Chương II Luật khoa học và công nghệ 2013: Tổ chức khoa học và công nghệ

Chapter II

SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS

Section 1. ESTABLISHMENT, RIGHTS AND OBLIGATIONS OF SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS

Section 9. Manners and classification of scientific and technological organizations

1. Manners of scientific and technological organizations:

a) Organizations of scientific research and technological development are organized in the form of academies, institutes, centers, laboratories, research stations, monitoring stations, testing stations and other forms as stipulated by the Minister of Science and Technology;

b) Higher education institutions are organized according to the Law on Higher Education;

c) Organizations of scientific and technological services are organized in the form of centers, offices, laboratories and other forms as stipulated by the Minister of Science and Technology;

2. scientific and technological organizations are classified as follows:

a) According to the authority for establishment, scientific and technological organizations comprise types of organizations as prescribed in Clause 1, Article 12 hereof;

b) According to prescribed functions, scientific and technological organizations comprise basic research organizations, applied research organizations, scientific and technological service organizations;

c) According to ownership manner, scientific and technological organizations comprise public scientific and technological organizations, non-public scientific and technological organizations, foreign-invested scientific and technological organizations;

Article 10. Master plan for network of public scientific and technological organizations

1. Based on the tasks of socio-economic development, national defense and security and strategy for national scientific and technological development, the Ministry of Science and Technology shall preside over and cooperate with ministries, ministerial-level agencies, Governmental agencies, People’s Committees of central-affiliated cities and provinces and other regulatory agencies in establishing and submitting the master plan for a network of public scientific and technological organizations to the Prime Minister for approval.

2. Establishment of the master plan should be in compliance with following principles:

Establishment of the master plan should be consistent and appropriate to requirements for scientific and technological development and socio-economic development, national defense and security;

b) Attach scientific and technological organizations to training institutions and organizations for application of findings from scientific research and technological development;

c) Ensure the objectives for improving national scientific and technological capability are achieved with much importance attached to the areas of science and technology directly serving the tasks of socio-economic development, national defense and security;

d) Ensure effective use of resources of the State, step up private sector involvement in scientific and technological development, especially in the areas of scientific and technological of priority and importance;

Article 11. Requirements for establishment and registration for operation of science and technology activities

1. Requirements for the establishment of scientific and technological organizations are as follows:

Have a charter for organization and operation, objectives and guidelines in accordance with laws;

b) Human resources, material and technical bases meet requirements for implementation of objectives, guidelines and the Charter for organization and operation;

2. In addition to provisions prescribed in Clause 1, this Article, the establishment of scientific and technological organizations should be in compliance with the master plan for the network of scientific and technological organizations and appraising opinions from State administration agencies on scientific and technological according to the Government’s decentralization.

In case the Ministry of Science and Technology establishes affiliated scientific and technological organizations, the Minister of Science and Technology shall establish the interdisciplinary council for to perform assessment.

3. The establishment of foreign-invested scientific and technological organizations should accord with provisions as prescribed in Clause 1, this Article and meet following requirements:

Purposes, contents and areas of operation should accord with laws, requirements for scientific and technological development and socio-economic development in Vietnam;

b) The establishment should be approved by the Minister of Science and Technology;

c) Be headquartered in localities under permission of People’s Committees of central-affiliated cities and provinces (hereinafter referred to as ‘People’s committees of provinces’);

4. Scientific and technological organizations should register operations with relevant state administration agencies and be granted the operation registration certificate.

5. The Government shall detail conditions for establishment, authority, sequence and procedures on registration of operation with scientific and technological organizations;

Article 12. Authority, sequence, procedures on establishment, merger, division, separation, dissolution of scientific and technological organizations

1. Authority for establishment of scientific and technological organizations is stipulated as follows:

National Assembly, the Standing committee of the National Assembly of the Socialist Republic of Vietnam shall establish scientific and technological organizations that belong to National Assembly, the Standing committee of the National Assembly of the Socialist Republic of Vietnam;

b) The Government shall establish scientific and technological organizations that belong to the Government.

c) The Supreme People’s Court shall establish scientific and technological organizations that belong to the Supreme People’s Court.

d) The Supreme People’s Procuracy shall establish scientific and technological organizations that belong to the Supreme People’s Procuracy;

dd) The Prime Minister shall establish or empower ministers, heads of ministerial-level agencies, Governmental agencies to establish scientific and technological organizations that belong to ministries, ministerial-level agencies, Governmental agencies;

e) Ministers, heads of ministerial-level agencies, Governmental agencies shall establish scientific and technological organizations that belong to ministries, ministerial-level agencies, Governmental agencies unless otherwise as regulated in Point dd, this Clause;

g) People’s committees of provinces shall establish scientific and technological organizations in localities within competence;

h) Political organizations, socio-political organizations, social organization, socio-occupational organizations shall establish scientific and technological organizations according to laws and the Charter;

Other businesses, organizations and individuals shall establish scientific and technological organizations of their own.

2. Agencies, organizations, and individuals that establish scientific and technological organizations shall be entitled to make decisions on merger, division, separation and dissolution of scientific and technological organizations; stipulate functions, duties of scientific and technological organizations in accordance with laws;

3. The Government shall detail sequence, procedures on establishment, merger, division, separation, dissolution of scientific and technological organizations.

Article 13. Rights of scientific and technological organizations

1. Exercise self-control and self-responsibility for science and technology activities in the licensed areas; Public scientific and technological organizations shall be structured in terms of personnel by the State.

2. Register for participation in recruitment or directly tasked with implementing science and technology tasks; sign science and technology contracts; train human resources, talented persons in science and technology;

3. Establish scientific and technological organizations, businesses or affiliated scientific and technological businesses, representative offices, branches at home and abroad for science and technology activities as prescribed hereof and other relevant law provisions;

4. Form a partnership, joint-venture, receive aids, grants from organizations, individuals; contribute capital in cash, assets, intellectual property rights for science and technology activities , production and business according to laws;

5. Have intellectual property rights protected; transfer results of science and technology activities according to laws on intellectual property and technology transfer;

6. Announce results of science and technology activities according to the Law on Journalism, the Law on Publishing and other law provisions;

7. Provide consultancy, make proposals for the establishment of policies, laws, plans for socio-economic development, plans for scientific and technological development of the State to competent agencies;

8. Participate in activities of international integration on science and technology;

9. Be eligible for conversion of part or whole into a scientific and technological business according to laws;

Article 14. Obligations of scientific and technological organizations

1. Register science and technology activities; perform science and technology activities according to the areas as prescribed in the operation registration certificate;

2. Undertake signed science and technology contracts, science and technology tasks assigned by competent organizations;

3. Exercise democracy, equality and public disclosure in the use of budgets and undertake science and technology tasks;

4. Ensure budgets for regular fundamental scientific research activities within functions; use budgets for investment in scientific and technological as prescribed by laws;

5. Register, store and transfer findings from state budget-based scientific research and technological development;

6. Implement statistical reporting on science and technology;

7. Protect interests of the State and societies, lawful rights and interests of individuals involved in science and technology activities in organizations; keep state secrets on science and technology;

Article 15. Foreign scientific and technological organizations’ representative offices, branches in Vietnam

1. Foreign scientific and technological organizations may establish representative offices, branches in Vietnam for science and technology activities, or activities directly related thereto as prescribed hereof and other relevant law provisions;

2. The establishment of foreign-invested scientific and technological organizations should accord with provisions as prescribed in Clause 1, this Article and meet following requirements:

Be a legal scientific and technological organization of international organizations, country or territory where such organization is established or operates;

b) Meet requirements as prescribed in Clause 3, Article 11 hereof;

c) Operate in the areas of scientific and technological demanded by Vietnam;

d) Be committed to complying strictly with laws of Vietnam and International Agreement to which Vietnam is a signatory;

3. Vietnam representative office establishment certificates should be granted by the Minister of Science and Technology with validity period no more than five years.

4. Representative offices, branches of foreign scientific and technological organizations shall perform science and technology activities stated in establishment licenses and exercise rights and obligations as prescribed hereof and other relevant law provisions;

5. The Government shall detail conditions, sequence and procedures on the establishment of representative offices, branches in Vietnam by foreign scientific and technological organizations;

Section 2. ASSESSING AND RANKING SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS

Article 16. Purposes and principles for assessing and ranking scientific and technological organizations

1. Assessment of scientific and technological organizations refers to use of professional knowledge and competence to determine capacities and operational efficiency of scientific and technological organizations.

2. Assessment of scientific and technological organizations is aimed at following purposes:

Create foundations for ranking scientific and technological organizations;

b) Support activities of planning policies on scientific and technological development and the master plan for a network of scientific and technological organizations;

c) Serve as foundations for recruitment to organizations that preside over the implementation of science and technology tasks, state budget-based investment preferential policies, provision of loans, sponsorship and loan guarantee…

3. Assessment and ranking of scientific and technological organizations are carried out according to following principles:

Have appropriate assessment methods, criteria;

b) Independence, equality, honesty, objectivity and lawfulness;

c) Results of assessment and ranking should be publicly announced.

Article 17. Assessment of scientific and technological organizations serving State administration

1. Public scientific and technological organizations should be assessed for serving State administration.

2. Assessment of scientific and technological organizations serving State management shall be conducted by State administration agencies or an independent assessing organization.

3. Assessment of scientific and technological organizations is based on criteria and assessment methods stipulated by the Minister of Science and Technology for each type of scientific and technological organizations.

Article 18. Independent assessment organizations

1. Organizations, individuals that have legal capacities are eligible for assessing and ranking scientific and technological organizations according to this Law and other relevant law provisions;

2. Assessment and ranking of scientific and technological organizations should be in compliance with the principles as prescribed in Clause 3, Article 16 hereof.

3. Organizations, individuals performing assessment and ranking shall be responsible for the results of assessment and ranking.