Decree No. 109/2022/NĐ-CP on scientific and technological activities in higher education institutions

DECREE

Regulations on scientific and technological activities

in higher education institutions 

Pursuant to the Law on Government Organization dated June 19, 2015; Lawto the relevant national government agency responsible for external management (Ministry of Foreign Affairs, Department of Foreign Affairs, or Provincial People's Committee Office) at the provinces or cities directly under the Central Government where the foreign organization has its headquarters or will carry out activities, programs, or projects., Law No. 42/2024/QH15 supplemented certain provisions of the Law on Government Organizationand the Law on Local Administrationdated June 22, 2019;Pursuant to the Higher Education Law dated June 18, 2012amended and supplemented by certain provisions of the Higher Education Law dated November 19, 2018;11Pursuant to the Law on Science and Technology dated June 18, 2013;

Pursuant to the Intellectual Property Law dated November 29, 2005; Law CLASS MONOCOTYLEDONamended and supplemented by certain provisions of the Intellectual Property Law dated June 19, 2009 đamended and supplemented by certain provisions of the Insurance Business Law and the Intellectual Property Law dated June 14, 2019 and the Law

amended and supplemented by certain provisions of the Intellectual Property Law dated June 16, 2022;

The Government issues this Decree regulating scientific and technological activities in higher education institutions.; Law CLASS MONOCOTYLEDON1. This Decree regulates the organization and management of scientific and technological activities in higher education institutions; research groups and strong research groups in higher education institutions; scientific, technological, and innovation activities in higher education institutions; development of scientific and technological potential in higher education institutions; responsibilities of agencies, organizations, and individuals related to scientific and technological activities in higher education institutions.; Law CLASS MONOCOTYLEDON2. This Decree applies to higher education institutions and organizations and individuals involved in scientific and technological activities in higher education institutions. CLASS MONOCOTYLEDON1. Scientific and technological potential includes scientific and technological human resources, intellectual property, material infrastructure, information, and financial resources for implementing scientific and technological activities.

At the proposal of the Minister of Education and Training;

2. Scientific and technological activities in higher education institutions include scientific research, experimental research and development, application of technology, science and technology services, promotion of initiatives, and other creative activities aimed at developing science and technology in conjunction with training high-level human resources, contributing to the country's economic and social development. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

3. Strong research groups in higher education institutions consist of a group of scientists led by a reputable scientist with high expertise and professional qualifications at the higher education institution, who develops interdisciplinary, long-term, pioneering, and breakthrough research directions; with specific goals, plans, and research contents in each phase to create products with high scientific and practical value, linked to doctoral training and post-doctoral research.

4. Innovation activities in higher education institutions involve creating, applying achievements, technical solutions, technological solutions, and management solutions from higher education institutions to enhance productivity, quality, and value of products and goods, contributing to improving the effectiveness of economic and social development.

Article 2. Interpretation of Terms

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

ORGANIZATION AND MANAGEMENT OF SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES IN HIGHER EDUCATION INSTITUTIONS

Article 3. Content and Plan of Scientific and Technological Activities in Higher Education Institutions

1. The content of scientific and technological activities in higher education institutions includes:

a) Scientific and technological tasks at various levels, including programs, topics, experimental production projects, and other scientific and technological tasks;

Chapter II

b) Intellectual property; application and transfer, commercialization of research results and technological development; science and technology services; production and business;

c) Training and upgrading the capacity of managers and lecturers in scientific research;

d) Investment development projects, research capacity enhancement projects, key laboratories, inter-disciplinary and specialized laboratories, journal upgrade projects, equipment repair, purchase, maintenance, library digitization, and information infrastructure;

đ) Scientific research of students and learners enrolled in master's degree programs, doctoral candidates (hereinafter collectively referred to as learners), researchers, and staff members in public higher education institutions, and full-time faculty members in private higher education institutions (hereinafter collectively referred to as lecturers);

e) Domestic and international scientific and technological cooperation;

g) Information and statistics on science and technology; standards, measurements, and quality;

h) Building an ecosystem for innovation and entrepreneurship for lecturers, learners, and related organizations and individuals; establishing and promoting the activities of innovation and technology transfer centers;

i) Financial support for scientific and technological activities;

k) Other relevant scientific and technological activities.

2. Higher education institutions shall develop long-term and annual scientific and technological plans based on the content of scientific and technological activities stipulated in Clause 1 of this Article and in accordance with their strategic development plans; national scientific and technological development objectives, plans, and strategies of ministries, ministerial-level agencies, government agencies, provincial and centrally-administered city authorities; needs for cooperation with businesses and international cooperation to promote scientific, technological, and innovation activities.

g) Information and statistics on science and technology; standards, measurement, quality;

h) Building an ecosystem for innovation and entrepreneurship for lecturers, students, related organizations and individuals; establishing and promoting the activities of innovation and technology transfer centers;

i) Financial resources for science and technology activities;

k) Other relevant science and technology activities;

2. Universities shall develop long-term and annual science and technology plans according to the contents of science and technology under Clause 1 of this Article and based on the development strategy of the unit; national science and technology development goals, plans, and strategies of ministries, ministerial-level agencies, government agencies, provincial-level cities directly under the central government; cooperation needs with businesses and international cooperation to enhance scientific, technological, and innovative activities.

Article 4. Management of scientific and technological activities in higher education institutions

1. Higher education institutions shall promulgate and implement regulations on managing scientific and technological activities based on the following principles:

a) Scientific and technological activities together with training activities are the main tasks of higher education institutions aimed at improving the quality of high-level human resource training, contributing to promoting the development of science, technology, and the national economy and society;

b) Clearly define the roles, rights, and responsibilities of units, lecturers, and students within higher education institutions regarding scientific and technological activities;

c) The results and effectiveness of scientific and technological activities of units under and affiliated with, lecturers, and students in higher education institutions serve as grounds for assessing performance outcomes, ranking competition results, and resolving related policies and systems.

2. Higher education institutions shall have a unit managing scientific and technological activities within their organizational structure as prescribed. Higher education institutions shall stipulate the functions and tasks of the unit managing scientific and technological activities.

3. The unit managing scientific and technological activities in higher education institutions shall include part-time lecturers, dedicated staff, and part-time experts from affiliated units to advise on implementing scientific and technological tasks of the unit.

Article 5. Scientific and Technological Organizations in Higher Education Institutions

1. Higher education institutions shall stipulate the organization and operation of affiliated scientific and technological organizations in their regulations on organization and operation; decide on establishment, merger, division, and dissolution of scientific and technological organizations according to regulations.

2. Based on operational effectiveness and development orientation, higher education institutions shall decide on converting affiliated scientific and technological organizations meeting conditions into enterprises according to regulations.

Article 6. Scientific and Technological Enterprises in Higher Education Institutions

1. Higher education institutions may establish enterprises in accordance with enterprise laws, consistent with the development orientation of higher education institutions. Scientific and technological enterprises within higher education institutions meeting conditions shall be registered and certified as such.

2. Public higher education institutions may contribute intellectual property assets resulting from scientific and technological tasks funded by state budget, which have been assigned by competent authorities for management and use, to joint ventures and collaborations if they meet conditions stipulated by laws on science and technology, asset management and utilization, intellectual property, enterprise, and other relevant laws.

3. Public higher education institutions shall be granted usage rights through asset increase, while private higher education institutions shall be granted ownership rights and must repay the value of assets resulting from scientific and technological tasks formed from state-budget-funded scientific and technological tasks according to laws on intellectual property and asset management and utilization. Commercialization and registration for certification as scientific and technological enterprises shall be carried out in accordance with laws.

4. The above provisions shall not apply to cases where scientific and technological outcomes fall within the scope of state secrets.

Chapter III

RESEARCH GROUPS AND STRONG RESEARCH GROUPS

IN HIGHER EDUCATION INSTITUTIONS

Article 7. Research groups and strong research groups in higher education institutions

1. Higher education institutions shall establish various types of research groups and strong research groups based on needs, potential, and development strategies.

2. Higher education institutions shall develop and implement support and preferential policies for research groups and strong research groups from their own resources and other legitimate sources.

3. Higher education institutions shall recognize various types of research groups according to needs. Strong research groups within higher education institutions shall be recognized by the main organizing body in accordance with Articles 8 and 9 of this Decree.

4. The main organizing body of strong research groups is a higher education institution with a group leader who is a permanent staff member.

Article 8. Conditions for establishment and criteria for recognition of strong research groups in higher education institutions

Strong research groups in higher education institutions shall be established and recognized based on the following conditions and criteria:

1. Human resources participating in strong research groups in higher education institutions include:

a) Domestic and foreign scientists with reputation in the research direction of the strong research group, participating in the form of collaborating members or appropriate cooperation forms;

b) Lecturers, researchers, and students from the higher education institution, research institutes, and related organizations and individuals who share the same research direction.

2. Strong research groups in higher education institutions shall be formed and developed based on existing and active research groups that have been selected, recognized, and supported by the higher education institution regarding mechanisms and resources for development.

3. Strong research groups in higher education institutions shall consist of a group leader, at least five key members, and unlimited additional members. Members of strong research groups must meet the standards stipulated in Article 9 of this Decree and not violate any prohibited acts under laws on science and technology, not currently undergoing disciplinary action of reprimand or higher, or serving a criminal sentence.

4. The higher education institution, which is the main organizing body of strong research groups, shall have physical facilities and laboratories suitable for the main research direction of the strong research group; engage in research collaboration with foreign organizations and individuals; successfully cooperate with businesses or other higher education institutions and research institutes in scientific research and technology transfer.

5. Strong research groups in higher education institutions shall have a stable development plan with a team of human resources of appropriate qualifications and age; a plan to increase the quantity and quality of scientific and technological products over a five-year period; activities of strong research groups need to be closely linked to departmental and laboratory activities at the main organizing body and closely collaborate with domestic and foreign organizations and businesses.

6. Strong research groups in higher education institutions shall have research directions that can approach advanced, modern, breakthrough, interdisciplinary research areas; provide a research direction explanation and a five-year development plan; products of the first five-year research mission shall meet the following criteria:

a) Stably publish at least ten articles annually in scientific journals in the Web of Science (WoS) database for natural sciences and engineering technology fields, and at least ten articles in scientific journals in the WoS and Scopus databases for social sciences and humanities fields; improve the quality of articles through publication in international journals with high impact factors and citation indexes;

b) Publish at least one monograph or two books and textbooks;

c) Train at least five doctoral candidates during the five-year implementation period;

d) Receive on average at least one patent or two utility model patents or two plant variety protection certificates each year with wide-ranging influence in society;

đ) Transfer at least five production technologies or commercialize at least five scientific and technological products into practical applications serving the community or have one national scientific and technological product recognized during the five-year implementation period.

Article 9. Criteria for the Head and Members of Strong Research Groups in Higher Education Institutions

1. The head of the group is a full-time lecturer at a higher education institution who simultaneously meets the following criteria:

a) Has led one national-level scientific and technological task or two ministry-level or provincial-level scientific and technological tasks that have been accepted with satisfactory results or better within the last five years;

b) Is the author of one monograph or two books or university teaching materials;

c) Has a personal scientific citation index (H-index) of 10 or more (based on the Scopus database);

d) Is the main author of at least ten publications in journals indexed in the Web of Science database, or is the author of at least two patents or five utility models, or two plant variety protection certificates, or is the author of a scientific and technological work that has won first prize in a ministry-level or provincial-level award or the Ho Chi Minh Prize or State Prize for Science and Technology;

đ) Has successfully guided at least two doctoral students;

e) Has experience collaborating with domestic and foreign organizations in implementing scientific and technological activities, pilot production, or successfully commercializing scientific and technological products in central cities and abroad;

g) Is in good health according to labor law regulations and has sufficient age to continue specialized work for at least five years until reaching the retirement age stipulated by labor law to complete research objectives.

2. Co-heads are invited foreign scientists with academic reputation, responsible for academic content, having research directions compatible with those of the head, while meeting the criteria set out in points c, d, and đ of Clause 1 of this Article or having won reputable international awards in their field of research.

3. The head may be specially recognized if they are a leading scientist recognized under regulations on utilizing and valuing individuals engaged in scientific and technological activities or have won reputable international awards in their field of research and meet the requirements set out in point g of Clause 1 of this Article.

4. Key members are lecturers from higher education institutions or researchers from domestic research institutes who simultaneously meet the following criteria:

a) Have research directions compatible with the research direction of the strong research group in the higher education institution and commit to registering to join the strong research group;

b) Have led one ministry-level or provincial-level scientific and technological task that has been accepted with satisfactory results or better within the last five years;

c) Have a personal scientific citation index (H-index) of 5 or more (based on the Scopus database);

d) Are the author of one chapter in a monograph or one university teaching book;

đ) Are the main author of at least five publications in journals indexed in the Web of Science database, or are the author of at least one patent or two utility models, or two plant variety protection certificates, or are the author of a scientific and technological work that has won third prize or higher in a ministry-level or provincial-level award or the Ho Chi Minh Prize or State Prize for Science and Technology;

e) Have successfully guided at least one doctoral student;

g) Have experience collaborating in research implementation, pilot production creating scientific products applied to serve the community and have at least one research collaboration with a domestic or foreign research group.

5. Key members are invited foreign scientists who fully meet the criteria set out in points a, c, đ, and e of Clause 4 of this Article or are scientists from businesses or other organizations who fully meet the criteria set out in points a, c, đ, and g of Clause 4 of this Article.

6. Key members may be specially recognized if they are leading scientists, talented young scientists recognized under regulations on utilizing and valuing individuals engaged in scientific and technological activities or have won reputable international awards in their field of research.

7. Other members are lecturers, researchers, and students from domestic and foreign higher education institutions and research institutes who simultaneously meet the following criteria:

a) Have research directions compatible with the research direction of the strong research group in the higher education institution and commit to registering to join the strong research group;

b) Have published joint scientific works with the head or key members in international scientific journals or reputable domestic scientific journals.

8. Members from businesses or other organizations need to fully meet the criteria set out in point g of Clause 4 and point a of Clause 7 of this Article.

Article 10. Preferential policies for strong research groups in higher education institutions

1. Strong research groups in higher education institutions shall enjoy preferential treatment from the State as follows:

a) Priority consideration for commissioning to carry out national-level scientific and technological tasks;

b) Priority in proposing the allocation of investment capital for projects to develop material infrastructure and laboratories for scientific research and technology transfer activities according to the research field of the strong research group in accordance with the laws on public investment;

c) Priority in sending members to participate in post-doctoral research programs to perform research tasks at domestic and foreign training institutions and research centers; being sent abroad for internships and limited-term work to perform research tasks at foreign organizations for science and technology under programs and projects approved by competent state authorities;

d) Financial support for publishing research results in reputable international scientific journals, registering intellectual property rights for inventions or useful solutions or plant varieties both domestically and internationally, and publishing high-value scientific works in terms of both theory and practice under programs or projects approved by competent state authorities;

đ) Financial support for attending specialized conferences and seminars both domestically and internationally under programs and projects approved by competent state authorities;

e) Consideration for support in using national key laboratories and other laboratories to carry out scientific and technological activities;

g) Facilitation by public libraries and organizations for scientific and technological information to access information and databases on science and technology to perform research tasks;

The contents supported and funded at points c, d, and đ of this clause shall not overlap with other support and funding contents from the state budget;

2. Strong research groups in higher education institutions shall enjoy preferential treatment from higher education institutions as follows:

a) Provision of regular activity funds, office space, and necessary office equipment for the strong research group in the higher education institution to operate; assistance in seeking external investments outside the state budget to build material infrastructure and laboratories, and direct management and use of such facilities from obtained sources for research activities; financial support according to the capacity of the higher education institution to complete approved research tasks;

b) The head of the group and key members who are full-time lecturers of the organization hosting the strong research group in the higher education institution shall have their annual standard teaching hours reduced by 50%;

Article 11. Responsibilities and rights of the host organization, group leader, and group members of strong research groups in higher education institutions

1. Responsibilities and rights of the host organization of strong research groups in higher education institutions

a) Guide and support full-time lecturers meeting the conditions for leading strong research groups in higher education institutions as stipulated in Clause 1, Article 9 of this Decree to assemble domestic and foreign human resources to develop research orientation descriptions and five-year development plans;

b) Issue preferential regulations to develop strong research groups in higher education institutions, including income and teaching hour preferences for group members, and incorporate these into financial regulations and internal expenditure rules ensuring compliance and public disclosure;

c) Prepare annual budget estimates for submission to competent authorities for approval and allocation of funds to implement preferential policies for strong research groups in higher education institutions as prescribed;

d) Prepare reports on the activities of strong research groups and submit them to superior management agencies annually;

2. Responsibilities and rights of the group leader

a) Develop research orientation descriptions and five-year development plans for submission to the host organization for approval;

b) Prepare application documents for the host organization to recognize strong research groups in higher education institutions;

c) Assemble domestic and foreign teams within related professional fields to collaborate with members of the strong research group in higher education institutions to implement approved research orientation descriptions and five-year development plans; assign specific tasks to each member to advance research activities linked to doctoral training, maintain stability, and increase the quantity and quality of annual scientific and technological products;

d) Efficiently utilize material infrastructure and equipment provided by the host organization of the strong research group in higher education institutions and cooperating organizations and enterprises to fulfill research tasks; use allocated funds in accordance with regulations to achieve committed outcomes in research orientation descriptions and five-year development plans; be responsible for reporting to the host organization of the strong research group in higher education institutions and relevant management agencies;

đ) Report on the activities of the strong research group to the host organization annually;

e) Independently attract experts, doctoral students, and interns to participate in the research tasks of the strong research group in higher education institutions; recruit members to join the strong research group in higher education institutions; allocate and distribute resources within the strong research group in higher education institutions;

g) Propose new research directions and new training programs to the host organization, ministries, sectors, and related agencies; develop scientific and technological products of the strong research group in higher education institutions;

h) Enjoy policies to encourage and support equivalent to those for leading scientists in higher education institutions as stipulated in the regulations on the utilization and promotion of individuals engaged in science and technology activities.

3. Responsibilities and rights of members

a) Participate actively in performing tasks assigned by the group leader and be individually responsible to the group leader for the effectiveness of the assigned work; actively participate in scientific and technological activities of the domestic and international scientific community;

b) Propose new research and training directions to the group leader; be encouraged to identify and introduce outstanding experts, scientists, doctoral candidates, interns, students, and trainees to join strong research groups in higher education institutions;

c) Key members are prioritized to participate in post-doctoral research programs at foreign educational and research institutions; are prioritized to be sent for internships and temporary work at foreign organizations for scientific and technological activities to implement the research tasks of strong research groups in higher education institutions according to programs and projects approved by competent state authorities;

d) Members of strong research groups in higher education institutions who are lecturers or commit to becoming lecturers are prioritized to receive funding for training doctoral candidates according to doctoral training programs approved by competent state authorities in accordance with regulations;

đ) Co-leaders and key members who are foreign scientists enjoy incentives as stipulated in regulations regarding attracting Vietnamese individuals engaged in scientific and technological activities residing abroad and foreign experts participating in scientific and technological activities in Vietnam.

Article 12. Funding for implementing preferential policies for strong research groups in higher education institutions

1. Funding for implementing preferential policies for strong research groups in higher education institutions is allocated from the state budget for science and technology, education and training, development investment funds, and other legitimate sources in accordance with laws on state budget, laws on science and technology, laws on public investment, and related regulations.

2. Higher education institutions are supported from the state budget for science and technology to implement preferential policies for strong research groups in higher education institutions for scientific and technological tasks commissioned by the state as prescribed. Funding for implementing preferential policies from the state budget for science and technology for strong research groups in higher education institutions may be provided from the National Science and Technology Development Fund or the provincial and centrally-administered city Science and Technology Development Fund, or other legitimate sources (if any) as prescribed.

3. The superior authority managing the state budget of higher education institutions compiles the budget estimate for implementing preferential policies for strong research groups in higher education institutions based on the budget estimates prepared and submitted by higher education institutions to the Ministry of Science and Technology, the Ministry of Finance, and the Ministry of Planning and Investment in accordance with laws on the state budget.

Chapter IV

SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES AND INNOVATION

IN HIGHER EDUCATION INSTITUTIONS

Article 13. Intellectual Property Activities in Higher Education Institutions

1. Higher education institutions shall develop plans to implement intellectual property activities, issue regulations on exploiting intellectual property assets that have been protected by the State, and use other legally obtained intellectual property assets of higher education institutions, including:

a) In cases where intellectual property assets are the result of scientific and technological tasks funded by state budget funds, the transfer of ownership rights to higher education institutions and the repayment of value shall be carried out in accordance with the laws on intellectual property and laws on the management and use of public assets;

b) In cases where intellectual property assets are formed from scientific and technological tasks with contributions from sponsors, higher education institutions shall negotiate with sponsors regarding the transfer of ownership or co-ownership of research results and sharing profits from business operations when research results are applied.

2. Higher education institutions shall be responsible for filing applications to register protection for inventions, utility models, industrial designs, and other intellectual property assets created from the institution's budget and from the state budget for which the institution is assigned the main responsibility for scientific and technological tasks in accordance with the provisions.

Article 14. Scientific Research Activities of Lecturers and Students in Higher Education Institutions

1. Lecturers and doctoral students shall be provided opportunities to participate or serve as principal investigators for scientific and technological tasks at various levels and scientific and technological activities of higher education institutions.

2. Students shall be provided opportunities to participate in implementing scientific and technological tasks at various levels and scientific and technological activities of higher education institutions.

3. Undergraduate students shall be provided opportunities to participate in scientific research and scientific and technological activities within higher education institutions.

4. Higher education institutions shall guide and prioritize ensuring resources for student scientific research activities; stipulate funding levels for undergraduate student scientific research activities, provide scholarship support and research funding for students and doctoral candidates; create favorable conditions in terms of time to attract students and students to participate in scientific research.

5. Higher education institutions shall stipulate the number of hours for lecturers to supervise undergraduate student research projects; stipulate preferential treatment for lecturers who supervise undergraduate student research projects that win awards at various levels.

6. Higher education institutions shall stipulate reward and preferential treatment systems for lecturers and forms of rewards and scholarships for students who achieve outstanding results in scientific, technological, and innovation activities.

Article 15. Technology Transfer Activities in Higher Education Institutions

1. Higher education institutions shall strengthen the dissemination of research results, introduce scientific achievements and technological advancements, create favorable conditions for groups and individuals to apply and transfer research results to practical life and business operations, while implementing scientific and technological services within higher education institutions.

2. Higher education institutions shall encourage subordinate units and lecturers and students to carry out technology transfer projects, guide legal procedures, sign contracts, and register technology transfer contracts.

3. Higher education institutions may transfer technology to domestic and foreign enterprises and organizations in accordance with regulations, except for scientific and technological results within the scope of state secrets.

Article 16. Cooperation in science and technology between higher education institutions and businesses outside such institutions

Clause 1. Higher education institutions shall proactively understand the technological innovation and product renewal needs of businesses in relevant fields, connect to cooperate in research to address business needs, agree and sign cooperation documents with businesses.

Clause 2. Public higher education institutions may cooperate with businesses to invest in building joint research laboratories, small and medium-sized enterprise incubation bases, technical support bases for small and medium-sized enterprises, and shared workspaces within higher education institutions in accordance with laws on state asset management and utilization, public investment, and related regulations; participate in signing consulting, appraisal, and inspection contracts regarding new production projects, technology imports, and technological innovation of businesses according to agreements.

Clause 3. Higher education institutions may accept financial or equipment sponsorship from businesses for scientific and technological activities and exploitation in accordance with laws on sponsorship and aid; contribute intellectual property assets to joint ventures and collaborations with businesses outside higher education institutions in accordance with laws on intellectual property rights and state asset management and utilization, and share profits from such joint ventures and collaborations as stipulated. Businesses may share intellectual property rights when receiving technology transfers from higher education institutions in accordance with laws on intellectual property rights and technology transfer.

Clause 4. Higher education institutions shall base their calculation of research hours for lecturers participating in scientific and technological activities at businesses cooperating with them on regulations concerning faculty research.

Clause 5. Businesses may use their science and technology development funds to pay salaries, hire experts who are lecturers or students from higher education institutions to carry out business scientific and technological activities; fund cooperative scientific and technological research with higher education institutions to resolve specific scientific issues in areas of science and technology encouraged and prioritized by the State or in sectors of science and technology that provide competitive advantages to businesses; fund common research tasks or commissioned scientific research and technology transfer projects for higher education institutions; fund training and capacity building for scientific and technological personnel for businesses at higher education institutions through short-term, long-term, internship, and work programs. The use of business science and technology development funds for these purposes shall be carried out in accordance with the management and operation rules of the fund, laws on science and technology, and other relevant regulations.

Clause 6. Businesses may invest in building joint research laboratories, small and medium-sized enterprise incubation bases, technical support bases for small and medium-sized enterprises, and shared workspaces within higher education institutions to collaborate in researching, improving, and developing technologies, applying and testing new products to develop business technology in accordance with the management and operation rules of the business science and technology development fund, laws on science and technology, and other relevant regulations.

Clause 7. It is encouraged for technically qualified staff and managers of businesses to participate in scientific and technological activities and specialized subject teaching and professional skill training, guiding research, practice, and internships at higher education institutions; it is encouraged for lecturers of higher education institutions to participate in scientific and technological activities at businesses.

8. Encourage technical and management staff of enterprises with appropriate qualifications to participate in science, technology, and training activities, teaching specialized subjects and professional skills, guiding research, practice, and internships at universities; encourage university lecturers to participate in science and technology activities at enterprises.

Article 17. Entrepreneurial and Innovative Ecosystems in Higher Education Institutions

1. Higher education institutions shall promulgate regulations to support entrepreneurship and innovation for lecturers and students, develop and foster an entrepreneurial and innovative culture within higher education institutions.

2. Higher education institutions shall establish and develop innovation centers, startup networks, and innovation networks of their own units, coordinate with other higher education institutions to develop startup and innovation networks.

3. Higher education institutions shall build incubation programs and training programs on entrepreneurship and innovation for lecturers and students; form and develop startups and innovative enterprises from entrepreneurial and innovative ideas and research results of lecturers and students.

4. Higher education institutions shall support the establishment and registration of science and technology enterprises to commercialize intellectual property rights protected by the State, thereby developing markets and mobilizing capital from the market, accessing preferential sources of funding for science and technology enterprises provided by the State.

5. Higher education institutions holding exclusive patents and utility models protected by the State may establish enterprises and register science and technology enterprises to exploit, perfect, and commercialize products in accordance with regulations; promulgate and implement regulations on transferring science and technology enterprises to organizations and individuals outside higher education institutions to secure financial resources for reinvestment in research activities and enhance scientific and technological capacity for higher education institutions in accordance with laws on science and technology, intellectual property, management and use of state-owned capital invested in production and business at enterprises, management and use of public assets, and other relevant laws.

6. Higher education institutions may collaborate with organizations and individuals to establish development funds for science and technology of higher education institutions in accordance with regulations to form and develop innovation centers, small and medium-sized enterprise incubation bases, technical support bases for small and medium-sized enterprises, shared workspaces; develop startup and innovation networks, expert and advisor networks, advisory organizations supporting training and business promotion, venture capital support funds; connect with national startup and innovation networks in accordance with regulations.

Article 18. International Cooperation in Science and Technology in Higher Education Institutions

1. Higher education institutions are encouraged to strengthen cooperation with foreign organizations and individuals in science and technology in accordance with bilateral agreements on science and technology cooperation between the Government of Vietnam and the Government of foreign countries, or cooperation agreements between higher education institutions and foreign organizations and individuals in compliance with the law.

2. Higher education institutions shall select reputable and experienced foreign partners to cooperate in research, conduct scientific and technological activities and innovation, bear responsibility for the content and scope of cooperation, ensure political security and national secrets; invite or hire foreign experts to participate in research and advanced training; provide partial scholarships for lecturers and students, foster academic exchanges abroad, or provide remuneration for foreign experts from the institution's science and technology development fund.

3. Higher education institutions may cooperate in building laboratories jointly with foreign partners linked to the implementation of international cooperative programs and projects on scientific research and technological development in accordance with regulations.

4. Higher education institutions shall intensify international cooperation in publishing scientific papers in reputable journals; promote the quality of the institution's scientific journals to meet regional and global standards; organize or participate in organizing international scientific conferences and seminars in certain fields of strength and invite foreign scientists to co-chair; organize professional and reputable international review networks, publish proceedings and other scientific publications according to international standards.

5. Higher education institutions may invite experts and sign contracts with reputable scientists and foreign doctoral candidates to collaborate, work, and carry out scientific research and doctoral training activities at the unit; send staff members, lecturers, doctoral candidates, and members of strong research teams abroad for study and research.

6. Higher education institutions may use funds for implementing science and technology tasks to sign professional contracts with foreign experts; receive financial or equipment sponsorship from foreign partners for scientific and technological activities and use them in accordance with agreements with partners in accordance with regulations.

7. Higher education institutions shall create conditions and collaborate with staff and lecturers to sign professional contracts and join research groups of foreign scientific and technological organizations; be responsible for dispatching and managing staff and lecturers participating in cooperative and research activities with foreign countries in accordance with regulations.

Article 19. Scientific and technological information activities in higher education institutions

1. Higher education institutions shall develop programs and plans for scientific and technological information activities, enhance the upgrading of scientific journals towards digital transformation; establish and develop sources of scientific and technological information; exploit and utilize scientific and technological information; disseminate and exchange sources of scientific and technological information; implement scientific and technological information operations.

2. Higher education institutions shall build and develop information infrastructure, participate in building, updating, and exploiting the national database on science and technology; construct, manage, connect, and share other databases on science and technology to ensure integration, exchange, and sharing of data in a synchronized and unified manner; establish and implement scientific and technological information networks; apply information technology and communication technologies, advanced technical means in scientific and technological information and statistical activities and innovation; build websites and electronic portals on science and technology; build electronic libraries and digital libraries; retain and publish the results of scientific and technological activities of higher education institutions.

3. Encourage higher education institutions to develop open educational science, adopt preferential policies for lecturers participating in developing open educational resources, massive open online courses, and converting basic research results funded by the state budget into open educational resources.

Article 20. Academic Integrity in Higher Education Institutions

1. Higher education institutions shall promulgate a code of conduct on academic integrity in scientific and technological activities and innovation, ensuring principles of honesty, responsibility, fairness, transparency in accordance with practical conditions and international practices.

2. Higher education institutions shall promulgate internal regulations, tools to control, and measures to handle violations to prevent plagiarism, fraud, and fabrication in scientific and technological activities and innovation.

Chapter V

INVESTMENT AND DEVELOPMENT OF SCIENTIFIC AND TECHNOLOGICAL POTENTIAL

IN HIGHER EDUCATION INSTITUTIONS

Article 21. Investment in Physical Infrastructure for Scientific and Technological Activities in Higher Education Institutions

1. Investment in physical infrastructure for scientific and technological activities in higher education institutions includes the following contents:

a) Building centralized laboratories, modern and integrated specialized and interdisciplinary laboratories; developing information infrastructure and databases on science and technology to support scientific research activities;

b) Establishing innovation centers, small and medium-sized enterprise incubation bases, small and medium-sized enterprise technical support bases, shared workspaces supporting innovative startups, and shared workspaces within the innovation ecosystem of higher education institutions;

c) Digitizing libraries in higher education institutions to exploit domestic and foreign scientific and technological information databases;

d) Purchasing scientific and technological information databases, intellectual property assets; purchasing technology, supporting technology transfer and import from abroad according to regulations;

đ) Other contents as prescribed.

2. The State prioritizes investment in physical infrastructure for scientific and technological activities for public higher education institutions that meet one of the following conditions:

a) Being a research-oriented higher education institution; a higher education institution oriented towards application with many achievements in scientific research and technology transfer; a higher education institution with a recognized strong research group under this Decree; a leading higher education institution in applying information technology, digital transformation, and priority areas of Industry 4.0;

b) Being a higher education institution with a shared interdisciplinary and inter-university key laboratory effectively connected and aligned with the practical capabilities of the unit; a higher education institution applying science and technology to create new products with high commercialization potential or having departmental laboratories enhanced for fundamental research to serve teacher training;

c) Being a higher education institution with significant influence on regional and local development, possessing sufficient capacity and infrastructure in science and technology to address issues related to regional economic and social development or playing a crucial role in training human resources, researching, and transferring technology to serve regional economic and social development;

d) Being a higher education institution assigned to train and conduct scientific research in fields prioritized by the State or having research tasks related to national products.

Article 22. Science and Technology Development Fund of Higher Education Institutions

1. Higher education institutions shall establish a science and technology development fund.

2. The science and technology development fund of higher education institutions shall be formed from the following sources:

a) Fees extracted from tuition revenue;

b) Voluntary contributions, sponsorships, donations, and gifts from alumni or organizations and individuals within and outside the country;

c) Other legitimate sources of income.

3. The science and technology development fund of higher education institutions shall be allocated for the following purposes:

a) Implementing scientific and technological tasks at all levels without using state budget funds; corresponding to scientific and technological tasks from the ministry level and above that use state budget funds;

b) Supporting various types of research groups, faculty members publishing research results, registering intellectual property rights, attending domestic and international scientific conferences and seminars, purchasing scientific materials; purchasing copyrights, scientific and technological databases; purchasing ownership and usage rights of technology; inviting experts to attend conferences and seminars; supporting remuneration for contracts signed with experts for specialized work; supporting training and capacity building activities for scientific and technological human resources; supporting start-up groups of students and faculty members;

c) Awarding incentives to full-time faculty members and students who achieve high accomplishments in scientific research and technology transfer, winning domestic and international scientific and technological awards;

d) Awarding at least the lowest average salary level across regions in the business sector (hereinafter referred to as the average salary) to the main author of an article published in a scientific journal included in the Web of Science database; awarding at least five times the average salary to the inventor of one invention patent and at least three times the average salary to the inventor of one utility model or one plant variety; awarding the main author of an article published in a journal listed in the Scopus database with an amount determined by the higher education institution;

đ) Equipping physical and technical infrastructure, repairing, purchasing, and maintaining equipment and working tools, enhancing research capabilities to develop science and technology;

e) Funding student and young faculty member scientific research activities; providing scholarships for graduate students and research fellows;

g) Funding the implementation of preferential policies for strong research teams in higher education institutions as stipulated in Clause 2, Article 10 of this Decree;

h) Carrying out scientific and technological activities funded and commissioned by organizations and individuals according to agreements with sponsors;

i) Implementing investment activities and corresponding capital investments for innovative and creative start-ups;

k) Hiring domestic and foreign organizations and individuals to advise and manage the science and technology development fund's investment activities; implementing technology incubation, scientific and technological enterprise incubation, and commercialization of scientific research results and technological development;

l) Carrying out other scientific, technological, and innovation activities of higher education institutions;

4. Higher education institutions shall promulgate regulations on the organization and operation of the science and technology development fund and shall be responsible for managing and utilizing the fund in accordance with its established purpose.

Article 23. Financial Resources for Scientific and Technological Activities in Higher Education Institutions

1. Financial resources for scientific and technological activities in higher education institutions include:

a) State budget funds from sources of science and technology affairs, educational and training affairs, investment development for science and technology, and other sources as prescribed by law;

b) Legal revenue outside the state budget of higher education institutions, including revenue from public service activities, revenue from other service activities supporting training activities, business operations, community services, financial investments (if any), and other revenues as prescribed by law;

c) Sponsorship, aid, donations, and gifts from alumni or organizations and individuals both domestically and internationally for scientific and technological activities.

2. Expenditure from the state budget for developing scientific and technological potential in public higher education institutions includes the following contents:

a) From sources of science and technology affairs: Funding research tasks in science and technology, preferential policies for strong research groups in higher education institutions as stipulated in Article 10 of this Decree under the State Budget Law; supporting publication fees for articles in reputable international scientific journals; registering patents and utility models; supporting commercialization of research results and technological development outcomes, nurturing and innovating technology; supporting the development and improvement of quality of scientific journals to join regional and international citation systems; expenditure for projects to enhance research capacity, maintenance, repair, and renovation of technical infrastructure and equipment; purchasing domestic and foreign scientific and technological information databases; awarding bonuses at the lowest average salary level for valuable scientific publications, three times the average salary for each patent, twice the average salary for each utility model or new plant variety; expenditure for training and personnel development in science and technology and other scientific and technological activities as prescribed;

b) From sources of investment development for science and technology: Expenditure for centralized laboratory investment projects, specialized laboratories, interdisciplinary laboratories, projects to enhance research capacity, digital library projects within higher education institutions, and other science and technology development investment projects;

c) From sources of educational and training affairs: Granting scholarships, tuition fees, and expenses for doctoral students who are lecturers or committed to be lecturers under national training programs for doctoral degrees as prescribed;

d) From other sources of affairs: Investment contents for science and technology that can be arranged in accordance with the State Budget Law, Public Investment Law, and other relevant regulations.

The funding and support contents shall not overlap with other funding and support from the state budget.

3. Expenditure from the state budget for developing scientific and technological potential in private higher education institutions includes the following contents:

a) From sources of science and technology affairs: Funding research tasks in science and technology ordered by the State; supporting training and personnel development in science and technology, encouraging other scientific and technological activities according to State programs or projects;

b) From sources of educational and training affairs: Granting scholarships, tuition fees, and expenses for doctoral students who are lecturers or committed to be lecturers under national training programs for doctoral degrees for private higher education institutions as prescribed.

The funding and support contents prescribed in point c Clause 2 and point b Clause 3 of this Article shall not overlap with existing or ongoing funding and support using science and technology affairs funds, educational and training affairs funds, or other State funds.

4. Expenditure from the science and technology development fund of higher education institutions for the contents specified in Clause 3 of Article 22 of this Decree.

5. Higher education institutions shall issue regulations on financial resources for scientific and technological activities in higher education institutions in their financial regulations and internal expenditure rules according to university autonomy levels, ensuring compliance with the State Budget Law, Science and Technology Law, Public Investment Law, Education Law, Higher Education Law, and making them publicly available.

Article 24. Management, use, and settlement of funds for implementing scientific and technological tasks in higher education institutions

1. Funds for implementing scientific and technological tasks in higher education institutions are allocated from the state budget, partially from the state budget, or not using the state budget at all.

2. Scientific and technological tasks utilizing the state budget

a) For scientific and technological tasks utilizing the state budget, the preparation of the budget estimate, financial management, asset management of the scientific and technological task, and procedures for settling accounts and liquidating scientific and technological contracts shall be carried out in accordance with the laws on the state budget, science and technology, public asset management, and related regulations;

b) Scientific and technological tasks shall be implemented through cost allocation to the final product or partial cost allocation according to the provisions;

c) For scientific and technological tasks that utilize part of the funding outside the state budget, the higher education institution must clearly define the use of funds from the state budget and outside the state budget to apply appropriate regulations.

The process of preparing the budget estimate and settling accounts for funds from the state budget shall be applied in accordance with the provisions of point a of this clause; the process of preparing the budget estimate and settling accounts for funds outside the state budget shall be applied in accordance with the provisions of point b of Clause 3 of this Article.

3. Scientific and technological tasks not utilizing the state budget

a) Higher education institutions may register to implement scientific and technological tasks at various levels from the science and technology development fund or other legitimate sources of the unit when meeting the criteria for the level of scientific and technological task being registered;

b) The process of preparing the budget estimate and settling accounts for scientific and technological tasks not utilizing the state budget shall be applied in accordance with the financial regulations of the higher education institution. The higher education institution is responsible for organizing the review of the budget estimate for the task; in cases where there are no economic and technical norms or expenditure standards, the higher education institution decides and bears responsibility for its decision.

4. Settlement of various sources of funds for implementing scientific and technological tasks shall be conducted separately and reported fully to the competent state management agency in accordance with the regulations.

Chapter VI

RESPONSIBILITIES OF ORGANIZATIONS, ORGANIZATIONS, AND INDIVIDUALS FOR

SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES AND INNOVATION

IN HIGHER EDUCATION INSTITUTIONS

Article 25. Responsibilities of the Ministry of Education and Training

1. Guide the proposal, formation, and development of startup support centers for innovation and creativity in higher education institutions; develop networks of experts, advisors, consultants for innovative startups, connect with the National Network of Innovative Startups.

2. Guide higher education institutions to exploit infrastructure, equipment, laboratories, testing facilities, available spaces in higher education institutions to serve the activities of startup support centers for innovation and creativity.

3. Guide, monitor, urge, and inspect the implementation of scientific and technological activities and innovation in higher education institutions within their authority.

Article 26. Responsibilities of the Ministry of Science and Technology

1. Guide preferential treatment for strong research groups in higher education institutions when ordering national-level scientific and technological tasks.

2. Guide the autonomy mechanism for scientific and technological organizations in higher education institutions.

3. Develop and implement pilot projects to support the establishment of science and technology enterprises to exploit, improve, and commercialize intellectual property rights in higher education institutions; guide higher education institutions to establish incubators for small and medium-sized enterprises, technical bases supporting small and medium-sized enterprises, shared workspaces supporting small and medium-sized enterprises in innovative startups.

Article 27. Responsibilities of the Ministry of Finance

Aggregate and submit to the competent authority the annual budget plan for regular expenditure on science and technology activities in higher education institutions as prescribed by laws on state budget.

Article 28. Responsibilities of the Ministry of Planning and Investment

Aggregate and submit to the Government and the Prime Minister the medium-term and annual investment plans to implement programs and projects on science and technology in higher education institutions approved by authorized agencies as prescribed by laws on public investment.

Article 29. Responsibilities of ministries, ministerial-level agencies, and government agencies

1. Guide, monitor, urge, and inspect the implementation of science and technology activities of subordinate higher education institutions as stipulated in this Decree.

2. Consider prioritizing approval of science and technology tasks at the ministry level for organizations led by higher education institutions as prescribed.

3. Issue policies within their authority to attract and utilize lecturers with research achievements working at subordinate higher education institutions, and policies to mobilize financial resources from enterprises to support, sponsor, and carry out science and technology activities at higher education institutions.

Article 30. Responsibilities of People's Committees of provinces and centrally governed cities

1. Guide, monitor, urge, and inspect the implementation of science and technology activities of subordinate higher education institutions as stipulated in this Decree.

2. Consider prioritizing approval of science and technology tasks at the provincial level for organizations led by higher education institutions as prescribed.

3. Submit and issue policies within their authority to attract and utilize lecturers with research achievements working at subordinate higher education institutions; policies to mobilize financial resources from enterprises in the locality to support, sponsor, and carry out science and technology activities at higher education institutions.

4. Apply the results of implementing science and technology tasks proposed and commissioned by the People's Committee of the province or centrally governed city to promote local socio-economic development and support science and technology activities of higher education institutions from local budget funds.

Article 31. Responsibilities and rights of higher education institutions

1. Issue detailed regulations on science and technology activities in higher education institutions, linking scientific research with undergraduate and postgraduate education, ensuring democracy, transparency, and accountability; be responsible for hierarchical management and the effectiveness of science and technology activities in higher education institutions.

2. Implement the mechanism of autonomy and self-responsibility in science and technology activities according to autonomous regulations; proactively develop long-term and annual science and technology plans; organize the implementation of approved science and technology tasks at all levels.

3. Develop plans and mobilize funding for science and technology activities in higher education institutions; develop infrastructure investment projects; establish science and technology organizations, businesses, and science and technology development funds. Based on potential and development strategies, form various types of research groups and recognize strong research groups in higher education institutions.

4. Create favorable working conditions, build capacity, and motivate lecturers and students; reward lecturers and students with outstanding achievements in science, technology, and innovation activities.

5. Create favorable conditions for enterprises, organizations, and individuals to invest in developing potential and encourage science, technology, and innovation activities in higher education institutions. Promote and create conditions for the formation of businesses and science and technology businesses in higher education institutions.

6. Ensure the proper, transparent, and effective use of investment capital and be accountable for investment in science, technology, and innovation activities at higher education institutions.

7. Issue regulations to develop various types of research groups and strong research groups in higher education institutions; provide preferential treatment for members of research groups and strong research groups in higher education institutions and include them in the financial regulation and internal expenditure regulation according to the degree of university autonomy, ensuring compliance with laws on state budget, science and technology, public investment, education, higher education, and making them publicly available.

8. Issue regulations and bear responsibility for academic integrity in science, technology, and innovation activities of higher education institutions.

9. Annually, higher education institutions allocate a minimum of 5% from tuition revenue; higher education institutions oriented towards research allocate a minimum of 8% from tuition revenue for science, technology, and innovation activities. Revenue allocated from tuition fees can only be used for science, technology, and innovation activities of students, full-time lecturers, and the development of scientific and technological potential of higher education institutions. Encourage higher education institutions to use legitimate income from other sources to establish a science and technology development fund. The establishment, management, and use of the science and technology development fund of higher education institutions must be regulated in the financial regulation and internal expenditure regulation of the institution according to current laws and made publicly available.

10. Be entitled to autonomously decide on signing labor contracts with foreign experts participating in science and technology activities and be responsible for reporting to the competent management agency.

11. Be entitled to autonomously decide on using infrastructure, laboratories, and equipment invested in to serve training, scientific research, the development of an innovative startup ecosystem, technology transfer, and the provision of science and technology services as prescribed.

12. Publicly funded higher education institutions that ensure regular expenditure funding themselves may autonomously use legitimate income outside the state budget to invest in projects implementing scientific research and technology transfer activities as prescribed.

13. Organize inspections, supervision, evaluation of results, handling complaints and denunciations, rewards, and penalties for scientific and technological activities within higher education institutions.

Article 32. Responsibilities and rights of enterprises, organizations, and individuals participating in scientific and technological activities within higher education institutions

1. Use funds from the enterprise's science and technology development fund to commission higher education institutions to conduct research and develop technology, promote innovation for the enterprise; invest in building shared laboratories located at higher education institutions; invest in the higher education institution’s science and technology development fund and other scientific and technological activities.

2. Commission higher education institutions to undertake research and implementation tasks related to science and technology according to the list of fields encouraged and prioritized by the State.

3. Be given priority in promoting and introducing business operations, exploiting assets formed during cooperation, and enjoying profit shares agreed upon with the higher education institution.

4. Enjoy benefits from selling science and technology products created during cooperation with higher education institutions.

5. The State recognizes and protects property rights, investment capital, income, and other legitimate rights and interests of enterprises, organizations, and individuals when investing in scientific and technological activities within higher education institutions.

Article 33. Reporting System

Ministries, agencies equivalent to ministries, government agencies, provincial People's Committees, and centrally governed city People's Committees shall report on the results of scientific and technological activities in higher education institutions under their management annually or at any time as required, to be sent to the Ministry of Education and Training and the Ministry of Science and Technology for monitoring and consolidation.

Chapter VII

IMPLEMENTING PROVISIONS

Article 34. Transitional Provisions

Scientific and technological activities in higher education institutions that have been approved by competent authorities in accordance with Decree No. 99/2014/NĐ-CP dated October 25, 2014 of the Government on investment in developing potential and encouraging scientific and technological activities in higher education institutions before this Decree takes effect shall continue until completion.

Article 35. Effective Date

1. This Decree takes effect from March 1, 2023.

2. Decree No. 99/2014/NĐ-CP dated October 25, 2014 of the Government on investment in developing potential and encouraging scientific and technological activities in higher education institutions ceases to be effective from the date this Decree takes effect.

Article 36. Responsibility for Implementation

The Minister, Heads of agencies equivalent to ministries, Heads of government agencies, Chairpersons of provincial People's Committees, centrally governed city People's Committees, and relevant organizations and individuals are responsible for implementing this Decree.