Consolidated Document number 3896/VBHN-BNG Decree stipulates on attracting individuals engaged in science and technology who are overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam.

DECREE
Regulations on attracting individuals engaged in science and technology
who are overseas Vietnamese and foreign experts
to participate in science and technology activities in Vietnam

Government Decree No. 87/2014/ND-CP dated September 22, 2014, issued by the Government regarding regulations on attracting individuals engaged in science and technology who are overseas Vietnamese and foreign experts to participate in science and technology activities in Vietnam, which took effect from November 10, 2014, has been amended and supplemented by:

Government Decree No. 27/2020/ND-CP dated March 1, 2020, issued by the Government amending and supplementing certain provisions of Decree No. 40/2014/ND-CP dated May 12, 2014, issued by the Government on the use and promotion of individuals engaged in science and technology and Decree No. 87/2014/ND-CP dated September 22, 2014, issued by the Government on regulations for attracting individuals engaged in science and technology who are overseas Vietnamese and foreign experts to participate in science and technology activities in Vietnam, which took effect from April 15, 2020.

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;

At the request of the Minister of Foreign Affairs,

the Government issues this Decree on regulations for attracting individuals engaged in science and technology who are overseas Vietnamese and foreign experts to participate in science and technology activities in Vietnam.[1]

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates policies for attracting, decision-making authorities, and procedures for approving the use of individuals engaged in science and technology who are overseas Vietnamese and foreign experts to participate in science and technology activities in Vietnam; responsibilities of relevant agencies, organizations, and individuals in implementing these regulations.

Article 2. Applicability

1. Individuals engaged in science and technology who are overseas Vietnamese participating in science and technology activities in Vietnam (hereinafter referred to as overseas Vietnamese).

2. Individuals engaged in science and technology who are foreign experts participating in science and technology activities in Vietnam (hereinafter referred to as foreign experts).

3. Agencies and organizations using the subjects specified in Clause 1 and Clause 2 of this Article and other related agencies, organizations, and individuals.

Article 3. Conditions for applying attraction policies[2]

1. Overseas Vietnamese and foreign experts shall enjoy the policies stipulated in this Decree when they lead or participate in important scientific and technological tasks that have national-level influence or make substantial contributions to Vietnam's economic and social development or to a specific locality, or to the development of specialized fields of science and technology in Vietnam, and meet one of the following conditions:

a) They hold patents or plant varieties protected by intellectual property rights certificates and have been applied and transferred to produce practical products, or possess deep expertise and experience in fields relevant to the scientific and technological tasks being implemented in Vietnam and are currently working in research departments of Research Institutes, Universities, or reputable enterprises abroad;

b) They have outstanding scientific and technological research works, have won scientific and technological awards, or have been widely applied with significant effects, aligning with the scientific and technological tasks being implemented in Vietnam;

c) They hold a doctoral degree and have been teaching and participating in scientific research and technological development for at least three years in reputable research institutions abroad in fields relevant to the scientific and technological tasks being implemented in Vietnam;

d) They hold a doctoral degree and have worked for at least three years in a research position in international cooperation programs or research departments of reputable enterprises abroad in the field of science and technology.

2. Based on actual circumstances and upon the request of agencies requiring the use of overseas Vietnamese and foreign experts to participate in science and technology activities in Vietnam, ministries, ministerial-level agencies, government-affiliated agencies, and provincial People's Committees shall coordinate with the Ministry of Science and Technology to report and seek the Prime Minister's opinion to consider and decide on the application of attraction policies for cases not meeting the conditions stipulated in Clause 1 of this Article but can prove their ability to effectively contribute when participating in science and technology activities in Vietnam.”

Chapter II. POLICIES FOR ATTRACTING

Article 4. Policies on Entry and Exit and Residency

1. Overseas Vietnamese and foreign experts, along with their family members (including parents, spouse, biological children, adopted children under 18 years old), are the subjects regulated by this Decree and shall be granted multiple-entry visas or Temporary Residence Cards in accordance with the maximum duration prescribed by laws on entry and exit and residency for foreigners in Vietnam.

2. Overseas Vietnamese and foreign experts who have been awarded medals or honorary titles by the State of Vietnam or are currently residing temporarily in Vietnam shall be considered for Permanent Residence Cards in accordance with the laws on entry and exit and residency for foreigners in Vietnam.

Article 5. Policies on Recruitment, Labor, and Education

1.[3] During their work in Vietnam, overseas Vietnamese may be hired to hold leadership positions in public scientific and technological organizations; assigned to lead scientific and technological tasks using state budget funds at all levels; and recognized and appointed to scientific and technological titles in accordance with the Law on Science and Technology.

2. Foreign experts during their work in Vietnam may be hired to hold leadership positions in scientific and technological organizations; assigned to lead scientific and technological tasks.

3. Overseas Vietnamese and foreign experts shall be facilitated in obtaining labor permits through simplified procedures and processes.

4. Family members of overseas Vietnamese and foreign experts (including parents, spouse, biological children, adopted children under 18 years old) shall be facilitated and supported in procedures when seeking employment and enrolling in educational and training institutions in Vietnam.

Article 6. Policies on Salary[4]

When performing scientific and technological tasks in Vietnam, overseas Vietnamese and foreign experts shall receive salaries based on agreements. The agreed salary level shall be determined based on:

1. The nature, scale, and impact of the scientific and technological task.

2. The qualifications, capabilities, and contributions of the individual.

3. The salary levels of equivalent positions in foreign organizations or wholly foreign-owned enterprises.

Article 7. Policies on Housing

Overseas Vietnamese and foreign experts shall be facilitated with accommodation or supported in renting accommodation during their participation in scientific and technological activities in Vietnam by the employing agencies or organizations.

Article 8. Policies on Access to Information

1. Prior to participating in scientific and technological activities in Vietnam, overseas Vietnamese and foreign experts shall be provided information and advice on directions and priority fields of scientific and technological development in Vietnam and organizations that have needs and potential for cooperation.

2. During the implementation of scientific and technological tasks in Vietnam, overseas Vietnamese and foreign experts shall be provided necessary information related to their professional activities by the employing agencies or organizations.

3.[5] Domestic agencies and organizations shall be responsible for publicly disclosing detailed information in accordance with the law and actively promoting information about programs, projects, and scientific and technological tasks requiring the participation and cooperation of overseas Vietnamese and foreign experts (detailed information about cooperative tasks; requirements for overseas Vietnamese and foreign experts when participating in cooperation, rights and obligations regarding the job; commitments to facilitate cooperation and other necessary information).

Article 9. Policy on Awards and Honors

Overseas Vietnamese and foreign experts who have made significant contributions to the development of science and technology in Vietnam shall be considered for honorary scientific titles, commemorative medals for their scientific career, or other forms of honor and awards as prescribed by law.

Article 10. Other Policies

In addition to the policies stipulated in Articles 4, 5, 6, 7, 8, and 9 of this Decree,overseas Vietnamese and foreign experts shall enjoy the following rights and policies:

1. Overseas Vietnamese shall enjoy the rights prescribed in Article 20 of the Law on Science and Technology.

2. Overseas Vietnamese and foreign experts shall enjoy the following policies:

a) They shall be entitled to the maximum tax benefits as prescribed by law;

b) They shall be allowed to transfer legitimate income abroad in accordance with the regulations on foreign exchange management and other relevant laws of Vietnam; in cases where legitimate income is in Vietnamese currency, they shall be permitted to purchase foreign currency to transfer abroad;

c) The agencies and organizations using them shall ensure favorable conditions for working rooms, equipment, materials, laboratories, experimental facilities, and other necessary conditions to carry out scientific and technological tasks in Vietnam;

d) They shall be allowed to use national key laboratories and other key laboratories free of charge to implement national-level scientific and technological tasks funded by the state budget;

đ) They shall be provided with access to literature, books, journals, and internet services for professional activities;

e)[6] During the period of participating in scientific and technological activities in Vietnam, they shall be supported with funds to attend international scientific conferences related to ongoing cooperative projects in Vietnam, not exceeding once a year; they shall be supported with funds to organize scientific and technological seminars appropriate to their field of expertise in Vietnam; they shall be supported with funds to publish research results in reputable international scientific journals, apply for intellectual property protection for inventions, and register plant variety protection as outcomes from cooperation with Vietnamese scientific and technological agencies and organizations. The support funds mentioned herein shall be allocated from the National Science and Technology Development Fund or from other lawful sources (if available);

g) They shall be provided with transportation means if they head major national-level scientific and technological tasks;

h) They shall enjoy other benefits agreed upon with the using agencies and organizations if such benefits comply with the provisions of the law.

i)[7] They shall participate in programs and projects aimed at enhancing cooperation and attracting overseas Vietnamese and foreign experts to engage in scientific and technological activities in Vietnam.

Chapter III. AUTHORITY TO DECIDE AND APPROVAL PROCEDURES FOR USE

Article 11. Authority to Decide on the Use of Overseas Vietnamese and Foreign Experts

1. Ministries, ministerial-level agencies, government agencies, provincial People's Committees, and municipal People's Committees directly under the central government (hereinafter referred to as provincial People's Committees), and National Universities shall decide on the use of overseas Vietnamese and foreign experts of subordinate public agencies and organizations.

2. Agencies and organizations outside the public sector shall decide on the use of overseas Vietnamese and foreign experts within their own agencies and organizations.

Article 12. Approval Procedures for the Use of Overseas Vietnamese and Foreign Experts

1. Public agencies and organizations proposing the use of overseas Vietnamese and foreign experts to participate in specific programs and projects for scientific and technological activities shall submit proposals to the competent authority as prescribed in Clause 1 of Article 11 of this Decree. The proposal content shall include documents proving compliance with the conditions stipulated in Clause 1 of Article 3 of this Decree.

The competent authority shall issue a written response approving or disapproving the proposal within 15 working days from receipt of the proposal; if disapproved, the reasons must be clearly stated. If opinions from the Ministry of Science and Technology and relevant ministries and agencies need to be sought, the time for the competent authority to respond shall not exceed 30 working days.

2. Non-public agencies and organizations wishing to propose the application of preferential policies of the State stipulated in this Decree for overseas Vietnamese and foreign experts working for their agencies and organizations must be recognized by the provincial People's Committee where their main office is located as meeting the conditions stipulated in Clause 1 of Article 3 of this Decree.

The provincial People's Committee shall issue a written confirmation or non-confirmation within 15 working days from receipt of the proposal; if not confirmed, the reasons must be clearly stated. If opinions from the Ministry of Science and Technology and relevant ministries and agencies need to be sought, the time for the provincial People's Committee to respond shall not exceed 30 working days.

Chapter IV. IMPLEMENTATION ORGANIZATION

Article 13. Sources of Funding

The funding for implementing the policy to attract overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam as stipulated in this Decree includes:

1. For public agencies and organizations: Utilize funds from the state budget according to the current classification level and other lawful financial sources as prescribed by law.

2. For non-public agencies and organizations: Utilize their own financial resources according to the provisions of the law.

Article 14. Responsibilities of Ministries, Agencies, and Localities

1. Ministry of Science and Technology:

a) Take the lead and coordinate with the Ministry of Foreign Affairs and relevant ministries and sectors to identify priority and key fields of science and technology that need to attract overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam during each period; provide information and advice on the orientation and priority fields of science and technology for development in Vietnam and organizations and institutions of science and technology with cooperation needs and potential for overseas Vietnamese and foreign experts;

b) Take the lead in implementing honors and awards for overseas Vietnamese and foreign experts participating in scientific and technological activities in Vietnam;

c)[8] Develop and organize the implementation of bilateral and multilateral cooperation programs in science and technology to support and attract overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam and promote cooperation in science and technology with domestic agencies, units, and organizations of science and technology.

2.[9] The Ministry of Science and Technology shall guide the criteria, conditions, procedures, and processes for hiring overseas Vietnamese and foreign experts to assume leadership positions in organizations of science and technology in Vietnam.

3. The Ministry of Foreign Affairs:

a) Direct the representative offices of the Socialist Republic of Vietnam abroad to promote and mobilize overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam;

b) Study and provide international experiences on attracting experts and intellectuals working in the field of science and technology to domestic ministries, sectors, and agencies.

c)[10] Take the lead and coordinate with ministries, sectors, and localities to introduce and provide information about mechanisms and policies; about the cooperation needs of overseas Vietnamese and foreign experts with domestic agencies, units, and organizations of science and technology; promote and connect cooperative activities and attraction efforts.

4. The Ministry of Finance and the Ministry of Planning and Investment shall balance and allocate state budget funds to implement tasks as prescribed in this Decree.

5. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Foreign Affairs to process entry-exit visas and temporary residence permits for overseas Vietnamese and foreign experts participating in scientific and technological activities in Vietnam.

6. The Ministry of Labor, Invalids and Social Affairs shall implement simplified procedures to issue work permits for overseas Vietnamese and foreign experts participating in scientific and technological activities in Vietnam.

7.[11] Ministries, ministerial-level agencies, People's Committees of provinces and centrally-administered cities:

a) Direct subordinate agencies and units to review and publicly announce plans for scientific and technological activities and scientific and technological tasks as prescribed by law to create conditions for overseas Vietnamese and foreign experts to participate in implementation; provide information about organizations and institutions of science and technology with cooperation needs and potential for overseas Vietnamese and foreign experts and publicly disclose information as prescribed at ).;

b) Develop and implement international cooperation programs and projects in science and technology to create conditions and attract overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam;

c) Coordinate with relevant ministries and sectors to implement the attraction policy in this Decree for eligible subjects as prescribed;

d) Report on the situation of utilization and attraction of overseas Vietnamese and foreign experts to the Ministry of Science and Technology and the Ministry of Foreign Affairs before November 20th each year, so that the Ministry of Science and Technology can compile and report to the Prime Minister."

Chapter V. IMPLEMENTATION PROVISIONS[12]

Article 15. Effective Date

This Decree takes effect from November 10, 2014.

Article 16. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial and centrally-administered city People's Committees, Heads of agencies, organizations, and individuals concerned are responsible for enforcing this Decree./.