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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 08/2014/ND-CP
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Hanoi, January
27, 2014
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DECREE
DETAILING
AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON SCIENCE
AND TECHNOLOGY
Pursuant to the Law on organization of
Government dated December 25, 2001;
Pursuant to the Law on Science and Technology
dated June 18, 2013;
At the request of the Minister of Science and
Technology;
The Government issues the Decree detailing and
guiding the implementation of a number of articles of the law on science and
technology;
Chapter 1.
GENERAL PROVISION
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This Decree stipulates in detail and guides the
implementation of Articles 11, 12, 15, 25, 30, 32, 41, 43, 46 and a number of
other necessary issues of the Law on Science and Technology related to the
establishment of technology and science organization, representative offices and
branches of technology and science organization; independent assessment of
technology and science organization; order and procedures for determination and
approval for special scientific and technological tasks; scientific and
technological advisory board, independent consulting organizations or
consultants; inspection and assessment during the implementation of scientific
and technological tasks; assessment of result of implementation of scientific
and technological tasks without using the State budget; development of
scientific and technological market;
Article 2. Subjects of
application
This Decree applies to organizations and
individuals operating in the field of the science and technology and other
organizations and individuals related to scientific and technological
activities in Vietnam;
Article 3. Explanation of terms
In this Decree, the terms below are construed as
follows:
1. Public technology and science organization is an
organization specified by the competent authority at Points a, b, c, d, dd, e
and g, Clause 1, Article 12 of the Law on Science and Technology and is
established and invested by social political organizations;
2. Public technology and science organization is an
organization which is established by Vietnamese enterprises, individuals and
organizations not subject to the provisions in Clause 1 of this Article;
3. Technology and science organization is an
organization which is established or contributed with capital by foreign
organizations and individuals in cooperation with organizations and individuals
in Vietnam;
4. Scientific and technological research is the
scientific and technological tasks whose main contents are exploration,
discovery and learning of nature, rule of things, natural and social phenomena
and thinking; innovative solutions for application in practice, including basic
research, applied research, experimental development research or combination
between basic research, applied research and experimental implementation
research;
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6. Trial production project is the scientific and
technological tasks aimed to apply the result of scientific research and
experimental implementation to test the solutions, methods, models of social
and economic management or trial production at small scale to improve new
technology and products before putting them into production and life.
7. Scientific and technological project is the
scientific and technological tasks to solve the scientific and technological
issues to mainly serve the making of product or group of key and leading
products that impact on raising the technological level of a sector, an area
and have a great effect on the social and economic development of the country;
is implemented in the form of scientific and technological research, trial
production project and scientific and investment projects in science and
technology with the objectives and contents of organic and consistent
association in a certain period of time;
8. Scientific and technological program is the
scientific and technological tasks with a general objective to solve the
scientific and technological issues for development and medium-term or
long-term application of science and technology developed in the form of
combination of scientific and technological researches, trial production
project and scientific and technological project;
9. Potential scientific and technological task is
the scientific and technological research, scientific and technological project
to focus on researching and solving the scientific and technological issues and
requires the high application and prospects of creating and developing new
research direction or new products in the field of science and technology with
priority and national importance.
10. Special scientific and technological task is
the scientific and technological research, scientific project, trial production
project, scientific and technological project with large scale for national
defense, security and great impact on productivity, quality and competitiveness
of national products considered and decided by the National Assembly, the Prime
Minister;
11. Scientific and technological task under the Protocol
is the scientific and technological research, scientific and technological
project, development cooperation, implementation and contribution of fund
between Vietnamese scientific and technological organizations with foreign
partners under written agreement of competent authority of Vietnam and foreign
authority;
12. Functional research task is the scientific and
technological task to ensure the regular research activities of scientific and
technological organization in accordance with function and task specified in
the Charter of organization and operation or documents of competent authority
specifying the functions and duties of scientific and technological
organizations;
Chapter 2.
SCIENTIFIC AND
TECHNOLOGICAL ORGANIZATION
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Scientific and technological organization is
established upon satisfaction of following conditions:
1. Charter of organization and operation
a) Name of scientific and technological
organization includes full name, international transaction name and abbreviated
name (if any) that are written in the letters in the Vietnamese alphabet,
possibly with the letters F, J, Z, W, numerals and symbols that can be
pronounced. The full name includes the form of scientific and technological
organization and its proper name;
The name of organization must be consistent with
the main areas of operation, not overlap with other scientific and
technological organizations, not use words and symbols in violation of
historical, cultural, ethic tradition and habits and customs of the people,
ensure non-infringement of intellectual property rights of organizations and
individuals who are protected in Vietnam.
b) Objectives and line of operation of scientific
and technological organization must not violate the provisions of Article 8 of
the Law on Science and Technology and other relevant legal documents;
c) Head office with address clearly defined by
administrative name, telephone and fax number and e-mail (if any);
d) Representative
dd) Functions, duties and powers of scientific and
technological organization are consistent with the objectives and line of
operation;
e) Area of operation: related to one of the areas
of scientific research and technological development, experimental
implementation, trial production, product making and business as result of
scientific research and technological development, scientific and technological
services;
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g) Organizational structure, duties and powers of
titles of leadership and other organs of scientific and technological
organization;
h) Charter capital of organization including cash
and other assets converted into money; principle of increase and decrease in
working capital and other financial principles;
i) Conditions, order and procedures for merger,
division, separation and dissolution (if any).
k) Commitment to compliance with the law.
2. Human resources for science and technology
a) Each scientific and technological organization
must have at least 05 (five) persons with university degree or higher working
full-time and part-time in which there is at least 30% having professional
skills in accordance with the key areas applied for operation registration and
at least 40% working full-time;
In case of establishment of scientific and technological
organization for development of new science and technology, the scientific and
technological organization must have at least one person with university degree
related to the sector registered for operation working full-time;
b) The head of scientific and technological
organization must have university degree or higher with management experience
and appropriate professional capacity;
For scientific and technological organization as a
university education facility, its head must meet the conditions stipulated by
law on university education;
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Being entitled to own or use head office, workshop,
laboratory, machinery, equipment, intellectual property and other material and
technical facilities to perform the functions and tasks of scientific and
technological organization;
4. For public scientific and technological
organizations, they must be consistent with the network of scientific and
technological organization approved by the Prime Minister;
5. For public scientific and technological
organizations with foreign capital, they must meet the requirement specified in
Clause 3, Article 11 of the Law on Science and technology;
6. The Ministry of Science and Technology shall
make specific guidance on Clauses 1, 2 and 3 of this Article;
Article 5. Authority to
establish, merge, divide, separate and dissolve scientific and technological
organization
1. The competent agencies, organizations and
individuals specified in Clause 1, Article 12 of the Law on Science and
Technology decide the establishment or permit the establishment of scientific
and technological organizations when they meet the conditions specified in
Article 4 of this Decree;
2. The agencies, organizations and individuals that
have the authority to establish scientific and technological organizations have
the authority to merge, divide, separate and dissolve scientific and
technological organizations which they have established;
3. The authority to establish, merge, divide,
separate and dissolve scientific and technological organization as a university
education facility shall comply with regulations of law on university
education;
Article 6. Order and procedures
for establishment of public scientific and technological organization
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2. Dossier to request the establishment of public
scientific and technological organization is made into 02 (two) sets and sent
by post or directly to the competent authorities of establishment specified in
Clause 1, Article 12 of the Law on Science and Technology;
3. Within 05 working days, from the date of receipt
of dossier specified in Clause 1 of this Article, the competent authorities
shall verify the validity of dossier. If it is not valid, the competent
authorities shall give a written notice to the organization preparing dossier
for modification and addition;
4. Within 30 days from the date of receipt of valid
dossier, the following agencies must have their appraisal opinions:
a) Ministry of Science and Technology for the
central public scientific and technological organizations;
b) Service of Science and Technology for other
scientific and technological organizations;
5. Where the Ministry of Science and Technology
establishes the attached scientific and technological organizations, the
Minister of Science and Technology shall set up an inter-agency Council for
appraisal. The Council consists of scientists, managers, legal experts. The
representative of Science and Technology does not exceed 1/3 of the Council’s
total members;
6. Within 15 working days from the date of receipt
of written appraisal, the competent authority of establishment shall consider
and decide the establishment. In case of refusal to establish the scientific
and technological organization, the competent authority shall send written
notice to organizations and individuals stating the reasons;
7. Order and procedures for establishment of
scientific and technological organization as a university education facility;
the appraisal of establishment of public university education facility must
have the participation of the Ministry of Science and Technology;
Article 7. Order and procedures
for establishment of scientific and technological organization with foreign
capital and non-public scientific and technological organization
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a) Application for establishment of scientific and
technological organization under the form specified by the Ministry of Science
and Technology;
b) Documents certifying the legal status of foreign
organizations;
c) Judicial records of the head of scientific and
technological organization with foreign capital;
d) Draft Charter of organization and operation;
dd) Establishment project of scientific and
technological organization includes the explanation about the necessity of
establishment, conformity with strategy and plan for scientific and
technological development and economic development of Vietnam, objectives,
contents, areas, operating range of science and technology in Vietnam; scale
investment; anticipation of human resources of science and technology;
financial analysis (if any);
e) Documents evidencing the satisfaction of
conditions specified in Article 4 of this Decree;
g) Document of Peoples’ Committee of provinces and
centrally-affiliated cities where the organization’s head office is located
approves the location of head office of scientific and technological
organization;
h) Audited financial statement or other documents
of equal value in the latest financial year of the organization or individuals;
Documents in dossier specified in this Clause in
foreign language must be translated in Vietnamese language;
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2. Order and procedures for establishment of
scientific and technological organization with foreign capital include:
a) Dossier is made into 02 (two) sets sent by post
or directly to the Ministry of Science and Technology;
b) Within 05 working days from the date of receipt
of dossier specified in Clause 1 of this Article, the Ministry of Science and
Technology shall verify the validity of dossier. If it is not valid, the
Ministry of Science and Technology shall give a written notice to the
organization preparing dossier for modification and addition;
If the dossier is valid, the Ministry of Science
and Technology shall send it to the Ministries, sectors and agencies concerned
for their opinions;
c) Within 15 working days from the date of receipt
of dossier for establishment of scientific and technological organization with
foreign capital, the Ministries, sectors and agencies concerned shall give
written opinions and take responsibility for the contents under their
management functions;
d) Within 45 days, from the date of receipt of
valid dossier, the Minister of Science and Technology shall decide the
establishment and approve the Charter of organization and operation of the
scientific and technological organization with foreign capital, photocopy and
send the Decision on permitting the establishment of scientific and
technological organization with foreign capital to the Ministry of Planning and
Investment, Ministry of Finance, Ministry of Foreign Affairs, Ministry of
Public Security, the People's Committees of provinces and centrally-affiliated
cities where the organization is approved for location of its head office;
dd) In case of disapproval, the Ministry of Science
and Technology shall send a written notice to the organizations and individuals
stating the reasons;
e) Within 90 days, from the date of decision on
permitting the establishment, the scientific and technological organization
with foreign capital shall conducts its establishment;
3. Organizations and individuals decide the
establishment of their non-public scientific and technological organization.
For the non-public scientific and technological organization as a university
education facility, its establishment shall comply with the regulations of law
on university education;
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1. The Ministry of Science and Technology shall
issue the Certificate of scientific and technological operation registration to
the scientific and technological organization specified by agencies at Points
a, b, c, d, dd and e, Clause 1 of the Law on Science and Technology and is
established by the Central political organizations, social-political
organizations, social-occupational organizations, the scientific and
technological organization with foreign capital and the scientific and
technological organization as university education facility;
2. Service of Science and Technology where the head
office of scientific and technological organization is located issues the
Certificate of scientific and technological operation registration to the
scientific and technological organization not subject to the provisions in
Clause 1 of this Article;
3. The agency which has the authority to issue
issues the Certificate of scientific and technological operation registration
also has the authority to change or add this Certificate, suspend or annul the
validity of the issued Certificate;
Article 9. Order and procedures
for scientific and technological operation registration
1. Dossier for registration of scientific and
technological organization includes:
a) Application for scientific and technological
operation registration;
b) Decision on establishment of scientific and
technological organization;
c) Curriculum vitae of the head of scientific and
technological organization;
d) Charter of organization and operation which has
been approved by the agencies, organizations and individuals;
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Organizations and individuals registering the
scientific and technological operation are responsible before law for the
contents declared in the dossier specified in this Clause;
2. Order and procedures for scientific and
technological operation registration include:
a) Dossier for scientific and technological
operation registration is made into 02 (two) sets and sent by post or directly
to the competent authority for scientific and technological operation
registration specified at Article 8 of this Decree;
b) The competent authority for issue of Certificate
of scientific and technological operation registration shall check the dossier.
If the dossier is not complete as stipulated in Clause 1 of this Article,
within 05 working days from the date of receipt of dossier, the competent
authority for scientific and technological operation registration must give a
written notice to the organizations and individuals for modification or
addition;
c) Within 15 working days, from the date of full
receipt of dossier as stipulated in Clause 1 of this Article, the competent
authority shall issue the Certificate of scientific and technological operation
registration. If the dossier for scientific and technological operation
registration is not approved, the competent authority for scientific and
technological operation registration shall send a written notice to the
organizations and individuals stating the reasons;
3. Minister of Science and Technology issues the
form of the Certificate of scientific and technological operation registration,
the form of document of dossier for scientific and technological operation
registration.
Article 10. Order and
procedures for change, addition and re-issue of Certificate of scientific and
technological operation registration
1. In case of change and addition of Certificate of
scientific and technological operation registration, dossier includes:
a) Application of scientific and technological
organization;
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c) Certificate of scientific and technological
operation registration issued;
2. In case of re-issue of Certificate of scientific
and technological operation registration, dossier includes:
a) Application of scientific and technological
organization;
b) Certification of police authority, receipt of
news agencies posting announcement of loss of Certificate of scientific and
technological operation registration or the Certificate of scientific and
technological operation registration has been issued if it is torn;
3. Dossier for change, addition and re-issue of
Certificate of scientific and technological operation registration is made into
02 (two) sets and sent by post or directly to the competent authority for
scientific and technological operation registration specified in Article 8 of
Decree;
Within 10 working days, from the date of full
receipt of dossier as provided for in Clause 1 and 2 of this Article, the
competent authority shall consider and issue the Certificate of scientific and
technological operation registration. In case of disapproval, the competent
authority for scientific and technological operation registration shall send a
written notice to the organizations and individuals stating the reasons;
Article 11. Responsibility for
registration and report on scientific and technological operation
1. Within 60 days, from the date of establishment,
the scientific and technological organization must register its scientific and
technological operation at the competent State authority specified in Article 8
of this Decree;
2. Scientific and technological organizations which
fail to register the scientific and technological operation as stipulated in
Clause 1 of this Article shall not be permitted to implement the scientific and
technological duties with the state budget, investment and support and shall be
handled in accordance with law;
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Article 12. Suspension and
annulment of validity of Certificate of scientific and technological operation
registration
1. Certificate of scientific and technological
operation registration whose validity is suspended within 06 months in the
following cases:
a) Scientific and technological organization fails
to come into operation upon the excess of 12 months from the date of issue of
Certificate of scientific and technological operation registration;
b) Stopping its operation exceeding 12 consecutive
months without any plausible reason;
c) Failing to annually report the operation to the
authority issuing the Certificate of scientific and technological operation
registration for 02 consecutive years;
d) Failing to satisfy the conditions specified in
Article 4 of this Decree within 12 consecutive months;
dd) Failing to register for change, addition or
re-issue of Certificate of scientific and technological operation registration
within 12 months from the date of change, addition or loss of Certificate of
scientific and technological operation registration;
2. Certificate of scientific and technological
operation registration is annulled in the following cases:
a) Falsifying the contents declared in dossier to
be issued the Certificate of scientific and technological operation
registration;
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c) Under the decision and proposal of competent
authorities when the scientific and technological organization commits acts of
violation in its activities;
3. Agencies issuing Certificate of scientific and
technological operation registration has the right to suspend and annul the
validity of Certificate of scientific and technological operation registration
and give a written notice to provincial People’s Committee where the head
office of scientific and technological organization is located and make an
announcement on the website of agency issuing Certificate of scientific and
technological operation registration;
Article 13. Merger of
scientific and technological organization
1. One or a number of scientific and technological
organizations (hereafter referred to as merged scientific and technological
organization) may be merged with another scientific and technological
organization (hereafter referred to as merging scientific and technological
organization) by transferring all legal assets, rights and interests to the
merging scientific and technological organization and simultaneously
terminating its existence and erasing its name in registration book for the
merged scientific and technological organization;
2. Merger procedures
a) Relevant scientific and technological
organizations shall prepare the merger agreement and draft of Charter of
organization and operation of the merging scientific and technological
organization. The merger agreement must have main contents such as name,
address of main head office of the merging scientific and technological
organization; name, address of main head office of the merged scientific and
technological organization; procedures and conditions for merger; plan for
labor employment; procedures, time limit and conditions for transfer of assets
and contributed capital of the merged scientific and technological organization
into the contributed capital of the merging scientific and technological
organization; time limit for merging implementation;
b) Organizations and individuals establish the
relevant scientific and technological organizations under the merger agreement,
the Charter of organization and operation of the merging scientific and
technological organization and conduct the registration of change of
Certificate of scientific and technological operation. In this case, dossier
for registration of scientific and technological operation must be enclosed
with the merger agreement. The merger agreement must be sent to all creditors
(if any) and notified to the employees within 15 working days from the date of
adoption;
c) After registering the scientific and
technological operation, the merged scientific and technological organization
shall terminate its existence and the merging scientific and technological
organization shall be entitled to legal rights and interests and take
responsibility for unpaid debts, labor contracts and other asset obligations of
the merged scientific and technological organization;
Article 14. Division of
scientific and technological organization
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2. Procedures for division of scientific and
technological organization
Organizations and individuals establish the divided
scientific and technological organization through the decision on division of
scientific and technological organization in accordance with provisions of this
Decree and the Charter of organization and operation of competent authority for
establishment of scientific and technological organization. The decision on
division of scientific and technological organization must have main contents
of name, head office of the divided scientific and technological organization;
name of scientific and technological organization to be established; principles
and procedures for division of assets of scientific and technological
organization; plan for labor employment, time limit and procedures for transfer
of contributed capital of the divided scientific and technological organization
to the newly-established scientific and technological organization; principles
for dealing with the obligations of the divided scientific and technological
organization; time limit for division of scientific and technological
organization;
Decision on division of scientific and
technological organization must be sent to all creditors (if any) and notified
to the employees within 15 working days, from the effective date of this
Decision;
3. The divided scientific and technological
organization shall terminate its existence after the new scientific and
technological organization is registered its scientific and technological
operation. The new scientific and technological organizations must jointly take
responsibility for unpaid debts (if any), labor contract, recruitment decision
and other asset obligations of the divided scientific and technological
organization or agreement with creditors (if any). The customers and employees
shall let one of those scientific and technological organizations perform these
duties;
4. The new scientific and technological
organizations established after the division must meet the conditions, order
and procedures for establishment of scientific and technological organization
and conduct the registration of scientific and technological operation as
stipulated in this Decree. In this case, the dossier for scientific and
technological operation registration must be enclosed with the Decision on
division of scientific and technological organization;
Article 15. Separation of
scientific and technological organization
1. Scientific and technological organization may be
separated by transferring a portion of its current assets (hereafter referred
to as separated scientific and technological organization) to establish one or
a number of new scientific and technological organizations (hereafter referred
to as separating scientific and technological organization); transferring a portion
of rights and obligations of the separated scientific and technological
organization to the separating scientific and technological organization
without terminating the existence of separated scientific and technological
organization;
2. Procedures for separation of scientific and
technological organization
Organizations and individuals establish the
separated scientific and technological organization through the decision on
separation of scientific and technological organization in accordance with provisions
of this Decree and the Charter of organization and operation of scientific and
technological organization. The decision on division of scientific and
technological organization must have main contents of name, head office of the
separated scientific and technological organization; name of separating
scientific and technological organization to be established; plan for labor
employment, asset value and rights and obligations transferred from the
separated scientific and technological organization to the separating
scientific and technological organization; time limit for separation of
scientific and technological organization. The Decision on separation of
scientific and technological organization must be sent to all creditors (if
any) and notified to the employees within 15 working days, from the effective
date of Decision;
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4. The newly-established scientific and
technological organization after the separation must satisfy the conditions,
order and procedures for establishment of scientific and technological
organization and conduct the scientific and technological operation
registration as stipulated in this Decree. In this case, the dossier for
scientific and technological operation registration must be enclosed with the
Decision on separation of scientific and technological organization;
Article 16. Dissolution of
scientific and technological organization
1. Dissolution of scientific and technological
organization is the termination of its operation. The dissolution of scientific
and technological organization is done in the following cases:
a) End of operation duration stated in the Charter
of organization and operation of scientific and technological organization
without the extension decision;
b) Under the decision of competent agencies,
organizations and individuals;
c) The Certificate of scientific and technological
operation registration is invalidated;
2. The scientific and technological organization is
only dissolved if ensuring the pay-off of debts and other asset obligations;
3. Order and procedures for dissolution of
scientific and technological organization
a) Organizations and individuals having the
authority to establish scientific and technological organization shall decide
the dissolution of scientific and technological organization. The decision on
dissolution must have main contents such as the name, head office of scientific
and technological organization, reason for dissolution, time limit, procedures
for contract closeout and payment of debts of scientific and technological
organization (if any); the time limit for payment of debts and contract
closeout must not exceed 06 (six) months, from the effective date of decision
on dissolution; settlement plan for obligations arising from labor contract,
recruitment decision; full name and signature of legal representative of
scientific and technological organization; organizations and individuals
establishing the scientific and technological organization shall liquidate its
assets, except for the case that the Charter of organization and operation of
scientific and technological organization regulates the establishment of its
own liquidation organization;
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The decision on dissolving the scientific and
technological organization must be published on at least one printing newspaper
at the locality where the head office is located in 03 (three) consecutive
issues or on the website of Ministries, sector or province where the head
office is located;
c) Within 10 working days, from the date of payment
of all debts of the scientific and technological organization, its legal
representative shall send the announcement concerning the completion of
obligations specified at Point b of this Clause and the Certificate of
scientific and technological operation registration to the registering agency
of scientific and technological operation. Within 10 working days, from the
date of full receipt of valid dossier, the registering agency of scientific and
technological operation shall erase the name of scientific and technological
organization in the book of scientific and technological operation
registration;
Article 17. Merger, division,
separation and dissolution of scientific and technological organization as a
university education facility
The merger, division, separation and dissolution of
scientific and technological organization as a university education facility
shall comply with regulations of law on university education. For case of
division and separation, the provisions in Article 6 of this Decree on order
and procedures appraisal upon the establishment of scientific and technological
organization shall apply;
Article 18. Establishment of
attached scientific and technological organization in foreign country
1. The Vietnamese scientific and technological
organization, upon establishment of attached scientific and technological
organization in foreign country, must submit application accompanied with
proving documents to satisfy the following requirements:
a) Having plan for establishment of attached
scientific and technological organization in foreign country;
b) Completely fulfilling financial obligations for
the State;
c) Not violating the prohibitions of the Law on
Science and Technology and other relevant legal documents;
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2. Within 30 days, from the date of receipt of
application and accompanied documents, the Ministry of Science and Technology
shall give a written notice of satisfaction of requirements specified in Clause
1 of this Article for sending to the competent authority. The authority, order
and procedures for establishment of attached scientific and technological
organization in foreign country shall comply with regulations of law on
cooperation and investment with foreign country in the area of science and
technology;
3. Within 30 days, from the date of permitted
establishment of attached scientific and technological organization in foreign
country, the scientific and technological organization as specified in Clause 1
of this Article must notify the Ministry of Science and Technology;
Article 19. Representative
office and branch of scientific and technological organization
1. Representative office is an attached unit of the
scientific and technological organization, represents under the authorization
the interests of scientific and technological organization and protects these
interests;
2. Branch is an attached unit of scientific and
technological organization, performs a part or the whole of functions of
scientific and technological organization, including the representative
function under the authorization;
3. Representative office and branch of scientific
and technological organization without legal status must not establish their
attached representative office and branch. The operating area of representative
office and branch must be consistent with the areas of operation of the
scientific and technological organization;
Article 20. Conditions for
establishment and operation registration of representative office and branch of
the domestic scientific and technological organization
1. Conditions for establishment of representative
office and branch
a) Areas of operation of the representative office
and branch must be in line with the operating area of scientific and
technological organization;
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c) The representative office must have at least 02
(two) person with college degree or higher; the branch must have at least 03
(three) persons with university degree or higher, in which there is at least 01
(one) person with expertise in key areas for operation registration. The head
of branch must have university degree and work full-time at the representative
office and branch;
d) The representative office and branch must have
their head office as for the scientific and technological organization
specified in this Decree;
2. The scientific and technological organization
shall register the operation of its representative office and branch at the
Service of Science and Technology where the representative office and branch
are located. The dossier for registration is made into 02 (two) sets,
including:
a) Application for operation registration;
b) Decision on establishment of representative
office and branch;
c) Curriculum vitae of the head of representative
office and branch;
d) Documents proving the manpower, head office of
representative office and branch;
dd) Copy (with legal certification) of scientific
and technological operation registration of the scientific and technological
organization;
3. Within 15 working days, from the date of full
receipt of valid dossier, the Service of Science and Technology shall issue the
Certificate of operation of representative office and branch and reply in
writing to the organizations and individuals stating the reasons in case of
disapproval;
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5. The Ministry of Science and Technology shall
give a specific guidance on documents in the dossier for operation registration
of representative office and branch of the scientific and technological
organization specified in Clause 2 of this Article and the form of Certificate
of operation of representative office and branch;
Article 21. Conditions, order
and procedures for establishment of representative office and branch in Vietnam
of foreign scientific and technological organization
1. The foreign scientific and technological
organization shall be entitled to establish its representative office
and branch in Vietnam when meeting the conditions specified in Clause 2,
Article 15 of the Law on Science and Technology;
These representative office and branch must satisfy
the conditions specified in Clause 1, Article 20 of this Decree;
2. Dossier for issue of representative office Establishment
Permit in Vietnam of the foreign scientific and technological
organization includes:
a) Application for issue of representative
office Establishment Permit signed by the authorized representative of foreign
scientific and technological organization;
b) Copy of Certificate of operation registration or
papers with equivalent value of the foreign scientific and technological
organization certified by the competent authority of establishment. If the
Certificate of operation registration or papers with equivalent value specify
the duration of operation of foreign organization, that duration must remain at
least 01 year;
c) Audited financial statements or other documents
with equivalent value of the last financial year of the scientific and
technological organization;
d) Copy of Charter of organization and operation of
the foreign scientific and technological organization;
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e) Written approval of provincial People’s
Committee concerning the permitted location of representative office;
Papers specified at Points b, c, d and dd of this
Clause must be translated into Vietnamese and legalized by the Consulate;
3. Dossier for issue of branch establishment Permit
in Vietnam of scientific and technological organization includes:
a) Application for issue of branch establishment Permit
signed by the authorized representative of scientific and technological
organization;
b) Copy of Charter of organization and operation of
branch specifying the scope of authorization for the head of branch
c) Copy of Certificate of operation registration or
papers with equivalent value of the foreign scientific and technological
organization certified by the competent authority of the place where that
organization is established or registered its operation. If the Certificate of
operation registration or papers with equivalent value specify the duration of
operation of organizations and individuals, that duration must remain at least
03 years;
d) Audited financial statements or other documents
with equivalent value of the last financial year of the scientific and
technological organization;
dd) Judicial record of the head of branch of
foreign scientific and technological organization;
e) Written approval of provincial People’s
Committee concerning the permitted location of branch;
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4. Order and procedures for establishment of
representative office and branch in Vietnam of the foreign scientific and
technological organization include:
a) Dossier for issue of representative office and
branch establishment Permit of the foreign scientific and technological
organization is made into 02 (two) sets and sent to the Ministry of Science and
Technology;
b) Within 60 days, from the date of full receipt of
valid dossier, the Ministry of Science and Technology shall issue the foreign
scientific and technological organization with the representative office and
branch establishment Permit and send the copy of Permit to the Ministry of
Industry and Trade, Ministry of Foreign Affairs, Ministry of Public Security,
the People's Committees of provinces and centrally affiliated cities where the
head office of representative office and branch is located;
c) If the dossier is not valid, within 05 working
days, from the date of receipt of dossier, the Ministry of Industry and Trade
shall give a written notice to the foreign scientific and technological
organization for addition and completion of dossier;
d) In the process of reviewing applications for
issue of Permit, if find it necessary, within 10 working days, from the date of
full receipt of valid dossier of the organization, the Ministry of Science and
Technology shall assume the prime responsibility for and coordinate with the
Ministries and agencies concerned to verify the dossier for establishment;
dd) In the process of reviewing applications for
issue of Permit, the Ministry of Science and Technology has the right to
require the foreign scientific and technological organization to produce the
relevant documents to clarify the information in the dossier;
e) In case of ineligibility for issue of representative
office and branch establishment Permit, the Ministry of Science and Technology
must give a written notice to the foreign scientific and technological
organization stating the reasons;
5. The Ministry of Science and Technology shall
give a specific guidance on the form of application for issue of representative
office and branch establishment Permit specified at Point a, Clause 3 of this
Article and the form of representative office and branch establishment Permit
in Vietnam of the foreign scientific and technological organization specified
at Point b, Clause of this Article; the procedures for re-issue, renewal,
change, addition, suspension or invalidation of representative office and
branch establishment Permit;
Article 22. Rights and obligations
of representative office and branch in Vietnam of the foreign scientific and
technological organization
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a) Being protected their legal rights and interests
by Vietnam State under Vietnam law and international agreements in which the
Socialist Republic of Vietnam is a member;
b) Having seal bearing the name of representative
office and branch of the foreign scientific and technological organization
under the current regulations of other relevant laws;
c) Leasing head office, buying means and items
necessary for the operation of representative office and branch;
d) Opening account in foreign currency or Vietnam
dong at the banks permitted to operate in Vietnam and only using these accounts
in activities of representative office and branch;
dd) Recruiting employees as Vietnamese or
foreigners to work at the representative office and branch under other relevant
laws;
e) Other rights under regulations of law on science
and technology and other relevant laws;
2. The representative office and branch have the
following obligations:
a) Operation in accordance with contents and areas
of operation as specified in the establishment Permit;
b) Registration for change, addition, re-issue and
renewal of establishment Permit under other relevant laws;
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d) The head of representative office and branch of
the foreign scientific and technological organization in Vietnam shall perform
duties under the authorization of the foreign scientific and technological
organization within the scope and duration of the authorization;
dd) Other duties under regulations of law on
science and technology and other relevant laws;
Article 23. Establishment of
representative office and branch of Vietnamese scientific and technological
organization in foreign country
1. Scientific and technological organization
wishing to establish its representative office and branch in foreign country
shall submit application with documents proving the satisfaction of the
following requirements:
a) Having the time of operation of at least 03
years to the time of request for establishment of branch and having the time of
operation of at least 01 year to the time of request for establishment of
representative office;
b) Having plan for establishment of representative
office and branch in foreign country with feasibility and clear direction of
operation in accordance with Vietnamese laws;
c) Abiding by regulations on annual operation
report of the agency issuing the Certificate of scientific and technological
operation registration and other duties for the State;
d) Abiding by regulations of law on cooperation and
investment with foreign country in the area of science and technology. Not
violating the prohibitions of law on science and technology and other relevant
laws;
2. Within 30 days, from the date of receipt of
application and accompanied documents, the Ministry of Science and Technology
shall give a written notice of satisfaction of requirements specified in Clause
1 of this Article;
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Article 24. Independently
evaluating the scientific and technological organization
1. The independent evaluation and ranking of
scientific and technological organization shall be done by organizations and
individuals or under contracts with other organizations and individuals;
2. Organizations and individuals independently
evaluating and ranking the scientific and technological organization must
comply with the provisions in Clause 3, Article 16 of the Law on Science and
Technology;
3. Criteria and method of evaluating the scientific
and technological organization shall be developed and publicly publicized on
mass media;
4. Capacity for evaluating and ranking scientific
and technological organization of organizations and individuals independently
evaluating must be publicized on mass media;
5. Where the organizations and individuals perform
the evaluation and ranking for the scientific and technological organization
under contract, the rights and obligations of parties shall comply with the
provisions in the contract;
Chapter 3.
SCIENTIFIC AND
TECHNOLOGICAL DUTIES
Article 25. Scientific and technological
tasks using central budget
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a) Having the importance for the social and
economic development, national defense, security nation-wide; the important
role in improving the national scientific and technological potential;
b) Settling scientific and technological issues
related to sectors, areas and inter-region;
c) Mobilizing national resources, possibly the
participation of scientific and technological sectors;
2. The scientific and technological tasks using the
central budget include:
a) National scientific and technological program
includes: National key scientific and technological program and other national
key scientific and technological programs;
b) National scientific scheme;
c) National scientific and technological research;
d) National trial production project;
dd) National scientific and technological project;
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g) Scientific scheme, scientific and technological
research, special scientific and technological project;
h) Scientific and technological research, national
potential scientific and technological project;
i) National scientific and technological tasks of
special importance to settle the urgent requirement of the nation on security,
national defense, natural disaster, epidemics and scientific and technological
development;
3. Scientific and technological tasks using the
central budget shall be approved and signed contract for implementation by the
Minister of Science and Technology, except for the case specified in Clause 4
of this Article;
4. Special scientific and technological tasks shall
be approved in the order and procedures as provided for in Article 30 of this
Decree.
Article 26. Scientific and
technological tasks using the State budget at ministerial level
1. Scientific and technological tasks using the
State budget at ministerial level are the ones meeting the following criteria:
a) Having the importance for the development of
sectors and areas;
b) Solving the scientific and technological issues
within the sectors and areas;
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2. Scientific and technological tasks using the
State budget at ministerial level shall be approved by the Minister, Head of
ministerial-level agencies, government-attached agencies and other Central
State agencies. These persons also sign contract for task performance. The
contents include:
a) Ministerial-level scientific and technological
programs;
b) Ministerial-level scientific scheme;
c) Ministerial-level scientific and technological
research;
d) Ministerial-level trial production project;
dd) Ministerial-level scientific and technological
project;
e) Ministerial-level scientific and technological
research and potential scientific and technological project;
Article 27. Scientific and
technological tasks using the State budget at provincial-level
1. Scientific and technological tasks using the
State budget at ministerial level are the ones meeting the following criteria:
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b) Solving the scientific and technological issues
within province;
c) Using the non-business funds for science and
technology of province;
2. Scientific and technological tasks using the
State budget at ministerial level shall be approved by provincial Chairman of
People’s Committee and he/she shall sign contract for implementation. The
contents include:
a) Provincial-level scientific and technological
program;
b) Provincial-level scientific scheme;
c) Provincial-level scientific and technological
research;
d) Provincial-level trial production project;
dd) Provincial-level scientific and technological
project;
e) Provincial-level scientific and technological
research and potential scientific and technological project;
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Scientific and technological tasks using the State
budget at grassroots level are the ones solving the scientific and
technological issues of the grass-roots. The head of grass-roots shall sign
contract for implementation. The contents include:
1. Grass-roots level scientific and technological
research;
2. Grass-roots level scientific and technological
project;
Article 29. Measures to
encourage the proposed scientific ideas and scientific and technological tasks
1. The State encourages and creates conditions for
all organizations and individuals to propose scientific ideas and scientific
and technological tasks. The scientific ideas shall be sent to the management
agency of science and technology at all levels.
2. The management agency of science and technology
shall receive and evaluate the scientific ideas proposed by the organizations
and individuals;
3. Encouraging organizations and individuals to
organize contests for scientific ideas;
4. The scientific ideas are chosen through the evaluation
of the management agency of science and technology or contests supported and
guided by this agency to continue the completion of ideas to become the
scientific and technological tasks at all levels under the current regulations;
5. The scientific and technological ideas become
the scientific and technological organization tasks approved. The person
proposing the ideas shall be given the priority to be the head of tasks or
participate in task performance and be commended as provided for by law;
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1. Criteria for defining the special scientific and
technological tasks
a) Large scale in direct service of national
defense, security and strong impact on productivity, quality and
competitiveness of national products;
b) Required use of funds outside the annual state
budget for scientific and technological tasks at national level
c) Required special mechanism and policy;
2. Authority to approve the special scientific and
technological tasks
a) For the special scientific and technological
tasks as projects or works of national importance and the investment policies
are decided by the National Assembly, the Ministry of Science and Technology
shall assume the prime responsibility and coordinate with other agencies
concerned to submit them to the Government for submission to the National
Assembly as stipulated by the relevant laws;
b) If the special scientific and technological
tasks are not subject to the provisions at Point a of this Clause, the Ministry
of Science and Technology shall assume the prime responsibility and coordinate
with other agencies concerned to submit them to the Prime Minister for
decision;
3. Proposed special scientific and technological
tasks are defined as follows:
a) Ministries, ministerial-level agencies,
government-attached agencies, provincial People's Committee and other agencies
of the central government shall propose the special scientific and
technological tasks under the form of dossier issued by the Ministry of Science
and Technology and send it to the Ministry of Science and Technology;
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Article 31. Scientific and
technological tasks using the state budget directly allocated
1. Scientific and technological tasks using the
state budget directly allocated are the ones subject to one of the cases
specified in Clause 1, Article 30 of the Law on Science and Technology;
2. The head of state management agency for science
and technology at all levels shall choose the eligible organizations and
individuals for assignment of scientific and technological tasks. The
organizations and individuals are assigned with the scientific and
technological tasks shall prepare the scheme and protect it before the science
and technology Board set up by the state management agency for science and
technology;
3. The scientific and technological organization
directly assigned with the scientific and technological tasks may carry out
these tasks by the method of selection or direct assignment to the collective
or individual in their organization. If the method of selection is applicable,
a selection Board shall be set up under the provisions in Clause 5, Article 29
of the Law on Science and Technology and the guidance of the Ministry of
Science and Technology. In case of direct assignment, a science and technology
Board shall be set up to review and approve the scheme for scientific and
technological tasks;
4. In case of necessity, the head of state
management agency for science and technology has the right to take additional
advice from the independent consultants before decision;
Article 32. Advisory Council
for Science and Technology
1. The advisory Council defines the scientific and
technological tasks and selects and performs the scientific and technological
tasks. The advisory Council shall directly assign the performance of scientific
and technological tasks, assess and accept the result of performance (hereafter
referred to as Advisory Council for Science and Technology). The Advisory
Council for Science and Technology is set up by the head of state management
agency for science and technology under the authority;
2. The Advisory Council for Science and Technology
consists of scientists, representatives of agencies and organizations proposing
the order, the agencies and organizations ordering, the manager and
entrepreneurs with capacity and expertise in line with the advisory tasks;
The Advisory Council for Science and Technology
consists of Chairman, Vice Chairman, (two) critical members, scientific
secretary and other members;
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Article 33. Operation of
Advisory Council for Science and Technology
1. The Advisory Council for Science and Technology
works on the principle of democracy, objectiveness, honesty, compliance with
law and occupational ethics. The members of Council shall publicly discuss the
contents assigned for advice. The opinions of Council’s members and the
Council’s proposal must be made in writing. The Council’s members must take
responsibility for their advice;
The Council meeting shall be conducted only when
there are at least 2/3 of the Council’s members attending the meeting,
including the Chairman or Vice Chairman authorized with all critical members
and the scientific secretary.
2. The Advisory Council for Science and Technology
shall give points, rate or vote under the criteria stipulated by the Minister
of Science and Technology;
3. The operational cost of the Advisory Council for
Science and Technology and the cost for hiring independent consultants for the
scientific and technological tasks using the state budget estimated into a
separate account by the state management agency for science and technology from
the non-business funds for science and technology. The members of Advisory
Council for Science and Technology, organizations and independent consultant
shall be paid remuneration for the performance of tasks from the funds
specified in this Clause;
The funds for operation of Advisory Council for
Science and Technology for the tasks not using the state budget shall be paid
by organizations and individuals performing the scientific and technological
tasks;
Article 34. Independent
advisory organization and consultant
1. Independent advisory organization is a
scientific and technological organization having capacity and experience in the
areas of consulting expertise;
2. Independent consultant is the person having
university degree or higher, capacity and experience in the areas of consulting
expertise. The independent consultants for the scientific and technological
tasks at national level must belong to the database of scientific and
technological experts approved by the Ministry of Science and Technology;
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Article 35. Responsibility of
members of Advisory Council for Science and Technology, independent advisory
organization and consultant
1. Operating on the principle of democracy,
objectiveness, honesty, compliance with occupational ethics of advisory
activities;
2. Taking responsibility for their advise;
3. Keeping information received during advice
confidential, unless otherwise agreed or stipulated by law;
4. Fully fulfilling obligations as stipulated and
agreed;
Article 36. Inspection and
evaluation during the performance of scientific and technological tasks
1. The state management agency for science and
technology at all levels within its authority must conduct periodic or
irregular inspection and assess the performance of scientific and technological
tasks with the use of state budget concerning the scientific contents, progress
and use of fund. In case of necessity, the head of state management agency for
science and technology at all levels may adjust the scientific contents,
progress and method of use of fund for implementation in accordance with the
practical requirements or terminate the performance of tasks and take responsibility
for his/her decision;
2. The Ministry of Science and Technology shall
provide the guidance on the order, procedures for inspection and assessment as
stipulated in this Article;
Article 37. Appraising the
result of performance of scientific and technological tasks without use of
state budget
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2. Organizations and individuals that apply the
result of performance of scientific and technological tasks as provided for in
Clause 1 of this Article shall:
a) Send dossier for appraisal to the state
management agency for science and technology. The dossier includes: application
for appraisal, approved explanation (if any), result of research and relevant
documents;
b) Making the payment of expenses for evaluation
and appraisal;
3. The Ministry of Science and Technology shall
guide the implementation of this Article;
Article 38. Supporting the
associated scientific and technological tasks
1. The scientific and technological tasks are
associated by the scientific and technological organization and scientist with
other businesses and organizations to define and perform the scientific and
technological tasks for the innovation and improvement of technological level,
productivity, quality and competitiveness of products and goods (hereinafter
referred to as the associated scientific and technological tasks);
2. Conditions for supporting the associated
scientific and technological tasks include:
a) Associated scientific and technological tasks
must be formed into the scientific and technological project of businesses with
the objectives, research contents and specific products in direct service of
innovation and improvement of technological level, productivity, quality and competitiveness
of products and goods;
b) Project must be feasible;
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d) Project must be approved by the head of
competent authority;
dd) Associated scientific and technological tasks
must be formed into project to perform the scientific and technological tasks
at national level under the prioritized and key areas;
3. Form of supporting the associated scientific and
technological tasks
The associated scientific and technological tasks
meeting the conditions specified in Clause 2 of this Article shall be supported
by the State without recovery of invested capital of the project for the
contents related to the scientific and technological operation of project;
4. Rate of support for the associated scientific
and technological tasks
a) Project meeting the conditions specified at
Points a, b, c and d, Clause 2 of this Article shall be supported up to 30% of
invested capital of the project;
b) Project meeting the conditions specified at
Points a, b, c and d, Clause 2 of this Article and implemented at difficult or
particularly difficult social-economic areas shall be supported up to 50% of
invested capital of the project;
c) Project meeting the conditions specified at
Points b, c, d and dd, Clause 2 of this Article shall be supported up to 50% of
invested capital of the project;
d) Rate of support and source of fund for each
project shall be decided by the head of authority having the competence in
approving project;
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a) Organizations and individuals wishing to be
supported shall prepare 02 (two) set of dossier to be sent directly or by post
to the authority having the competence in approving project;
b) After fully receiving valid dossier, the head of
authority having the competence in approving project shall set up an advisory
council to support the scientific and technological project. The Council
consists of representative of Ministry of Science and Technology, Finance,
Ministry managing the relevant sectors and areas and scientists. The advisory
Council shall consider the necessity and rate of support;
c) The Ministry of Science and Technology shall
detail the order and procedures for support as provided for in this Clause;
Chapter 4.
TRANSFER OF OWNERSHIP,
RIGHT TO USE THE RESULT OF SCIENTIFIC RESEARCH AND TECHNOLOGICAL DEVELOPMENT,
APPRAISAL OF SCIENTIFIC BASIS AND TECHNOLOGY IN INVESTMENT PROJECTS AND SOCIAL-
ECONOMIC DEVELOPMENT
Article 39. Cases of transfer of
ownership, right to use the result of scientific research and technological
development with the use of state budget
1. The transfer of ownership, right to use the
result of scientific research and technological development is done under the
agreement between the representative of state owner and the hosting
organization or upon satisfaction of one of the following conditions:
a) The hosting organization may apply or
commercialize all of the result of scientific research and technological
development;
b) The hosting organization may apply or
commercialize a part of the result of scientific research and technological
development which cannot be divided into independent parts for application or
commercialization;
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a) The hosting organization may apply or
commercialize a part of result of scientific research and technological
development which can be divided into independent parts for application or
commercialization;
b) There is an agreement or regulation of the
hosting organization on division of ownership of result of scientific research
and technological development with other organizations and individuals that are
recognized by the representative of state owner;
3. The representative of state owner may authorize
the hosting organization to perform the scientific and technological tasks and
register the protection of intellectual property rights for the result achieved
prior to assessment and acceptance in order to protect the intellectual
property rights;
4. The transfer of the whole or a part of right to
use the result of scientific research and technological development to the
hosting organization or other organizations as stipulated in Clause 5, Article
41 of the Law on Science and Technology is done under the agreement between the
representative of state owner and that organization, except the case where the
result of scientific research and technological development has a special
importance for national defense and security. In case where the parties have no
agreement, the transfer of use right is done when the result of scientific
research and technological development need widespread application to meet the
needs of prevention and treatment of diseases, nutrition for people or the
urgent needs of society.
5. The representative of state owner, after the
transfer of ownership and right to use the result of scientific research and
technological development, shall inspect, supervise and require the
organization which is transferred the ownership and use right to make a report
on effectiveness of using such result;
Article 40. Order and
procedures for transferring the ownership and the right to use the result of
scientific research and technological development using the state budget
1. The hosting organization shall perform the
scientific and technological tasks, the scientific and technological businesses
wishing to be transferred the ownership and the right to use the result of
scientific research and technological development shall submit dossier for the
transfer of ownership and use right to be sent to the representative of state
owner;
2. Where the organizations are transferred the
right to use the result of scientific research and technological development
with the use of state budget specified in Clause 1 of this Article are unable
to use it, then another organization wishing to be transferred the right to use
the result of scientific research and technological development shall prepare
dossier for the transfer of that use right to be sent to the representative of
state owner;
3. The dossier consists of:
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b) Report on ability of application or
commercialization of result of scientific research and technological
development;
c) Other relevant documents;
4. The representative of state owner shall check
the validity of dossier. If it is not valid, within 05 working days, from the
date of its receipt, the representative of state owner must give a written
notice to the organizations and individuals for modification or addition;
Within 30 days from the date of receipt of valid
dossier, the representative of state owner shall verify dossier and make a
decision on the transfer of ownership and right to use the result of scientific
research and technological development. In case of refusal, the representative
of state owner shall reply in writing to the organizations and individuals
stating the reasons;
5. The Ministry of Science and Technology details
the guidance on this Article;
Article 41. Rights and
obligations of organization which is transferred the ownership and right to use
the result of scientific research and technological development.
1. The organization which is transferred the
ownership and right to use the result of scientific research and technological
development with the use of state budget has the following rights:
a) Abiding by the ownership and use right in
accordance with regulation of law on transfer of technology, intellectual
property, other relevant laws and decision on transfer of right from the
representative of state owner;
b) Enjoying the sharing of profits generated from
the commercialization of the result of scientific research and technological
development in accordance with the provisions of Article 42 of this Decree;
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2. The organization which is transferred the
ownership and right to use the result of scientific research and technological
development has the following obligations:
a) Effectively using the ownership and right to use
the result of scientific research and technological development;
b) Registering the protection, use, protection of
intellectual property rights for the result of scientific research and
technological development whose ownership is transferred; fulfilling financial
obligations as stipulated in Article 42 of this Decree;
c) Making annual or irregular reports on the
efficient use, transfer, assignment of ownership and right to use the result of
scientific research and technological development to the representative of
state owner;
d) Notifying the representative of state owner when
it is no longer able to use the right to use the result of scientific research
and technological development;
Article 42. Division of
profits upon the use, transfer of use right, assignment and capital contribution
by the result of scientific research and technological development with the use
of state budget
1. Profit after tax obtained from the use, transfer
of use right, assignment and capital contribution by the result of scientific
research and technological development are divided as follows:
a) Remuneration to the author under the agreement
between the parties, but at least 30%;
b) Shares to the broker (if any) under the
agreement between the parties but not exceeding 10%;
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2. Where the organizations and individuals use the
result of scientific research and technological development for
commercialization and registration for protection of intellectual property
rights, they must have the consent from the owner of result of scientific
research and technological development;
The division of profit obtained from the
commercialization specified in this Clause must be agreed in writing between
those organizations and individuals with the owner or representative of state
owner of the result of scientific research and technological development in
accordance with distribution of each party;
3. The Ministry of Science and Technology shall
assume the prime responsibility and coordinate with the Ministry of Finance to
regulate the valuation of the result of scientific research and technological
development, intellectual property with the use of state budget;
Article 43. Application of
science and technology in investment project and social-economic development
program with the use of state budget
1. For the investment projects and social-economic
development programs with the use of state budget, they must be estimated with
expenditures for application, research and development for the building of
scientific basis in the preparation stage of investment, implementation of
investment and settlement of scientific and technological issues arising during
the implementation;
2. When making the fund estimate of investment
projects and social-economic development programs with the use of state budget,
the investor is responsible for making the fund estimate for the application,
research and development specified in Clause 1 of this Article. The percentage
of fund for the application, research and development in the total fund
estimate of investment projects and social-economic development programs shall
be decided by the investor;
3. The investor shall make annual or irregular
report to the Ministry of Science and Technology on the use of fund for the
scientific and technological operation upon the requirement and at the end of
investment projects and social-economic development programs whose investment
policy and decision on investment, direct investment and conditional investment
project are decided by the National Assembly, the Government and the Prime
Minister;
4. The investor shall send the annual or irregular
reports to the Service of Science and Technology on the use of fund for the
scientific and technological operation for summary and report to the Ministry
of Science and Technology upon the requirement and at the end of investment
projects and social-economic development programs whose investment is decided
by the provincial and district People’s Committee;
5. The Ministry of Science and Technology shall
summarize and report to the Prime Minister on the use of funds for the
scientific and technological operation in the investment projects and
social-economic development programs specified in Clause 3 and 4 of this
Article;
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1. The scientific basis and technology of
social-economic development programs and investment projects under the approval
authority of the Prime Minister and the projects under the conditional
investment as provided for by law must be appraised;
The agency in charge of appraising the
social-economic development programs and investment projects as provided for in
this Clause shall gather the appraisal opinion of scientific basis and
technology from the Ministry of Science and Technology. The result of appraisal
from the Ministry of Science and Technology is the obligatory content in the
appraisal report of the agency in charge of appraisal;
2. For the investment projects which must be
registered, their scientific basis and technology must be appraised by the
Service of Science and Technology before they are issued the Certificate of
investment as provided for by the investment laws;
Article 45. Order and
procedures for appraising the scientific basis and technology of the
social-economic development programs and investment projects
1. Dossier for appraising the scientific basis and
technology of the social-economic development programs and investment projects
includes:
a) Written request for appraisal;
b) Dossier of social-economic development programs
and investment projects. For the appraisal of scientific basis, there must be a
report on result of theoretical and practical basis research for development of
social-economic development programs and investment projects in the dossier.
For the appraisal of technology, there must be documents of the dossier for
issuing Certificate of investment; the technical and economical explanation
specifying the technological process, analysis and selection of technological
options, list of machinery, equipment and technological lines; evaluation of
impact of technology on environment and social-economic effectiveness; draft technology
transfer contract (if there are the contents of capital contribution by
technology)
Dossier for appraisal is made into 02 (two) sets
and sent to the agency having the competence in appraisal specified in Article
44 of this Decree;
2. Within 30 days, from the date of full receipt of
valid dossier, the competent authority shall send the written appraisal to the
agency requesting the appraisal;
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Chapter 5.
DEVELOPMENT OF SCIENCE
AND TECHNOLOGY MARKET
Article 46. Measures to
develop the science and technology market
1. The State shall implement the following measures
to develop the science and technology market:
a) Accelerating the scientific research and
technological development for technology invention, promoting the transfer of
technology, import and application of advanced or high technology from foreign
countries to Vietnam on the basis of close linking with the innovation
requirements, improvement of technology level and competitiveness of products
and goods;
b) Accelerating the commercialization of result of
scientific research and technological development on the basis of close linking
of scientific and technological operation with the business and production
through activities of linking and cooperation between the scientific and
technological organization and business;
c) Accelerating the incubation and development of
scientific and technological businesses, especially in research institutes,
university education facilities and high-tech parks;
2. Measures to increase the demand for
technological and scientific products:
a) Accelerating the adoption of measures to develop
the market economy and international integration to promote the needs of
businesses themselves for innovation, improvement of technology level and
competitiveness of products and goods;
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c) Encouraging businesses to order the innovation,
improve the technology level, the competitiveness of products and goods with
domestic scientific and technological organizations;
3. The State shall establish and encourage
organizations and individuals to establish the intermediary organizations of
the science and technology market;
Article 47. Establishing the intermediary
organizations of the science and technology market
1. Forms of intermediary organization of the
science and technology market include:
a) Incubators of technology and scientific and
technological businesses;
b) Technology trading floors and centers and
technology – equipment markets;
c) Organization of services of evaluation,
valuation, inspection and consultancy and technology transfer
d) Centre for promotion and support of technology
transfer activities;
dd) Other scientific and technological service
organizations related to the science and technology market;
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3. The Ministry of Science and Technology shall
guide the implementation of this Article;
Chapter 6.
IMPLEMENTATION
PROVISION
Article 48.
Transitional provision
1. For the scientific and technological tasks which
have been approved by the competent authority before January 01, 2014, the
provisions of the Law on Science and Technology 2000 shall be continued to
apply, the Decree No. 81/2002/ND-CP dated October 17, 2002 of the Government
detailing the implementation of a number of articles of the Law on Science and
Technology and approval decision;
2. Applications for registration of scientific and
technological operation submitted to the authority having the competence in the
issue of Certificate of scientific and technological operation registration
before January 01, 2014 have not been issued with the Certificate of scientific
and technological operation registration, their dossiers must be completed as
provided for by this Decree;
For the organizations established and registered
their operation before the effective date of this Decree, within 02 years from
the effective date of this Decree, these organizations must review the
conditions for establishment as provided for by this Decree and must satisfy by
themselves under the conditions specified in this Decree.
3. For newly-established scientific and
technological organizations whose establishment dossiers have not been approved
by the competent authority before January 01, 2014, they must complete their
dossiers and comply with the order and procedures specified in this Decree;
4. For the scientific and technological
organizations as university education facilities, within 18 months from the
effective date of this Decree, they must register operation as provided for by
this Decree;
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1. This Decree takes effect on March 15, 2014;
2. Decree No. 81/2002/ND-CP dated October 17, 2002
of the Government detailing the implementation of a number of articles of the
Law on Science and Technology; Decree No. 201/2004/ND-CP dated December 10,
2004 of the Government issuing the Regulation on activities of social science
and humanities; Articles 13, 14, 15, 24, 25, 26, 27, 28 and 29 of Decree No.
80/2010/ND-CP dated July 14, 2010 of the Government defining the cooperation
and investment with foreign countries in the area of science and technology;
Article 8 of Decree No. 119/1999/ND-CP dated September 18, 1999 of the
Government on a number of policies and financial mechanisms to encourage the
businesses to invest in the scientific and technological operation; Article 12
of Decree No. 61/2010/ND-CP dated June 04, 2010 of the Government on the
policies to encourage businesses to invest in agriculture and rural areas shall
expire from the effective date of this Decree;
Article 50. Guidance and responsibility
for implementation
1. Ministers of Science and Technology, Planning
and Investment, Finance, Education and Training and Internal Affairs, depending
on their functions, duties and powers, shall take responsibility to guide the
implementation of this Decree.
2. Ministers, heads of ministerial-level agencies,
heads of government-attached agencies, Chairman of People's Committees of
provinces and centrally-affiliated cities and the organizations and individuals
concerned are liable to execute this Decree./.
FOR
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung