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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 96/2010/ND-CP
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Hanoi, September 20, 2010
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DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF
THE GOVERNMENT'S DECREE NO. 115/2005/ND-CP OF SEPTEMBER 05, 2005, ON THE
MECHANISM OF AUTONOMY AND ACCOUNTABILITY OF PUBLIC SCIENCE AND TECHNOLOGY
ORGANIZATIONS, AND THE GOVERNMENT'S DECREE NO. 80/2007/ND-CP OF MAY 19, 2007,
ON SCIENCE AND TECHNOLOGY ENTERPRISES
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;
Pursuant to the November 29, 2005 Law on Enterprises;
At the proposal of the Minister of Science and Technology,
DECREES:
Article 1.
To amend and supplement a number of articles of the Government's Decree No.
115/2005/ND-CP of September 5, 2005, on the mechanism of autonomy and
accountability of public science and technology organizations, as follows:
1. To amend and supplement Article 4 as follows:
"Article 4. Form of organization and operation
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a/ Science and technology organizations that
self-finance their regular operations (below referred to as self-financing
organizations);
b/ Science and technology enterprises.
2. Scientific research and technological development
organizations and scientific and technological service organizations that are
unable to self-finance their regular operations shall be organized and operate
in either of the forms specified in Clause 1 of this Article or be merged or
dissolved by the end of December 31, 2013, at the latest.
Science and technology organizations that conduct
basic research, strategy and policy research or research and development of
specialized econo-technical norms to serve state management work shall
consolidate their organization and raise their operation effectiveness before
December 31, 2011, in order to receive slate budget funds for their assigned
regular operations.
4. Public scientific research and technological
development organizations and scientific and technological service
organizations established after the effective date of this Decree may receive
state budget funds for their regular operations during their initial period
under Clause 1, Article 7 of this Decree.
5. Science and technology organizations that
implement the mechanism of autonomy and accountability under this Decree remain
to be state science and technological non-business units (unless they are
wholly transformed into science and technology enterprises)."
2. To amend and supplement Clause 1, Article 6 as
follows:
"1. To produce and deal in goods and provide
services in professional areas of science and technology organizations and
other areas under law; to be granted business registration certificates and use
the seal of public non-business unit for production and business activities/
3. To amend and supplement Clause 1, Article 7 as
follows:
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a/ Funds for regular operations
Funds for regular operations, including salaries,
wages and expenses for the operational apparatus of science and technology
organizations, are specified as follows:
- For science and technology organizations defined in
Clause 2. Article 4 of this Decree, these funds shall be allocated in a lump
sum through December 31.2013;
- For science and technology organizations defined in
Clause 3. Article 4 of this Decree, annual funds shall be allocated in a lump
sum;
- For science and technology organizations defined in
Clause 4, Article 4 of this Decree, annual funds shall be allocated in a lump
sum for up to 4 years (or 6 years, for organizations under provincial-level
People's Committees) from the date of their establishment. Competent agencies
shall decide on the levels of to-be-allocated funds on the basis of approved
schemes on establishment of science and technology organizations.
b/ Funds for the performance of tasks, including:
- Function-based regular tasks assigned by competent
agencies under establishment decisions or organization and operation charters or
regulations of these organizations. Annually, science and technology
organizations shall estimate funds for the performance of function-based
regular tasks, including funds for regular operations. For science and
technology organizations that are allocated funds for regular operations in a
lump sum, the State will not include these funds in the funds allocated for the
performance of these tasks;
- State scientific and technological tasks financed
by state funds. Annually, science and technology organizations shall estimate
funds for the performance of scientific and technological tasks to be selected,
including funds for regular operations.
c/ Capital construction investment capital; domestic
capital for projects: and funds for the procurement of equipment and overhaul
of fixed assets.
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4. To amend and supplement the first paragraph,
Clause 2, Article 8 as follows:
"2. Payment of salaries and wages
Science and technology organizations shall pay
salaries and wages not lower than salaries and wages based on salary ranks and
grades, posts and salary allowances (if any) prescribed by the State for
cadres, civil servants and laborers in state organizations and non-business
units. Depending on their financial results and employees' capacity and
qualifications, the actual levels of salaries and wages may be higher than
state-prescribed levels. Salaries and wages of contractual employees shall be
agreed by employers and employees and indicated in contracts as a basis for
payment of social and health insurance premiums, and included in pre-tax reasonable
expenses of science and technology organizations."
5. To amend and supplement Clause 5, Article 9 as
follows:
"5. To enjoy tax incentives, exemption and
reduction like science and technology enterprises."
6. To amend and supplement Point a, Clause 1, Article
13 as follows:
"a/ Heads of science and technology
organizations shall elaborate organization and operation renovation projects
(for those defined in Clauses 1 and 2. Article 4) or organization and operation
consolidation projects (for those defined in Clause 3, Article 4) and submit
them by the deadline specified in Clause 2 or 3. Article 4 of this Decree to
competent state management agencies for approval."
7. To amend and supplement Article 16 as follows:
"Article 16. Responsibilities of the Ministry of Finance
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1. Guide the estimation and allocation of funds for
regular operations of science and technology organizations; guide the
formulation of internal spending regulations, estimation and finalization of
financial operations of science and technology organizations carrying out
production, business and service activities.
2. Stipulate the allocation of funds for regular
operations in a lump sum to science and technology organizations defined in
Clause 3, Article 4 under Clause 1, Article 7 of this Decree.
3. Stipulate the allocation of state assets to
science and technology organizations carrying out production, business and
service activities for management: and the use of state assets for scientific
research and production, business and service activities.
4. Stipulate the contents, norms and procedures for
fund allocation under Points a and b. Clause 1, Article 7 of this Decree."
8. To amend and supplement Clause 2, Article 17 as
follows:
"2. To classify attached science and technology
organizations under the guidance of the Ministry of Science and Technology; to
direct attached science and technology organizations in implementing this
Decree; to approve schemes of attached science and technology organizations
defined in Clauses 1, 2 and 3, Article 4 of this Decree, and urge and examine
the implementation of these schemes;"
9. To add the following Clause 4 to Article 17:
"4. To concentrate development investment in
attached science and technology organizations in the course of implementing the
mechanism of autonomy and accountability, especially those attached to provincial-level
People's Committees."
Article 2.
To amend and supplement a number of articles of the Government's Decree No.
80/2007/ND-CP of May 19, 2007, on science and technology enterprises, as
follows:
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"Major activities of science and technology
enterprises arc to produce and deal in products and commodities turned out from
scientific research and technological development outcomes they arc entitled to
lawfully own and use; and to perform scientific and technological tasks.
Science and technology enterprises shall produce and deal in other products and
commodities and provide other services under law."
2. To add the following Clause 5 to Article 8:
"If satisfying all the prescribed conditions,
enterprises established before the effective date of this Decree may obtain
science and technology enterprise certificates and enjoy incentives for science
and technology enterprises."
3. To amend and supplement Clause 2, Article 10 as
follows:
"2. To enjoy enterprise income tax exemption or
reduction like enterprises newly established from hi-tech, scientific research
and technological development investment projects after they generate
tax-liable incomes provided that turnover from products and commodities
generated from scientific and technological outcomes in the first, second and
third years accounts for 30%, 50% and 70% or more, respectively, of total
turnover of the science and technology enterprise.
Science and technology enterprises are not entitled
to enterprise income tax exemption or reduction in a fiscal year in which they
fail to satisfy the above condition on turnover."
4. To add the following Clause 9 to Article 10:
"9. In addition to other forms of land
allocation and lease under law. science and technology enterprises may select
to use land in either of the following forms:
a/ Leasing land free of rent;
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When the Investment Law and other legal documents
offer higher incentives for science and technology enterprises than those
specified in this Decree, these enterprises are entitled to such higher
incentives."
5. To amend and supplement Clause 3, Article 11 as
follows:
"Cadres and employees of public science and
technology organizations who have signed indefinite work or labor contracts may
continue to sign labor contracts when working in science and technology
enterprises and enjoy salaries based on the enterprises' salary ranks and
grades with salary coefficients equal to or immediately higher than the salary
coefficients they enjoyed before working in science and technology enterprises.
Cadres and employees may enjoy their salary coefficients for up to 18 months
after they move to work in science and technology enterprises if their salaries
in these enterprises are lower than salaries they enjoyed in science and
technology organizations. After this time limit, their salaries will be
re-arranged based on salary grades and tables applicable to the
enterprises."
Article 3.
1. This Decree takes effect on November 6, 2010.
2. The Minister of Science and Technology shall
organize the implementation of this Decree.
3. Ministers, heads of ministerial-level agencies,
heads of government-attached agencies and chairpersons of provincial-level
People's Committees shall implement this Decree.
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