providing provisions for expenditures
on supplementation of incomes of officials, public employees and workers in the
consecutive year in case incomes are reduced;
Spending on supplementation of incomes of
officials, public employees and workers working for the public science and
technology organization shall stick to the principle that quantity, quality and
efficiency in task performance must be taken into consideration in accordance
with its regulations on internal expenses. The maximum increased income
coefficient applied to those who hold managerial posts in the public science
and technology organization shall be twice less than the increased coefficient
of realized average income paid to officials, public employees and workers
working for such organization.
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- The welfare fund serves the
purposes of developing and repairing welfare facilities; spending on operations
intended for welfare of officials, public employees and workers in the public
science and technology organization; providing subsidies for officials, public
employees or workers faced with unexpected difficulty, even including those who
have retired, or those faced with work incapacity; further spending on severance
pays to officials, public employees and workers in the course of downsizing as
stipulated in its regulations on internal expenses.
4. Application for loan
capital and capital mobilization for investment in facilities:
Public science and technology organizations
prescribed in Point a Clause 2 Article 3 hereof shall be permitted to take out
loans and raise funds for investing in and developing facilities; use assets
established from borrowed funds to mortgage as regulated. Application for
loans, management and use of borrowed funds shall be performed in accordance
with applicable regulations.
5. Requirements, contents and
procedures for adopting the financial mechanism which also applies to
enterprises:
Public science and technology organizations prescribed
in Point a Clause 2 Article 3 hereof shall be allowed to adopt the financial
mechanism which also applies to state-owned enterprises in accordance with
regulations laid down in Article 21 of the Government's Decree No.
16/2015/ND-CP dated February 14, 2015.
Article 9. Financial autonomy of public science
and technology organizations that cover a part of their own recurrent expenses,
and science and technology organizations of which recurrent expenses are
covered by the Government
1. Financial sources:
a) Financial resources derived from the state
budget to perform science and technology duties, functional recurrent duties
and render public administrative services;
b) Financial resources derived from the state
budget to perform non-recurrent duties, including: Budget for national target
programs, other programs, projects and schemes; collateral funds for execution
of projects; investment and development funding; budget for procurement of
equipment used for administrative operations of projects approved by competent
authorities; financing for performance of unscheduled tasks assigned by
competent authorities;
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d) Capital sources derived from loans, aids and
grants in accordance with laws;
dd) Revenues earned from the performance of science
and technology activities, production, business, joint venture and cooperation,
and other legitimate revenues as regulated by applicable laws.
2. Use of financial sources:
a) Public science and technology organizations
shall be entitled to use their own initiative in taking advantage of financial
sources which the autonomy to use is delegated as stipulated in Points a, c, dd
Clause 1 of this Article for the purpose of covering recurrent expenses.
Several expenses shall be specified as follows:
- Salary expenses: The public
science and technology organization shall pay salary to officials, public
employees and workers based on the salary scale, rank and job positions and
allowances in accordance with the Government’s regulations. Whenever the
Government makes any change to the statutory pay rate, the public science and
technology organization shall use its own finances for covering the increased
amount of salary, including use of the supplementary amount distributed by the
state budget;
- Operating and managerial
expenses: Based on assigned tasks and financial capability, the public
science and technology organization shall exercise its autonomy to decide the
level of recurrent operating and managerial expenses but the amount of these
expenses shall be restricted to less than the limit on these expenses adopted
by competent authorities.
b) Public science and technology organizations
shall use financial resources prescribed in Points b, c, d Clause 1 of this
Article to cover their non-recurrent duties in accordance with applicable
regulations;
c) Public science and technology organizations are
obliged to comply with the Government’s regulations on spending limits,
standards and permitted amount of cars to be used; standards and permitted
amount of working accommodations; standards and permitted amount of working
phones used at private houses and mobile phones; regulations on overseas
business trips; regulations on foreign visitor reception and international
conferences organized in Vietnam.
3. Distribution of income:
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Annually, after posting all expenses into
accounting records, paying taxes and other payables to the state budget (if
any) as regulated, the positive difference between revenues and recurrent
expenses (if any) shall be used in sequence as follows:
- Set aside at least 20%, 15%
or 10% used for establishing the fund for development of administrative
operations with respect to public science and technology organizations which
are prescribed in Point c Clause 2 Article 3 hereof and cover more than 70%,
from 30% to less than 70%, or less than 30% of their own recurrent expenses
respectively; set aside at least 5% used for establishing the fund for
development of administrative operations with respect to public science and
technology organizations prescribed in Point d Clause 2 Article 3 hereof;
- Set aside the fund for
supplementation of income which is restricted to 2.5 times, twice, or 1.5 times
less than the amount used for the fund for salary or wages by salary scale,
rank or job positions and other salary allowances stipulated by the Government
with respect to public science and technology organizations which are
prescribed in Point c Clause 2 Article 3 hereof and cover more than 70%, from
30% to less than 70%, or less than 30% of their own recurrent expenses
respectively; set aside the fund for supplementation of income which is
restricted to once less than the amount used for the fund for salary or wages
by salary scale, rank or job positions and other salary allowances stipulated
by the Government with respect to public science and technology organizations
prescribed in Point d Clause 2 Article 3 hereof;
- Set aside the reward fund
and the welfare fund of which the maximum amount does not exceed 2.5-month,
2-month, or 1.5-month salary or wage within a year with respect to public
science and technology organizations which are prescribed in Point c Clause 2
Article 3 hereof and cover more than 70%, from 30% to less than 70%, or less
than 30% of their own recurrent expenses respectively; set aside the reward
fund and the welfare fund of which the maximum amount does not exceed 1- month
salary or wage within a year with respect to public science and technology
organizations prescribed in Point d Clause 2 Article 3 hereof;
- Set aside other funds in
accordance with applicable regulations;
The establishment of the fund for supplementation
of income, the reward fund and the welfare fund, and other funds and amounts
set aside to establish such funds shall be decided by heads of public science
and technology organizations in accordance with their regulations on internal
expenses and should be widely disclosed within such organizations;
The remaining positive difference between revenues
and expenses (if any) after all funds have been established in accordance with
regulations shall be added to the fund for development of administrative
operations.
b) Use of funds:
Public science and technology organizations shall
be entitled to use the fund for development of administrative operations, the
fund for supplementation of income, the reward fund and the welfare fund in
accordance with regulations laid down in Point b Clause 3 Article 8 hereof.
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1. Autonomy to develop plans:
a) With regard to science and technology duties,
and public administrative services not funded by the state budget: Public
science and technology organizations shall establish their own plan to perform
duties, and report to superior regulatory authorities to monitor and inspect
implementation;
b) With regard to science and technology duties,
functional recurrent duties, public administrative services, and other duties
funded by the state budget: Public science and technology organizations shall
establish the plan to perform tasks and report it to superior
regulatory authorities to obtain their approval and decision on the method
for sending this plan to these science and technology organizations for
implementation.
2. Autonomy to organize duty
performance:
Public science and technology organizations shall
exercise their autonomy to:
a) Decide on the method for performing science and
technology duties, functional recurrent duties, public administrative services,
and other duties according to the plan developed by these science and
technology organizations, and the plan assigned by superior regulatory
authorities, and ensure the quality and progress of duty performance;
b) Participate in the selection of entities
performing science and technology duties funded by the state budget;
participate in the bidding for supply of public administrative services
relevant to the expertise of the public science and technology organization
designated by competent authorities;
c) Perform production and business activities, and
render services; form a joint venture or cooperation with organizations and
individuals to perform science and technology duties, production and business
activities, and supply services in accordance with applicable laws;
d) Export or import products, goods and/or
technologies directly so as to serve the performance of science and technology
duties, and supply of public administrative services;
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Article 11. Autonomy to build organizational
structure
1. Public science and
technology organizations shall be allowed to develop the plan to restructure
their component units for submission to competent authorities for consideration
and decision.
2. Public science and technology
organizations prescribed in Point a or Point b Clause 2 Article 3 hereof shall
be allowed to decide the establishment, restructuring and dissolution of their
affiliates other than their component units decided by competent authorities
when they conform to criteria and conditions in accordance with applicable
laws.
3. Public science and
technology organizations prescribed in Point a Clause 2 Article 3 hereof are
required to establish management boards in accordance with regulations laid
down in Article 8 of the Government's Decree No. 16/2015/ND-CP dated February
14, 2015, and guidelines provided by the Ministry of Home Affairs.
Article 12. Autonomy to build personnel
structure
1. Public science and
technology organizations prescribed in Point a or Point b Clause 2 Article 3
hereof shall decide job positions and build the personnel structure by
professional titles, and determine the number of employees relevant to assigned
functions and duties and on the basis of ensuring employment and stable income
of employees working in these organizations.
2. Public science and
technology organizations prescribed in Point c or Point d Clause 2 Article 3
hereof shall determine job positions and build the personnel structure by
professional titles for submission to competent authorities for approval;
submit the proposal for the number of employees on the basis of the average
manning requirements specified in 05 years ago and equal to not more than the
number of employees specified in current manning requirements to competent
authorities for decisions (in respect of public science and technology
organizations which are newly established and operate within less than 05
years, the number of employees shall conform to the average manning
requirements for the whole operating process).
In case a public science and technology
organization has not yet categorized job positions and built the personnel
structure by professional titles, the number of employees shall be determined
on the basis of the average manning requirements specified in previous years
under the instructions of the Ministry of Home Affairs.
3. Public science and
technology organizations shall recruit, manage, use, appoint, discharge, award
professional title grades, implement relevant policies for officials and public
employees, and sign employment contracts in accordance with applicable laws.
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5. Public science and
technology organizations shall be allowed to decide the invitation of foreign
experts and/or scientists to Vietnam to perform science and technology
activities, and appoint their officials or employees to go on overseas business
trips under the delegated authority.
Article 13. Autonomy to manage and use assets
1. Valuation of state-owned
assets to be allocated to public science and technology organizations for
management according to the mechanism for allocation of funds to enterprises:
a) Public science and technology organizations
prescribed in Point a, b, or c Clause 2 Article 3 hereof shall have assets valuated
by competent authorities and allocated to these organizations for management
according to the mechanism for allocation of funds to enterprises;
The public science and technology organization
shall manage and use revenues earned from its production, business, service
provision, joint venture, association and/or leasing of state-owned assets as
follows:
- All revenues from
production, business, service provision, joint venture and/or association of
the public science and technology organization must be recorded in accordance
with applicable regulations on accounting and statistics, and managed and used
according to the corporate-like financial mechanism;
- Revenues from the lease of
state-owned assets of the public science and technology organization must be
separately recorded and used for developing its administrative operations after
deducting reasonable expenses and paying taxes and other financial payables to
the Government.
b) Public science and technology organizations
prescribed in Point d Clause 2 Article 3 hereof shall not be allowed to use
state-owned assets for leasing or serving other business purposes.
2. Public science and
technology organizations shall be allowed to select forms of land allocation or
leasing in accordance with applicable laws on land.
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1. A public science and
technology organization shall be allowed to be transformed into a joint-stock
company upon its satisfaction of the following requirements:
a) It is capable of covering all recurrent
expenditures in the year nearest to the date of transformation or after
completing the transformation;
b) Its name is on the list of entities to be
transformed into joint-stock companies decided by the Prime Minister.
2. Transformation of public
science and technology organizations into joint-stock companies shall follow
the same procedures as the transformation of public administrative units into
joint-stock companies.
Chapter III
IMPLEMENTION
Article 15. Delegating autonomy of public
science and technology organizations
1. Public science and
technology organizations shall develop the plan to exercise their autonomy
which is relevant to their actual conditions, and submit it to superior
regulatory authorities for approval.
Delegation of the autonomy to public science and
technology organizations prescribed in this Decree shall be kept unchanged
within a permitted duration of 3 years. In case revenue sources or tasks of a
public science and technology organization have been changed and this change is
likely to cause any change to its capacity of covering recurrent and investment
expenditures, it shall request the relevant regulatory authority to adjust the
autonomy plan of this organization by the deadline.
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Other regulatory agencies and organizations shall
appraise and give approval for autonomy plans development by public science and
technology organizations under their management in accordance with regulations
herein.
3. Regulatory authorities
prescribed in Clause 2 of this Article are required to complete procedures for
approval for autonomy plans development by public science and technology
organizations under their management by July 01, 2017.
Article 16. Responsibilities of Ministry of
Science and Technology
1. Instruct
public science and technology organizations in determining the degree of
autonomy and developing their autonomy plans in accordance with applicable
laws.
2. Instruct, inspect and
submit annual consolidated report on the implementation of the mechanism for
exercising autonomy of public science and technology organizations nationwide
to the Prime Minister.
3. Play the leading role in
implementing the Program for assistance to science and technology enterprises
and public science and technology organizations in implementing the mechanism
for exercising autonomy.
Article 17. Responsibilities of Ministries,
ministerial-level agencies, Governmental agencies, People's Committees of
provinces and central-affiliated cities
1. The
Ministry of Finance and the Ministry of Home Affairs shall: Instruct public
science and technology organizations in implementing the mechanism for
exercising the autonomy specified herein within their competence.
2. Ministries,
ministerial-level agencies, Governmental agencies, People's Committees of
provinces and central-affiliated cities, and relevant agencies shall instruct
public science and technology organizations under their management in
developing their own autonomy plans for approval; submit annual reports on
implementation to the Ministry of Science and Technology for making and
submitting a consolidated report thereof to the Prime Minister.
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1. Bear responsibility to
direct superior regulatory authorities and take legal liability for decisions
on exercising autonomy of their public science and technology organizations in
accordance with regulations herein.
2. Formulate and implement
regulations on internal expenses, asset use, grassroots-level democracy, financial
disclosure and internal audit in accordance with applicable regulations.
3. Manage, preserve and
develop capital and assets allocated by the State; implement regulations on
accounting, statistics and information, operational reporting and audit in accordance
with applicable regulations.
4. Implement regulations on
operational disclosure and accountability of their public science and
technology organizations in accordance with applicable regulations.
Article 19. Effect
1. This Decree comes into
force as from August 01, 2016.
The Government's Decree No. 115/2005/ND-CP dated
September 05, 2005, and Article 1 of the Government’s Decree No. 96/2010/ND-CP
dated September 20, 2010 shall be null and void from the date of entry into
force of this Decree.
2. Ministers, heads of
ministerial-level agencies, heads of the Governmental agencies, Chairpersons of
People’s Committees of provinces and central-affiliated cities, and relevant
agencies shall implement this Decree./.
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ON BEHALF OF
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc