Circular No. 07/2023/TT-BKHCN on the hiring of overseas Vietnamese and foreign experts to hold leadership positions in public science and technology organizations in Vietnam.

CIRCULAR

Regulations on hiring to assume leadership positions in public science and technology organizations for overseas Vietnamese and foreign experts

participating in scientific and technological activities in Vietnam

Science and Technology Law

_________________________

Pursuant to June 18, 2013;TECHNOLOGYDecree No. 87/2014/NĐ-

Pursuant to September 22, 2014 of the Government on attracting individuals engaged in scientific and technological activities who are overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam (hereinafter referred to as Decree No. 87/2014/NĐ-CP); dated October 20, 2015 of27/2020/N

Pursuant to Decree No. March 1, 2020 of the Government amending and supplementing certain articles of Decree No. D-CP40/2014/N May 12, 2014 of the Government on the use and promotion of individuals engaged in scientific and technological activities and Decree No. D-CP87/2014/N September 22, 2014 of the Government on attracting individuals engaged in scientific and technological activities who are overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam (hereinafter referred to as Decree No. 27/2020/NĐ-CP);D-CP August 16, 2017 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No.95/2017/NĐ-CPThe Minister of Science and Technology issues this Circular on the regulations regarding hiring overseas Vietnamese and foreign experts to assume leadership positions in public science and technology organizations in Vietnam.

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

This Circular stipulates the objects, criteria, conditions, authority, procedures; powers and responsibilities of relevant agencies, organizations, and individuals in hiring overseas Vietnamese and foreign experts to assume leadership positions in public science and technology organizations in Vietnam.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

a) Individuals engaged in scientific and technological activities who are overseas Vietnamese and foreign experts participating in scientific and technological activities in Vietnam.

Article 2. Applicability

1. This Circular applies to:

b) State agencies, public science and technology organizations using the objects specified in point a, Clause 1, Article 1 of this Circular and other related agencies, organizations, and individuals.

2. This Circular does not apply to public science and technology organizations conducting strategic research and policy development to serve the formulation of Party guidelines and policies; public science and technology organizations in the defense and security sectors or performing scientific research and technological development tasks listed in the State secrets directory as prescribed by law.

Participating in scientific and technological activities

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. means participating in the implementation of the activities stipulated in Clause 3, Article 3 of the Science and Technology Law 2013; Leadership position in a public science and technology organization

2. includes the head, deputy heads of the head of a public science and technology organization; directors, deputy directors of departments, divisions, and other constituent organizations within a public science and technology organization; Assuming a leadership position in a public science and technology organization

3. means performing duties associated with the positions specified in Clause 2, Article 1 of this Circular; Public science and technology organization

4. is an organization defined according to Clause 1, Article 3 of Decree No. 08/2014/NĐ-CP dated January 27, 2014 of the Government detailing and guiding the implementation of the Science and Technology Law. is an organization determined in accordance with Clause 1, Article 3 of Decree No. 08/2014/NĐ-CP dated January 27, 2014 of the Government detailing and guiding the implementation of the Law on Science and Technology.

Chapter II

CONDITIONS AND STANDARDS FOR HIRING VIETNAMESE OVERSEAS AND FOREIGN EXPERTS TO ASSUME LEADERSHIP POSITIONS IN PUBLIC SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS IN VIETNAM

FOREIGN EXPERTS PARTICIPATING IN SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES IN VIETNAM ASSUMING THE TITLE OF LEADERSHIP

OF SCIENTIFIC AND TECHNOLOGICAL PUBLIC ORGANIZATIONS

AND FOREIGN EXPERTS ASSUMING THE TITLE OF LEADERSHIP

Article 4. Conditions for public scientific and technological organizations to hire Vietnamese overseas and foreign experts to assume leadership positions

1. Public scientific and technological organizations may hire Vietnamese overseas and foreign experts to assume leadership positions when ensuring the following conditions:

a) Implementing scientific and technological tasks where Vietnamese within the country lack experience or require cooperation, exchange of experience, and transfer of advanced technology from abroad;

b) Operating in specialized fields or implementing research directions where Vietnamese within the country lack leadership and management experience that meets requirements.

2. Public scientific and technological organizations can only hire Vietnamese overseas and foreign experts to assume leadership positions as stipulated in Clause 2, Article 3 of this Circular.

The total number of leadership positions assumed by hired Vietnamese overseas and foreign experts shall not exceed 30% of the total number of leadership positions in public scientific and technological organizations.

Article 5. Conditions and standards for Vietnamese overseas and foreign experts to be hired to assume leadership positions in public scientific and technological organizations

1. Possess professional qualifications and scientific and technological activity results as prescribed in Clause 1, Article 3 of Decree No. 87/2014/ND-CP, amended and supplemented in Clause 1, Article 2 of Decree No. 27/2020/ND-CP, and have health meeting job requirements.

2. Not currently being pursued for criminal responsibility or serving a sentence; prohibited from assuming positions, practicing professions, or performing certain jobs without having their criminal records expunged according to Vietnamese and foreign laws applicable at their place of residence and work.

3. Not working for political organizations or political-social organizations abroad or in Vietnam with activities opposing the Party's guidelines and policies and the State's laws in Vietnam.

4. Meet the conditions under labor laws to be permitted to work in Vietnam.

5. Individuals hired to assume the position of head or deputy head of a public scientific and technological organization, in addition to the conditions and standards set out in Clauses 1, 2, and 3 of this Article, must have at least three years of experience leading research groups at Research Institutes, Universities, foreign scientific and technological organizations, foreign corporations, or enterprises related directly to the field of operation of the public scientific and technological organization.

Chapter III

AUTHORITY, PROCEDURES FOR HIRING VIETNAMESE OVERSEAS AND FOREIGN EXPERTS TO ASSUME LEADERSHIP POSITIONS IN PUBLIC SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS; RIGHTS AND OBLIGATIONS OF RELATED ORGANIZATIONS AND INDIVIDUALS

OF SCIENTIFIC AND TECHNOLOGICAL PUBLIC ORGANIZATIONS;

RIGHTS AND OBLIGATIONS

OF RELATED ORGANIZATIONS AND INDIVIDUALS

Article 6. Authority to approve policy and consider decisions on hiring Vietnamese overseas and foreign experts to assume leadership positions in public scientific and technological organizations

1. Authority to approve policy:

a) For public scientific and technological organizations self-financing recurrent and investment expenditures: The Management Board of the public scientific and technological organization approves the policy of hiring Vietnamese overseas and foreign experts to assume leadership positions in public scientific and technological organizations;

b) For public scientific and technological organizations self-financing recurrent expenditures; public scientific and technological organizations partially self-financing recurrent expenditures; and public scientific and technological organizations financed by the state for recurrent expenditures: The authority responsible for appointing heads and deputies of heads of public scientific and technological organizations approves the policy of hiring Vietnamese overseas and foreign experts to assume leadership positions in public scientific and technological organizations.

2. Authority to consider and decide on hiring:

The authority responsible for appointing leadership positions in public scientific and technological organizations considers and decides on hiring Vietnamese overseas and foreign experts to assume leadership positions in public scientific and technological organizations.

Article 7. Personal files for consideration to hire to assume leadership positions in public science and technology organizations

1. Certified copies or confirmed by competent authorities regarding the validity of diplomas, certificates; scientific curriculum vitae; documents proving professional qualifications, scientific and technological activity results and experience as stipulated in Article 5 of this Circular; passport or travel documents with equivalent value to a passport still valid according to the law.

2. Judicial record or document from foreign competent authority or Vietnam's competent authority confirming that the applicant has not committed crimes or been pursued for criminal responsibility.

3. A commitment from the person under consideration to not work for political organizations or socio-political organizations abroad or within Vietnam which engage in activities opposing the Party’s guidelines and policies and laws of the Vietnamese State, following Model No. 01 attached to this Circular.

4. Certified copies of foreign-language documents as stipulated in Clause 1 and Clause 2 of this Article, legalized and apostilled.

Article 8. Procedures for considering and deciding on hiring overseas Vietnamese and foreign experts to assume leadership positions in public science and technology organizations

1. Proposing needs:

a) Public science and technology organizations meeting conditions stipulated in Article 4 of this Circular base on job requirements and current human resources situation to propose needs for hiring to assume leadership positions to the competent authority specified in Clause 1 of Article 6 of this Circular for review and approval of the policy. The proposal document clearly states the position and planned assignment of duties for the proposed leadership position.

b) In cases where public science and technology organizations have no head or deputy head, the competent authority specified in Clause 1 of Article 6 of this Circular bases on job requirements and current human resources situation to approve the policy of hiring overseas Vietnamese and foreign experts to assume leadership positions in public science and technology organizations.

2. Considering and approving the policy of hiring to assume leadership positions in public science and technology organizations:

a) The competent authority specified in Clause 1 of Article 6 of this Circular organizes meetings to consider the conditions for public science and technology organizations stipulated in Article 4 of this Circular; the job requirements for hiring overseas Vietnamese and foreign experts to approve the policy of hiring to assume leadership positions in public science and technology organizations.

The participants in the meeting are defined as follows:

- For public science and technology organizations self-financing regular expenses and investment costs, the participants in the meeting are the Management Board of the public science and technology organization;

- For public science and technology organizations self-financing regular expenses; public science and technology organizations partially self-financing regular expenses and public science and technology organizations financed by the state for regular expenses, the participants in the meeting are the leadership team and party committee of the competent authority specified in Point b Clause 1 of Article 6 of this Circular.

In cases where public science and technology organizations are established by provincial or centrally-administered city People's Committees, the participants in the meeting, in addition to the leadership team and party committee of the competent authority specified in Point b Clause 1 of Article 6 of this Circular, include representatives from the Department of Science and Technology; Department of Home Affairs; Department of Justice; Office of the Provincial or Centrally-Administered City People's Committee; public science and technology organizations requiring hiring.

The meeting minutes are signed by all participants;

b) Based on the results of the meeting as stipulated in Point a of this clause, the competent authority specified in Clause 1 of Article 6 of this Circular informs the public science and technology organization of the policy of hiring to assume leadership positions.

3. Introducing personnel:

a) Within thirty days from the date of receipt of the notification of approval of the policy from the competent authority, public science and technology organizations requiring hiring of overseas Vietnamese and foreign experts to assume leadership positions submit a list of qualified candidates along with personal files as stipulated in Article 7 of this Circular to the competent police authority for review of personal background according to the law.

b) The authority proposing the list as stipulated in Point a of this clause is responsible for ensuring transparency, compliance with legal regulations during the process of reviewing, selecting, and compiling lists of qualified candidates.

c) After receiving confirmation about personal background from the police authority, the public science and technology organization submits the candidate's file to the competent authority specified in Clause 2 of Article 6 of this Circular.

4. Approving the hiring to assume leadership positions in public science and technology organizations:

a) Within ten days from the date of receipt of the file and opinion of the police authority on the personal background of the candidates, the organizational cadre advisory department of the competent authority specified in Clause 2 of Article 6 of this Circular conducts interviews with candidates through appropriate methods (in-person or online), evaluates their suitability for job requirements and work experience related to the intended position.

The competent authority prescribed in Clause 2, Article 6 of this Circular shall convene a meeting of the collective leadership and the management board (if any) to examine the extent to which candidates meet the conditions, standards, and job requirements; discuss and vote secretly to decide on personnel to assume leadership positions; the candidate with the highest percentage of votes exceeding 50% of the total number of affirmative votes shall be selected; in case two candidates both achieve more than 50% of the affirmative votes but have equal percentages, the selection shall be decided by the head of the competent authority prescribed in Clause 2, Article 6 of this Circular. In cases where a member of the collective leadership is also a member of the management board, they may only cast one vote with equivalent value to that of other members.

Within ten days from the date of convening the meeting to examine and decide on hiring for leadership positions in public scientific and technological organizations, the competent authority prescribed in Clause 2, Article 6 of this Circular shall notify in writing its approval or disapproval of the hiring to the public scientific and technological organization and the person hired.

5. Public scientific and technological organizations shall cooperate with the person hired who holds a Vietnamese leadership position without a Vietnamese passport, and foreign experts to complete the procedures to request the competent authority to issue a work permit in Vietnam in accordance with the law.

6. Complete the files and procedures before signing the contract for hiring to assume leadership positions in public scientific and technological organizations:

a) The advisory department for organizational and cadre affairs of the competent authority prescribed in Clause 2, Article 6 of this Circular shall prepare the hiring contract; exchange and agree with the person hired; request the person hired to complete the file to sign the contract;

b) The file of the person hired to assume a leadership position includes:

- A health certificate issued by a competent medical facility within six months from the date of submitting the application;

- A criminal record sheet or a document from a competent authority of a foreign country or Vietnam confirming that the person is not a criminal or under investigation for criminal responsibility; in the case of a foreigner residing in Vietnam, submit a criminal record sheet issued by Vietnam;

- A commitment from the person being considered for hiring to assume a leadership position in a public scientific and technological organization not to work for political organizations or political-social organizations abroad or in Vietnam that engage in activities opposing the policies and laws of the Party and the State of Vietnam.

c) In the event that the selected candidate refuses to sign the hiring contract, the competent authority prescribed in Clause 2, Article 6 of this Circular shall notify the candidate who meets the hiring conditions for a leadership position with a percentage exceeding 50% of the collective leadership and management board's (if any) votes immediately preceding the percentage of the selected candidate's votes to consider and sign the contract. In the absence of a qualified candidate and there remains a need to hire for a leadership position, the process prescribed from Clause 3 of this Article shall be repeated.

Article 9. Signing of Contracts for Engaging to Hold Leadership Positions in Public Science and Technology Organizations

1. Authority to Sign Contracts:

a) The head of the agency or unit with authority as stipulated in Clause 2, Article 6 of this Circular shall sign the contract or authorize a deputy or the head of the department responsible for organizational and personnel work to sign the contract with the person engaged.

b) For public science and technology organizations falling under the case specified in Point b, Clause 1, Article 8 of this Circular, the head of the agency or unit with authority as stipulated in Clause 1, Article 6 of this Circular (or authorize the head of the department responsible for organizational and personnel work of the public science and technology organization) shall sign the contract with the person engaged.

2. Term of the Contract:

a) A person engaged to hold the position of head of a public science and technology organization shall be signed a fixed-term contract not exceeding 36 months. At least 90 days before the end of the contract term, the agency or unit with authority shall conduct an assessment of the performance of the tasks assigned to the person engaged according to the signed contract and previous agreements to consider and continue signing a fixed-term contract of up to 36 months with the person engaged if they meet the requirements.

b) The evaluation of the performance of tasks by the person engaged to hold a leadership position according to the signed contract shall be conducted through an Evaluation Board as prescribed in Article 10 of this Circular.

c) The contract signed between the parties shall be carried out according to Model No. 02 attached to this Circular.

3. The contract shall be signed in Vietnamese and in a foreign language (if required by the person engaged). The contract in a foreign language must be notarized at the agency or unit with authority. In case of disputes, the contract signed in Vietnamese shall serve as the basis for resolving disputes related to the contract.

4. During the implementation of the contract, if there is a change in the content of the contract, the parties in the contract shall agree on the changed content and sign an annex to the contract or sign a new contract in accordance with the regulations.

Article 10. Evaluation Board

1. Authority to Establish the Evaluation Board: The agency or unit with authority to consider and decide on engagement as stipulated in Clause 2, Article 6 of this Circular shall establish the Evaluation Board for persons engaged to hold leadership positions in public science and technology organizations.

If the agency or unit with authority to decide on establishing the Evaluation Board has not yet appointed a head or deputy head, the agency or unit with authority to appoint the head or deputy head shall decide to establish the Evaluation Board.

2. Members of the Evaluation Board consist of 7 or 9 members, including:

a) The Chairman of the Evaluation Board is the head or deputy head of the agency or unit with authority as stipulated in Clause 2, Article 6 of this Circular;

b) The Vice-Chairman of the Evaluation Board is the person in charge of organizational and personnel work of the agency or unit with authority as stipulated in Clause 2, Article 6 of this Circular;

c) One member of the Evaluation Board who also serves as secretary is a civil servant or staff member of the department responsible for organizational and personnel work of the agency or unit with authority as stipulated in Clause 2, Article 6 of this Circular;

d) Other members include one representative of the leadership or Chairman of the Management Council (if any) of the public science and technology organization requiring engagement to hold a leadership position and experts in the field of science and technology relevant to the specialty of the public science and technology organization;

đ) Persons who have relationships as parents, siblings, or spouses of the person being evaluated; spouses, biological or adopted children of the person being evaluated, or those currently undergoing disciplinary measures or implementing disciplinary decisions shall not be appointed as members of the Board.

3. Duties of the Evaluation Board:

a) Review and evaluate the performance of tasks by the person engaged to hold a leadership position in a public science and technology organization based on the terms of the contract for engaging to hold a leadership position that has been signed, implemented according to Model No. 03 attached to this Circular;

b) Secret ballot on the degree of meeting job requirements according to the contract and compliance with the rights and responsibilities of overseas Vietnamese and foreign experts engaged to hold leadership positions in public science and technology organizations to continue engaging to hold leadership positions and report the results to the head of the agency or unit with authority.

4. The Evaluation Board operates on the principle of collective decision-making, deciding by majority vote; in case of a tie in voting results, the decision shall follow the opinion of the Chairman of the Board.

5. The Evaluation Board shall only operate when at least two-thirds of the members of the Board participate, including the Chairman and Vice-Chairman of the Board, and shall automatically dissolve after completing its mission.

Article 11. Termination of contracts for hiring overseas Vietnamese and foreign experts to hold leadership positions in public science and technology organizations

1. The contract for hiring to hold a leadership position terminates upon expiration of the contract term if either party or both parties do not wish to renew it.

2. The contract for hiring to hold a leadership position terminates when the parties agree to terminate the contract.

3. Public science and technology organizations have the right to unilaterally terminate the contract for hiring to hold a leadership position in any of the following cases:

a) The person hired to hold a leadership position fails to complete the work as stipulated in the contract and is voted as non-compliant by the Evaluation Board with a vote ratio exceeding 50% of the total number of votes from Board members;

b) The person hired to hold a leadership position suffers illness or injury requiring continuous treatment for six months, unable to fulfill the assigned tasks under the contract, or in cases of force majeure such as natural disasters, epidemics, and other objective events like war, merger, dissolution, or reduction in functions and responsibilities of the hiring party as prescribed by law;

c) The person hired provides false information in their application documents or personal data for consideration of conditions and criteria to be hired to hold a leadership position in a public science and technology organization, or violates the commitment not to work for political organizations or political-social organizations in Vietnam or abroad that engage in activities opposing the Party's guidelines and policies and the State's laws;

d) The person hired violates Vietnamese or foreign laws to the extent that criminal responsibility must be pursued;

đ) The person hired breaches provisions of the Law on Science and Technology;

e) The person hired is expelled according to Vietnamese law.

Article 12. Rights and Responsibilities of Related Organizations and Individuals

1. Rights and responsibilities of overseas Vietnamese and foreign experts hired to hold leadership positions in public science and technology organizations:

a) Enjoy attraction policies for individuals who are overseas Vietnamese and foreign experts participating in scientific and technological activities in Vietnam and the benefits stipulated in the signed contract;

b) Comply with Vietnamese laws and commit not to work for political organizations or political-social organizations in Vietnam or abroad that engage in activities opposing the Party's guidelines and policies and the State's laws;

c) Fulfill all terms of the contract for hiring to hold a leadership position signed with the public science and technology organization or competent authority;

d) Adhere to regulations of the public science and technology organization where they hold a leadership position and those of the management agency of the public science and technology organization.

2. Rights and responsibilities of public science and technology organizations using overseas Vietnamese and foreign experts to hold leadership positions:

a) Fulfill rights and responsibilities as stipulated in the terms of the contract signed between the person hired to hold a leadership position and the public science and technology organization or competent authority;

b) Create conditions for overseas Vietnamese and foreign experts hired to hold leadership positions to fulfill their obligations and rights as stipulated in the signed contract;

c) Take the lead and coordinate with overseas Vietnamese and foreign experts hired to hold leadership positions to complete procedures for obtaining and extending work permits in accordance with the law;

d) Manage and utilize overseas Vietnamese and foreign experts in accordance with the law; act within their authority or report and request the competent authority to terminate the contract and resolve disputes, complaints, lawsuits, and compensation (if applicable);

đ) Annually establish an Evaluation Board before November 20th to assess the performance of the person hired to hold a leadership position in a public science and technology organization within their authority.

Chapter IV

IMPLEMENTATION

Article 13. Responsibilities of the Ministry managing the sector or field

1. Direct public scientific and technological organizations to implement the powers and responsibilities stipulated in Article 12 of this Circular.

2. Direct the organizational cadre advisory agency to request public scientific and technological organizations to report on the results of hiring individuals to hold leadership positions; examine and resolve any suggestions, complaints, inquiries, appeals, or denunciations related to the work results of the Evaluation Board as specified in Article 10 of this Circular (if applicable).

3. Conduct inspections and checks to ensure compliance with laws regarding the hiring and utilization of overseas Vietnamese and foreign experts at public scientific and technological organizations.

4. Responsibilities of the Ministry of Science and Technology:

a) Direct specialized agencies to establish a database on hiring overseas Vietnamese and foreign experts to hold leadership positions in public scientific and technological organizations;

b) Inspect the implementation of legal provisions concerning the hiring and utilization of overseas Vietnamese and foreign experts at public scientific and technological organizations.

Article 14. Responsibilities of the People's Committee of provinces and centrally governed cities

1. Direct the Department of Science and Technology to coordinate with functional agencies under the People's Committee of provinces and centrally governed cities to organize guidance for the implementation of this Circular.

2. Direct the Department of Science and Technology to coordinate with relevant agencies and units to conduct inspections and checks to ensure compliance with legal provisions regarding the hiring and utilization of overseas Vietnamese and foreign experts to hold leadership positions at public scientific and technological organizations within their jurisdiction.

3. Annually submit reports to the Ministry of Science and Technology on the situation of hiring overseas Vietnamese and foreign experts to hold leadership positions in public scientific and technological organizations under their management.

Chapter V

IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Circular takes effect from July 10, 2023.

Article 16. Responsibility for Implementation

1. The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairpersons of the People's Committees of provinces and centrally governed cities, public scientific and technological organizations hiring and utilizing overseas Vietnamese and foreign experts to hold leadership positions, and related organizations and individuals are responsible for implementing this Circular.

2. In case of difficulties or obstacles during implementation, agencies, organizations, and individuals are requested to reflect these issues in writing to the Ministry of Science and Technology for consolidation, handling, or amendment and supplementation as appropriate./.