The Decree 99/2014/nd-Cp: Regulating The Investment Potential And Encourage Scientific And Technological Activity In Higher Education Institutions

Original Language Title: Nghị định 99/2014/NĐ-CP: Quy định việc đầu tư phát triển tiềm lực và khuyến khích hoạt động khoa học và công nghệ trong các cơ sở giáo dục đại học

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The DECREE stipulates the investment potential development and encouragement of science and technology activities in the higher education institutions _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the Government on December 25, 2001;
Pursuant to the law of higher education on 18 June 2012;
Pursuant to the law on Science and technology on June 18, 2013;
According to the recommendation of the Minister of education and training, the Government issued the decree regulating the investment potential and encourage scientific and technological activities in the higher education establishments.
Chapter I GENERAL PROVISIONS article 1. Scope this guide details the Account of Law 42 Article 1, college education, regulating the development potential and encourage scientific and technological activities in the higher education establishments.
Article 2. The object of this Decree apply apply to the College, University, Academy, College (hereinafter referred to as the higher education establishments); Scientific Research Institute within the scope of the task of training the degree to be assigned; organizations and individuals in and outside the country to participate in investment potential development and encouragement of science and technology activities in the higher education establishments.
Article 3. Explanation of terms in this document, the terms below are interpreted as follows: 1. the scientific and technological potential include the human resources of science and technology; intellectual property; the facilities, laboratories, equipment; financial resources to perform the tasks of science and technology.
2. scientific and technological activities in the institution is the University research activities, research and experimental implementations, technology development, technology applications, services, science and technology, promote initiatives and other innovative activities in order to develop science and technology.
3. A scientist is leading scientists meet the standards specified in article 15 of Decree 30/2014/ND-CP on May 12, 2014 of government regulation of the use of personal importance, scientific and technological activities.
4. young talented scientists, as scientists meet the standards prescribed in article 23 of Decree 30/2014/ND-CP on May 12, 2014 of government regulation of the use of personal importance, scientific and technological activities.
Chapter II INVESTMENT and DEVELOPMENT POTENTIAL in SCIENCE and TECHNOLOGY in the Article UNIVERSITY INSTITUTIONS 4. Investment content 1. Develop human resources in science and technology in higher education establishments, including the following: a) training, fostering faculty, research staff, management of science and technology;
b) building, the development of a strong research team, leading scientists, talented young scientists.
2. development of infrastructure in the institution to the University, including the following: a) the construction of national key laboratories, specialized laboratories, modern interdisciplinary and synchronization;
b) built the system library, magazines, infrastructure, information technology and databases in science and technology;
c) Purchased the intellectual property, the rights to access the database of science and technology of foreign countries;
d) Buy technology, supports transferring and importing technology from abroad in accordance with the law.
3. Expenditure for science and technology in higher education establishments, including the following: a) to perform the tasks of science and technology;
b) organise conferences, scientific seminars in the country;
c) funding announcement article on international scientific journals;
d) is Professor teaching support personnel, leading scientists, talented young scientists attending the Conference, workshop in the country;
DD) support the commercialization of the results of scientific research and technological development, incubation and technological innovation.
Article 5. Required development investment investment potential in science and technology in the higher education establishments should meet the following requirements: 1. Fit the strategy and direction of scientific and technological development of the country, higher education establishments.
2. Fit the ability to balance the State budget and other sources of legal income of higher education establishments.
3. Has the focus, focus, effectiveness and towards the final product.
4. Public, transparent, lawful.
Article 6. The object of investment priorities 1. University institutions have strong potential manpower research and application deployment, the University, the University of.
2. higher education establishments in the region there are social-economic conditions particularly hard, have an important role in the training of human resources, research and technology transfer service of socio-economic development of the region.
3. higher education establishments that meet the conditions specified in article 7 of this Decree; There are research programs related to the national product, the research priorities of the State.
Article 7. Priority investment conditions in higher education establishments are the investment priorities if it meets the following conditions: 1. There is strong potential manpower research, there are many research groups, Dr./Faculty rate reached 25% or over.
2. Complete the tasks of science and technology's annual schedule, effective; the results of scientific and technological activities in 3 consecutive years was good rating rating back up.
3. Science and technology enterprises or scientific research center, there are many applications of research results to production and life practices, effective social-economic high.
4. Conducting international cooperation on Science and technology effectively, there are many works published in international scientific journals.
Article 8. Investment capital investment capital development potential in science and technology in higher education establishments, including: 1. The State budget.
2. the legitimate income of higher education institutions.
3. The Fund for science and technology development of countries, ministries, business.
4. capital of organizations, individuals in and outside the country.
5. other legal capital.
Article 9. Investment approval 1. Every year, according to the plan was delivered, the University institution building project to develop scientific and technological potential of the approval authority.
2. The ministries, the people's committees of provinces and cities centrally approved investment projects development potential in science and technology in the institutions affiliated to the University in accordance with the law.
Chapter III ENCOURAGED SCIENTIFIC and TECHNOLOGICAL ACTIVITIES in the FACILITIES of HIGHER EDUCATION article 10. Encourage faculty members scientific research 1. Teaching staff in higher education institutions are entitled to the incentive policies, support for the following: a) tax incentives Affect individual income with respect to income from contract research science and technology development in priority areas, and the contract made in mountains , areas particularly hard under the provisions of the law;
b) bonuses do not exceed 30 times the common base salary if the publication was 1 article on the international science journal prestige in ISI list, SCI, SCIE. Bonus funding from science and technology career in traffic estimation for higher education establishments;
c) supports 50% registration fee for protection of copyright. Funding support from the funding for science and technology careers in the delivery estimates for higher education establishments;
d) Calculate the equivalent of 20 hours of instruction if the theory were published 1 articles on scientific journals have scale 1 in the category of the Council State Professor.
2. Faculty are scientists in higher education establishments are entitled to the incentive policies, supported by the provisions in Decree No. 40/2014/ND-CP on May 12, 2014 of government regulation of the use of personal importance, scientific and technological activities.
3. Professor is teaching personnel in tertiary education institutions are entitled to the incentive policies, support for the following: a) founded the research group for excellence in his field of expertise and the level of funding for the activities of the research group from the source of funding for science and technology careers;
b) support participation in seminars, conferences and international and domestic science in his field of expertise; the number of attending scientific conferences abroad no more than 2 times/year. Funding support from the funding for science and technology careers in the delivery estimates for higher education establishments;
c) prioritize delivery of mission chaired the science and Technology Ministry associated with the task of training in the form of securities the genus to the final product.
4. The instructors are young talented scientists in higher education institutions enjoy the policies encourage, support the provisions in Decree No. 40/2014/ND-CP on May 12, 2014 of government regulation of the use of personal importance, scientific and technological activities and enjoy the incentive policy other support, such as the following: a) the selection of priority in school raise the level in the country, outside the country;
b) facilitate participation of scientific research to promote the development of professional orientation, research. Priority delivery chaired the scientific missions and potential technology with stock form the genus to the final product;
c) consider financing participation in conferences and scientific seminars in the country in his field of expertise. Funding support from the funding for science and technology careers in the delivery estimates for higher education establishments;
d) review support using the national key laboratory, the laboratory, interdisciplinary majors to make scientific and technological tasks, unless this expenditure has been estimated in budget implementation tasks.
Article 11. Encourage enterprises, organizations, individuals and potential investment development activities in science and technology 1. Businesses, organizations, individuals are exempt from corporate income tax, individual income tax, import tax under the provisions of tax legislation when: a) investment and development potential in science and technology in the higher education establishments by profit before tax or after tax profit;

b) investment and development potential in science and technology in the higher education institutions by income before tax or after tax income;
c) imported the equipment, machinery and materials to develop investment potential in science and technology in the higher education establishments;
d) conduct technology transfer from higher education establishments;
DD) application of scientific research findings of higher education establishments to develop and innovate technology.
2. State recognition and protection of the right to own property, capital, income, the other legitimate rights and interests of enterprises, institutions and individuals when developing investment potential and encourage scientific and technological activities in the higher education establishments.
Chapter IV RESPONSIBILITIES and POWERS of UNIVERSITY INSTITUTIONS are INVESTING article 12. The responsibility of the institution to the University 1. Building plans, projects and mobilize funds for investment potential development and encouragement of science and technology activities in the higher education establishments.
2. Create favourable conditions for businesses, organizations, individuals involved in investment activity development potential and encourage scientific and technological activities in the higher education establishments.
3. Ensure 20% reciprocal capital for the development of science and technology resources are invested.
4. Ensure the correct use of the purpose, effectively investment capital; responsible before the law about the infringement in development investment potential in science and technology in higher education establishments.
5. Each year, spend a minimum of 5% of the funds from the legitimate source of revenue of higher education establishments to develop investment potential and encourage scientific and technological activities in the higher education establishments.
6. Every year, spend a minimum of 3% of the funding from tuition income of higher education establishments to students and the learning of scientific research activities.
Article 13. The powers of the institution the University 1. Be self decided the training, hiring, remuneration, the use of the teaching staff, research staff, management of science and technology in higher education establishments.
2. autonomy of decision investment items in total development investment potential in science and technology.
3. Be self decided to use the facilities, laboratories, equipment investment to serve scientific research, training, technology transfer and do science and technology services.
Chapter V IMPLEMENTATION article 14. The responsibility of the Ministry of education and training 1. Each year, construction cost estimation of investment potential development and encouragement of science and technology activities in the higher education establishments of the Ministry of education and training to send the Ministry of science and technology General sent the Ministry of planning and investment, Ministry of finance.
2. Guide and support investors make investment potential development and encouragement of science and technology activities in the institutions affiliated to the University.
3. Inspect, supervise, evaluate results, complaints, accusations, rewards and treats breaches of investment activity development potential and encourage scientific and technological activities in the institutions affiliated to the University.
Article 15. The responsibility of the Ministry of science and technology, in cooperation with the ministries, the people's committees of provinces and cities under central general annual budget estimates for the potential development of investment and encourage scientific and technological activity in higher education institutions , send the Ministry of planning and investment, Ministry of finance.
Article 16. The responsibility of the Ministry of planning and investment, Ministry of finance, in cooperation with the ministries, the people's committees of provinces and cities under Central balance, the layout of the annual State budget for investment and development potential and encourage scientific and technological activities in the higher education establishments.
Article 17. The responsibilities of the ministries, the people's committees of provinces and cities under central 1. Each year, construction cost estimation of investment potential development and encouragement of science and technology activities in the higher education institutions subordinated to the Ministry of science and technology, Ministry of planning and investment, Ministry of finance.
2. Guide and support investors make investment potential development and encouragement of science and technology activities in the higher education institutions by the Ministry, local management.
3. Inspect, supervise, evaluate results, complaints, accusations, rewards and treats breaches of investment activity development potential and encourage scientific and technological activities in the higher education institutions by the Ministry, local management.
4. report the implementation of investment projects development potential and encourage scientific and technological activities in the higher education institutions by the Ministry, local management, sent the Department of education and training, the Ministry of science and technology on November 20 before annually to General , track.
Chapter VI PROVISIONS Enacted 18. Effective enforcement of this Decree in effect enforced since December 15, 2014.
Article 19. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and organizations, individuals responsible for the implementation of this Decree.