Chương II Nghị định 109/2022/NĐ-CP: Tổ chức và quản lý hoạt động khoa học và công nghệ trong cơ sở giáo dục đại học

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.