Decision No. 37/2015/QD-TTg stipulates the conditions for establishing Science and Technology Development Funds of Ministries, ministerial-level agencies, government agencies, provinces, and centrally governed cities.

 DECISION

Regulations on the establishment conditions

of science and technology development funds of Ministries,

agencies equivalent to Ministries, agencies under the Government, provinces, centrally governed cities

_________________________

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

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

Pursuant to Decree No. 95/2014/NĐ-CP dated October 17, 2014 of the Government on investment and financial mechanisms for scientific and technological activities;

At the proposal of the Minister of Science and Technology,

The Prime Minister issues this Decision to stipulate the conditions for establishing science and technology development funds of Ministries, agencies equivalent to Ministries, agencies under the Government, provinces, centrally governed cities.

Article 1. Scope of Regulation

This Decision stipulates the conditions for establishing science and technology development funds of Ministries, agencies equivalent to Ministries, agencies under the Government, provinces, centrally governed cities (hereinafter referred to as the Fund).

Article 2. Applicability

1. Ministries, agencies equivalent to Ministries, agencies under the Government (hereinafter referred to as the Ministry).

2. People's Committees of provinces and centrally-administered cities (hereinafter referred to as provincial People's Committees).

3. Other organizations and individuals related thereto.

Article 3. Conditions regarding human resources

1. Regarding quantity:

The personnel of the Fund shall be arranged according to actual conditions without increasing the total number of existing staff positions of the Ministry, provincial People's Committees.

The personnel may be full-time or part-time, with the Fund's Chief Accountant being a full-time position.

2. Regarding professional qualifications:

Personnel assigned to the organizational structure of the Fund must have appropriate qualifications for their positions.

For personnel intended to be appointed as the Fund's Executive Director, they must have a bachelor's degree or higher and at least five years of experience in managing science and technology.

For personnel intended to be appointed as the Fund's Chief Accountant, in addition to meeting the appointment criteria for Chief Accountants as prescribed by current laws, they must also have at least five years of experience in accounting work.

Article 4. Conditions regarding technical infrastructure

The Fund's office premises, equipment, and working tools shall be arranged within the existing technical infrastructure of the Ministry, provincial People's Committees. Specific conditions, standards, and norms shall be implemented in accordance with current laws and shall not increase management costs.

1. The registered capital of the Fund includes state budget funds and support and contributions from external sources. At the time of establishment, the minimum capital is 5 (five) billion VND, of which the portion from non-state budget sources must reach at least 10%.

The Fund is responsible for maintaining, preserving, and developing the registered capital from the state budget.

2. The Fund's capital is initially provided by the state budget, supplemented annually from the state budget allocation for scientific and technological activities, revenues from the Fund's operations, contributions from state-owned enterprises' science and technology development funds, entrusted funds from other ministries or provincial People's Committees, and legally sourced non-state budget funds to ensure stable, long-term, and effective operation of the Fund.

Article 6. Implementation Provisions

1. This Decision takes effect from October 25, 2015.

In cases where Ministries and provincial People's Committees have established Funds but have not yet met all the conditions stipulated in Articles 3 and 4 of this Decision, the Ministries and provincial People's Committees shall adjust accordingly within one year from the date this Decision takes effect. As for the conditions stipulated in Article 5 of this Decision, the Ministries and provincial People's Committees shall adjust within three years from the date this Decision takes effect.

2. Annually, the Ministers, Heads of agencies equivalent to Ministries, agencies under the Government, Chairmen of provincial People's Committees, centrally governed city People's Committees shall report to the Ministry of Science and Technology on the establishment and operational status of the Fund for the Ministry of Science and Technology to compile and report.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government are responsible for enforcing this Decision./.