Chương 2 Luật Khoa học và Công nghệ 2000: Tổ chức khoa học và công nghệ, cá nhân hoạt động và công nghệ

Chapter II

SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS, INDIVIDUALS INVOLVED IN SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES

Section 1. SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS

Article 9.- Scientific and technological organizations

1. Scientific and technological organizations include:

a/ Scientific research institutions, scientific research and technological development institutions (hereafter referred collectively to as research and development institutions);

b/ Universities, institutes, colleges (hereafter referred collectively to as universities);

c/ Scientific and technological service organizations.

2. On the basis of the tasks of socio-economic development, ensuring the national defense and security maintenance as well as the scientific and technological development plan in each period, the Government shall work out the planning of the system of scientific and technological organizations throughout the country so as to ensure the synchronous development of all scientific and technological domains and fruitfully conduct scientific and technological activities.

Article 10.- Research and development institutions

1. The research and development institutions shall be organized in forms of research and development institutes, research and development centers, laboratories, research stations, observation stations, experiment stations and other research and development establishments.

2. Depending on their objectives as well as organization and operation scale, the research and development institutions are classified into:

a/ The national-level research and development institutions;

b/ The research and development institutions of ministries, ministerial-level agencies and agencies attached to the Government (hereafter referred collectively to as the ministerial-level research and development institutions); the research and development institutions of the provinces and centrally-run cities (hereafter referred collectively to as the provincial-level research and development institutions); the research and development institutions of other State agencies, political organizations or socio-political organizations at the central level;

c/ The research and development institutions at the grassroots level.

3. The competence to set up the research and development institutions is stipulated as follows:

a/ The national-level research and development institutions shall be set up by decisions of the Government;

b/ The ministerial- and provincial-level research and development organizations shall be set up by decisions or authorization of the Prime Minister; the research and development institutions of other State agencies, political organizations or socio-political organizations at the central level shall be set up by decisions of such agencies or organizations.

c/ The research and development institutions at the grassroots level shall be set up and operate according to law provisions.

The authority that has the competence to set up a research and development institution shall be competent to decide the merger, division, splitting, dissolution or termination of operations of such research and development institution as prescribed in this Clause.

Article 11.- Tasks of the research and development institutions

1. The national-level research and development institutions shall perform mainly the State�s priority and key scientific and technological tasks, aimed to provide scientific foundations for the elaboration of undertakings, policies and laws; create new scientific and technological results of important significance for socio-economic development and the national defense and security maintenance; train personnel and foster talents for science and technology.

2. The ministerial- and provincial-level research and development institutions shall perform mainly scientific and technological tasks in service of the attainment of the branch and local socio-economic development targets; train personnel and foster talents for science and technology.

3. The research and development institutions of other central-level State agencies prescribed at Point b, Clause 2, Article 10 of this Law shall mainly conduct scientific and technological activities according to their respective functions, tasks and powers; the research and development institutions of political organizations and socio-political organizations at the central level shall mainly conduct scientific and technological activities according to their own objectives and respective statutes.

4. The research and development institutions at the grassroots level shall mainly conduct scientific and technological activities according to the targets and tasks determined by their respective founding organizations and/or individuals.

Article 12.- Scientific and technological tasks of universities

1. Universities are tasked to conduct scientific research and technological development activities, combine training with scientific research and production as well as scientific and technological services according to the provisions of this Law, the Education Law and other law provisions.

2. Universities shall also perform the tasks of basic research as well as the State’s priority and key scientific and technological tasks and conduct scientific research on education.

Article 13.- Tasks of scientific and technological service organizations

Scientific and technological service organizations are tasked to conduct activities in service of scientific research and technological development; activities related to intellectual property and technology transfer; and provide services on information, consultancy, personnel training and fostering, popularization and application of scientific and technological knowledge as well as practical experiences.

Article 14.- Conditions for establishment and registration of operation of scientific and technological organizations

The research and development institutions, scientific and technological service organizations shall be set up when the following conditions are met:

1. Their objectives and operation orientations conform to the provisions of law;

2. They have organization and operation statutes;

3. Their scientific and technological personnel as well as material-technical bases meet the requirements according to their objectives, orientations as well as organization and operation statutes.

The research and development institutions, scientific and technological service organizations shall have to register their operations at the competent State agencies according to the provisions of law.

Article 15.- Rights of scientific and technological organizations

Scientific and technological organizations shall have the following rights:

1. To enjoy autonomy and take self-responsibility in conducting the registered scientific and technological activities; conclude scientific and technological contracts; train personnel and foster talents for science and technology; and register participation in selection for performance of scientific and technological tasks;

2. To set up dependent research and development institutions, scientific and technological service organizations and enterprises according to the provisions of this Law and other law provisions;

3. To enter into cooperation or joint venture with, and receive aids from, organizations and/or individuals; contribute capital in cash, assets or value of intellectual property rights in order to conduct scientific and technological activities as well as production and business activities according to law;

4. To have their intellectual property rights protected; transfer or assign scientific and technological results in accordance with the provisions of law;

5. To announce scientific and technological results according to the provisions of the Press Law, the Publication Law and other provisions of law;

6. To have other rights as provided for by law.

Article 16.- Obligations of scientific and technological organizations

Scientific and technological organizations shall have the following obligations:

1. To perform the concluded scientific and technological contracts as well as scientific and technological tasks assigned by the competent agencies and/or organizations; efficiently use investment funding for scientific and technological development and trans-fer the results of scientific research and technological development for which the State budget has been used;

2. To contribute to building and developing scientific and technological potential of the country;

3. To protect the State’s and society’s interests as well as the legitimate rights and interests of individuals involved in scientific and technological activities within their respective organizations; keep scientific and technological secrets as prescribed by law;

4. To exercise democracy, equality and publicity in the assignment and performance of scientific and technological tasks;

5. To perform other obligations prescribed by law.

Section 2. RIGHTS AND OBLIGATIONS OF INDIVIDUALS INVOLVED IN SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES

Article 17.- Rights of individuals involved in scientific and technological activities

Individuals involved in scientific and technological activities shall have the following rights:

1. To conduct scientific and technological activities by themselves or in cooperation with organizations and/or other individuals; conclude scientific and techno-logical contracts; set up scientific and technological organizations in a number of fields according to the Government’s stipulations; and register participation in the selection for the performance of scientific and technological tasks;

2. To have the industrial property rights protected; enjoy equality and freedom to creation in scientific and technological activities; transfer or assign scientific and technological results according to the provisions of law;

3. To announce the results of scientific and techno-logical activities according to the provisions of the Press Law, the Publication Law and other law provisions;

4. To take part in scientific and technological organizations and societies as well as in training, consultancy, scientific and technological conferences; contribute capital in cash, assets and value of the industrial property rights to scientific and technological activities as well as production and business; and receive financial supports for scientific and techno-logical activities according to the provisions of law;

5. To propose opinions for elaboration of the State’s policies, laws and socio-economic development plans to the competent authorities; as well as the scientific and technological development plans of scientific and technological organizations of which they are members, and take part in the supervision of the implementation thereof;

6. To have other rights as provided for by law.

Article 18.- Obligations of individuals involved in scientific and technological activities

Individuals involved in scientific and technological activities shall have the following obligations:

1. To contribute their intellects and talents to the cause of scientific and technological development, socio-economic development, and the maintenance of national defense and security;

2. To perform the concluded scientific and technological contracts as well as scientific and technological tasks assigned by the competent agencies and/or organizations; transfer the results of scientific research and technological development funded with the State budget according to the stipulations of the competent State agencies;

3. To keep scientific and technological secrets according to law provisions; protect interests of the State and society;

4. To perform other obligations prescribed by law.