Nghị định 109/2022/NĐ-CP quy định về hoạt động khoa học và công nghệ trong cơ sở giáo dục đại học

THE GOVERNMENT -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 109/2022/ND-CP	Hanoi, December 30, 2022

 

DECREE

ON REGULATIONS ON SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES IN HIGHER EDUCATION INSTITUTIONS

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendments to the Law on Government Organization and the Law on Organization of Local Government dated November 22, 2019;

Pursuant to the Law on Higher Education dated June 18, 2012; the Law on amendments to the Law on Higher Education dated November 19, 2018;

Pursuant to the Law on Science and Technology dated June 18, 2013;

Pursuant to the Law on Intellectual Property dated November 29, 2005; the Law on amendments to the Law on Intellectual Property dated June 19, 2009; the Law on amendments to the Law on Insurance Business, the Law on Intellectual Property dated June 14, 2019 and the Law on amendments to the Law on Intellectual Property dated June 16, 2022;

At the proposal of the Minister of Education and Training;

The Government promulgates a Decree on regulations on scientific and technological activities in higher education institutions.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Decree set forth the organization and management of scientific and technological activities in higher education institutions; research groups and strong research groups in higher education institutions; scientific, technological and innovative activities in higher education institutions; develop scientific and technological potential in higher education institutions; responsibilities of agencies, organizations and individuals for scientific and technological activities in higher education institutions.

2. This Decree applies to higher education institutions and related organizations and individuals participating in scientific and technological activities in higher education institutions.

Article 2. Interpretation of terms

For the purposes of this Decree, these terms below shall be construed as follows:

1. Scientific and technological potential include human resources in science and technology, intellectual property, facilities, information and financial resources for carrying out scientific and technological activities.

2. Scientific and technological activities in higher education institutions mean activities of scientific research, experimental research and development, technology application, science and technology services, promotion of initiatives and other creative activities aimed at developing science and technology in association with training of highly qualified human resources, contributing to the country's socio-economic development.

3. A strong research group in a higher education institution is a collective of scientists led by a reputable, capable and highly qualified scientist at the higher education institution who leads and develop an interdisciplinary, long-term, pioneering and breakthrough research direction; have research objectives, plans and contents in each specific period to create products of high scientific and practical value, associated with doctoral training and post-doctoral research.

4. Innovative activities in higher education institutions are activities of creating and applying achievements, technical and technological solutions, and management solutions of higher education institutions to improve productivity, quality, increase the value of products and goods, contributing to improving the efficiency of socio-economic development.

Chapter II

ORGANIZATION AND MANAGEMENT OF SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES IN HIGHER EDUCATION INSTITUTIONS

Article 3. Scientific and technological contents and plans in higher education institutions

1. . Contents of scientific and technological activities in a higher education institution include:

a) Scientific and technological tasks at all levels, including programs, topics and pilot production projects, and other scientific and technological tasks;

b) Intellectual property; application and transfer, and commercialization of scientific research and technological development results; science and technology services; manufacturing and business;

c) Training and retraining to improve the qualifications of administrators and lecturers in scientific research;

d) Development investment projects, research capacity strengthening projects, key laboratories, interdisciplinary and specialized laboratories, projects to improve scientific journals, projects to repair, procure, and maintain equipment, working facilities, digitize libraries and information infrastructure;

dd) Scientific researches of students, master’s students, postgraduate students (hereinafter referred to as students), researchers and public employees in public higher education institutions; full time staff and lecturers in private higher education institutions (hereinafter referred to as lecturers);

e) National and international scientific and technological cooperation;

g) Information and statistics on science and technology; standards, measurement, quality;

h) Building an innovation startup ecosystem for lecturers, students, related organizations and individuals; establishing and promoting the operation of innovation and technology transfer centers;

i) Finance for scientific and technological activities;

k) Other relevant scientific and technological activities.

2. Higher education institutions develop long-term and annual science and technology plans according to the science and technology content in Clause 1 of this Article and on the basis of the development strategy of the unit; objectives, plans and strategies for science and technology development of the State, ministries, ministerial-level agencies, Governmental agencies, provinces and centrally affiliated cities; the need for business cooperation and international cooperation to promote scientific, technological and innovative activities.

Article 4. Management of scientific and technological activities in higher education institutions

1. Higher education institutions shall promulgate and organize the implementation of regulations on management of scientific and technological activities according to the following principles:

a) Scientific and technological activities and training activities are the main tasks of higher education institutions in order to improve the quality of training of highly qualified human resources, contributing to the promotion of science and technology development, and socio-economic of the country;

b) Clearly define roles, rights and responsibilities of units, lecturers and students in higher education institutions for scientific and technological activities;

c) The results and efficiency of scientific and technological activities of affiliated units, lecturers and students in higher education institutions are the basis for considering and evaluating the results of task performance, emulation classification and settlement of relevant regimes and policies.

2. A higher education institution has a division to manage scientific and technological activities in its organizational structure as prescribed. The higher education institution shall prescribe the functions and tasks of the department managing scientific and technological activities.

3. The department managing scientific and technological activities in the higher education institution has part-time lecturers, full-time staff and part-time experts from the affiliated units to provide consultation to carry out scientific and technological tasks of the unit.

Article 5. Organization of scientific and technological activities in higher education institutions

1. The higher education institution shall stipulate the organization and operation of the affiliated science and technology institutions prescribed in the regulations on organization and operation of the higher education institution; decide on the establishment, merger, division and dissolution of science and technology organizations according to regulations.

2. Based on its operational efficiency and development orientation, the higher education institution shall decide on the transformation of its affiliated science and technology institutions into enterprises according to given regulations.

Article 6. Science and technology enterprises in higher education institutions

1. A higher education institution may establish an enterprise in accordance with the law on enterprises, in accordance with the development orientation of the higher education institution. An enterprise in higher education institution that satisfies the prescribed eligibility requirements may apply for the certification of science and technology enterprise.

2. Public higher education institutions may contribute capital in form of intellectual property that is the result of a scientific and technological task originating from the state budget and used by a competent authority for joint venture purposes, if it meets the conditions prescribed by the law on science and technology, the law on management and use of public property, the law on intellectual property, the law on enterprises and the relevant laws.

3. The public higher education institution is assigned the right to use the intellectual property that is the result of a scientific and technological task originating from the state budget in the form of an increase in assets, the private higher education institution is assigned the right to own such intellectual property and must return the value of the property as a result of the property in accordance with the law on intellectual property and the law on management and use of public property. The commercialization and registration of certification of science and technology enterprises shall comply with the provisions of law.

4. The above provisions do not apply to cases where scientific and technological results are classified as state secrets.

Chapter III

RESEARCH GROUPS AND STRONG RESEARCH GROUPS IN HIGHER EDUCATION INSTITUTIONS

Article 7. Research groups and strong research groups in higher education institutions

1. Higher education institutions shall, based on their needs, potentials and development strategies to build different types of research groups and strong research groups.

2. Higher education institutions shall develop and implement policies to support and give incentives to strong research groups and research groups from the resources of the higher education institutions and from other lawful resources.

3. Higher education institutions recognize different types of research groups according to their needs. Strong research groups in higher education institutions shall be recognized by the lead organization according to the provisions of Articles 8, Article 9 of this Decree.

4. The organization leading the strong research group is a higher education institution with a permanent staff member as the head of the research group.

Article 8. Conditions for establishment and criteria for recognition of strong research groups in higher education institutions

Strong research groups in higher education institutions are established and recognized under the following conditions and criteria:

1. Human resources to join a strong research group in a higher education institution include:

a) Prestigious domestic and foreign scientists of the same research orientations of the strong research group who participate in the form of collaborators or other suitable forms of cooperation;

b) Lecturers, researchers and students with the same research orientations from higher education institutions, research institutes and related organizations and individuals.

2. Strong research groups in a higher education institution are formed and developed on the basis of existing and active research groups, which have been selected, recognized and supported by the higher education institution as to support mechanisms and resources for development.

3. A strong research group in a higher education institution consists of a team leader, 5 key members or more, and an unlimited number of members. Members of a strong research group must meet the criteria specified in Article 9 of this Decree and not commit one of the prohibited acts under the law on science and technology, and not be in the period of disciplinary action in the form of reprimand or higher or criminal judgment enforcement.

4. A higher education institution being the organization leading a strong research group must have facilities and laboratories suitable to the main research orientations of the strong research group; have research cooperation activities with foreign organizations and individuals; have successfully cooperated with enterprises or higher education institutions, other research institutes in scientific research and technology transfer.

5. A strong research group in a higher education institution must have a stable development plan with qualified and age-appropriate human resources; have a plan to increase the quantity and quality of scientific and technological products in a period of 5 years; the activities of the strong research group need to be linked with the activities of the departments and laboratories at the organization leading the strong research group and cooperate closely with domestic and foreign organizations and enterprises.

6. Strong research groups in higher education institutions can access advanced, modern, breakthrough and interdisciplinary research orientations; have research orientation explanation and development plan for 5 years; and have products of the research tasks in the first 5 years that meet the following criteria:

a) Stable publication and average annual publication of at least 10 articles in scientific journals in the Web of Science (WoS) database for natural sciences and engineering, at least 10 articles in scientific journals in the WoS and Scopus database for the humanities and social sciences; there is an increase in the quality of articles through being published in international journals with high impact and citation indexes;

b) Publish at least 01 monograph or 02 books and textbooks;

c) Training 05 doctorates in the 5-year period of performing the tasks;

d) Granted on average each year at least 01 invention patent or 02 utility solution patents or 02 plant variety patents with widespread social influence;

dd) Transferring at least 05 production technologies or commercializing at least 05 scientific and technological products into practice for the community or having 01 national science and technology product recognized in the 5-year period of performing the tasks.

Article 9. Criteria for strong team leaders and research group members in higher education institutions

1. The group leader is a permanent lecturer of a higher education institution who simultaneously meets the following criteria:

a) Having led 01 national science and technology task or 02 science and technology tasks of ministerial or provincial level which have been tested and accepted as passed or higher in the last 5 years;

b) Being the author of 01 monograph or 02 university books and textbooks;

c) Having an h-index of 10 or more (according to the Scopus database);

d) Being the main author of at least 10 works published in scientific journals in the WoS database or the author of at least 02 inventions or 05 utility solutions, or 02 plant variety patents or being the author of a scientific and technological work winning the first prize at the ministerial or provincial level or the Ho Chi Minh Prize, the State Prize in science and technology;

dd) Having successfully supervised at least 02 postgraduate students;

e) Having experience in cooperating with domestic and foreign organizations in implementing scientific and technological activities, trial production or successful commercialization of scientific and technological products in provinces and central-affiliated cities and foreign countries;

g) Fit for work as prescribed by labor law, still eligible for professional work for at least 5 years before retirement age as prescribed by labor law to complete the research orientations.

2. The co-leader is a reputable scientist invited from abroad, responsible for the academic content, has a research orientation in line with the research orientation of the group leader, and also meets the standards in Points c, d and dd Clause 1 of this Article or has won prestigious international awards in the field of research.

3. The group leader will be exceptionally recognized if he/she is a leading scientist who is recognized according to regulations on the utilization of individuals in scientific and technological activities or has won prestigious international awards in the field of science and technology research area and meet the requirements at point m, g Clause 1 of this Article.

4. Key members are lecturers of higher education institutions or researchers of domestic research institutes, and concurrently satisfy the following criteria:

a) Having a research orientation suitable to the research orientation of a strong research group in a higher education institution and having a commitment to register to join the strong research group;

b) Having led 01 ministerial- or provincial-level science and technology task, which has been tested and accepted as passed or higher in the last 5 years;

c) Having an h-index of 5 or more (according to the Scopus database);

d) Being the author of 01 monograph or 01 university textbook;

dd) Being the main author of at least 05 works published in scientific journals in the WoS database or the author of at least 01 inventions or 02 utility solutions, or 02 plant variety patents or being the author of a scientific and technological work winning the first prize at the ministerial or provincial level or the Ho Chi Minh Prize, the State Prize in science and technology;

c) Having successfully supervised at least 01 postgraduate student;

g) Having experience in cooperation in research implementation, pilot production to create scientific products that are applied to serve the community and having at least 01 research cooperation with a domestic or foreign research group.

5. Key members are reputable scientists invited from abroad, fully meeting the criteria at Points a, c, dd and e, Clause 4 of this Article, or scientists from enterprises or other organizations which fully satisfy the criteria at Points a, c, dd and g, Clause 4 of this Article.

6. The key member will be exceptionally recognized if he/she is a leading scientist, talented young scientist who is recognized according to regulations on the utilization of individuals in scientific and technological activities or has won prestigious international awards in the field of research.

7. Other key members are lecturers, researchers and students of domestic and foreign higher education institutions or research institutes, and concurrently satisfy the following criteria:

a) Having a research orientation suitable to the research orientation of a strong research group in a higher education institution and having a commitment to register to join the strong research group;

b) Having had a scientific work published jointly with the group leader or key members in an international scientific journal or in a prestigious domestic scientific journal.

8. Members who are scientists from enterprises or other organizations need to fully satisfy the criteria in Article g, Clause 4 and Point a, Clause 7 of this Article.

Article 10. Incentive policies for strong research groups in higher education institutions

1. Strong research groups in higher education institutions are entitled to incentives from the State as follows:

a) Given priority to receive orders to perform national science and technology tasks;

b) Given priority to the proposal of allocating investment capital for investment projects to develop facilities and laboratories for scientific research and technology transfer activities according to the research fields of the strong research group according to the provisions of law provisions of the law on public investment;

c) Given priority to appoint members to participate in post-doctoral research programs to perform research tasks at domestic and foreign training institutions and research institutions; be sent to practice and work for a definite term to perform research tasks at overseas science and technology organizations under programs and projects approved by competent authorities;

d) Receive financial support to publish research results in reputable international scientific journals, register for protection of intellectual property rights for inventions or utility solutions or domestic and foreign plant varieties, publish scientific works of high scientific and practical value under programs or projects approved by competent authorities;

dd) To receive financial support for attending specialized scientific conferences and seminars at home and abroad according to programs and projects approved by competent authorities;

e) Receive support for using national key laboratories and other laboratories to carry out scientific and technological activities;

g) Be facilitated by public libraries and scientific and technological information organizations to access information and databases on science and technology to perform research tasks.

The supported and financed matters at points c, d and dd of this clause must not overlap with other supported and financed matters from the state budget.

2. Strong research groups in higher education institutions are entitled to incentives from the higher education institutions as follows:

a) Receive funds for regular operation, have working rooms and necessary office facilities for operation; be supported to find investment sources outside the state budget to build facilities and laboratories, and are assigned to directly manage and use facilities and laboratories from sources of funds for research activities; receive financial support according to the ability of the higher education institution to complete approved research assignment;

b) Group leaders and key members who are permanent lecturers of the organization leading strong research groups in higher education institutions are entitled to a 50% reduction in annual standard teaching hours.

Article 11. Responsibilities and rights of leading organizations, team leaders and members of strong research groups in higher education institutions

1. Responsibilities and rights of the organization leading strong research groups in a higher education institution

a) Guide and support permanent lecturers who meet the eligibility requirements for strong research group leader in higher education institutions specified in Clause 1, Article 9 of this Decree to gather domestic and foreign human resources who have built up research orientation and development plan in 5 years;

b) Issue regulations on incentives to develop strong research groups in higher education institutions, provide incentives for income and teaching hours for members of strong research groups in higher education institutions, and include regulations in financial regulations, internal spending regulations to ensure compliance with regulations and be publicly announced;

c) Formulate annual budget estimates and submit them to competent authorities for approval and allocate funds to implement the policy of incentives for strong research groups in higher education institutions according to regulations;

d) Prepare reports on the performance of the strong research group and send it to the superior agency on an annual basis.

2. Responsibilities and rights of a group leader

a) Formulate a research orientation and development plan for 5 years and submit it to the organization leading the strong research group for approval;

b) Make an application to request the leading organization to recognize a strong research group in a higher education institution;

c) Gather domestic and foreign teams in related fields of expertise to coordinate with members of strong research groups in higher education institutions to interpret research orientations and development plan for 5 years that has been approved; assign specific tasks to each member to carry out research activities associated with doctoral training, maintain stability and increase the quantity and quality of scientific and technological products every year;

d) Effectively use the facilities and equipment of the organization leading the strong research group in the higher education institution and those of the organizations and enterprises that cooperate in performing the research tasks; use the funds allocated in accordance with regulations to achieve the products committed in the description of the research orientation and development plan in 5 years; be accountable to the organization leading the strong research group in the higher education institution and relevant regulatory agencies;

dd) Send annual report on the performance of the strong research group to the leading organization;

e) Be autonomous in attracting experts, postgraduate students and interns to participate in performing research tasks of the strong research group in higher education institution; in admitting members to join strong research groups in higher education institution; in using and allocating resources within the strong research group in the higher education institution;

g) Propose to the organization leading the strong research group, relevant ministries, branches and agencies in the development of new research orientations and new training programs; to develop scientific and technological products of the strong research group in higher education institution;

h) Enjoy incentives and support policies equivalent to those for leading scientists in higher education institutions according to regulations on utilization of individuals in scientific and technological activities.

3. Responsibilities and rights of members

a) Effectively perform the tasks assigned by the group leader and be accountable to the group leader for the effective performance of the assigned tasks; actively participate in scientific and technological activities of the domestic and foreign scientific community;

b) Propose to the group leader about new research and training directions; be encouraged to discover and introduce excellent experts, scientists, postgraduate students, interns, trainees and students to join the strong research group in the higher education institution;

c) Key members are given priority to participate in post-doctoral research programs at foreign training institutions or research institutions; be given priority to be sent to practice and work for a definite time at overseas science and technology organizations to perform research tasks of the strong research group in the higher education institution according to programs and projects approved by the competent authorities;

d) A member of a strong research group in a higher education institution who is a lecturer or is committed to being a lecturer is given priority in funding support for training postgraduate students under doctoral training programs approved by competent authorities according to regulations;

d) Co-leaders of the group, key members being foreign scientists are entitled to incentives according to regulations on attracting overseas Vietnamese for scientific and technological activities and foreign experts participating in scientific and technological activities in Vietnam.

Article 12. Funding for implementation of incentive policies for strong research groups in higher education institutions

1. Funds for implementation of policies on incentives for strong research groups in higher education institutions shall be allocated from sources of funds for scientific and technological, education and training, development investment and other lawful sources according to the law on state budget, law on science and technology, law on public investment and other relevant regulations.

2. Higher education institutions supported by scientific and technological sources shall implement the incentives policy for strong research groups in higher education institutions for scientific and technological tasks ordered by the State as specified. Funds for implementation of incentives policies from the source of science and technology for strong research groups in higher education institutions may be provided from the national science and technology development fund or from the science and technology development fund of provinces and centrally affiliated cities and from other lawful funding sources (if any) according to regulations.

3. The superior agency competent to manage the state budget of the higher education institution shall summarize the budget estimates for the implementation of incentives policies for strong research groups in the higher education institution from cost estimates made by the higher education institution and send it to the Ministry of Science and Technology, the Ministry of Finance, and the Ministry of Planning and Investment for consolidation in accordance with the law on state budget.

Chapter IV

SCIENTIFIC, TECHNOLOGICAL AND INNOVATIVE ACTIVITIES IN HIGHER EDUCATION INSTITUTIONS

Article 13. Intellectual property activities in higher education institutions

1. The higher education institution shall develop a plan for implementation of intellectual property activities, issue regulations on exploitation of State-protected intellectual property and use other lawful intellectual property of the higher education institution, including:

a) In case the intellectual property is the result of a scientific and technological task funded by the state budget, the assignment of ownership rights to the higher education institution and return of the value shall comply with regulations of the law on intellectual property and the law on management and use of public property;

b) In case the intellectual property is formed from a scientific and technological task with the contribution of the sponsor, the higher education institution shall reach agreement with the sponsor on the assignment of ownership or co-ownership of the research results and profit sharing from production and business when research results are applied.

2. Higher education institutions are responsible for filing applications for protection of inventions, utility solutions, industrial designs and other intellectual property created from the higher education institution's budget and from state budget that the higher education institution is assigned to preside over the science and technology tasks as prescribed.

Article 14. Scientific research activities of lecturers and students in higher education institutions

1. Lecturers and postgraduate students are allowed to participate in or take charge of scientific and technological tasks at all levels and in scientific and technological activities of higher education institutions.

2. Students are facilitated to perform scientific and technological tasks at all levels and in scientific and technological activities of higher education institutions.

3. Students are facilitated to participate in scientific research and scientific and technological activities in higher education institutions

4. Higher education institutions shall guide and prioritize resources for students' scientific research activities; stipulate expenditure amounts for scientific research activities of students, scholarships and sponsorship for scientific research of students and postgraduate students; create favorable conditions on time to attract students and trainees to participate in scientific research.

5. Higher education institutions shall prescribe the number of hours of scientific research for lecturers to supervise students' scientific research topics; stipulate preferential regimes for lecturers who guide scientific research projects of students who win science and technology awards at all levels.

6. Higher education institutions shall stipulate the reward and preferential regime for lecturers and other forms of reward and scholarship for students with outstanding achievements in science, technology and innovative activities.

Article 15. Technology transfer activities in higher education institutions

1. Higher education institutions promote the dissemination of research results, introduce scientific achievements and technical advances, and create conditions for groups and individuals to apply and transfer research results. into real life and production and business, and at the same time provide scientific and technological services in higher education institutions.

2. Higher education institutions encourage their affiliated units and lecturers and students to implement technology transfer projects, guide legal procedures, sign contracts, and register technology transfer contracts.

3. Higher education institutions may transfer technology to domestic and foreign enterprises and organizations according to regulations, except for scientific and technological results that are classified as state secrets.

Article 16. Cooperation in science and technology between higher education institutions and enterprises outside higher education institutions

1. Higher education institutions proactively explore the needs of enterprises for technological innovation and product innovation in related fields, connect and cooperate in research to solve enterprises' needs, negotiate and sign cooperation documents with enterprises.

2. Public higher education institutions may cooperate with enterprises to invest in the construction of joint research laboratories, small and medium-sized business incubators, technical facilities to support small and medium-sized enterprises, and co-working areas at a higher education institution in accordance with the law on management and use of public property, public investment and relevant regulations; participate in the signing of contracts for consultancy, appraisal and technology assessment for enterprises' new projects of production, technology import or innovation as agreed.

3. Higher education institutions may receive financial support or equipment from enterprises for scientific, technological and exploitation activities as agreed with enterprises in accordance with the law on funding and aids.

4. Higher education institutions may contribute capital with intellectual property to enter into joint ventures and associations with enterprises outside higher education institutions in accordance with the law on intellectual property, the law on management, use of public property and receive profits from joint venture and association activities according to regulations. Enterprises may receive a share of intellectual property rights when receiving technology transfer from higher education institutions in accordance with the provisions of the law on intellectual property and the law on technology transfer.

5. Higher education institutions shall, based on regulations on scientific research of lecturers, calculate research hours for lecturers participating in scientific and technological activities at enterprises that cooperate with higher education institutions.

6. Enterprises may use their science and technology development funds to pay wages or hire experts who are lecturers and students of higher education institutions to carry out scientific and technological activities of the enterprise; to spend on scientific and technological research cooperation with higher education institutions in order to solve specific scientific problems in the fields of science and technology that are prioritized by the State or according to fields science and technology in clusters, chains of products that bring competitive advantages to enterprises: to spend on performing general research tasks or scientific research and transferring technology orders to higher education institutions; to spend on training and retraining of human resources in science and technology for enterprises at higher education institutions through short-term, long-term forms, internships and working. The use of the enterprise's science and technology development fund for the implementation of the above matters must comply with the regulations on management and operation of the fund, the provisions of the law on science and technology, and other relevant regulations.

7. Enterprises may invest in building joint research laboratories, small and medium-sized business incubators, technical facilities to support small and medium-sized enterprises, and co-working areas at higher education institutions to cooperate in research and improvement, technology development, application and trial production of new products in order to develop the enterprise's technology in accordance with the regulations on management and operation of the enterprise's science and technology development fund industry, regulations of law on science and technology and other relevant regulations.

8. Encourage qualified technical and managerial staff of the enterprise to participate in scientific, technological activities, to train and teach specialized subjects and professional skills, to supervise research, practice at higher education institutions; encourage lecturers of higher education institutions to participate in scientific and technological activities at enterprises.

Article 17. Startup and innovation ecosystem in higher education institutions

1. Higher education institutions promulgate regulations on supporting startups and innovation for lecturers and students, developing and forming a culture of startups and innovation in higher education institutions.

2. Higher education institutions form and develop innovation centers, start-up and innovation networks of their own, and coordinate with other higher education institutions to develop start-up and innovation network.

3. Higher education institutions shall develop incubation programs and training programs on startups and innovation for lecturers and students; form and develop startups and innovation from start-up ideas, innovation and research results of lecturers and students.

4. Higher education institutions support the establishment of enterprises and registration of science and technology enterprises to commercialize intellectual property rights protected by the State in order to develop the market and mobilize capital from the market, access to state preferential capital sources for science and technology enterprises.

5. Higher education institutions possessing patents and utility solutions that have been protected by the State may establish enterprises, register science and technology enterprises in order to exploit, improve and commercialize products according to regulations; may promulgate regulations and implement regulations on transfer of science and technology enterprises to organizations and individuals outside higher education institutions in order to have financial resources to reinvest in research activities and enhance science and technology potential for higher education institutions in accordance with the law on science and technology, the law on intellectual property, the law on management and use of state capital invested in production, doing business at enterprises, the law on management and use of public property and other relevant laws.

6. Higher education institutions may associate with organizations and individuals to establish science and technology development funds of higher education institutions according to regulations in order to form and develop innovation centers, small and medium-sized business incubators, technical facilities to support small and medium-sized enterprises, co-working areas; to develop start-up, innovation network, network of experts, mentors, consultants to support training courses, training, business promotion organizations, venture capital support funds; connect with the national innovation start-up network according to regulations.

Article 18. International cooperation in science and technology in higher education institutions

1. Encourage higher education institutions to promote cooperation with foreign organizations and individuals in science and technology in accordance with agreements on cooperation in science and technology between the Government of Vietnam and the Government of foreign countries or a cooperation agreement between a higher education institution and a foreign organization or individual in accordance with law.

2. The higher education institution selects a reputable and experienced foreign partner for cooperation in research and implementation of scientific, technological and innovative activities, and is solely responsible for the content and scope of cooperation, ensuring political security and national secrets; invite or hire foreign experts to participate in high-level research and training; partially support scholarships for lecturers and learners, training, academic exchange abroad, or support remuneration for foreign experts from the scientific and technological development fund of the higher education institution.

3. The higher education institution may cooperate in building laboratories between the educational institution and foreign partners in association with the implementation of international cooperation programs and projects on scientific research and technological development as prescribed.

4. Higher education institutions promote international cooperation in scientific publication in prestigious scientific journals; promote the quality of scientific journals of higher educational institutions to achieve regional and world standards; chair or participate in holding international scientific conferences and seminars in a number of strong fields and invite foreign scientists to co-chair; organize a professional and reputable international review network, publish yearbooks and other scientific publications according to international standards.

5. Higher education institutions may invite experts and sign contracts with reputable scientists and foreign researchers to cooperate, work and carry out scientific research and doctoral training at the institutions; send staff, lecturers, postgraduate students, strong research team members abroad to study and research.

6. Higher education institutions may use funds for performing scientific and technological tasks to sign professional contracts with foreign experts; receive financial support or equipment from foreign partners for scientific and technological activities and use them according to agreements with partners as prescribed.

7. Higher education institutions enable and together with officials and lecturers to sign professional contracts and join research groups of foreign science and technology organizations; be responsible for the appointment and management of officials and lecturers participating in cooperation and research activities with foreign countries according to regulations.

Article 19. Scientific and technological activities in higher education institutions

1. Higher education institutions shall develop programs and plans on science and technology information activities, upgrade scientific journals towards digital transformation; create and develop scientific and technological information sources; use scientific and technological information; disseminate and exchange scientific and technological information sources; implement scientific and technological information practices.

2. Higher education institutions build and develop information infrastructure, participate in building, updating and using the national database on science and technology; build, manage, connect and share databases on other science and technology to ensure the integration, exchange and sharing of synchronous and unified data; establish and initiate scientific and technological information networks; apply information and communication technologies, advanced technical means in information activities, scientific and technological statistics and innovation; build information pages and web portals on science and technology; build electronic libraries, digital libraries; keep and publish results of scientific and technological activities of higher education institutions.

3. Encourage higher education institutions to develop open educational science, adopt preferential policies for lecturers participating in the development of open educational resources, open online courses to the public, and transfer basic scientific research results using the state budget into open educational resources.

Article 20. Academic integrity in higher education institutions

1. Higher education institutions promulgate a set of rules on academic integrity in science, technology and innovation activities, ensuring the principles of honesty, responsibility, fairness and transparency in accordance with practices and in accordance with international practices.

2. Higher education institutions promulgate internal regulations, tools to control and handle violations to prevent acts of plagiarism, fraud and fabrication in scientific and technological, and innovative activities.

Chapter V

INVESTMENT IN THE DEVELOPMENT OF SCIENCE AND TECHNOLOGY POTENTIAL IN HIGHER EDUCATION INSTITUTIONS

Article 21. Investment in facilities for scientific and technological activities in higher education institutions

1. Investment in facilities for science and technology activities in higher education institutions, including the following:

a) Building centralized laboratories, modern and synchronous specialized and interdisciplinary laboratories; develop information infrastructure and database on science and technology to support scientific research activities;

b) Forming innovation centers, small and medium-sized business incubators, technical facilities to support small and medium-sized enterprises, co-working areas to support small and medium-sized enterprises to start their creative businesses, co-working areas in the innovation startup ecosystem of higher education institutions;

c) Digitizing libraries in higher education institutions to exploit domestic and foreign scientific and technological information databases;

d) Purchase scientific and technological information databases and intellectual property; purchase technology, support technology transfer and technology import from abroad according to regulations;

dd) Other matters as prescribed.

2. The State gives priority to invest in development of facilities for science and technology activities for a public higher education institution if it satisfies one of the following conditions:

a) It is a research-oriented higher education institution; it is an application-oriented higher education institution with many achievements in scientific research and technology transfer; it has strong research groups being recognized under this Decree; it takes the lead in the application of information technology, digital transformation and priority areas of industry 4.0;

b) It has interdisciplinary and inter-university key laboratories that effectively connect and associate with the actual capacity of the institution; it has applied science and technology to create new, highly commercialized products, or have subject laboratories that enhance basic research to serve the training of pedagogical students;

c) It has an important influence on regional and local development; it has sufficient capacity and conditions for scientific and technological infrastructure to solve problems related to socio-economic development of the region or plays an important role in human resource training, research and technology transfer for socio-economic development of the region;

d) It is assigned to provide training and scientific research in the fields prioritized by the State or has research tasks related to national products.

Article 22. Science and technology development funds of higher education institutions

1. Higher education institutions establish science and technology development funds.

2. Science and technology development funds of higher education institutions are formed from the following sources:

a) Funding set aside from tuition fees;

b) Voluntary contributions, sponsorships, donations, donations from alumni or from domestic and foreign organizations and individuals;

c) Other lawful sources of income.

3. The science and technology development fund of a higher education institution may be spent on the following:

a) Performing scientific and technological tasks at all levels without using the state budget; reciprocating scientific and technological tasks at ministerial level and equivalent or higher with the use of the state budget;

b) Supporting various types of research groups and lecturers to announce research results, register intellectual property, attend domestic and foreign scientific conferences and seminars, and purchase scientific documents; purchasing copyrights, scientific and technological databases; purchasing the right to own and use technology; inviting experts to attend conferences and seminars; supporting remuneration for freelance contracts signed with experts; supporting scientific and technological human resource training and retraining activities; supporting start-up groups of students and lecturers;

c) Rewarding permanent lecturers and students with high achievements in scientific research and technology transfer, winning national and international science and technology prizes;

d) Paying bonuses at least equal to the lowest average salary of regions of the business sector (hereinafter referred to as average salary) to the main author of the article who is a permanent lecturer of a higher education institution published in scientific journals in the WoS database; paying bonuses at least 05 times the average salary for the author of 01 invention and paying bonuses at least 03 times the average salary for the author of 01 utility solution or 01 plant variety; paying bonuses to the main author of articles published in journals in the Scopus catalog at a rate determined by the higher education institution;

dd) Equipping material and technical foundations, repairing, purchasing and maintaining equipment and working means, strengthening research capacity for scientific and technological development;

e) Sponsoring scientific research activities of students and young lecturers; supporting scholarships for students and postgraduate students;

g) Funding for preferential policies for strong research groups in higher education institutions specified in Clause 2, Article 10 of this Decree;

h) Carrying out scientific and technological activities sponsored or ordered by organizations and individuals according to agreements with sponsors;

i) Carrying out investment activities, reciprocal investment capital for start-up and innovation activities;

k) Engaging domestic and foreign organizations and individuals to advise and manage investment activities of the scientific and technological development fund of the higher education institution; carrying out technology incubation, science and technology business incubation, commercialization of scientific research and technological development results;

l) Carrying out other scientific, technological and innovative activities of the higher education institution.

4. The higher education institution shall promulgate regulations on the organization and operation of the science and technology development fund and shall be responsible for managing and using the fund according to the purposes of its establishment.

Article 23. Finance for scientific and technological activities in higher education institutions

1. Finance for scientific and technological activities in higher education institutions includes:

a) State budget from science and technology sources, education and training sources, science and technology development investment sources and other non-business sources as prescribed;

b) Lawful revenues outside state budget of higher education institutions include revenues from non-business activities, revenues from other services in support of training activities, business activities, community service, financial investment (if any) and other revenue sources as prescribed by law;

c) Sponsorship, aids, donation of alumni or domestic and foreign organizations and individuals for scientific and technological activities.

2. State budget expenditures for development of scientific and technological potentials in public higher education institutions include the following items:

a) From science and technology source: Funding for scientific and technological research tasks, preferential policies for strong research groups in higher education institutions specified in Article 10 of this Decree in accordance with regulations of the law on the state budget; financial support for publication of articles in prestigious international scientific journals; registration of inventions and utility solutions; support of the commercialization of scientific research and technology development results, technology incubation and innovation; supporting the development and improvement of the quality of scientific journals to join the regional and international citation system; spending on projects on strengthening research capacity, projects on maintenance, repair and repair of facilities and equipment; purchase of domestic and foreign scientific and technological information databases; paying bonuses equal to the lowest average salary for valuable scientific publications, equal to 03 times the average salary for 01 invention, equal to 02 times the average salary for 01 utility solution or 01 plant variety; spending on training and retraining of science and technology human resources and spending on other science and technology activities as prescribed;

b) From science and technology development source: Spending on projects of centralized investment laboratories, specialized and interdisciplinary laboratories, projects on strengthening research capacity, projects on library digitization in higher education institutions and other scientific and technological development investment projects;

c) From education and training source: grant of scholarships, covering tuition fees, expenses for postgraduate students who are lecturers or committed to be lecturers according to the State's doctoral training programs as prescribed;

d) From other non-business sources: Investment in science and technology can be arranged in accordance with the law on state budget, the law on public investment and other relevant regulations.

The sponsorship and support items must not be duplicated with other grant and support items from the state budget.

3. State budget expenditures on development of scientific and technological potentials in private higher education institutions include the following items:

a) From science and technology source: Sponsoring scientific and technological research tasks ordered by the State; supporting scientific and technological human resource training and retraining activities, encouraging other scientific and technological activities according to the State's programs or schemes;

b) From education and training source: grant of scholarships, covering tuition fees, expenses for postgraduate students who are lecturers or committed to be lecturers according to the State's doctoral training programs for private higher education institutions as prescribed.

The contents of sponsorship and support specified at Point c, Clause 2 and Point b, Clause 3 of this Article must not overlap with the sponsorships and supports that have been or are being made with the science and technology source, the education and training source or other funding sources of the State.

4. Expenditures from the science and technology development fund of the higher education institution on the items specified in Clause 3, Article 22 of this Decree.

5. Higher education institutions promulgate financial regulations for scientific and technological activities in higher education institutions in their financial regulations and internal spending regulations according to their autonomy decentralization, ensuring compliance with the law on state budget, science and technology, public investment, education, and higher education and making it public.

Article 24. Management, use and settlement of funds for performing science and technology tasks in higher education institutions

1. Funds for performing science and technology tasks in higher education institutions are provided from the state budget, partly from the state budget or not from the state budget.

2. Scientific and technological tasks using the state budget

a) As for science and technology tasks funded with the state budget, the making of budget estimates, financial and asset management of science and technology tasks, and procedures for funding and payment of funds; management of science and technology contracts in accordance with the law on state budget, on science and technology, on management and use of public property and related regulations;

b) Scientific and technological tasks shall be performed according to the method of lump sum payment to the final product or the method of partial payment according to regulations;

c) As for scientific and technological tasks with a portion of funding outside the state budget, the higher education institution needs to clearly define the items that use funds from the state budget and outside the state budget to apply proper regulations.

The process of making cost estimates, making payment and settlement of expenditures using the state budget shall comply with Point a of this Clause; the process of making cost estimates, making payments for non-state budget expenditures shall comply with Point b, Clause 3 of this Article.

3. Scientific and technological tasks not using the state budget

a) A higher education institution may register to perform science and technology tasks at all levels from the science and technology development fund or from other lawful revenue sources of the institution when fully meeting the criteria of science and technology service tasks at the given registration level;

b) The process of making cost estimates, payment and settlement of funds for science and technology tasks that do not use the state budget shall comply with the financial regulations of the higher education institution. The higher education institution is responsible for organizing the appraisal of the cost estimate of the task; if the required labor hours, equipment and materials to complete defined products or work activities have not been identified, the higher education institution shall decide and take responsibility for its decision.

4. The final accounts of funding sources for performing scientific and technological tasks shall be prepared separately and fully reported to regulatory agencies as prescribed.

Chapter VI

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS IN SCIENTIFIC, TECHNOLOGICAL AND INNOVATIVE ACTIVITIES IN HIGHER EDUCATION INSTITUTIONS

Article 25. Responsibilities of the Ministry of Education and Training

1. Guide the proposal, formation and development of start-up and innovation support centers in higher education institutions; develop a network of experts, mentors and consultants for innovative startups, and connect with the National Innovation Startup Network.

2. Guide higher education institutions in exploiting the infrastructure, equipment, laboratories, testing and available space of higher education institutions to serve the activities of innovation startup support centers.

3. Guide, monitor, urge and inspect the implementation of science, technology and innovation activities in higher education institutions according to their competence.

Article 26. Responsibilities of the Ministry of Science and Technology

1. Guide incentives for strong research groups in higher education institutions when ordering national science and technology tasks.

2. Guide the autonomy mechanism for science and technology organizations in higher education institutions.

3. Develop and initiate a pilot project to support the establishment of science and technology enterprises to exploit, perfect and commercialize intellectual property rights in higher education institutions; guide higher education institutions to set up small and medium-sized business incubators, technical facilities to support small and medium-sized enterprises, and co-working areas to support small and medium-sized start-ups.

Article 27. Responsibilities of the Ministry of Finance

Summarize and submit to competent authorities the plan of recurrent expenditures for science and technology activities in higher education institutions in accordance with the law on state budget.

Article 28. Responsibilities of the Ministry of Planning and Investment

Summarize and submit to the Government and the Prime Minister annual and medium-term plans for public investment to implement science and technology investment programs and projects in higher education institutions approved by competent authorities in accordance with the law on public investment.

Article 29. Responsibilities of ministries, ministerial-level agencies and Governmental agencies

1. Guide, monitor, urge and inspect the implementation of scientific and technological activities of affiliated higher education institutions according to this Decree.

2. Prioritize approval of ministerial-level science and technology tasks for the lead organization being a higher education institution as prescribed.

3. Promulgate according to its competence policies on attracting and employing lecturers with achievements in scientific research working at affiliated higher education institutions, policies on mobilizing financial resources from enterprises for supporting and sponsoring and carrying out scientific and technological activities at higher education institutions.

Article 30. Responsibilities of People's Committees of provinces and centrally affiliated cities

1. Guide, monitor, urge and inspect the implementation of scientific and technological activities of affiliated higher education institutions according to this Decree.

2. Prioritize approval of province-level science and technology tasks for the lead organization being a higher education institution as prescribed.

3. Promulgate according to its competence policies on attracting and employing lecturers with achievements in scientific research working at affiliated higher education institutions, policies on mobilizing financial resources from enterprises for supporting and sponsoring and carrying out scientific and technological activities at higher education institutions.

4. Apply the results of performing scientific and technological tasks proposed and ordered by the People's Committees of provinces and centrally affiliated cities from higher education institutions for socio-economic development in the provinces and support scientific and technological activities of higher education institutions from the local budget.

Article 31. Responsibilities and rights of higher education institutions

1. Promulgate detailed regulations on scientific and technological activities in higher education institutions, associate scientific research with undergraduate and postgraduate training, ensure democracy, transparency and accountability explanation; be responsible for the decentralization of management and efficiency of scientific and technological activities in the higher education institution.

2. Implement a mechanism of autonomy and self-responsibility in scientific and technological activities according to regulations on autonomy; take the initiative in formulating long-term and annual science and technology plans; perform scientific and technological tasks at all levels that have been approved.

3. Formulate plans and mobilize funding sources for science and technology activities in higher education institutions; construct infrastructure investment projects; establish science and technology organizations, enterprises, science and technology development funds. Form different types of research groups and recognize strong research groups in higher education institutions based on the potential and development strategy.

4. Facilitate working conditions, build capacity and promote motivation, respect creative freedom and academic autonomy of lecturers and students; reward lecturers and researchers with outstanding achievements in science, technology and innovation activities.

5. Enable enterprises, organizations and individuals to invest in developing potentials and encourage scientific, technological and innovative activities in higher education institutions. Promote and facilitate the formation of science and technology enterprises and enterprises in higher education institutions.

6. Ensure proper use of investment capital for the right purposes, regulations, transparency and efficiency, and take responsibility for investment in science, technology and innovation activities at higher educational institutions.

7. Promulgate regulations to develop strong research groups and research groups in higher education institutions; have preferential regimes for members of research groups and strong research groups in higher education institutions and are specified in the financial regulations and internal spending regulations according to the university autonomy decentralization, ensuring compliance with comply with regulations of law on state budget, science and technology, public investment, education and higher education and be made public.

8. Promulgate regulations and take self-responsibility for academic integrity for scientific, technological and innovative activities of higher education institutions.

9. Annually, each higher education institution shall set aside at least 5% from tuition fees; each research-oriented higher education institution shall set aside at least 8% from tuition fees for science, technology and innovation activities. Funds set aside from tuition fees may only be used for scientific, technological and innovative activities of students and permanent lecturers and for developing the scientific and technological potential of the higher education institution. Encourage higher education institutions to use other lawful sources of income to set aside for their science and technology development funds. The set-aside, management and use of the science and technology development fund of a higher education institution must be specified in the institution's financial regulations and internal spending regulations in accordance with current laws and made publicly available.

10. Have the autonomy to decide on the conclusion of labor contracts with foreign experts participating in science and technology activities and to report to the competent management agency.

11. Have the autonomy to decide on the use of facilities, laboratories and equipment invested in service of training, scientific research, development of innovative start-up ecosystems, technology transfer and provide scientific and technological services according to regulations.

12. Public higher education institutions that cover their own recurrent expenditures are entitled to autonomously use lawful non-state budget revenues to invest in projects to conduct scientific research and technology transfer as prescribed.

13. Organize the examination, supervision and evaluation of results, settle complaints and denunciations, commend and reward and handle violations of science and technology activities in higher education institutions.

Article 32. Responsibilities and rights of enterprises, organizations and individuals participating in science and technology activities in higher education institutions

1. Use funds from the enterprise's science and technology development fund to order higher education institutions for technological research, development and innovation for enterprises; invest in building joint research laboratories located at higher education institutions; invest in science and technology development funds of higher education institutions and other science and technology activities.

2. Order higher education institutions to perform the task of researching and initiating science and technology applications according to the list of science and technology fields encouraged and prioritized by the State.

3. Be given priority to promote and introduce production and business activities, to exploit investment properties formed during the cooperation process and to enjoy the profit rate agreed upon with the higher education institution;

4. Enjoy incentives from the business of scientific and technological products created in the course of cooperation with higher education institutions.

5. The State recognizes and protects the ownership of assets, investment capital, income, and other lawful rights and interests of enterprises, organizations and individuals when investing in scientific and technological activities. in higher education institutions.

Article 33. Reporting regime

Ministries, ministerial-level agencies, Governmental agencies, People's Committees of provinces and centrally affiliated cities shall report on results of implementation of science and technology activities in higher education institutions within their scope on an annual or ad-hoc basis according to regulations, and send them to the Ministry of Education and Training and the Ministry of Science and Technology for monitoring and consolidation.

Chapter VII

IMPLEMENTATION

Article 34. Transitional provisions

Scientific and technological activities in higher education institutions have been approved by competent authorities in accordance with the Government's Decree No. 99/2014/ND-CP dated October 25, 2014 on investment potential development and encouragement of scientific and technological activities in higher education institutions before this Decree takes effect may continue until completion.

Article 35. Entry in force

1.

2. Decree No. 99/2014/ND-CP dated October 25, 2014 of the Government on investment in potential development and encouragement of scientific and technological activities in higher education institutions has expired from the effective date of this Decree.

Article 36. Implementation

Ministers, heads of ministerial-level agencies and governmental agencies, chairpersons of provincial-level People's Committees and concerned institutions and individuals shall implement this Decree.

 

ON BEHALF OF THE GOVERNMENT PP. THE PRIME MINISTER DEPUTY MINISTER Vu Duc Dam