Nghị định 99/2014/ND-CP

DECREE

ON INVESTMENT TO DEVELOP SCIENCE AND TECHNOLOGY POTENTIAL OF, AND ENCOURAGEMENT OF SCIENCE AND TECHNOLOGY ACTIVITIES IN, HIGHER EDUCATION INSTITUTIONS

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 18, 2012 Law on Higher Education;

Pursuant to the June 18, 2013 Law on Science and Technology;

At the proposal of the Minister of Education and Training,

The Government promulgates the Decree on investment to develop science and technology potential of, and encouragement of science and technology activities in, higher education institutions.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details Clause 1, Article 42 of the Law on Higher Education on investment to develop science and technology potential of, and encouragement of science and technology activities in, higher education institutions.

Article 2. Subjects of application

This Decree applies to universities, academies and colleges (below referred to as higher education institutions); scientific research institutes within their assigned task of doctoral training; and domestic and overseas organizations and individuals engaged in investment to develop science and technology potential of, and encouragement of science and technology activities in, higher education institutions.

Article 3. Interpretation of terms

In this document, the terms and phrases below are construed as follows:

1. Science and technology potential includes human resources engaged in science and technology; intellectual property; physical foundations, laboratories, equipment and facilities; and financial sources for the performance of science and technology tasks.

2. Science and technology activities in higher education institutions means activities of scientific research, technological research, testing, development and application, science and technology services and promotion of innovations and other creative activities for science and technology development.

3. Leading scientist means a scientist who satisfies the criteria prescribed in Article 15 of the Government’s Decree No. 40/2014/ND-CP of May 12, 2014, on employment and promotion of persons engaged in science and technology activities.

4. Talented young scientist means a scientist who satisfies the criteria prescribed in Article 23 of the Government’s Decree No. 40/2014/ND-CP of May 12, 2014, on employment and promotion of persons engaged in science and technology activities.

Chapter II

INVESTMENT IN DEVELOPMENT OF SCIENCE AND TECHNOLOGY POTENTIAL OF HIGHER EDUCATION INSTITUTIONS

Article 4. Investment contents

1. Development of human resources engaged in science and technology in higher education institutions, covering:

a/ Training and retraining of science and technology trainers, researchers and administrators;

b/ Formation and development of strong research groups, leading scientists and talented young scientists.

2. Development of physical foundations at higher education institutions, covering:

a/ Building of national key laboratories, specialized laboratories and interdisciplinary laboratories to be modem and synchronous;

b/ Building of systems of science and technology libraries, journals, information technology infrastructure and database;

c/ Purchase of intellectual property and copyright for access to foreign science and technology databases;

d/ Purchase, support for transfer and import of foreign technologies in accordance with law.

3. Expenditures on science and technology activities at higher education institutions, covering:

a/ Performance of science and technology tasks at all levels;

b/ Organization of domestic and international science conferences and seminars;

c/ Funding of the publication of articles on recognized international scientific journals;

d/ Funding for professors who are permanent lecturers, leading scientists and talented young scientists to attend domestic and international science conferences and seminars;

dd/ Funding of the commercialization of scientific research outcomes and technological development, incubation and renovation.

Article 5. Investment requirements

Investment in the development of science and technology potential of higher education institutions must meet the following requirements:

1. To conform with science and technology development strategies and orientations of the country and higher education institutions.

2. To match the state budget capacity and other lawful income sources of higher education institutions.

3. To have focuses and priorities, to be effective, to target end products.

4. To be public, transparent and lawful.

Article 6. Entities prioritized for investment

1. Higher education institutions with strong potential for human resources engaged in research and application, key universities.

2. Higher education institutions based in areas with exceptional socio-economic difficulties which play an important role in human resource training and technology research and transfer for socio-economic development in the areas.

3. Higher education institutions which meet the conditions prescribed in Article 7 of this Decree; and have research programs on national products or of research priority of the State.

Article 7. Investment priority conditions

A higher education institution shall be prioritized for investment when it meets the following conditions:

1. It has strong potential for human resources engaged in research and strong research groups and its ratio of doctors to lecturers reaches 25% or higher.

2. It has effectively fulfilled annual science and technology tasks on schedule; its results of science and technology activities are rated good for 3 consecutive years.

3. It has science and technology enterprises or scientific research centers which have many research outcomes applied to production and life, bringing in high socio-economic effectiveness.

4. It has effectively carried out international cooperation in science and technology and has many projects published on recognized international scientific journals.

Article 8. Investment funding sources

Funding sources for investment to develop science and technology potential of higher education institutions include:

1. State budget funds.

2. Lawful income sources of higher education institutions.

3. Science and technology development funds of the country, ministries, sectors and enterprises.

4. Capital of domestic and overseas organizations and individuals.

5. Other lawful funding sources.

Article 9. Investment approval

1. Under their assigned plans, higher education institutions shall annually formulate investment projects to develop their science and technology potential and submit them to competent authorities for approval.

2. Ministries, sectors and provincial-level People’s Committees shall approve investment projects to develop science and technology potential of their attached higher education institutions in accordance with law.

Chapter III

ENCOURAGEMENT OF SCIENCE AND TECHNOLOGY ACTIVITIES IN HIGHER EDUCATION INSTITUTIONS

Article 10. Encouragement for lecturers to conduct scientific research

1. Lecturers in higher education institutions are entitled to the following incentives and support:

a/ Personal income tax incentives for incomes from contracts on scientific research and technological development in prioritized and key fields and contracts performed in mountainous, deep-lying or exceptionally difficult areas as prescribed by law;

b/ Monetary bonus not exceeding 30 times the common basic salary level for having an article published in an international scientific journal on the ISI (Institute of Science Index), SCI (Science Citation Index) or SCIE (Science Citation Index Expanded). These bonuses shall be awarded from funds for non-business science and technology activities allocated to higher education institutions;

c/ Funding of 50% of the copyright registration fee, which shall be taken from funds for non-business science and technology activities allocated to higher education institutions;

d/ Being regarded as having twenty hours of theoretical lecturing, if having an article published in a level-1 scientific journal on the list of the State Council for Professor Title.

2. Lecturers who are leading scientists in higher education institutions are entitled to the incentive and support policies prescribed in the Government’s Decree No. 40/2014/ND-CP of May 12, 2014, on employment and promotion of persons engaged in science and technology activities.

3. Professors who are permanent lecturers in higher education institutions are entitled to the following incentives and support:

a/ To form excellent research groups in their professional fields and receive funds for the operation of these groups, which shall be taken from funds for non-business science and technology activities;

b/ To be funded for participation in domestic and international science conferences and seminars in their professional fields at most twice a year, which shall be taken from funds for non-business science and technology activities allocated to higher education institutions;

c/ To be prioritized to take charge of ministerial-level science and technology tasks associated with doctoral training with end product-based package funds.

4. Lecturers who are talented young scientists in higher education institutions are entitled to the incentive and support policies prescribed in the Government’s Decree No. 40/2014/ ND-CP of May 12, 2014, on employment and promotion of persons engaged in science and technology activities, and other incentives and support as follows:

a/ To be prioritized for study at home and abroad to raise their professional qualifications;

b/ To be given conditions to participate in scientific research for promotion, development and orientation of their research expertise. To be prioritized to perform potential science and technology tasks with end product-based package funds;

c/ To receive funding support for participation in domestic and international science conferences and seminars in their professional fields, which shall be taken from funds for nonbusiness science and technology activities allocated to higher education institutions;

d/ To receive funding support for use of national key laboratories, specialized laboratories and interdisciplinary laboratories to perform science and technology tasks, unless such funding has been estimated in the funds for performance of these tasks.

Article 11. Encouragement of enterprises, organizations and individuals to develop science and technology potential and carry out science and technology activities

1. Enterprises, organizations and individuals are entitled to exemption from or reduction of enterprise income tax, personal income tax and import duty in accordance with the tax laws when:

a/ Investing pre-tax or post-tax profits to develop science and technology potential of higher education institutions;

b/ Investing pre-tax or post-tax incomes to develop science and technology potential of higher education institutions;

c/ Importing equipment, facilities, machinery and raw materials to develop science and technology potential of higher education institutions;

d/ Receiving technology transfer from higher education institutions;

dd/ Applying scientific research outcomes of higher education institutions for technological development and renovation.

2. The State shall recognize and protect asset ownership rights, investment capital, incomes and other lawful rights and interests of enterprises, organizations and individuals that invest in developing science and technology potential and encouraging science and technology activities in higher education institutions.

Chapter IV

RESPONSIBILITIES AND POWERS OF INVESTED HIGHER EDUCATION INSTITUTIONS

Article 12. Responsibilities of higher education institutions

1. To work out plans and projects on, and raise funds for, investment to develop science and technology potential and encourage science and technology activities in higher education institutions.

2. To create favorable conditions for enterprises, organizations and individuals to participate in activities to develop science and technology potential and encourage science and technology activities in higher education institutions.

3. To provide 20% counterpart fund for invested science and technology potential development projects.

4. To ensure the proper and effective use of investment capital; to take responsibility before law for violations in the investment to develop science and technology potential of higher education institutions.

5. To annually set aside at least 5% of their lawful incomes for development of science and technology potential and encouragement of science and technology activities in higher education institutions.

6. To annually set aside at least 3% of their collected tuition fees for scientific research activities of students and learners.

Article 13. Powers of higher education institutions

1. To decide on training, recruitment, employment and treatment of science and technology lecturers, researchers and administrators in their institutions.

2. To decide on the investment portfolio within the assigned investment funds for science and technology potential development.

3. To decide on the use of invested physical foundations, laboratories, equipment and facilities for training, scientific research, technology transfer and science and technology service provision.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 14. Responsibilities of the Ministry of Education and Training

1. To annually estimate funds for investment to develop science and technology potential and encouragement of science and technology activities in its higher education institutions and send them to the Ministry of Science and Technology for summarization and submission to the Ministry of Planning and Investment and the Ministry of Finance.

2. To guide and support investors in the implementation of investment projects to develop science and technology potential and encourage science and technology activities in its higher education institutions.

3. To inspect, supervise and evaluate results of, settle complaints and denunciations about, commend, and handle violations in, investment activities to develop science and technology potential and encourage science and technology activities in its higher education institutions.

Article 15. Responsibilities of the Ministry of Science and Technology

To assume the prime responsibility for, and coordinate with ministries, sectors and provincial-level People’s Committees in, summarizing annual budget estimates for investment to develop science and technology potential and encourage science and technology activities in higher education institutions and submit them to the Ministry of Planning and Investment and the Ministry of Finance.

Article 16. Responsibilities of the Ministry of Planning and Investment and the Ministry of Finance

To assume the prime responsibility for, and coordinate with ministries, sectors and provincial-level People’s Committees in, balancing and allocating annual budget funds for investment to develop science and technology potential and encouragement of science and technology activities in higher education institutions.

Article 17. Responsibilities of ministries, sectors and provincial-level People’s Committees

1. To annually estimate funds for investment to develop science and technology potential and encouragement of science and technology activities in higher education institutions under their management and send them to the Ministry of Science and Technology for summarization and submission to the Ministry of Planning and Investment and the Ministry of Finance.

2. To guide and support investors in the implementation of investment projects to develop science and technology potential and encourage science and technology activities in higher education institutions under their management.

3. To inspect, supervise and evaluate results of, settle complaints and denunciations about, commend, and handle violations in, investment activities to develop science and technology potential and encourage science and technology activities in higher education institutions under their management.

4. Before November 20 every year, to send reports on the implementation of investment projects to develop science and technology potential and encourage science and technology activities in higher education institutions under their management to the Ministry of Education and Training and the Ministry of Science and Technology for summarization and monitoring.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 18. Effect

This Decree takes effect on December 15, 2014.

Article 19. Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related organizations and persons shall implement this Decree.-