CIRCULAR guidelines decision No 68/1998/QD-TTg dated 27/3/1998 of the Government tựớng about the relationship between the basis of dig dug, a research facility with the State enterprises of the basis that _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the implementation of decision No 68/1998/QD-TTg dated 26 March 1998 by the Prime Minister of allowing established State enterprises in the the Department of training and research facilities; The Ministry of education and training, the Ministry of science, industry and the environment, the organizers-the Government officials about the relationship between training establishments, research facility with State-owned enterprises (SOE) of that facility are as follows: i. GENERAL PROVISIONS 1. SOE in the training facility, the research facility is the subdivisions of the basis and subject to the management of the institution, the research facility under the authorization of the Minister, the Ministerial agency heads, heads of government agencies, the Chairman of the provincial people's Committee , central cities.
2. SOE in the training facility, the research base has a legal personality, a member and seal, have civil rights and duties, responsible for production and business operations of the business.
3. production and business operations of the SOE in the training facility, the facility must be attached to the research results research and development technology or the products and services of science and technology consistent with the functions and duties of that base of expertise. SOE been training facility, a research facility create conditions consistent with the provisions of the law on capital, supplies, equipment, manpower, land and other conditions for business activities to be effective, conservation and development capital.
II. Powers, The RESPONSIBILITY Of The TRAINING FACILITY, A RESEARCH FACILITY For The SOE DIRECTLY UNDER The BASIS That 1. The heads of the training facility, the research facility is the person in charge of building the project of establishment of SOE in its facility and the competent authority specified in article 4 of decision 68/1998/QD-TTg by the Prime Minister.
2. The Heads of the training facility, the research base of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities approved the Charter of organization and operation of the business, appointment, dismissal, discipline, rewarding business Director.
3. The Heads of the training facility, a research centre to do the procedures prescribed by the law to transfer a part of factory, equipment of training establishments, corporate research facility. The value of factory equipment, training establishments, the research base moved the capital of the enterprise does not exceed 1/3 of the total value of equipment factory training facilities, research facilities and medicine to affect the mission, quality training, quality of the research.
4. The Heads of the training facility, the research facility is responsible for transferring the initial capital investment and additional investment for the business, overseeing the management and use of its facilities were transferred to the business and the profits split mode into the Fund; approved the financing of teaching staff, workers, employees, research officer in its base; call the venture capital; use the property to invest out of business according to the recommendation of the Director of the enterprise.
5. The Heads of the training facility, a research facility after reaching the business manager with a dynamic thing, transferring some teachers, science officers, workers, to make the task of producing business in the business of training facilities, research facilities; number of officers do not receive salaries and wages that the career earnings at the same time, businesses still are entitled to sign a contract to join the research and training activities in that facility. When necessary, the heads of the training facility, a research facility to the teachers, science officers back to teaching, research, after agreement with the Director of the enterprise within the approved staffing of the training facility, a research facility.
6. The Heads of training facilities, research facilities and directing work for business functions, tasks and check, supervise the observance of the law, the policy of the State.
7. The Heads of the training facility, the research facility is responsible for transferring the results to apply science and technology to produce, create favorable conditions for enterprises in their unit production activity effectively.
8. The Heads of the training facility, the research facility is responsible for doing the procedures prescribed by the Ministry of finance to take back the entire enterprise income tax of SOE in its base to use for the construction of the facilities, stores equipment serve strengthening of teaching , academic, research and technological development according to the approved scheme.
9. The Heads of the training facility, the research facility is responsible for the number of teachers, science officers, workers, due to the base when the enterprise is bankrupt or dissolved.
III. The POWERS, RESPONSIBILITIES of SOE TRAINING BASE, RESEARCH FACILITIES in addition to the General provisions on the rights and responsibilities of the Director of the enterprise under the State Enterprise Law, this circular only prescribed more powers and responsibilities of the directors of State enterprises established by decision 68/1998/QD-TTg dated in relation to training facility the research facility. In particular: 1. Director of the SOE receive capital, land, factory equipment and other resources by training, research transfer facility to manage; use the resources granted the right objectives, tasks to produce business, conservation and development of capital; contribute funding for training facilities, a research facility under the provisions of the Charter and the Organization's business activities.
2. The Director of SOE in the training facility, the research facility is responsible for the scheme were the heads of the training facility, a research base for raising capital, calling on venture capital (foreign and domestic), loans, investment out of business with heads decided to set up the business.
3. the Director of the STATE-OWNED after the reunification with the heads of the training facility, the research base of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the city of centrally appointed, dismissal, rewarding discipline, Deputy Director, Chief Accountant of the enterprise.
4. The Director of SOE build long-term plans and annual plan, the project organization of production, sales of businesses and the heads of the training facility, the research base through.
5. Periodically, the Director of SOE reporting to the heads of the training facility, the base of research on results of activity of the enterprise; perform full statistical accounting mode under the provisions of the law.
6. SOE Director responsible for all activities of the business. The Director of SOE was autonomy signed the contract-manufacturing business, further employment contract labour and the right to decide the salary and use Welfare Fund, Fund rewarded in accordance with the current legislation and the Charter the Organization and operation of the business.
7. The Director of SOE are responsible for the application of the results of research training, research base was transferred, providing support for research and training activities of the facility.
IV. ENFORCEMENT of the PROVISIONS of this circular in force after 15 days from the date of signing.
In the process, if there are difficulties and obstacles, the training facilities, research facilities, the business side of Ministry of education and training, the Ministry of science, technology and environment, the Organization-Government officials for additional research to modify accordingly.