Chương 3 Nghị định 169/2007/NĐ-CP về việc huy động tiềm lực khoa học và công nghệ phục vụ công tác công an: Quyền, nghĩa vụ chính sách đối với cơ quan, tổ chức, cá nhân được huy động

Chapter 3

RIGHTS AND OBLIGATIONS OF, AND POLICIES TOWARDS AGENCIES, ORGANIZATIONS AND INDIVIDUALS SUBJECT TO MOBILIZATION

Article 22. Rights and obligations of agencies, organizations and individuals having their scientific and technological resources mobilized

1. Agencies, organizations and individuals having their scientific and technological resources mobilized enjoy the following rights:

a/ To be informed of the mobilization related to their scientific and technological resources;

b/ To be compensated in time and reasonably for the damage caused to their legitimate interests due to the implementation of mobilization decisions;

c/ To enjoy intellectual property rights, to have their scientific and technological products kept secret upon mobilization under provisions of law, to be secured with their legitimate rights and interests arising from scientific and technological activities in the course of implementing the mobilization decisions;

d/ Individuals, who hold or are closely associated with state secrets in the scientific and technological domains and are mobilized in service of public security-related work, are protected under the provisions of law.

2. Agencies, organizations and individuals having their scientific and technological resources mobilized have the following obligations:

a/ To fully and promptly meet the mobilization requirements under mobilization decisions of competent bodies;

b/ To keep the state secrets on mobilization in accordance with the provisions of law on protection of state secrets.

Article 23. Policies towards mobilized scientific and technological activists

1. While being mobilized, scientific and technological activists being cadres, officials or servants salaried by the state budget will enjoy full pays, regimes and policies like when they work at state agencies or organizations, which are paid by agencies managing those individuals. Besides, they will enjoy allowances to be paid by mobilizing public security agencies at the following levels:

a/ 30% of the salaries and position based allowances (if any) they enjoy before the mobilization, other allowances, if the mobilization duration is under six months;

b/ 50% of the salaries and position-based allowances (if any) they enjoy before the mobilization, other allowances, if the mobilization duration ranges from 6 months to under one year;

c/ 80% of the salaries and position-based allowances (if any) they enjoy before the mobilization, other allowances, if the mobilization duration is one year or more.

2. Scientific and technological activists not salaried by the state budget, when mobilized, will enjoy pays, remuneration at levels agreed between them and mobilizing agencies but not in excess of the salary or remuneration levels of cadres, officials or servants with equivalent salary scale and rank. In addition, they are entitled to allowances specified at Points a, b and c, Clause 1 of this Article.

Pays to scientific and technological activists not salaried by the state budget will be paid by mobilizing public security agencies.

3. If they are mobilized to work extra hours, on weekends or public holidays, scientific and technological activists will enjoy regimes and policies applicable to laborers according to the provisions of the Labor Code and relevant state regulations.

4. In addition to the regimes and policies defined in Clauses 1, 2 and 3 of this Article, scientific and technological activists with outstanding achievements will be commended or rewarded and enjoy other preferential regimes prescribed by law.

5. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs, the Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs, and the Ministry of Science and Technology in, guiding the implementation of preferential regimes and policies prescribed in this Article for mobilized scientific and technological activists if they suffer from physical damage (diseases, injuries, death).

Article 24. Compensation to organizations and individuals for their mobilized material and technical foundations

1. The compensation to state agencies having their material and technical foundations mobilized adheres with the provisions of law.

2. The compensation to organizations and individuals having their material and technical foundations mobilized complies with the following principles:

a/ All damage, losses caused to mobilized objects due to the mobilization shall be reasonably compensated:

b/ The compensation level is calculated at the market prices at the time of mobilization;

c/The compensation must be made in time.

3. The State ensures budget for compensation when material and technical foundations are mobilized for public security -related work.