Laws of Vietnam

DECIDES:

Article 1.- To research on and apply scientific and technological achievements is a task of all scientific and technological agencies, all echelons and branches at the center and in the localities, of all enterprises, social organizations and private individuals.

To invest in scientific and technological development is a task of all echelons, branches and enterprises in all economic sectors.

The Heads of all ministries, branches and of the administration at all levels, the Directors of the enterprises, scientific research and technological development agencies, and universities have the responsibility to organize the scientific and technological activities of their branches and units.

Article 2.- The Minister of Scientific, Technology and Environment shall coordinate with the State Planning Committee and the Ministries to draft long-term and annual plans on scientific research and technological development, and submit them to the Prime Minister for decision. This plan shall include the task of building the material bases for scientific research and technological development agencies, on which basis to allocate the total State budget for scientific and technological activities.

Article 3.- State budget allocations for the elaboration of and decision on the tasks of scientific research and technological development shall be conducted as follows :

a/ The Prime Minister shall decide on the key national tasks on science and technology aimed at executing the important tasks on socio-economic development. The Ministry of Science, Technology and Environment shall concretize these tasks into a few key programs and subjects on science and technology, and submit them to the Prime Minister for ratification. These shall be later selected and assigned to the concerned agencies and units for implementation. Care should be taken not to duplicate the key national programs and subjects with the regular research tasks of the institutes, research centers and universities and colleges.

The key national tasks on scientific research and technological development must be built into programs, subjects and projects, and must be evaluated according to current regulations of the State.

b/ After consulting the Ministry of Science, Technology and Environment, the Heads of the concerned ministries and branches and the Presidents of the People's Committees in the localities shall decide the plans and programs of research and implementation of their own, and assign them to the agencies attached to the ministries and the local People's Committees for implementation. The expenditures for these tasks shall be derived from the common budgets of the ministries, branches and localities for the discharge of their daily functions.

c/ The national scientific centers shall decide their own tasks of scientific research and technological development after consulting the Ministry of Science, Technology and Environment. The National Universities shall decide their tasks in scientific research and technological development after consulting the Ministry of Education and Training, and the Ministry of Science, Technology and Environment. The Ministry of Education and Training shall work out the plan for scientific research and technological development for the other higher education institutions.

Article 4.- The organization of the implementation of the tasks on scientific research and technological development with funds from the State budget shall be conducted according to the mode of assignment of tasks already mentioned in Article 3, or through the selection of implementing units by means of contracts on scientific research and technological development.

The Minister of Science, Technology and Environment is empowered by the Government to place orders for national key scientific research and technological development tasks.

The Heads of the ministries and branches, the Presidents of the People's Committees in the provinces and cities directly under the Central Government shall place orders for the tasks of scientific research and technological development of their branches and localities.

The Directors of the enterprises shall place orders for the tasks of scientific research and technological development and application in their enterprises.

The scientific research and technological development agencies in all economic sectors which have registered for scientific and technological activities under Article 15, Decree No.35-HDBT of January 28, 1992, and the universities which meet all the prescribed conditions, are entitled to join in the selection of executors of the orders to carry out the tasks of scientific research and technological development.

The agencies in charge of programs or projects shall have to organize the implementation in strict conformity with the contents and tempo written in the contracts, and to use the budget as prescribed by the Ministry of Finance.

Article 5.- All the enterprises must work out their scientific research and technological development programs and subjects, and allocate their budget for implementation; and register these programs and subjects with the State agencies for scientific and technological management.

The controlling Ministries and branches and the People's Committees of the provinces and cities shall consider and select the important subjects and projects for technological utilization in the order of priority for those branches where State support is necessary. They shall reserve part of their budgets to support and encourage the enterprises to conduct research in order to renovate technology.

Article 6.- Basing himself on the total State budget allocation to scientific and technological work, the Minister of Science, Technology and Environment has the responsibility to draft the plan to balance the budget for the tasks mentioned in Article 3, and together with the State Planning Committee and the Ministry of Finance, make allocations to each Ministry, branch and locality, as well as to the National Scientific Centers, the Ministry of Education and Training and the National Universities.

The Heads of the Ministries and branches, the Presidents of the People's Committees in the provinces and cities, the Directors of the National Scientific Centers, and the National Universities shall allocate funds to the dependent units. The Minister of Education and Training shall allocate funds to the other universities.

The allocation of funds for scientific and technological research, including the tasks to be discharged according to regular functions and the national key tasks, shall be conducted by the Ministry of Finance through the Treasury system.

After the evaluation and test on completion on the scientific plane, the customer agency and the implementing unit must clear the contract and report to the Ministry of Science, Technology and Environment and the Ministry of Finance.

Article 7.- The Ministry of Science, Technology and Environment shall have to issue a guiding circular on :

- The procedure and order in the drafting of the plans, programs and projects on scientific research and technological development at the Ministries, branches and in the localities.

- The modalities for the selection of the units and scientific workers to carry out the tasks of scientific and technological research under the order contracts.

- The modalities on test on completion, and evaluation of the results of the projects and programs on scientific and technological research.

The Ministry of Finance shall have to coordinate with the Ministry of Science, Technology and Environment in guiding and inspecting the Ministries, branches, localities and units, in order to ensure full observance of the principles and regimes concerning the drafting of the budget and settlement of budget expenditures, and create favorable conditions for the agencies and units to carry out well the tasks of scientific and research and technological development.

Article 8.- The Ministers, the Heads of the agencies attached to the Government, the Directors of the National Scientific Centers, the Directors of the National Universities, the Presidents of the People's Committees in the provinces and cities directly under the Central Government, shall have to implement this Decision.

This Decision takes effect from the date of its signing.

Prime Minister