Decree No. 08/2014/ND-CP detailing and guiding the implementation of certain provisions of the Law on Science and Technology.

DECREE

Article 24detailing and guiding the implementation of certain provisions of the Law on Science and Technology

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

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

At the proposal of the Minister of Science and Technology,

The Government promulgates this Decree detailing and guiding the implementation of certain provisions of the Law on Science and Technology.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details and guides the implementation of Articles 11, 12, 15, 25, 30, 32, 41, 43, 46, and other necessary issues related to the establishment of scientific and technological organizations, representative offices, branches of scientific and technological organizations; independent evaluation of scientific and technological organizations; procedures and formalities for determining and approving special scientific and technological tasks; advisory councils on science and technology, organizations, and independent consultants; inspection and evaluation during the implementation of scientific and technological tasks; assessment of results of scientific and technological tasks not using state budget; development of the science and technology market.

Article 2. Applicability

This Decree applies to organizations and individuals engaged in scientific and technological activities and other organizations and individuals related to scientific and technological activities in Vietnam.

Article 3. Explanation of Terms

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

1. Public scientific and technological organization is a scientific and technological organization established and funded by political organizations, political-social organizations, as stipulated at points a, b, c, d, đ, e, and g Clause 1 Article 12 of the Law on Science and Technology and authorized by competent authorities.

2. Non-public scientific and technological organization is a scientific and technological organization established by enterprises, individuals, and Vietnamese organizations not falling under the provisions of Clause 1 of this Article.

5. Statistical activities in science, technology, and innovation involve using a system of methods to collect, process, and analyze data on scientific, technological, and innovation activities to serve forecasting and decision-making processes.

4. Scientific and technological research topic is a scientific and technological task mainly involving exploration, discovery, understanding the nature and laws of natural, social, and mental phenomena; creating solutions for practical application, including basic research topics, applied research topics, experimental research topics, or a combination of basic research, applied research, and experimental research.

5. Scientific research project is a scientific and technological task aimed at establishing theoretical and practical foundations for building mechanisms, policies, and laws.

6. Pilot production project is a scientific and technological task applying research results and experimental deployment to test solutions, methods, economic and social management models, or small-scale production trials to perfect new technologies or products before full-scale production and use.

7. Scientific and technological project is a scientific and technological task addressing key scientific and technological issues serving the production of a product or group of key products, having a significant impact on enhancing the technological level of an industry or field and greatly influencing national economic and social development, implemented in the form of scientific research topics, pilot production projects, and scientific and technological investment projects with integrated, synchronized objectives and content, carried out within a specific timeframe.

8. Scientific and technological program is a scientific and technological task with a common goal of solving scientific and technological issues for medium-term or long-term development and application of science and technology, implemented through a collection of scientific research topics, pilot production projects, and scientific and technological projects.

9. Potential scientific and technological task is a scientific research topic or scientific and technological project focusing on researching and resolving high-demanding scientific and technological issues with high applicability and potential to create or develop new research directions or products in priority or key national scientific and technological fields.

10. Special scientific and technological task is a large-scale scientific research topic, scientific project, pilot production project, or scientific and technological project serving national defense and security, significantly impacting national product productivity, quality, and competitiveness, decided upon by the National Assembly or the Prime Minister.

11. Scientific and technological task according to Memorandum of Understanding is a scientific research topic or scientific and technological project cooperatively built, organized, and funded between Vietnamese scientific and technological organizations and foreign partners based on written agreements by competent authorities of both countries.

12. Research task according to function is a scientific and technological task ensuring regular research activities of scientific and technological organizations, consistent with their functions and tasks specified in their organizational charters or regulations set by competent authorities regarding the functions and tasks of scientific and technological organizations.

Chapter II
SCIENCE AND TECHNOLOGY ORGANIZATIONS

Article 4. Conditions for Establishing Scientific and Technological Organizations

A scientific and technological organization shall be established when it meets the following conditions:

1. Charter of Organization and Operation

a) The name of the scientific and technological organization includes its full name, international trade name, and abbreviated name (if any), written using letters from the Vietnamese Alphabet, which may include the letters F, J, Z, W, numerals, and symbols, and must be pronounceable. The full name includes the form of the scientific and technological organization and the specific name of the organization.

The name of the organization must be appropriate to its main field of activity, not duplicated with other scientific and technological organizations, and must not use terms or symbols that violate historical traditions, culture, ethics, and local customs, ensuring that it does not infringe upon intellectual property rights protected in Vietnam;

b) The objectives and directions of activities of the scientific and technological organization must not contravene the provisions of Article 8 of the Law on Science and Technology and other relevant legal documents;

c) The main office address must be clearly defined according to administrative place names, and must have a telephone number, fax number, and email address (if any);

d) Representative person;

đ) The functions, tasks, and authorities of the scientific and technological organization must align with its objectives and directions of activities;

e) The field of operation must fall within one of the research, development, experimental implementation, trial production; production and business of products resulting from scientific research and technological development; scientific and technological services.

In cases where a scientific and technological organization is established by an individual, the field of operation must comply with the provisions of Clause 4, Article 20 of the Law on Science and Technology;

g) Organizational structure, tasks, and authorities of positions within the leadership machinery and other departments of the scientific and technological organization;

h) Registered capital of the organization, including cash and other assets converted into money; principles for increasing or decreasing operational capital and other financial principles;

i) Conditions, procedures, and formalities for merger, division, spin-off, or dissolution (if applicable);

k) Commitment to comply with the law.

2. Scientific and Technological Human Resources

a) Each scientific and technological organization must have at least five (5) persons with a bachelor's degree or higher, including both full-time and part-time employees, of which at least thirty percent (30%) must have expertise relevant to the primary field of activity requested for registration, and at least forty percent (40%) must be full-time employees.

In cases where a scientific and technological organization is established to develop new fields of science and technology, the organization must have at least one person with a bachelor's degree or higher in the registered field of activity working full-time;

b) The head of a scientific and technological organization must have a bachelor's degree or higher, management experience, and professional competence suitable for the position.

For scientific and technological organizations that are higher education institutions, the head must meet the conditions stipulated by the law on higher education.

3. Material and Technical Infrastructure

It has ownership or usage rights over the headquarters, workshops, laboratories, machinery and equipment, intellectual property, and other material and technical means necessary to perform the functions and tasks of the scientific and technological organization.

4. For public scientific and technological organizations, they must also conform to the planning of the network of public scientific and technological organizations approved by the Prime Minister.

5. For scientific and technological organizations with foreign capital, they must also meet the requirements specified in Clause 3, Article 11 of the Law on Science and Technology.

6. The Ministry of Science and Technology shall provide detailed guidance on Clauses 1, 2, and 3 of this Article.

Article 5. Competence to establish, merge, divide, separate, dissolve scientific and technological organizations

1. The agencies, organizations, and individuals with competence prescribed in Clause 1, Article 12 of the Science and Technology Law decide to establish or permit the establishment of scientific and technological organizations when they meet all conditions stipulated in Article 4 of this Decree.

2. Agencies, organizations, and individuals with competence to establish scientific and technological organizations also have competence to divide, separate, dissolve, and merge scientific and technological organizations established by themselves.

3. The competence to establish, merge, divide, separate, and dissolve scientific and technological organizations for higher education institutions shall be carried out in accordance with the laws on higher education.

Article 6. Procedures and formalities for establishing public scientific and technological organizations

1. The application dossier for establishing public scientific and technological organizations includes a proposal for establishment, an establishment project, a draft decision on establishment, and a draft charter of organization and operation.

2. The application dossier for establishing public scientific and technological organizations must be prepared in two copies and sent to the agency with competence to establish as prescribed in Clause 1, Article 12 of the Science and Technology Law via postal service or delivered directly.

3. Within five working days from the date of receipt of the dossier as prescribed in Clause 1 of this Article, the agency with competence shall check the validity of the dossier. In case the dossier is invalid, the agency with competence shall notify the organization preparing the dossier in writing to make amendments and supplements.

4. Within thirty days from the date of receiving a valid dossier, the following agencies must provide their review opinions:

a) The Ministry of Science and Technology for central public scientific and technological organizations;

b) Provincial Departments of Science and Technology for other scientific and technological organizations.

5. In case the Ministry of Science and Technology establishes subordinate scientific and technological organizations, the Minister of Science and Technology shall establish an inter-ministerial council for review. The council's composition includes scientists, managers, legal experts, among which representatives of the Ministry of Science and Technology shall not exceed one-third of the total number of council members.

6. Within fifteen working days from the date of receipt of the review document, the agency with competence shall consider and issue a decision on establishment. In case the establishment of a scientific and technological organization is not approved, the agency with competence shall send a written notification to the organization and individual and specify the reasons.

7. The procedures and formalities for establishing scientific and technological organizations that are higher education institutions shall be carried out in accordance with the laws on higher education; the review of establishing public higher education institutions must involve the Ministry of Science and Technology.

Article 7. Procedures and formalities for establishing scientific and technological organizations with foreign capital and non-public scientific and technological organizations

1. The application documents for permission to establish scientific and technological organizations with foreign capital include:

a) A request for permission to establish a scientific and technological organization according to a form prescribed by the Ministry of Science and Technology;

b) A document confirming the legal status of the foreign organization;

c) The criminal record of the head of the scientific and technological organization with foreign capital;

d) Draft charter of organization and operation;

d) An establishment project of the scientific and technological organization, including a description of the necessity of establishment; compatibility with Vietnam's science and technology development strategy and socio-economic development plan; objectives, contents, fields, and scope of scientific and technological activities in Vietnam; scale of investment; projected human resources in science and technology; financial analysis (if applicable);

e) Documents proving compliance with the conditions stipulated in Article 4 of this Decree;

g) A document from the People's Committee of the province or centrally-administered city where the main office of the organization is located, approving the location of the organization's main office;

h) Financial reports audited in the most recent fiscal year or equivalent documents of the foreign organization or individual;

Documents in the dossier prescribed in this Clause in a foreign language must be translated into Vietnamese.

Documents prescribed in Points b, c, and h of this Clause must be legalized by consular authorities.

In case the establishment project of the scientific and technological organization is linked to construction investment projects, the accompanying dossier shall include the construction investment project (feasibility study report) in accordance with the laws on construction investment.

2. The procedures and formalities for establishing scientific and technological organizations with foreign capital include:

a) The dossier must be prepared in two copies and sent to the Ministry of Science and Technology via postal service or delivered directly;

b) Within five working days from the date of receipt of the dossier as prescribed in Clause 1 of this Article, the Ministry of Science and Technology shall check the validity of the dossier. In case the dossier is invalid, the Ministry of Science and Technology shall notify the organization or individual in writing to make amendments and supplements.

In case the dossier is valid, the Ministry of Science and Technology shall forward the dossier to solicit opinions from relevant ministries, sectors, and agencies;

c) Within fifteen working days from the date of receipt of the application for permission to establish a scientific and technological organization with foreign capital, relevant ministries, sectors, and agencies shall provide their opinions in writing and bear responsibility for the content within their management functions;

d) Within forty-five days from the date of receiving a valid dossier, the Minister of Science and Technology shall decide to permit establishment, approve the organizational and operational charter of the scientific and technological organization with foreign capital, and send a copy of the establishment permission decision to the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Public Security, and the People's Committee of the province or centrally-administered city where the organization is approved to set up its main office;

đ) In case the establishment is not approved, the Ministry of Science and Technology shall send a written notification to the organization or individual specifying the reasons;

e) Within ninety days from the date of the establishment permission decision, the scientific and technological organization with foreign capital shall proceed with the establishment.

3. Organizations and individuals decide to establish non-state scientific and technological organizations. For non-state scientific and technological organizations that are higher education institutions, the establishment shall be carried out in accordance with the provisions of the Law on Higher Education.

Article 8. Authority to issue Scientific and Technological Activity Registration Certificate

1. The Ministry of Science and Technology shall issue the Scientific and Technological Activity Registration Certificate for scientific and technological organizations established by agencies specified in points a, b, c, d, đ, and e Clause 1 Article 12 of the Law on Science and Technology, political organizations, political-social organizations, social organizations, occupational social organizations at the central level, scientific and technological organizations with foreign capital, and scientific and technological organizations that are higher education institutions.

2. The Department of Science and Technology where the headquarters of the scientific and technological organization is located shall issue the Scientific and Technological Activity Registration Certificate for scientific and technological organizations not covered by Clause 1 of this Article.

3. The authority issuing the Scientific and Technological Activity Registration Certificate shall have the authority to issue changes, supplements to the Scientific and Technological Activity Registration Certificate, suspend, and revoke the validity of the Scientific and Technological Activity Registration Certificate issued.

Article 9. Procedure and formalities for registering scientific and technological activities

1. The registration dossier of scientific and technological organizations includes:

a) Application for registration of scientific and technological activities;

b) Decision on establishment of science and technology organizations;

c) Scientific curriculum vitae of the head of the scientific and technological organization;

d) Charter of organization and operation approved by the agency, organization, or individual establishing the organization;

đ) Documents proving sufficient human resources and material-technical facilities in accordance with the law to conduct scientific and technological activities, except in cases where scientific and technological organizations have been pre-assessed before establishment by the competent authorities specified in Clause 4 and Clause 5 Article 6 of this Decree or allowed to establish by the competent authority specified in Point d Clause 2 Article 7 of this Decree.

Organizations and individuals registering scientific and technological activities bear legal responsibility for the contents declared in the dossier in accordance with this Clause.

2. The procedure and formalities for registering scientific and technological activities include:

a) The registration dossier of scientific and technological activities shall be prepared in two copies and sent to the competent authority for registration of scientific and technological activities specified in Article 8 of this Decree via postal service or delivered directly;

b) The authority issuing the Scientific and Technological Activity Registration Certificate shall be responsible for checking the dossier. In case the dossier does not meet the requirements stipulated in Clause 1 of this Article, within the latest five working days from the date of receipt of the dossier, the competent authority for registration of scientific and technological activities must notify in writing the organization or individual to amend and supplement;

c) Within fifteen working days from the date of receiving the complete dossier as stipulated in Clause 1 of this Article, the competent authority shall be responsible for issuing the Scientific and Technological Activity Registration Certificate. In case the registration dossier of scientific and technological activities is not approved, the competent authority for registration of scientific and technological activities shall send a written notification to the organization or individual specifying the reasons.

3. The Minister of Science and Technology shall promulgate the model of the Scientific and Technological Activity Registration Certificate and the model of documents included in the registration dossier of scientific and technological activities.

Article 10. Procedures for changing, supplementing, and reissuing the Certificate of Registration for Scientific and Technological Activities

1. For cases involving changes or supplements to the Certificate of Registration for Scientific and Technological Activities, the dossier shall include:

a) The application form of the scientific and technological organization;

b) Relevant documents pertaining to the content of the changes or supplements;

c) The previously issued Certificate of Registration for Scientific and Technological Activities.

2. For cases involving the reissuance of the Certificate of Registration for Scientific and Technological Activities, the dossier shall include:

a) The application form of the scientific and technological organization;

b) Confirmation from the police authority, receipt from the news agency or radio station regarding the announcement of the loss of the Certificate of Registration for Scientific and Technological Activities, or the previously issued Certificate of Registration for Scientific and Technological Activities in cases where the certificate is torn or damaged.

3. The dossier for requesting changes, supplements, or reissuance of the Certificate of Registration for Scientific and Technological Activities shall be prepared in two sets and submitted to the competent registration authority for scientific and technological activities as stipulated in Article 8 of this Decree via postal service or direct submission.

Within ten working days from the date of receiving the complete dossier as prescribed in Clause 1 and Clause 2 of this Article, the competent authority shall be responsible for examining and issuing the Certificate of Registration for Scientific and Technological Activities. In case of non-approval, the competent authority for registering scientific and technological activities shall notify the organization or individual concerned in writing, specifying the reasons.

Article 11. Responsibilities for Registering and Reporting on Scientific and Technological Activities

1. Within sixty days from the date of establishment, scientific and technological organizations must register their scientific and technological activities with the competent state authority as prescribed in Article 8 of this Decree.

2. Scientific and technological organizations that fail to register their scientific and technological activities as required in Clause 1 of this Article shall not participate in implementing scientific and technological tasks funded by the state budget, shall not receive state investment or support, and shall be subject to legal sanctions.

3. Scientific and technological organizations are responsible for periodically reporting annually or upon request by the competent state management authority on the status of their operations according to guidelines provided by the Ministry of Science and Technology.

Article 12. Suspension and Revocation of the Effectiveness of the Certificate of Registration for Scientific and Technological Activities

1. The Certificate of Registration for Scientific and Technological Activities shall be suspended for up to six months in the following cases:

a) More than twelve months from the date of issuance of the Certificate of Registration for Scientific and Technological Activities, the scientific and technological organization does not commence its activities;

b) Ceasing operations for more than twelve consecutive months without a valid reason;

c) Failure to submit annual periodic reports on the status of activities to the issuing authority for two consecutive years;

d) Failure to meet the conditions stipulated in Article 4 of this Decree for a continuous period of twelve months;

đ) Failure to register changes, supplements, or reissue the Certificate of Registration for Scientific and Technological Activities within twelve months from the date of change, supplementation, or loss of the Certificate of Registration for Scientific and Technological Activities.

2. The Certificate of Registration for Scientific and Technological Activities shall be revoked in the following cases:

a) Falsification of information in the application dossier to obtain the Certificate of Registration for Scientific and Technological Activities;

b) Exceeding the suspension period of the Certificate of Registration for Scientific and Technological Activities without taking corrective measures or failing to correct as required by the competent authority;

c) Based on decisions or recommendations of competent authorities when the scientific and technological organization engages in violations during its activities.

3. The issuing authority of the Certificate of Registration for Scientific and Technological Activities has the right to suspend or revoke the effectiveness of the Certificate of Registration for Scientific and Technological Activities and notify in writing the People's Committee of the province where the scientific and technological organization is headquartered, and announce on the electronic information website of the issuing authority.

Article 13. Merger of scientific and technological organizations

1. One or several scientific and technological organizations (hereinafter referred to as the merged scientific and technological organization) may merge into another scientific and technological organization (hereinafter referred to as the receiving scientific and technological organization) by transferring all assets, rights, obligations, and lawful benefits to the receiving scientific and technological organization, while simultaneously ceasing the existence and removing the name from the register for the merged scientific and technological organization.

2. Procedures for merger

a) The relevant scientific and technological organizations prepare the merger agreement and draft the Charter of the organizational structure and operation of the receiving scientific and technological organization. The merger agreement must include the main contents regarding the name and principal address of the receiving scientific and technological organization; the name and principal address of the merged scientific and technological organization; procedures and conditions for merger; labor utilization plan; procedures, deadlines, and conditions for asset conversion and conversion of the share capital contribution of the merged scientific and technological organization into the share capital contribution of the receiving scientific and technological organization; deadline for implementing the merger.

b) Organizations and individuals establish the scientific and technological organization of the relevant scientific and technological organizations through the merger agreement, the Charter of the organizational structure and operation of the receiving scientific and technological organization, and proceed to register changes to the Certificate of Registration for Scientific and Technological Activities. In this case, the application for registration of scientific and technological activities must be accompanied by the merger agreement. The merger agreement must be sent to all creditors (if any) and notified to employees within fifteen working days from the date of approval.

c) After registering scientific and technological activities, the merged scientific and technological organization ceases to exist; the receiving scientific and technological organization enjoys the lawful rights and interests, bears responsibility for unpaid debts, labor contracts, and other property obligations of the merged scientific and technological organization.

Article 14. Division of scientific and technological organizations

1. A scientific and technological organization may be divided into several scientific and technological organizations. The divided scientific and technological organization ceases operations and is removed from the register after the new scientific and technological organization is established and issued a Certificate of Registration for Scientific and Technological Activities.

2. Procedures for dividing scientific and technological organizations

Organizations and individuals establish the divided scientific and technological organization through the division decision of the scientific and technological organization according to this Decree and the Charter of the organizational structure and operation of the competent authority establishing the scientific and technological organization. The division decision must include the main contents regarding the name and principal address of the divided scientific and technological organization; the names of the scientific and technological organizations to be established; principles and procedures for dividing the assets of the scientific and technological organization; labor utilization plan; deadlines and procedures for converting the share capital contribution of the divided scientific and technological organization into the newly established scientific and technological organizations; principles for resolving the obligations of the divided scientific and technological organization; deadline for implementing the division of the scientific and technological organization.

The division decision must be sent to all creditors (if any) and notified to employees within fifteen working days from the date the decision takes effect.

3. The divided scientific and technological organization ceases to exist after the new scientific and technological organizations have registered scientific and technological activities. The new scientific and technological organizations must jointly bear responsibility for unpaid debts (if any), labor contracts, employment decisions, and other property obligations of the divided scientific and technological organization or agree with creditors (if any), customers, and employees for one of these new scientific and technological organizations to fulfill these obligations.

4. The new scientific and technological organizations formed after the division must meet the conditions, procedures, and requirements for establishing scientific and technological organizations and registering scientific and technological activities as stipulated in this Decree. In this case, the application for registration of scientific and technological activities must be accompanied by the division decision of the scientific and technological organization.

Article 15. Splitting scientific and technological organizations

1. A scientific and technological organization may be split by transferring part of the assets of the existing scientific and technological organization (hereinafter referred to as the scientific and technological organization being split) to establish one or more new scientific and technological organizations (hereinafter referred to as the scientific and technological organization being formed); transferring part of the rights and obligations of the scientific and technological organization being split to the scientific and technological organization being formed without ceasing the existence of the scientific and technological organization being split.

2. Procedures for splitting scientific and technological organizations

The establishment of the scientific and technological organization being split through a decision to split the scientific and technological organization in accordance with this Decree and the Charter of the scientific and technological organization's operations must include the main contents regarding the name and principal office address of the scientific and technological organization being split; the name of the scientific and technological organization being formed; the labor utilization plan; the value of assets, rights, and obligations transferred from the scientific and technological organization being split to the scientific and technological organization being formed; the time limit for implementing the split of the scientific and technological organization. The decision to split the scientific and technological organization must be sent to all creditors (if any) and notified to employees within fifteen working days from the date the decision takes effect.

3. The scientific and technological organization being split and the scientific and technological organization being formed must jointly bear responsibility for unpaid debts (if any), labor contracts, recruitment decisions, and other property obligations of the scientific and technological organization being split, except where otherwise agreed.

4. New scientific and technological organizations formed after the split must meet the conditions, procedures, and requirements for establishing scientific and technological organizations and registering scientific and technological activities as stipulated in this Decree. In this case, the application for registration of scientific and technological activities must be accompanied by the decision to split the scientific and technological organization.

Article 16. Dissolution of scientific and technological organizations

1. Dissolution of a scientific and technological organization is the termination of its activities. Dissolution of a scientific and technological organization shall be carried out in the following cases:

a) Upon expiration of the term of operation recorded in the Charter of the scientific and technological organization without an extension decision;

b) By decision of the competent authority;

c) Revocation of the Certificate of Registration for Scientific and Technological Activities.

2. A scientific and technological organization can only be dissolved when all debts and other property obligations have been settled.

3. Procedures and requirements for dissolving scientific and technological organizations

a) The competent authority establishing the scientific and technological organization decides on its dissolution. The dissolution decision must include the main contents: the name and principal office address of the scientific and technological organization; reasons for dissolution; time limit and procedures for liquidating contracts and paying off debts of the scientific and technological organization (if any); the debt repayment period and contract liquidation period shall not exceed six months from the date the dissolution decision takes effect; plans for handling obligations arising from labor contracts and recruitment decisions; the full name and signature of the legal representative of the scientific and technological organization; the organization or individual establishing the scientific and technological organization organizes the liquidation of the scientific and technological organization's assets, except where the Charter of the scientific and technological organization provides for the establishment of a separate liquidation organization;

b) Within ten working days from the date of issuance, the decision to dissolve the scientific and technological organization must be sent to the agency registering scientific and technological activities, creditors (if any), persons with rights, obligations, and interests related to the scientific and technological organization, and employees of the scientific and technological organization, and must be publicly posted at the headquarters, branches, and representative offices of the scientific and technological organization. The dissolution decision must be sent to creditors along with a notice on the debt settlement plan (if any). The notice must include the creditor's name and address; the amount of debt, payment deadline, location, and method; the manner and deadline for resolving creditor complaints.

The decision to dissolve the scientific and technological organization must be published in at least one local newspaper in the place where the headquarters is located for three consecutive issues or on the electronic page of the Ministry, sector, or province where the headquarters is located;

c) Within ten working days from the date of settling all debts of the scientific and technological organization, the legal representative of the scientific and technological organization must notify the completion of the obligations specified in Point b Clause of this Article and the Certificate of Registration for Scientific and Technological Activities to the agency registering scientific and technological activities. Within ten working days from the date of receiving complete and valid documents, the agency registering scientific and technological activities will remove the name of the scientific and technological organization from the register of scientific and technological activities.

Article 17. Merger, division, separation, dissolution of scientific and technological organizations that are higher education institutions

The merger, division, separation, and dissolution of scientific and technological organizations that are higher education institutions shall be carried out in accordance with the provisions of the law on higher education. In cases of division and separation, they must also comply with the regulations set forth in Article 6 of this Decree regarding the procedures and formalities for assessing the establishment of new scientific and technological organizations.

Article 18. Establishment of subordinate scientific and technological organizations abroad

1. Vietnamese scientific and technological organizations establishing subordinate scientific and technological organizations abroad must submit a request accompanied by documents proving compliance with the following requirements:

a) Having a project to establish a subordinate scientific and technological organization abroad;

b) Fulfilling all financial obligations to the State;

c) Not violating prohibitions stipulated in the Law on Science and Technology and other relevant legal documents;

d) Adhering to the regulations of the law on cooperation and investment with foreign countries in the field of science and technology.

2. Within thirty days from the date of receipt of the request and accompanying documents, the Ministry of Science and Technology shall issue a notification regarding compliance with the requirements specified in Clause 1 of this Article and send it to the competent authority. Authority, procedures, and formalities for permission to establish subordinate scientific and technological organizations abroad shall be implemented in accordance with the provisions of the law on cooperation and investment with foreign countries in the field of science and technology.

3. Within thirty days from the date of permission to establish a subordinate scientific and technological organization abroad, the scientific and technological organization specified in Clause 1 of this Article must notify the Ministry of Science and Technology.

Article 19. Representative offices and branches of scientific and technological organizations

1. A representative office is a dependent unit of a scientific and technological organization, representing the interests of the organization by proxy and implementing the protection of those interests.

2. A branch is a dependent unit of a scientific and technological organization, performing all or part of the functions of the scientific and technological organization, including the function of representation by proxy.

3. Representative offices and branches of scientific and technological organizations do not have legal personality and cannot establish subordinate representative offices or branches. The scope of activities of representative offices and branches must be consistent with the scope of activities of the scientific and technological organization.

Article 20. Conditions for establishing and registering the operation of representative offices and branches of domestic scientific and technological organizations

1. Conditions for establishing representative offices and branches

a) The scope of activities of representative offices and branches must be consistent with the scope of activities of the scientific and technological organization;

b) The establishment of representative offices and branches must be stipulated in the Charter of the organization's structure and operations;

c) A representative office must have at least two (2) persons with a college degree or higher; a branch must have at least three (3) persons with a bachelor's degree or higher, including at least one (1) person with expertise in the main field applied for registration. The head must have a bachelor's degree or higher and work officially at the representative office or branch;

d) Representative offices and branches must have a headquarters as required for scientific and technological organizations under this Decree.

2. Scientific and technological organizations are responsible for registering the operation of representative offices and branches with the Department of Science and Technology where the headquarters of the representative office or branch is located. The registration dossier shall be prepared in two (2) copies, including:

a) Application for registration of activities;

b) Decision on establishing the representative office or branch;

c) Curriculum vitae of the head of the representative office or branch;

d) Documents proving human resources and headquarters of the representative office or branch;

đ) A certified copy of the registration for scientific and technological activities of the scientific and technological organization.

3. Within fifteen working days from the date of receiving complete and valid dossiers, the Department of Science and Technology shall be responsible for issuing a Certificate of Operation for the representative office or branch. If不同意翻译结果中出现的“đ”字符，请告知我，我会立即为您重新生成翻译，仅替换该字符并保持其余内容不变。同时，根据您的要求，翻译应严格遵循原文，不添加任何解释或补充信息。请确认是否需要我进行修改。

4. Within fifteen working days from the date of issuance of the Representative Office Operation Certificate, Branch Operation Certificate, the organization for science and technology specified in Clause 2 of this Article shall submit a copy of the Representative Office Operation Certificate, Branch Operation Certificate to the agency that issued the Registration Certificate for Scientific and Technological Activities to itself.

5. The Ministry of Science and Technology shall provide detailed guidance on the documents in the application dossier for the operation of representative offices and branches of organizations for science and technology as stipulated in Clause 2 of this Article and the model of the Representative Office Operation Certificate, Branch Operation Certificate.

Article 21. Conditions, procedures, and formalities for establishing representative offices and branches in Vietnam by foreign scientific and technological organizations

1. Foreign scientific and technological organizations may establish representative offices and branches in Vietnam when they meet the conditions stipulated in Clause 2, Article 15 of the Law on Science and Technology.

Representative offices and branches must satisfy the conditions prescribed in Clause 1, Article 20 of this Decree.

2. The application dossier for obtaining a License to establish a representative office in Vietnam by a foreign scientific and technological organization shall include:

a) A request for issuance of a License to establish a representative office signed by an authorized representative of the foreign scientific and technological organization;

b) A copy of the registration certificate or equivalent document of the foreign scientific and technological organization certified by the competent authority that established it. In cases where the registration certificate or equivalent document specifies the duration of operation of the foreign organization, such duration must still be at least one year;

c) An audited financial report or equivalent document from the most recent fiscal year of the scientific and technological organization;

d) A copy of the charter of the organizational structure and activities of the foreign scientific and technological organization;

đ) A criminal record of the head of the representative office of the foreign scientific and technological organization;

e) An approval document from the People's Committee of the province regarding permission to set up the headquarters of the representative office.

Documents specified in Points b, c, d, and đ of this Clause must be translated into Vietnamese and legalized consularly.

3. The application dossier for obtaining a License to establish a branch in Vietnam by a foreign scientific and technological organization shall include:

a) A request for issuance of a License to establish a branch signed by an authorized representative of the foreign scientific and technological organization;

b) A copy of the charter of the organizational structure and activities of the branch, clearly defining the scope of authority delegated to the head of the branch;

c) A copy of the registration certificate or equivalent document of the foreign scientific and technological organization certified by the competent authority that established or registered its activities. In cases where the registration certificate or equivalent document specifies the duration of operation of the organization or individual, such duration must still be at least three years;

d) An audited financial report or equivalent document from the most recent fiscal year of the scientific and technological organization;

đ) A criminal record of the head of the branch of the foreign scientific and technological organization;

e) An approval document from the People's Committee of the province regarding permission to set up the headquarters of the branch.

Documents specified in Points b, c, d, and đ of this Clause must be translated into Vietnamese and legalized consularly.

4. Procedures and formalities for establishing representative offices and branches in Vietnam by foreign scientific and technological organizations include:

a) The application dossier for obtaining a License to establish a representative office or branch by a foreign scientific and technological organization shall be prepared in two sets and submitted to the Ministry of Science and Technology;

b) Within sixty days from the date of receipt of a complete and valid dossier, the Ministry of Science and Technology shall issue a License to establish a representative office or branch to the foreign scientific and technological organization and send a copy of the License to the Ministry of Industry and Trade, the Ministry of Foreign Affairs, the Ministry of Public Security, and the People's Committee of the province or centrally-administered city where the representative office or branch is located;

c) If the dossier is incomplete, within five working days from the date of receipt of the dossier, the Ministry of Science and Technology shall notify in writing the foreign scientific and technological organization to supplement and perfect the dossier;

d) During the review of the dossier for issuing a License, if deemed necessary, within ten working days from the date of receipt of a complete and valid dossier of the organization, the Ministry of Science and Technology shall take the lead and coordinate with relevant ministries and agencies to conduct an examination of the application dossier;

đ) During the review of the application dossier for issuing a License, the Ministry of Science and Technology has the right to require the foreign scientific and technological organization to present related documents to verify information stated in the dossier;

e) In cases where the conditions for issuing a License to establish a representative office or branch are not met, the Ministry of Science and Technology must notify in writing the foreign scientific and technological organization and specify the reasons.

5. The Ministry of Science and Technology shall provide detailed guidance on the format of the request for issuance of a License to establish a representative office as stipulated in Point a, Clause 2 of this Article, the format of the request for issuance of a License to establish a branch as stipulated in Point a, Clause 3 of this Article, and the format of the License to establish a representative office or branch in Vietnam by a foreign scientific and technological organization as stipulated in Point b, Clause 4 of this Article; procedures for reissuing, extending, changing, supplementing, suspending, and revoking the validity of Licenses to establish representative offices and branches.

Article 22. Rights and Obligations of Representative Offices and Branches of Foreign Scientific and Technological Organizations in Vietnam

1. Representative offices and branches have the following rights:

a) To be protected by the Government of the Socialist Republic of Vietnam for their lawful rights and interests in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party;

b) To have a seal bearing the name of the representative office or branch of the foreign scientific and technological organization in accordance with current relevant laws;

c) To lease premises, rent or purchase necessary equipment and supplies for the operation of the representative office or branch;

d) To open foreign currency and Vietnamese dong accounts at banks permitted to operate in Vietnam and to use these accounts solely for the activities of the representative office or branch;

đ) To recruit Vietnamese and foreign workers to work at the representative office or branch in accordance with relevant laws;

e) Other rights as prescribed by laws on science and technology and other relevant laws.

2. Representative offices and branches have the following obligations:

a) To operate in accordance with the contents and fields of activity specified in the Establishment License;

b) To implement registration for changes, supplements, reissue, and extension of the Establishment License in accordance with relevant laws;

c) The head of the representative office or branch shall be responsible for all activities of the representative office or branch in Vietnam, and shall periodically report in writing on the activities of the representative office or branch in Vietnam to the licensing authority before December 15 each year; to provide reports, documents, and explanations on related issues when requested by competent authorities of Vietnam;

d) The head of the representative office or branch of a foreign scientific and technological organization in Vietnam shall perform tasks authorized by the foreign scientific and technological organization within the scope and duration of such authorization;

đ) Other obligations as prescribed by laws on science and technology and other relevant laws.

Article 23. Vietnamese Scientific and Technological Organizations Establishing Representative Offices and Branches Abroad

1. Scientific and technological organizations that wish to establish representative offices or branches abroad must submit a request accompanied by documents proving compliance with the following requirements:

a) Having been in operation for at least three years up to the date of requesting establishment of a branch, and for at least one year up to the date of requesting establishment of a representative office;

b) Having a feasible project for establishing a representative office or branch abroad, with clear objectives and directions of operation consistent with Vietnamese laws;

c) Adhering to annual reporting requirements regarding operational status to the agency issuing the Registration Certificate for Scientific and Technological Activities and fulfilling other obligations to the state;

d) Complying with laws on cooperation and investment with foreign countries in the field of science and technology. Not violating prohibitions under laws on science and technology and other relevant laws.

2. Within thirty days from the date of receipt of the request and accompanying documents, the Ministry of Science and Technology shall issue a written notification regarding compliance with the requirements stipulated in Clause 1 of this Article.

3. Within thirty days from the date of permission to establish a representative office or branch abroad, the scientific and technological organization must notify the Ministry of Science and Technology.

Article 24. Independent Evaluation of Scientific and Technological Organizations

1. The independent evaluation and ranking of scientific and technological organizations shall be conducted by individuals or organizations themselves or pursuant to a contract with other organizations or individuals.

2. Individuals or organizations conducting the independent evaluation and ranking of scientific and technological organizations must comply with the provisions set forth in Clause 3, Article 16 of the Law on Science and Technology.

3. Criteria and methods for evaluating scientific and technological organizations must be established by the independent evaluator and publicly announced through mass media.

4. The capacity for evaluation and ranking of scientific and technological organizations by independent evaluators must be publicly announced through mass media.

5. In cases where individuals or organizations conduct evaluations and rankings of scientific and technological organizations pursuant to a contract, the rights and obligations of the parties shall be carried out in accordance with the provisions of the contract.

Chapter III

TASKS IN SCIENCE AND TECHNOLOGY

Article 25. National Budget-Funded Science and Technology Tasks

1. National budget-funded science and technology tasks are those that meet the following criteria:

a) They are of significant importance to national economic and social development, national defense, and security; they play a crucial role in enhancing the country's scientific and technological potential;

b) They address scientific and technological issues related to multiple industries and fields, across regions;

c) They require the mobilization of national resources and may involve participation from various scientific and technological disciplines.

2. National budget-funded science and technology tasks include:

a) National science and technology programs, including key national science and technology programs and other national science and technology programs;

b) National science projects;

c) National science and technology topics;

d) National pilot production projects;

đ) National science and technology projects;

e) Science and technology topics and projects under protocols;

g) Special national science projects, topics, and projects;

h) Potential national science and technology topics and projects;

i) Particularly important national science and technology tasks aimed at addressing urgent national requirements concerning security, defense, natural disasters, epidemics, and the development of science and technology.

3. National budget-funded science and technology tasks are approved and contracted for implementation by the Minister of Science and Technology, except in cases stipulated in Clause 4 of this Article.

4. Special science and technology tasks are approved according to the procedures and formalities prescribed in Article 30 of this Decree.

Article 26. Ministry-Level Budget-Funded Science and Technology Tasks

1. Ministry-level budget-funded science and technology tasks are those that meet the following criteria:

a) They are of significant importance to the development of an industry or field;

b) They address scientific and technological issues within the scope of an industry or field;

c) They utilize state budget funds for science and technology activities of ministries and sectors.

2. Ministry-level budget-funded science and technology tasks are approved and contracted for implementation by the Ministers, Heads of Ministries equivalent to ministries, agencies under the Government, and other central state agencies, including:

a) Ministry-level science and technology programs;

b) Ministry-level science projects;

c) Ministry-level science and technology topics;

d) Ministry-level pilot production projects;

đ) Ministry-level science and technology projects;

e) Potential ministry-level science and technology topics and projects.

Article 27. Scientific and technological tasks using provincial state budget

1. Scientific and technological tasks using provincial state budget are tasks that meet the following criteria:

a) They are important for economic and social development within the province;

b) They address scientific and technological issues within the province;

c) They utilize the provincial science and technology public funds.

2. Scientific and technological tasks using provincial state budget are approved and contracted by the Chairman of the Provincial People's Committee to implement the tasks, including:

a) Provincial science and technology programs;

b) Provincial scientific projects;

c) Provincial scientific and technological topics;

d) Provincial experimental production projects;

đ) Provincial scientific and technological projects;

e) Potential provincial scientific and technological topics and projects.

Article 28. Scientific and technological tasks using institutional state budget

Scientific and technological tasks using institutional state budget are tasks aimed at addressing scientific and technological issues of the institution and are contracted by the head of the institution to implement, including:

1. Institutional scientific and technological topics;

2. Institutional scientific and technological projects.

Article 29. Measures to encourage the proposal of scientific ideas and scientific and technological tasks

1. The State encourages and creates conditions for all organizations and individuals to propose scientific ideas and scientific and technological tasks. Scientific ideas are sent to the management agencies for science and technology at various levels.

2. Management agencies for science and technology have the responsibility to receive and organize the evaluation of scientific ideas proposed by organizations and individuals.

3. Encourage organizations and individuals to organize competitions to seek scientific ideas.

4. Scientific ideas selected through the evaluation activities of the management agencies for science and technology or from competitions supported and guided by these agencies will be further developed into scientific and technological tasks at various levels according to current regulations.

5. Scientific and technological ideas becoming approved scientific and technological tasks, the proposers will be prioritized to become the principal investigator of the task or participate in its implementation and be rewarded according to the law.

Article 30. Procedures and formalities for identifying and approving special scientific and technological tasks

1. Criteria for identifying special scientific and technological tasks

a) Large scale serving national defense and security directly, with significant impact on productivity, quality, and competitiveness of national products;

b) Require the use of funding outside the annual state budget allocation for national-level scientific and technological tasks;

c) Demand special mechanisms and policies.

2. Authority to decide on approval of special scientific and technological tasks

a) For special scientific and technological tasks classified as important national projects requiring investment decisions by the National Assembly, the Ministry of Science and Technology shall take the lead, coordinating with relevant agencies to submit to the Government for submission to the National Assembly in accordance with related laws;

b) In cases where special scientific and technological tasks do not fall under the provisions of Point a Clause of this Article, the Ministry of Science and Technology shall take the lead, coordinating with relevant agencies to submit to the Prime Minister for decision.

3. Proposals for special scientific and technological tasks are defined as follows:

a) Ministries, ministerial-level agencies, government agencies, provincial people's committees, and other central state agencies propose special scientific and technological tasks according to the form issued by the Ministry of Science and Technology and send them to the Ministry of Science and Technology;

b) The Ministry of Science and Technology has the responsibility to compile and organize the review of proposals for special scientific and technological tasks to be submitted to competent state agencies for consideration and decision.

Article 31. Scientific and technological tasks funded by state budget assigned directly

1. Scientific and technological tasks funded by state budget assigned directly are scientific and technological tasks falling under one of the cases prescribed in Clause 1, Article 30 of the Law on Science and Technology.

2. The head of the state management agency for science and technology at all levels selects organizations or individuals who meet the required conditions to be assigned to carry out scientific and technological tasks. Organizations or individuals assigned scientific and technological tasks must prepare a project outline and defend it before the Science and Technology Council established by the state management agency for science and technology.

3. Scientific and technological organizations directly assigned scientific and technological tasks may organize the implementation of these tasks through either a selection process or direct assignment to groups or individuals within their organization. If implemented through a selection process, a Selection Council must be established in accordance with Clause 5, Article 29 of the Law on Science and Technology and guidelines issued by the Ministry of Science and Technology. In the case of direct assignment, a Science and Technology Council must be established to review and approve the project outline for implementing the scientific and technological task.

4. When necessary, the head of the state management agency for science and technology has the right to seek additional advisory opinions from independent organizations or experts before making a decision.

Article 32. Advisory Council for Science and Technology

1. The Advisory Council for determining scientific and technological tasks, the Advisory Council for selecting the implementation of scientific and technological tasks, the Advisory Council for directly assigning the implementation of scientific and technological tasks, and the Advisory Council for evaluating and accepting the results of scientific and technological tasks (hereinafter referred to as the Advisory Council for Science and Technology) shall be established by the head of the state management agency for science and technology within their authority.

2. The members of the Advisory Council for Science and Technology include scientists, representatives of agencies or organizations proposing orders, agencies or organizations placing orders, managers, and business people with the appropriate expertise and qualifications for the advisory task.

The Advisory Council for Science and Technology consists of a Chairman, a Vice-Chairman, two members as critical reviewers, a scientific secretary member, and other members.

3. National-level members of the Advisory Council for Science and Technology who are scientists must be included in the database of science and technology experts approved by the Ministry of Science and Technology.

Article 33. Activities of the Advisory Council for Science and Technology

1. The Advisory Council for Science and Technology operates based on democratic, objective, honest principles, adhering to laws and professional ethics. Members of the Council openly discuss the content they are tasked to advise. Opinions of the Council members and recommendations of the Council must be recorded in writing. Council members are responsible for their advisory opinions.

A session of the Council can only be convened when at least two-thirds of its members are present, including the Chairman or a Vice-Chairman authorized to act, and must include critical reviewer members and the scientific secretary member.

2. The Advisory Council for Science and Technology evaluates, ranks, or votes according to criteria set by the Minister of Science and Technology.

3. The operating expenses of the Advisory Council for Science and Technology, and the expenses for hiring independent organizations or experts for scientific and technological tasks funded by the state budget are budgeted as a separate item from the science and technology public service fund. Members of the Advisory Council for Science and Technology, and independent organizations or experts are compensated for their work from the funds specified in this Clause.

Operating expenses for the Advisory Council for Science and Technology for tasks not funded by the state budget are borne by the organizations or individuals investing in the implementation of scientific and technological tasks.

Article 34. Independent Consulting Organizations and Experts

1. An independent consulting organization is a scientific and technological organization with capability and experience in the relevant field of consultancy.

2. An independent consulting expert is a person holding a bachelor's degree or higher, with capability and experience in the relevant field of consultancy. Independent consulting experts for national-level scientific and technological tasks must be included in the database of scientific and technological experts approved by the Ministry of Science and Technology.

3. The Ministry of Science and Technology shall provide detailed guidance on this Article.

Article 35. Responsibilities of Members of the Scientific and Technological Advisory Board, Consulting Organizations, and Independent Consulting Experts

1. To operate according to the principles of democracy, adhere to professional ethics, independence, honesty, objectivity, and scientific rigor in consultancy activities.

2. To bear responsibility for their consultancy opinions.

3. To keep confidential information received during consultancy activities, except where there is an agreement or other legal provisions.

4. To fully perform obligations as stipulated and agreed upon.

Article 36. Inspection and Evaluation During the Execution of Scientific and Technological Tasks

1. State management agencies at all levels, within their authority, must conduct regular or spot inspections and evaluate the execution of scientific and technological tasks funded by the state budget regarding scientific content, progress, and financial usage. In necessary cases, the head of the state management agency at each level may adjust the scientific content, progress, and method of financial use to meet practical requirements, or terminate the task and bear responsibility for such decisions.

2. The Ministry of Science and Technology shall provide specific guidance on the procedures and formalities for inspection and evaluation as prescribed in this Article.

Article 37. Review of Results of Scientific and Technological Tasks Not Using State Budget

1. Results of scientific and technological tasks not using the state budget that potentially affect national interests, defense, security, environment, human life, and health must be reviewed by the state management agency for science and technology before being applied in production and daily life.

2. Organizations and individuals applying the results of scientific and technological tasks as prescribed in Clause 1 of this Article shall have the responsibility:

a) To submit review application files to the state management agency for science and technology. The review application file includes: the review application form; the approved explanatory statement (if any); research results and related documents;

b) To pay for the costs of organizing assessment and review.

3. The Ministry of Science and Technology shall guide the implementation of this Article.

Article 38. Support for Linked Scientific and Technological Tasks

1. A scientific and technological task established by a scientific and technological organization or scientist in collaboration with enterprises and other organizations to determine and implement scientific and technological tasks serving the needs of innovation, improving technological level, productivity, quality, and competitiveness of products and goods is referred to as a linked scientific and technological task.

2. Conditions for supporting linked scientific and technological tasks include:

a) Linked scientific and technological tasks must be formulated as a business scientific and technological project with clear objectives, research content, and specific products directly serving the needs of innovation, improving technological level, productivity, quality, and competitiveness of products and goods;

b) The project must be feasible;

c) The project product must have the potential for application in production and business;

d) The project must be approved by the competent authority head;

đ) Linked scientific and technological tasks must be formulated as projects to implement national-level scientific and technological tasks in priority and key areas of the State.

3. Forms of support for linked scientific and technological tasks

Linked scientific and technological tasks meeting the conditions prescribed in Clause 2 of this Article shall be supported by the State with non-recoverable investment capital for project contents related to the scientific and technological activities of the project.

4. Level of support for linked scientific and technological tasks

a) Projects meeting the conditions prescribed in points a, b, c, and d of Clause 2 of this Article shall be supported up to 30% of the project's investment capital;

b) Projects meeting the conditions prescribed in points a, b, c, and d of Clause 2 of this Article implemented in economically disadvantaged and extremely disadvantaged regions shall be supported up to 50% of the project's investment capital;

c) Projects meeting the conditions prescribed in points b, c, d, and đ of Clause 2 of this Article shall be supported up to 50% of the project's investment capital;

d) The level of support and the source of funding for each project shall be determined by the competent authority head who approves the project.

5. Procedures and Formalities for Supporting Linked Scientific and Technological Tasks

a) Organizations and individuals requiring support shall prepare two sets of documents and send them to the competent authority approving the project via postal service or direct submission;

b) After receiving complete and valid documents, the head of the competent authority approving the project shall establish an advisory board to assess the project's support. The board shall consist of representatives from the Ministry of Science and Technology, the Ministry of Finance, the relevant industry ministry, and scientists. The advisory board shall be responsible for reviewing the necessity and level of support;

c) The Ministry of Science and Technology shall provide detailed guidance on the procedures and formalities for support as prescribed in this Clause.

Chapter IV
TRANSFER OF OWNERSHIP AND USE RIGHTS TO THE RESULTS OF SCIENTIFIC RESEARCH AND TECHNOLOGICAL DEVELOPMENT, REVIEW OF SCIENTIFIC BASIS, TECHNOLOGY REVIEW IN INVESTMENT PROJECTS AND ECONOMIC-SOCIAL DEVELOPMENT PROGRAMMES

Article 39. Cases of transferring ownership rights and usage rights for scientific research and technological development results funded by state budget

1. The transfer of full ownership rights for scientific research and technological development results shall be carried out through an agreement between the representative of the state owner and the leading organization, or when meeting one of the following conditions:

a) The leading organization has the ability to apply or commercialize the entire scientific research and technological development results;

b) The leading organization has the ability to apply or commercialize a part of the scientific research and technological development results that cannot be divided into independent parts for application or commercialization.

2. The transfer of partial ownership rights for scientific research and technological development results shall be carried out through an agreement between the representative of the state owner and the leading organization, or when meeting one of the following conditions:

a) The leading organization only has the ability to apply or commercialize a part of the scientific research and technological development results that can be divided into separate parts for application or commercialization;

b) There is an agreement or regulation of the leading organization regarding the division of ownership rights for scientific research and technological development results with other organizations or individuals recognized by the representative of the state owner.

3. The representative of the state owner may authorize the leading organization implementing scientific and technological tasks to register intellectual property protection for the portion of achieved results before the final acceptance evaluation to protect intellectual property rights.

4. The transfer of full or partial usage rights for scientific research and technological development results to the leading organization or another organization as stipulated in Clause 5, Article 41 of the Law on Science and Technology shall be carried out through an agreement between the representative of the state owner and such organization, except in cases where the scientific research and technological development results are particularly important for national defense and security. In cases where the parties do not have an agreement, the transfer of usage rights shall be carried out when the scientific research and technological development results need to be widely applied to meet public health, nutrition needs or address urgent social needs.

5. After transferring ownership and usage rights for scientific research and technological development results, the representative of the state owner shall be responsible for inspecting, supervising, and requesting the organization granted ownership and usage rights to report on the effectiveness of using those results.

Article 40. Procedures and formalities for transferring ownership and usage rights for scientific research and technological development results funded by state budget

1. Organizations implementing scientific and technological tasks, science and technology enterprises requiring the transfer of ownership and usage rights for scientific research and technological development results must prepare a proposal for transferring ownership and usage rights to submit to the representative of the state owner.

2. In cases where the organizations receiving the usage rights for scientific research and technological development results funded by state budget as stipulated in Clause 1 of this Article are unable to use them, other organizations requiring the transfer of usage rights for scientific research and technological development results must prepare a proposal for transferring usage rights to submit to the representative of the state owner.

3. The proposal for transferring ownership and usage rights for scientific research and technological development results includes:

a) Application form;

b) Report on the ability to apply or commercialize scientific research and technological development results;

c) Other related documents.

4. The representative of the state owner is responsible for checking the validity of the proposal. If the proposal is invalid, within five working days from the date of receipt of the proposal, the representative of the state owner must notify in writing the organization or individual to amend and supplement.

Within thirty days from the date of receipt of a valid proposal, the representative of the state owner shall examine the proposal and issue a decision on the transfer of ownership and usage rights for scientific research and technological development results. In case of refusal, a written response must be given to the organization or individual with the reasons stated.

5. The Ministry of Science and Technology shall provide detailed guidance on this matter.

Article 41. Rights and Obligations of Organizations Granted Ownership and Usage Rights to Scientific Research and Technological Development Results Funded by State Budget

1. Organizations granted ownership and usage rights to scientific research and technological development results funded by state budget shall have the following rights:

a) To exercise ownership and usage rights in accordance with the provisions of laws on technology transfer, intellectual property laws, other relevant laws, and decisions granting rights from state asset representatives;

b) To enjoy profit shares generated from commercializing scientific research and technological development results as stipulated in Article 42 of this Decree;

c) To benefit from state incentives for developing technology markets and supporting science and technology enterprises.

2. Organizations granted ownership and usage rights to scientific research and technological development results funded by state budget shall have the following obligations:

a) To exploit ownership and usage rights to scientific research and technological development results effectively;

b) To register protection, exploit, and protect intellectual property rights for scientific research and technological development results granted ownership; to fulfill financial obligations as stipulated in Article 42 of this Decree;

c) To report periodically annually or at any time upon request to state asset representatives about the effectiveness of exploitation, transfer, and assignment of ownership and usage rights to scientific research and technological development results;

d) To notify state asset representatives when they are no longer capable of exploiting usage rights to scientific research and technological development results.

Article 42. Profit Distribution When Using, Transferring Usage Rights, Assigning, or Contributing Capital with Scientific Research and Technological Development Results Funded by State Budget

1. Profits after tax obtained from using, transferring usage rights, assigning, or contributing capital with scientific research and technological development results shall be distributed as follows:

a) Author remuneration according to agreements between parties but not less than 30%;

b) Commission share (if any) according to agreements between parties but not exceeding 10%;

c) After distributing to authors and commission agents (if any), the remaining profit shall be allocated as follows: in cases where ownership rights are granted, 50% shall be reserved for scientific research and technological development investment, and 50% for organizational welfare and reward funds; in cases where usage rights are granted, it must be returned to state asset representatives according to agreements between parties but not exceeding 10%, the remainder shall be allocated 50% for scientific research and technological development investment, and 50% for organizational welfare and reward funds.

2. In cases where organizations or individuals use scientific research and technological development results to improve and develop technologies for commercialization and register intellectual property rights, they must obtain the consent of the owner of scientific research and technological development results.

The profit distribution from commercialization as stipulated in this Clause must be agreed in writing between such organizations or individuals and the owners or state asset representatives of scientific research and technological development results, in accordance with the contribution level of each party.

3. The Ministry of Science and Technology shall take the lead and coordinate with the Ministry of Finance to regulate the valuation of scientific research and technological development results and intellectual property assets funded by state budget.

Article 43. Application of science and technology in investment projects and economic and social development programs funded by the state budget

1. Investment projects and economic and social development programs funded by the state budget must establish a budget item for the application, research, and development activities serving the establishment of scientific bases during the investment preparation phase, implementation phase, and to address science and technology issues arising during the implementation process.

2. When preparing the budget estimate for investment projects and economic and social development programs funded by the state budget, the project sponsor shall be responsible for establishing a budget estimate for the application, research, and development activities as stipulated in Clause 1 of this Article. The ratio of funds allocated for application, research, and development activities in the total budget estimate of the investment project and economic and social development program shall be determined by the project sponsor.

3. The project sponsor shall be responsible for submitting periodic annual reports, ad hoc reports upon request, and final reports at the conclusion of investment projects and economic and social development programs approved by the National Assembly for investment policy, by the Government, Prime Minister, Ministries, agencies equivalent to ministries, and government agencies for direct investment and conditional investment projects to the Ministry of Science and Technology regarding the use of funds for science and technology activities.

4. The project sponsor shall be responsible for submitting periodic annual reports, ad hoc reports upon request, and final reports at the conclusion of investment projects and economic and social development programs decided on investment by provincial and district People's Committees to the Department of Science and Technology for reporting to the Ministry of Science and Technology regarding the use of funds for science and technology activities.

5. The Ministry of Science and Technology shall compile and report to the Prime Minister on the use of funds for science and technology activities in investment projects and economic and social development programs as stipulated in Clauses 3 and 4 of this Article.

Article 44. Authority to review scientific basis and technological assessment of investment projects and economic and social development programs

1. Economic and social development programs and investment projects within the authority to approve of the Prime Minister and investment projects in conditional sectors as prescribed by laws on investment must undergo a review of the scientific basis and technological assessment.

The leading agency responsible for reviewing investment projects and economic and social development programs as stipulated in this Clause shall be responsible for soliciting the scientific basis review and technological assessment opinions from the Ministry of Science and Technology. The results of the Ministry of Science and Technology's assessment are mandatory contents in the review report of the leading review agency.

2. Investment projects that require registration for investment must undergo a scientific basis review and technological assessment by the Department of Science and Technology before issuing the Investment Certificate according to the laws on investment.

Article 45. Procedures and formalities for reviewing the scientific basis and technological assessment of investment projects and economic and social development programs

1. The dossier for requesting a review of the scientific basis and technological assessment of investment projects and economic and social development programs includes:

a) A document requesting review;

b) Dossier of the investment project and economic and social development program. For the scientific basis review, the dossier must include a report on the results of theoretical and practical research for the construction of the investment project and economic and social development program; minutes of the acceptance evaluation of research results. For the technological assessment, the dossier must include documents in the dossier for requesting issuance of the Investment Certificate; economic and technical justification including detailed descriptions of the production process, analysis and selection of technological options, list of machinery, equipment, and production lines; environmental impact assessment and socio-economic effectiveness; draft technology transfer contract (if there is capital contribution through technology).

The dossier for requesting the review shall be prepared in two copies and submitted to the competent authorities for review as stipulated in Article 44 of this Decree.

2. Within thirty days from the date of receipt of complete valid dossiers, the competent authority must issue a review document to the requesting agency.

3. The Ministry of Science and Technology shall provide specific guidance on the dossier, content, and procedures and formalities for the review as stipulated in this Article.

Chapter V
DEVELOPMENT OF THE SCIENCE AND TECHNOLOGY MARKET

Article 46. Measures to develop the science and technology market

1. The State shall implement the following measures to develop the science and technology market:

a) Promote scientific research and technological development to create new technologies, enhance technology transfer, import, and exploit advanced and high-tech technologies from abroad into Vietnam on the basis of closely linking with the requirements for innovation, improving technological levels, and enhancing product competitiveness;

b) Promote the commercialization of scientific research and technological development outcomes based on closely linking scientific and technological activities with production and business through collaborative activities between scientific and technological organizations and enterprises;

c) Promote the nurturing and development of science and technology enterprises, especially within research institutes, higher education institutions, and high-tech zones.

2. Measures to increase demand for science and technology products:

a) Promote the application of measures to develop a market economy and international integration to boost enterprises' intrinsic demand for innovation, improvement of technological levels, and product competitiveness;

b) Support enterprises to enhance innovation and improve technological levels through the National Technology Innovation Fund, implementation of science and technology tasks at various levels, and other forms;

c) Encourage enterprises to commission innovation and improvement of technological levels and product competitiveness from domestic scientific and technological organizations.

3. The State shall establish and encourage individuals and organizations to establish intermediary organizations of the science and technology market.

Article 47. Establishment of intermediary organizations of the science and technology market

1. Types of intermediary organizations of the science and technology market include:

a) Technology incubation centers, science and technology enterprise incubation centers;

b) Technology exchange centers, technology markets - equipment markets;

c) Organizations providing services for technology evaluation, valuation, inspection, and technology transfer consultation;

d) Centers promoting and supporting technology transfer activities;

đ) Other science and technology service organizations related to the science and technology market.

2. The establishment and operation of organizations specified in Clause 1 of this Article shall be carried out in accordance with this Decree and other relevant legal documents.

3. The Ministry of Science and Technology shall guide the implementation of this Article.

Chapter VI
IMPLEMENTING PROVISIONS

Article 48. Transitional provisions

1. For scientific and technological tasks approved by competent authorities before January 1, 2014, they shall continue to be implemented according to the provisions of the Science and Technology Law 2000, Government Decree No. 81/2002/NĐ-CP dated October 17, 2002 detailing certain provisions of the Science and Technology Law, and the approval decision.

2. Applications for scientific and technological activities submitted to competent authorities for issuance of Scientific and Technological Activity Registration Certificates before January 1, 2014, which have not yet been issued such certificates, must complete their applications in accordance with this Decree.

For organizations established and registered to operate before the effective date of this Decree, within two years from the effective date of this Decree, they shall be responsible for reviewing their establishment conditions in accordance with this Decree, and if they do not meet the requirements, they must complete them in accordance with the conditions stipulated in this Decree.

3. For newly established scientific and technological organizations whose establishment files have not been approved by competent authorities before January 1, 2014, they must complete their files and comply with the procedures and formalities stipulated in this Decree.

4. Scientific and technological organizations that are higher education institutions must register their operations in accordance with this Decree within eighteen months from the effective date of this Decree.

Article 49. Effective Date

1. This Decree takes effect from March 15, 2014.

2. Government Decree No. 81/2002/NĐ-CP dated October 17, 2002 detailing certain provisions of the Science and Technology Law; Government Decree No. 201/2004/NĐ-CP dated December 10, 2004 promulgating the Regulation on Social Science and Humanities Activities; Articles 13, 14, 15, 24, 25, 26, 27, 28, and 29 of Government Decree No. 80/2010/NĐ-CP dated July 14, 2010 on cooperation and investment with foreign countries in the field of science and technology; Article 8 of Government Decree No. 119/1999/NĐ-CP dated September 18, 1999 on some policies and financial mechanisms to encourage enterprises to invest in science and technology activities; and Article 12 of Government Decree No. 61/2010/NĐ-CP dated June 4, 2010 on policies to encourage enterprises to invest in agriculture and rural areas shall cease to be effective from the date this Decree takes effect.

Article 50. Guidance and responsibility for implementation

1. The Ministers of Science and Technology, Planning and Investment, Finance, Education and Training, and Home Affairs shall be responsible for guiding the implementation of this Decree within their respective functions, tasks, and authorities.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals shall be responsible for implementing this Decree./.