Decree 8/2014/nd-Cp: Detailing And Guiding The Implementation Of Some Articles Of The Law On Science And Technology

Original Language Title: Nghị định 08/2014/NĐ-CP: Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Khoa học và công nghệ

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THE GOVERNMENT.
Numbers: 08 /2014/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 27, 2014

DECREE

Q The details and guidelines for the implementation of the Law of Science and Technology

__________________

Government Law Base December 25, 2001;

The Science and Technology Law base on June 18, 2013;

At the suggestion of the Minister of Science and Technology;

The government issued a regulatory regulatory regulation and guidelines for the implementation of some of the laws of Science and Technology,

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This decree specifies the details and guidelines of the implementation of the terms 11, 12, 15, 25, 30, 32, 41, 43, 46, and several other essential issues of the Law of Science and Technology related to the establishment of scientific and technological organization, representative office, branch of the organization. ministry of science and technology; independent evaluation of scientific and technological organization; sequencing, procedure of identification, scientific and special mission approval; the scientific and technological advisory board, organization, independent consulting expert; examination, assessment, assessment, assessment, and evaluation. the process of carrying out scientific and technological tasks; appraisal of the implementation of scientific mission and technology that does not use state budgets; development. Science and technology.

What? 2. Subject applies

This decree applies to organizations, individuals who operate science and technology and organization, and others are related to scientific and technological activities in Vietnam.

What? 3. Explain words

In this decree, the words below are understood as follows:

1. The scientific and technological organization is the scientific and technological organization organized by the competent authority at points a, b, c, d, e, e and g An Article 12 of the Law of Science and Technology and by political organization, political organization-society, establishment and political organization. Your investment.

2. Scientific and technological organizations in addition to the organization of science and technology led by the business, individuals and organizations of Vietnam are not defined by this Article 1 Article.

3. Scientific and technological organization with foreign capital is the organization of science and technology organized by the organization, the foreign individual founded or contributed to the organization, the Vietnamese individual established in Vietnam.

4. Science and technology topics are scientific and technological tasks that are primarily of discovery, discovery, nature, the laws of things, natural phenomena, societies, and thinking; creative solutions to practical applications, including those of the world. Basic research topics, applied research topics, experimental logging topics, or combination of basic research, application research, and experimental implementation.

5. The scientific project is the scientific and technological mission aimed at determining the basis of reasoning and practices that serve the construction of mechanisms, policies, laws.

6. The test production project is a scientific and technological mission aimed at the application of scientific research and experimental implementation to test solutions, methods, economic management models-socioeconomic or test manufacturing at a small scale aimed at finalization. new technology, new products before introduction into production and life.

7. The scientific and technological project is the scientific and technological mission addressing scientific and technological problems primarily serving the production of a product or focus product group, which has the effect of raising the technological level of a sector, a field of science and technology. And there is a major impact on the economic-social development of the country, implemented in the form of scientific and technological themes, project production projects, and project-based science and technology projects, organic, synchrony, and well-being. Proceed for a certain amount of time.

8. Science and technology program is the scientific and technological mission that has a common goal of solving scientific and technological problems that serve the development and application of science and long-term, or long-term technologies implemented in the form of a set of functions. topic of science and technology, project production projects, science and technology projects.

9. Scientific and technological mission is the subject of science and technology, science and technology project focused on solving scientific and technological problems that require high applicability and prospects, developing new research. or new product in the field of science and priority technology, national focus.

10. Scientific and technological mission in particular is subject to scientific and technological topics, scientific project, experimental production project, scientific project and large-scale technology serving defense, security, which has a strong impact on productivity, quality, and competiability, and a number of other projects. of the national product due to the National Assembly, the Prime Minister considers the decision.

11. Scientific and technological mission under the Protocol as a subject of scientific and technological topics, scientific project and construction cooperation technology, implementation and funding contribution between Vietnamese scientific and technological institutions with foreign partners in accordance with the scientific and technological institutions. the written agreement of the competent authorities of Vietnam and the competent authority of foreign countries.

12. Research pursuits to the function of science and technology to secure the routine research of scientific and technological organization, in accordance with the function, the task of regulation in the organization's charter and operations or the writing of the body. There is a regulatory authority on the functions of science and technology.

Chapter II

SCIENCE AND TECHNOLOGY ORGANIZATION

What? 4. The establishment of scientific and technological organization

The organization of science and technology is established when the following is eligible:

1. Organization and Operations Charter

a) The name of the scientific organization and technology that includes the full name, international trading name and abbreviation (if any), written in letters in the English alphabet, can be accompanied by the letters F, J, Z, W, digit and sign, pronounced. The full name includes the form of scientific and technological organization, the personal name of the scientific and technological organization.

The organization ' s name must be consistent with the main field of operations, not to be duplicated with the scientific organization and other technology, not to use words, symbols of historical tradition, culture, morality and the pure American form of democracy, warranless guarantees. We have violated the intellectual property rights of organizations, individuals are being protected in Vietnam.

b) The goal, the operational direction of the scientific organization and the technology that is not violated the regulations at Article 8 of the Law of Science and the technology and other laws of law is relevant.

c) The main office has a defined address by the administrative location, which has a telephone number, fax number, and email address (if available).

d) Representative.

Functions, tasks, and powers of the organization of science and technology that fit the target, the direction of operation.

e) The field of activity, belonging to one of the fields of scientific research, technological development, experimental implementation, production of testing; manufacturing, product business is the result of scientific research and technological development; scientific and technological services, and the development of technology. Yeah,

In the case of established personal science and technology, the sector operates under the provisions of Article 4 Article 20 of the laws of science and technology.

g) The organizational structure, mission and jurisdiction of the titles in the leadership apparatus and other agencies of the scientific and technological organization.

h) The regulatory capital of the organization, including cash and other assets that make money; the principle of increasing capital activity and other financial principles.

i) Conditions, sequence, merger procedure, division, separation, dissolution (if available).

) Commitment to comply with the law.

2. Science and technology workforce

a) Every scientific and technological organization must have at least 05 (the year) the person with a higher degree of undergraduate degree to include formal and/or-term employment, including at least 30% having specialized qualifications in line with the field primarily applying for active registration and at least 40%. It's official business.

The establishment of a scientific and technological organization for the development of new science and technology, the organization of science and technology must have at least one person who has a higher degree of undergraduate degree in the active duty registry.

b) The head of the scientific organization and technology must have a higher degree of undergraduate degree, which has management experience, professional competability.

For scientific and technological institutions as the basis of higher education, the head must meet the conditions under the law of higher education.

3. Physical Facility-Engineering

Having the right to own or the right to use headquarters, workshops, laboratories, equipment machinery, intellectual property, other physical facilities-other techniques for implementing the function, the mission of the scientific and technological organization.

4. For scientific organization and public technology must be consistent with the scientific organization network planning and public technology approved by the Prime Minister.

5. For the scientific organization and technology that has foreign capital must meet the regulatory requirements at the Section 3 Article 11 of the Law of Science and technology.

6. The Ministry of Science and Technology specifically instructs 1, 2 and 3 This.

What? 5. The authority to establish, merge, divide, split, dissolution of scientific organization and technology

1. Agency, organization, individuals have jurisdiction over the Article 1 Article 12 of the Scientific Law and the technology that decides to establish or allow the establishment of scientific and technological organization in response to all the regulatory conditions at Article 4 of this Decree.

2. Agency, organization, individuals with authority to establish scientific organization and technology have the authority to divide, separate, dissolve, merge the scientific organization and technology established by itself.

3. The authority to establish, merge, divide, dissociate, dissolution of the scientific organization and technology is the basis of higher education in accordance with the regulation of the law on higher education.

What? 6. The procedure, the procedure to establish scientific organization and public technology

1. The profile recommended establishing a scientific organization and public technology including the creation of the foundation, the founding project, the draft decision-making, the provision of organizational and operational charter.

2. The profile recommended establishing the scientific organization and public technology established in 2 (two) sets and sent to the authorities with the authority to establish the regulation at Clause 1 Article 12 of the scientific and technology law by post or direct mail.

3. During the 5-day period of work, since the date of receiving the prescribed record at Clause 1 Article, the authority has the authority to examine the validity of the profile. Case case is not valid, the agency has a written notification authority for the profile organization known for modification, supplements.

4. In the 30-day period since the date of the receiving of valid records, the following agencies must have the appraisal opinion:

a) the Ministry of Science and Technology for the organization of scientific and public technology in the Central;

b) Department of Science and Technology on other scientific and technological institutions.

5. The case of the Ministry of Science and Technology established scientific and technological organization directly, the Minister of Science and Technology established the interdisciplinary Council for the appraisal. The Council component consists of scientists, managers, legal experts, in which the Ministry of Science and Technology is not more than a third of the total membership of the Council.

6. In the 15-day period of work since the date of receiving the appraisal text, the authority has the authority to establish a review and decision to establish itself. The case does not approve of the establishment of scientific and technological organizations, the authorities have the authority to send a written notice to the organization, personally, and specify the reason.

7. The procedure, the founding procedure of scientific organization and technology is the basis of higher education in accordance with the provisions of the law of higher education; the establishment of the establishment of a public higher education institution must have the participation of the Ministry of Science and Technology.

What? 7. The procedure, the procedure to establish scientific organization and technology has foreign capital and scientific organization and technology outside of the public.

1. The proposed filing allows the establishment of scientific and technological organization with foreign capital including:

a) The proposed application for the establishment of scientific and technological organization by the template provided by the Ministry of Science and Technology;

b) The document confirms the legal status of the foreign organization;

c) The judicial calendar of the head of the scientific organization and technology has foreign capital;

d) The provision of organizational and operational charter;

The project is to establish scientific and technological organization, including the invention of the necessity of establishment; in accordance with strategy, scientific and technological development planning, Vietnam ' s social-economic development; goals, content, field, scope and scope. activities of science and technology in Vietnam; investment scale; envisage on the resources of science and technology; financial analysis (if any);

e) The proof documents meet the regulatory conditions at Article 4 of this decree;

g) The text of the Provincial People ' s Committee, the Central City of the Central Committee where the organization set its approval headquarters on the site of the headquarters of the scientific and technological organization;

h) The financial report that has been audits or other documents has the equivalent value in the last fiscal year of the organization, foreign individual;

The document in the specified profile at this paragraph in foreign language must be translated into Vietnamese.

The document stipulated at the points b, c and h this clause must be legally valid.

In the event of a project to establish a scientific organization and technology attached to the investment of construction work, the accompanying profile includes the construction project investment project (feasibility study reporting) under the law of building investment legislation.

2. The procedure, the procedure of establishing a scientific organization and technology has foreign capital including:

a) The profile is set up to 02 (two) the deposit on the Ministry of Science and Technology by post or direct mail;

b) During the 5-day period of work since the date of receiving the prescribed record at Clause 1 This, the Ministry of Science and Technology examined the validity of the profile. The case case is not valid, the Ministry of Science and Technology informs the organization, the individual who knows to modify, add.

Case of valid records, the Ministry of Science and Technology sent records of the opinions of the ministries, industry and related agencies;

c) In the 15-day period of work since the date of receiving the recommended record allows the establishment of scientific organization and technology with foreign capital, ministries, industry and related agencies with written opinion and responsible for the content under management functions, such as: Of course.

d) In the 45-day period, since the date of receiving valid dosages, the Minister of Science and Technology decided to allow the establishment, approval of the organizational and operational charter of the scientific organization and technology that has foreign capital and why send the decision to the city. The scientific organization and technology has foreign capital to the Ministry of Planning and Investment, Ministry of Finance, Ministry of Foreign Affairs, Ministry of Public Security, the Provincial People's Committee, the Central City of the Central Committee where the organization is approved to be headquartered;

The case is not approved, the Ministry of Science and Technology sends a written notice to the organization, the individual therein states the reason;

e) In the 90-day period, since the date of the decision to allow the establishment, scientific organization and technology have foreign capital established.

3. The organization, the individual decided to establish its scientific organization and technology beyond its own public. For scientific and technological institutions in addition to the institution of higher education, the establishment of law enforcement is the basis for the law of higher education.

What? 8. Authority Level Certificate of Registration Certificate of Science and technology

1. The Ministry of Science and Technology grant registration of scientific and technological activity for scientific and technological organization due to regulatory agencies at points a, b, c, d, e, and e Clause 1 Article 12 of the Law of Science and Technology and by political organization, organization. Political-social, social organization, social organization-profession in the Central establishment, scientific organization and technology with foreign capital and scientific organization and technology is the basis for higher education.

2. The Department of Science and Technology where the scientific and technology organization is based on the certification of scientific and technological activity for the scientific and technological organization is not defined at this 1 Article.

3. The Agency with the authority to grant the Registration Certificate of Scientific Activity and technology has the authority to grant change, the addition of the Certificate of Scientific Activity Registration and the technology, suspension, cancellation of the Certificate of Certificate of Scientific and Scientific Activity. Technology has been issued.

What? 9. The procedure, the registration procedure for scientific activity and technology

1. The operational registration record of the scientific organization and technology includes:

a) The application for scientific and technological activity;

b) The decision to establish scientific and technological organization;

c) the scientific background of the head of scientific organization and technology;

d) The organizational and operational charter was approved by the agency, the organization, the individual established approval;

The document proves to have enough human resources and facilities-engineering by law to operate science and technology, except for the case of scientific institutions and technology that has been regulated by the authorities at Clause 4 and Clause 5 Articles 6. It is determined that prior to the establishment or body of authority stipulated at the Point 2 Article 7 This decree allows it to be established.

The organization, the individual who registers scientific activity and technology is responsible before the law on the contents of the manifest in the prescribed profile at this paragraph.

2. The procedure, the registration procedure of scientific activity and technology including:

a) The registration of scientific activity and technology is set up to 2 (two) sets and sent to the agency with the authority to register for scientific and technological activity stipulated at Article 8 This Protocol by post or direct submission;

b) The authority granted the authority to grant the registration of scientific activity and technology that is responsible for checking the case. The case case is not fully regulated at Clause 1 This article in the period of a 5-day delay of work since the date of receiving the record, the authority has the authority to register scientific activity and the technology must inform the organization, the individual to modified, supplemated;

c) For a 15-day period of work, since the full date of the complete adoption of the prescribed profile at 1 Article, the authority has the authority to grant the Certificate of Registration Certificate of Science and technology. In the case of an unapproved scientific and technological registration record, the agency has the authority to register scientific activity and the technology to send in written notice to the organization, the individual within which states the reason.

3. The Minister of Science and Technology issued a Certificate of Science and Technology Registration Certificate, a document belonging to the registry of science and technology.

What? 10. Presentation, procedure for change, addition, reissue of the Certificate of Scientific and Industrial Activity Registration Certificate

1. For the case of change, the addition of the Certificate of Scientific Activity Registration and technology, the filing includes:

a) Single of the organization of science and technology;

b) The document is related to the change content, the corresponding addition;

c) The certificate for registration of scientific activity and technology has been granted.

2. For the case of resupply of the certificate of scientific activity and technology, the record includes:

a) Single of the organization of science and technology;

b) The confirmation of the public body, the receipt of the paper body, the station is notified of the loss of the certificate of registration of scientific activity and the technology or certificate of registration of scientific activity and technology that has been granted to the case of the Certificate. It's a scientific and technology-torn, broken-down technology.

3. The filing of the proposed change, addition, reissued the Registration Certificate of Scientific Activity and the technology established in 2 (two) sets and sent to the agency with the authority to register for scientific and technological activity stipulated at Article 8 This Protocol by the post office. Or send it directly.

For a 10-day period of work, since the full date of the filing is specified in Clause 1, Clause 2 This, the agency has the authority to take responsibility for consideration, granting the certificate of registration of scientific and technological activity. In the unapproved case, the agency has the authority to register scientific activity and the technology to send in written notice to the organization, the individual within which states the reason.

What? 11. Registration responsibility, scientific and technological activity report.

1. In the 60-day period, since the date established, the scientific organization and technology must register scientific and technological activities at the state authority under the prescribed jurisdiction at Article 8 of this Decree.

2. Scientific and technology organizations that do not implement the registration of scientific and technological activity under the regulation at Clause 1 This is not involved in the implementation of scientific tasks and technology using state budgets, not being invested by the State, supported by the government. The law, the law, and the law.

3. The scientific and technological organization is responsible every year or at the request of the state governing body of science and technology with the authority to report on the operational situation of the organization in accordance with the guidelines of the Ministry of Science and Technology.

What? 12. Suspend, cancel the validity of the Certificate of Scientific and Industrial Activity Registration

1. The certificate of registration of scientific activity and the technology is suspended for up to 6 months in the following cases:

a) Too 12 months from the date of the issue of the Certificate of Registration of Science and technology, scientific organization and non-deployment technology;

b) Stop functioning for less than 12 months without a major reason;

c) Not to implement the annual periodic report regime on the operational situation for the certification of the certificate of scientific and technology activity certification for 2 years in a row;

d) No longer meet the regulatory conditions at Article 4 of this decree for a continuous 12-month period;

) Non-registered for change, addition, reissued a Certificate of Science and Science Registration Certificate in the 12-month period from the date of the change, addition, or loss of a Certificate in Scientific Activity and technology.

2. The certificate for registration of scientific activity and technology is cancelled in the following cases:

a) Prescribation of the manifest content in the profile to be granted a certificate of scientific and technological activity registration;

b) It is too long to suspend the Certificate of Scientific Activity and the technology that the scientific organization and technology do not conduct remedied or unrecoverable measures at the request of the competent authority;

c) By decision, the offer of the competent authorities when the organization of science and technology has infringed behavior in operation.

3. The Certificate of Registration Certificate of Scientific Activity and technology has the right to suspend, revoking the validity of the Certificate of Registration of Scientific Activity and the technology and written notice to the Provincial People ' s Committee where the scientific and technology organization is located. The headquarters, the information on the agency's electronic information page, is receiving the registration of scientific and scientific activity.

What? 13. Science and technology organization.

1. One or a number of scientific and technological organizations (later known as the merged scientific and technology organization) can merge into another scientific and technological organization (later called the scientific organization and the incorporation recognition technology) by transferring the entire organization to the site. property, rights, obligations, and legal benefits to the organization of science and technology receive the merger, while ending the existence and deletion of the name in the register for the organization of science and technology being merged.

2. Import Proceds

a) The relevant scientific and technological institutions prepare to merge and draft the organizational and operational charter of the scientific organization and the adoption technology. The merger agreement must have the principal content of the name, the main headquarters of the scientific organization and the technology of mergers; names, the headquarters of the scientific organization and the merged technology; the procedure and the merger conditions; the method of using TB. The procedure, the procedure, the deadline and the conditions of asset conversion, the transformation of the contribution of the scientific organization and the technology is merged into the contribution of the scientific organization and the technology to the merger; the deadline for the implementation of the merger.

b) Organization, the individual founded the scientific and technological organization of scientific institutions and related technologies through the merger agreement, the Organization of the Organization and Operations of the scientific organization and the technology of mergers and acquisitions and the process of registering changes in Paper. Certificate of scientific and technological activity. In this case, the register for scientific activity and technology must be accompanied by a merger agreement. The merger agreement must be sent to all creditors (if any) and informed the worker for a 15-day period of work, since the date of the passage.

c) After the registration of scientific and technological activities, the scientific organization and technology was terminated to an end; the scientific organization and the acquisition of mergers enjoyed the legal rights and interests, responsible for the unpaid debts, the cooperation of the organization. co-workers and other property obligations of the organization of science and technology merged.

What? 14. Divide Science and Science

1. Science and technology organization can be divided into a number of scientific and technological institutions. The organization of science and technology is terminated with an end to the operation and deleting the name in the register after the establishment of the new science and technology organization, and the registration of the active registration certificate.

2. The procedure divides the organization of science and technology

The organization, the individual founded the scientific organization and technology divided through the decision to divide the scientific and technological organization according to the provisions of this decree and the organizational and operational provisions of the competent authority to establish scientific and technological institutions. The decision to divide the scientific organization and technology must have the principal content of the name, the main headquarters of the scientific organization and the divided technology; the names of scientific and technological organizations will establish; principles and procedures that divide the organization of scientific and scientific organization. technology; the use of labor; the deadline and the procedure to transform the portion of the funding of the scientific organization and technology is divided into newly established scientific and technological institutions; the principle of addressing the obligations of scientific organization and the technology of the lost technology. sharing; the time of implementation of the division of science and technology.

The decision to divide the organization of science and technology must be sent to all creditors (if any) and informed the worker for a 15-day period of work, since the date of the decision is valid.

3. Scientific and technology organization ceased to exist after new scientific and technological institutions were registered in science and technology. New scientific and technological organizations must be federally responsible for unpaid debts (if any), labor contracts, recruitment decisions and other property obligations of the scientific organization and shared technology or agreement with the creditor (if not required), the company said. There are, clients and workers to one of the scientific institutions and the technology to do these things.

4. The new scientific and technological institutions are formed after the division must meet the conditions, sequence, procedures on the establishment of scientific and technological organization and to publish scientific and technological operations according to regulation at this decree. In this case, the registration record for scientific and technological activities must be accompanied by a decision to divide the organization of science and technology.

What? 15. Separation of Science and technology

1. The scientific organization and technology can be separated by transferring part of the assets of the existing scientific and technological organization (later called the scientific organization and the separated technology) to establish one or several new scientific and technological institutions (later known as "scientific and technological institutions"). Science and technology organizations are separated, and part of the scientific and technology organization's rights and obligations are separated from the scientific organization and technology that does not end the existence of the scientific organization and the technology that is separated.

2. The procedure separating scientific and technological organization

The organization, the individual founded the scientific organization and technology that was separated through the decision to separate the scientific and technological organization under the regulation of this decree and the organizational and operational terms of the scientific and technological organization. The decision to separate the scientific organization and technology must have the principal content of the name, the main headquarters of the scientific organization and the separation technology; the name of the scientific organization and the separated technology will be established; the method of using labor; property values, and other institutions. The right and the obligation to be transferred from the scientific organization and technology to the scientific organization and technology are separated; the deadline for the separation of science and technology. The decision to separate the scientific organization and technology must be sent to all creditors (if any) and informed the worker for a 15-day period of work, since the date of the decision is valid.

3. The scientific organization and technology is separated and the scientific organization and technology are separated must be held accountable for unpaid debts (if any), the labor contract, the recruitment decision and other property obligations of the scientific and public institutions of the country. The art of separation, except for another agreement.

4. The new scientific and technological organization is formed after the separation of the terms, sequence, procedures on the establishment of scientific and technological organization and the registration of scientific and technological operations by regulation at this decree. In this case, the registration record for scientific and technological activities must be accompanied by a decision to separate the scientific and technological organization.

What? 16. Science and technology organization

1. The body of scientific organization and technology is the termination of the operation of scientific and technological organization. The dissolution of the scientific organization and technology is carried out in the following cases:

a) The end of the activity deadline has been written in the organizational and operational Charter of the scientific and technological organization without a decision to renew;

b) By the decision of the agency, the organization, the individual has jurisdiction;

c) The validity of the certificate of registration of scientific and technological activity.

2. The scientific and technological organization is only dissolved upon ensuring the payment of all other debt and property obligations.

3. The procedure, the dissolution of the scientific organization and technology

a) The organization, the individual who has the authority to establish scientific organization and technology that determines the dissolution of science and technology. The dissolution of the dissolution must have the following: name, address of the headquarters of the scientific and technological organization; the reason for dissolution; the deadline, the procedure for contract liquation and payment of the debt of scientific and technological organization (if available); the payment deadline. debt, the contract liquing is not to exceed 06 (six) months, since the date of the dissolution of the dissolution is valid; the method of handling the obligations arise from the labor contract, the recruitment decision; they, the name, the signature of the representative under the law of the scientific organization. learning and technology; organization, individuals founded scientific organization and technology organization that organizes the organization of science and technology, except for the case of treatment. the organization and operation of the scientific organization and the technology that regulates the establishment of a separate liquation organization.

b) In the 10-day period of work, since the day of the board, the decision to dissolve the scientific organization and technology must be sent to the registry of scientific and technological activities, the creditors (if any), the right, obligations and interests, the labourers. dynamic in the scientific and technological organization and must be publicly listed at the headquarters, branch, representative office of the scientific and technological organization. The dissolution decision is sent to the creditors accompanying the notification of the debt settlement method (if any). The notification must be named, the address of the creditor; the amount of debt, the deadline, the location and the method of payment of that debt; the way and the deadline to resolve the creditor of the creditor.

The decision to dissolve the scientific organization and technology must be posted at least on a local print newspaper where the headquarters are located in 3 (three) consecutive numbers or electronic pages of the Ministry, industry or province where the headquarters are located.

c) In the 10-day period of work, since the day of payment of the debts of the scientific and technological organization, the law-based representative of the scientific organization and the technology must send a notice of the completion of the prescribed obligations at this point b Point. and the Certificate of Registration of Science and technology to the registry of scientific and technological activity. For a 10-day period of work, since the date of the adoption of valid files, the registry of scientific activity and technology is the name of the scientific and technological organization in the register of science and technology.

What? 17. Pressure, division, separation, dissolution of the scientific organization and technology is the basis of higher education.

The merger, division, separation, dissolution of the scientific organization and technology was the basis of higher education made under the law of the law of higher education. For the split case, the separation must be required under the provisions of Article 6 of this Decree on the order, the procedure for which the organization of science and technology is established.

What? 18. The establishment of scientific organization and technology directly abroad.

1. The Vietnam Science and technology organization established the scientific organization and technology directly abroad must have an offer accompanying the proof documents that meet the following requirements:

a) There is a project to establish a scientific organization and technology directly abroad;

b) Full implementation of the financial obligations to the State;

c) Not in violation of the prohibation of the Law of Science and the technology and other legislation concerned;

d) Compliance with the provisions of the law on cooperation, investment with foreign countries in the field of science and technology.

2. In the 30-day period, since the recommended adoption date and the accompanying documents, the Ministry of Science and Technology have a written notice of meeting the regulation requirements at Clause 1 This sends the authority to be competent. The authority, the procedure, procedures allow the establishment of scientific and technological organization directly abroad to follow the provisions of the law on cooperation, investment with foreign countries in the field of science and technology.

3. For a 30-day period, since the date of being allowed to establish scientific organization and technology directly abroad, the organization of science and technology stipulated at Section 1 This must inform the Ministry of Science and Technology.

What? 19. Representative Office, branch of the scientific and technological organization

1. The representative office is the subordinate unit of the scientific and technological organization, which represents the mandate for the benefit of the scientific and technological organization and the practice of protecting those benefits.

2. The branch is a dependency of the scientific and technological organization, which performs all or part of the functions of the scientific and technological organization, including the authorized representative function.

3. The representative office, branch of the scientific organization and technology that has no legal status, is not established in the representative office, the subordinated branch. The active sector of the representative office, the branch must be consistent with the area of activity of the scientific and technological organization.

What? 20. The founding condition and registration of representative office activities, the branch of the scientific organization and the domestic technology organization.

1. The condition of establishing a representative office, branch

a) The area of the operation of the representative office, the branch must be consistent with the functioning field of the scientific and technological organization.

b) The establishment of the representative office, the branch is regulated in the Charter of the Organization and Operations of the organization of science and technology.

c) The representative office must have at least 2 (two) persons with a higher degree of elevation; the branch must have at least 3 (three) of the person with a higher degree of higher education, of which at least 01 (a) professional qualifications in the field primarily apply for active registration. The head must have a higher level of higher education and official work at the representative office, branch office.

d) The office represents, the branch must have its headquarters as for the scientific and technological organization stipulated at this decree.

2. The scientific and technological organization is responsible for registering representative office activities, branches at the Department of Science and Technology where the office headquarters are representative, branch offices. Registration records set up to 02 (two) sets, including:

a) Active registration;

b) The decision to establish a representative office, branch;

c) The background of the head of the representative office, branch;

d) The proof of the manpower, the headquarters of the representative office, branch;

A copy of the scientific and technological activity of the scientific and technological organization.

3. In the 15-day period of work, since the date of the receiving of valid records, the Department of Science and Technology is responsible for granting a Certificate of Representative Office Activity, branch. The case does not agree, must respond in writing to the organization, personally and specify the reason.

4. In the 15-day period of work, since the date is granted a representative office of representative office, branch, scientific organization and regulatory technology at paragraph 2 This must submit a copy of the representative certificate of office activity, branch to the body. The certificate has issued a certificate of registration of scientific and technological activity for himself.

5. The Ministry of Science and Technology specifically instructs the document in the office of representative registration of the representative office, branch of the scientific organization and regulatory technology at Clause 2 This and the Certificate of Representative Office Operations, branch.

What? 21. Conditions, sequence, procedures for establishment of representative office, branch in Vietnam of the scientific organization and foreign technology of the country.

1. Scientific and foreign technology organization is established as a representative office, branch in Vietnam when it meets the conditions under the provisions of Article 2 Article 15 of the Law of Science and Science.

Representative office, the branch must meet the stipulation conditions at Article 20 of this Protocol.

2. The filing recommended granting a license to establish a representative office in Vietnam of the scientific organization and foreign technology including:

a) The application to grant a license to establish a representative office represented by the competent representative of the scientific organization and foreign technology;

b) The copy of the operational registration paper or paper with the equivalent value of the scientific organization and foreign technology was established by the competent authorities. In the case of an active registration paper or paper with an equivalent value of the foreign organization's operating deadline, the deadline must be at least 1 years.

c) The financial report has an audit or other document with equal value in the most recent fiscal year of the scientific and technological organization;

d) Copy the organizational and operational charter of scientific organization and foreign technology;

The judicial theory of the head office of the scientific organization and foreign technology;

e) The approval text of the Provincial People ' s Committee on the permission to set the headquarters of the representative office.

The papers stipulate at points b, c, d, and this clause must be translated into Vietnamese and legally legalised.

3. The filing recommended a license to establish a branch in Vietnam of the scientific organization and foreign technology organizations including:

a) The application to grant a license to establish a branch due to the competent representative of the scientific organization and foreign technology;

b) The copy of the organization and operation of the branch, which specifies the scope of the mandate for the head of the branch;

c) The copy of the operational registration paper or paper with the equivalent value of the scientific organization and foreign technology was given by the authorities where the organization was established or registered as a confirmation activity. In the case of an active registration paper or paper with an equivalent value of the organization's operating deadline, the individual then has to be at least three years.

d) Other financial or other document-based financial reporting has equivalent value in the most recent fiscal year of the scientific and technological organization;

The judicial theory of the head of the branch of scientific organization and foreign technology;

e) The approval text of the Provincial People ' s Commission on allowing the headquarters of the branch.

The papers stipulate at points b, c, d, and this clause must be translated into Vietnamese and legally legalised.

4. Presentation, the procedure to establish a representative office, the branch in Vietnam of the scientific organization and foreign technology including:

a) The filing recommended granting a license to establish a representative office, the branch of the scientific organization and foreign technology established in 2 (two) ministries and sent to the Ministry of Science and Technology;

b) In the 60-day period, since the date of receiving valid records, the Ministry of Science and Technology for the organization of science and technology abroad the license to establish a representative office, branch and submit a copy of the license to the Ministry of Commerce, Ministry of Foreign Affairs, Ministry of Public Affairs an, the People ' s Committee, the Central Committee of the Central Committee where the office represents, the branch is headquartered;

c) The case case is not valid, during the 5-day period of work, since the date of the filing, the Ministry of Science and Technology announced in writing to organize the additional scientific and foreign technology, complete the profile;

d) During the review of the license application, if the test was needed, during the 10-day period of work, since the date of the recipient's valid records, the Ministry of Science and Technology presided, in coordination with the ministries, the relevant agency that conducted the case appraisal. The proposal was established;

In the process of reviewing the proposed license, the Ministry of Science and Technology had the right to require scientific organization and foreign technology to publish relevant documents to demonstrate in the profile of the information needed to be clarified;

e) The case is not eligible for a license to establish a representative office, branch, Ministry of Science and Technology must inform the publication of the scientific and foreign technology organization and specify the reason.

5. The Ministry of Science and Technology specifically instructs the proposed license to establish a regulatory representative office at Point 2 This, the single proposed a license to establish a branch of the regulatory branch at Point 3 This Article and the license to form a license. Representative office, branch in Vietnam of the scientific organization and foreign technology stipulated at point b 4 This; procedures, renewables, additions, suspension, suspension, cancellation of the license to establish a representative office, branch, branch,

What? 22. Rights and obligations of the representative office, the branch in Vietnam of the scientific organization and foreign technology.

1. Representative Office, the branch has the following rights:

a) Being protected by the State of Vietnam for legal rights and interests by the provisions of the Vietnamese law and the International Treaty that the Socialist Republic of Vietnam is a member;

b) There is a seal bearing the name of the representative office, branch of the scientific organization and foreign technology according to the current regulation of the other law which is relevant;

c) The lease of the headquarters, rent, purchase of vehicles, items required for the operation of representative office, branch;

d) Open the account by foreign currency, with the Vietnamese copper at the bank allowed to operate in Vietnam and only use this account in the operation of representative office, branch;

Employers are Vietnamese, foreigners to work at the representative office, branch under the provisions of the other laws involved;

e) Other rights under the rule of law on science and other technology and law are related.

2. Representative Office, the branch has the following obligations:

a) Activity according to the right content, the area of activity specified in the Legislative License;

b) The implementation of the change, addition, level, extension of the License established under the provisions of the other law is relevant;

c) The chief of the representative office, the branch responsible for all activities of representative office, branch in Vietnam, is responsible for periodic reporting on the operation of representative office, branch in Vietnam to the body-level licensing agency. established before December 15 annually; the report, which provides documentation, explains the problems associated with the requirements of the competent authorities of Vietnam;

d) The chief of the representative office, branch of the scientific organization and foreign technology organization in Vietnam perform the mandate under the mandate of scientific organization and foreign technology within the scope and the authorized deadlines;

Other obligations under the laws of science and technology and other law are related.

What? 23. The Vietnam Science and technology organization established its representative office, branch abroad, and overseas.

1. The scientific organization and technology organization established the representative office, the overseas branch with a single offer accompanying the proof documents that meet the following requirements:

a) As far as the time of the establishment of the branch has had a minimum operating time of 3 years, and as of the time the offer of the establishment of the representative office had a minimum operating time of 1 year;

b) There is a proposal to establish a representative office, a foreign branch that is feasible; the objective, the clear operational direction, the regulation of the law of Vietnam;

c) Accept the right of the annual operational situation report for the certification authority of the Registration Certificate of Science and technology and other obligations to the state;

d) Compliance with the provisions of the law on cooperation, investment with foreign countries in the field of science and technology. There is no violation of the laws of the law on science and other technology and other laws that are relevant.

2. In the 30-day period, since the recommended adoption date and the accompanying documents, the Ministry of Science and Technology has a notification text about meeting the regulatory requirements at Clause 1 Article.

3. In the 30-day period, since the date is allowed to establish a representative office, overseas branch, scientific organization and technology must inform the Ministry of Science and Technology.

What? 24. Independent review of scientific and technological organization

1. The independence of evaluation, ranking of scientific organization and technology organized by the organization, individual self-implementation or implementation of contract with the organization, other individuals.

2. The organization, the individual who performs the independent evaluation, ranks scientific organization and technology must follow the regulations at Section 3 Article 16 of the Law of Science and technology.

3. Xiao, the method of evaluating scientific organization and technology organised by the independent assessment organization and must be publicly published in the media.

4. Capacity for evaluation, rating of organizational science and technology, individual assessment individuals must be published publicly on popular media.

5. The organizational case, the individual who performs the evaluation, ranks scientific organization and technology under contract, the rights and obligations of the parties are made under the regulation of the contract.

Chapter III

SCIENCE AND TECHNOLOGY MISSION

What? 25. Science and technology mission using the national state budget

1. Scientific and technological mission using the national state budget is the scientific and technological mission that meets the following criteria:

a) There is importance to economic development-social, defence, security within the country; there is an important role to enhance the potential scientific and technological potential;

b) addressing the scientific and technological issues associated with many industries, many sectors, interregions; and more.

c) It is possible to mobilize the national resources, which can be involved in many scientific and technological disciplines.

2. Scientific and technological mission using a national state budget that includes:

a) The national science and technology program, including: the scientific program and the national level of focus technology and other national science and technology programs;

b) National level science project;

c) National scientific and technological subject;

d) A national test production project;

The national science and technology project;

e) Proposition of science and technology, scientific and technological projects according to the protocol;

g) The scientific project, scientific and technological subject, scientific project and special technology;

h) Proposition of science and technology, scientific project and national level potential technology;

i) The national scientific and technological mission is particularly important to address the nation's emergency requirements for security, defense, natural disasters, epidemics and development of science and technology.

3. Scientific and technological mission using a national state budget led by the Minister of Science and Technology, contracted by the contract, except for the specified case at Clause 4 This.

4. Scientific and special technology mission, approved by sequence, procedure stipulated at Article 30 of this decree.

What? 26. Scientific and technological mission using the state-level state budget.

1. Scientific and technological mission using the state-level state budget is the scientific and technological mission that meets the following criteria:

a) There is importance to the development of the sector, the field;

b) addressing the scientific and technological problems within the sector, the field; and

c) There is a use of the department ' s scientific and technological career budget, the industry.

2. Scientific and technological mission using a ministerial-level state budget led by the Minister, the Prime Minister, the government agency, the other state agency in the Central Committee to approve and sign the task of carrying out the mission, including:

a) Program of science and technology;

b) level scientific project;

c) Proposition of science and technology-level technology;

d) Level testing production project;

The scientific and technological projects;

e) of science and technology, project science and technology.

What? 27. Science and technology mission using the provincial state budget.

1. Scientific and technological mission using the provincial state budget is the scientific and technological mission that meets the following criteria:

a) There is importance to economic development-the society within the province;

b) Resolve problems of science and technology within the province;

c) There is the use of the province ' s scientific and technological career funding.

2. Scientific and technological mission using the provincial state budget approved by the chairman of the Provincial People ' s Commission and contracted to perform tasks, including:

a) The scientific program and the provincial technology;

b) Provincial scientific project;

c) Proposition of science and provincial technology;

d) Provincial testing production project;

The scientific and provincial technology project;

e) Proposition of science and technology, scientific project and provincial potential technology.

What? 28. Scientific and technological mission using the basis of state-level state budget

The scientific and technological mission uses the state-level state budget as a scientific and technological mission to address the scientific and technological issues of the facility and by the Chief of the Council to sign the implementation of the following:

1. Scientific and technology-level technology.

2. Science and technology project.

What? 29. The Measure Measure to propose scientific ideas, scientific and technological tasks

1. The State encourages, facilitefactors for every organization, the individual to propose scientific ideas, scientific and technological tasks. The scientific idea was sent to the governing body of science and technology.

2. The governing body of science and technology is responsible for receiving, organizing the evaluation of scientific ideas led by the organization, the individual proposed.

3. Encourage to organize, individual organizations to search for scientific ideas.

4. Scientific ideas are selected through the evaluation activities of the governing body of science and technology or from the institutions that are managed by the management of science and technology, instructs to continue to perfect the idea of becoming a scientific mission. They ' re learning and technology-based.

5. Science and technology ideas became the scientific and technological mission approved, who proposed the idea of priorititi-being a priority assignment or participation in the task and being rewarded under the rule of law.

What? 30. Presentation, procedure for identification, scientific mission approval and special technology

1. The criteria for defining specific scientific and technological tasks

a) There is a large scale serving the direct defense of the security defense, which has a strong impact on the productivity, quality and competiability of the national product;

b) The use of an external state budget bill for scientific and technological tasks annually is required;

c) The need for the mechanism, the special policy.

2. The authority decides to approve the special scientific and technological mission.

a) For specific scientific and technological tasks of the project type, the national important work of the National Assembly decides to advocated investment by the Ministry of Science and Technology, in coordination with the government-related agencies to submit to the National Assembly. the regulation of the relevant law;

b) The case of scientific and technological duty in particular is not defined at this point, the Ministry of Science and Technology, in coordination with the relevant agencies of the Prime Minister.

3. Proposal for the task of science and special technology specified as follows:

a) Ministry, peer-to-peer agency, government agency, Provincial People's Committee and other state agencies in the Central Committee to propose special scientific and technological tasks according to the records sample issued by the Ministry of Science and Technology and sent to the Ministry of Science and Technology;

b) The Ministry of Science and Technology is in charge of aggregation, organizing the proposed appraisal of scientific tasks and special technology for the state agency to have the authority to review, decide.

What? 31. Science and technology mission using state budget is delivered directly to the public.

1. Scientific and technological mission using the state budget is delivered directly to the scientific and technological mission of one of the prescribed cases at Clause 1 Article 30 Scientific and technological Law.

2. The head of the state governing body of science and technology of organizational options, individuals are eligible for the task of carrying out scientific and technological tasks. The organization, the individual is tasked with scientific and technological tasks to create and protect before the Scientific and technological Council established by the state governing body of science and technology.

3. The scientific organization and technology are directly assigned to the scientific and technological tasks that may be held to perform these tasks in the method of casting or communicating directly to the collective, individual within their organization. If done by the selection method then must be established by the Board of Selection at Section 5 Article 29 of the Law of Science and Technology and the guidelines of the Ministry of Science and Technology. The implementation of a direct communication method must establish the Board of Science and the review technology for scientific and technological tasks.

4. In the case of necessity, the head of the state governing body for science and technology has the right to take more of the organization ' s advisory opinion, the independent consultant consultant before the decision.

What? 32. Science and Science Advisory Council

1. The Advisory Council defines the scientific and technological mission, the Advisory Council for the implementation of the scientific and technological task, the direct communication advisory council that performs scientific and technological duty and the Advisory Council on the Practical Results of the Practical Results. The scientific and technological mission (later called the Scientific Advisory Council and the technology) led by the head of the state governing body of science and technology established by authority.

2. The section of the Scientific Advisory Council and the technology that includes scientists, agency representatives, organization proposal organization, agency, order organization, managers, business managers and expertise in line with the task of consulting.

The Scientific Advisory Council and the technology consists of the President, Vice President, (two) members as a member of the counteract, the commissioner of science, and other members.

3. A member of the Scientific Advisory Council and National Technology Council is a scientific and technological basis by the Ministry of Science and Technology of the Ministry of Science and Technology.

What? 33. Scientific and technological advisory council

1. Scientific and technological advisory council works in accordance with the principle of democracy, objective, honesty, compliance with law and occupational ethics. Members of the Council of Public Affairs discuss the content of the consultation. The opinion of the Council members and the petition of the Council must be established in writing. The Council members are responsible for their consultation.

The General Assembly session is conducted when there are at least two-thirds of the board members who attend, including the Chairman or Vice President of the Commission, and must be full members of the countermeasures and the scientific secretary commissioner.

2. Scientific and technological advisory council for the point, classification or vote-in criteria provided by the Minister of Science and Technology.

3. The operating budget of the Council of Science and technology advisory, organizational funding, independent consulting experts on scientific and technological tasks using the state budget are administered by the state governing body of science and technology into a state of science and technology. It ' s from a career budget for science and technology. A member of the Scientific Advisory Council and the technology, organization, and independent consultants are paid for the task of carrying out the task from the provisions of the provisions of this clause.

Funding for the activities of the Scientific Advisory Council and the technology for the mission does not use the state budget due to the organization, the investment individual carrying out the scientific mission and the self-paying technology.

What? 34. Organization, independent consulting expert

1. The independent advisory organization is the organization of science and technology that has the capacity and experience in the field of expertise to advise.

2. The independent consulting expert is the person with a degree from the university to come forward, having the capacity and experience in the field of expertise to advise. Independent advisory experts on scientific and national technology are subject to scientific and technological technical databases published by the Ministry of Science and Technology.

3. The Ministry of Science and Technology Guide this Article.

What? 35. The responsibility of the Member of the Scientific Advisory Council and the technology, organization, independent consulting expert

1. Operating in accordance with the principle of democracy, adhering to the professional, independent, honest, objective, and scientific ethics of consulting activity.

2. Take responsibility for your consultation opinion.

3. Keep the information confidential in the course of consultation, unless there is another regulation or law.

4. Full execution in accordance with regulation, agreement.

What? 36. Check out, evaluate during the course of scientific mission and technology.

1. The state governing body for science and technology-level technology must conduct periodic examination or break-up and evaluate the implementation of the scientific mission and technology that uses the state budget on scientific content, implementation progress, and the implementation of the project. Use the budget. In the event that the head of the head of state management of science and technology can regulate scientific content, progress and method of use of the funding made to suit the practical requirement, or end the implementation of the process, he said. That task and the responsibility for your decision.

2. The Ministry of Science and Technology specifically instructs the order, the procedure of inspection, evaluation of regulation at this.

What? 37. Judge results on scientific mission and technology that does not use the state budget.

1. The results of scientific and technological tasks do not use a state budget that has the potential to influence national interest, defense, security, environment, lives, human health, and a state governing body of science and technology. Appraisal technology before application to production and life.

2. Organization, the individual who uses the results of the task of science and technology stipulated at this 1 Article is responsible:

a) To the filing of the appraisal of the appraisal to the state governing body of science and technology. The profile recommended that the appraisal include: the appraisal proposal; the approved theory (if any); the results of the research and related documents;

b) The expense of the assessment organization, appraisal.

3. The Ministry of Science and Technology directed this.

What? 38. Support for scientific mission and associated technology

1. Scientific and technological mission due to the organization of science and technology, scientists aligned with other businesses and organizations to identify, implement scientific and technological tasks that require innovation, enhancing the level of technology, productivity, quality, and quality of life. and the competitiability of the product, the following goods are called scientific and technological tasks.

2. The conditions that support the scientific mission and associated technology include:

a) The scientific and technological mission must be established into the scientific and technological project of the targeted enterprise, research and product specific products that serve directly demanding innovation, enhance the level of technology, productivity, quality, and energy, and the work of our products. the competition of products, goods;

b) The project must be feasible;

c) The product of the project is capable of application to manufacturing, business;

d) The project must be approved by the authority ' s chief minister;

The scientific and technological task must be established as a project to carry out the scientific mission and national technology in the field of priority, the focus of the State.

3. The form of support for scientific mission and link technology

The scientific and technological tasks that meet the conditions of regulation in paragraph 2 This are supported by the State not to revoking the investment capital for the project in terms of the project's activities related to the science and technology activities of the project.

4. Scientific and technological mission support level

a) The project meets regulatory conditions at points a, b, c and d 2 This is supported up to 30% of the investment capital of the project;

b) The project meets regulatory conditions at points a, b, c and d 2 This implementation in the troubled socioeconomic zone, particularly difficult to support up to 50% of the investment capital of the project;

c) The project meets regulatory conditions at points b, c, d and clause 2 This is supported up to 50% of the investment capital of the project;

d) The level of support, the source of specific support funding for each project led by the authority of the agency with the authority to approve the decision project.

5. The sequence, the procedure supports scientific mission and associated technology.

a) The organization, the individual with the need to support the filing of the profile of 2 (two) the deposit on the authority with the authority to approve the project by post or direct mail;

b) After receiving enough valid records, the Chief Minister of the Authority has approved the project to approve the project to establish the Advisory Council for Scientific and technological project assistance. The Council consists of the representative of the Ministry of Science and Technology, the Ministry of Finance, the Ministry of Industry Management, the relevant field and the scientists. The Advisory Council is responsible for reviewing the need and the level of support;

c) The Ministry of Science and Technology Guide to the sequence of the sequence, the procedure supports regulation at this paragraph.

Chapter IV

OWNERSHIP OF THE OWNERSHIP, THE RIGHT TO USE THE RESULTS OF SCIENTIFIC RESEARCH AND TECHNOLOGICAL DEVELOPMENT, SCIENTIFIC BASIS APPRAISAL, TECHNOLOGICAL APPRAISAL IN INVESTMENT PROJECTS, ECONOMIC DEVELOPMENT PROGRAMS-SOCIAL AND ECONOMIC DEVELOPMENT.

What? 39. The ownership of the ownership, the right to use the results of scientific research and technological development using state budgets.

1. The delivery of the entire ownership of the results of scientific research and development of the technology is done under the agreement between the state-owning owner and the presiding organization or when responding to one of the following conditions:

a) Organizing organization has the ability to apply or commercialize the entire results of scientific research and technological development;

b) The host organization has the ability to apply or commercialize part to the results of scientific research and technological development cannot be divided into independent parts for application or commercialization.

2. The delivery of a portion of the ownership of the results of scientific research and development of the technology is done under the agreement between the state-owning owner and the presiding organization or when responding to one of the following conditions:

a) The presiding organization has only the ability to apply or commercialize part of the results of scientific research and development of technology that can be divided into partial to application or commercialization;

b) The organization's agreement or regulation of the division of the ownership of the results of scientific research and technological development with the organization, the other individual is recognized by the state-owned owner.

3. The state-owned representative may authorize the organization to undertake scientific and technological tasks implementing the protection of intellectual property rights to the results that have been achieved prior to the evaluation of the proceeds in order to protect intellectual property rights.

4. The delivery of all or part of the right to use the results of scientific research and technological development for the host organization or other organization by regulation at paragraph 5 Article 41 of the Law of Science and technology is done under the agreement between the host representative. It owns the state and its organization, except for the results of the results of scientific research and technological development of particular importance to the defense, security. In the case of non-agreement parties, the use of the use is made when the results of scientific research and technological development need to be widely used to meet the need for prevention, healing, nutrition to the people or meet the requirements. the social needs of society.

5. The state-owned representative after the transfer of ownership, the right to use the results of scientific research and development of technology that is responsible for testing, oversight and organization requirements are given ownership, the right to use the effective assessment of the work. Use the results.

What? 40. Presentation, ownership of the ownership, the right to use the results of scientific research and technological development using state budgets.

1. Host the implementation of the scientific and technological mission, the scientific and technological enterprise has the need to be given ownership, the right to use the results of scientific research and technological development must make the profile offer to the ownership of ownership, the right to use. to the owner of the state.

2. The case of organized institutions using the results of scientific research and technological development using the state budget specified in Clause 1 This cannot be used, another organization has the need to be transferred to the right to use the results of research. Science and technology development must make a case of the use of that use to a state-owned representative.

3. The filing offers ownership of ownership, the right to use the results of scientific research and technological development including:

a)

b) The ability to apply or commercialize the results of scientific research and technological development;

c) Other documents are relevant.

4. The state owner ' s representative is responsible for examining the validity of the profile. The case case is not valid for a period of 5 working days, since the date of receiving the file, the state-owned representative must inform the organization, the individual for the amendment, the supplement.

In the 30-day period, since the date of the receiving of valid records, the state-owned representative considers the records and decisions about the ownership of ownership, the use of the results of scientific research and technological development. The case refused to respond in writing to the organization, personally and stating the reason.

5. The Ministry of Science and Technology detailed this.

What? 41. The rights and obligations of the organization are given ownership, the right to use the results of scientific research and technological development using state budgets.

1. The organization is given ownership, the right to use the results of scientific research and development of technology using state budgets with the following rights:

a) Perform the right to own, the right to use in accordance with the provisions of the laws of technology transfer, the law of intellectual property, the other provisions of the relevant law and the decision to hand over the state of the owner of the state;

b) The profit division of the profit generated from the commercialization of the results of scientific research and technological development under regulation at Article 42 of this decree;

c) Enjoy the State ' s Incentives in support of technological market development, support for scientific and technological enterprise.

2. The organization is given ownership, the right to use the results of scientific research and technological development using state budgets that have the following obligations:

a) The effective exploitation of ownership, the right to use the results of scientific research and technological development;

b) Subscription, exploitation, protection of intellectual property rights to the results of scientific research and development of the acquired technology; the implementation of the financial obligations under the provisions of Article 42;

c) A yearly term or a mutation at the request to report a state-owned representative to the efficiency of exploitation, transfer, transfer of ownership, the right to use the results of scientific research and technological development;

d) Notice with the state-owning representative when there is no longer the possibility to exploit the power to use the results of scientific research and technological development.

What? 42. The division of profit when using, transfer of use, transfer, capital gains by the results of scientific research and technological development using state budgets, is used.

1. The post-tax profit obtained from the use, transfer of use, transfer, which contributes to the results of scientific research and development of the technology is divided as follows:

a) Thù lao for the author by agreement between the parties but a minimum of 30%;

b) The share for the broker (if any) according to the agreement between the parties but no more than 10%;

c) After the partition to the author and the broker (if any), the remaining profit is regulated as follows: the case of ownership of the property is 50% spent on investment research and technology development, 50% for the benefit fund, the reward of the company. organization; the right-to-use case has to pay back to the state-owned representative under the agreement between the parties but not more than 10 percent, the rest is spent 50 percent on scientific research and technological development, 50 percent for the welfare fund, the compliment. It's an organization.

2. The organizational case, the individual who uses the results of scientific research and technological development to finalize, develop technology aimed at commercializing, registering protection for intellectual property rights, it must be agreed by the owner of the results of scientific and scientific research results. developing technology.

The division of profits obtained from the commercialization of regulation at this paragraph must be agreed by the written agreement between the organization, that individual with the owner or the state owner of the state owner results in scientific research and technological development in accordance with the organization. level of contribution of each side.

3. Ministry of Science and Technology, in collaboration with the Ministry of Finance that regulates the results of the results of scientific research and development of technology, intellectual property using state budgets.

What? 43. Scientific and technological application in the investment project, the economic development program-the society that uses state budgets and the economy.

1. The investment project, the social-economic development program that uses the state budget to set up a section for the application, research and development of the development of the scientific base in the period of investment preparation, implementation of the investment and solving of scientific problems. They ' re learning and technology that ' s in the process.

2. When planning the funding of the investment project, the economic-economic development program uses the state budget, the investment holder is responsible for the funding of the funding for application activities, research and regulatory development at Clause 1 Article. The funding rate for application activities, research and development in the total cost of the investment project, the economic-economic development program decided by the investor.

3. The investment holder is in charge of periodically annual, sudden-term commitment and when the end of the investment project, the social-economic development program that is decided by the National Assembly, the Government, the Prime Minister, the Ministry, the peer agency, the agency. The government decided to invest, direct investment and conditional investment projects, sending reports to the Ministry of Science and Technology on the use of funding for science and technology operations.

4. The investment owner is in charge of periodically annual, sudden-demand breakthroughs and when the end of the investment project, the economic-economic development program-by the Provincial Committee of the People, the district decides to invest in reporting to the Department of Science and Technology on its use. Funding for scientific and technological activities for the combined report of the Ministry of Science and Technology.

5. Ministry of Science and Technology aggregate, reports the Prime Minister on the use of funding for scientific and technological activities in investment projects, the economic development program-the social-regulatory process at Clause 3 and Clause 4 This.

What? 44. The authority to judge the scientific basis, the technological appraisal of investment project, the economic-economic development program.

1. Economic Development Program-Social, investment project under the approval authority of the Prime Minister and the project of the investment sector conditional on the regulation of the law on investment must be given the basis of scientific basis, technological appraisal.

The presiding officer of the investment project, the economic-economic development program, is responsible for the appraisal of the scientific basis, the technological appraisal of the Ministry of Science and Technology. The appraisal result of the Ministry of Science and Technology is a mandatory content in the appraisal report of the presiding officer presiding.

2. The investment project must register for investment must be defined by the Department of Science and Technology on the basis of science, the appraisal of technology before granting the Certificate of Investment in accordance with the law of the investment law.

What? 45. The procedure, the procedure for the scientific basis, the technological appraisal of the investment project, the social economic development program.

1. The profile offers to define the scientific basis, the technological appraisal of the investment project, the economic-economic development program that includes:

a) The text of the appraisal;

b) Investment project filing, economic-economic development program. For an appraisal of the scientific basis, in the case there must be a results report for the research of reasoning and practical research for the construction of the investment project, the economic-economic development program; the assessment of the results of the results of the results of the results of the study. For the appraisal of technology, in the case there must be documents belonging to the document filing the Certificate of Investment certification; the economic process-engineering in which the technological process is clear, analysis and selection of technological variation, machine categories, design pages. is, the technology chain; the impact of the impact of technology to the environment and economic efficiency-the society; the draft contract to transfer technology (if there is a technology that contributes to technology).

The case recommended that the appraisal be set up to 2 (two) sets and sent to the authorities with the jurisdiction stipulated at Article 44 of this decree.

2. In the 30-day period since the date of receiving eligible records, the authorities have the authority to have the appraisal text sending the appraisal recommended body.

3. The Ministry of Science and Technology specifically instructs the profile, content and process, the procedure of regulation stipulated at this.

Chapter V.

DEVELOPMENT OF SCIENCE AND TECHNOLOGY

What? 46. Scientific and technological market development measures

1. The state does the following measures to develop the science and technology market:

a) Push for scientific research and technological development to create technology, push forward technology transfer, import, advanced technology extraction, high technology from foreign countries into Vietnam on a tight binding basis with the requirement for innovation, advanced growth, and more. the technological and competitive power of the product, the goods;

b) Push for commercialization of the results of scientific research and development of technology on the basis of rigorous cohering of scientific and technological activity with manufacturing, business through association activities, cooperation between scientific organization and technology with business and business. A career

c) Promoting the creation, development of the scientific and technological enterprise, in particular in the research institutes, the institution of higher education and the high-tech sector.

2. The Measure Measure of Science and the technology:

a) Push for the adoption of international market and market economic development measures to promote the need for the self-defense of the business of innovation, enhance the technological level, the competitive capacity of products, commodities; and more.

b) Enterprise support to promote innovation, enhance the level of technology through the National Innovation Foundation, perform scientific and technological tasks and other forms;

c) Enincentives businesses to order innovation, enhance the technology level, the competitive capacity of the product, commodity with the scientific and technological institutions in the country.

3. The state established, encouraging the organization, the individual to establish the intermediate institutions of the science and technology market.

What? 47. Founded the medial organization of the science and technology market

1. The intermediate types of organization of the science and technology market include:

a) The basis of technology, incubation of technology, science and technology;

b) Central, technology exchange, technology market-device;

c) Organization for evaluation, valuation, evaluation, technology transfer advisory;

d) The Centre for promotion and support of technology transfer operations;

Other scientific and technological services organizations are related to the science and technology market.

2. The establishment, operation of regulatory organizations at Clause 1 This Article is carried out by regulation at this decree and other relevant legislation.

3. The Ministry of Science and Technology directed this.

Chapter VI

EXECUTION CLAUSE

What? 48.

1. For scientific and technological tasks that have been approved by the competent authority before 1 January 2014, it continues to follow the provisions of the 2000 Scientific and technological Law, the Digital Protocol of the United States. 81 /2002/NĐ-CP October 17, 2002, the Government rules out certain provisions of the Law of Science and technology and the decision to approve.

2. Scientific and technology operational applications submitted to the agency with the authority to grant the registration of scientific and technological activity prior to 1 January 2014 without being granted a certificate of scientific and technological registration. You know, perfect the prescribed profile at this Decree.

For the established organization and registration of activities prior to the date of this Decree, it is valid for the 2-year period since the date of this Decree effective duty to sweep the conditions established under the decree, if it is not met. finish in accordance with the conditions stipulated at this decree.

3. For the new established scientific and technological organization whose founding profile has not been approved by the authorities prior to 1 January 2014, the procedure must be completed and subject to the procedure, the procedure stipulated at this decree.

4. The scientific and technological organization is the basis of higher education, for the 18-month term from the date of the decree taking effect on the registration of this decree.

What? 49.

1. This decree has been in effect since 15 March 2014.

2. Decree 81 /2002/NĐ-CP October 17, 2002 of the Government Regulation the implementation of some of the provisions of the Law of Science and technology; Protocol No. 201 /2004/NĐ-CP December 10, 2004 by the Government enacted the Social and Social Science Activity Regulation; the terms 13, 14, 15, 24, 25, 26, 27, 28, and 29 of the Fifth Protocol. 80 /2010/NĐ-CP July 14, 2010 by the Government Regulatory of cooperation, investment with foreign countries in the field of science and technology; Article 8 of the Digital Protocol 119 /1999/ND-CP September 18, 1999 of the Government on a number of policies and financial mechanisms encourage businesses to invest in scientific and technological activities; Article 12 of the International Decree. 61 /2010/NĐ-CP June 4, 2010 The government policy encourages business to invest in agriculture, rural agriculture, since the date of this Decree is valid.

What? 50. Guide and accountability

1. Minister of ministries: Science and Technology, Planning and Investment, Finance, Education and Training, Content in accordance with the functions, duties, its powers are responsible for guiding the implementation of this decree.

2. Ministers, peer-to-peer agencies, Head of the Government of the Government, Chairman of the Provincial Committee of the Provincial People, the Central City of Central and the Organization, the relevant individual is responsible for the implementation of this decree ./.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung