Decree No. 19/2021/NĐ-CP Amending and supplementing some articles of the Regulation on the organization and operation of the National Science and Technology Development Fund issued together with Decree No. 23/2014/NĐ-CP dated April 3, 2014 of the Government.

DECREE

Amending and supplementing certain articles of the Regulation on the organization and operation of the National Science and Technology Development Fund issued together with Decree No. 23/2014/NĐ-CP dated April 3, 2014 of the Government

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Science and Technology dated June 18, 2013;

Pursuant to the proposal of the Minister of Science and Technology;

The Government issues this Decree to amend and supplement certain articles of the Regulation on the organization and operation of the National Science and Technology Development Fund issued together with Decree No. 23/2014/NĐ-CP dated April 3, 2014 of the Government.

Article 1. Amending and supplementing certain articles of the Regulation on the organization and operation of the National Science and Technology Development Fund issued together with Decree No. 23/2014/NĐ-CP dated April 3, 2014 of the Government as follows:

1. Clause 2, Clause 5 Article 3 is amended as follows:

a) Clause 2 Article 3 is amended as follows:

"2. Borrowers: Scientific and technological tasks applying research results and technological development into production and daily life."

b) Clause 5 Article 3 is amended as follows:

"5. Recipients of funding: Scientific and technological tasks assigned by the Minister of Science and Technology."

2. Clause 2, Clause 3 Article 4 are amended as follows:

a) Clause 2 Article 4 is amended as follows:

"2. The Fund implements quality management of research according to international standards, ensuring academic integrity and research ethics for studies funded by the Fund. The content of scientific and technological tasks funded by the Fund shall not overlap with studies already or currently being conducted using funds from the Fund or other state funds."

b) Clause 3 Article 4 is amended as follows:

"3. The Fund supports national-level and equivalent scientific and technological tasks (of national significance or inter-sectoral, regional) proposed by organizations and individuals."

3. Clause 2, Clause 9 Article 6 are amended as follows:

a) Clause 2 Article 6 is amended as follows:

"2. Announcing priority directions, contents, requirements, and specific formats for organizations and individuals to propose scientific and technological tasks and activities to enhance national scientific and technological capacity to request funding, loans, loan guarantees, and support from the Fund."

b) Clause 9 Article 6 is amended as follows:

"9. Managing and using assets in accordance with laws on managing and using public assets."

4. Clause 1, Point c Clause 2 Article 8 are amended as follows:

a) Clause 1 Article 8 is amended as follows:

"1. The Management Board of the Fund consists of seven or nine members including the Chairman, Vice Chairmen, and Board members who are reputable scientists and managers with high qualifications, serving on a part-time basis for a five-year term.
The Chairman, Vice Chairmen, and Board members of the Management Board are appointed and relieved of their duties by the Minister of Science and Technology."

b) Point c Clause 2 Article 8 is amended as follows:

"c) Approving the financial plan and annual final accounts report of the Fund."

5. The name of Chapter III is amended as follows:

"Chapter III: BUDGET FOR OPERATIONS"

6. Article 12 is amended and supplemented as follows:

"Article 12. Budget for operations of the Fund

Clause 1. State budget sources:

a) Funding for support and management expenses of the Fund is allocated from the budget for scientific and technological affairs. Support funding is balanced annually at least 500 billion VND, which is provided by the Ministry of Finance through a payment order into the Fund's account at the State Treasury according to the approved financial plan by the Ministry of Science and Technology. Management expenses of the Fund are allocated annually by the Ministry of Science and Technology based on the level of financial autonomy of the Fund;

b) Funding allocated through the Fund for scientific and technological tasks assigned by the Ministry of Science and Technology;

c) Capital assigned by the Prime Minister for lending to apply research results and technological development into production and daily life, and guaranteeing loans for specialized scientific and technological tasks.

2. Sources outside the state budget:

a) Revenue from the Fund's operations: Interest from loans, fees for loan guarantees, interest from deposits, and other revenues;

b) Voluntary contributions and donations from domestic organizations and individuals, international organizations, and foreign organizations and individuals;

c) Contributions from state-owned enterprises' science and technology development funds and voluntary contributions from other enterprises in accordance with the law;

d) Other lawful sources;

đ) Sources outside the state budget transferred into the Fund's accounts at commercial banks. The Fund manages and uses these revenues in accordance with their intended purposes, beneficiaries, efficiency, and applicable laws."

7. Article 13 is amended as follows:

"Article 13. Methods of funding, lending, guaranteeing loans, and supporting the Fund

1. Providing non-repayable funding for all or part of the costs to implement scientific and technological tasks proposed by organizations and individuals as stipulated in Clause 1 Article 3 of this Regulation.

2. Supporting activities to enhance national scientific and technological capacity, including:

a) Participating in international conferences and seminars for young scientists;

b) Post-doctoral research;

c) Short-term research internships abroad;

d) Organizing specialized international scientific conferences in Vietnam and domestic basic research conferences (annually or biennially);

đ) Attending and presenting outstanding research works at international specialized conferences;

e) Publishing scientific and technological works domestically and internationally;

g) Improving the quality and standards of domestic scientific journals;

h) Registering intellectual property protection for inventions and plant varieties both domestically and internationally;

i) Awarding organizations and individuals with outstanding achievements in fundamental research and applied research, and activities to enhance national scientific and technological capacity supported by the Fund;

k) Foreign outstanding scientists visiting Vietnam for short-term academic exchanges;

l) Enhancing the capacity of basic research organizations to reach regional and world levels;

m) Implementing policies for utilizing and valuing individuals engaged in scientific and technological activities as prescribed by the Government.

3. Interest-free loans or loans with low interest rates for projects applying scientific research results and technological development to production and daily life, and guaranteeing loans for specific science and technology tasks assigned by the Prime Minister to be implemented with separate funds.

4. The activities of providing loans and guaranteeing loan capital as stipulated in Clause 3 of this Article shall be carried out by the Fund through entrusting financial institutions and foreign bank branches. The Fund organizes the evaluation and selection of loan tasks and guaranteed loan capital based on scientific and technological criteria.

8. Clause 1 of Article 15 is amended as follows:

“1. The Fund provides funding for the implementation of science and technology tasks assigned by the Ministry of Science and Technology in accordance with Clause 5 of Article 3 of this Charter. Funding provision is based on the contract between the Ministry of Science and Technology and the organization or individual responsible for implementing the task. Funding is provided in line with the contract's progress at the request of the Ministry of Science and Technology.”

9. Article 17 is amended as follows:

“Article 17. Financial and Accounting System

1. The Fund implements accounting regulations as prescribed by laws on accounting.

2. Annually, the Fund balances sources and prepares budgets for funding related to sponsorship, lending, guaranteeing loan capital, and support (including funding for ongoing and new tasks) and management activities of the Fund, reporting to the Minister of Science and Technology for approval. The budget for new tasks is based on the expected number and average funding of tasks to be approved in the planning year.

3. Annually, the Fund prepares final accounts reports and financial statements to be reviewed and approved by the Ministry of Science and Technology.

4. The Fund transfers surplus funding from the fiscal year to the next year according to the provisions of the State Budget Law and related documents.

5. The Fund applies the current self-management regulations regarding staffing and finance applicable to public service units guaranteed by the State.

6. Management expenses of the Fund are implemented in accordance with the law.”

Article 2. Repeal Clause 2 of Article 14 of the Charter on the Organization and Operation of the National Science and Technology Development Fund issued together with Decree No. 23/2014/NĐ-CP dated April 3, 2014 of the Government.

Article 3. Effectiveness

This Decree takes effect from May 1, 2021.

Article 4. Responsibilities for Implementation

1. The Ministry of Science and Technology is responsible for guiding and organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and relevant organizations and individuals are responsible for implementing this Decree./.