Circular No. 01/2017/TT-BKHCN detailing certain provisions of the Government's Decree No. 54/2016/NĐ-CP dated June 14, 2016 on the mechanism of autonomy for public scientific and technological organizations

CIRCULAR

Article 24detailing certain provisions of Decree No. 54/2016/NĐ-CP dated June 14, 2016 of the Government on the mechanism of autonomyof public scientific and technological organizations

_______________

Pursuant to Decree No. 20/2013/NĐ-CP dated February 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 54/2016/NĐ-CP dated June 14, 2016 of the Government stipulating the self-management mechanism of public scientific and technological organizations;

At the proposal of the Director of the Personnel Department and the Director of the Legal Department;

The Minister of Science and Technology issues this Circular detailing certain provisions of Decree No. 54/2016/NĐ-CP dated June 14, 2016 of the Government on the mechanism of autonomy of public scientific and technological organizations.

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular details certain provisions of Decree No. 54/2016/NĐ-CP dated June 14, 2016 of the Government on the mechanism of autonomy of public scientific and technological organizations (hereinafter referred to as Decree No. 54/2016/NĐ-CP), specifically: Clause 2 Article 3, Clause 2 Article 4, Point a Clause 1 Article 13 and internal expenditure regulations of public scientific and technological organizations; procedures for developing and approving the autonomy plan of public scientific and technological organizations; reporting system on the implementation of the autonomy mechanism of public scientific and technological organizations.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) This Circular applies to public scientific and technological organizations as defined in Decree No. 54/2016/NĐ-CP.

b) Non-public scientific and technological organizations may apply the autonomy mechanism as prescribed in Decree No. 54/2016/NĐ-CP and this Circular.

Article 2. Classification of levels of autonomy and development of the autonomy plan of public scientific and technological organizations

Based on the budget estimates of revenue and expenditure and the results of revenue and expenditure implementation in the previous consecutive years, public scientific and technological organizations classify the level of autonomy and develop the autonomy plan according to one of the following four levels:

1. Public scientific and technological organizations that self-fund regular expenses and investment expenses are those that have fully self-funded regular expenses from operating income and fully self-funded investment expenses from the development fund for operating activities since the date when the competent authority approved the autonomy plan. Based on the development requirements of the organization, the State will consider and continue to allocate capital for investment projects that were approved before the approval of the autonomy plan and are currently being implemented;

2. Public scientific and technological organizations that self-fund regular expenses are those that have fully self-funded regular expenses from operating income; the State budget fully funds investment expenses;

3. Public scientific and technological organizations that partially self-fund regular expenses are those that have partially self-funded regular expenses from operating income, with the remaining regular expenses funded by the State budget; the State budget fully funds investment expenses;

4. Public scientific and technological organizations whose regular expenses are fully funded by the State are those without operating income or with low operating income, with the State budget fully funding regular expenses; the State budget fully funds investment expenses.

The autonomy plan of public scientific and technological organizations shall be implemented according to Model B1. PATC specified in the Appendix attached to this Circular.

Article 3. Regular tasks according to functions of public scientific and technological organizations

1. Annually, public scientific and technological organizations as stipulated in Clauses 3 and 4 of Article 2 of this Circular, based on their assigned functions and tasks as decided by the competent authority, prepare a list, description, and budget estimate for implementing regular tasks according to their functions (to be carried out according to Model B2. DM-TM-DT specified in the Appendix attached to this Circular) to submit to the competent authority for review and approval. The time frame for implementing regular tasks according to functions shall not exceed twelve months.

In cases where necessary, the competent authority may decide to assign and provide funding for implementing regular tasks according to functions to public scientific and technological organizations as stipulated in Clauses 1 and 2 of Article 2 of this Circular.

2. The unit responsible for planning, finance, personnel management, and scientific and technological management of the competent authority reviews and examines the list, description, and budget estimate for implementing regular tasks according to functions to submit to the head of the competent authority as stipulated in Point c Clause 2 Article 4 of Decree No. 54/2016/NĐ-CP for approval, signing a contract (to be carried out according to Model B3. HĐ-TLHĐ specified in the Appendix attached to this Circular) and providing funding to public scientific and technological organizations under its management to implement regular tasks according to functions. In necessary cases, a Council consisting of representatives from units responsible for planning, finance, personnel management, and scientific and technological management of the competent authority may be established to review and examine the list, description, and budget estimate for implementing regular tasks according to functions.

Regular tasks according to functions are applied using the cost allocation method to final products as prescribed in Joint Circular No. 27/2015/TTLT-BKHCN-BTC dated December 30, 2015 of the Ministers of Science and Technology and Finance on cost allocation for implementing scientific and technological tasks funded by the State budget.

3. Upon completion of regular tasks according to functions, public scientific and technological organizations are responsible for preparing a report on the results of task implementation during the year according to the products of the tasks in the approved description.

Public scientific and technological organizations as stipulated in Clause 2 of this Article evaluate the results of implementing regular tasks according to functions of public scientific and technological organizations to submit to the competent authority for review and acceptance, simultaneously assigning, adjusting, or not assigning regular tasks according to functions for public scientific and technological organizations to implement in the following year.

In cases where regular tasks according to functions are evaluated as not meeting standards, they shall be handled according to the provisions of the Contract for Implementing Regular Tasks According to Functions signed between public scientific and technological organizations and the competent authority.

Article 4. Management and use of assets of public scientific and technological organizations

The transfer of management and use of assets to public scientific and technological organizations as stipulated in point a, Clause 1, Article 13 of Decree No. 54/2016/NĐ-CP shall be carried out according to the mechanism of capital transfer to enterprises as prescribed in Circular No. 23/2016/TT-BTC dated February 16, 2016, issued by the Minister of Finance guiding certain contents on the management and use of state assets at public service units and other relevant legal provisions.

Article 5. Internal expenditure regulations of public scientific and technological organizations

1. Public scientific and technological organizations are responsible for establishing internal expenditure regulations to implement internal expenditures and for the State Treasury's control over expenditures.

2. The internal expenditure regulations shall be issued by the head of the public scientific and technological organization based on the consensus opinion of the trade union organization, widely discussed, democratically and publicly within the unit, and agreed upon by at least two-thirds of the civil servants, officials, and employees in the unit at the staff meeting.

3. The internal expenditure regulations must be submitted to the superior supervisory agency for monitoring and inspection; submitted to the State Treasury where the public scientific and technological organization has its transaction account for the purpose of expenditure control. In cases where there are provisions that are inconsistent with national regulations, within fifteen days from the date of receipt of the report, the superior supervisory agency shall provide comments requiring the public scientific and technological organization to adjust accordingly.

4. The internal expenditure regulations of public scientific and technological organizations as stipulated in Clauses 2, 3, and 4 of Article 2 of this Circular must comply with national regulations regarding standards and quotas for the following items: car usage standards and quotas; office space standards and quotas; home office and mobile phone equipment standards and quotas; foreign travel allowance regulations; foreign guest reception and international conference regulations in Vietnam, except for public scientific and technological organizations as stipulated in Clause 1 of Article 2 of this Circular which may decide higher or lower expenditure levels than those set by competent state agencies and specified in the internal expenditure regulations of the unit.

Public scientific and technological organizations as stipulated in Article 2 of this Circular shall ensure compliance with national regulations when using financial resources as stipulated in points b, d, đ of Clause 1, Article 8 and points b, c, d of Clause 1, Article 9 of Decree No. 54/2016/NĐ-CP concerning: management and use of funds for national target programs; guidance on the use of programs, projects, and plans decided by competent authorities; management and use of counterpart project funds and aid funds from state budget sources; management and use of construction investment capital and procurement expenses for equipment serving public service activities according to approved projects; use of funds for urgent tasks assigned by competent authorities.

Article 6. Business registration of public scientific and technological organizations

Public scientific and technological organizations as stipulated in Clauses 1, 2, and 3 of Article 2 of this Circular shall be granted business registration certificates and allowed to use the seal of public service units for production and business operations in accordance with the law. The dossier, procedures, and process for business registration of public scientific and technological organizations shall be implemented in accordance with the guidelines of the Ministry of Planning and Investment.

Article 7. The conversion of public scientific and technological organizations into joint-stock companies

Public scientific and technological organizations shall implement the conversion into joint-stock companies in accordance with the provisions of Decision No. 22/2015/QĐ-TTg dated June 22, 2015 of the Government on the conversion of public institutions into joint-stock companies.

Article 8. Implementation organization

1. Before July 1, 2017, the competent authority specified in Clause 2, Article 15 of Decree No. 54/2016/NĐ-CP shall complete the approval of the self-management plan of public scientific and technological organizations under its management (including organizations that have been approved for the self-management mechanism and those that have not yet been approved to implement the self-management mechanism according to Decree No. 115/2005/NĐ-CP dated September 5, 2005 of the Government on the self-management mechanism of public scientific and technological organizations). The Model Decision approving the self-management plan of public scientific and technological organizations shall be implemented in accordance with Model B4. QĐPDPA stipulated in the Appendix issued together with this Circular.

2. In the last year of the stabilization period, public scientific and technological organizations shall report and evaluate the implementation of the self-management mechanism over three years and propose the self-management plan for the next three years for the competent authority to consider and approve.

In cases where revenue sources and tasks of public scientific and technological organizations fluctuate, causing changes in the level of self-funding for regular expenses and investment costs, public scientific and technological organizations shall report to the competent authority to consider adjusting the self-management plan for the organization before the deadline.

3. Annual reporting system:

a) Public scientific and technological organizations shall report to the competent authority that has approved the self-management plan about the results of implementing the self-management mechanism before January 31 each year, using the reporting form B5. BCTC stipulated in the Appendix issued together with this Circular.

b) Ministries, ministerial-level agencies, government agencies, provincial People's Committees, municipal People's Committees directly under the central government, National Universities, and related agencies shall compile reports on the implementation of the self-management mechanism of public scientific and technological organizations under their management according to form B6. BCTH stipulated in the Appendix issued together with this Circular and submit them to the Ministry of Science and Technology before March 30 each year for consolidation and reporting. The Prime Minister.

Article 9. Implementation Provisions

1. This Circular takes effect from March 30, 2017.

2. During the implementation process, if there are difficulties or obstacles, the relevant agencies, organizations, and individuals are requested to promptly reflect these issues in writing to the Ministry of Science and Technology for guidance or research on amendments and supplements to ensure compliance./.