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THE GOVERNMENT OF VIETNAM |
THE SOCIALIST REPUBLIC OF VIETNAM |
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No. 263/2025/ND-CP |
Hanoi, October 14, 2025 |
ELABORATING SOME ARTICLES OF THE LAW ON SCIENCE, TECHNOLOGY AND INNOVATION REGARDING THE AUTONOMY AND ACCOUNTABILITY MECHANISM OF PUBLIC SCIENCE AND TECHNOLOGY ORGANIZATIONS, HUMAN RESOURCES, TALENTS AND AWARDS IN THE FIELD OF SCIENCE, TECHNOLOGY AND INNOVATION
Pursuant to the Law on Government Organization No. 63/2025/QH15;
Pursuant to the Law on Science, Technology and Innovation No. 93/2025/QH15;
Law on Emulation and Commendation No. 06/2022/QH15;
At the request of the Minister of Science and Technology;
The Government promulgates the Decree elaborating some articles of the law on science, technology and innovation regarding the autonomy and accountability mechanism of public science and technology organizations, human resources, talents and awards in the field of science, technology and innovation.
This Decree elaborates clauses 2, 3, 4 and 5, Article 45; clause 1, Article 46; clauses 1 and 3, Article 50; clause 2, Article 54; clauses 1, 3, 4, 5, 6 and 7, Article 55; clauses 2 and 4, Article 56 of the Law on Science, Technology and Innovation regarding the autonomy and accountability mechanism of public science and technology organizations, human resources, talents and awards in the field of science, technology and innovation.
This Decree applies to authorities, organizations and individuals that engages in or are related to activities of science, technology and innovation in Vietnam, or outside of Vietnam but have the rights and obligations in accordance with the laws in Vietnam and international treaties to which the Socialist Republic of Vietnam is a party.
1. Establishing an enterprise refers to a public science and technology organization contributing 100% of the charter capital to establish a single-member limited liability company in accordance with laws on enterprises to commercialize results of scientific research, technology development and innovation of that organization.
2. Participating in establishment of an enterprise refers to a public science and technology organization contributing capital to establish a multi-member limited liability company, joint-stock company or partnership in accordance with laws on enterprises to commercialize results of scientific research, technology development and innovation of that organization.
3. Contributing capital to an enterprise refers to a public science and technology organization participating in contributing additional charter capital to an established company in accordance with laws on enterprises to commercialize results of scientific research, technology development and innovation.
4. Scientific, technological works and innovation refer to a collection of activities, tasks, clusters or chains of tasks that are carried out to address issues related to science, technology, and innovation; produce specific results and effectiveness in conformity with practical requirements for socio-economic development, and national defense and security.
5. An author is a person who directly contributes to content related to science, technology or innovation of a project. In cases where two or more people directly create the work together, they are considered co-authors.
6. Publishing scientific, technological works and innovation refers to the act of presenting the work to the public via official information channels in the form of publication, presentation, exhibition, performance and other forms as prescribed by laws.
7. Applying scientific, technological works and innovation refers to the use of such works to serve the interests of people and society.
AUTONOMY AND ACCOUNTABILITY MECHANISM OF PUBLIC SCIENCE AND TECHNOLOGY ORGANIZATIONS
Section 1. GENERAL REGULATIONS ON AUTONOMY AND ACCOUNTABILITY MECHANISM OF PUBLIC SCIENCE AND TECHNOLOGY ORGANIZATIONS
Article 4. Subjects applying autonomy and accountability mechanism
1. The following public science and technology organizations shall carry out autonomy and accountability mechanism in accordance with regulations in this Decree:
a) Public science and technology organizations under management of ministries, ministerial authorities (hereinafter referred to as ministries) including public science and technology organizations under ministries; public science and technology organizations under general departments and equivalent organizations affiliated to ministries; public science and technology organizations under departments and equivalent organizations affiliated to ministries; public science and technology organizations under public science and technology organizations affiliated to ministries;
b) Public science and technology organizations under authorities affiliated to the Government;
c) Public science and technology organizations under management of province-level People’s Committees including public science and technology organizations under province-level People’s Committees; public science and technology organizations under specialized authorities affiliated to province-level People’s Committees; public science and technology organizations under sub-departments and equivalent units under specialized authorities affiliated to province-level People’s Committees; public science and technology organizations under other administrative organizations, public service providers affiliated to province-level People’s Committees.
2. The autonomy and accountability mechanism prescribed in Chapter II of this Decree does not apply to higher education institutions and public hospitals.
3. Public science and technology organizations under the Ministry of National Defense, the Ministry of Public Security; under higher education institutions, hospitals; under authorities of the Communist Party of Vietnam (CPV), socio-political organizations shall apply regulations on autonomy and accountability mechanism prescribed in this Decree and relevant regulations.
Article 5. Principles for autonomy and accountability mechanism
1. Exercise the right to autonomy associated with accountability to superior management authorities and the laws for their decisions; be subject to inspection and supervision of competent state authorities.
2. Effectively manage and use resources assigned by the State and other resources of public science and technology organizations. State budget funds allocated to public science and technology organizations shall not be used to cover losses from service activities, business production, and activities of joint ventures or partnerships. Revenues from service activities, business production, and activities of joint ventures or partnerships shall be accounted for and tracked separately from state budget funds.
3. Ensure transparency and democracy in the activities of public science and technology organizations.
4. Public science and technology organizations shall apply autonomy and accountability mechanism regarding organizational structure, human resources, finance, international cooperation, activities of joint ventures or partnerships in accordance with regulations in this Decree.
Article 6. Self-control mechanism in public science and technology organizations
1. Public science and technology organizations are responsible for establishing, maintaining, and implementing a self-control mechanism to ensure the compliance with the laws and to enhance the effectiveness and efficiency of scientific research, technology development, and provision of science, technology and innovation services.
2. The self-control mechanism includes:
a) Formulation, implementation, supervision and evaluation of tasks related to science, technology and innovation;
b) Management and use of state budget and funds from other legitimate sources for activities of science, technology and innovation;
c) Management and use of assets, equipment and laboratories;
d) Transfer and commercialize of results of scientific research and technology development;
dd) Cooperation in scientific research, technology development and innovation; activities of joint ventures and partnerships; international cooperation and implementation of assigned tasks;
e) Carry out issues related to scientific integrity and professional ethics in scientific research, technology development and innovation; intellectual property rights; information security and confidentiality of research data in accordance with the laws.
3. Heads of public science and technology organizations are responsible for promulgating and organizing the implementation of the self-control mechanism that is appropriate to the operational model of their organization.
4. Public science and technology organizations shall assign a department or person, or hire consultants or independent auditors to carry out the tasks mentioned in clause 2 of this Article.
5. Public science and technology organizations shall prepare annual report on result of implementation of self-control mechanism, publish it within the organization, and submit it to their superior management authority.
6. The result of the implementation of self-control mechanism is the basis for emulation, commendation, and handling of responsibilities of relevant individuals.
7. Funding for the implementation of self-control mechanism shall be allocated from the recurrent expenses budget of the public science and technology organization.
Section 2. AUTONOMY AND ACCOUNTABILITY REGARDING ORGANIZATIONAL STRUCTURE AND HUMAN RESOURCE MANAGEMENT
Article 7. Autonomy and accountability regarding organizational structure
1. Public science and technology organizations may decide on the establishment, reorganization and dissolution of their affiliated units in accordance with their functions, tasks, criteria, requirements and standards as prescribed by laws and guidelines approved by competent authorities.
2. Based on guidelines documents of competent authorities, public science and technology organizations shall formulate the Scheme for job positions, carry out appraisal and submit it to heads of the organizations for approval in accordance with the laws.
3. Public science and technology organizations may decide the annual staffing plan of the organization. The number of employees paid from the state budget is approved by competent authorities.
4. Internal operational regulations
a) Public science and technology organizations shall develop and promulgate internal operating regulations as the basis for organization’s activities in accordance with applicable laws;
b) Internal operating regulations shall be democratically and transparently discussed within the organization and with the agreement of the trade union organization (if any);
c) Within 15 days from the receipt of the draft internal operating regulations, superior management authorities shall review and provide a written feedback on any content that does not comply with the laws (if any);
d) After the prescribed deadline, if the superior management authority does not provide any feedback, heads of public science and technology organizations shall promulgate the internal operating regulations; and submit it to their superior management authority, finance authority at the same level for supervision, and the State Treasury where the organizations have their transaction account opened as a basis for expenses control.
5. Internal operational regulations include the following content:
a) Internal expenses regulations: Regulations on the organization’s expenses regime; management and use of funds from state budget sources and non-state budget sources;
b) Regulations on salary, revenue and commendation;
c) Regulations on management and use of public assets;
d) Regulations on management of tasks related to science, technology and innovation;
dd) Regulations on management of international cooperation;
e) Regulations on distribution of profits from commercialization of results of scientific research, technology development and innovation;
g) Regulations on establishment, participation in establishment, capital contribution to enterprises for commercialization of results of scientific research, technology development and innovation;
h) Internal operational regulations of the organization;
i) Other internal regulations as prescribed by laws.
6. Public science and technology organizations are permitted to open accounts at commercial banks for revenues from administrative operations and service activities. Funds set aside as prescribed by laws shall be deposited at commercial banks for management. Public science and technology organizations shall open accounts at the State Treasury to manage funds belonging to the state budget in accordance with the Law on State Budget including: state budget funds, fee revenues as prescribed by laws on fees and charges and other state budget revenues (if any).
7. Public science and technology organizations are entitled to be granted a registration certificate for a science and technology organization, a business registration certificate, and to use its seal for production and business activities in accordance with the laws.
Article 8. Autonomy and accountability regarding employment and management of public employees and employees
1. Departments, units or public employees responsible for organizational and personnel task of public science and technology organizations may decide on the employment and management of public employees and employees of the organization in accordance with the laws.
2. Public science and technology organizations are allowed to use the budget for activities of science, technology and innovation to sign employment contracts for specialized tasks for a maximum duration of 36 months.
Article 9. Dual long-term personnel of public science and technology organizations
1. Dual long-term personnel are science and technology human resources of domestic or foreign higher education institutions who work periodically at public science and technology organizations according to their positions at the organizations. They are considered official personnel of both higher education institution, and public science and technology organization.
2. Dual long-term personnel shall obtain a written approval from both higher education institution, and public science and technology organization.
3. Forms for recognition of dual long-term personnel
a) Fixed-term employment contracts;
b) Dual personnel listed in decisions on establishment of research groups, laboratories, specialized units, or tasks related to science, technology and innovation of public science and technology organizations;
b) Official personnel listed in dossiers of public science and technology organizations; personnel reports and dossiers on registration of tasks related to science, technology and innovation.
4. Rights and responsibilities of dual long-term personnel
a) Be entitled to full benefits and policies for official personnel at higher education institutions; entitled to rights under contracts signed with public science and technology organizations based on benefits and policies of that position and according to the working time at public science and technology organizations;
b) Be considered for inclusion in the planning and appointment to leadership and managerial positions at public science and technology organizations as prescribed by laws. In cases where dual long-term personnel are overseas Vietnamese or foreigners, they may be considered for appointment to leadership and managerial positions at public science and technology organizations without the need to satisfy requirements for age, planned titles, political theory qualifications or continuous tenure.
c) Be entitled to benefits and responsible for results of tasks related to science, technology and innovation in accordance with the laws and the organization’s operational regulations;
d) Complete assigned tasks, comply with operational regulations of public scientific and technological organizations; commit to contribute expertise during the time as dual long-term personnel of the organization;
dd) Be free regarding their working hours unless otherwise agreed upon in the contract.
5. Responsibilities of public science and technology organizations
a) Develop criteria, selection procedures and management of dual long-term personnel of the organization;
b) Ensure working conditions, facilities and appropriate remuneration mechanisms for dual long-term personnel in accordance with the organization’s financial capacity and operational regulations;
c) Acknowledge the contributions of dual long-term personnel in professional reports, task results, as well as in the evaluation of the organization’s performance;
d) Be responsible for cooperation with higher education institutions to implement policies for dual long-term personnel including management of records, evaluation, classification, commendation, discipline and fulfillment of obligations to submit salary-related contributions in accordance with the laws.
Section 3. AUTONOMY AND ACCOUNTABILITY REGARDING FINANCE
Article 10. Financial resources of public science and technology organizations
1. State budget sources
Public science and technology organizations are funded by the state budget in accordance with the laws.
2. Revenues from administrative operations
a) Revenues from commercialization of results of scientific research, technology development and innovation;
b) Revenues from public services and services regarding science, technology and innovation;
c) Revenues from production and business activities; activities of joint ventures and partnerships with organizations and individuals in accordance with the laws;
d) Revenues from leasing public assets in accordance with the laws.
3. Fee revenues retained by public science and technology organizations for expenses shall comply with laws on fees and charges.
4. Loan capital and aids shall comply with the laws.
5. Other revenues as prescribed by laws (if any).
Article 11. Recurrent expenses covered by funding which the autonomy to use is delegated to public science and technology organizations
1. Public science and technology organizations may take initiative in taking advantage of financial sources including funds allocated to maintain regular operations of public science and technology organizations as prescribed in Decree elaborating some articles of the Law on Science, Technology and Innovation regarding finance and investment in the field of science, technology and innovation; clauses 2, 3 (the portion retained for recurrent expenses serving fee collection activities), clause 4 (the portion used to pay salaries and salary-related contributions, remuneration of public employees and employees of public science and technology organizations), Article 10 of this Decree for recurrent expenses.
2. Payment of salaries, salary-based allowances, salary-based contributions and incomes for employees in public science and technology organizations shall comply with the principles of quantity, quality and commitment to output results, and shall be regulated in the organization’s internal operational regulations.
3. Expenses on employment of experts, scientists or talents for performing tasks of public science and technology organizations in accordance with spending limits corresponding to assigned tasks based on actual market prices and financial capacity of the organization.
4. Operating and managerial expenses:
a) Regarding expenses specified in economic-technical norms and of which spending limits are stipulated by competent authorities, based on actual demands, market prices actually applied in the province where the public science and technology organization is located, that organization shall decide the spending levels as prescribed in internal operational regulations;
Regarding expenses which are not yet stipulated by competent authorities, based on actual conditions, the public science and technology organization shall develop the spending levels in conformity with its financial sources as prescribed in internal operational regulations. The head of the public administrative unit shall be accountable for his/her decision.
5. Expenses on performance of fee collection tasks as prescribed by laws on fees and charges.
6. Expenses on service provision, business and production activities; expenses on activities of joint ventures and partnerships.
7. Expenses on provision of public services that are not funded by the state budget.
8. Provision of reserves to manage risks in accordance with internal operational regulations of the organization (if any).
9. Payment of loan interests as prescribed by law (if any).
10. Other expenses as prescribed by laws (if any).
Article 12. Recurrent expenses covered by funding which the autonomy to use is not delegated to public science and technology organizations
Expenses on implementation of tasks assigned by the State to public science and technology organizations, excluding expenses on maintenance of the organization’s regular operations as prescribed by Decree elaborating some articles of the Law on Science, Technology and Innovation regarding finance and investment in the field of science, technology and innovation.
Article 13. Distribution of incomes generated within a year
1. Transfer all savings from the fixed funding portion of public science and technology organizations (including salaries and salary-based contributions; operational activities; expenses on implementation of basic tasks related to science, technology and innovation; expenses on implementation of regular tasks according to the organization’s functions) and all additional funding of public science and technology organizations from the state budget to maintain the organization’s regular operations into the fund for supplementation of income.
2. Contribute to the fund for development of science and technology as prescribed in clause 1, Article 17 of the Law on Corporate Income Tax No. 67/2025/QH15 dated June 14, 2025.
3. At the end of the fiscal year, after posting all revenues and recurrent expenses covered by funding which the autonomy to use is delegated to public science and technology organizations excluding state budget funds allocated to maintain regular operations of public science and technology organizations; deducting depreciation of fixed assets, paying taxes and other mandatory contributions to the state budget as prescribed by laws, any surplus of revenues over recurrent expenses covered by funding which the autonomy to use is delegated to public science and technology organizations (if any), public science and technology organizations shall carry out in the following order:
a) Contribution to the fund for development of administrative operations: at least 10%;
b) Contribution to the fund for supplementation of income: prioritize the contribution from the surplus of revenues over recurrent expenses covered by funding which the autonomy to use is delegated to public science and technology organizations (if any) and in accordance with internal operational regulations of public science and technology organizations;
c) Contribution to commendation fund and welfare fund: Total amounts contributed to both funds shall not exceed the sum of 3-month salaries and wages paid/earned by the public science and technology organization within a year;
dd) Contribution to other funds as prescribed by specialized laws;
dd) The positive difference between revenues and recurrent expenses (if any) after contribution to funds as prescribed in internal operational regulations of public science and technology organizations shall be added to the fund for development of administrative operations.
4. Use of funds
a) The use of the fund for development of science and technology shall comply with regulations on the fund for development of science and technology of organizations and public service providers prescribed in Decree elaborating some articles of the Law on Science, Technology and Innovation regarding finance and investment in the field of science, technology and innovation; and relevant documents;
a) The fund for development of administrative operations shall be used for investment in construction, renovation, upgrading, maintenance and repair of facilities; purchase of equipment and transportation means; payment for land lease and office lease fees for the operation of public science and technology organizations as prescribed by laws (in cases where recurrent expenses are insufficient to cover land and office lease fees); development of administrative operation capacity; payment for application of scientific and technological advances; payment for support for training and development of employees within the organization; payment for recruitment and remuneration of human resources; purchase copyrights for works and programs; capital contribution in joint ventures and partnerships with domestic and foreign organizations and individuals to carry out public services according to their assigned functions and tasks; payment to superior authorities or units for part of the costs of equipment purchase, repair, maintenance, renovation, upgrade and construction of shared auxiliary works; payment for security, fire prevention, epidemic management, environmental sanitation and other general management costs (specific rate shall comply with guidelines of superior management authorities and the actual fund for development of administrative operations of the organization; and other expenses in accordance with internal operational regulations of the organization.
The use of the fund for development of administrative operations for investment in construction, renovation, maintenance, repair and upgrade of facilities and purchase of equipment shall comply with laws on public investment, bidding, public assets and relevant laws. Heads of public science and technology organizations have the power to decide the use of the fund for development of administrative operations for investment in construction, renovation, maintenance and repair of facilities; purchase of equipment for expenses that are not prescribed by laws on public investment;
c) The fund for supplementation of income shall be used to provide additional income for public employees and employees within the year and to reserve funds for supplementation of income in subsequent years in case of reduced revenues. The disbursement of supplemental income for public employees and employees shall comply with the principles of quantity, quality and output results;
d) The commendation fund shall be used for year-end bonuses, regular bonuses and irregular bonuses for groups and individuals inside and outside the organization based on their performance and contributions to the organization’s activities. The rate of bonus shall comply with internal operational regulations of the organization;
dd) The welfare fund shall be used for construction and repair of welfare facilities of public science and technology organizations; capital contribution to investment in common welfare facilities within the field or other unit under contracts; payment for collective welfare activities for public employees and employees within the organization; provision of emergency hardship allowances for public employees and employees including cases of retirement, disability or difficult circumstances; additional payment for public employees and employees undergoing workforce downsizing; payment for supporting social and charitable activities; settlement of benefits and policies upon termination of labor contracts; and other expenses as prescribed in internal operational regulations of the organization;
e) The use of other funds shall comply with specialized laws.
5. The contribution rate of each fund prescribed in this Article and the use of each fund shall comply with the decision of the head of public science and technology organization in accordance with internal operational regulations, relevant laws; and be transparent within the organization.
Article 14. Autonomy and accountability regarding salary and income
1. The funding sources for payment of salary and income to public employees and employees of public science and technology organizations include:
a) Salaries and salary-related contributions annually funded by the state budget;
b) Funds from labor contributions of public employees and employees of the public science and technology organization performing tasks related to science, technology and innovation led by that organization;
c) Funds from salaries, salary-based allowances, salary-based contributions and remuneration for public employees and employees of the public science and technology organization sourced from aids and grants by domestic and foreign individuals and organizations in accordance with relevant agreements and laws;
d) The fund for supplementation of income;
dd) The entire unused balance of the salary reform fund (if any);
e) Revenue from commercialization of results of scientific research, technology development and innovation (if any);
g) Other lawful revenues as prescribed by laws (if any).
2. Public science and technology organizations shall pay the following types of salary and income for public employees and employees:
a) Base salary from funding sources as prescribed in points a, b and c, clause 1 of this Article including salary, salary-based allowances and salary-based contributions in accordance with laws on remuneration;
b) The organization’s autonomous salary from the funding sources as prescribed in points b, c, d and g, clause 1 of this Article;
c) Additional income for public employees and employees under contracts of the public science and technology organization from the organization’s fund for supplementation of income in accordance with the organization’s internal operational regulations;
d) Income for public employees and employees of the organization who are authors of results of scientific research, technology development and innovation that have been commercialized from the sources prescribed in point e, clause 1 of this Article in accordance with the commitments of the public science and technology organization.
3. The organization’s autonomous salary is allocated for the following items:
a) Monthly allowances including fuel allowance, telephone allowance, lunch support and other lawful allowances that are paid in accordance with the organization’s internal operational regulations;
b) Position-based salary determined on the basis of job position, assigned title and assigned duties to ensure income commensurate with quantity, quality, and output results;
c) Incentive salary for motivation, encouragement and recognition of public employees and employees for their diligence, responsibility, productivity and effectiveness. The criteria for evaluation and implementation methods shall comply with internal operational regulations;
d) Non-regular allowances to encourage public employees and employees on holidays throughout the year.
Section 4. AUTONOMY AND ACCOUNTABILITY REGARDING INTERNATIONAL COOPERATION, JOINT VENTURE AND PARTNERSHIP
Article 15. Autonomy and accountability regarding international cooperation
1. Heads of public science and technology organizations are granted autonomy and are accountable for their decision on sending public employees and employees to attend conferences, seminars, training courses, research surveys, academic exchanges and experience learning abroad in accordance with the organization’s development orientation and laws on management of foreign affairs.
2. Public science and technology organizations have the right to invite foreign experts, scientists and overseas Vietnamese to participate in research activities, technology development, technology transfer, innovation, human resource training and other professional activities within the organization in accordance with the laws and internal operational regulations.
3. Public science and technology organizations have the right to hire experts and scientists who are overseas Vietnamese; foreign experts and scientists to hold leadership or managerial positions or to directly participate in professional activities within the organization in accordance with the laws. Hiring experts shall be conducted openly and transparently in accordance with competency standards and with the organization’s needs and financial capacity.
4. Public science and technology organizations have the right to enter into contracts for services related to science, technology and innovation with foreign authorities and organizations through commissioning or bidding in accordance with the laws.
Article 16. Autonomy and accountability regarding capital mobilization and credit borrowing
1. General principles
a) When borrowing and mobilizing capital for investment in construction and purchase of assets, public science and technology organizations must have a plan for capital borrowing, mobilization and repayment. This plan must include a debt-to-total revenue ratio limit, independent risk evaluation for large loans, measures for risk management and settlement of conflicts of interest among capital contributors. Public science and technology organizations are accountable for repaying both principal and interest as prescribed by laws, the effectiveness of capital borrowing, mobilization and the efficient use of borrowed and mobilized funds;
b) Public science and technology organizations are not permitted to use public assets as collateral for loans in accordance with clause 5, Article 54 of the Law on Management and Use of Public Assets and relevant laws;
c) Investment projects funded by credit loans and capital mobilization shall be conducted in accordance with the laws; be transparent, open and democratic within the organization;
d) Public science and technology organizations are allowed to mobilize and borrow capital to carry out other activities in accordance with the laws.
2. Public science and technology organizations with service activities are allowed to borrow capital from credit institutions and mobilize capital from their public employees and employees to invest in expanding, renovating and repairing existing facilities; purchasing additional equipment to improve quality and increase the scale of the organization’s operations in accordance with their functions and tasks; and are accountable for repaying the loans in accordance with the laws. Procedures and authority for approving loan plans shall comply with relevant laws. Capital mobilization from public employees and employees within the organization shall be formalized through contracts in accordance with civil laws.
3. Heads of public science and technology organizations are responsible for managing and using mobilized capital efficiently and in accordance with the organization’s functions and tasks; are accountable for repaying the debt as prescribed by laws from the organization’s financial resources without support from the state budget.
Article 17. Autonomy and accountability regarding management and use of public assets, joint venture and partnership
1. Public science and technology organizations have the autonomy to engage in joint ventures and partnerships to commercialize results of scientific research, technology development and innovation through the following forms:
a) Establishing an enterprise;
b) Participating in establishment of an enterprise;
c) Contributing capital to an enterprise.
2. The joint venture and partnership prescribed in clause 1 of this Article shall comply with regulations in Chapter III of this Decree.
3. Public science and technology organizations have the right to autonomy and bear accountability for joint ventures and partnerships with organizations and individuals to provide services that meet social needs. The use of public assets for joint ventures and partnerships shall comply with requirements prescribed in clause 2, Article 55 of the Law on Management and Use of Public Assets, and clause 1, Article 58 of the Law on Management and Use of Public Assets. Public science and technology organizations are not allowed to use state budget funds to cover risks or losses arising from capital contribution, joint ventures, partnerships or establishment of enterprises.
4. Division of results obtained from joint venture and partnership activities: The amount received from the distribution results of joint venture and partnership activities of public science and technology organizations after deducting interest expenses and costs of leasing assets contributed as capital (if any); the remaining share of income allocated to organizations shall be managed and used according to the joint venture and partnership plan approved by competent authorities.
5. In cases where public science and technology organizations borrow capital, mobilize funds or invest under PPP model, the implementation shall comply with laws on investment under the PPP model and relevant guidelines.
6. Public science and technology organizations engaging in joint ventures and partnerships shall carry out reporting and supervising regime as prescribed by laws.
Section 5. Special public science and technology organizations
Article 18. Special financial mechanisms for special public science and technology organizations
Special public science and technology organizations shall implement financial autonomy and bear financial accountability according to general regulations applicable to public science and technology organizations while enjoying the following special mechanisms:
1. The State fully guarantees the funding for recurrent expenses, task implementation expenses and investment expenses to ensure the full performance of functions and assigned tasks during a stable period of 5 years or for the duration of the contract signed with foreign partners.
2. The funding to support regular expenses is allocated by the superior authority based on the proposal of special public science and technology organizations to cover salaries, salary-based deductions and allowances as prescribed by laws, additional income for the number of employees, funding for performing special tasks and necessary expenses to maintain stable operations in conformity with the nature, scale and development orientation of the organization.
3. Special public science and technology organizations use the state budget for recurrent expenses related to science, technology and innovation activities in accordance with Decree elaborating some articles of the Law on Science, Technology and Innovation regarding finance and investment in the field of science, technology and innovation.
Article 19. Special mechanisms for organizational structure of special public science and technology organizations
Special public science and technology organizations shall implement financial autonomy and bear accountability for their organizational structure according to general regulations applicable to public science and technology organizations while enjoying the following special mechanisms:
1. They have the autonomy to decide the establishment of functional departments, specialized units, research groups and affiliated units in accordance with the strategic orientation and development needs of the organization without being bound by the staffing norms or general organizational structure of public service providers; or in accordance with the agreements signed with foreign partners.
2. They are organized under a special administration model with a dual leadership mechanism consisting of:
a) A legal representative who is a Vietnamese citizen, accountable to the laws and the managing authority;
b) A professional director who is a Vietnamese citizen, a Vietnamese residing abroad or a foreigner with high professional qualifications; is invited or contracted by the public scientific and technological organization to manage professional and academic activities of the organization.
3. Special public science and technology organizations established under agreement with international or national organizations shall operate under an administration model agreed upon with those organizations.
Article 20. Special regulations on staffing and personnel of special public science and technology organizations
Special public science and technology organizations shall implement autonomy and bear accountability for staffing and personnel according to general regulations applicable to public science and technology organizations while enjoying the following special mechanisms:
1. The minimum number of employees is 05 people holding a bachelor degree, working on a full-time, dual long-term or concurrent basis. Among them, at least 50% must have professional qualifications appropriate to the organization’s registered field of activity.
2. Employees at special public science and technology organizations may be assigned to work under the following forms:
a) Full-time;
b) Dual long-term;
c) Concurrent;
d) Secondment.
PUBLIC SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS ESTABLISHING OR PARTICIPATING IN ESTABLISHMENT OF ENTERPRISES, CONTRIBUTING CAPITAL TO ENTERPRISES FOR COMMERCIALIZATION OF RESULTS OF SCIENTIFIC RESEARCH AND TECHNOLOGY DEVELOPMENT
Article 21. Subjects responsible for establishing or participating in establishment of enterprises, contributing capital to enterprises for commercialization of results of scientific research and technology development
1. Public science and technology organizations as prescribed in clause 1, Article 4 of this Decree, excluding organizations under the Ministry of National Defense and Ministry of Public Security.
2. Public science and technology organizations that are public higher education institutions and public hospitals.
3. Public science and technology organizations under the Ministry of National Defense and Ministry of Public Security; under higher education institutions and hospitals; organizations under authorities of the CPV and social-political organizations shall comply with regulations on establishing or participating in establishment of enterprises, contributing capital to enterprises for commercialization of results of scientific research and technology development prescribed in this Decree and relevant laws.
Article 22. Types of assets of public science and technology organizations used for establishing or participating in establishment of enterprises, contributing capital to enterprises
1. Public science and technology organizations are allowed to use the following types of assets to establish, participate in establishment of enterprises or contribute capital to enterprises:
a) Funds from the fund for development of administrative operations;
b) Funds from the fund for development of science and technology;
c) Legitimate aids, grants and donations for capital contribution;
d) Funds from other sources used for capital contribution as prescribed by laws;
dd) Intellectual property rights owned by public scientific and technological organizations in accordance with intellectual property laws and used for capital contribution as prescribed by enterprise laws;
e) Results of scientific research, technology development and innovation that public scientific and technological organizations are assigned the rights to manage and use in accordance with laws on science, technology and innovation;
g) Other assets allowed for capital contribution as prescribed by laws.
2. Principles for using assets of public science and technology organizations to establish, participate in establishment of enterprises and contribute capital to enterprises:
a) Ensure that activities are conducted for the correct purposes with shared benefits and risks in the commercialization of results of scientific research, technology development and innovation;
b) Conduct asset utilization activities in accordance with market mechanisms; transparency, openness principles; and the laws;
c) Fulfill obligations regarding taxes, fees, charges and other financial liabilities as prescribed by laws;
d) Not to use assets as contribution to capital for inventions classified as secrets, land and works related to national security and defense, and other assets that are prohibited from being used for capital contribution;
dd) The use of assets for capital contribution and the determination of asset value for capital contribution shall comply with transparency, openness principles, and the laws;
e) Implement the reporting regime on the operational status and business results of enterprises commercializing results of scientific research and technology development; be subject to supervision of competent authorities in accordance with the laws.
Article 23. Authority for establishing or participating in establishment of enterprises, contributing capital to enterprises for commercialization of results of scientific research and technology development
Heads of public science and technology organizations may decide on the establishment, participation in establishment or capital contribution to enterprises for commercialization of the organization’s results of scientific research and technology development in accordance with the organization’s internal operational regulations after obtaining approval of guidelines of superior management authorities.
Article 24. Schemes for establishing or participating in establishment of enterprises, contributing capital to enterprises for commercialization of results of scientific research and technology development
1. Public science and technology organizations shall develop or hire consulting units to prepare the scheme for establishing, participating in establishing enterprises, or contributing capital to enterprises in order to publish it for feedback from public employees and contract employees working at the organization, finalize the scheme and take responsibility for its content.
2. The scheme for establishing or participating in establishment of enterprises includes:
a) Basis for the proposal and objectives of the scheme;
b) Current status of management and utilization of results of scientific research, technology development and innovation that are intellectual property owned by the public science and technology organization; intellectual property and assets that are results of the implementation of tasks related to science, technology and innovation funded by the state budget, funds and other sources of the public science and technology organization; and other legitimate assets at the public science and technology organization used to establish or participate in establishing enterprises;
c) Plan for using assets to contribute capital; the capital contribution ratio, the method for capital contribution, the capital contribution schedule, the scope of authority, the responsibilities of authorities and individuals competent to decide the use of assets for capital contribution and decide the determination of the value of assets for capital contribution;
d) Investment and business plan of enterprises to commercialize results of scientific research and technology development owned by the public science and technology organization; financial analysis and risk assessment of the investment and business plan;
d) Plan for the distribution of results obtained from joint venture and partnership activities;
e) Draft charter of the enterprise to be established;
g) Criteria for determination of public employees participating in capital contribution; the benefits for public employees involved in management and operation of the enterprise in accordance with the decision of the head of the public science and technology organization based on relevant laws on science, technology, and innovation, and according to agreements between the involved parties; responsibilities of the person competent to assign public employees to act as authorized representatives of the public science and technology organization in the enterprise or to participate in the management and operation of the enterprise;
h) Consent of the superior authority in cases where an public employee is the head of the public science and technology organization and is nominated as the authorized representative of the organization in the enterprise participating in the management and operation of the enterprise;
i) The capacity and resources of the party participating in investment for commercializing results of scientific research, technology development and innovation; the agreement between the public science and technology organization and the relevant party regarding responsibilities for risk sharing and benefit distribution; responsibilities for supporting the activities of each party during the implementation of the plan; responsibilities to ensure that the activities are conducted for the proper purpose of commercializing results of scientific research, technology development and innovation owned by the public science and technology organization including provisions on termination of the agreement on the use of intellectual property rights of the public scientific and technological organization in the event that the relevant party fails to comply with the agreement;
k) Rights and responsibilities of relevant parties, plans for implementation of the scheme;
l) Other relevant content (if any).
3. The scheme for participating in capital contribution to the enterprise includes the contents prescribed in points a, c, d, g, h, i, k and l of clause 2 of this Article.
Article 25. Approval of schemes for establishing or participating in establishment of enterprises, contributing capital to enterprises
1. After the plan has been published for feedback and finalized in accordance with Article 24 of this Decree, heads of the public science and technology organizations are responsible for reviewing and approving the scheme and are accountable for the content of the approval.
2. The approval of the scheme for establishing or participating in establishment of enterprises, contributing capital to enterprises includes:
a) The establishment of the enterprise; participation in establishment of the enterprise; contribution of capital to the enterprise;
b) Type of the enterprise, charter capital, participating parties and types of assets used for establishment of the enterprise; participation in establishment of the enterprise; contribution of capital to the enterprise;
c) Criteria for determination of public employees participating in capital contribution; the benefits for public employees involved in management and operation of the enterprise in accordance with the decision of the head of the public science and technology organization; responsibilities of the person competent to assign public employees to act as authorized representatives of the public science and technology organization in the enterprise or to participate in the management and operation of the enterprise;
d) Plan for asset use in accordance with regulations in this Decree to establish, participate in establishing the enterprise, or contribute capital to the enterprise; scope of authority; responsibilities; and plan for risk and benefit sharing;
dd) Authority to appoint, terminate or change the authorized representative of the public science and technology organization at the enterprise, and to participate in the management and operation of the enterprise;
e) The capital contribution ratio, method and schedule of the public science and technology organization and relevant parties; the capital contribution ratio and conditions for public employees of public science and technology organization;
g) The agreement between the public science and technology organization and the relevant party regarding the responsibilities of the parties to ensure that the enterprise operates for the proper purpose of commercializing results of scientific research and technology development owned by the public science and technology organization;
h) The person assigned to implement the scheme.
3. After the plan for establishing or participating in establishing the enterprise is approved, the establishment and registration of the enterprise shall comply with the Law on Enterprise and its guidelines.
Article 26. Public employees who are authorized representatives of public science and technology organizations at enterprises
1. Based on the approved content of the plan for establishing or participating in establishment of an enterprise, the head of the public science and technology organization who has the authority to manage public employees in accordance with the laws shall assign a public employee as the authorized representative of the public science and technology organization at the enterprise. In the case where the managing public employee is the head of the public science and technology organization, prior consent from their superior authority is required.
2. The decision on assignment of a public employee as the authorized representative shall specify the duration of concurrent or seconded work, as well as the responsibilities, obligations, and powers of the public employee assigned as the authorized representative of the public science and technology organization at the enterprise based on the content of the approved scheme.
3. A public employee may be assigned as an authorized representative multiple times.
Article 27. Public employees participating in management and operation of enterprises
1. Based on the approved content of the plan for establishing or participating in establishment of an enterprise, the head of the public science and technology organization who has the authority to manage public employees in accordance with the laws shall assign an eligible public employee to manage and operate the enterprise. In the case where the managing public employee is the head of the public science and technology organization, prior consent from their superior authority is required.
2. The decision on assignment of a public employee to manage and operate the enterprise shall specify the duration of concurrent or seconded work, working regime, salary, reward, allowance, rights and responsibilities of the public employee towards both the public science and technology organization where they work and the enterprise where they manage and operate based on the content of the approved scheme.
3. A public employee may be assigned to manage and operate the enterprise multiple times
Article 28. Responsibilities for management of public employees
1. Heads of public science and technology organizations who have the authority to manage public employees in accordance with the laws shall adjust or terminate the role of public employees as authorized representatives of public science and technology organizations; or participating in the management and operation of enterprises. The heads shall take full responsibility in accordance with the content of the approved scheme and laws on public employees.
2. The superior authority managing the public employee who is the head of the public science and technology organization has the authority to change or terminate the role of the public employee as the authorized representative of the organization at the enterprise; or as a participant in the management and operation of the enterprise. They shall take full responsibility in accordance with the content of the approved scheme and laws on public employees
Article 29. Obligations of public employees who are authorized representatives of public science and technology organizations at enterprises, and public employees who are participating in the management and operation of enterprises
Public employees who are representatives of public science and technology organizations at enterprises, and public employees participating in the management and operation of enterprises shall fulfill their duties as prescribed by laws on public employees and enterprise within the scope of authority and responsibilities in the approved scheme for establishment, participation in establishment or capital contribution to enterprises.
BENEFITS FOR HUMAN RESOURCES AND TALENTS IN THE FIELD OF SCIENCE, TECHNOLOGY AND INNOVATION
Section 1. BENEFITS FOR INDIVIDUALS ENGAGING IN ACTIVITIES OF SCIENCE, TECHNOLOGY AND INNOVATION
Article 30. Titles in the field of science and technology
1. Titles regarding science include:
a) Research Assistant (rank IV);
b) Researchers (rank III);
c) Primary researcher (rank II);
d) Senior researcher (rank I);
2. Titles regarding technology include:
a) Technician (rank IV);
b) Engineer (rank III);
c) Primary engineer (rank III);
d) Senior engineer (rank 1).
3. The Minister of Science and Technology shall promulgate standards for each titles in the field of science and technology.
Article 31. Recruitment of individuals who engages in activities of science, technology and innovation to serve as public employees
1. Individuals engaging in activities of science, technology and innovation who meet the requirements of the position corresponding with his/her title in the field of science and technology shall be considered for recruitment as public employees and entitled to the corresponding policies and benefits without the need to undergo a probationary period.
2. Procedures and authority for consideration and receipt of public employees shall comply with laws on public employees.
Article 32. Designation of public employees to higher titles in the field of science and technology regardless of years of service
1. Public employees currently holding titles in the field of science and technology who possess a doctoral degree or have outstanding works or high-level awards in science, technology and innovation shall be considered for designation to higher titles regardless of years of service.
2. Outstanding achievements and results in the field of science, technology and innovation to be considered include:
a) Awarded a doctoral degree;
b) Holding the title of professor or associate professor;
c) Receiving prestigious national or international awards in the field of science, technology and innovation;
d) Participating in implementation of tasks related to science, technology and innovation;
dd) Having scientific articles published in reputable international or domestic journals, or having authored monographs or textbooks published;
e) Being the inventor of a protected patent or plant variety;
g) Serving as director, manager, leader of a project, work or developmental project related to technology application or deployment, or other tasks as prescribed by specialized laws.
3. Each achievement or result in activities of science, technology and innovation may only be used once for exceptional consideration in designation to a higher title in the field of science and technology regardless of years of service.
4. Procedures and authority for designation of public employees to higher titles in the field of science and technology regardless of years of service shall comply with laws on promotion of professional titles for public employees.
5. The Minister of Science and Technology shall elaborate the achievements and results of science, technology and innovation used for designation of public employees to higher titles in the field of science and technology regardless of years of service.
Article 33. Exceptional salary increase for individuals with outstanding achievements in activities of science, technology and innovation
1. Public employees holding titles in the field of science and technology during their current salary rank who are evaluated and classified at least as “Good Performance” and have no disciplinary actions shall be considered for exceptional salary increases if they achieve one of the following achievements:
a) Take charge of special tasks and special programs related to science, technology and innovation that complete the targets and objectives;
b) Be awarded the Vietnamese State Medal for outstanding achievements in the field of science, technology and innovation;
c) Be awarded the title of Labor Hero;
d) Be awarded the title of National Emulation Soldier.
2. Individuals satisfying clause 1 of this Article shall be considered for an exceptional salary increase of up to a maximum of 2 salary ranks and shall not be eligible for consecutive exceptional salary increases.
3. Heads of public service providers engaging in activities of science, technology and innovation shall decide the exceptional salary increases for public employees holding titles in the field of science and technology in accordance with the laws.
Article 34. Incentives for individuals holding the titles of professor and associate professor working in public science and technology organizations
Public employees holding the titles of professor or associate professor in public science and technology organizations shall enjoy policies and benefits for individuals with equivalent titles in public higher education institutions if such policies and benefits are more favorable.
Article 35. Sponsorship for postdoctoral researchers, doctoral candidates and master’s program learners
Postdoctoral researchers, doctoral candidates in doctoral training programs, and learners in master’s training programs may be considered for research sponsorship from the state budget in accordance with the Government’s Decree elaborating some articles of the Law on Science, Technology and Innovation regarding programs and tasks related to science, technology and innovation; and certain regulations on promoting scientific research, technology development and innovation activities.
Article 36. Sponsorship for outstanding scientists with remarkable achievements in scientific research and technology development
Outstanding scientists with remarkable achievements in scientific research and technology development may be considered for funding support to independently pursue breakthrough scientific research and technology development ideas with high application potential, contributing to socio-economic development and ensuring national defense and security in accordance with the Government’s Decree elaborating some articles of the Law on Science, Technology, and Innovation regarding programs and tasks related to science, technology and innovation; and certain regulations on promoting scientific research, technology development and innovation activities.
Article 37. Incentives for experts and scientists who are overseas Vietnamese, for foreign experts and scientists
1. Experts and scientists who are overseas Vietnamese, foreign experts and scientists shall be entitled to policies in accordance with the Government’s Decree on mechanisms and policies for attracting experts in the field of science, technology, innovation and digital transformation, and other relevant legislative documents.
2. Experts and scientists who are overseas Vietnamese, foreign experts and scientists participating in activities of science, technology and innovation in Vietnam may be hired to hold leadership and managerial positions at public science and technology organizations. They may also be assigned to lead tasks related to science, technology and innovation funded by the state budget.
3. Procedures for hiring experts and scientists who are overseas Vietnamese, foreign experts and scientists participating in activities of science, technology and innovation in Vietnam to hold leadership and managerial positions at public science and technology organizations shall comply with the expert selection procedures prescribed in the Government’s Decree on mechanisms and policies for attracting experts in the field of science, technology, innovation and digital transformation, and other relevant legislative documents.
Article 38. Training for human resources in the field of science, technology and innovation
1. The plan for training for human resources in the field of science, technology and innovation
a) Ministries, ministerial authorities, governmental authorities, province-level People’s Committees and public science and technology organizations shall develop the plan for training for human resources in conformity with the plan for development of human resources of the unit;
b) The Ministry of Education and Training shall take charge and cooperate with the Ministry of Science and Technology, other relevant ministries and central authorities in developing the plan for training for human resources with university and postgraduate qualifications in conformity with the orientation of the field and the actual needs;
c) The Ministry of Science and Technology shall take charge in developing the plan for intensive training and professional development, enhancing management skills and developing outstanding research groups and strong research teams in the fields of science, technology, and innovation.
2. Organization of training activities:
a) The Ministry of Science and Technology shall organize the following activities: training by research groups; training for experts in strategic and key fields; postdoctoral research; professional training, skill enhancement and management skills in science, technology and innovation;
b) The Ministry of Education and Training shall organize training in accordance with the Law on Higher Education;
c) The domestic and foreign training shall be organized in the form of short-term or long-term training; through internships or fixed-term work at reputable science and technology organizations; or by participating in the implementation of tasks related to science, technology and innovation.
Section 2. INCENTIVES FOR TALENTED YOUNG SCIENTISTS AND TALENTED YOUNG ENGINEERS
Article 39. Talented young scientists
1. General standards
a) Have a clear background and good ethics;
b) Not violate any of the prohibited acts as prescribed in Article 14 of the Law on Science, Technology and Innovation.
2. Specific standards
A talented young scientist is a Vietnamese citizen under 35 years old who holds a doctoral degree; is actively working in the field of science, technology and innovation; and satisfies one of the following criteria:
a) Receive prestigious national or international awards in the field of science, technology and innovation;
b) Be the primary author of at least 05 scientific articles published in reputable international journals as prescribed by the Ministry of Science and Technology;
c) Be the head of tasks related to science, technology and innovation under the national science, technology and innovation programs which have been evaluated at the end of the term as completing targets and objectives;
d) In the case of working in the field of social sciences and humanities: have at least 05 scientific articles published in journals with ISSN numbers listed in the annual scoring list of the sectoral or interdisciplinary Professorial Council which include at least 03 scientific articles published in reputable international journals as prescribed by the Ministry of Science and Technology.
3. Incentives for talented young scientists
a) Be prioritized to be recruited as a public employee;
b) Be provided with conditions to establish strong research groups and allocated funds to implement research ideas in specialized field with expenditures in accordance with regulations on expenditures for performing scientific research and technology development;
c) Be prioritized to be sent and have expenses covered for short-term internships and work abroad;
d) Be considered by competent authorities for assignment as the head of tasks related to science, technology and innovation;
dd) Enjoy other policies in accordance with regulations of the Government.
4. Heads of public service providers shall decide the implementation of incentives for talented young scientists under their management.
Article 40. Talented young engineers
1. General standards
a) Have a clear background and good ethics;
b) Not violate any of the prohibited acts as prescribed in Article 14 of the Law on Science, Technology and Innovation.
2. Specific standards
A talented young engineer is a Vietnamese citizen under 35 years old who holds a bachelor degree or higher; is working in an organization or enterprise in the field of science, technology and innovation; and satisfies one of the following criteria:
a) Be the head, key member or chief engineer of a research and development, technology transfer, or innovation project that achieves high socio-economic efficiency that is recognized or awarded by the managing authority, professional association or competent organization;
b) Be the author of at least 01 protected patent that has been practically applied and brought clear socio-economic benefits;
c) Have a key role in the design, fabrication and successful testing of a technical product with high novelty and applicability; or be the primary author of at least 03 scientific articles published in reputable international journals as prescribed by the Ministry of Science and Technology;
d) Be the founder or co-founder of a startup based on new technology, have successfully raised funds from venture capital funds, or have products accepted by the market and generating significant revenue.
3. Incentives for talented young engineers
a) Be prioritized to be recruited as public employees, be entitled to an additional allowance equal to 150% of the current salary coefficient for a period of 05 years from the issuance date of recruitment decision. The additional allowance is not used to determine mandatory social insurance, health insurance and unemployment insurance contributions;
b) Be provided with conditions to establish strong research groups and allocated funds to implement research ideas in specialized field with expenditures in accordance with regulations on expenditures for performing scientific research and technology development;
c) Be prioritized to be sent and have expenses covered for short-term internships and work abroad; be supported with fees for training and professional development overseas;
d) Be considered by competent authorities for assignment as the head of tasks related to science, technology and innovation.
4. Heads of public service providers shall decide the implementation of incentives for talented young engineers under their management.
Section 3. ATTRACTION AND PRIORITY FOR TALENTS IN SCIENCE, TECHNOLOGY AND INNOVATION
Article 41. Policies for attraction and priority for talents in science, technology and innovation
1. During the implementation of tasks related to science, technology and innovation, talented individuals shall enjoy the following attraction and priority policies:
a) Receive a salary rate as agreed in the labor contract in conformity with the assigned tasks and with the prevailing salary standards in the corresponding field in the labor market;
b) Receive annual bonuses based on the evaluation of the performance of assigned tasks with a maximum amount not exceeding 06 months’ salary as prescribed in the contract;
c) Receive initial support of one month’s salary as prescribed in the labor contract for housing stabilization, transportation and essential purchases;
d) Be provided with funds for research and scientific exchange trips abroad when assigned by authorities, organizations or units in charge of programs, tasks or projects related to science, technology and innovation as required by the duties;
dd) Be provided with funds for organizing specialized international scientific conferences in Vietnam;
e) Be considered and designated to leadership and managerial positions by public science and technology organizations without the need to satisfy the requirements for length of service, planning or other requirements as prescribed by laws (if the organizations have such needs);
g) Be provided with appropriate accommodation;
h) Be entitled to be honored and nominated for awards and titles in science, technology and innovation in accordance with the laws;
i) Be provided with funds up to one month’s salary as prescribed in the labor contract for vacation annually;
k) Be provided with a voluntary health care package for talented individuals and their family (including spouse and children under 18) annually with a value not exceeding 02% of the talented individual’s annual salary according to the labor contract;
b) Be prioritized to be recruited to public education institutions in the area where they live for children under 18 years old.
2. In addition to policies prescribed in clause 1 of this Article, talented individuals conducting basic research shall enjoy the following policies:
a) Be provided with funds for using national key laboratories, high-tech research facilities or national innovation centers;
b) Be provided with funds for hiring research assistants and technicians to support tasks related to science, technology and innovation.
3. In addition to policies prescribed in clause 1 of this Article, talented individuals conducting application research shall enjoy the following policies:
a) Be provided with funds to participate in major technology fairs worldwide as required by the tasks;
b) Be provided with funds for hiring research assistants and technicians to support tasks related to science, technology and innovation.
4. In addition to policies prescribed in clause 1 of this Article, talented individuals conducting innovation tasks shall enjoy the following policies:
a) Be provided with funds to participate in international startup events, conferences and forums to promote products and connect with investors and partners as required by the tasks;
b) Be provided with funds for organization of programs connecting with domestic and international experts and investors to promote, develop products and expand markets as required by the tasks.
5. In addition to policies prescribed in clause 1 of this Article, talented individuals conducting research on social solution development shall be provided with funds for conducting, researching and studying international models as required by the tasks.
6. Based on criteria for talented individuals as prescribed in clause 1, Article 54 of the Law on Science, Technology and Innovation, authorities and organizations employing talented individuals shall propose the funds for implementing talent attraction and remuneration policies, and submit to the competent authority responsible for assigning tasks related to science, technology and innovation for consideration and decision.
7. In addition to clauses 1, 2, 3, 4 and 5 of this Article, based on the development orientation, strategic and key fields of the country, provinces/cities, ministries, central and local authorities are allowed to proactively promulgate mechanisms and additional support rates for talented individuals in science, technology, and innovation working within authorities and units under their management scope.
AWARDS OF MINISTRIES, CENTRAL AUTHORITIES, LOCAL AUTHORITIES; AND OF ORGANIZATIONS AND INDIVIDUALS RELATED TO SCIENCE, TECHNOLOGY AND INNOVATION
Section 1. ESTABLISHMENT AND ORGANIZATION OF THE AWARDS IN SCIENCE, TECHNOLOGY AND INNOVATION
Article 42. Regulations on establishment of awards in science, technology and innovation
1. Ministries, ministerial authorities, governmental authorities, other central-level state authorities and People’s Committees of provinces and cities (hereinafter referred to as ministries, central and local authorities) shall establish awards to honor individuals and collectives who are authors or co-authors of works with outstanding results in activities of science, technology and innovation that bring effective, positive impacts and influence the development of fields within their management; thereby, contributing to socio-economic development.
2. Domestic and foreign organizations and individuals may establish awards to honor individuals or collectives who are authors or co-authors of works with outstanding results in activities of science, technology and innovation bringing effective, impactful and positive contributions to science, technology and innovation in Vietnam; thereby, contributing to socio-economic development.
3. The name of an award shall comply with the following principles:
a) Not duplicate or cause confusion with the names of science, technology, and innovation awards that have been previously announced and used;
b) Not use the name of any organization or individual without their consent, their legal representative or the competent state authority;
c) Not infringe upon the interests of the State or the lawful rights and interests of organizations and individuals; not be contrary to social ethics, public decency or the cultural traditions of the Vietnamese.
Article 43. Authority and responsibilities for establishment and organization of the awards in science, technology and innovation
1. Ministries, central and local authorities that decide to establish awards in science, technology, and innovation shall have the following responsibilities:
a) Issue the Regulation on Award Evaluation with the following content: the name of the award; the frequency and time for the award organization; eligible subjects and fields of consideration; conditions and criteria for awarding; award structure and prize value; application for award consideration; procedures for awarding; composition and operational principles of the award evaluation council; forms used in the award evaluation process (registration form; summary report of the scientific, technological, and innovation work; minutes of the award evaluation council meeting and other relevant forms); and other contents suitable to the characteristics of the field, and specific conditions of the ministry, central and local authority (if any).
Within 30 days from the issuance of the Regulation on Award Evaluation, ministries, central and local authorities shall be responsible for sending the Regulation to the Ministry of Science and Technology for consolidation, supervision and management.
b) Organize the implementation of the award; recognize the award results; and announce and present the awards in accordance with the Regulation on Award Evaluation and laws on emulation and commendation;
c) Ensure funding, facilities and other necessary conditions for organizing the awarding and presentation of the awards.
2. Organizations and individuals may establish awards in science, technology and innovation, and organize the awarding. To establish an award, organizations or individuals shall submit a registration application and obtain approval from competent state authorities in accordance with Articles 50 and 51 of this Decree.
3. Authorities that establish and organize awards in science, technology and innovation shall comply with regulations on scientific integrity and professional ethics in accordance with laws on science, technology and innovation; ensure full protection of intellectual property rights, moral rights and lawful interests of organizations and individuals considered for the awards; comply with clause 4, Article 4 of Decree No. 152/2025/ND-CP dated June 14, 2025 of the Government on decentralization and delegation in the field of emulation and commendation; elaboration of some articles of the Law on Emulation and Commendation.
4. Authorities that establish and organize the awards are responsible for managing the data on award results and for implementing the reporting regime on awarding activities in accordance with the laws.
Section 2. AWARDS OF MINISTRIES, CENTRAL AND LOCAL AUTHORITIES IN SCIENCE, TECHNOLOGY AND INNOVATION
Article 44. Organization of awards of ministries, central and local authorities in the field of science, technology and innovation
1. Ministries, central and local authorities shall, based on their functions, fields, scope of management and specific conditions, decide the organization of awards in science, technology and innovation in accordance with the Regulation on Award Evaluation.
2. Funding for organizing the award and for the prize money shall be allocated from the state budget according to the current budget decentralization and from other lawful financial sources in accordance with the laws.
3. The frequency and time for the award organization, as well as the time for announcement and presentation of the awards shall be decided by the ministries, central and local authorities in conformity with practical conditions and laws on emulation and commendation.
4. Within 30 days from the announcement of the award results, ministries, central and local authorities are responsible for reporting the results to the Ministry of Science and Technology for consolidation, supervision and management.
Article 45. Conditions for awards of ministries, central and local authorities in the field of science, technology and innovation
1. Individuals or collectives who are authors or co-authors nominated for science, technology and innovation awards shall fully meet the following conditions:
a) Comply with the CPV’s guidelines and the State’s policies and laws;
b) Not commit any of the prohibited acts as prescribed in Article 14 of the Law on Science, Technology and Innovation.;
c) Comply with regulations on scientific integrity and professional ethics in accordance with laws on science, technology and innovation.
2. Have a scientific, technological and innovative works that simultaneously meets the following requirements:
a) Belong to a specialized field under the management of the ministry or central authority; or be carried out within the province/city and contribute to the development of the ministry, central authority, or to the local economic, social, defense and security development;
b) Have been published or applied in practice by the time the award nomination application is submitted;
c) Other conditions as prescribed by the ministry, central or local authority (if any).
Article 46. Standards for awards of ministries, central and local authorities in the field of science, technology and innovation
Ministries, central and local authorities shall establish criteria for evaluating scientific, technological and innovative works in accordance with practical conditions. Standards for evaluating works nominated for the award:
1. New
The research results of the work are not copied or duplicated; have not been previously published; or present a new approach to known issues.
2. Creativity
The work must demonstrate creativity by proposing new, unique solutions or significant improvements compared to existing research, technologies or methods.
3. Productivity
The work contributes new knowledge or scientific discoveries that bring transformative impacts to production and social life, or serve as a scientific basis for developing mechanisms, policies and laws under the management of the ministry, central or local authority;
The work contributes to improving quality of life, addressing issues in science, technology and innovation that meet practical needs, and has positive and exemplary impacts, helping to promote socio-economic development, national defense, security, environmental protection, international integration, and directly supporting the development of the ministry, central and local authority.
4. Practical applicability
The work must have high feasibility, be easily implemented, applied, or replicated in practice, and be consistent with current economic, social, and technological conditions.
Article 47. Applications, procedures for awards of ministries, central and local authorities in the field of science, technology and innovation
1. Applications for award nomination:
a) Original registration form for award nomination;
b) Original summary report of the scientific, technological and innovative work;
c) Proofs of publication or original written confirmation of the application results of the work;
d) Other documents related to the work (if any).
2. Procedures for awards of ministries, central and local authorities shall comply with point a, clause 1, Article 43 of this Decree.
Article 48. Composition and operational principles of the Award Evaluation Council of ministries, central and local authorities in science, technology and innovation
1. The Award Evaluation Council (hereinafter referred to as “Council”) shall be established to organize the evaluation and selection of scientific, technological and innovative works. The Council is prescribed as follows:
a) The Council consists of a President, a Deputy President and members. The members are managers, scientists or experts with appropriate professional qualifications and expertise in the field of the work nominated for the award. The number of Council members are decided by the respective ministry, central or local authority;
b) Council members must not have any direct or indirect interests related to the results of the nominated work, nor any other reasons that could affect the objectivity and transparency of the evaluation process;
c) In necessary cases, the person competent to establish the Council may invite representatives of authorities or organizations that have applied the scientific, technological, and innovative work to attend the Council’s meeting to provide additional information or expert opinions.
2. Operational principles of the Council:
a) The Council shall operate on the principles of fairness, democracy and objectivity. Voting shall be conducted by secret ballot;
b) The Council’s meeting shall only be conducted when at least three-fourths of its total members are present. The meeting must be chaired by the President or by the Deputy President authorized in writing by the President;
c) A scientific, technological, and innovative work nominated for the award must receive approval from at least 80% of the total Council members present at the meeting. In cases where multiple works receive an equal number of approval votes exceeding the award quota (if any), the Council shall conduct another round of voting to make the final selection.
Article 49. Rights and responsibilities of individuals and collectives who are authors or co-authors receiving awards from ministries, central and local authorities in science, technology and innovation
1. Individuals and collectives who are authors or co-authors receiving the award have the right to:
a) Receive a Certificate of Award issued by the competent authority;
b) Receive prize money not exceeding 100 times of the statutory pay rate for each award;
c) Enjoy other benefits (if any) as prescribed in the Regulation on Award Evaluation.
2. Individuals and collectives who are authors or co-authors receiving the award bear the following obligations:
a) Comply with laws on commendation and emulation, laws on science, technology and innovation;
b) Provide honest and complete information and documents to support the award evaluation process, and for storage, consolidation, statistical reporting and publication of information related to the award as requested by the competent authority;
c) Not use the title or award for purposes that violate the laws or are contrary to public morals and customs;
d) Return the award items and prize money in case of violation of the Regulation on Award Evaluation and the laws according to the decision on revocation of the award issued by the competent authority.
Section 3. AWARDS OF ORGANIZATIONS AND INDIVIDUALS IN SCIENCE, TECHNOLOGY AND INNOVATION
Article 50. Procedures for establishing and organizing awards of organizations or individuals residing or legally operating in Vietnam
1. Organizations or individuals residing or legally operating in Vietnam have the right to propose the establishment and organization of awards in science, technology and innovation.
2. Registration application for establishing and organizing an award includes:
a) The registration application form using Form No. 02 in the Appendix attached to this Decree;
b) Draft Regulation on Award Evaluation including the following content: name of the award; frequency and time for the award organization; eligible subjects and fields of consideration; conditions and criteria for awarding; award structure and prize value; application for award consideration; procedures for evaluation and awarding; composition and operational principles of the Council.
3. Procedures:
a) Organizations or individuals shall submit one set of registration application for establishing and organizing the award as prescribed in clause 2 of this Article in person or by post to province-level People’s Committee where the organization’s headquarters is located or where the individual resides, or submit it online to province-level People’s Committee via the National Public Service Portal;
b) Within 25 days from the receipt of the valid application, province-level People’s Committees shall review and issue a written decision on approval or disapproval of the establishment and organization of the award. A written notification specifying the reasons shall be sent in cases of refusal.
Article 51. Procedures for establishing and organizing awards of organizations or individuals not residing or operating in Vietnam
1. Vietnamese citizens residing abroad, and foreign organizations or individuals not residing or operating in Vietnam have the right to propose the establishment and organization of awards in science, technology and innovation in Vietnam.
2. Registration application for establishing and organizing an award includes:
a) The registration application form using Form No. 02 in the Appendix attached to this Decree;
b) Draft Regulation on Award Evaluation including the following content: name of the award; eligible subjects; principles, conditions, and criteria for awarding; procedures and processes for evaluation; rights of organizations and individuals receiving the award; and the time for the award;
c) In cases where documents in the application are in a foreign language, they must be accompanied by a notarized Vietnamese translation in accordance with the laws.
3. Procedures:
a) Organizations or individuals shall submit one set of the registration application for establishing and organizing the award as prescribed in clause 2 of this Article in person or by post to the Ministry of Science and Technology, or submit it online via the National Public Service Portal to the Ministry of Science and Technology;
b) Within 25 days from the receipt of the valid application, the Ministry of Science and Technology shall review and issue a written decision on approval or disapproval of the establishment and organization of the award. A written notification specifying the reasons shall be sent in cases of refusal.
c) If necessary, the Ministry of Science and Technology shall send a written request for opinions to relevant authorities. The authorities are responsible for responding in writing within 10 days;
d) If no response is received within 10 days, the Ministry of Science and Technology shall proceed to process the application in accordance with the laws.
Article 52. Policy application clause
1. In cases where human resources in the field of science, technology and innovation are eligible for multiple policies or regimes under different regulations, they shall be entitled to the highest single policy or regime as proposed by the authority or organization employing the personnel.
2. Public science and technology organizations under public science and technology organizations shall exercise financial autonomy and bear accountability for their organizational structure according to regulations of the superior organization as prescribed in internal management regulations of the organization.
1. This Decree comes into force from the date on which it is signed.
2. The following documents cease to be effective from the effective date of this Decree:
a) Decree No. 40/2014/ND-CP dated May 12, 2014 of the Government on employment and prioritization of individuals engaging in scientific and technological activities;
b) Decree No. 87/2014/ND-CP dated September 22, 2014 of the Government on attracting individuals who are Vietnamese people living abroad and foreign experts to participate in science and technology activities in Vietnam;
c) Decree No. 27/2020/ND-CP dated March 01, 2020 of the Government amending the Government’s Decree No. 40/2014/ND-CP dated May 12, 2014 on utilization of individuals’ participation in science and technology activities and the Government’s Decree No. 87/2014/ND-CP dated September 22, 2014 on attracting participation of Vietnamese people living abroad and foreign experts in science and technology activities in Vietnam;
d) Clauses 2 and 3, Article 1; clause 3, Article 4; clause 1, Article 5; clauses 2 and 3, Article 6; Articles 22, 23, 24, 25, 26, 27, 28 and 29 of Decree No. 18/2024/ND-CP dated February 21, 2024 of the Government on the Ho Chi Minh Prize, the State Prize and other awards in science and technology.
3. For recruitment of public employees without competitive examination; for designation of public employees to higher titles in the field of science and technology regardless of years of service; for consideration of the application of priority policies for talented young scientists; and for the recruitment of Vietnamese scientists residing abroad and foreign experts to participate in scientific and technological activities in Vietnam, if the competent authority has already announced the evaluation process or received dossiers for consideration before this Decree takes effect, such cases shall continue to be implemented in accordance with Decree No. 40/2014/ND-CP, Decree No. 87/2014/ND-CP, and Decree No. 27/2020/ND-CP.
4. Science and technology awards that have been implemented and whose award plans were announced before this Decree takes effect shall continue to be conducted in accordance with the applicable regulations until the awarding is completed.
Article 54. Responsibilities for implementation
1. The Ministry of Science and Technology shall provide guidelines and inspect the implementation of policies prescribed in this Decree.
2. Ministries, ministerial authorities, governmental authorities, province-level People’s Committees shall organize and report the results of implementation of policies prescribed in this Decree; and submit to the Ministry of Science and Technology before March 01 annually for consolidation and supervision.
3. Public science and technology organizations:
Organizations shall implement and be accountable to their superior management authority and the laws for decisions on exercising autonomy and accountability. They shall submit a report on the results of implementing the autonomy and accountability mechanism to the superior management authority by February 15 each year for consolidation and reporting to the Ministry of Science and Technology.
Ministers , Heads of ministerial authorities, Heads of governmental authorities, province-level Presidents of People’s Committees, relevant organizations and individuals are responsible for implementing this Decree./.
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ON BEHALF OF THE GOVERNMENT Nguyen Chi Dung |
