Title: Decree 08/2014/ND-CP detailing and guiding the implementation of a number of articles of the law on science and technology

Type: Decree

Issuing Agency: Government

Responsible Agency: Ministry of Science and Technology

Issuing Date: 27-01-2014

 

This Decree applies to organizations and individuals operating in the field of the science and technology and other organizations and individuals related to scientific and technological activities in Vietnam;

Conditions for establishment of scientific and technological organization

Scientific and technological organization is established upon satisfaction of following conditions:

1. Charter of organization and operation

a) Name of scientific and technological organization includes full name, international transaction name and abbreviated name (if any) that are written in the letters in the Vietnamese alphabet, possibly with the letters F, J, Z, W, numerals and symbols that can be pronounced. The full name includes the form of scientific and technological organization and its proper name;

The name of organization must be consistent with the main areas of operation, not overlap with other scientific and technological organizations, not use words and symbols in violation of historical, cultural, ethic tradition and habits and customs of the people, ensure non-infringement of intellectual property rights of organizations and individuals who are protected in Vietnam.

b) Objectives and line of operation of scientific and technological organization must not violate the provisions of Article 8 of the Law on Science and Technology and other relevant legal documents;

c) Head office with address clearly defined by administrative name, telephone and fax number and e-mail (if any);

d) Representative

dd) Functions, duties and powers of scientific and technological organization are consistent with the objectives and line of operation;

e) Area of operation: related to one of the areas of scientific research and technological development, experimental implementation, trial production, product making and business as result of scientific research and technological development, scientific and technological services;

Where the scientific and technological organization is established by individual, the area of operation is stipulated in Clause 4, Article 20 of the Law on Science and Technology;

g) Organizational structure, duties and powers of titles of leadership and other organs of scientific and technological organization;

h) Charter capital of organization including cash and other assets converted into money; principle of increase and decrease in working capital and other financial principles;

i) Conditions, order and procedures for merger, division, separation and dissolution (if any).

k) Commitment to compliance with the law.

2. Human resources for science and technology

a) Each scientific and technological organization must have at least 05 (five) persons with university degree or higher working full-time and part-time in which there is at least 30% having professional skills in accordance with the key areas applied for operation registration and at least 40% working full-time;

In case of establishment of scientific and technological organization for development of new science and technology, the scientific and technological organization must have at least one person with university degree related to the sector registered for operation working full-time;

b) The head of scientific and technological organization must have university degree or higher with management experience and appropriate professional capacity;

For scientific and technological organization as a university education facility, its head must meet the conditions stipulated by law on university education;

3. Material and technical facilities

Being entitled to own or use head office, workshop, laboratory, machinery, equipment, intellectual property and other material and technical facilities to perform the functions and tasks of scientific and technological organization;

4. For public scientific and technological organizations, they must be consistent with the network of scientific and technological organization approved by the Prime Minister;

5. For public scientific and technological organizations with foreign capital, they must meet the requirement specified in Clause 3, Article 11 of the Law on Science and technology;

6. The Ministry of Science and Technology shall make specific guidance on Clauses 1, 2 and 3 of this Article;

For further details, Please see a reference translation  at     http://www.hcmiu.edu.vn/Portals/1/Docs/vanbanphapluat/english/08-2014-ND-CP%20HD%20Luat%20KHCN.pdf

 

 

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