Decision No. 01/2002/QD-BKHCNMT on the issuance of the Interim Regulation on the organization and operation of key laboratories

Pursuant to …;

Regarding the issuance of the Interim Regulation on the organization and operation

 of key laboratories

___________________

MINISTER OF THE MINISTRY OF SCIENCE AND TECHNOLOGY AND ENVIRONMENT

Pursuant to Decree No. 22/CP dated May 22, 1993 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science, Technology, and Environment;

Pursuant to Decision No. 850/QD-TTg dated September 7, 2000 of the Prime Minister approving the Project "Establishment of Key Laboratories";

Considering the proposals of the Heads of the Planning Department, the Department of Industrial Science and Technology Management, the Department of Agricultural Science and Technology Management, the Department of Social Sciences and Natural Sciences Management;

DECISION:

Article 1. The Interim Regulation on the Organization and Operation of Key Laboratories is hereby promulgated together with this Decision.

Article 2. THIS DECISION SHALL TAKE EFFECT 15 DAYS FROM THE DATE OF SIGNATURE.

Article 3. The Heads of the Planning Department, the Department of Industrial Science and Technology Management, the Department of Agricultural Science and Technology Management, the Department of Social Sciences and Natural Sciences Management, the Heads of relevant units under the Ministry of Science, Technology, and Environment, the Heads of the main agencies of Key Laboratories, members of the Key Laboratory Council, Directors of Key Laboratories, and related Ministries and sectors shall be responsible for implementing this Decision.

REGULATIONS

INTERIM REGULATION ON THE ORGANIZATION AND OPERATION OF

KEY LABORATORIES
(Issued together with Decision No. 01/2002/QĐ-BKHCNMT dated January 31, 2002 of the Minister of Science, Technology, and Environment)

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of application

This Regulation stipulates the functions, tasks, and powers of Key Laboratories; their organization and operation, and investment in Key Laboratories.

Article 2. Scope of Application.

This Regulation applies to Key Laboratories of the State as prescribed in Decision No. 580/QĐ-TTg dated September 7, 2000 of the Prime Minister approving the Project "Establishment of Key Laboratories."

Article 3. Objectives of the operation of Key Laboratories

1. To contribute to enhancing scientific and technological (hereinafter referred to as ST) potential in line with the national socio-economic development goals.

2. To ensure the improvement of the quality of scientific research and technology development projects, solving core issues in related ST fields; the quality of scientific research and technology development projects must reach the level of countries in the region or internationally.

3. To enhance the efficiency of investment in ST development, attracting domestic and foreign ST personnel.

Article 4. The main agency of Key Laboratories.

The main agency establishing Key Laboratories under ministries, ministerial-level agencies, and government agencies (hereinafter referred to as the main managing ministry) recognized by the Minister of Science, Technology, and Environment through selection is called the main agency of Key Laboratories (hereinafter referred to as the Main Agency).

Chapter 2

FUNCTIONS, TASKS, AND POWERS OF KEY LABORATORIES

Article 5. Functions of Key Laboratories

1. Scientific research and technology development.

2. Participating in training ST personnel through the implementation of scientific research and technology development tasks within the scope of activities of Key Laboratories.

3. Appraising analytical, testing, and inspection results related to the laboratory's activities.

Article 6. Tasks and Powers of Key Laboratories

1. Tasks of Key Laboratories.

a. Developing and implementing five-year and annual activity plans of Key Laboratories to be incorporated into the plan of the Main Agency and submitted to the competent state authorities according to current regulations.

b. Establishing internal rules and specific regulations for the operation of Key Laboratories in accordance with the Regulation on the organization and operation of Key Laboratories.

c. Regularly reporting every six months to the Main Agency, the main managing ministry, and other competent state authorities on the completion of assigned ST tasks and the overall operation of Key Laboratories.

d. Registering ST activities according to current state regulations.

đ. Completing assigned ST tasks or those formed through successful selection.

e. Managing assets, maintaining, developing, and using allocated resources effectively according to current state regulations.

2. Powers of Key Laboratories:

a. Signing contracts for scientific research and technology development, training ST personnel, ST services, and other economic contracts with organizations and individuals from all economic sectors both domestically and internationally in related ST fields to fulfill the functions and tasks of Key Laboratories.

b. Participating in the selection process to lead the implementation of state, ministry, sector, and local ST tasks.

c. Directly conducting international ST cooperation with international organizations, domestic and foreign organizations and individuals in compliance with current laws, including accepting financial support from these organizations and individuals.

Chapter 3

ORGANIZATION AND OPERATIONS OF KEY

LABORATORIES

Article 7. Organization of Key Laboratories

1. Key Laboratories are scientific research and technology development units with legal personality, having separate bank accounts and seals, directly subordinate to and subject to administrative guidance from the Main Agency, and are independent in organizing ST activities.

2. Key Laboratories are established by the Minister of the main managing ministry after the Minister of Science, Technology, and Environment recognizes them through selection.

3. The organizational structure and staffing of Key Laboratories are determined by the Minister of the main managing ministry based on the proposal of the Director of Key Laboratories and the Head of the Main Agency but must ensure a streamlined structure suitable for the functions and tasks of Key Laboratories and the characteristics of the Main Agency.

Article 8. Key Laboratory Council

1. The highest leadership body of Key Laboratories is the Key Laboratory Council (hereinafter referred to as the Council).

2. The Council shall be established for a five-year term by the Minister of Science, Technology and Environment based on written opinions from the Head of the Leading Agency and the Minister of the Principal Department regarding individuals nominated as members of the Council.

3. In case a member of the Council is unable to fulfill their duties or seriously violates the regulations on the organization and operation of the Key Laboratory and the Council's working methods due to any reason, they will be relieved of their position before the end of their term and replaced by another person upon the Council's recommendation.

4. The Council consists of nine to eleven members. Members of the Council include scientific and technological staff from the Leading Agency or outside it, who have in-depth knowledge of the specialized research field related to the Key Laboratory. The Chairperson and Vice-Chairpersons of the Council shall be recognized by the Minister of Science, Technology and Environment based on the election results of the Council.

5. The number of Council members within the establishment of the Key Laboratory and the Leading Agency shall not exceed one-third of the total number of Council members.

6. The working method of the Council and the allowance system for its members shall be implemented according to a separate regulation.

7. The Council assists the Ministry of Science, Technology and Environment in directing the activities of the Key Laboratory. The Council has the following tasks:

a. Determining the direction and approving the activity plan of the Key Laboratory.

b. Monitoring and evaluating the outcomes of the Key Laboratory's activities and the management of the Laboratory Director.

c. Proposing the appointment and removal of the Key Laboratory Director.

d. Electing the Chairperson and Vice-Chairpersons of the Council.

đ. Reviewing and appraising the financial requirements for the Key Laboratory's scientific and technological activities proposed by the Laboratory Director to be included in the Leading Agency's plan and submitted to the Principal Department and other relevant state authorities according to current regulations.

Article 9. Management Board of the Key Laboratory

1. The activities of the Key Laboratory are managed by a Director and assisted by several Deputy Directors.

2. The Director of the Key Laboratory is a scientific and technological staff member of the Leading Agency with in-depth knowledge of the Key Laboratory's specialized research field, having reputation, organizational and management capabilities for scientific and technological activities.

3. The Director of the Key Laboratory is appointed and removed by the Principal Department Minister for a five-year term based on the Council's recommendation, the Leading Agency Head's proposal, and after receiving written approval from the Minister of Science, Technology and Environment. The Director is responsible to the Council, the Leading Agency Head, the Principal Department Minister, and legally accountable for all activities of the Key Laboratory.

4. The Deputy Directors of the Key Laboratory are appointed and removed by the Principal Department Minister for a five-year term based on the Director's proposal. After the Deputy Directors are appointed or removed, the Principal Department Minister shall notify the Minister of Science, Technology and Environment in writing. The Deputy Directors may be external scientific and technological staff proposed by the Director and approved in writing by the relevant Principal Department personnel.

5. In case the Director and Deputy Directors of the Key Laboratory are unable to fulfill their duties or seriously violate the regulations on the organization and operation of the Key Laboratory due to any reason, they will be relieved of their positions before the end of their term and replaced by others.

Article 10. Staff of the Key Laboratory

The staff of the Key Laboratory includes:

1. Scientific and technological staff working regularly, selected by the Director to meet the Key Laboratory's operational objectives, including:

a. Scientific and technological staff and technicians in the State establishment, the number of which is decided by the Principal Department Minister.

b. Scientific and technological staff working under labor contracts.

2. Scientific and technological staff working irregularly, including those working under research contracts or cooperative research plans. These scientific and technological staff must constitute at least one-third of the total number of staff working at the Key Laboratory.

Article 11. Activities of the Key Laboratory

The Key Laboratory operates under an open model in accordance with Clause 4, Clause 5, Article 8; Clause 4, Article 9; Clause 2, Article 10 of this Regulation and the following provisions:

1. Scientific and technological staff from all economic sectors within the country and foreign scientific and technological staff can come to the Key Laboratory to conduct independent research or collaborate on research in fields related to the Key Laboratory's direction and activity plan determined by the Council and in accordance with contracts signed or agreements reached with the Laboratory Director.

a. Invited scientific and technological staff as collaborators of the Key Laboratory do not need to pay for research activities.

b. Uninvited scientific and technological staff as collaborators of the Key Laboratory must pay expenses according to specific regulations of the Key Laboratory.

c. For cases where the Key Laboratory is utilized under contracts or agreements with the Laboratory Director, payment for research activity expenses is carried out voluntarily or according to specific regulations of the Key Laboratory.

2. During the research process, scientific and technological staff must submit reports to the Key Laboratory on work conducted, including related articles published in domestic and international journals and retain data in the laboratory's files.

3. The results of research conducted by the subjects exploiting and using the Key Laboratory as prescribed in Clause 1 of this Article belong to the investor for scientific and technological tasks according to current laws.

4. The protection of industrial property rights and copyright for research results carried out at the Key Laboratory shall be implemented in accordance with current laws.

5. When publishing research results, the name of the Key Laboratory where the scientific and technological task was performed and the name of the main agency of the relevant scientific and technological staff must be clearly stated.

6. Encouragement is given to organizations and individuals from all economic sectors both within and outside the country to participate in activities, cooperate, and sponsor the Key Laboratory in various forms.

Chapter 4

INVESTMENT FOR KEY LABORATORY

Article 12. Sources of capital investment for the Key Laboratory

Capital investment for the Key Laboratory is formed from the following sources:

1. State budget capital: regular expenditure for science, technology, and environment services, education and training services, development investment capital, loans and grants from foreign governments and intergovernmental international organizations.

2. Other sources of capital: contracts, cooperation, and sponsorship from organizations and individuals both within and outside the country.

Article 13. Contents of expenditure for the Key Laboratory

Funds for the operation of the Key Laboratory are used for the following purposes:

1. Investment development expenditure for the construction of physical facilities of the Key Laboratory according to the project approved by the competent authority.

2. Expenditure for the regular operation of the Key Laboratory, including:

a. Expenditure for salaries and administrative operations;

b. Expenditure for the implementation of scientific and technological tasks assigned directly annually, through selection, through the Science and Technology Development Fund, or through scientific research and technology development contracts;

c. Expenditure for repair, maintenance, and purchase of additional machinery, equipment, materials, chemicals, and energy consumption;

d. Expenditure for scientific and technological information activities, international cooperation on scientific and technological matters, training, and upgrading of scientific and technological personnel.

3. Other expenditures.

Chapter 5

INSPECTION, EVALUATION, REWARD, AND PENALTY

Article 14. Inspection

Annually, the Ministry in charge coordinates with other state agencies with competent authority to inspect the results of the Key Laboratory's activities.

Article 15. Evaluation

Every two years during the mid-term and end of the five-year term, the Ministry of Science, Technology, and Environment takes the lead in coordinating with other state agencies with competent authority to evaluate the results and effectiveness of the Key Laboratory's activities.

The evaluation of the results and effectiveness of the Key Laboratory's activities is carried out according to a separate regulation.

Article 16Reward and penalty for violations

The reward and penalty process is as follows:

1. During the course of operation, if an organization or individual violates this Regulation and related regulations, they will be subject to handling according to the current laws depending on the nature and degree of violation.

2. After each evaluation, if the Key Laboratory's activities are effective, the Ministry of Science, Technology, and Environment and the Ministry in charge will consider continuing investment in the Key Laboratory. In cases where the Key Laboratory's activities are not effective, the Ministry of Science, Technology, and Environment and the Ministry in charge will review the functions, tasks of the Key Laboratory, and the management capacity of the Key Laboratory's Board of Directors to take appropriate measures to address the situation.

3. After two consecutive evaluations, if the Key Laboratory's activities remain ineffective, the Ministry of Science, Technology, and Environment, the Ministry in charge, and other state agencies with competent authority will take measures such as replacing the Board of Directors or dissolving the Key Laboratory and reallocating equipment to other laboratories.

Chapter 6

IMPLEMENTING PROVISIONS

Article 17. This Regulation serves as the basis for the main agencies of the Key Laboratory to issue internal rules and regulations to manage the Key Laboratory's activities in specific fields. During implementation, if modifications or supplements are needed, the Ministries in charge, the main agencies, the Councils, and the Directors of the Key Laboratory should promptly report to the Ministry of Science, Technology, and Environment for study and resolution.

Article 18. This Regulation takes effect fifteen days after the date of signature.

Article 19. The Directors of the Key Laboratories, the Key Laboratory Councils, the Heads of the main agencies, the Ministries in charge of the Key Laboratories, and the Heads of units related to the Ministry of Science, Technology, and Environment are responsible for implementing this Regulation.