Chương V Nghị định 109/2022/NĐ-CP: Đầu tư phát triển tiềm lực khoa học và công nghệ trong cơ sở giáo dục đại học

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.