Nghị định 08/2014/NĐ-CP hướng dẫn Luật Khoa học và Công nghệ

THE GOVERNMENT --------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No.: 08/2014/ND-CP	Hanoi, January 27, 2014

 

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

Article 1. Scope of regulation

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;

5. Scientific project is the scientific and technological tasks aimed to determine the theoretical basis and practice in service of development of mechanism, policies and law;

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

Article 4. Conditions for establishment of scientific and technological organization

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;

Where the scientific and technological organization is established by individual, the area of operation is stipulated in Clause 4, Article 20 of the Law on Science and Technology;

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;

3. Material and technical facilities

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

1. Dossier to request the establishment of public scientific and technological organization include a report on establishment, scheme of establishment, draft establishment decision and draft Charter of organization and operation;

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

1. Dossier for establishment of scientific and technological organization with foreign capital includes:

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;

Documents specified at Point b, c and h must be legalized by the consulate;

Where the project to establish the scientific and technological organization is associated with the investment of works construction, the accompanied dossier includes the investment project of works construction (feasibility study report) under the regulations of law on investment of works construction;

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;

Article 8. Authority to issue Certificate of scientific and technological operation registration

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;

dd) Documents proving sufficient manpower and technical facilities as prescribed by law for scientific and technological operation, except for cases of scientific and technological organizations which have been appraised by the competent authorities specified in Clause 4 and 5, Article 6 of this Decree before the establishment or permitted the establishment by the competent authorities specified at Point d, Clause 2, Article 7 of this Decree;

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;

b) Documents related to the corresponding content of change and addition;

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;

3. Scientific and technological organization shall make periodic reports by itself or upon the requirement of competent state agencies of science and technology on the activities of its organization under the guidance of the Ministry of Science and Technology;

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;

b) Scientific and technological organization fails or does not take the remedial measures as required by the competent authority upon the excess of suspension period of Certificate of scientific and technological operation registration;

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

1. Scientific and technological organization may be divided into a number of scientific and technological organizations. The divided scientific and technological organization shall terminate its operation and be erased its name in the registration book after the new scientific and technological organization is established and issued the Certificate of operation registration

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;

3. The separated scientific and technological organization and the separating scientific and technological organization must jointly take responsibility for unpaid debts (if any), labor contract, recruitment decision and other asset obligations of the separated scientific and technological organization unless otherwise agreed;

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;

b) Within 10 working days, from the date of issue, the decision on dissolving the scientific and technological organization shall be sent to the registering agency of scientific and technological operation, the creditors (if any), the persons having relevant rights and interests, the employees in scientific and technological organization and publicly posted at the head office, branches and representative offices of scientific and technological organization. The decision on dissolution shall be sent to the creditors with the announcement of debt settlement plan (if any). The announcement must have the creditors’ name and address, debt, time limit, location and mode of payment of debt, method and time limit for settling creditors’ complaints;

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;

d) Abiding by regulations of law on cooperation and investment with foreign countries in the area of science and technology;

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;

b) The establishment of representative office and branch is defined in the Charter of organization and operation of the scientific and technological organization;

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;

4. Within 15 working days, from the date of issue of Certificate of operation of representative office and branch, the scientific and technological organization as specified in Clause 2 of this Article must send a copy of Certificate of operation of representative office and branch to the agency issuing the Certificate of scientific and technological operation registration;

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;

dd) Judicial record of the head of representative office of foreign scientific and technological organization;

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;

Papers specified at Points b, c, d and dd of this Clause must be translated into Vietnamese and legalized by the Consulate;

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

1. The representative office and branch has the following rights:

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;

c) The head of representative office and branch shall take responsibility for activities of representative office and branch in Vietnam and shall make periodic reports on operation of representative office and branch in Vietnam to the agency issuing of establishment Permit before December 15 annually; report, provide documents and explain the relevant issues upon the requirement of Vietnamese competent authorities;

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;

3. Within 30 days, from the date of permitted establishment of representative office in foreign country, the scientific and technological organization has to make an announcement to the Ministry of Industry and Trade;

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

1. The scientific and technological tasks using the central budget is the tasks satisfying the following criteria:

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;

e) Scientific and technological research and scientific and technological project under the Protocol;

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;

c) Using the non-business funds for science and technology of Ministries and sectors;

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:

a) Having the importance for the social-economic development within province;

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;

Article 28. Scientific and technological tasks using the State budget at grassroots level

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;

Article 30. Order and procedures for definition and approval for special scientific and technological tasks;

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;

b) The Ministry of Science and Technology shall summarize and assess the proposed special scientific and technological tasks for submission to the competent state authority for consideration and decision;

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;

3. If the members of Advisory Council for Science and Technology are scientists, they must belong to the database of scientific and technological experts approved by the Ministry of Science and Technology;

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;

3. The Ministry of Science and Technology details the guidance on this Article;

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

1. The result of performance of scientific and technological tasks without use of state budget with potential factors affecting the national interest, national defense, security, environment, life and human health, it must be appraised by the state management agency for science and technology before application in production and life.

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;

c) Products of project may be applicable to business and production;

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;

5. Order and procedures for supporting the associated scientific and technological tasks

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;

2. The transfer of part of 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 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:

a) Application;

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;

c) Enjoying the State incentives to support the development of technology market and scientific and technological businesses.

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%;

c) After dividing the profit to the author and broker (if any), the remaining profit is defined as follows: If transferred the ownership, 50% for investment in scientific research and technological development, 50% for the welfare and bonus funds of the organization; if transferred the use right, the remaining profit shall be returned to the representative of state owner under the agreement between the parties but not exceeding 10%, for the remainder, 50% for investment in scientific research and technological development, 50% for the welfare and bonus funds of the organization;

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;

Article 44. Authority to assess the scientific basis, technology of investment projects and social-economic development programs

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;

3. The Ministry of Science and Technology shall give specific guidance on the dossier, contents, process and procedures for appraisal as provided for in this Article;

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;

b) Supporting businesses to accelerate the innovation and improvement of technology level through the national technology innovation Fund, performance of scientific and technological tasks at all levels and other forms;

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;

2. The establishment and operation of organizations specified in Clause 1 of this Article shall comply with the provisions of this Decree and other relevant legal documents;

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;

Article 49. Effect

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