Chương III Luật khoa học và công nghệ 2013: Cá nhân hoạt động khoa học và công nghệ, phát triển nguồn nhân lực khoa học và công nghệ

Chapter III

INDIVIDUALS INVOLVED IN SCIENCE AND TECHNOLOGY ACTIVITIES, DEVELOPMENT OF HUMAN RESOURCES IN SCIENCE AND TECHNOLOGY

Article 19. Scientific research titles and technological titles

1. Scientific research titles refer to the names that express scientific research levels and capacities of individuals involved in the areas of science including research assistants, researchers, high-ranking researchers.

Individuals who are involved in science and technology activities and participate in teaching and training at higher and postgraduate education shall be considered for appointment as professors or associate professors. Procedures on consideration for appointment are instructed in the Law on Higher Education;

2. Technological titles refer to the names that show scientific research levels and capacities of individuals involved in the areas of science including research assistants, researchers, high-ranking researchers.

The Government shall detail technological titles and procedures on recognition and appointment of scientific research titles and technological titles.

3. Persons who have obtained doctorate degrees or had excellent scientific and technological research works, or won top prize for science and technology shall be recognized and appointed to scientific research titles, technological titles of higher rank regardless of work period.

4. Ministry of Home Affairs shall preside over and cooperate with the Ministry of Science and Technology, relevant ministries, ministerial-level agencies in stipulating the lists, standards and codes of scientific research titles and technological titles.

Article 20. Rights of individuals involved in science and technology activities

1. Have freedom for creation and equality in science and technology activities;

2. Do on one’s own or cooperate with other organizations, individuals in science and technology activities, signing science and technology contracts;

3. Enjoy favorable conditions for participation and implementation of science and technology tasks according to functions of the scientific and technological organization of which one is the member;

4. Establish scientific and technological businesses, scientific and technological organizations in a number of fields according to the Government’s regulations;

5. Register for participation in recruitment or directly tasked with implementing science and technology tasks;

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

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

8. Contribute capital in cash, assets, intellectual property rights for science and technology activities, production and business according to laws; receive sponsorship for science and technology activities according to laws;

9. Provide consultancy, propose suggestions for the establishment of policies, laws, plans for socio-economic development, plans for scientific and technological development of the state to competent agencies; plans for scientific and technological development of the scientific and technological organization of which one is the member;

10. Participate in scientific and technological organizations, scientific and technological associations; participate in activities of training, consulting, scientific and technological conferences, seminars; participate in activities of international cooperation on science and technology;

11. Be recognized, appointed to titles as prescribed in Article 19 hereof;

12. Be entitled to commendation, preferential treatment, supports according to laws;

Article 21. Obligations of individuals involved in science and technology activities

1. Contribute intelligence and talents to the cause of scientific and technological development, socio-economic development, national defense and security;

2. Implement signed science and technology contracts;

3. Implement science and technology tasks assigned by competent agencies, organizations;

4. Register, store and transfer findings from state-funded scientific research and technological development;

5. Keep state secrets on science and technology, protect interests of the State and societies;

Article 22. Training for human resources and talents involved in science and technology

1. Based on the master plan for development of national human resources, the Minister of Science and Technology shall grant approval for the master plan for development of scientific and technological human resources at the proposal of ministries, ministerial-level agencies, Governmental agencies, People’s committees of provinces and other regulatory agencies.

2. The Ministry of Education and Training shall preside over and cooperate with the Ministry of Science and Technology, relevant ministries in organizing higher and postgraduate training; Seek talents and train science and technology-related human resources with much importance attached to highly-qualified human resources for the areas of priority and great importance.

3. The Ministry of Science and Technology shall preside over and cooperate with relevant agencies and organizations in organizing training to heighten professional qualifications and competence in science and technology for science and technology teams across the country.

4. The State shall encourage and create favorable conditions for organizations and individuals to organize training on their own or finance training for human resources and talents in science and technology; encourage training and employment of female resources in science and technology with priority given to attraction and training for human resources in the areas facing extreme socio-economic difficulties.

5. Budgets for organizing training for human resources as prescribed in Clause 2, this Article shall be guaranteed by state budget. Budgets for organizing training in professional qualifications and competence as prescribed in clause 3, this Article shall be derived from non-business expenditures for science and technology activities.

6. The Government shall detail this Article.

Article 23. Preferential treatment for use of human resources and talents in science and technology

1. Persons who are appointed to scientific research titles, technological titles shall be entitled to following preferential treatment:

Be placed in a working position with salary and allowances in line with profession and qualification in the public scientific and technological organization;

b) Be entitled to tax incentives as prescribed in Article 64 hereof;

c) Be entitled to adequate working equipment and working conditions more favorable than cadres and public servants and meeting requirements for implementation of science and technology tasks assigned;

d) Be exempted from civil liability in the event of damage or risk caused to the State during the implementation of science and technology tasks for some objective reason if all procedures and regulations are fulfilled;

2. Leading scientists shall be entitled to following preferential treatment in addition to incentives as prescribed in Clause 1, this Article:

Implement important science and technology tasks as a favor;

b) Establish excellent research group in the field of expertise of one’s own and be granted expenditures for operation of such group;

c) Propose, participate in the construction, assessment and criticism for policies of industries, areas and the country on scientific and technological development;

d) Be entitled to preferential allowances according to the Government’s regulations;

e) Receive financial assistance for participation in scientific conferences, workshops at home and abroad on the areas of expertise;

3. Scientists who are tasked with presiding over national science and technology tasks of special importance shall be entitled to following preferential treatment in addition to incentives as prescribed in Clause 1, this Article:

Receive salaries and incentive allowances as agreed with regulatory agencies that assign the duties; Be granted official residences, travel vehicles for public services during the performance of the assignments;

b) Make proposals for mobilization of science and technology human resources, budgets for implementation of the tasks and material and financial resources to ensure the implementation;

c) Employ experts at home and abroad; negotiate costs for the employment of experts; make decisions on acquisition of patents, designs, technical documents and technological know-how serving the tasks within allocated budget estimates;

d) Receive financial assistance for participation in scientific conferences, workshops at home and abroad on the areas of expertise;

dd) Have absolute discretion to make decisions on the organization of assigned tasks;

4. Talented young scientists shall be entitled to following preferential treatment in addition to incentives as prescribed in Clause 1, this Article:

Have priority in domestic and overseas scholarship considerations;

b) Establish excellent research group in one’s field of expertise and be granted expenditures for operation of this group;

c) Have priority in presiding over and participating in the implementation of other science and technology tasks;

d) Receive financial assistance for participation in scientific conferences, workshops at home and abroad on the areas of expertise;

5. The Government shall detail this Article.

Article 24. Attraction of overseas Vietnamese and foreign experts working in the areas of science and technology

1. Overseas Vietnamese and foreign experts working in the areas of science and technology are encouraged to participate in science and technology activities in Vietnam.

2. During the time of working in Vietnam, overseas Vietnamese who work in the areas of science and technology shall have the rights and obligations as prescribed in Articles 20 and 21 hereof and be entitled to following preferential treatment:

Employed, appointed as leader of a scientific and technological organization; tasked with presiding over the implementation of science and technology tasks at all levels; recognize and appoint scientific research titles, technological titles as prescribed in Article 19 hereof;

b) Be entitled to expert salaries according to the Government’s regulations;

c) Be entitled to preferential treatment for entry and exit, residence, housing and other incentives as prescribed;

3. Foreign experts shall be encouraged to participate in science and technology activities in Vietnam and entitled to following preferential treatment:

Employed as leader of a scientific and technological organization; tasked with presiding over the implementation of science and technology tasks;

b) Be entitled to preferential treatment for entry and exit, residence, housing and other incentives as prescribed;

c) Be entitled to expert salaries according to the Government’s regulations and other incentives according to the contract;

4. Overseas Vietnamese and foreign experts who have made significant contributions toward the cause of scientific and technological development in Vietnam shall be honored by the State, commended and awarded prizes for science and technology in Vietnam.

5. The Government shall detail this Article.