Decree No. 115/2005/ND-CP on the mechanism of autonomy and self-responsibility of public scientific and technological organizations

DECREE

Regulations on the mechanism of autonomy and self-responsibility for scientific and technological organizations

established by the State

THE GOVERNMENT

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

Pursuant to the Law on Science and Technology dated June 9, 2000;

Pursuant to the proposal of the Minister of Home Affairs and the Minister of Science and Technology,

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

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

This Decree stipulates the mechanism of autonomy and self-responsibility regarding tasks, finance, and assets, organization, and staffing of public scientific and technological organizations.

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

The scientific and technological organizations subject to this Decree are research institutions, scientific and technological research and development organizations, and scientific and technological service organizations with legal personality, seals, and separate bank accounts, established by competent state management agencies.

Article 2. Purpose

Objectives of implementing the mechanism of autonomy and self-responsibility:

1. To enhance responsibility and increase the proactivity, initiative, dynamism, and creativity of scientific and technological organizations and their heads.

2. To create conditions for linking scientific research and technological development with production, business, and human resource training, accelerating the socialization of scientific and technological activities.

3. To create conditions for focused investment in key areas for scientific and technological organizations.

4. To improve the effectiveness of scientific and technological organizations' operations, contributing to enhancing the country's scientific and technological potential.

Article 3. Principles

Principles of implementing the mechanism of autonomy and self-responsibility:

1. Exercising autonomy must be accompanied by self-responsibility for the activities of scientific and technological organizations.

2. Ensuring transparency and democracy in the activities of scientific and technological organizations.

3. Managing and using state-assigned resources and other resources of scientific and technological organizations effectively.

4. Completing assigned tasks by state agencies or commissioned tasks, as well as organizational tasks, with high quality, ensuring the development of scientific and technological organizations.

1. Scientific and technological research and development organizations and scientific and technological service organizations that self-fund their regular operating expenses may choose to transform their organization and operations in one of the following two forms:

a) Scientific and technological organizations that cover their own expenses.

b) Scientific and technological enterprises.

The organizational model, operational methods of scientific and technological enterprises, and procedures for transforming into scientific and technological enterprises are specified in another document issued by the Government.

2. Scientific and technological research and development organizations and scientific and technological service organizations that do not self-fund their regular operating expenses must, at the latest, by December 2009, transform their organization and operations according to one of the two forms prescribed in Clause 1 of this Article or merge or dissolve.

3. Research organizations operating in basic research, strategic research, and policy research serving state management, which are funded by the state budget for regular operating expenses based on assigned tasks, shall be reorganized, consolidated, and stabilized to enhance operational efficiency.

Chapter 2:
SPECIFIC PROVISIONS

PART 1. ON TASKS

Article 5. Determining and implementing scientific and technological tasks

1. Based on the State's priority orientation for the development of science and technology, social needs, business needs, their functions, tasks, and fields of operation, scientific and technological organizations shall independently determine their scientific and technological tasks and measures to organize and implement them.

2. Based on the list of scientific and technological tasks published annually by the Ministry of Science and Technology, relevant ministries, sectors, and localities, scientific and technological organizations shall independently decide on participating in the selection and bidding to undertake State scientific and technological tasks and measures to organize and implement them.

3. Scientific and technological organizations shall independently decide on measures to organize and implement scientific and technological tasks assigned or commissioned by state agencies, ensuring quality and progress according to requirements.

4. Scientific and technological organizations have the right to:

a) Enter into contracts to perform scientific and technological tasks and provide scientific and technological services with domestic and foreign organizations and individuals; cooperate with domestic and foreign organizations and individuals to carry out the organization's scientific and technological tasks.

b) Directly decide on inviting foreign experts and scientists to Vietnam and sending staff abroad for work.

c) Decide on investing in development from borrowed capital, capital raised from domestic and foreign organizations and individuals, and from the organization's development activity fund.

Article 6. Production and Business Activities

In addition to the provisions set forth in Article 5 above, scientific and technological organizations may exercise the following rights:

2. To form joint ventures and collaborations in production with domestic and foreign organizations and individuals.

3. To directly export and import technology and products within the scope of their professional activities as prescribed by law.

4. To participate in bidding to fulfill production contracts and supply goods and services that align with the organization's professional activities.

PART 2. ON FINANCE AND ASSETS

Article 7. Source of Funds

Depending on their functions, tasks, and operations, scientific and technological organizations may have the following sources of funding:

a) Funding for performing State scientific and technological tasks assigned or commissioned directly or through selection and bidding, and provided based on a performance contract between the State agency and the scientific and technological organization.

b) Regular operational funding.

The provision of regular operational funding to scientific and technological organizations is regulated as follows:

- For scientific and technological organizations specified in Clause 2, Article 4 of this Decree, the competent state management agency will continue to ensure regular operational funding during the period of organizational and operational transition preparation (up to December 2009) if these organizations have approved transformation plans in 2006.

- For scientific and technological organizations specified in Clause 3, Article 4 of this Decree, annual regular operational funding will be provided based on a corresponding grant method corresponding to the assigned functions and tasks.

c) Capital for basic construction; counterpart project funds; funding for purchasing equipment and major repairs of fixed assets.

d) Other funding sources (if any).

2. Revenue from public service activities, including: fees and charges as prescribed; revenue from service provision activities; revenue from research and development contracts and technology transfer contracts; revenue from production and business activities; other public service revenue (if any).

3. Other funding sources of scientific and technological organizations, including: depreciation of fixed assets; proceeds from the disposal of assets left over as prescribed; capital raised from individuals; loans from credit institutions; grants, aid, gifts, and donations from individuals and organizations both domestically and internationally; other lawful funding sources as prescribed by law (if any).

Article 8. Using Funding Sources

The use of funding sources by scientific and technological organizations is regulated as follows:

1. On expenditures for performing scientific and technological tasks

Applying the grant expenditure method for performing State scientific and technological tasks (in the form of programs, topics, projects of science and technology) across all fields of science and technology (including national target program scientific and technological tasks and urgent scientific and technological tasks) assigned, commissioned, or selected through bidding by state agencies. Scientific and technological organizations shall independently decide on the use of allocated funding to perform such tasks based on ensuring quality and progress requirements according to the contract.

Scientific and technological organizations must ensure payment of salaries and deductions based on salaries for officials, employees, and workers at least equal to the State's regulations on pay grades, pay levels, and positions.

When the State adjusts the minimum wage, pay grades, pay levels, and salary deductions, scientific and technological organizations must use their unit's funding sources to pay salaries and salary deductions for their officials, employees, and workers according to the State's adjustments. For scientific and technological organizations specified in Clause 3, Article 4 of this Decree, the competent state management agency will consider additional funding for each specific scientific and technological organization.

3. On establishing reserves

Annually, after covering all reasonable expenses, fulfilling all obligations to the State as prescribed, from the remaining surplus revenue exceeding expenditure (if any), scientific and technological organizations may establish funds in accordance with the provisions of the law. Specifically, the minimum amount for establishing the Development Fund must be at least 30% of the total surplus revenue exceeding expenditure.

The use of such funds shall be decided by the head of the scientific and technological organization in accordance with the internal expenditure regulations of the unit.

4. On expenditures for other activities

a) For funds allocated from the State budget as stipulated in point c, Clause 1, Article 7, and certain other funds specified in point d, Clause 1, Article 7, scientific and technological organizations must comply with the State's standards, norms, and content of expenditure.

The Ministry of Finance shall specify certain funds allocated under point d, Clause 1, Article 7 that must comply with the State's standards, norms, and content of expenditure.

b) Scientific and technological organizations may independently decide on the use of funds for their activities (excluding certain activities already specifically regulated in Clauses 1, 2, 3, and point a, Clause 4 of this Article).

5. On additional income expenditures

The remaining funds after deducting all expenditures and establishing funds as prescribed, scientific and technological organizations may independently decide to use them to increase the income of staff members according to the internal expenditure regulations of the unit.

Article 9. Preferential Policies

Scientific and technological organizations specified in point a, Clause 1, Article 4 of this Decree shall enjoy the following preferential policies:

1. To be considered for State Development Support Fund assistance, including preferential loans and post-investment interest rate support for projects meeting the conditions and falling within the scope as prescribed.

2. To be eligible for investment development support from competent state agencies for organizations meeting the conditions as prescribed.

3. To be able to liquidate and transfer assets purchased using self-funded resources.

4. To be allowed to open bank accounts to conduct transactions related to production and business activities as prescribed.

6. To borrow capital from organizations and individuals, obtain bank credit for expanding production and improving the quality of organizational activities, and bear responsibility for repaying the loan as prescribed; to use assets formed from borrowed capital as collateral as prescribed.

7. To manage and use State assets in accordance with the law; to use the depreciation reserve fund and proceeds from the disposal of assets sourced from the State budget to supplement the Development Fund for operational activities; any surplus from the depreciation reserve fund and proceeds from the disposal of assets sourced from borrowed capital shall be used to repay principal and interest, and any remaining amount shall be used to supplement the Development Fund for operational activities.

8. To contribute capital in the form of money, assets, land use rights, and intellectual property rights to carry out scientific and technological activities and production and business operations in accordance with the law.

PART 3. REGARDING ORGANIZATION AND STAFFING

Article 10. Regarding organizational structure

The heads of scientific and technological organizations have the right to:

1. Decide on the restructuring, adjustment of the organizational structure of the unit; establish, merge, dissolve and define the functions, tasks, powers, operational regulations of departments and subordinate organizations.

2. Decide on the appointment, reappointment, resignation, and removal of departmental and organizational heads.

3. Propose personnel and submit to the superior management agency's leadership for decision on the appointment, reappointment, and removal of deputy positions within the unit.

Article 11. Regarding staffing and recruitment

The heads of scientific and technological organizations have the right to:

1. Decide on the total annual staffing of the unit based on the needs of cadres and the financial capacity of the unit.

2. Decide on the recruitment of civil servants through competitive examinations or selection procedures; sign employment contracts with those recruited.

3. Sign employment contracts with individuals who were recruited into the staffing before Decree No. 116/2003/ND-CP dated October 10, 2003 of the Government regarding the recruitment, utilization, and management of cadres and civil servants in state-run public institutions took effect.

4. Sign labor contracts to perform tasks that do not require regular staffing.

Article 12. Utilization of cadres and civil servants

The heads of scientific and technological organizations have the right to:

1. Decide on the arrangement and utilization of cadres and civil servants in accordance with their capabilities and professional qualifications.

2. Decide on the transfer, assignment, retirement, termination of employment, and labor contracts according to the provisions of the law.

3. Decide on salary grading for recruited cadres and civil servants; decide on timely, early, and over-grade promotions within the same rank; decide on the appointment to civil servant ranks, and the transfer of civil servant ranks from senior researcher and equivalent ranks downwards.

4. Consider and appoint leadership positions for cadres and civil servants after completing the probation period, having signed indefinite-term employment contracts, having worked for at least three years, and meeting all required conditions.

5. Decide on rewards and disciplinary actions for cadres and civil servants under their management according to the provisions of the law.

Chapter 3:
RESPONSIBILITIES OF THE HEADS OF SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS AND STATE MANAGEMENT AGENCIES
AND TECHNOLOGY AND STATE ADMINISTRATIVE AUTHORITIES

Article 13. Responsibilities of the Heads of Scientific and Technological Organizations

1. The heads of scientific and technological organizations have the responsibility:

b) Coordinate with the Trade Union of the organization to implement democratic regulations; develop internal expenditure regulations; stipulate additional income, bonuses, fund usage... to be approved at staff meetings and implemented accordingly.

c) Organize accounting, internal auditing, statistics, and financial transparency according to the law; ensure the preservation of state capital and assets and guarantee the development of the unit.

d) Report on the activities of the unit according to the regulations of the superior management agency; accept inspections and audits and provide full documentation and information as required by competent state agencies.

đ) Direct the unit to comply with laws on environmental protection, social security, national safety and confidentiality; implement policies and obligations towards the state for cadres and civil servants of the unit; focus on training and improving the qualifications of cadres and civil servants of the unit.

e) Coordinate and create conditions for Party organizations and mass organizations within the unit to participate in inspecting and supervising the unit's activities.

2. The heads of scientific and technological organizations exercise autonomy and are responsible for all activities of the scientific and technological organization; they are responsible for any violations occurring in the unit; they may be rewarded or disciplined according to their achievements or the severity of the violation as prescribed by law.

3. The procedures and formalities for the appointment, reappointment, and removal of the heads of scientific and technological organizations are determined by the leadership of the superior management agency of the scientific and technological organization.

Article 14. Responsibilities of the Ministry of Science and Technology

1. Lead and coordinate with the Ministry of Home Affairs to develop implementation plans for this Decree, report to the Prime Minister, and guide ministries, sectors, and localities in its implementation.

2. Lead and coordinate with the Ministry of Finance and the Ministry of Home Affairs to develop and issue criteria for classification and guiding documents for the classification of scientific and technological organizations as defined in Article 4 of this Decree; submit to the Prime Minister for decision on scientific and technological organizations under Clause 3, Article 4 of this Decree to be maintained by the state budget for regular operating expenses; compile the results of classification by agencies, ministries, sectors, and localities and report to the Prime Minister in the first quarter of 2006.

3. Lead and coordinate with the Ministry of Finance to develop and issue guidelines for cost allocation, acceptance, management, and use of results from state science and technology tasks; submit to the Prime Minister for decision on measures to encourage scientific and technological organizations as defined in Clause 2, Article 4 of this Decree to undergo organizational and activity conversion earlier than the prescribed deadline.

4. Lead and coordinate with the Ministry of Planning and Investment to specify conditions for scientific and technological organizations as defined in point a, Clause 1, Article 4 of this Decree to be considered for investment support.

5. Urgently coordinate with relevant agencies to draft and submit to the Government a Decree on converting research and development organizations and science and technology service organizations into science and technology enterprises by the fourth quarter of 2005.

6. Shall be responsible before the Government and the Prime Minister for urging and inspecting the implementation of this Decree; serve as the focal point for resolving issues arising during its implementation and report to the Prime Minister on matters exceeding their authority; annually organize evaluations, draw lessons, and report to the Prime Minister on the situation of implementing this Decree.

Article 15.Responsibilities of the Ministry of Home Affairs

1. Issue guiding documents on the implementation of regulations concerning staffing, recruitment, and the use of officials and civil servants in scientific and technological organizations as stipulated in this Decree.

2. Issue guiding documents on the implementation of regulations regarding the signing of employment contracts with civil servants at scientific and technological organizations.

The Ministry of Finance shall take the lead and coordinate with the Ministry of Science and Technology to draft and issue the following documents:

1. Guiding documents on the establishment of internal expenditure regulations, budget preparation, and financial activity settlement for scientific and technological organizations engaged in production, business, and service activities.

2. Documents specifying the allocation of regular operating funds for scientific and technological organizations as provided for in Clause 3, Article 4 of this Decree, according to the provisions set out in Point b, Clause 1, Article 7 of this Decree.

3. Documents specifying the transfer of state asset management to scientific and technological organizations engaged in production, business, and service activities.

1. Issue guiding documents on the implementation of regulations in this Decree related to their functions and responsibilities.

3. Inspect, investigate, and resolve complaints and denunciations related to the activities of subordinate scientific and technological organizations in accordance with the law; identify, suspend execution, or revoke decisions made by the heads of subordinate scientific and technological organizations that contravene the provisions of this Decree and relevant laws.

Chapter 4:
IMPLEMENTING PROVISIONS

Article 18. Effectiveness

This Decree shall take effect fifteen days from the date of publication in the Official Gazette. Previous regulations contrary to this Decree are hereby abolished.

Article 19. Responsibility for Implementation

1. The Minister of National Defense, the Minister of Public Security, and the heads of political organizations and political-social organizations shall base their decisions on applying the provisions of this Decree to the characteristics, nature, and field of activity of subordinate scientific and technological organizations.

2. Ministers, heads of agencies equivalent to Ministries, heads of government agencies, and Chairpersons of provincial People's Committees and centrally governed city People's Committees are responsible for enforcing this Decree./.