Decision No. 14/2004/QĐ-TTg Regarding the permission to implement the mechanism for the Institute of Machinery and Industrial Tools to be transformed into a science and technology enterprise, piloting the holding company-subcompany model.

Pursuant to …;

Regarding the permission to implement the mechanism for the Institute of Machinery and Industrial Tools to be transformed into a science and technology enterprise, piloting organization under the holding company-subcompany model

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the State Enterprise Law on April 20, 1995;
Pursuant to the Enterprise Law dated June 12, 1999;
Pursuant to the Law on Science and Technology dated June 9, 2000;
To pilot the transformation of the Institute of Machinery and Industrial Tools under the Ministry of Industry into a science and technology enterprise, piloting organization under the holding company-subcompany model;
Considering the proposal of the Ministry of Industry and the opinions of the Ministries of Planning and Investment, Finance, Science and Technology, Home Affairs, Education and Training,

Pursuant to …;

Article 1. Permission is granted to implement the operational mechanism for the Institute of Machinery and Industrial Tools to be transformed into a science and technology enterprise, piloting organization under the holding company-subcompany model as follows:

1. The Institute of Machinery and Industrial Tools (hereinafter referred to as the Institute) shall be reorganized into a holding company, a state-owned enterprise, with the function of conducting scientific research and training while applying research results to production, high-tech products in the mechanical industry, and transferring technology according to market mechanisms, in compliance with relevant laws.

2. Operate in accordance with the State Enterprise Law, the Science and Technology Law, the Enterprise Law, the Education Law, other related legal documents, and the Charter of Organization and Operation and Financial Regulations approved by the competent authority.

3. The State shall invest 100% of the charter capital. The charter capital of the Institute may be changed in accordance with the provisions of the law and the Financial Regulations.

4. In addition to controlling sub-companies according to the provisions of the State Enterprise Law, the Institute has the right to control sub-companies in certain important fields through the provision of technological know-how and technical services, etc., based on mutual agreement and as stipulated in the Charter of Organization and Operation of such sub-companies.

5. Participate in selecting or being assigned to lead programs and topics of scientific and technological research at the ministry level and national level; organize doctoral training, cooperate with universities to train master's and practical engineers in the field of electromechanical engineering in accordance with the law.

6. Be allowed to include up to 5% of total revenue from scientific research service activities, application, and technology transfer into operating costs for the first five years of production of new technology products developed by the Institute (from the time of industrial application) to establish a fund for the development of science and technology to be used for research topics, scientific works, new technology trials, and investment to enhance the Institute's scientific and technological research capacity.

7. Enjoy incentives similar to those for newly established production units and incentives for research and development units.

8. The State will consider supporting the construction of leading laboratories in the field of electromechanical engineering.

Article 2.

1. The Minister of Industry shall be responsible for:

a) Directing the implementation of this mechanism, coordinating with relevant agencies to regularly monitor and inspect the operation of the Institute; promptly report to

b) Based on this mechanism and the opinions of relevant agencies, complete and issue temporarily the Charter of Pilot Organization and Operation of the Institute of Machinery and Industrial Tools transformed into a science and technology enterprise, piloting organization under the holding company-subcompany model; when the amended State Enterprise Law and guiding documents come into effect, the content of these documents should be referenced to adjust the Charter accordingly, submit it to the competent authority for review and decision.

2. The Ministers of Finance, Planning and Investment, Science and Technology, Home Affairs, Education and Training, the Governor of the State Bank of Vietnam, and other relevant agencies according to their functions shall be responsible for coordinating with the Ministry of Industry in implementing the tasks set out in Clause 1 of this Article.

Article 3. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

The Minister of Industry and heads of relevant agencies are responsible for enforcing this Decision./.