Decree No. 263/2025/NĐ-CP provides detailed regulations and guidance on certain provisions of the Law on Science, Technology, and Innovation regarding the autonomy and self-responsibility mechanism for public scientific and technological organizations, human resources, talents, and awards in the field of science, technology, and innovation.

DECREE

Detailed regulations and guidance on certain provisions of the Law on Science, Technology, and Innovation regarding the mechanism of autonomy and self-responsibility of public scientific and technological organizations, human resources, talents, and awards in the field of science, technology, and innovation technology and innovation mechanisms for autonomy and self-responsibilityof public scientific and technological organizations, human resources, talents, andawards in the fields of science, technology, and innovation

 

Pursuant to the Government Organization Law number 63/2025/QH15;

Pursuant to the Law on Science, Technology, and Innovation No. 93/2025/QH15 93/2025/QH15;

Pursuant to the Law on Competition and Rewards No. 06/2022/QH15 The Government issues this Decree detailing and guiding certain provisions of the Law on Science, Technology, and Innovation concerning the mechanism of autonomy and self-responsibility of public scientific and technological organizations, human resources, talents, and awards in the field of science, technology, and innovation.;

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

Article 1. Scope of Regulation

1. Establishment of a business entity refers to the act of a public scientific and technological organization contributing 100% of the charter capital to establish a limited liability company according to business law for commercializing research results, technological development, and innovation of the organization.

2. Participation in establishing a business entity refers to the act of a public scientific and technological organization participating in contributing capital to establish a limited liability company with two or more shareholders, a joint-stock company, or a partnership according to business law for commercializing research results, technological development, and innovation of the organization.

3. Capital contribution to a business entity refers to the act of a public scientific and technological organization participating in additional capital contribution to an already established company according to business law for commercializing research results, technological development, and innovation.

4. Scientific, technological, and innovation project refers to a set of activities, tasks, clusters, or chains of tasks carried out to address issues in science, technology, and innovation, producing specific results and effects that meet practical requirements for economic and social development and ensure national defense and security.

5. Author refers to the person directly contributing to the scientific, technological, or innovative content of the project; in cases where two or more people jointly create the project, they are co-authors.

6. Publication of a scientific, technological, and innovation project refers to the act of presenting the project to the public through official channels in the form of publication, presentation, exhibition, demonstration, and other forms as prescribed.

             7. Application of a scientific, technological, and innovation project refers to the use of the project in practice to serve the interests of people and society.

             MECHANISM OF AUTONOMY AND SELF-RESPONSIBILITY

Chapter II

OF PUBLIC SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONSOF PUBLIC SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS

Section 1.

GENERAL PROVISIONS ON THE MECHANISM OF AUTONOMY AND SELF-RESPONSIBILITYOF PUBLIC SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS

Article 4. Subjects Implementing the Mechanism of Autonomy and Self-Responsibility

1. Public scientific and technological organizations implementing the mechanism of autonomy and self-responsibility according to this Decree include:

a) Public scientific and technological organizations under the management of ministries and ministerial-level agencies (hereinafter referred to as ministries) including: public scientific and technological organizations under ministries; public scientific and technological organizations under general bureaus and equivalent organizations under ministries; public scientific and technological organizations under bureaus and equivalent organizations under ministries; public scientific and technological organizations under public scientific and technological organizations under ministries;

             b) Public scientific and technological organizations under government agencies;

             c) Public scientific and technological organizations under the management of provincial People's Committees including: public scientific and technological organizations under provincial People's Committees; public scientific and technological organizations under specialized agencies under provincial People's Committees; public scientific and technological organizations under district-level agencies and equivalent organizations under specialized agencies under provincial People's Committees; public scientific and technological organizations under other administrative organizations and public service units under provincial People's Committees.

             2. The mechanism of autonomy and self-responsibility stipulated in Chapter II of this Decree does not apply to public higher education institutions and public hospitals.

3. Public scientific and technological organizations under the Ministry of National Defense, the Ministry of Public Security; under higher education institutions and hospitals; under agencies of the Communist Party of Vietnam and political-social organizations shall apply the provisions on the mechanism of autonomy and self-responsibility in this Decree and other relevant provisions.

Article 5. Principles of Implementation of the Mechanism of Autonomy and Self-Responsibility

             1. Exercise autonomy and be responsible before the superior administrative agency and the law for their decisions; at the same time, be subject to inspection and supervision by state agencies with competent authority.

             2. Manage and use effectively the resources assigned by the State and other resources of public scientific and technological organizations. The budget funds allocated by the State to public scientific and technological organizations shall not be used to offset losses from service activities, production and business operations, joint ventures, and joint collaborations. Revenue from service activities, production and business operations, joint ventures, and joint collaborations must be accounted for and monitored separately from the State budget funds.

             3. Implement transparency and democracy in the activities of public scientific and technological organizations.

             4. Public scientific and technological organizations implement the mechanism of autonomy and self-responsibility regarding organizational structure, personnel, finance, international cooperation, joint ventures, and joint collaborations in accordance with this Decree.

             Article 6. Self-supervision mechanism in public scientific and technological organizations

             1. Public scientific and technological organizations are responsible for establishing, maintaining, and implementing a self-supervision mechanism to ensure compliance with the law, enhance the effectiveness of scientific research, technological development, and provision of scientific and technological services and innovation.

             2. The content of self-supervision includes:

             a) The establishment, implementation, monitoring, and evaluation of scientific and technological tasks and innovation;

           b) Management and use of State budget funds and lawful funds from other sources for scientific, technological, and innovation activities;

             c) Management and use of assets, equipment, and laboratories;

             d) Transfer and commercialization of research results and technological development;

             đ) Research collaboration, technological development, and innovation activities; joint ventures, joint collaborations; international cooperation and implementation of assigned tasks;

            e) Implementation of matters related to scientific integrity and professional ethics in research, technological development, and innovation, intellectual property rights, information security, and research data confidentiality in accordance with regulations.

             3. The head of public scientific and technological organizations is responsible for issuing and organizing the implementation of a self-supervision mechanism appropriate to the organization's operational model.

           4. Public scientific and technological organizations must allocate a department or individual or hire independent auditors to perform the contents specified in Clause 2 of Article 6.

            5. Annually, public scientific and technological organizations prepare reports on the implementation of the self-supervision mechanism, make them public within the organization, and submit them to the direct superior administrative agency.

             6. The results of the self-supervision mechanism serve as grounds for commendation, awards, and handling of personal responsibility.

             7. The funding for the self-supervision mechanism is allocated from the regular operating expenses of public scientific and technological organizations.

Section 2.

AUTONOMY AND SELF-RESPONSIBILITYFOR ORGANIZATIONAL STRUCTURE AND PERSONNEL MANAGEMENT

             Article 7. Autonomy and self-responsibility for organizational structure

             1. Public scientific and technological organizations decide on the establishment, restructuring, and dissolution of subordinate units, ensuring alignment with functions, tasks, meeting criteria, conditions, and standards prescribed by law and approved policies by competent authorities.

             2. Public scientific and technological organizations base on guiding documents from competent authorities to develop job position proposals, conduct appraisals, and submit for approval by the organization's head in accordance with regulations.

             3. Public scientific and technological organizations decide on the annual staffing plan at the organization, where the number of staff receiving salaries from the State budget is approved by the competent authority.

             4. Internal operation regulations

             a) Public scientific and technological organizations, based on current laws, have the responsibility to establish and issue internal operation regulations as a basis for implementing organizational activities;

             b) Internal operation regulations must be discussed democratically and publicly within the organization, with the agreement of the trade union (if any);

             c) Within fifteen days from receiving the draft of the internal operation regulations, the superior administrative agency has the responsibility to review and provide comments in writing on contents inconsistent with the law (if any);

             d) After the aforementioned period, if the superior administrative agency does not provide comments, the head of the public scientific and technological organization issues the internal operation regulations for implementation; simultaneously sending them to the superior administrative agency, the same-level financial agency for monitoring and supervising implementation, and the State Treasury where the organization maintains its transaction account for controlling expenditures.

             5. Internal operation regulations must include the following contents:

          a) Internal expenditure provisions: stipulating the expenditure system of the organization, management, and use of funds from the State budget and non-State budget sources;

             b) Provisions on salary, income, and rewards;

             c) Provisions on the management and use of public assets;

             d) Provisions on the management of scientific and technological tasks and innovation;

             đ) Provisions on the management of international cooperation activities;

            e) Provisions on profit distribution from the commercialization of research results, technological development, and innovation;

             g) Provisions on the establishment, participation in the establishment, and capital contribution to enterprises for the commercialization of research results, technological development, and innovation;

h) Operating rules of the organization;

i) Other internal regulations as prescribed by law.

6. Public scientific and technological organizations may open accounts at commercial banks for revenues from public service activities and business service activities; funds established according to regulations may be deposited at commercial banks for management. Public scientific and technological organizations shall open accounts at the State Treasury to manage state budget funds according to the State Budget Law, including: state budget funds allocated, fees collected under laws on fees and charges, and other state budget funds (if any).

7. Public scientific and technological organizations are granted certificates of registration for scientific and technological organizations, business registration certificates, and seals of the unit for production and business activities in accordance with the law.

Article 8. Self-management and self-responsibility in recruitment, utilization, and management of civil servants and employees

1. Public scientific and technological organizations with departments or dedicated staff responsible for organizational and personnel work may decide on the recruitment, management, and utilization of civil servants and employees of the organization in accordance with the regulations.

2. Public scientific and technological organizations may use the public service science, technology, and innovation budget to enter into labor contracts for specialized work for a maximum period of 36 months.

Article 9. Dual personnel in public scientific and technological organizations

             1. Dual personnel refers to scientific and technological human resources from domestic or foreign higher education institutions who work regularly at public scientific and technological organizations in designated positions, and are considered formal personnel of both the higher education institution and the public scientific and technological organization.

            2. Dual personnel must obtain written approval from the higher education institution and the public scientific and technological organization.

3. Forms of recognition of dual personnel

a) Fixed-term labor contracts;

b) Dual personnel are listed in the decision to establish research groups, laboratories, specialized units, or scientific and technological tasks and innovation tasks of public scientific and technological organizations;

             c) Recorded in the organization's personnel files, personnel reports, and task registration files of the organization as formal personnel of the organization.

             4. Rights and obligations of dual personnel

             a) Enjoy full benefits and policies of formal personnel at the higher education institution; simultaneously enjoy benefits according to the contract signed with the public scientific and technological organization based on the policy and system of the designated position within the organization and calculated based on the time worked at the public scientific and technological organization;

             b) Considered for planning, appointment to leadership and management positions at public scientific and technological organizations in accordance with the law. In cases where dual personnel are overseas Vietnamese or foreigners, they may be considered for appointment to leadership and management positions at public scientific and technological organizations without necessarily meeting age requirements, planning positions, political theory qualifications, or consecutive tenure periods;

             c) Enjoy rights and fulfill responsibilities regarding research results formed from scientific, technological, and innovation tasks according to the law and the operational regulations of the organization;

             d) Have the responsibility to complete assigned tasks, comply with the operational regulations of the public scientific and technological organization, and commit to professional contributions during their tenure as dual personnel of the organization;

             e) Not bound by fixed working hours unless otherwise agreed in the contract.

             5. Responsibilities of public scientific and technological organizations

             a) Establish criteria and procedures for selecting and managing dual personnel of the organization;

             b) Ensure working conditions, material facilities, and incentive mechanisms commensurate with the financial capacity and operational regulations of the organization for dual personnel;

             c) Record the contributions of dual personnel in professional reports, task results, as well as in evaluations of the organization's performance;

             d) Have the responsibility to coordinate with higher education institutions to implement policies for dual personnel, including personnel file management, evaluation, classification, rewards, disciplinary actions, and fulfillment of legal obligations for deductions from salaries.

Section 3.

SELF-MANAGEMENT AND SELF-RESPONSIBILITY FOR FINANCIAL MATTERS

Article 10. Sources of finance for public scientific and technological organizations

             Article 1. Sources of State Budget

Public scientific and technological organizations receive state budget funds according to the law.

             2. Revenue from public service activities

             a) Revenue from commercializing research results, developing technology, and innovation;

             b) Revenue from public service activities, scientific and technological services, and innovation services;

             c) Revenue from production and business activities; joint ventures and collaborations with organizations and individuals in accordance with the law;

             d) Revenue from leasing state assets in accordance with the law.

             3. Fees retained by public scientific and technological organizations for expenditure as prescribed by laws on fees and charges.

             4. Borrowed capital; grants and sponsorships in accordance with the law.

             5. Other revenue as prescribed by law (if any).

Article 11. Regular expenses transferred for self-management

             1. Public scientific and technological organizations are authorized to use financial resources including: operating funds for ensuring and maintaining regular activities of public scientific and technological organizations as prescribed in the Decree detailing and guiding the implementation of certain provisions of the Law on Science, Technology, and Innovation regarding finance and investment in science, technology, and innovation; Clause 2, Clause 3 (the portion left for regular expenses to serve fee collection work) and Clause 4 (the portion used for salary payments and contributions based on salaries of officials and employees of public scientific and technological organizations) of Article 10 of this Decree for regular expenses.

             2. Salary payments, allowances based on salary, contributions based on salary, and income for employees in public scientific and technological organizations shall be carried out according to the principle of linking with quantity, quality, and commitments to output results and as stipulated in the internal operation regulations of the organization.

             3. Hiring fees for experts, scientists, and individuals with special talents to perform tasks of public scientific and technological organizations shall be set at levels commensurate with assigned tasks, based on actual market payment levels and the financial capacity of the organization.

             4. Professional activity expenses, management expenses:

            a) For expenditure items that have economic and technical norms, budgeting systems as prescribed by competent state agencies, based on actual requirements, current market prices in the locality of the public scientific and technological organization, and financial capacity, the public scientific and technological organization may determine expenditure levels in accordance with its internal operation regulations.

             b) For expenditure items not regulated by competent state agencies, based on actual circumstances, the public scientific and technological organization shall establish appropriate expenditure levels consistent with its financial resources and stipulated in its internal operation regulations. The head of the public scientific and technological organization shall bear responsibility for their decisions.

             5. Expenses for performing fee-based services as prescribed by laws on fees and charges.

             6. Expenses for service activities, production and business activities; joint venture and cooperation expenses.

             7. Expenses for implementing public service activities not funded by the state budget.

             8. Establishing reserve funds to handle risks as prescribed in the internal operation regulations of the organization (if applicable).

             9. Interest payments on loans as prescribed by law (if applicable).

             10. Other expenses as prescribed by law (if applicable).

Article 12. Regular expenses not delegated autonomously

Expenses for performing tasks assigned by the State to public scientific and technological organizations do not include expenses for ensuring and maintaining regular operations of the organization as prescribed in the Decree detailing and guiding the implementation of certain provisions of the Law on Science, Technology, and Innovation regarding finance and investment in science, technology, and innovation.

Article 13. Distribution of Financial Results for the Year

            1. Transfer the entire savings from the fixed budget of public scientific and technological organizations (including: salaries and contributions with the nature of salaries; administrative activities; expenses for implementing basic scientific and technological innovation tasks; regular expenses for performing functions of the organization) and the entire supplementary budget of public scientific and technological organizations from the state budget ensuring and maintaining regular operations of public scientific and technological organizations into the Supplementary Income Fund of the organization.

           2. Establish the Science and Technology Development Fund in accordance with Clause 1, Article 17 of the Corporate Income Tax Law No. 67/2025/QH15 dated June 14, 2025.

             3. At the end of the fiscal year, after fully accounting for regular autonomous revenue and expenditure excluding the state budget ensuring and maintaining regular operations of public scientific and technological organizations, depreciation of fixed assets, tax payments, and other state budget payments as prescribed, if there is a surplus of revenue over regular autonomous expenditure (if any), public scientific and technological organizations may use it in the following order:

            a) Establish a minimum Development Fund for Public Services of 10%;

           b) Establish a Supplementary Income Fund: Prioritize establishing from the surplus of revenue over regular autonomous expenditure (if any) and in accordance with the internal operation regulations of public scientific and technological organizations;

            c) Establish a Reward Fund and Welfare Fund: The total of both funds shall not exceed three months' worth of wages and remuneration implemented in the year by the unit;

             d) Establish other Funds as prescribed by specialized laws;

            đ) Any remaining surplus revenue over expenditure (if any) after establishing the funds as prescribed in the internal operation regulations of public scientific and technological organizations shall be added to the Development Fund for Public Services.

             4. Utilization of Funds

             a) Science and Technology Development Fund: Implemented in accordance with the regulations on the Science and Technology Development Fund of organizations and public service units as prescribed in the Decree detailing and guiding the implementation of certain provisions of the Law on Science, Technology, and Innovation regarding finance and investment in science, technology, and innovation and related documents;

             b) Research and Development Fund: For investment in construction, renovation, upgrading, maintenance, repair of material infrastructure; purchasing equipment, working tools, means of transportation; payment for land rent and office rent to serve the activities of public science and technology organizations according to regulations (in cases where regular funding does not cover land rent and office rent); developing research capacity; applying scientific and technological progress; supporting training and improving professional skills for employees; recruitment costs, human resource incentives; purchasing copyright works, programs; joint venture capital contributions with domestic and foreign organizations and individuals to organize public service activities according to assigned functions and tasks; paying part of the expenses for purchasing equipment, repairs, maintenance, renovations, upgrades, and new constructions of shared auxiliary facilities from higher-level agencies; security, public order, fire prevention, disease control, environmental sanitation, and other management costs (specific levels according to guidance from higher-level managing agencies and the actual development fund of the organization) and other expenditures as stipulated in the internal operation regulations of the organization.

The use of the Research and Development Fund for investment in construction, renovation, maintenance, repair, and upgrading of material infrastructure, purchasing equipment, and working tools shall be carried out in accordance with laws on public investment, bidding, state asset management, and related regulations. The head of a public science and technology organization has the authority to decide on the use of the Research and Development Fund for investment in construction, renovation, maintenance, and repair of material infrastructure; purchasing equipment and working tools for those expenditure items that are not covered by public investment laws.

             c) Supplementary Income Fund: For supplementing income for officials and employees within the year and for preparing supplementary income expenditures in subsequent years in cases where income sources are reduced. The supplementation of income for officials and employees shall be implemented based on the principle of linking it to quantity, quality, and output results.

             d) Reward Fund: For annual, periodic, and extraordinary rewards for individuals and groups inside and outside the organization based on work effectiveness and contributions to organizational activities. Reward levels are specified in the internal operation regulations of the organization.

             đ) Welfare Fund: For constructing and repairing welfare facilities of public science and technology organizations; contributing part of the capital to invest in common welfare facilities within the industry or with other units according to contracts; funding collective welfare activities for officials and employees within the organization; providing emergency assistance to officials and employees, including those who have retired, become disabled, or are in difficult circumstances; additional payments for officials and employees implementing staff reduction policies; supporting social and charitable activities; resolving labor contract termination benefits and other expenditures as stipulated in the internal operation regulations of the organization.

             e) Other Funds: Implemented in accordance with specialized laws.

            5. Specific levels of extraction for the funds prescribed in this Article and their usage are decided by the head of the public science and technology organization according to the internal operation regulations, in compliance with relevant laws, and must be publicly disclosed within the organization.

             Article 14. Self-management and self-responsibility for salaries and incomes

           1. Sources of funding for salaries and incomes for officials and employees of public science and technology organizations include:

             a) Salaries and contributions with salary characteristics provided annually by the State budget to the organization;

             b) Revenue from the labor of officials and employees of public science and technology organizations performing scientific, technological, and innovation tasks led by the organization;

             c) Revenue from salaries, allowances, contributions, and remuneration for officials and employees of public science and technology organizations from individual and organizational sponsorships and grants both domestically and internationally according to agreements and related regulations;

             d) Supplementary Income Fund;

             đ) The entire remaining balance from salary reform that has not been used (if any);

             e) Revenue from commercializing research outcomes, technological development, and innovation (if any);

             g) Other lawful revenues as stipulated by law (if any).

             2. Salaries and incomes for officials and employees are paid by public science and technology organizations:

             a) Basic salary funded from sources specified in points a, b, and c of Clause 1 of this Article, including salary, allowances, and contributions according to salary regulations under the law on salaries;

             b) Autonomous salary of the organization funded from sources specified in points b, c, đ, and g of Clause 1 of this Article;

            c) Additional income for officials and contractual employees funded from the Supplementary Income Fund of the public science and technology organization according to the internal operation regulations of the organization;

             d) Income for officials and employees who are authors of commercialized research outcomes, technological development, and innovation funded from sources specified in point e of Clause 1 of this Article according to commitments made by the public science and technology organization.

             3. Autonomous salary of the organization is allocated for the following purposes:

             a) Regular monthly support, including: fuel allowance, telephone allowance, lunch allowance, and other lawful allowances as stipulated in the internal operation regulations of the organization;

             b) Position-based salary determined based on job positions, assigned titles, and tasks to ensure income commensurate with quantity, quality, and output results.

            c) Encouragement salary aimed at motivating, encouraging, recognizing employees who work diligently, responsibly, productively, and effectively. Evaluation criteria and implementation methods shall be carried out in accordance with the internal operation regulations;

             d) Unfixed support amounts paid to motivate employees on special occasions throughout the year;

Section 4.

AUTONOMY AND SELF-RESPONSIBILITYON INTERNATIONAL COOPERATION, JOINT VENTURES, AND ASSOCIATIONS

Article 15. Autonomy and responsibility for international cooperation

             1. The head of a public scientific and technological organization is granted autonomy and responsibility to decide on sending employees to attend conferences, seminars, training courses, research surveys, academic exchanges, and experience learning abroad in line with the organization's development orientation and in accordance with the law on foreign affairs management.

            2. Public scientific and technological organizations have the right to invite foreign experts, scientists, and overseas Vietnamese to participate in research and development activities, technology transfer, innovation, human resource training, and other specialized activities within the organization in accordance with the law and internal operation regulations.

             3. Public scientific and technological organizations have the right to hire experts and scientists who are overseas Vietnamese; foreign experts and scientists to hold leadership and management positions or directly participate in specialized activities within the organization in accordance with the law. Hiring experts must be conducted openly and transparently, ensuring competence standards and being suitable to the organization's needs and financial capacity.

             4. Public scientific and technological organizations have the right to sign contracts to provide scientific and technological services and innovation with foreign agencies and organizations through procurement and bidding in accordance with the law.

Article 16. Autonomy and responsibility for capital mobilization and credit borrowing

             1. General principles

             a) When borrowing and mobilizing capital for investment in construction, purchasing assets, public scientific and technological organizations must have a borrowing plan, capital mobilization plan, and repayment plan, including establishing a debt-to-revenue ratio limit, conducting independent risk assessment for large loans, risk handling plans, conflict of interest resolution among capital contributors; bear full responsibility for loan repayment, both principal and interest, in accordance with the law; and bear legal responsibility for the effectiveness of borrowing, capital mobilization, and the effective use of borrowed capital;

             b) Public scientific and technological organizations are not allowed to use state-owned assets as collateral for borrowing in accordance with Clause 5, Article 54 of the Law on Management and Use of State-Owned Assets and related provisions;

             c) Investment projects funded by credit borrowing and capital mobilization must be implemented in accordance with the law, openly, transparently, and democratically within the organization;

             d) Public scientific and technological organizations can mobilize capital and borrow funds to carry out other activities in accordance with the law.

             2. Public scientific and technological organizations engaged in service activities can borrow from credit institutions and mobilize capital from employees within the organization to expand, renovate, and repair existing facilities; purchase additional equipment to improve quality and scale of operations in line with their functions and responsibilities, and bear full responsibility for loan repayment in accordance with the law. The procedures and approval authority for borrowing plans are carried out in accordance with relevant laws. Mobilizing capital from employees within the organization must be established in a contract in accordance with civil law regulations.

             3. The head of a public scientific and technological organization is responsible for managing and using mobilized capital efficiently, in line with the organization's functions and responsibilities, and bears full responsibility for loan repayment from the organization's financial resources, without state budget support.

Article 17. Autonomy and responsibility for managing and using state-owned assets and joint ventures, associations

             1. Public scientific and technological organizations have the right to proactively implement joint ventures and associations to commercialize scientific research results, technological development, and innovation in the following forms:

             a) Establishing enterprises;

             b) Participating in establishing enterprises;

             c) Contributing capital to enterprises.

             2. Implementation of joint ventures and associations as stipulated in Clause 1 of this Article shall comply with Chapter III of this Decree.

             3. Public scientific and technological organizations have the right to autonomously and responsibly engage in joint ventures and associations with organizations and individuals to provide services meeting societal needs. Using state-owned assets for these purposes must comply with the requirements specified in Clause 2, Article 55 of the Law on Management and Use of State-Owned Assets and fall under the cases specified in Clause 1, Article 58 of the Law on Management and Use of State-Owned Assets. Public scientific and technological organizations are not allowed to use state budget funds to cover risks or losses from capital contribution, joint ventures, associations, or enterprise establishment activities.

             4. Distribution of proceeds from joint venture and association activities: After deducting loan interest expenses and asset rental costs (if any) from the proceeds obtained from the distribution of joint venture and association activities, the remaining income portion of the organization shall be managed and used according to the approved joint venture and association project.

             5. In cases where public scientific and technological organizations implement borrowing, capital mobilization, or investment through public-private partnership (PPP) models, the implementation must comply with the law on PPP investment and related guiding documents.

             6. Public scientific and technological organizations engaging in joint ventures and associations must comply with reporting and supervision systems as prescribed.

Section 5.

PUBLIC SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS WITH DISTINCTIVE CHARACTERISTICS

Article 18. Special Mechanism on Finance for Special Public Science and Technology Organizations

             Special public science and technology organizations shall implement the mechanism of autonomy and self-responsibility for finance according to the general regulations applicable to public science and technology organizations, while enjoying certain special mechanisms as follows:

             1. The State shall fully guarantee the regular expenditure, expenditure for performing tasks, and investment expenditure necessary to fulfill their functions and tasks assigned during a five-year stable period or according to the time agreed with foreign partners.

             2. The regular expenditure support fund shall be provided based on the proposal of special public science and technology organizations to pay salaries, deductions from salaries, and allowances as prescribed, additional income for the number of employees, expenditure for special tasks, and necessary funds to maintain stable operations consistent with the nature, scale, and development orientation of the organization.

             3. Special public science and technology organizations shall use state budget regular expenditure for scientific, technological, and innovation activities according to the provisions of the Decree detailing and guiding the implementation of certain articles of the Law on Science, Technology, and Innovation regarding finance and investment in science, technology, and innovation.

Article 19. Special Mechanism on Organizational Structure for Special Public Science and Technology Organizations

             Special public science and technology organizations shall implement the mechanism of autonomy and self-responsibility for organizational structure according to the general regulations applicable to public science and technology organizations, while enjoying certain special mechanisms as follows:

             1. They have the right to proactively decide on the establishment of functional departments, specialized departments, research groups, and subordinate units in accordance with strategic orientations and development needs of the organization without being dependent on the staffing norms and organizational structures of public service units, or according to the agreements signed with foreign partners.

             2. They may organize under a special governance model with a dual leadership mechanism comprising:

             a) A legal representative who is a Vietnamese citizen, responsible comprehensively before the law and the supervising authority;

             b) A professional director who is a Vietnamese citizen, a Vietnamese citizen residing abroad, or a foreigner with high professional qualifications, invited or contracted by the public science and technology organization to manage the professional and academic activities of the organization.

             3. Special public science and technology organizations established through agreements with international or national organizations shall operate under a governance model agreed upon with such organizations.

Article 20. Special Provisions on Staffing and Personnel for Special Public Science and Technology Organizations

             Special public science and technology organizations shall implement the mechanism of autonomy and self-responsibility for staffing and personnel according to the general regulations applicable to public science and technology organizations, while enjoying certain special mechanisms as follows:

             1. The minimum number of staff members must be five persons with a bachelor's degree or higher, working full-time, concurrently, or part-time; at least 50% of whom must have professional qualifications relevant to the main field of activity registered.

             2. Staff members of special public science and technology organizations may be arranged to work in the following forms:

             a) Full-time employment;

             b) Concurrent employment (working officially in two organizations);

             c) Part-time employment;

             d) Employment dispatched from another organization.

Chapter III

PUBLIC SCIENCE AND TECHNOLOGY ORGANIZATIONSESTABLISHING OR PARTICIPATING IN THE ESTABLISHMENT OF ENTERPRISES,CONTRIBUTING CAPITAL TO ENTERPRISES FOR THE COMMERCIALIZATION OF RESEARCH RESULTS AND TECHNOLOGICAL DEVELOPMENTCOMMERCIALIZING RESEARCH OUTCOMES, TECHNOLOGY DEVELOPMENT

Article 21. Entities Implementing the Establishment or Participation in the Establishment of Enterprises, Contributing Capital to Enterprises for the Commercialization of Research Results and Technological Development

             1. Public science and technology organizations specified in Clause 1 of Article 4 of this Decree, excluding those under the Ministry of National Defense and the Ministry of Public Security.

             2. Public science and technology organizations that are public universities and public hospitals.

             3. Public science and technology organizations under the Ministry of National Defense and the Ministry of Public Security; under educational institutions, hospitals; under Party organizations and political-social organizations shall apply the provisions on establishing or participating in the establishment of enterprises, contributing capital to enterprises for the commercialization of research results and technological development according to this Decree and other related regulations.

Article 22. Types of Assets of Public Science and Technology Organizations Used to Establish, Participate in the Establishment of Enterprises, and Contribute Capital to Enterprises

             1. Public science and technology organizations may use the following types of assets to establish, participate in the establishment of enterprises, and contribute capital to enterprises:

             a) Funds from the development fund for operational activities;

             b) Funds from the development fund for science and technology;

             c) Legal financial assistance, grants, and donations intended for capital contribution;

             d) Funds from other sources used for capital contribution according to the law;

            đ) Intellectual property rights owned by public science and technology organizations according to intellectual property laws and used for capital contribution according to business laws;

e) Scientific research results, technological development, and innovation outcomes managed and used by public science and technology organizations according to laws on science, technology, and innovation;

g) Other assets permitted to be used for capital contribution according to the law.

             2. Principles for using assets of public science and technology organizations to establish, participate in establishing, or contribute capital to businesses:

             a) Ensuring activities in accordance with their purposes, sharing benefits and risks in commercializing scientific research results, technological development, and innovation;

             b) Implementing asset exploitation and usage activities according to market mechanisms, ensuring transparency and compliance with legal regulations;

             c) Fully fulfilling tax, fee, and other financial obligations as prescribed by law;

             d) Not using for capital contribution for classified inventions, land, and security, defense works, and other assets that are not allowed to be used for capital contribution;

             đ) The use of assets for capital contribution and the determination of asset value for capital contribution must ensure transparency and compliance with legal regulations;

             e) Implementing reporting systems on business operations and results to commercialize scientific research results, technological development, and being subject to supervision by competent authorities as prescribed by law.

Article 23. Authority to decide on establishment, participation in establishment, and capital contribution to businesses for commercializing scientific research results and technological development

             The head of a public science and technology organization decides on the establishment, participation in establishment, and capital contribution to businesses for commercializing scientific research results and technological development of the organization according to the internal regulation of the organization after obtaining agreement on the policy from the direct superior management agency.

Article 24. Project for Establishing, Participating in Establishing Businesses, and Contributing Capital to Businesses for Commercializing Scientific Research Results and Technological Development

             1. Public science and technology organizations shall implement the construction or hire consulting units to construct the project for establishing, participating in establishing businesses, and contributing capital to businesses to solicit opinions from employees and contractual workers working at the public science and technology organization, complete the project, and be responsible for the content of the project.

             2. Contents of the project for establishing, participating in establishing businesses:

             a) Basis for proposal, objectives of implementing the project;

           b) Current status of managing and utilizing scientific research results, technological development, and innovation under intellectual property rights of public science and technology organizations; intellectual property assets, assets resulting from the implementation of scientific and technological tasks and innovation using state budget funds, money from funds and other sources of public science and technology organizations, and other lawful assets at the organization used to establish, participate in establishing businesses;

             c) Plan for using assets for capital contribution, ratio of capital contribution, method of capital contribution, plan for capital contribution, scope of authority, responsibility of agencies and persons authorized to decide on using assets for capital contribution, decision on determining the value of assets for capital contribution;

             d) Investment and business plans of the enterprise for commercializing scientific research results and technological development under intellectual property rights of public science and technology organizations; financial analysis, risk assessment of investment and business plans;

             đ) Plan for dividing results obtained from joint venture and cooperation activities;

             e) Draft Articles of Association of the enterprise to be established;

             g) Criteria for determining employees participating in capital contribution; regime for employees participating in management and operation of the enterprise decided by the head of the public science and technology organization based on relevant legal provisions on science, technology, and innovation and agreements between related parties; responsibility of persons authorized to appoint employees, appointed employees representing the public science and technology organization at the enterprise or participating in management and operation of the enterprise;

             h) Agreement of the direct superior agency in case the employee is the head of the public science and technology organization proposed to represent the public science and technology organization at the enterprise or participate in management and operation of the enterprise;

            i) Capacity and resources of the party participating in commercializing scientific research results, technological development, and innovation; agreement between the public science and technology organization and the related party regarding the responsibility to share risks, divide benefits; responsibility to support each party's activities during the implementation of the project; responsibility to ensure activities in accordance with the purpose of commercializing scientific research results, technological development, and innovation under intellectual property rights of the public science and technology organization, including the termination of the agreement on the use of intellectual property rights of the public science and technology organization if the related party does not comply with the agreement;

k) Rights and responsibilities of related parties, plan for organizing and implementing the project;

l) Other relevant contents (if any).

3. Contents of the project for participating in capital contribution to enterprises include the contents prescribed in points a, c, đ, g, h, i, k, l of Clause 2 of this Article.

Article 25. Approval of the project for establishment, participation in establishment, and capital contribution to enterprises

1. After the project has been published for comments and completed according to the provisions of Article 24 of this Decree, the head of the public science and technology organization shall be responsible for examining and approving the project and shall bear responsibility for the content of the approval.

2. The content of the approval for the project on establishment, participation in establishment, and capital contribution to enterprises includes:

a) The establishment of enterprises, participation in establishment of enterprises, and capital contribution to enterprises;

b) The type of enterprise, registered capital, participating parties, types of assets used for establishment or participation in establishment, and capital contribution to enterprises;

c) Criteria for determining civil servants participating in capital contribution; the regime for civil servants participating in management and operation of enterprises decided by the head of the public science and technology organization; responsibilities of the authority authorizing civil servants and the authorized civil servants as representatives of the public science and technology organization at the enterprise or participating in management and operation of the enterprise;

d) The plan for using assets as prescribed in this Decree for establishment, participation in establishment, and capital contribution to enterprises, scope of authority, responsibilities, risk-sharing plans, and benefit distribution plans;

đ) Authority to decide on the appointment, termination, and change of representatives of the public science and technology organization at the enterprise, participating in management and operation of the enterprise;

e) Capital contribution ratio, contribution method, and capital contribution plan of the public science and technology organization and related parties; capital contribution ratio and conditions for civil servants of the public science and technology organization;

g) Agreement between the public science and technology organization and related parties specifying the responsibilities of each party and ensuring that the enterprise operates in accordance with the commercialization purpose of scientific research and technological development results owned by the public science and technology organization;

h) The person assigned the responsibility to organize the implementation of the project.

3. After the project for establishment and participation in establishment of enterprises is approved, the establishment and registration of the enterprise shall be carried out in accordance with the Law on Enterprises and guiding documents.

Article 26. Civil servant as representative of the public science and technology organization at the enterprise

1. Based on the content of the approved project for establishment or participation in establishment of enterprises, the head of the public science and technology organization, who has the authority to manage civil servants under the law, shall issue a decision appointing a civil servant as the representative of the public science and technology organization at the enterprise. In cases where the managing civil servant is the head of the public science and technology organization, it must be agreed upon by the direct superior management.

2. The decision appointing a civil servant as the representative clearly specifies the term of concurrent or detached service, responsibilities, obligations, and powers of the appointed civil servant as the representative of the public science and technology organization at the enterprise based on the content of the approved project.

3. A civil servant may be appointed as the representative multiple times.

Article 27. Civil Servants Participating in Management and Operation of Enterprises

1. Based on the approval content of the project for establishing or participating in establishing an enterprise, the head of the public scientific and technological organization with the authority to manage civil servants under the law shall issue a decision to appoint civil servants who meet the conditions to participate in managing and operating enterprises. In cases where the management civil servant is the head of a public scientific and technological organization, they must obtain the consent of the direct superior management level.

2. The decision to appoint civil servants to participate in managing and operating enterprises shall clearly specify the term of concurrent or detached service, work system, salary, bonuses, allowances, rights, obligations, and responsibilities of the civil servant towards the public scientific and technological organization where they work and towards the enterprise they manage and operate based on the approved project content.

3. A civil servant may be appointed to participate in managing and operating enterprises multiple times.

Article 28. Responsibilities for Managing Civil Servants

1. The head of the public scientific and technological organization with the authority to manage civil servants under the law has the authority to change or terminate the role of a civil servant as the representative authorized by the public scientific and technological organization, or a civil servant participating in managing and operating enterprises; they are responsible according to the approved project content and the laws on civil servants.

2. The direct superior management agency of the civil servant who is the head of a public scientific and technological organization has the authority to change or terminate the role of a civil servant as the representative authorized by the public scientific and technological organization at the enterprise, or a civil servant participating in managing and operating enterprises; they are responsible according to the approved project content and the laws on civil servants.

Article 29. Obligations of Civil Servants as Authorized Representatives of Public Scientific and Technological Organizations at Enterprises and Civil Servants Participating in Managing and Operating Enterprises

Civil servants as authorized representatives of public scientific and technological organizations at enterprises and civil servants participating in managing and operating enterprises must fulfill their obligations as civil servants according to the laws on civil servants, business laws, and within the scope of powers and responsibilities determined in the content of the approved project for establishment or participation in establishment, contribution of capital to enterprises.

Chapter IV

POLICIES FOR HUMAN RESOURCES AND TALENTS IN THE FIELD OF SCIENCE, TECHNOLOGY, AND INNOVATIONSCIENCE, TECHNOLOGY, AND INNOVATION

Section 1.

POLICIES FOR INDIVIDUALS ENGAGED IN SCIENCE,TECHNOLOGY, AND INNOVATION

Article 30. Scientific Titles and Technological Titles

1. Scientific titles include:

a) Research Assistant (Grade IV);

b) Researcher (Grade III);

c) Senior Researcher (Grade II);

d) Distinguished Researcher (Grade I).

2. Technological titles include:

a) Technician (Grade IV);

b) Engineer (Grade III);

c) Senior Engineer (Grade II);

d) Distinguished Engineer (Grade I).

3. The Minister of Science and Technology shall promulgate standards for scientific titles and technological titles.

Article 31. Recruitment into Civil Service for Individuals Engaged in Science, Technology, and Innovation

1. Individuals engaged in science, technology, and innovation who meet the requirements of the job position corresponding to a scientific title or a technological title shall be considered for recruitment into civil service and enjoy corresponding policies without having to undergo the probation period.

2. The procedures, formalities, and authority for considering recruitment into civil service shall be carried out in accordance with the laws on civil servants.

Article 32. Appointment to higher scientific or technological titles without regard to years of service

1. A civil servant holding a scientific or technological title who has a doctoral degree or outstanding works and high awards in science, technology, and innovation shall be considered for appointment to a higher title without regard to years of service.

2. Outstanding achievements and results in the fields of science, technology, and innovation include:

a) Being awarded a doctoral degree;

b) Holding the title of professor or associate professor;

c) Receiving reputable domestic or international awards in the fields of science, technology, and innovation;

d) Participating in implementing scientific, technological, and innovation tasks;

đ) Having scientific articles published in reputable domestic or international journals, monographs, or textbooks;

e) Being the author of an invention patent or protected plant variety;

g) Serving as the director, leader, or head of a project or work on developing, applying, or deploying technology or other tasks as prescribed by specialized laws.

3. Each achievement or result from scientific, technological, and innovation activities can only be used once to consider special appointment to a higher scientific or technological title without regard to years of service.

4. The procedures, formalities, and authority for appointment to higher scientific or technological titles without regard to years of service shall be carried out according to the regulations of the law on considering promotion of civil servant occupational titles.

5. The Minister of Science and Technology shall issue detailed guidelines on achievements and results from scientific, technological, and innovation activities that can be used to consider appointment to higher scientific or technological titles without regard to years of service.

Article 33. Special salary increase for individuals with outstanding achievements in scientific, technological, and innovation activities

1. A civil servant holding a scientific or technological title during the current salary grade period, who is evaluated and classified as having satisfactorily completed their duties or better, and who has not been subject to disciplinary action, may be considered for a special salary increase if they achieve one of the following accomplishments:

a) Leading a special scientific, technological, or innovation task, or a national special scientific, technological, or innovation program that has been evaluated at the end of the term and achieved the set goals and objectives;

b) Being awarded a State Medal of Vietnam for outstanding achievements in the fields of science, technology, and innovation;

c) Being awarded the title of National Labor Hero;

d) Being awarded the title of National Model Worker.

2. Individuals meeting the provisions of Clause 1 of this Article may be considered for a special salary increase of up to two salary grades and shall not be eligible for consecutive special salary increases.

3. The head of a public institution engaged in scientific, technological, and innovation activities shall decide on special salary increases for civil servants holding scientific or technological titles in accordance with the regulations.

Article 34. Benefits for individuals with the titles of professor or associate professor working in public science and technology organizations

Civil servants in science and technology organizations holding the titles of professor or associate professor shall enjoy policies and benefits equivalent to those of persons holding comparable titles in public higher education institutions if such policies and benefits are more advantageous.

Article 35. Financial Support for Post-doctoral Researchers, Doctoral Candidates, and Master's Program Students

Post-doctoral researchers, doctoral candidates, and master's program students may be considered for financial support for research activities from the state budget in accordance with the detailed regulations and guidance on scientific and technological programs and innovation tasks as stipulated in the Government’s Decree detailing and guiding certain provisions of the Law on Science, Technology, and Innovation regarding scientific and technological programs and innovation tasks and some provisions to promote scientific research, technological development, and innovation activities.

Article 36. Financial Support for Outstanding Scientists with Notable Achievements in Scientific Research and Technological Development

Outstanding scientists with notable achievements in scientific research and technological development may be considered for funding to independently implement groundbreaking and highly applicable scientific research and technological development ideas that contribute to economic and social development, national defense, and security, in accordance with the detailed regulations and guidance on scientific and technological programs and innovation tasks as stipulated in the Government’s Decree detailing and guiding certain provisions of the Law on Science, Technology, and Innovation regarding scientific and technological programs and innovation tasks and some provisions to promote scientific research, technological development, and innovation activities.

Article 37. Preferential Policies for Overseas Vietnamese Experts and Scientists, and Foreign Experts and Scientists

1. Overseas Vietnamese experts and scientists, and foreign experts and scientists shall enjoy policies as prescribed in the Government’s Decree on mechanisms and policies to attract science and technology experts, innovators, and digital transformation professionals and related regulatory legal documents.

2. Overseas Vietnamese experts and scientists, and foreign experts and scientists participating in scientific and technological activities and innovation in Vietnam may be hired to hold leadership and management positions at public science and technology organizations; they may also be assigned to lead the implementation of scientific and technological tasks and innovation projects funded by the state budget.

3. The process of hiring overseas Vietnamese experts and scientists, and foreign experts and scientists to hold leadership and management positions at public science and technology organizations shall be carried out according to the expert selection procedures stipulated in the Government’s Decree on mechanisms and policies to attract science and technology experts, innovators, and digital transformation professionals and related regulatory legal documents.

Article 38. Training and Capacity Building for Science, Technology, and Innovation Human Resources

1. Plan for Training and Capacity Building of Science, Technology, and Innovation Human Resources

a) Ministries, ministerial-level agencies, government agencies, provincial People's Committees, and science and technology organizations shall develop training and capacity building plans consistent with their human resource development plans;

b) The Ministry of Education and Training shall take the lead and coordinate with the Ministry of Science and Technology and relevant ministries and sectors to develop undergraduate and postgraduate training plans consistent with industry and field orientations and practical needs;

c) The Ministry of Science and Technology shall take the lead in developing specialized training and capacity building plans to enhance professional expertise, management skills, and the development of outstanding and strong research groups in the fields of science, technology, and innovation.

2. Organization of Training and Capacity Building Activities

a) The Ministry of Science and Technology shall organize activities such as group-based training and capacity building, strategic and key area expert training, post-doctoral research, and professional and managerial skill enhancement in science, technology, and innovation;

b) The Ministry of Education and Training shall organize training in accordance with the Higher Education Law;

c) Training and capacity building can be organized domestically or internationally through short-term and long-term training, internships, or limited-term work at reputable science and technology organizations, or through participation in scientific and technological tasks and innovation projects.

Section 2.

POLICIES FOR PREFERENTIAL TREATMENT OF TALENTED YOUNG SCIENTISTSTALENTED YOUNG ENGINEERS

Article 39. Talented Young Scientists

1. General Standards

a) Having a clear background and good morals;

b) Not violating any of the prohibited acts stipulated in Article 14 of the Law on Science, Technology, and Innovation.

2. Specific Standards

A talented young scientist is a Vietnamese citizen under 35 years old, holding a doctoral degree, actively working in the fields of science, technology, and innovation, and meeting one of the following criteria:

a) Receiving a reputable domestic or international award in the field of science, technology, and innovation;

b) Being the main author of at least five scientific papers published in reputable international journals according to the regulations of the Ministry of Science and Technology;

c) Being the principal investigator of a scientific, technological, and innovation task within the framework of the national science, technology, and innovation program, which has been evaluated at the end of the period and achieved the set results and goals;

d) In the case of working in the field of social sciences and humanities: having at least five scientific papers published in journals with ISSN codes included in the annual point calculation list of the Interdisciplinary Council of Professors, among which there must be at least three scientific papers published in reputable international journals according to the regulations of the Ministry of Science and Technology.

3. Preferential policies for talented young scientists

a) Being prioritized for recruitment as civil servants;

b) Being provided conditions to form strong research groups and allocated funds to implement research ideas in their specialized fields according to the regulations on expenditures for implementing scientific research and technological development tasks;

c) Being prioritized for sending abroad and reimbursed for internship and short-term work expenses;

d) Being considered by competent authorities to be assigned as the principal investigator of scientific, technological, and innovation tasks;

đ) Enjoying other preferential policies as prescribed by the Government.

4. The head of a public service unit decides to implement preferential policies for talented young scientists under their management authority.

Article 40. Talented Young Engineers

1. General Standards

a) Having a clear background and good morals;

b) Not violating any of the prohibited acts stipulated in Article 14 of the Law on Science, Technology, and Innovation.

2. Specific Standards

A talented young engineer is a Vietnamese citizen under 35 years old, holding a bachelor's degree or higher, working in organizations or enterprises operating in the fields of science, technology, and innovation, and meeting one of the following criteria:

a) Being the principal investigator, main member, or chief engineer of a research and development, technology transfer, or innovation project that achieves high economic and social benefits, recognized or awarded by management agencies, professional associations, or authorized organizations;

b) Being the author of at least one protected invention that has been practically applied and brought about significant economic and social benefits;

c) Playing a key role in designing, manufacturing, and successfully testing new technical products with high applicability; or being the main author of at least three scientific papers published in reputable international journals according to the regulations of the Ministry of Science and Technology;

d) Being the founder or co-founder of a startup based on new technology, successfully raising capital from venture funds or having a product accepted by the market and generating considerable revenue.

 3. Preferential policies for talented young engineers

a) Being prioritized for recruitment as civil servants and enjoying an additional allowance equal to 150% of the current salary grade for a period of five years from the date of recruitment decision; the additional allowance is not used to calculate contributions to mandatory social insurance, health insurance, and unemployment insurance;

b) Being provided conditions to form strong research groups and allocated funds to implement research ideas in their specialized fields according to the regulations on expenditures for implementing scientific research and technological development tasks;

c) Being prioritized for sending abroad and reimbursed for internship and short-term work expenses; supported in paying training and advanced study expenses abroad;

d) Being considered by competent authorities to be assigned as the principal investigator of scientific, technological, and innovation tasks.

4. The head of a public service unit decides to implement preferential policies for talented young engineers under their management authority.

Section 3.

ATTRACTING AND UTILIZING TALENTSIN THE FIELDS OF SCIENCE, TECHNOLOGY, AND INNOVATION

Article 41. Policy for Attracting and Utilizing Talents in Science, Technology, and Innovation

1. During the performance of scientific, technological, and innovation tasks, talents shall enjoy the following attraction and utilization policies:

a) Receiving a salary level agreed upon in the labor contract, ensuring commensurability with the assigned tasks and alignment with the prevailing wage levels in the relevant scientific, technological, and innovation fields in the labor market;

b) Annual bonuses based on the evaluation of task completion results, with a maximum amount not exceeding six months' salary according to the contract;

c) Initial support of one month's salary as recorded in the labor contract for stabilizing accommodation, relocation, and essential purchases;

d) Payment of research travel expenses and scientific exchange abroad when dispatched by the leading agency, organization, or unit responsible for scientific, technological, and innovation programs, tasks, or projects as required by the mission;

đ) Payment of expenses for organizing international specialized scientific conferences in Vietnam;

e) Consideration and appointment to leadership and management positions by public science and technology organizations without needing to meet conditions regarding tenure, planning, and other requirements if the organization has such needs;

g) Arrangement of suitable accommodation;

h) Recognition and nomination for awards and titles in scientific, technological, and innovation fields according to the law;

i) Annual financial support of up to one month's salary as recorded in the labor contract for rest and recuperation;

k) Provision of a voluntary health care package for talents and their families (including spouse or children under 18 years old) annually, with a maximum of two percent of the talent's annual salary according to the labor contract;

l) Priority admission to public educational institutions in the place of residence for children under 18 years old;

2. For talents performing basic research tasks, in addition to the benefits stipulated in Clause 1 of this Article, they shall enjoy the following policies:

a) Ensuring funding for the use of national key laboratories, high-tech research facilities, or national innovation centers;

b) Payment of expenses for hiring research assistants and technicians to serve scientific, technological, and innovation tasks;

3. For talents performing applied research and technology development tasks, in addition to the benefits stipulated in Clause 1 of this Article, they shall enjoy the following policies:

a) Payment of expenses for participating in major global technology fairs as required by the mission;

b) Payment of expenses for hiring research assistants and technicians to serve scientific, technological, and innovation tasks;

4. For talents performing innovation tasks, in addition to the benefits stipulated in Clause 1 of this Article, they shall enjoy the following policies:

a) Payment of expenses for attending international startup events, conferences, and forums to promote products, connect with investors, and partners as required by the mission;

b) Payment of expenses to organize connection programs with domestic and foreign experts and investors to promote and develop products, expand markets as required by the mission;

5. For talents performing social solution development tasks, in addition to the benefits stipulated in Clause 1 of this Article, they shall be reimbursed for expenses related to conducting surveys, research, and learning from international models as required by the mission;

6. Based on the criteria for talents specified in Clause 1 of Article 54 of the Law on Science, Technology, and Innovation, agencies and organizations utilizing talents shall propose funding for implementing attraction and incentive policies for talents, to be submitted to the competent authority responsible for assigning scientific, technological, and innovation tasks for consideration and decision;

7. In addition to the preferential policies stipulated in Clauses 1, 2, 3, 4, and 5 of this Article, based on the strategic and focal development directions of the country and locality, ministries, sectors, central agencies, and localities may proactively issue mechanisms and additional support levels for scientific, technological, and innovation talents working within their jurisdiction;

Chapter V

AWARDS BY MINISTRIES, SECTORS, LOCALITIES, AND ORGANIZATIONS,INDIVIDUALS FOR SCIENCE, TECHNOLOGY, AND INNOVATION

Section 1.

SETTING AWARDS AND ORGANIZING AWARD CONFERENCES ONSCIENCE, TECHNOLOGY, AND INNOVATION

Article 42. Provisions on Establishing Science, Technology, and Innovation Awards

1. Ministries, ministerial-level agencies, government agencies, central state agencies, provincial People's Committees, and centrally governed city People's Committees (hereinafter referred to as ministries, sectors, and localities) shall establish awards to present to individuals and organizations that are authors or co-authors of outstanding works in scientific, technological, and innovation activities, which have brought about positive impacts and influences contributing to the development of their respective fields within their functional management scope, thereby promoting economic and social development.

2. Organizations and individuals, both domestic and foreign, may establish awards to present to individuals and organizations that are authors or co-authors of outstanding works in scientific, technological, and innovation activities, which have brought about positive impacts and influences contributing to scientific, technological, and innovation activities in Vietnam, thereby promoting economic and social development.

3. The naming of awards must comply with the following principles:

a) Not being identical or causing confusion with the names of previously announced and used science, technology, and innovation awards;

b) Not using the name of an organization or individual without their consent or that of their legal representative or the competent state agency;

c) Not infringing upon the interests of the State, rights, and legitimate benefits of organizations and individuals; not contravening societal ethics, traditional customs, and cultural traditions of the Vietnamese nation.

Article 43. Authority and Responsibility for Establishing and Organizing the Presentation of Science, Technology, and Innovation Awards

1. Ministries, sectors, and localities deciding to establish science, technology, and innovation awards shall be responsible for:

a) Issuing Regulations on Award Presentation, including main contents such as: the name of the award; the cycle and timing of the award presentation; the award recipients and fields; conditions and criteria for award presentation; the structure and amount of the award; application forms for award presentation; procedures and formalities for award presentation; the composition and operational principles of the award presentation council; service forms for award presentation work (registration form; summary report of scientific, technological, and innovation works; minutes of the award presentation council meeting and other forms; other relevant contents suitable to the characteristics of the sector, field, and specific conditions of the ministry, sector, or locality (if applicable));

Within thirty days from the date of issuing the Regulations on Award Presentation, ministries, sectors, and localities shall be responsible for sending the Regulations to the Ministry of Science and Technology for consolidation, monitoring, and management.

b) Implementing the award presentation process; recognizing the results of the award presentation and announcing and presenting the awards according to the Regulations on Award Presentation and laws on competition and rewards;

c) Ensuring financial resources, physical facilities, and necessary conditions to serve the organization of the award presentation and the award presentation.

2. Organizations and individuals establishing science, technology, and innovation awards and implementing the organization of the award presentation. To establish an award, organizations and individuals must submit registration applications and obtain approval from the competent state agency in accordance with Articles 50 and 51 of this Decree.

3. Agencies establishing and organizing the presentation of science, technology, and innovation awards shall comply with regulations related to scientific integrity and professional ethics as stipulated by laws on science, technology, and innovation; ensuring full implementation of intellectual property rights, personal rights, and legitimate benefits of organizations and individuals eligible for awards; complying with Clause 4, Article 4 of Government Decree No. 152/2025/NĐ-CP dated June 14, 2025, regarding the delegation of authority in the field of competition and rewards; detailed provisions and guidance on the implementation of certain articles of the Law on Competition and Rewards.

4. Agencies establishing and organizing the presentation of awards shall be responsible for managing data on award presentation results; implementing reporting systems on award presentation work as prescribed.

Section 2.

AWARDS OF MINISTRIES, SECTORS, AND LOCALITIESIN THE FIELDS OF SCIENCE, TECHNOLOGY, AND INNOVATION

Article 44. Organization of awarding prizes by ministries, sectors, and localities on science, technology, and innovation

1. Ministries, sectors, and localities shall decide to organize the awarding of prizes on science, technology, and innovation based on their functions, fields, scope of management, and specific conditions in accordance with the regulations on awarding prizes.

2. The budget for organizing the awarding of prizes and prize money shall be allocated from the state budget according to the current budget classification and from other lawful financial sources as prescribed by law.

3. The cycle and timing of organizing the prize, the time of announcement and award presentation shall be decided by ministries, sectors, and localities, ensuring compatibility with practical conditions and laws on competition and rewards.

 4. Within thirty days from the date of announcing the results of the prize awarding, ministries, sectors, and localities shall have the responsibility to report the results of the prize awarding to the Ministry of Science and Technology for the purpose of serving the work of consolidation, monitoring, and management.

Article 45. Conditions for awarding prizes by ministries, sectors, and localities on science, technology, and innovation

1. Individuals and groups who are authors or co-authors proposed for the awarding of science, technology, and innovation prizes must meet all of the following conditions:

a) Adhering well to the Party's guidelines, state policies, and laws;

b) Not violating prohibited acts stipulated in Article 14 of the Law on Science, Technology, and Innovation;

c) Complying with regulations related to scientific integrity and professional ethics as prescribed by laws on science, technology, and innovation.

2. Having scientific, technological, and innovative works that simultaneously meet the following requirements:

a) Belonging to a specialized field within the scope of management of ministries, sectors, or implemented at the locality and directly serving the development of ministries, sectors, or contributing to the economic, social, national defense, and security development of the locality;

b) Having been published or applied in practice up to the time of submitting the application for the prize awarding;

c) Other conditions specified by ministries, sectors, or localities (if any).

Article 46. Standards for awarding prizes by ministries, sectors, and localities on science, technology, and innovation

Ministries, sectors, and localities shall establish evaluation standards for scientific, technological, and innovative works to suit practical conditions. The criteria for evaluating works proposed for the prize awarding are as follows:

1. Novelty

The research results of the work are not copied, repeated, previously published, or introduce new approaches to known issues.

2. Creativity

The work must demonstrate creativity through proposing new, unique solutions or significant improvements over existing research, technologies, or methods.

3. Effectiveness

The work supplements new knowledge or makes scientific discoveries that have an impact on production and societal life or serves as a basis for building mechanisms, policies, and laws within the scope of management of ministries, sectors, or localities;

The work contributes to improving the quality of life, solving scientific, technological, and innovation issues meeting practical needs, having positive impacts, being exemplary, and promoting economic and social development, national defense, security, environmental protection, international integration, and directly serving the development of ministries, sectors, or localities.

4. Practical applicability

The work must have high feasibility, easy to implement, apply, or expand in practice, while being compatible with current economic, social, and technological conditions.

Article 47. Documents, Procedures, and Formalities for Awarding Prizes by Ministries, Sectors, and Localities on Science, Technology, and Innovation

1. Application Documents:

a) The original application form for awarding prizes;

b) The original summary report of scientific, technological, and innovation works;

c) Documentation proving publication or the original confirmation document of work application results;

d) Other relevant documentation related to the work (if any).

2. Procedures and formalities for awarding prizes by ministries, sectors, and localities shall be stipulated in point a, Clause 1, Article 43 of this Decree.

Article 48. Composition and Principles of Operation of the Prize Awarding Council of Ministries, Sectors, and Localities on Science, Technology, and Innovation

1. The Prize Awarding Council is established to organize the evaluation and selection of scientific, technological, and innovation works. The composition of the Council is as follows:

a) The Council consists of a Chairman, Vice Chairmen, and members. Members are managers, scientists, and experts with appropriate expertise and knowledge of the field of the proposed prize-winning work, the number of Council members is determined by ministries, sectors, and localities;

b) Council members must not have direct or indirect interests in the proposed award results, or other reasons that may affect the fairness and transparency of the selection process;

c) In necessary cases, the authority establishing the Council may invite representatives from organizations that have applied scientific, technological, and innovative works to attend Council meetings to provide additional information and professional opinions.

2. Principles of operation of the Council:

a) The Council operates based on principles of fairness, democracy, and objectivity; voting is conducted through secret ballot;

b) A meeting of the Council can only be held when at least three-quarters of the total number of members are present. The meeting must be chaired by the Chairman or the Vice Chairman authorized in writing by the Chairman;

c) Scientific, technological, and innovative works proposed for awarding prizes must receive at least eighty percent (80%) of the votes of Council members present at the meeting. In cases where the works proposed have equal vote percentages exceeding the award structure (if applicable), the Council will conduct another round of voting to select.

Article 49. Rights and Responsibilities of Individuals and Groups who are Authors or Co-authors Receiving Prizes from Ministries, Sectors, and Localities on Science, Technology, and Innovation

1. Individuals and groups who are authors or co-authors receiving prizes have the right:

a) To receive the award certificate issued by the competent authority;

b) To receive a cash prize not exceeding one hundred (100) times the base salary for each award;

c) To enjoy other benefits (if any) as prescribed in the Regulations on Awarding Prizes.

2. Individuals and groups who are authors or co-authors receiving prizes have the responsibility:

a) To comply with laws on competition and rewards, laws on science, technology, and innovation;

b) To provide truthful and complete information and documents serving the awarding process, archiving, compiling, statistics, and publicizing information related to the award according to the requirements of the competent authority;

c) Not to use titles or awards for purposes that violate the law or go against social customs and traditions;

d) To return physical items and cash prizes when violating the award regulations and legal provisions according to the decision to revoke the award made by the competent authority.

Section 3.

AWARDS FOR ORGANIZATIONS AND INDIVIDUALSIN THE FIELDS OF SCIENCE, TECHNOLOGY, AND INNOVATION

Article 50. Procedures for Establishing and Organizing the Awarding of Prizes by Organizations and Individuals Residing or Legally Operating in Vietnam

1. Organizations and individuals residing or legally operating in Vietnam have the right to propose the establishment and organization of awarding prizes related to science, technology, and innovation.

2. The registration dossier for establishing and organizing the awarding of prizes includes:

a) A registration form (original copy) according to Model No. 02 attached to this Decree;

b) A draft Regulation on the awarding of prizes, including the following contents: name of the prize, cycle and timing of the awarding; recipients and fields of the award; conditions and criteria for the award; structure and levels of the prize; application dossier for the award; procedures and formalities for the award; composition and principles of operation of the awarding committee.

3. Implementation process:

a) Organizations and individuals submit one set of registration dossier for establishing and organizing the awarding of prizes in accordance with Clause 2 of this Article directly or through postal service to the People's Committee of the province where the organization's main office is located or where the individual resides, or submit online to the People's Committee of the province via the National Public Service Portal;

b) Within twenty-five days from the date of receiving a complete and valid dossier, the People's Committee of the province shall be responsible for reviewing and issuing a document approving or not approving the establishment and organization of the awarding of prizes. In case of non-approval, the reasons must be clearly stated in writing.

Article 51. Procedures for Establishing and Organizing the Awarding of Prizes by Non-resident Organizations and Individuals Not Operating in Vietnam

1. Overseas Vietnamese, foreign organizations, and individuals not residing or operating in Vietnam have the right to propose the establishment and organization of awarding prizes related to science, technology, and innovation in Vietnam.

2. The registration dossier for establishing and organizing the awarding of prizes includes:

a) A registration form (original copy) according to Model No. 02 attached to this Decree;

b) A draft Regulation on the awarding of prizes, including the following contents: name of the prize, recipients, principles, conditions, criteria, procedures, formalities for the award, benefits for organizations and individuals receiving the prize, time of the awarding;

c) In case the documents in the dossier are in a foreign language, they must be accompanied by a certified Vietnamese translation in accordance with the provisions of the law.

3. Implementation process:

a) Organizations and individuals submit one set of registration dossier for establishing and organizing the awarding of prizes in accordance with Clause 2 of this Article directly or through postal service to the Ministry of Science and Technology, or submit online via the National Public Service Portal to the Ministry of Science and Technology;

b) Within twenty-five days from the date of receiving a complete and valid dossier, the Ministry of Science and Technology shall be responsible for issuing a document approving or not approving, in case of non-approval, the reasons must be clearly stated in writing;

c) If necessary, the Ministry of Science and Technology sends a document seeking opinions from relevant agencies. Agencies whose opinions are sought are responsible for replying in writing within ten days;

d) After the ten-day period, if no feedback is received, the Ministry of Science and Technology will proceed to process the dossier in accordance with the regulations.

Chapter VI

IMPLEMENTING PROVISIONS

Article 52. Application Provisions of Policies

1. In cases where scientific and technological human resources and innovation personnel meet the conditions to enjoy multiple policies and benefits under different regulations, they shall enjoy the highest policy and benefit according to the proposal of the agency or organization using such personnel.

2. Public scientific and technological organizations directly subordinate to public scientific and technological organizations shall implement autonomy and self-responsibility rights in accordance with the internal management regulations of the superior organization.

Article 53. Effective Date

1. This Decree takes effect from the date of issuance.

2. The provisions of the following documents cease to be effective upon the entry into force of this Decree:

a) Decree No. 40/2014/NĐ-CP dated May 12, 2014 of the Government on the use and promotion of individuals engaged in science and technology activities;

b) Decree No. 87/2014/NĐ-CP dated September 22, 2014 of the Government on attracting individuals engaged in science and technology activities who are overseas Vietnamese and foreign experts to participate in science and technology activities in Vietnam;

c) Decree No. 27/2020/NĐ-CP dated March 1, 2020 of the Government amending and supplementing some articles of Decree No. 40/2014/NĐ-CP dated May 12, 2014 of the Government on the use and promotion of individuals engaged in science and technology activities and Decree No. 87/2014/NĐ-CP dated September 22, 2014 of the Government on attracting individuals engaged in science and technology activities who are overseas Vietnamese and foreign experts to participate in science and technology activities in Vietnam;

d) Clause 2, Clause 3 of Article 1, Clause 3 of Article 4, Clause 1 of Article 5, Clause 2, Clause 3 of Article 6, Articles 22, 23, 24, 25, 26, 27, 28, 29 of Decree No. 18/2024/NĐ-CP dated February 21, 2024 of the Government on the Ho Chi Minh Prize, State Prize, and other prizes related to science and technology.

3. For the examination and acceptance of scientific and technological civil servants without competitive examinations; special appointment to higher ranks regardless of years of service; consideration of preferential policies for talented young scientists; attracting individuals engaged in science and technology activities who are overseas Vietnamese and foreign experts to participate in science and technology activities in Vietnam, which have been announced by competent authorities for examination organization or have received applications for examination before the entry into force of this Decree, shall continue to be implemented in accordance with Decree No. 40/2014/NĐ-CP, Decree No. 87/2014/NĐ-CP, and Decree No. 27/2020/NĐ-CP.

4. Scientific and technological prizes that have been launched and announced plans for awarding prizes before the entry into force of this Decree shall continue to be implemented in accordance with current regulations related to those prizes until the completion of the awarding process.

Article 54. Responsibility for Organizing Implementation

1. The Ministry of Science and Technology shall guide and inspect the implementation of policies stipulated in this Decree.

2. Ministries, ministerial-level agencies, government-affiliated agencies, and provincial People's Committees shall organize the implementation of the policies stipulated in this Decree, report on the results of such implementation to the Ministry of Science and Technology before March 1st each year for consolidation and monitoring.

3. State-owned scientific and technological organizations

Shall implement, be responsible to their immediate supervisory authorities and under the law for decisions made in exercising autonomy and self-responsibility; submit reports on the results of implementing the autonomous mechanism to their immediate supervisory authorities before February 15th each year for consolidation and reporting to the Ministry of Science and Technology.

Article 55. Responsibility for Implementation

The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees, and related organizations and individuals are responsible for enforcing this Decree.