Decree No. 50/2015/NĐ-CP on the establishment of the Vietnam-Korea Institute of Science and Technology

DECREE

Regarding the establishment of the Vietnam-Korea Institute of Science and Technology

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CWHEREAS pursuant to the Law Ton organization and operation of the Government dated December 25, 2001;

WHEREAS pursuant to the Law on Science and Technology dated May 18,June 2024;2004;13;

At the proposal of the Minister of Science and Technology,

h"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."the Government promulgates this Decree regarding the establishment lof the Vietnam-Korea Institute of Science and Technology.

Article 1. Establishment

1. Establish the Vietnam-Korea Institute of Science and Technology based on the Agreement between the Government of Vietnam and the Government of Korea.

2. The Vietnam-Korea Institute of Science and Technology (hereinafter referred to as the Institute) is a scientific and technological organization under the Ministry of Science and Technology, having legal personality, its own seal, and being able to open accounts at the State Treasury and commercial banks in accordance with the provisions of the law.

The Institute has its main office in Hanoi City and may establish branches and representative offices both domestically and abroad when necessary.

3. The Institute shall carry out tasks such as developing source technologies, researching and upgrading technologies serving strategic and key industries; developing national products and core products; developing integrated technologies to replace imported technologies, and other tasks as stipulated in the Charter of organization and operation.

Article 2. Organizational Structure

1. The organizational structure of the Institute includes the Institute Council, the Director, Deputy Directors, the Scientific Council, research and development units, and other units.

2. The Institute Council is the authority responsible for deciding on the development strategy, research orientation; organizational structure of subordinate units; personnel of the Director and supervising the activities of the Institute.

The Institute Council consists of a leader from the Ministry of Science and Technology as the Chairman, representatives of some Ministries and sectors, reputable scientists, and business representatives. Members of the Council do not receive salaries from the Institute.

3. The Director is the legal representative of the Institute: The Director is elected, dismissed by the Institute Council, and approved by the Minister of Science and Technology. Deputy Directors are appointed and relieved of their duties by the Director after being approved by the Institute Council.

4. The Scientific Council of the Institute is established by the Director, consisting of senior researchers of the Institute and reputable scientists both domestically and internationally. The Scientific Council advises the Director on academic issues, the content of specialized tasks of science and technology, and evaluates the results of science and technology of the Institute.

5. When the Institute is newly established, the Prime Minister decides on the Chairman and members of the Institute Council based on the proposal of the Minister of Science and Technology. After the Director and Deputy Directors are appointed and the Scientific Council begins operations, the Institute Council will be organized and operate according to the Charter of organization and operation of the Institute.

Article 3. Operation Mechanism

1. The Institute implements the autonomy mechanism applicable to public institutions that self-finance regular expenses and investment costs in accordance with Decree No. 16/2015/NĐ-CP dated February 14, 2015 of the Government on the autonomy mechanism of public institutions and other relevant laws. In addition, the Institute implements special mechanisms and policies as stipulated in this Decree.

2. The Institute decides on the operational plan and measures to implement the tasks specified in Clause 3, Article 1 of this Decree.

3. The Institute decides on the establishment, restructuring, dissolution, and functions, tasks, charters of organization and operation of units with legal personality and other units under the Institute.

4. The Institute decides on the structure and number of individuals directly engaged in science and technology at the Institute; decides on recruitment, termination of employment, utilization, appointment, dismissal, and implementation of incentive, reward, disciplinary, and management systems for individuals working at the Institute; decides on sending leaders and individuals working at the Institute for training, internships, work, assignments, participation in domestic and international scientific conferences and seminars.

5. The Institute operates under the mechanism of state orders, enterprises, and organizations and individuals. During the initial period of operation, the Institute receives support from the state in accordance with Article 4 of this Decree.

Article 4. Financial Mechanism

1. The state allocates corresponding capital for the Project to build the Institute in accordance with the commitment in the Agreement between the Government of Vietnam and the Government of Korea, while supporting investment capital for development from the state budget and mobilizing other legitimate sources to build modern infrastructure and equipment for research for the Institute.

2. The state supports the entire annual operating expenses and taxes payable by the Institute for a maximum period of 10 years. The level of support is based on the annual results, periodic three-year reviews, and annual audits of the Institute, moving towards gradually increasing financial autonomy.

3. The Institute applies a special financial mechanism similar to that of advanced universities established based on agreements between the Government of Vietnam and foreign governments, ensuring incentives for high-level foreign scientists, Vietnamese scientists both domestically and abroad to participate in scientific and technological activities at the Institute.

4. In addition to implementing audits in accordance with the law, the Institute conducts independent annual audits.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. The Minister of Science and Technology is responsible for:

a) Issuing the Charter of organization and operation of the Institute; issuing the Special Financial Regulations of the Institute after coordinating with the Minister of Finance;

b) Implementing the state management function over the Institute in the spirit of respecting the Institute's autonomy and responsibility.

2. The Ministry of Planning and Investment, the Ministry of Finance are responsible for balancing investment capital and operating funds of the Institute in accordance with the provisions of this Decree.

Article 6. Implementation Provisions

1. This Decree takes effect from July 15, 2015.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Heads of agencies and organizations, and related individuals are responsible for implementing this Decree./.