Nghị định 87/2014/NĐ-CP về thu hút cá nhân hoạt động khoa học và công nghệ là người Việt Nam ở nước ngoài và chuyên gia nước ngoài tham gia hoạt động khoa học và công nghệ tại Việt Nam

NGHỊ ĐỊNH

QUY ĐỊNH VỀ THU HÚT CÁ NHÂN HOẠT ĐỘNG KHOA HỌC VÀ CÔNG NGHỆ LÀ NGƯỜI VIỆT NAM Ở NƯỚC NGOÀI VÀ CHUYÊN GIA NƯỚC NGOÀI THAM GIA HOẠT ĐỘNG KHOA HỌC VÀ CÔNG NGHỆ TẠI VIỆT NAM

Căn cứ Luật Tổ chức Chính phủ ngày 25 tháng 12 năm 2001;

Căn cứ Luật Khoa học và Công nghệ ngày 18 tháng 6 năm 2013;

Theo đề nghị của Bộ trưởng Bộ Ngoại giao,

Chính phủ ban hành Nghị định quy định về thu hút cá nhân hoạt động khoa học và công nghệ là người Việt Nam ở nước ngoài và chuyên gia nước ngoài tham gia hoạt động khoa học và công nghệ tại Việt Nam.

DECREE

REGULATION ON ATTRACTING INDIVIDUALS WHO ARE VIETNAMESE PEOPLE LIVING ABROAD AND FOREIGN EXPERTS TO PARTICIPATE IN SCIENCE AND TECHNOLOGY ACTIVITIES IN VIETNAM

Pursuant to the Law on organization of Government dated December 25, 2001;

Pursuant to the Law on Science and Technology dated June 18, 2013;

At the request of the Minister of Foreign Affairs,

The Government issues the Decree on attracting individuals who are Vietnamese people living abroad and foreign experts to participate in science and technology activities in Vietnam.

Chapter I

GENERAL REGULATION

Article 1. Scope

This Decree defines the policy on attracting individuals who are Vietnamese people living abroad and foreign experts to participate in science and technology activities in Vietnam and the responsibility for implementation of agencies, organizations and individuals concerned.

Article 2. Subjects of application

1. Individuals who are Vietnamese people living abroad participate in science and technology activities in Vietnam (hereafter referred as Vietnamese living abroad).

2. Individuals who are foreign experts participate in science and technology activities in Vietnam (hereafter referred as foreign experts).

3. Agencies and organizations employ the subjects defined in Clause 1 and 2 of this Article and other relevant agencies, organizations and individuals.

Article 3. Condition for entitlement of attraction policies

1. The Vietnamese living abroad and foreign experts participate in science and technology activities in Vietnam will be entitled to the policies defined in this Decree if they meet one of the following conditions:

a) Have patents or plant variety with registered intellectual property rights in accordance with scientific and technological tasks implemented in Vietnam;

b) Having excellent technological and scientific research in accordance with scientific and technological tasks implemented in Vietnam;

c) Having doctor’s degree and having been teaching and studying science and technology transfer at prestigious research centers abroad in the professional areas in accordance with scientific and technological tasks in Vietnam;

d) Having doctor’s degree and working over 03 years of scientific research for the international cooperation programs or projects on science and technology or at the research division of a prestigious business abroad.

2. Based on the demand for technological and scientific development and at the request of using agencies, the Ministry of Science and Technology will coordinate with the other Ministries and agencies to request the Prime Minister to consider and decide the employment for cases not meeting the conditions specified in Clause 1 of this Article.

Chapter II

ATTRACTION POLICIES

Article 4. Policies on entry, exit and residence

1. The Vietnamese living abroad and foreign experts are the persons concerned in this Decree and their families (including parents, spouse, natural child and adopted child under the age of 18) who will be issued with multi-entry visa or temporary residence card with a maximum term prescribed by law on entry, exit and residence of foreigners working in Vietnam.

2. Vietnamese living abroad and foreign experts who are awarded medals or State honor titles or are temporarily residing in Vietnam will be considered to be issued with permanent residence Card prescribed by law on entry, exit and residence of foreigners working in Vietnam.

Article 5. Policies on recruitment, labor and study

1. The Vietnamese living abroad during the time working in Vietnam are appointed or hired to assume the leadership title of technological and scientific organization or assigned to be in charge of implementing the scientific and technological tasks at all levels and considered for recognition, appointment of scientific research title or technology titles under the provisions of the Law on Science and Technology.

2. Foreign experts during the time working in Vietnam are hired to assume the leadership title of technological and scientific organization or assigned to be in charge of implementing the technological and scientific tasks.

3. The Vietnamese living abroad and foreign experts are given conditions for being issued with working permit under the simplified process and procedures.

4. The family members of Vietnamese living abroad and foreign experts (including parents, spouse, natural child and adopted child under the age of 18) are given the conditions and supported concerning the procedures when looking for job, admitted to school or studying at training and education establishments in Vietnam.

Article 6. Policies on salary

The Vietnamese living abroad and foreign experts carry out their technological and scientific tasks in Vietnam will receive their agreed salary which is defined on the basis:

1. Priority level of technological and scientific tasks.

2. Nature, scale and significance of technological and scientific activities.

3. Qualifications, competence and contribution effectiveness of individuals.

Article 7. Policies on housing

The Vietnamese living abroad and foreign experts are given conditions for accommodation or assisted with accommodation hiring during the time participating in technological and scientific activities in Vietnam.

Article 8. Policies on information access

1. Before participating in technological and scientific activities in Vietnam, the Vietnamese living abroad and foreign experts are given information and advice on orientation and technological and scientific areas with prioritized development in Vietnam and technological and scientific organizations having demand for and potential of cooperation.

2. During the implementation of technological and scientific tasks in Vietnam, the Vietnamese living abroad and foreign experts will be provided with necessary information related to professional activities.

Article 9. Policies on commendation and glorification

The Vietnamese living abroad and foreign experts making great contribution to the technological and scientific development of Vietnam will be conferred the honorable scientific title and medal for the technological and scientific career or glorified and commended under regulations of law.

c Article 10. Other policies

In addition to the policies specified in Article 4, 5, 6, 7, 8 and 9 of this Decree, the Vietnamese living abroad and foreign experts will be entitled to the rights and policies as follows:

1. The Vietnamese living abroad are entitled to the rights specified in Article 20 of the Law on Science and Technology.

2. The Vietnamese living abroad and foreign experts are entitled to the following policies:

a) Being entitled to a maximum of tax as prescribed by law;

b) Transferring legal incomes to abroad under the regulations of law on management of foreign exchange and other relevant laws of Vietnam; in case of legal incomes in Vietnam dong, they may buy foreign currency to be transferred abroad.

c) Given favourable conditions by employing agencies or organizations of working office, equipment, materials, lab, experimental establishment and other necessary conditions to carry out the technological and scientific tasks in Vietnam.

d) Using free of charge the national key lab and other key labs to implement the technological and scientific tasks at national level with state budget;

dd) Given conditions for use of materials, books, magazines, internet services for professional activities;

e) Funded for organizing the technological and scientific seminars in accordance with professional areas in Vietnam.

g) Arranged for means of transport if in charge of technological and scientific at national level of particular importance;

h) Being entitled to other incentives as agreed with the employing agencies or organization if such incentives are in accordance with regulations of law.

Chapter III

AUTHORITY TO DECIDE AND PROCEDURES FOR EMPLOYMENT APPROVAL

Article 11. Authority to decide the employment of Vietnamese living abroad and foreign experts

1. The ministries, ministerial-level agencies, government agencies, People's Committees of provinces and centrally run cities (hereinafter referred to as provincial-level People's Committees) and the National University will decide the employment of Vietnamese living abroad and foreign experts of directly attached public agencies or organizations.

2. The non-public agencies or organizations will decide the employment of Vietnamese living abroad and foreign experts of their agencies or organizations.

Article 12. Procedures for approving the employment of Vietnamese living abroad and foreign experts

1. The public agencies or organizations will propose the employment of Vietnamese living abroad and foreign experts to participate in technological and scientific activities in specific programs and projects and request the approval from the governing organs as specified in Clause 1, Article 11 of this Decree. The contents of proposal include the documents proving the satisfaction of conditions specified in Clause 1, Article 3 of this Decree.

The governing organs will reply with written approval or disapproval within 15 working days after the receipt of proposal. In case of disapproval, the reasons of which must be indicated. Where it is necessary to consult the Ministry of Science and Technology and the Ministries and agencies concerned, the time for the governing agency to reply will not exceed 30 working days.

2. The non-public agencies or organizations wish to propose the application of preferential policies of the State specified in this Decree for the Vietnamese living abroad and foreign experts working for their agencies or organizations must be given the confirmation of satisfying the conditions specified in Clause 1, Article 3 of this Decree by the People’s Committee of provinces where their head office is located.

The provincial People’s Committee will give out its written confirmation or non-confirmation within 15 working days after the receipt of proposal. In case of non-confirmation, the reasons of which must be indicated. Where it is necessary to consult the Ministry of Science and Technology and the Ministries and agencies concerned, the time for the provincial People’s Committee to reply will not exceed 30 working days.

Chapter IV

IMPLEMENTATION ORGANIZATION

Article 13. Funds

The funds for policies on attracting the Vietnamese living abroad and foreign experts to participate in technological activities in Vietnam specified in this Decree include:

1. For public agencies or organizations: Using the state budget currently decentralized and other legal financial sources as prescribed by law.

2. For non-public agencies or organizations: Using their financial sources as prescribed by law.

Article 14. Responsibility of the Ministries, agencies and localities

1. Ministry of Science and Technology:

a) Coordinating with the Ministry of Foreign Affairs and other Ministries and sectors concerned to determine the key and prioritized technological and scientific areas in each period to attract the Vietnamese living abroad and foreign experts in technological and scientific activities in Vietnam; provide information, advice on orientation and technological and scientific areas given priority for development in Vietnam and the technological and scientific organizations and establishments having demand and potential of cooperation for Vietnamese living abroad and foreign experts.

b) Presiding over the glorification and commendation for Vietnamese living abroad and foreign experts who participate in technological and scientific activities in Vietnam.

2. The Ministry of Interior will coordinate with the Ministry of Science and Technology to provide guidance on process and procedures for appointment and hiring to assume the leadership title of public technological and scientific organizations, appoint the scientific research title and technology title for Vietnamese living abroad and foreign experts who participate in technological and scientific activities in Vietnam.

3. Ministry of Foreign Affairs:

a) Directing representative agencies of the Socialist Republic of Vietnam in foreign countries to propagate and advocate Vietnamese living abroad and foreign experts to participate in technological and scientific activities in Vietnam.

b) Studying and providing the Ministries, sectors and domestic agencies with international experience of attracting experts and intellects to work in technological and scientific areas.

4. The Ministry of Finance, Ministry of Planning and Investment balance and allocate funds from the state budget to carry out the tasks as specified in this Decree.

5. The Ministry of Interior will coordinate with the Ministry of Foreign Affairs to implement conduct the procedures for entry, exit and permanent residence for Vietnamese living abroad and foreign experts participating in technological and scientific activities in Vietnam.

6. The Ministry of Labour - Invalids and Social Affairs will issue working permit in order and simplified procedures for Vietnamese living abroad and foreign experts participating in technological and scientific activities in Vietnam.

7. Before November 20 annually, the ministries, ministerial-level agencies, government-attached agencies, provincial People's Committee, the National Universities will make a report on the employment of Vietnamese living abroad and foreign experts to be sent to the Ministry of Foreign Affairs and the Ministry of Science and Technology; the Ministry of Foreign Affairs will coordinate with the Ministry of Science and Technology will aggregate the implementation for report to the Prime Minister.

Chapter V

IMPLEMENTATION PROVISION

Article 15. Effect

This Decree takes effect from November 10, 2014.

Article 16. Responsibility for implementation

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairman of People's Committees of provinces and centrally run cities and heads of agencies, organizations and individuals concerned are liable to execute this Decree. /.