Decree No. 87/2014/NĐ-CP on attracting overseas Vietnamese individuals engaged in science and technology activities and foreign experts to participate in science and technology activities in Vietnam

DECREE

The provisions on attracting individuals engaged in science and technology who are overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam are

foreign experts participating in scientific and technological activities in Vietnam

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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.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the policy for attracting, the authority to decide, and the approval procedures for using individuals engaged in science and technology who are overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam; the responsibilities of relevant agencies, organizations, and individuals in implementing these policies.

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 enjoying the attraction policy

1. Overseas Vietnamese and foreign experts participating in scientific and technological activities in Vietnam shall enjoy the policies prescribed in this Decree if they meet one of the following conditions:

a) Possessing an invention patent or plant variety right registered with intellectual property rights that are suitable for scientific and technological tasks being implemented in Vietnam;

b) Having outstanding scientific and technological research works that are suitable for scientific and technological tasks being implemented in Vietnam;

c) Holding a doctoral degree and having taught, conducted scientific research, or transferred technology at reputable research institutions abroad in fields relevant to scientific and technological tasks in Vietnam;

d) Holding a doctoral degree and having worked for more than three years in a research position within international cooperation programs on science and technology or research departments of reputable enterprises abroad.

2. Based on the development needs of science and technology and upon the request of the employing agency, the Ministry of Science and Technology shall take the lead and coordinate with other ministries and agencies to submit to the Prime Minister for consideration and decision regarding the use of cases not meeting the conditions specified in Clause 1 of this Article.

Chapter II

ATTRACTIVE POLICIES

Article 4. Policies on Entry and Exit and Residency

1. Overseas Vietnamese and foreign experts, as well as their family members (including parents, spouse, children under 18 years old, and adopted children under 18 years old), are the subjects regulated by this Decree and shall be granted multiple-entry visas or Temporary Residence Cards according to the maximum duration allowed by Vietnamese laws on entry-exit and residence for foreigners.

2. Overseas Vietnamese and foreign experts who have been awarded national orders or honorary titles by the State of Vietnam or are temporarily residing in Vietnam may be considered for Permanent Resident Cards according to Vietnamese laws on entry-exit and residence for foreigners.

Article 5. Policies on Recruitment, Labor, and Education

1. Overseas Vietnamese during their work period in Vietnam shall be appointed or hired to hold leadership positions in science and technology organizations; assigned to head the implementation of scientific and technological tasks at various levels; recognized and appointed scientific research titles and technology titles according to 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, children under 18 years old, and adopted children under 18 years old) shall be provided with favorable conditions and support in job search and enrollment procedures for education and training institutions in Vietnam.

Article 6. Policies on Salary

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

1. The priority level of the scientific and technological task.

2. The nature, scale, and importance of the scientific and technological activity.

3. The individual's qualifications, capabilities, and contribution effectiveness.

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 with information and advice on the orientation and priority areas of scientific and technological development in Vietnam and organizations seeking and having potential for cooperation.

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

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 the cause of science and technology, or recognition and awards according to Vietnamese laws.

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) Being permitted to transfer legitimate income abroad according to Vietnamese laws on foreign exchange management and other relevant laws; in cases where legitimate income is in Vietnamese currency, they can purchase foreign currency to transfer abroad;

c) Being guaranteed favorable conditions for working space, equipment, materials, laboratories, experimental facilities, and other necessary conditions for implementing scientific and technological tasks in Vietnam by the employing agencies and organizations;

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) Being supported financially to organize scientific and technological conferences appropriate to their field of expertise in Vietnam;

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.

Chapter III

AUTHORITY TO DECIDE AND APPROVAL PROCEDURES FOR USE

 APPROVAL PROCEDURES FOR USE

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

1. Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally governed cities (hereinafter referred to as provincial People's Committees), National Universities shall decide on the use of overseas Vietnamese and foreign experts for state-owned organizations and institutions directly subordinate to them.

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. Procedure for Approving the Use of Overseas Vietnamese and Foreign Experts

1. State-owned organizations and institutions proposing the use of overseas Vietnamese and foreign experts to participate in scientific and technological activities within specific programs and projects shall submit their proposals to the competent authority as stipulated in Clause 1, Article 11 of this Decree. The proposal contents include documents proving compliance with the conditions specified in Clause 1, Article 3 of this Decree.

The competent authority shall issue a written response approving or not approving within 15 working days from the date of receipt of the proposal; if not approving, it must clearly state the reasons. In cases requiring consultation with the Ministry of Science and Technology and relevant ministries and agencies, the time for the competent authority to respond shall not exceed 30 working days.

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

The provincial People's Committee shall issue a written confirmation or non-confirmation within 15 working days from the date of receipt of the proposal; if not confirming, it must clearly state the reasons. In cases requiring consultation with the Ministry of Science and Technology and relevant ministries and agencies, the time for the provincial People's Committee to respond shall not exceed 30 working days.

Chapter IV

ORGANIZATION IMPLEMENTATION

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

b) To take the lead in implementing honors and awards for overseas Vietnamese and foreign experts participating in scientific and technological activities in Vietnam.

2. The Minister of Home Affairs shall take the lead and coordinate with the Ministry of Science and Technology to guide the procedures and formalities for appointing and hiring to hold leadership positions in public scientific and technological organizations, and appointing research and technology positions for overseas Vietnamese and foreign experts participating in scientific and technological activities in Vietnam.

3. The Ministry of Foreign Affairs:

a) Direct the overseas representative offices of the Socialist Republic of Vietnam 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.

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 implement procedures for entry and exit visas and temporary and permanent 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 the issuance of work permits for overseas Vietnamese and foreign experts participating in scientific and technological activities in Vietnam according to simplified procedures.

7. Before November 20 each year, ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees, National Universities shall report on the situation of using overseas Vietnamese and foreign experts to the Ministry of Foreign Affairs and the Ministry of Science and Technology; the Ministry of Foreign Affairs shall take the lead and coordinate with the Ministry of Science and Technology to compile the reports and submit them to the Prime Minister.

Chapter V

IMPLEMENTING PROVISIONS

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 agencies under the Government, Chairmen of provincial and centrally governed city People's Committees, heads of agencies, organizations, and individuals related to this Decree are responsible for its implementation./.