Chương 1 Nghị định 115/2005/NĐ-CP: Những quy định chung

Chapter 1

GENERAL PROVISIONS

Article 1.- Scope of regulation and objects of application

1 . Scope of regulation

This Decree provides for the mechanism on autonomy and self-management with regard to the tasks, finance and property, organizational structures and payrolls of public scientific and technological organizations.

2. Objects of application

Scientific and technological organizations subject to the application of this Decree are scientific research organizations, scientific research and technological development organizations, and scientific and technological service organizations,

that have the legal person status, their own seals and bank accounts and are established under decisions of competent state agencies.

Article 2.- Purposes

The purposes of the autonomy and self - management mechanism are:

1 . To enhance the responsibilities and raise the activity, initiative, dynamism and creativity of scientific and technological organizations and of their heads.

2. To create conditions for combining scientific research and technological development with production, business and human resource training, and speed up the socialization of scientific and technological activities.

3. To create conditions for making concentrated investment in scientific and technological organizations.

4. To raise the operation efficiency of scientific and technological organizations, contributing to enhancing the national scientific and technological potential.

Article 3.- Principles

The principles of the autonomy and self- management mechanism are:

1 . Exercising autonomy must be coupled with taking self-responsibility for activities of scientific and technological organizations.

2. Exercising publicity and democracy in activities of scientific and technological organizations.

3. Efficiently managing and using resources assigned by the State to, and other resources of, scientific and technological organizations.

4. Fulfilling with high efficiency the tasks assigned or ordered by state agencies and tasks of scientific and technological organizations, ensuring the development of scientific and technological organizations.

Article 4.- Organizational and operational transformation

1. Scientific research and technological development organizations as well as scientific and technological service organizations that self finance their regular activities may opt to transform themselves into ones organized and operating in either of the following two forms:

a/ Self-financing scientific and technological organizations.

b/ Scientific and technological enterprises.

The organizational models and operation modes of scientific and technological enterprises, and the process of transformation into scientific and technological enterprises shall be stipulated in a separate document of the Government.

2. Scientific research and technological development organizations as well as scientific and technological service organizations that are unable to self finance their regular activities yet, shall, by December 2009 at the latest, have to transform themselves into ones organized and operating in either of the two forms specified in Clause 1 of this Article, or be merged or dissolved.

3. For scientific research organizations engaged in basic research or research into strategies and policies in service of state management, the state budget shall provide funds for their regular activities according to their assigned tasks; and they shall be organizationally restructured and consolidated to raise their operation efficiency.