This Circular guides the establishment and management of state-owned enterprises within educational/training institutions and research institutes. It stipulates the relationship between educational/training/research institutions and state-owned enterprises directly under them, including the rights and responsibilities of each party.
适用范围
Educational/training institutions, research institutes, and state-owned enterprises directly under these institutions
要点
- The head of the educational/training institution/research institute must develop a project to establish a state-owned enterprise (Article II.1)
- The state-owned enterprise shall be provided with capital, land, and factory buildings from the educational/training institution/research institute but not exceeding one-third of the total value of assets of that institution (Article II.3)
- The head of the institution has the responsibility to transfer research results to the state-owned enterprise for application in production and business operations (Article II.7)
- The General Director of the state-owned enterprise is responsible for all activities of the enterprise and has the authority to independently enter into production and business contracts and recruit labor (Article III.6)
- The state-owned enterprise must contribute funds to the educational/training institution/research institute according to the provisions in the Charter of organization and operation of the enterprise (Article II.1)
🌐 本文件的社会影响
- Strengthening the relationship between educational/training institutions and research institutes with state-owned enterprises directly under them, promoting the application of research results in production and business operations
- Helping institutions to have additional financial resources to invest in teaching and research activities
- subject to influence: state-owned enterprises directly under educational/training institutions/research institutes need to strictly comply with regulations on management and use of capital and assets
❓ 常见问题
What must the head of an educational institution do when wanting to establish a state-owned enterprise?
The head of the educational institution must develop a project to establish a state-owned enterprise and submit it to the competent authority for approval (Article II.1)
What responsibilities does the General Director of a state-owned enterprise have regarding the use of capital?
The General Director of the state-owned enterprise must manage and use the allocated resources in accordance with the objectives and tasks of production and business operations (Article III.1)
What responsibilities does an educational institution have regarding research results?
The educational institution must transfer research results to be applied in the production and business operations of the state-owned enterprise (Article II.7)
What rights does the General Director of a state-owned enterprise have regarding recruitment of labor?
The General Director of the state-owned enterprise has the right to independently enter into contracts to recruit additional labor in accordance with the law (Article III.6)
How must a state-owned enterprise contribute funds to an educational institution?
The state-owned enterprise must contribute funds to the educational institution according to the provisions in the Charter of organization and operation of the enterprise (Article II.1)
全文
OF THE GOVERNMENT ORGANIZATION-HUMAN RESOURCES AGENCY - THE GOVERNMENT, THE MINISTRY OF EDUCATION AND TRAINING, THE MINISTRY OF SCIENCE, TECHNOLOGY AND ENVIRONMENT
MINISTRY OF SCIENCE, TECHNOLOGY AND ENVIRONMENT
ENVIRONMENT
JOINT CIRCULAR
JOINT CIRCULAR NO. 11/1999/TTLT-BGDĐT-BKHCNMT-BTCCBCP DATED MARCH 3, 1999 ISSUED BY THE MINISTRY OF EDUCATION AND TRAINING, THE MINISTRY OF SCIENCE, TECHNOLOGY AND ENVIRONMENT, THE GOVERNMENT ORGANIZATION-HUMAN RESOURCES AGENCY GUIDING THE IMPLEMENTATION OF DECISION NO. 68/1998/QĐ-TTg DATED MARCH 27, 1998 OF THE PRIME MINISTER ON THE RELATIONSHIP BETWEEN EDUCATIONAL INSTITUTIONS, RESEARCH INSTITUTIONS AND STATE ENTERPRISES OF THOSE INSTITUTIONS
Implementing Decision No. 68/1998/QĐ-TTg dated March 27, 1998 of the Prime Minister on piloting the establishment of state enterprises within educational institutions and research institutions; the Ministry of Education and Training, the Ministry of Science, Technology and Environment, and the Government Organization-Human Resources Agency stipulate the relationship between educational institutions, research institutions and state enterprises (SEs) of those institutions as follows:
This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.
1. SEs within educational institutions and research institutions are subordinate units of those institutions and are subject to management by the educational institution or research institution under the delegation of the Minister, Head of a ministry equivalent to a ministry, Head of a government agency, Chairman of the People's Committee of a province or centrally governed city.
2. SEs within educational institutions and research institutions have legal personality, separate bank accounts and seals, civil rights and obligations, and are responsible for the business operations of the enterprise.
3. The business activities of SEs within educational institutions and research institutions must be linked to research outcomes, technology deployment, or scientific and technological products and services that align with the functions and specialized tasks of the institution. SEs are provided with appropriate conditions by the educational institution or research institution in accordance with the provisions of laws regarding capital, materials, equipment, human resources, land, and other conditions necessary for the effective operation of the enterprise, ensuring the preservation and development of capital.
II. RIGHTS AND RESPONSIBILITIES OF EDUCATIONAL INSTITUTIONS AND RESEARCH INSTITUTIONS TOWARDS THE SEs SUBORDINATE TO THEM
1. The head of the educational institution or research institution is responsible for drafting the proposal for establishing SEs within their own institution and submitting it to the competent authority as specified in Article 4 of Decision No. 68/1998/QĐ-TTg of the Prime Minister.
2. The head of the educational institution or research institution submits to the Minister, Head of a ministry equivalent to a ministry, Head of a government agency, or Chairman of the People's Committee of a province or centrally governed city for approval the Charter of Organizational Structure and Operation of the enterprise, the appointment, dismissal, commendation, and disciplinary action against the General Director of the enterprise.
3. The head of the educational institution or research institution handles procedures in accordance with the law to transfer part of the workshops and equipment of the educational institution or research institution to the enterprise. The value of the workshops and equipment transferred by the educational institution or research institution to become the registered capital of the enterprise shall not exceed one-third of the total value of the workshops and equipment of the educational institution or research institution and shall not affect the mission and quality of education and research.
4. The head of the educational institution or research institution is responsible for transferring initial investment capital and additional investments to the enterprise, supervising the management and use of facilities transferred to the enterprise, approving profit distribution systems, approving the mobilization of capital from teaching staff, workers, officials, and researchers within the institution, joint venture fundraising, and using assets to invest outside the enterprise at the request of the enterprise director.
5. After reaching an agreement with the enterprise director, the head of the educational institution or research institution may redeploy or permanently transfer some teachers, scientific staff, workers, and officials to work in production and business activities at the enterprise of the educational institution or research institution; these personnel will not receive academic salaries but will receive wages and other income from the enterprise while still having the right to sign contracts to participate in educational and research activities at the institution. When necessary, the head of the educational institution or research institution may redeploy these teachers and scientific staff back to teaching and research after negotiating with the enterprise director within the approved staffing quota of the institution.
6. The head of the educational institution or research institution directs the enterprise to operate according to its assigned functions and responsibilities and monitors compliance with laws and state policies.
7. The head of the educational institution or research institution is responsible for transferring scientific and technological results for application in production and creating favorable conditions for the enterprise under their unit to effectively engage in production and business activities.
8. The head of the educational institution or research institution is responsible for handling procedures in accordance with the regulations of the Ministry of Finance to reclaim the entire corporate income tax paid by the SE under their institution to be used for building infrastructure, purchasing equipment to enhance teaching, learning, research, and technological development capabilities as per the approved plan.
9. The head of the educational institution or research institution is responsible for personnel such as teachers, scientific staff, workers, and officials redeployed by the institution when the enterprise goes bankrupt or is dissolved.
III. RIGHTS AND RESPONSIBILITIES OF SEs WITHIN EDUCATIONAL INSTITUTIONS AND RESEARCH INSTITUTIONS
In addition to general provisions on the rights and responsibilities of the enterprise director under the State Enterprise Law, this Circular specifically provides additional rights and responsibilities of the directors of state enterprises established pursuant to Decision No. 68/1998/QĐ-TTg in relation to educational institutions and research institutions. Specifically:
1. The director of the SE receives capital, land, workshops, equipment, and other resources transferred by the educational institution or research institution for management and uses these resources for business operations in accordance with the assigned objectives and tasks to ensure the preservation and development of capital; contributes funds to the educational institution or research institution in accordance with the Charter of Organizational Structure and Operation of the enterprise.
2. The General Director of State-owned Enterprises (SOEs) in training institutions and research facilities shall be responsible for submitting plans to mobilize capital, joint venture fundraising (domestic and foreign), borrowing, and investing outside the enterprise, which have been agreed upon by the heads of the training institutions and research facilities, to the head of the agency that established the enterprise.
3. After reaching consensus with the head of the training institution or research facility, the General Director of SOEs shall submit to the Minister, the head of an equivalent ministry, the head of a government agency, the Chairman of the People's Committee of provinces and centrally-administered cities, for the appointment, dismissal, commendation, and disciplinary action of the Deputy General Director and the Chief Accountant of the enterprise.
4. The General Director of SOEs shall develop long-term plans and annual plans, production and business organization schemes of the enterprise, and submit them for approval by the head of the training institution or research facility.
5. On a regular basis, the General Director of SOEs shall report to the head of the training institution or research facility on the results of the enterprise's operations; and implement accounting and statistical systems in accordance with current laws.
6. The General Director of SOEs shall be responsible for all activities of the enterprise. The General Director of SOEs has the authority to independently enter into production and business contracts, additional labor recruitment contracts, and to determine salary levels and utilize welfare funds and reward funds in accordance with current laws and the Enterprise Organization and Operation Charter.
7. The General Director of SOEs shall be responsible for applying research outcomes transferred from training institutions and research facilities to support their research and training activities.
IV. IMPLEMENTATION PROVISIONS
This Circular takes effect fifteen days from the date of signature.
During implementation, if there are difficulties or obstacles, training institutions, research facilities, and enterprises shall reflect these issues to the Ministry of Education and Training, the Ministry of Science and Technology, and the Government's Organizational and Cadre Affairs Board for further study and appropriate amendments.
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