Decree No. 54/2016/NĐ-CP on the autonomy mechanism for public scientific and technological organizations

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 54/2016/NĐ-CP	Hanoi, June 14, 2016

DECREE

REGULATIONS ON THE AUTONOMOUS MECHANISM OF PUBLIC SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS

Pursuant to the Law on Government Organization dated June 19 the 2015;

Pursuant to the State Budget Law dated December 25 the 2015;

Pursuant to the Law on State Asset Management and Utilization dated June 3, 2008; reasonPursuant to the Law on Civil Servants dated June 15,

The Government promulgates this Decree stipulating the autonomous mechanism of public scientific and technological organizations. the Law amending and supplementing certain articles of the Civil Servants Law and the Public Officials Law on November 25

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

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

Chapter I

hograms andThis Decree stipulates the autonomous mechanism of public scientific and technological organizations.

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. Scope of Application

Article 2. Applicability

1. This Decree applies to public scientific and technological organizations established by competent authorities as specified in points a, b, c, d, đ, e, and g of Clause 1, Article 12 of the Law on Science and Technology.

2. This Decree does not apply to public scientific and technological organizations that are higher education institutions.

3. Public scientific and technological organizations under the Ministry of National Defense, the Ministry of Public Security, political organizations, and political-social organizations shall apply the provisions of this Decree and other relevant regulations.

Article 3. Autonomous Rights of Public Scientific and Technological Organizations

1. The autonomous rights of public scientific and technological organizations include financial autonomy, implementation of tasks, organizational structure, personnel management, and asset management and utilization.

2. Public scientific and technological organizations specified in points b, c, and d of this Article shall be fully funded by the State for investment expenses.

a) Public science and technology organizations self-funding regular expenses and investment costs;

b) Public science and technology organizations self-funding regular expenses;

c) Public science and technology organizations partially self-funding regular expenses;

d) Public science and technology organizations with regular expenses funded by the State.

Article 4. Types of Tasks of Public Scientific and Technological Organizations Using State Budget

1. Scientific and technological tasks.

Scientific and technological tasks using the state budget shall be selected and assigned by competent authorities to public scientific and technological organizations for implementation in accordance with current regulations.

2. Regular tasks according to functions.

a) Regular tasks according to functions of public scientific and technological organizations are tasks other than scientific and technological tasks as stipulated in Clause 1 of this Article, consistent with their functions and tasks as prescribed in the decision on establishment, charter, or organizational and operational regulations of

public scientific and technological organizations; organization b) Regular tasks according to functions shall be commissioned or directly assigned by competent authorities to public scientific and technological organizations and implemented through a process leading to final products;

c) Authority to approve the list, description, budget estimate, and settlement of funds for implementing regular tasks according to functions;transfer The head of the first-level budget unit has the authority to approve the list, description, budget estimate, and settlement of funds for implementing regular tasks according to functions of public scientific and technological organizations under their management.

The head of the first-level budget unit may delegate the authority to the head of the second-level budget unit to approve the list, description, budget estimate, and settlement of funds for implementing regular tasks according to functions of subordinate public scientific and technological organizations.

d) Development, organization, implementation, evaluation, and acceptance of regular tasks according to functions;

Annually, public scientific and technological organizations shall base on the assigned functions and tasks to establish a list and budget estimate for implementing regular tasks according to functions to submit to the head of the competent authority for review, approval, and signing of the implementation contract.

Upon completion of the task, public scientific and technological organizations shall be responsible for preparing a report on results for the competent authority to evaluate and accept, serving as the basis for reviewing and assigning or not assigning the implementation of tasks in the following year.

đ) Funds for implementing regular tasks according to functions;

Funds for implementing regular tasks according to functions include: salaries, wages, contributions based on salaries of direct and indirect personnel involved in the tasks; direct and indirect costs serving the implementation of the tasks; operating costs of the public scientific and technological organization's administrative apparatus for task implementation.

Standards for various expenditures in the budget estimate for implementing regular tasks according to functions shall be implemented in accordance with current regulations.

3. Public Services Using the State Budget.

Public scientific and technological organizations shall implement public services using the state budget according to the list of public services issued by the Prime Minister.

The pricing schedule for public services in the field of science and technology using the state budget shall be implemented in accordance with Decree No. 16/2015/NĐ-CP dated February 14, 2015.

The Government stipulates the autonomous mechanism of public service units.

4. Other tasks as decided by competent authorities. of The Government shall prescribe the autonomy mechanism for public service units.

4. Other tasks as decided by the competent authority.

Article 5. Preferential policies for public scientific and technological organizations

1. Public scientific and technological organizations shall enjoy preferential tax policies as prescribed by current regulations.

Public scientific and technological organizations that apply financial mechanisms similar to those of enterprises shall be entitled to preferential corporate income tax rates and exemptions and reductions on corporate income tax as provided for new enterprises established from high-tech projects, scientific research, and technology development projects, specifically: a) For PPP projects, the tenderer shall post the selection results of investors and attach the approval decision on the System no later than ten days from the date the document is issued in accordance with point b of Clause 2, Article 4 of Decree No. 35/2021/NĐ-CP. in the fields of high technology, scientific research and technological development, specifically:

a) A preferential tax rate of 10% for fifteen years;

b) Exemption from tax for up to four years and reduction of 50% of the tax payable for up to nine subsequent years;

The application of preferential tax rates as stipulated in this Article shall be calculated from the first year in which the public scientific and technological organization has taxable income from the date this Decree takes effect.

2. Organization Public scientific and technological organizations shall enjoy preferential credit policies:

a) Enjoying preferential investment credit policies of the Vietnam Development Bank;

b) Borrowing funds from the National Science and Technology Development Fund, the National Technological Innovation Fund, science and technology development funds at ministries, sectors, localities, and other funds to carry out scientific and technological activities as prescribed by current regulations;

c) Public scientific and technological organizations engaged in production, business, and service activities may borrow funds from credit institutions and raise capital from civil servants and employees within their units to expand and improve the quality of production, business, and service activities in accordance with their functions and tasks.

3. Public scientific and technological organizations shall enjoy other preferential policies as prescribed by current regulations.

Article 6. Financial transactions of public scientific and technological organizations

1. Public scientific and technological organizations shall open deposit accounts at commercial banks or State Treasury to reflect revenues and expenditures from production, business, and public service activities not using state budget funds. Interest on deposits is a source of revenue for the unit and shall be added to the Development Fund for Public Services or other funds as prescribed by current regulations; it shall not be added to the Income Fund. MANAGEMENT AND USE OF DEPOSITS AT THE ENVIRONMENT PROTECTION FUND income.

2. Organization Public scientific and technological organizations shall open accounts at the State Treasury to reflect budgetary funds, revenues from public services using state budget funds, and fees as prescribed by current regulations regarding fees and charges.

3. Public scientific and technological organizations specified in points a, b, and c of Clause 2, Article 3 of this Decree shall be issued a business registration certificate and use the seal of a public service unit for production, business activities.

Article 7. Financial obligations and internal expenditure regulations of public scientific and technological organizations

1. Public scientific and technological organizations engaged in production, business, and service activities shall register, declare, pay taxes, and other budgetary revenues (if any) as prescribed by current regulations.

2. Public scientific and technological organizations shall be responsible for establishing and promulgating internal expenditure regulations in accordance with guidelines of the Ministry of Science and Technology.

Chapter II

AUTONOMY RIGHTS OF PUBLIC SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS

Article 8. Financial autonomy of public science and technology organizations that self-finance their regular expenses and investment expenditures and public science and technology organizations that self-finance their regular expenses.

1. Sources of finance.

a) Revenue from scientific and technological activities, production, business, joint ventures, joint operations, and other lawful revenues;

b) Fees revenue according to laws on fees and charges retained for regular operational expenses and for purchasing, major repairs of equipment and assets serving fee collection;

c) Revenue from the state budget if authorized by competent authorities for the implementation of scientific and technological tasks, regular tasks according to functions, and public service activities;

d) Revenue from the state budget for implementing non-regular tasks if assigned by competent authorities, including: Program funds, project funds, other proposal funds; counterpart funds for projects; development capital; funds for purchasing equipment serving project activities approved by authorized bodies; funds for urgent tasks assigned by competent authorities; national year, program, project, proposal; counterpart funds for implementing projects; investment capital for development; funds for purchasing equipment to serve the operation of public services according to the approved project by the competent authority; funds for performing urgent tasks ||| assigned by the competent authority; business budgets, equipment, materials, supplies, - Is allowed to borrow preferential credit from the State or be supported with interest rates for investment projects using loans from financial institutions in accordance with regulations.

e) Capital from loans, grants, and sponsorships according to current regulations.

2. Use of financial resources

a) Public science and technology organizations specified in point a, Clause 2, Article 3 of this Decree:

- Based on needs a) For PPP projects, the tenderer shall post the selection results of investors and attach the approval decision on the System no later than ten days from the date the document is issued in accordance with point b of Clause 2, Article 4 of Decree No. 35/2021/NĐ-CP. and financial balancing capabilities, proactively build a list of investment projects and report to the approving authority. On the basis of the approved list of investment projects, the public science and technology organization decides on the investment projects, including the contents approving remediation and environmental recovery plans or remediation and environmental recovery plans scale, construction plan, total capital amount, sources of capital, phased deployment time according to current investment regulations. Based on requirements for of the unit, the State considers allocating capital for ongoing investment projects; development - Is entitled to borrow preferential credit from the State or be supported with interest rates for investment projects using loans from credit institutions according to regulations.

labor costs in the following year in case of reduced income sources;

b) Public science and technology organizations specified in points a and b, Clause 2, Article 3 of this Decree may proactively use the self-managed financial resources specified in points a, b, and c, Clause 1 of this Article for regular expenses, among which certain expenditure items are regulated Format of the material (erased, poorly written and difficult to read, not in accordance with formatting standards) as follows:

- Paying salaries to civil servants, officials, and employees according to rank, grade, job title category, position, and allowances prescribed by the State for public science and technology organizations. When the State adjusts the basic salary, the unit increases its self-funded salary from its own revenue;

- Operating expenses, management expenses:

For expenditure items that have established expenditure standards according to the regulations of competent state agencies, based on financial capacity, public science and technology organizations can decide on higher or lower expenditure levels than those set by competent state agencies and stipulated in the internal expenditure regulation of the unit;

For expenditure items without established expenditure standards according to the regulations of competent state agencies, based on actual conditions, public science and technology organizations establish appropriate expenditure levels according to the internal expenditure regulation and bear responsibility for their decisions;

- Depreciation of fixed assets: The depreciation amount of assets formed from state budget capital or with origins from the state budget is recorded in the Development Fund for Public Services.

c) Science and technology organizations use the financial resources specified in Points b, d, and đ, Clause 1 of this Article to cover non-regular task implementation costs according to current regulations.

d) Public science and technology organizations specified in Point a, Clause 2, Article 3 of this Decree implement state regulations or internal expenditure regulations of the unit regarding vehicle usage expense levels, standards, and quotas; housing standards and quotas; office phone installation standards and quotas at home and mobile phones; foreign travel allowance systems; foreign guest reception and international seminar systems in Vietnam.

Public science and technology organizations specified in Point b, Clause 2, Article 3 of this Decree must comply with state regulations on vehicle usage expense levels, standards, and quotas; housing standards and quotas; office phone installation standards and quotas at home and mobile phones; foreign travel allowance systems; foreign guest reception and international seminar systems in Vietnam.

3. Distribution of financial results

a) Annually, after fully accounting for all expenses, paying taxes, and other payments to the state budget, the surplus of revenue over regular expenses (if any) shall be used for:

- At least 25% to establish the Fund for Developing Service Activities;

- Establishing a Supplementary Income Fund:

Public science and technology organizations specified in Currency Exchange Agent No. 1 a, Clause 2, Article 3 of this Decree have no limit on establishing a Supplementary Income Fund;

Public science and technology organizations specified in Point b, Clause 2, Article 3 of this Decree establish a Supplementary Income Fund with a contribution rate not exceeding three times the fund of salary ranks, grades, job title categories, positions, and allowances prescribed by the State;

- Establishing a maximum Reward Fund and Welfare Fund not exceeding three months' salary and wages implemented in the year by the unit;

- Establishing other funds according to current regulations;

The establishment of funds and specific contribution rates for the Supplementary Income Fund, Reward Fund, and Welfare Fund, and other funds are decided by the head of the unit according to the internal expenditure regulation and must be publicly disclosed within the unit;

The surplus revenue exceeding expenditure remaining (if any) after setting up funds as prescribed shall be supplemented to the Fund for Developing Public Service Activities.

b) Using Funds

- The Fund for Developing Public Service Activities shall be used for the following purposes: investment in constructing physical facilities, technological innovation, purchasing equipment and working tools; developing public service activity capacity; scientific research and technological development; training and improving professional skills for civil servants, officials, and employees within the unit; contributing capital, joint ventures, and partnerships with organizations and individuals both domestically and internationally (for units assigned capital according to regulations) for production and business activities consistent with their functions and tasks, and other expenditures (if any).

- The supplementary income fund shall be used to supplement income for civil servants, officials, and employees and to reserve supplementary income for civil servants, officials, and employees in the following year in case of reduced income sources.1. Fulfilling requirements stipulated in Article 13 of Decree No. 135/2021/NĐ-CP.welfare; expenses for collective welfare activities of civil servants, officials, and employees within the unit; expenses for emergency hardship allowances for civil servants, officials, and employees, including those who have retired or taken leave due to health reasons; additional expenses for civil servants, officials, and employees implementing staff reduction according to the internal expenditure regulation of the unit.

Supplementary income for civil servants, officials, and employees shall be implemented based on the principle of linking it to the quantity, quality, and effectiveness of work as stipulated in the Internal Expenditure Regulations of the unit. Notably, the additional income coefficient for leadership positions shall not exceed twice the average additional income coefficient of civil servants, officials, and employees within the unit.

- The incentive fund shall be used to award regular and extraordinary incentives to collectives and individuals within and outside the unit (outside the current system of incentives and rewards) based on work performance and contributions to the unit's activities; the amount of the reward shall be decided by the head of the unit according to the Internal Expenditure Regulations of the unit.

- The welfare fund shall be used for building and repairing welfare facilities; funding collective welfare activities for civil servants, officials, and employees within the unit; providing emergency hardship allowances for civil servants, officials, and employees, including those retiring or losing their health; additional funding for civil servants, officials, and employees implementing staff reduction according to the Internal Expenditure Regulations of the unit. Installation After fully accounting for all expenses, paying taxes, and other payments to the state budget (if applicable) in accordance with regulations, the surplus of revenue over regular expenditures (if any) shall be utilized in the following sequence:

4. Borrowing and raising capital for investment and construction of physical facilities

Publicly-owned science and technology organizations specified in Point a Clause 2 Article 3 of this Decree may borrow and raise capital for investment and construction of physical facilities; quality of the document simultaneously poor quality of the documentthey may use assets formed from borrowed capital as collateral according to regulations. Borrowing, managing, and using borrowed capital shall be carried out according to current regulations.

5. Conditions, contents, and procedures for applying financial mechanisms similar to enterprises

Publicly-owned science and technology organizations specified in Point a Clause 2 Article 3 of this Decree may apply financial mechanisms similar to state-owned enterprises as stipulated in Article 21 of Government Decree No. 16/2015/NĐ-CP dated February 14, 2015, which regulates the autonomy of public service units.

Article 9. Financial Autonomy for Publicly-Owned Science and Technology Organizations Self-Supporting Part of Regular Expenditures and Publicly-Owned Science and Technology Organizations Fully Supported by the State for Regular Expenditures

1. Sources of Finance

a) Revenue from the state budget to implement science and technology tasks, regular tasks according to functions, and public services;

b) Revenue from the state budget to implement non-regular tasks including: program implementation costs for national target programs, other programs, projects, and proposals; counterpart funds for project implementation; development investment capital; procurement costs for equipment serving public service activities according to approved projects; costs for urgent tasks assigned by competent authorities; approving remediation and environmental recovery plans or remediation and environmental recovery plans c) Revenue from fees according to laws on fees and charges retained for regular operations and procurement, major repairs of equipment and assets serving fee collection;

d) Capital loans, aid, and sponsorships according to current regulations;

đ) Revenue from science and technology activities, production and business operations, joint ventures, and other revenues according to current regulations.

a) Publicly-owned science and technology organizations may proactively use the self-managed financial resources allocated as prescribed in Points a, c, đ Clause 1 of this Article to cover regular expenditures, with some expenditure items defined as follows:

2. Use of financial resources

- Paying salaries to civil servants, officials, and employees according to rank, grade, job title category, position, and state-prescribed allowances. When the state adjusts the basic salary, the unit will increase its self-funded salary from the prescribed sources, and any shortfall will be supplemented by the state budget;

- Professional activity expenses and management expenses: Based on assigned tasks and financial capacity, publicly-owned science and technology organizations can decide the level of professional activity expenses and management expenses, but the maximum shall not exceed the level prescribed by state agencies;

b) Publicly-owned science and technology organizations shall use the financial resources allocated as prescribed in Points b, c, d Clause 1 of this Article to cover non-regular task implementation expenses according to current regulations; approving remediation and environmental recovery plans or remediation and environmental recovery plans c) Publicly-owned science and technology organizations must comply with state regulations on expenditure levels, standards, and quotas for official vehicles; standards and quotas for office space; standards and quotas for official telephones at home and mobile phones; foreign travel expense regulations; foreign reception and international conference regulations in Vietnam.

a) Establishing funds

Annually, after fully accounting for all expenses, paying taxes, and other payments to the state budget (if any) as prescribed, the surplus of revenue over regular expenditure (if any) shall be utilized in the following sequence:

3. Distribution of financial results

- At least 20% shall be set aside to establish the Fund for Developing Public Service Activities for publicly-owned science and technology organizations specified in Point c Clause 2 Article 3 of this Decree that have self-supported more than 70% of regular expenditures; at least 15% shall be set aside to establish the Fund for Developing Public Service Activities for publicly-owned science and technology organizations specified in Point c Clause 2 Article 3 of this Decree that have self-supported between 30% and less than 70% of regular expenditures; at least 10% shall be set aside to establish the Fund

- At least 20% shall be allocated to establish a Fund for Developing Public Service Activities for public science and technology organizations stipulated in Point c Clause 2 Article 3 of this Decree that have self-financed more than 70% of regular expenditures; at least 15% shall be allocated to establish a Fund for Developing Public Service Activities for public science and technology organizations stipulated in Point c Clause 2 Article 3 of this Decree that have self-financed between 30% and less than 70% of regular expenditures; at least 10% shall be allocated to establish a Fund

d) Participate in bidding to implement production contracts, supply products, goods, and services in accordance with current regulations. development Activities of public scientific and technological organizations specified in Point c Clause 2 Article 3 of this Decree have self-financed less than 30% of regular expenses; allocate a minimum of 5% to establish a Fund for Developing Activities of Public Scientific and Technological Organizations as specified in Point d Clause 2 Article 3 of this Decree.

- Allocate to establish a Supplementary Income Fund not exceeding 2.5 times the salary fund for rank, grade, category of occupational title, position, and allowances prescribed by the State for public scientific and technological organizations specified in Point c Clause 2 Article 3 of this Decree that have self-financed more than 70% of regular expenses; not exceeding 2 times the salary fund for rank, grade, category of occupational title, position, and allowances prescribed by the State for public scientific and technological organizations specified in Point c Clause 2 Article 3 of this Decree that have self-financed from 30% to less than 70% of regular expenses; not exceeding 1.5 times the salary fund for rank, grade, category of occupational title, position, and allowances prescribed by the State for public scientific and technological organizations specified in Point c Clause 2 Article 3 of this Decree that have self-financed less than 30% of regular expenses; not exceeding 1 time the salary fund for rank, grade, category of occupational title, position, and allowances prescribed by the State for public scientific and technological organizations specified in Point d Clause 2 Article 3 of this Decree;

- Allocate to establish a Reward Fund and Welfare Fund not exceeding 2.5 months of actual salary and wages implemented in the year for public scientific and technological organizations specified in Point c Clause 2 Article 3 of this Decree that have self-financed more than 70% of regular expenses; not exceeding 2 months of actual salary and wages implemented in the year for organization public scientific and technological organizations specified in Point c Clause 2 Article 3 of this Decree that have self-financed from 30% to less than 70% of regular expenses; not exceeding 1.5 months of actual salary and wages implemented in the year for public scientific and technological organizations specified in Point c Clause 2 Article 3 of this Decree that have self-financed less than 30% of regular expenses and not exceeding 1 month of actual salary and wages implemented Industry and in the year for organization public scientific and technological organizations specified in Point d Clause 2 Article 3 of this Decree;

- Establishing other funds according to current regulations;

The allocation and specific levels of the Supplementary Income Fund, Reward Fund, Welfare Fund, and other funds shall be decided by the head of the unit according to the Internal Expenditure Regulations and must be made public within the unit;

The surplus revenue exceeding expenditure remaining (if any) after setting up funds as prescribed shall be supplemented to the Fund for Developing Public Service Activities.

b) Utilization of funds

Public scientific and technological organizations may utilize the Fund for Developing Activities of Public Scientific and Technological Organizations, Supplementary Income Fund, Reward Fund, and Welfare Fund as stipulated in Point b Clause 3 Article 8 of this Decree.

Article 10. Autonomy in Implementing Tasks

1. Plan Development

a) For scientific and technological tasks and public service tasks not using state budget, public scientific and technological organizations independently develop plans to implement these tasks and report to higher management bodies for monitoring;

b) For scientific and technological tasks, regular tasks according to functions, public service tasks, and other tasks using the state budget, public scientific and technological organizations develop plans to implement these tasks, report to competent authorities for approval and decide on the method of assigning plans to units for implementation.

2. Implementation of tasks

Public scientific and technological organizations have autonomy in implementing the following contents:

a) Decide on measures to implement scientific and technological tasks, regular tasks according to functions, public service tasks, and other tasks according to the unit's plan, the plan assigned by the competent authority, ensuring quality and progress;

b) Register to participate in selecting to implement scientific and technological tasks funded by the state budget; tender to supply public service tasks suitable with the specialized field of the unit authorized; approving remediation and environmental recovery plans or remediation and environmental recovery plans c) Engage in production, business, and service activities; contribute capital, joint ventures, and collaborations with organizations and individuals to implement scientific and technological tasks, production, business, and service activities in accordance with current regulations;

d) Directly export and import products, goods, and technology to implement scientific and technological tasks and public service tasks;

đ) Participate in bidding to implement production contracts, supply products, goods, and services in accordance with current regulations.

People's Committee of provinces and centrally governed cities, Rectors of National Universities shall be responsible

Article 11. Autonomy in Organizational Structure

1. Public scientific and technological organizations shall develop plans to reorganize constituent units. Installation The competent authority shall examine and decide.

2. Public scientific and technological organizations specified in Points a and b Clause 2 Article 3 of this Decree shall be decided on establishment, restructuring, and dissolution of new units outside constituent units by the competent authority when meeting current regulations.

3. Public scientific and technological organizations specified in Point a Clause 2 Article 3 of this Decree must establish a Management Council in accordance with Article 8 of Government Decree No. 16/2015/NĐ-CP dated February 14, 2015, on the mechanism of autonomy for public non-business units and guidelines of the Ministry of Home Affairs.

Article 12. Autonomy in Human Resources

1. Public scientific and technological organizations specified in Points a and b Clause 2 Article 3 of this Decree shall decide job positions, staff structure by occupational titles, and the number of employees suitable for assigned functions and tasks, based on ensuring stable employment and income for employees at the organization.

2. Public scientific and technological organizations specified in Currency Exchange Agent No. 1 Points c and d Clause 2 Article 3 of this Decree shall build job positions and staff structure by occupational titles for approval by the competent authority; propose the number of employees of the unit based on the average staffing over the past five years and not exceeding the current staffing of the unit to submit to the competent authority for examination and decision (for newly established public scientific and technological organizations that have not operated for five years, the average is calculated throughout the period of operation).

In case organization If public scientific and technological organizations have not yet built job positions and staff structure by occupational titles, the number of employees shall be determined based on the average staffing of previous years according to the guidelines of the Ministry of Home Affairs.

3. Public scientific and technological organizations shall recruit, manage, utilize, appoint, dismiss, promote occupational titles, and implement policies and systems for staff and sign transfer of enterprise ownership form or restructuring of enterprises. labor contracts in accordance with current regulations.

4. Public scientific and technological organizations shall propose the competent authority to approving remediation and environmental recovery plans or remediation and environmental recovery plans appoint, hire overseas Vietnamese scientists to hold leadership positions organization in public scientific and technological organizations and hire foreign experts to hold leadership positions organization in public scientific and technological organizations in accordance with current regulations.

5. Public scientific and technological organizations shall decide on inviting foreign experts and scientists to participate in scientific and technological activities in Vietnam and dispatching staff and employees abroad for work according to the

Article 13. Autonomy in Property Management and Utilization

1. Regarding the determination of the value of state assets for management under the mechanism of capital transfer to enterprises.

a) Public scientific and technological organizations specified in Points a, b, and c Clause 2 Article 3 of this Decree shall be determined by the competent authority on the value of assets to be transferred to the unit for management under the mechanism of capital transfer to enterprises;

Public scientific and technological organizations shall manage and utilize funds from production, business, service, joint venture, joint operation, and state asset leasing activities as follows:

- Funds from production, business, service, joint venture, and joint operation activities of public scientific and technological organizations must be fully recorded in accordance with current accounting, statistics, and financial management and utilization mechanisms applicable to enterprises;

- Funds from state asset leasing, public scientific and technological organizations must be recorded separately, after deducting reasonable costs, paying taxes, and fulfilling other financial obligations to the State, the remaining portion can be used to develop public activities.

b) Organization Public scientific and technological organizations specified in Point d Clause 2 Article 3 of this Decree shall not use state assets for leasing or other business activities.

2. Public scientific and technological organizations may choose forms of land transfer and land leasing in accordance with laws on land.

Article 14. Conversion of public scientific and technological organizations into joint-stock companies

1. Public scientific and technological organizations may be converted into joint-stock companies when meeting the following conditions:

a) Ensuring all operating expenses for the most recent year prior to the conversion date or having the ability to ensure all operating expenses after the conversion;

b) Being included in the list of organizations to be converted into joint-stock companies as decided by the Prime Minister.

2. The procedures and formalities for converting public scientific and technological organizations into joint-stock companies shall be carried out in accordance with the procedures for converting public institutions into joint-stock companies.

Chapter III

IMPLEMENTATION

Article 15. Procedures for granting autonomy rights to public scientific and technological organizations

1. Public scientific and technological organizations shall develop an appropriate autonomy plan based on the actual conditions of the organization and report it to the competent authority for review and approval.

The grant of autonomy rights to public scientific and technological organizations as stipulated in this Decree shall be stable for a period of three years. In cases where income sources or tasks of the organization change, leading to alterations in the level of self-sufficiency in regular expenditures and investment costs, public scientific and technological organizations shall report to the competent authority for adjustments to the autonomy plan before the deadline.

2. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, and Rectors of National Universities shall be responsible for approving the autonomy plans of public scientific and technological organizations under their management. of the National Assembly; and approve the autonomy plan of public science and technology organizations under their management. organization VIETNAMESE VALUATION STANDARDS and approve the self-management plan of public science and technology organizations under its management authority.

Other agencies and organizations shall organize the assessment and approval of the autonomy plans of public scientific and technological organizations under their management based on the provisions of this Decree.

3. By July 1, 2017, the competent authorities specified in Clause 2 of this Article shall complete the approval of the autonomy plans of public scientific and technological organizations under their management.

Article 16. Responsibilities of the Ministry of Science and Technology

1. Guide the classification of levels of autonomy and the development of autonomy plans. organization in public scientific and technological organizations in accordance with current regulations.

2. Guide, inspect, and compile reports on the implementation of the autonomy mechanism of public scientific and technological organizations nationwide, annually reporting to the Prime Minister.

3. Lead the implementation of the Program to Support the Development of Scientific and Technological Enterprises and public scientific and technological organizations to implement the autonomy mechanism.

Article 17. Responsibilities of Ministries, Ministries Equivalent to Ministries, Government Agencies, of the National Assembly; Pursuant to Decree No. 152/2020/NĐ-CP dated December 30, 2020 of the Government stipulating foreign workers working in Vietnam and the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam;

1. Ministry of Finance, Ministry of Home Affairs: Guide public scientific and technological organizations to implement the autonomy mechanism as stipulated in this Decree. approving remediation and environmental recovery plans or remediation and environmental recovery plans.

2. Ministries, Ministries Equivalent to Ministries, Government Agencies, Provincial People's Committees under the central government, and related agencies shall direct public scientific and technological organizations under their management to develop autonomy plans for approval within their jurisdiction; annually submit reports on the results of implementation to the Ministry of Science and Technology for compilation and reporting to the Prime Minister.

Article 18. Responsibilities of Heads of Public Scientific and Technological Organizations

1. Shall be responsible to the immediate superior supervisory agency and to the law in implementing the autonomy mechanism of the unit as prescribed in this Decree.

2. Develop and organization implement Internal Expenditure Regulations, Property Usage Regulations, Grassroots Democracy Regulations, Financial Transparency Regulations, and internal audit according to current regulations.

3. Manage, preserve, and develop state capital and assets assigned; implement accounting, statistical, information, activity reporting, and auditing systems according to current regulations.

4. Implement transparency and accountability regulations for unit activities according to current regulations.

Article 19. Effective Date

1. This Decree takes effect from August 1, 2016.

Decree No. 115/2005/ND-CP dated September 5, 2005 of the Government on the autonomy and responsibility mechanisms of public scientific and technological organizations, and Article 1 of Decree No. 96/2010/ND-CP dated September 20, 2010 of the Government amending and supplementing certain articles of Decree No. 115/2005/ND-CP dated September 5, 2005 of the Government on the autonomy and responsibility mechanisms of public scientific and technological organizations, and Decree No. 80/2007/ND-CP dated May 19, 2007 of the Government on scientific and technological enterprises shall cease to be effective from the date this Decree takes effect.

2. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, and Rectors of National Universities shall be responsible for approving the autonomy plans of public scientific and technological organizations under their management. of the National Assembly; Provincial People's Committees under the central government and related agencies are responsible for enforcing this Decree./

Place of Receipt: - Central Party Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, agencies equivalent to ministries, and government agencies; - Provincial People's Councils and People's Committees under central jurisdiction; - Culture, Central Party Committees and Party Committees; - Culture, Gold Ore - Culture, Renewal or reissue - Ethnic Council and other of the National Assembly; committees of the National Assembly; - National Assembly's Office; - Supreme People's Court; - Supreme People's Procuracy; - of the National Assembly; Rare Earth Ore - State Audit Agency; - Social Policy Bank; - Vietnam Development Bank; - of the National Assembly; - Gazette; Government Portal; Ministry of Finance Portal; - Central Agencies of Mass Organizations; - Ho Chi Minh City National University; - To be filed: VT, DMDN (2b). - VPCP: Deputy Chairman, all Vice Chairmen, Assistants to the Prime Minister, Director of the Government Portal, all Departments, Bureaus, subordinate units, Official Gazette; - To be filed: General Office, Legal Department (3 copies).

PRIME MINISTER PRIME MINISTER Nguyen Xuan Phuc