Circular No. 13/2017/TT-BKHCN guiding the establishment, organization, and operation of Management Councils in public science and technology organizations

CIRCULAR

H|guidance on the establishment, organization, and operation of the Management Board in scientific and technological organizations;t Tsession number

________________________

WHEREAS,|based on the Law on Government Organization dated June 19, 2015;

|based on the Law on Public Officials dated June 15;11Complaints Law

|based on Decree No. 55/2012/NĐ-CP dated June 28, 2012 of the Government on the establishment of public service units;lthe dossier in accordance with Clause 1 of this Article and submit to the State Bank;, the Hanoi Stock Exchange shall be responsible for transferring the organization's share trading registration application to the Ho Chi Minh City Stock Exchange so that the Ho Chi Minh City Stock Exchange can continue to process the organization's share trading registration application in accordance with the law.again|resolution;ể |public service units;

Pursuant to Decree No.1|based on Decree No. 6/2015/NĐ-CP dated February 14, 2015 of the Government on the self-management mechanism of public service units;

|based on Decree No. 54/2016/NĐ-CP dated June 14, 2016 of the Government on the self-management mechanism of public scientific and technological organizations;

Pursuant to Decree No. 95/2017/NĐ-CP dated August 16, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

The phrase "or examination" is abolished pursuant to Clause 6, Article 8 of Circular No. 15/2025/TT-BVHTTDL dated November 25, 2025, of the Minister of Culture, Sports and Tourism amending and supplementing certain articles of Circulars prescribing job codes, qualification standards, and salary grades for civil servants in the heritage culture, library, grassroots cultural activities, sports, fine arts, art performance, film, and cultural propaganda sectors, which takes effect from January 15, 2026.

|The Minister of Science and Technology issues this Circular guiding on the establishment, organization, and operation of the Management Board in public scientific and technological organizations;t T.

PART I

GENERAL PROVISIONS

- Prime Minister;1.|Pperiodmber viof regulation

|This Circular guides the establishment, organization, and operation, working regime, and work relations of the Management Board in public scientific and technological organizations (hereinafter referred to as the Management Board).

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.

|1. This Circular applies to public scientific and technological organizations that self-finance regular expenses and investment according to Decree No. 54/2016/NĐ-CP dated June 14, 2016 of the Government on the self-management mechanism of public scientific and technological organizations.

|2. This Circular does not apply to public scientific and technological organizations that are higher education institutions.

|Public scientific and technological organizations under the Ministry of National Defense, the Ministry of Public Security, political organizations, and political-social organizations shall apply the provisions of this Circular and other relevant regulations.

Article 3. Principles of Operation

|1. The Management Board operates based on the principles of collective discussion, democracy, transparency, voting, and majority decision-making.

|2. The Management Board performs tasks and powers assigned according to its authority.

|3. The Management Board may use the seal of the public scientific and technological organization in accordance with the law.

ChapterII

ESTABLISHMENT OF THE BOARD OF MANAGEMENT

Article 4. Principles, conditions for establishing the Management Board in public scientific and technological organizations

|1. The principle of establishing the Management Board in public scientific and technological organizations is implemented according to Clause 1, Article 2 of Circular No. 03/2016/TT-BNV dated May 25, 2016 of the Ministry of Home Affairs guiding the establishment and operation of the Management Board in public service units (hereinafter referred to as Circular No. 03/2016/TT-BNV).

|2. The condition for establishing the Management Board is that the public scientific and technological organization specified in Clause 1 of Article 2 of this Circular must be determined by the State regarding the value of assets to be transferred to the unit for management under the capital transfer mechanism for enterprises and recognized and decided by the competent authority to transfer assets according to Decree No. 52/2009/NĐ-CP dated June 3, 2009 detailing and guiding the implementation of some articles of the Law on Management and Use of State Assets and Decree No. 04/2016/NĐ-CP dated January 6, 2016 of the Government amending and supplementing some articles of Decree No. 52/2009/NĐ-CP.

Article 5. procedures, authority to decide on establishment and approval of the Organizational Regulations and Operation of the Management BoardaManagement Boardlintention

|1. The procedure for establishing the Management Board in public scientific and technological organizations is implemented according to Article 4 of Circular No. 03/2016/TT-BNV.

|Public scientific and technological organizations prepare a proposal for establishing the Management Board to submit to the competent authority or person with authority for examination and decision. The content of the proposal is carried out according to Article 5 of Circular No. 03/2016/TT-BNV.

|2. The authority to decide on establishment and approval of the Organizational Regulations and Operation of the Management Board in public scientific and technological organizations is implemented according to Article 6 of Circular No. 03/2016/TT-BNV.

Chapter III

ORGANIZATION AND OPERATION OF THE MANAGEMENT BOARD

Article 6. Functions, tasks, and powers of the Management Board

The functions, tasks, and powers of the Management Board in public scientific and technological organizations are implemented according to Articles 7 and 8 of Circular No. 03/2016/TT-BNV.

, Clause 1, Clause 2 Article 7a of this Regulation.. StructureDeputy ministers of ministerial-level agencies,of the Management Boardn l- - Cooling capacity not exceeding 21.10 kW

The Management Board has from 5 to 11 members, including the Chairman, up to 2 Vice Chairmen, and other members with the following structure:

1. The Chairman of the Board is the representative of the leadership of the direct supervising agency of the public scientific and technological organization.

In case the direct supervising agency of the public scientific and technological organization is not a ministry, a ministerial-level agency, or a government agency, or a provincial People's Committee, there must be at least one member representing a ministry, a ministerial-level agency, a government agency, or a provincial People's Committee in the Management Board;

2. The Vice Chairmen of the Board are the heads of the public scientific and technological organization.

3. Members are representatives of the leadership of one or more units providing advice on organizational personnel, planning, finance, and scientific and technological management of the direct supervising agency of the public scientific and technological organization;

Some other members are civil servants or officials of the public scientific and technological organization, including one member appointed as Secretary of the Management Board.

Article 8. Criteria for Members of the Management Board

1. Must have full capacity for civil acts and cannot be the spouse, father, adopted father, mother, adopted mother, father-in-law, mother-in-law, son, adopted son, daughter-in-law, son-in-law, brother, sister, brother-in-law, sister-in-law, or brother-in-law of the head or deputy head of a public scientific and technological organization.

2. Must have a bachelor's degree or higher and at least 60 months of work experience in one of the following fields: science and technology, human resources management, planning, finance.

3. Individuals who have been disciplined with a warning or higher within the last five years or those currently under consideration for disciplinary action shall not be appointed as members of the Management Board.

Article 9. Appointment, Removal, and Term of Office of the Management Board

1. The Chairman, Vice Chairmen, and members of the Management Board are appointed and removed by the Minister, Head of a Ministry-level agency, agency under the Government, or the Chairman of the People's Committee of a province.

2. The term of office of Management Board members shall not exceed five years. During their tenure, the Management Board may propose adjustments to its membership when necessary. Each member shall not serve more than two consecutive terms (except for the head of a public scientific and technological organization). After each term, new members meeting the prescribed criteria shall be appointed and reappointed.

3. Management Board members work on a part-time basis and receive remuneration from the operating budget of the public scientific and technological organization. The level of remuneration for Management Board members is stipulated in the internal expenditure regulations of the public scientific and technological organization.

4. If during their tenure, a Management Board member is disciplined with a warning or higher, transferred to another position, retires, or requests not to serve as a Management Board member, the Management Board will review and propose the competent authority to remove or dismiss them.

Article 10. Files and Procedures for Appointing Members of the Management Boardpreliminary,appointment procedures for members of the Boardofn l- - Cooling capacity not exceeding 21.10 kW

1. Public scientific and technological organizations establish appointment files for Management Board members, including:

a) A proposal requesting the appointment of Management Board members;

b) Curriculum vitae and related documents concerning the criteria for Management Board members as specified in Article 8 of this Circular;

c) Written consent from the competent authority allowing civil servants or employees to participate in the Management Board.

2. Procedures for appointing Management Board members

The agencies and organizations specified in Clause 2, Article 4 of Circular No. 03/2016/TT-BNV are responsible for reviewing the files and submitting them to the competent authority for examination and appointment of Management Board members.

Article 11. Duties and Powers of the Chairman of the Management Board

1. Approving and organizing the implementation of the program and plan of activities of the Management Board.

2. Calling and chairing meetings of the Management Board.

3. Issuing and supervising the implementation of Resolutions of the Management Board and overseeing the implementation of directives from superior management bodies.

4. Delegating the functions and duties of the Chairman of the Management Board to the Vice Chairman when the Chairman is absent.

Article 12. N |||dutiesDuties and powers of the Vice Chairman of the Management Boardoardmanagement

1. Manage the activities of the Management Board when authorized by the Chairman of the Management Board.

2. Sign documents of the Management Board according to the authorization of the Chairman of the Management Board.

Article 13. Duties and powersof Circulars issued by the Minister of Justice guiding certain aspects of management of civil servants, officials, employees under the civil enforcement organization system.a of Management Board members

1. Participating and giving opinions on matters within the functions and responsibilities of the Management Board at Management Board meetings.

2. Providing written comments on matters within the functions and duties of the Management Board when the Management Board does not convene a meeting.

3. Performing tasks assigned by the Management Board.

4. Maintaining confidentiality of information provided according to current regulations.

Chapter IV

WORKING REGIME AND RELATIONSHIPS OF THE MANAGEMENT BOARD

Article 14. Working Regime and Information, Reporting

1. The Management Board convenes regularly once every quarter and may convene at any time when necessary upon the request of the Chairman of the Management Board. The Management Board operates under a collective mechanism and makes decisions based on majority voting among its members. Meetings of the Management Board are considered valid when attended by at least 3/4 of the total number of members, including the Chairman or Vice-Chairman of the Management Board chairing the meeting.

2. Resolutions of the Management Board are adopted when agreed upon by at least 3/4 of the total number of attending members (through raising hands or secret ballot) or when agreed upon in writing by at least 3/4 of the total number of members of the Management Board when the Management Board does not convene a meeting. In cases where opposing opinions result in equal voting ratios, the Management Board decides according to the opinion of the Chairman of the Management Board or the Vice-Chairman authorized by the Chairman.

Resolutions of the Management Board must be recorded in minutes, signed by all attendees or submitted in writing by all members of the Management Board if no meeting is convened. Resolutions of the Management Board must be sent to all members of the Management Board.

3. The Secretary of the Management Board is responsible for recording the minutes of the Management Board meetings, preparing resolutions of the Management Board, and compiling the opinions of the members of the Management Board to report to the Chairman of the Management Board for review and signature of the Resolution.

4. Public scientific and technological organizations have the responsibility to prepare contents, documents, and material conditions to serve the meetings of the Management Board.

5. Regularly every six months or at any time upon request, the Chairman of the Management Board reports to the Minister, Head of a ministry-level agency, agency under the Government, and the Chairman of the People's Committee of the province on the results and effectiveness of the activities of public scientific and technological organizations.

The Chairman of the People's Committee of the province on the results and effectiveness of the activities of public scientific and technological organizations.

Article 15. Working Relationship of the Management Board

1. The relationship between the Management Board and the head of public scientific and technological organizations shall be implemented in accordance with Clause 2, Article 10, Circular No. 03/2016/TT-BNV.

2. The relationship between the Management Board and the superior management agency shall be implemented in accordance with Clause 3, Article 10, Circular No. 03/2016/TT-BNV.

Chapter V

IMPLEMENTATION

Article 16. Responsibilities of Ministries, Central Agencies and Provincial People's Committees无效ealth

1. Direct public scientific and technological organizations under their management to meet the conditions for establishing the Management Board as stipulated in this Circular.

2. Decide on the establishment, appointment of members of the Management Board, and approval of the Charter of Organization and Operation of the Management Board in public scientific and technological organizations as stipulated in this Circular.

Article 17. Responsibilities of Public Scientific and Technological OrganizationsFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.usinessngEstablished

Public scientific and technological organizations subject to this Circular are responsible for drafting proposals, preparing nomination files for Management Board members to submit to the competent authority for consideration and decision on the establishment of the Management Board and the appointment of Management Board members as stipulated.

- Prime Minister;18. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from December 21, 2017.

2. Ministries, agencies equivalent to ministries, agencies under the Government, provincial People's Committees, and public scientific and technological organizations are responsible for organizing the implementation of the provisions of this Circular and Circular No. 03/2016/TT-BNV dated May 25, 2016 of the Ministry of Home Affairs guiding the establishment and operation of the Management Board in public service units.

Based on specific conditions, management requirements, and specialized laws, if necessary, ministries, agencies equivalent to ministries, agencies under the Government, and provincial People's Committees shall stipulate the establishment of the Management Board in public scientific and technological organizations that self-fund regular expenses; public scientific and technological organizations that partially self-fund regular expenses; and public scientific and technological organizations funded by the State for regular expenses.

3. During the implementation process, if the legal normative documents cited for application in this Circular are amended, supplemented, or replaced by new documents, they will be applied according to those new documents.

4. During the implementation process, if there are difficulties or obstacles, agencies and units are requested to reflect them in writing to the Ministry of Science and Technology for research and appropriate amendments./.