GOVERNMENT DECREE on the establishment of the Development Fund of science and national technology _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on Science and technology on 9 June 2000;
According to the recommendation of the Minister of science and technology, the DECREE: article 1. Established the Foundation for science and technology in developing countries according to the provisions of article 39 of law science and technology.
Article 2. Attached to this Decree the Charter on the Organization and operation of the Development Fund for science and technology in the country.
Article 3. This Decree takes effect after 15 days from the date The report.
The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.
 
CHARTER of the ORGANIZATION and OPERATION of the DEVELOPMENT FUND for SCIENCE and TECHNOLOGY (attached to Decree No. 122/2003/ND-CP of December 22, 2003 by Government) chapter I GENERAL PROVISIONS article 1. The function of Science Development Fund and national technology development Fund for science and technology (hereinafter referred to as the Fund) activities are not for the purpose of profit, has the function of funding, loans to make science and technology mission led by the Organization, the individual proposals.
The international name of the Foundation for science and technology development of countries is the National Foundation for Science and Technology Development, abbreviated as RESEACH.
Article 2. The legal status of the Fund the Fund directly under the Ministry of science and technology, has legal personality, there are seals, opened the account in the State Treasury and in the domestic and foreign banks. The Foundation is headquartered in the city of Hanoi, a representative office in Ho Chi Minh City and some other localities.
Article 3. The object of funding, loans of the Fund 1. The basic research, scientific missions and sudden new technology arise have important implications for science and practices, scientific missions and promising technology but taking risks;
2. trial production projects; the Mission of science and technology in the direction of science and technology priorities of State enterprises;
3. The project application, transferring the results of scientific research and technology in order to enhance the competitiveness of the product and the efficiency of the social-economic activities.
Article 4. Conditions to receive funding, loans of 1. The Organization, the individual proposed Science and technology mission must have sufficient expertise and technical facilities tailored to each type of scientific and technological tasks.
2. organizations, personal loans of the Fund to implement the project on the application of scientific research results and technologies must comply with the provisions of the relevant laws.
Article 5. The principle of funding, loans of the Fund 1. Science and technology mission led by the Organization, the proposed personal please sponsors, loans of the Fund, are considering public choice, democracy, equality, through the Council of science and technology established by the Fund.
2. The content of research science and technology mission funded not be duplication with research or are made by the Foundation's capital or other funds of the State.
3. Loan Fund to make the scientific and technological tasks not in the program, topics, science and technology project in the State's plan, meaning national, interdisciplinary range, the region and the Organization, individuals of all economic sectors.
 
Chapter II the DUTIES, powers, ORGANIZATION and FUNCTIONING of the FUND article 6. The duties and powers of the Fund 1. Receiving State's capital; mobilizing voluntary contributions of organizations, individuals and organizations, foreign individuals to finance the loan, perform the tasks of science and technology; manage and use proper purpose, effectively the capital of the Fund.
2. Publication of priority direction, content, forms and requirements specific to any organisation or individual to propose scientific mission and suggested appropriate technology fund, loan.
3. Organization of the review mission on Science and technology to fund lending.
4. testing, evaluation of professional and financial content of the science and technology mission was funding, loan.
5. The Organization reviews test results of scientific and technological mission due to fund lending.
6. the suspension of the grants, loans or withdrawing funds have financed the loan, when the Organization, individuals performing tasks of science and technology in violation of regulations on the use of the Fund's capital.
7. Settlement of the claim or claims against the organisation, breach of contract and personal commitment to the Fund under the provisions of the law.
8. Management and use of State property, capital and other resources under the Charter the Organization and operation of the Fund and the provisions of the law.
9. Management of the Organization and the staff members of the Fund in accordance with the law.
10. The promulgation of regulations and other provisions serve the activities of the Fund.
11. Cooperation with the Organization, foreign individuals, international organizations on issues related to the operation of the Fund.
Article 7. Management and administration of the Fund management and administration of the Fund, including the Board of Trustees, the Executive Agency of the Fund and the Fund control Boards.
Article 8. Fund Management Board 1. The Board of Trustees consists of 9 members are scientists, Chief Operations Manager according to the term of 5 years. The Chairman, Vice-Chairman and the Commissioner by the Minister of science and technology appointed, dismissed on the basis of the recommendation of the science and technology organization and the governing body.
2. duties and powers of the Board of Trustees: a) decide the direction and planning of activities of the Fund on the basis of the priority orientations of scientific and technological development of the State; the method of funding, loans of Qutỹ;
b) approving the financial plan, the report of the Fund by the Director of the Fund;
c) established the Council of science and technology, other Advisory Council to advise the mission selection science and technology, reviews test results performed the tasks of science and technology and other related issues;
d) approved plans and report on activities of the Fund Supervisory Board;
DD) monitor, check the operation of the Fund, the governing body, the Board of control of the Fund in the implementation of State regulations, the Charter and organization of the activities of the Fund and the decision of the Board of Trustees;
e) issued under the authority of the regulations of the Fund.
3. working mode of the Management Board of the Fund: a Fund Management Board meeting) on the regular 3 month 1 time to consider and decide on these issues in the mission, their powers; the extraordinary meeting to tackle the urgent issue at the suggestion of the Chairman of the Board of Trustees or the Fund Manager or Fund Control Board or when at least 2/3 of members of the Board of Trustees recommended;
b) meetings of the Board of Trustees must be at least 2/3 of members of the Board of Trustees to attend and are due to the Chairman of the Fund Manager or Vice President of the Board of Trustees is authorized. The Board of Trustees to decide the matter by majority of the members of the Board of Trustees. The content and the decision of the Management Board meetings must be recorded into the minutes and sent to all the members of the Board of Trustees.
4. The members of the Board of Trustees had a duty to participate fully in the activities according to the regulations of the Board of Trustees; enjoy remuneration and other benefits as prescribed by the State.

5. The Board of Trustees to use the apparatus of the Executive Agency and the seal of the Foundation in fulfilling the mission, of its powers under the Charter. Funding for the activities of the Council of management of the Fund is calculated on the cost of operation of the Fund.
Article 9. Executive Agency Executive Agency include the Director of the Fund, the Fund's Deputy Director, professional service and the Office of Rep.
1. The Director of the Foundation is the legal representative of the Fund by the Minister of science and technology appointed, dismissed on the basis of recommendations of the Board of Trustees. The Fund Manager has the following duties and powers: a) to organize, operate and manage the activities of the executive bodies in accordance with the Fund rules and the decisions of the Board of Trustees;
b) personnel management, capital and assets of the Fund;
c) appointing, dismissing the Deputy head units, professional expertise, the Foundation's representative office;
d) Are participating in the session of the Board of Trustees, is taking comments on the content of Council funds management discussion, but was not voted on.
2. The Deputy Director of the Fund because the Fund Manager suggested, the Minister of science and technology appointed, dismissed. Deputy Director of the Foundation helps Fund Manager performs the duties as assigned.
3. The professional units, and offices of the Fund by the Board of Trustees and the Director of the unity Fund recommendations, the Minister of science and technology decisions.
Article 10. The Board of control of the Fund 1. Fund Control Committee have from 3 to 5 members, including the Chairperson, Vice Chairperson and members by the Board of Trustees appointed, dismissed. Fund Control Board members were not as spouses, parents, children, siblings, brother of the members of the Board of Trustees, the Director of the Fund, the Fund's Deputy Director. Fund Control Board Member who is knowledgeable in the areas of finance, accounting, banking and law, works part-time as a term is 5 years.
2. The Board of the Foundation with the mission control, the following powers: a) check and Fund Management Council report on the implementation of the Charter of the Fund, the decision of the Board of Trustees;
b) independent activity under the program has been through Fund Management Board;
c) review, the authority to resolve complaints by the organizations and individuals related to the operation of the Fund.
3. The Fund Control Board or a member of the Board of supervisors authorized Funds to attend meetings of the Board of Trustees, statements of opinion on the content that the Board of Trustees discussed, but was not voted on.
4. the cost of operation of the Control Board is charged to the Fund's operating expenses.
Article 11. The Council of science and technology 1. The Council of science and technology by the Board of Trustees decided to establish on the basis of the proposal of the Director of the Foundation to advise select the tasks of science and technology; reviews test results of scientific and technological tasks. Members of the Council of science and technology due to Fund Manager suggested to Chairman of the Board of Trustees decided.
2. the scientific and technological Council operate under Bylaws by the Board of Trustees recommended, the Minister of science and technology decisions.
 
Chapter III CAPITAL and Capital USE 12. The Fund's operational funds 1. The Fund has a capital in the beginning when founded was 200 billion from the budget of the scientific career. Every year the Foundation granted to secure additional capital of operational funds from budget sources at least 200 billion.
2. The Fund external capital mobilization: a budget), voluntary contributions donated by individual organizations in the country, international organizations, institutions and individuals;
b) The interest for loans for projects in the application of results of scientific research and technological development.
3. Other sources.
Article 13. The method of financing of the Fund 1. Non-refundable grants of full or part for the implementation of the science and technology mission led by the Organization, the individual proposed, including: a) basic research in the field of science;
b) scientific mission and sudden new technology arise have important implications for science and practices; the Mission of science and technology have prospects but risks;
c) published works of science and technology.
2. Sponsor have recovered from 60% to 100% of the funds for the project on manufacturing testing, not part of the plan for science and technology development of the State.
3. Funding does not recover no more than 30% of the funding for the mission implement enterprise science and technology science and technology direction in favor of the State.
4. Loans do not get interest for the application project research and development results generated in the country.
5. For loans with low interest rate for technological innovation projects, focused on high technology, clean technology, technology to create competitive products.
6. Capital for loan prescribed in clause 4 and clause 5 of this no more than 20% due to the State budget for the Fund.
Article 14. Selection, evaluation, project topics 1. Within a period of 30 days from the date of the Fund's plan was approved by the competent authority, the public announcement Fund directions, priority areas and the funding regulations, the Fund's loans.
2. organizations and individuals active in science and technology, Vietnam business would like to be sponsored, are loans must apply for financial aid, loans under the Fund's regulations.
3. The Council of science and technology review, selection science and technology mission to fund lending.
4. The Fund's lending, financing for the scientific and technological tasks are performed under contract for science and technology.
5. The mid-term reviews, reviews the science mission experience and technology are made pursuant to the contract of the science and technology were signed.
6. Costs for the Council of science and technology on the cost management of the Fund.
7. The Board of Trustees issued regulations review select science and technology tasks according to the principle: a) science and technology task is selected to be consistent with the provisions of article 3 of this regulation;
b) outline of the research must ensure the scientific criteria and viability;
c) Who suggest science and technology mission must have sufficient quality, the capacity to perform the task.
Article 15. The liability of the Organization, personal use of funds of the Fund 1. Use the correct funding purposes according to the estimation has been approved by the Fund.
2. the full implementation of the commitment to the Fund, the Fund regulation mode.
3. The results of scientific and technological tasks must be declared according to the regulations of the Fund.
Article 16. Financial accounting, mode 1. The Fund made the accounting mode under the provisions of the law on accounting.
2. Every year, the fund estimating revenues and projected spending the Minister of science and technology review, approval.
3. Every year, the Foundation established the financial settlement reports to report the Minister of science and technology review, check under the rules.
4. The Fund is allowed to transfer the residual equity in the financial year to next year.
5. the Fund's management fee is used for the operation of the management and operation of the Fund under the current rules of the State.
 
Chapter IV article 17 ENFORCEMENT TERMS. Terms of implementation of the amendments and supplements to this regulation by the Minister of science and technology, the Prime Minister decided to./.