CHAPTER II
SPECIFIC PROVISIONS
Section 1. REGARDING TASKS
Article 5.- Determination and performance of scientific and technological tasks
1 . Based on the State's orientations for scientific and technological development priorities, demands of the society and enterprises, as well as their receptive functions, tasks and operation domains, scientific and technological organizations shall determine by themselves scientific and technological tasks and measures to perform such tasks.
2. Based on the lists of scientific and technological tasks, announced annually by the Ministry of Science and Technology, ministries, branches and localities, scientific and technological organizations shall decide by themselves on their participation in the selection and bidding for the performance of the State's scientific and technological tasks as well as measures to perform such tasks.
3. Scientific and technological organizations shall decide by themselves on measures to perform scientific and technological tasks assigned or ordered by state agencies, ensuring the quality and progress as requested.
4. Scientific and technological organizations may:
a/ Sign contracts on the performance of ‘scientific and technological tasks or the provision of scientific and technological services with domestic and foreign organizations and individuals; cooperate with domestic and foreign organizations and individuals in the performance of their tasks.
b/ Decide by themselves to invite foreign experts or scientists into Vietnam or send Vietnamese officials abroad for working trips.
c/ Decide on the development investment from loan capital, capital mobilized from domestic and foreign organizations and individuals, and from their own non-business activity development funds.
Article 6.- Production business activities Apart from the above-mentioned provisions of Article 5, scientific and technological organizations may also:
1 . Produce and trade in goods, and provide services within their professional domains and other domains according to the provisions of law; and be granted business registration certificates.
2. Enter into production joint venture or cooperation with domestic and foreign organizations and individuals.
3. Directly export and import technologies, products and goods within their professional domains according to the provisions of law.
4. Participate in bidding for the performance of contracts on production of goods and provision of services in line with their professional domains.
Section 2. REGARDING FINANCE AND PROPERTY
Article 7.- Funding sources
Depending on their functions, tasks and activities, scientific and technological organizations may have the following funding sources:
1 . Funds allocated by the state budget, including:
a/ Funds for the performance of the State's scientific and technological tasks assigned for ordered directly or through selection or bidding by state agencies, which are allocated by mode of contracting package on the basis of contracts for the performance of scientific and technological tasks, entered into between state agencies and scientific and technological organizations.
b/ Funds for regular activities.
The allocation of regular activity funds to scientific and technological organizations is stipulated as follows:
- For scientific and technological organizations defined in Clause 2, Article 4 of this Decree, competent state management' agencies shall continue to provide regular activity funds for them in the period in preparation for organizational and operational transformation (by December 2009 at the latest) if such organizations have had schemes on organizational and operational transformation approved in 2006.
- For scientific and technological organizations defined in Clause 3, Article 4 of this Decree, their annual regular activity funds shall be allocated by mode of contracting package according to assigned functions and tasks.
c/ Capital construction investment capital; project reciprocal capital; funds for the procurement of equipment and the overhaul of fixed assets.
d/ Other funding sources (if any).
2. Revenues from non-business activities, including charge and fee revenues according to regulations; revenues from service provision; revenues from scientific research, technological development and technology transfer contracts; revenues from production business activities; revenues from other non-business activities (if any).
3. Other funding sources, including fixed asset depreciation capital; retained revenues from the liquidation of assets according to regulations; capital mobilized from individuals and loan capital from credit institutions; financial support capital, aid, donations and gifts of domestic and foreign organizations and individuals; other lawful funding sources provided for by law (if any).
Article 8.- Use of funding sources
The use of funding sources by scientific and technological organizations is stipulated as follows:
1 . Regarding expenditures on performance of scientific and technological tasks
To apply the mode of expenditure contracting package for the performance đ the State's scientific and technological tasks (in forms of scientific and technological programs, subjects and projects) in all domains of scientific and technological activities (including scientific c and technological tasks under national target programs, urgently assigned scientific and technological tasks), which are assigned or ordered directly or through selection or bidding by state agencies. Scientific and techno- logical organizations may decide by themselves on the use o~ contracted funds for the performance of their tasks, ensuring the quality and implementation progress requirements under contracts.
2. Regarding expenditures on wages Scientific and technological organizations must pay wages and wage-based deductions to officials, employees and laborers at levels at least equal to those under the State's regulations on wage ranks and grades and positions.
When the State adjusts the minimum wage level, wage ranks or grades, or wage-based deductions, scientific and technological organizations must use their funding sources to pay wages and wage- based deductions to their officials, employees and laborers according to the State's adjustment. For scientific and technological organizations defined in Clause 3, Article 4 of this Decree, competent state management agencies shall consider the additional allocation of funds to each scientific and technological organization.
3. Regarding the appropriation for setting up funds
Annually, after paying all reasonable expenses and fulfilling obligations towards the State according to regulations, for the positive differences between revenues and expenditures (if any), scientific and technological organizations may make appropriations there from for setting up funds according to the provisions of law. Particularly, the minimum level of appropriation for setting up non-business activity development funds must be equal to 30% of the total positive revenue-expenditure difference.
The use of funds shall be decided by heads of to their regulations on internal expenditure.
4. Regarding expenditures on other activities al For funds allocated from the state budget as provided for at Point c, Clause 1 , Article 7 and several other funds provided for at Point d, Clause 1 , Article 7, scientific and technological organizations must abide by the State's regulations on spending criteria, norms and contents.
The Ministry of Finance shall provide for a number of State-allocated funds defined at Point d, Clause 1 , Article 7, which must comply with the State's regulations on spending criteria, norms and contents.
b/ Scientific and technological organizations may decide by themselves on the use of funding sources for spending on their activities (except for several activities specified in Clauses 1 , 2 and 3, and item a, Clause 4, of this Article).
5. Regarding expenditures on increased
For the remaining fund balance after subtracting all expenditures and appropriations for setting up of funds according to regulations, scientific and technological organizations may decide by themselves on the spending thereof on the increase of incomes for
their officials, employees and laborers according to their regulations on internal expenditure.
Article 9.- Preferential policies
Scientific and technological organizations defined at Point a, Clause 1 , Article 4 of this Decree shall be entitled to the following preferential policies:
1. Being considered and provided by the State Development Assistance Fund with preferential credits or post-investment interest-rate support for investment projects that meet the conditions and fall within the prescribed objects.
2. Being considered and provided by competent state agencies with development investment support, for scientific and technological organizations that meet the prescribed conditions.
3. Being entitled to liquidate or transfer property they have procured with their own funding sources.
4. Being entitled to open bank accounts for conducting transactions relating to production business activities according to regulations.
5. Enjoying interests and preferential policies applicable to scientific and technological
organizations as well as preferential policies applicable to newly-established production enterprises.
6. Being entitled to borrow capital from organizations and individuals, or borrow credit from banks for investment in production expansion and raising of the quality of their activities, and having to repay loans according to regulations; being entitled to use property formed from loan capital for mortgage according to regulations.
7. Being assigned to manage and use the State's property according to the provisions of law; to use fixed asset depreciation deduction amounts and proceeds from the liquidation of assets belonging to state budget capital for addition to their non-business activity development funds; the fixed asset depreciation deduction amounts and proceeds from the liquidation of assets belonging to loan capital shall be used to pay loan principals and interests, the balance (if any) shall be added to the organizations' non-business activity development funds.
8. Being entitled to contribute capital with money, property, land use right value and intellectual property rights in order to carry out scientific and technological activities or production business activities according to the provisions of law.
Section 3. REGARDING ORGANIZATIONAL STRUCTURES AND PAYROLLS
Article 10.- Regarding organizational structure Heads of scientific and technological organizations may:
1 . Decide on the restructuring of organizational apparatuses; establish, merge or dissolve, and define the functions, tasks, powers and working regulations of, attached divisions and institutions.
2. Decide on the appointment, re-appointment, resignation and dismissal of heads and deputy heads of attached divisions and institutions.
3. Propose personnel and submit to leaders of superior managing agencies for decision the appointment, re-appointment or dismissal of deputy heads of their organizations.
Article 11.- Regarding payrolls and recruitment of employees
Heads of scientific and technological organizations may:
1. Decide on total annual payrolls of the organizations, based on the personnel demands and financial capability of their organizations.
2. Decide on the recruitment of employees in form of recruitment examination or recruitment consideration; sign labor contracts with new recruits.
3. Sign labor contracts with employees who had been recruited in payrolls before the effective date of the Government's Decree No. 116/2003/ND-CP of October 10, 2003, on the recruitment, employment and management of officials and employees in the State's non-business units.
4. Sign labor contracts for the performance of jobs not requiring regular payrolls.
Article 12.- Employment of officials and employees
Heads of scientific and technological organizations may:
1 . Decide on the arrangement and employment of officials and employees according to their respective professional capability and qualifications.
2. Decide on the transfer, secondment, retirement, severance, and labor contract
termination according to the provisions of law.
3. Decide on the salary grades for officials and employees recruited to work in the organizations; decide on the salary grade promotion on schedule, ahead of schedule or grade skipping within the same salary rank; decide on the appointment to the employee rank or the transfer of the employee rank from the major researcher rank or equivalent and lower ranks.
4. Consider and appoint officials and employees to leading positions after their apprenticeship, who are allowed to sign indefinite labor contracts, have worked for three years or more, and fully meet the conditions as required.
5. Decide on the commendation and disciplining of officials and employees under their management according to the provisions of law.
Tìm kiếm
Nghị định 115/2005/NĐ-CP (Bản Word)