DECREE

AMENDING THE GOVERNMENT’S DECREE NO. 40/2014/ND-CP DATED MAY 12, 2014 ON UTILIZATION OF INDIVIDUALS’ PARTICIPATION IN SCIENCE AND TECHNOLOGY ACTIVITIES AND THE GOVERNMENT’S DECREE NO. 87/2014/ND-CP DATED SEPTEMBER 22, 2014 ON ATTRACTING PARTICIPATION OF VIETNAMESE PEOPLE LIVING ABROAD AND FOREIGN EXPERTS IN SCIENCE AND TECHNOLOGY ACTIVITIES IN VIETNAM

Pursuant to the Law on organization of Government dated June 19, 2015;

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

At the request of the Minister of Science and Technology;

The Government promulgates a Decree amending the Government’s Decree No. 40/2014/ND-CP dated May 12, 2014 on utilization of individuals’ participation in science and technology activities and the Government’s Decree No. 87/2014/ND-CP dated September 22, 2014 on attracting participation of Vietnamese people living abroad and foreign experts in science and technology activities in Vietnam.

Article 1. Amendments to the Government’s Decree No. 40/2014/ND-CP dated May 12, 2014 on utilization of individuals’ participation in science and technology activities

1. Article 5 is amended as follows:

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1. Special cases of recruitment and appointment of holders of scientific titles/technological titles in public service providers that perform science and technology activities (hereinafter referred to as “public service providers”) shall comply with regulations of law on recruitment and management of public employees.

2. Persons who have outstanding achievements in science and technology activities and meet job requirements shall be received as public employees, appointed to hold scientific/technological titles without probation period and arranged into salary grades corresponding with their positions as prescribed.”

2. Article 5a is added as follows:

“Article 5a.   Procedures and authority to receive persons with outstanding achievements in science and technology activities as public employees and appoint them to hold scientific research titles and technological titles

1. Notification of recruitment of public employees

The public service provider shall publicly notify its recruitment and appointment of public employees to scientific research titles/technological titles on means of mass media (including printed, radio and television newspapers) at least 30 days before the date of receipt of applications, publish that on its website for at least 30 days and also openly post the same at its headquarters.

2. Applications for admission as public employees

An individual that meets job requirements as laid down in regulations of law on recruitment and management of public employees and has outstanding achievements in science and technology activities as prescribed by the Ministry of Science and Technology shall submit an application for admission as a public employee directly to the public service provider (through the single-window section) or online via its public service portal or by post. Such application includes:

a) The application form for admission as a public employee (using Form No. 01/KHCN enclosed herewith);

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c) The copies of qualifications, certificates and records of achievements in science and technology sector corresponding with the job position. Qualifications awarded by foreign institutions must be accredited by the Ministry of Education and Training;

d) The unexpired health certificate issued by an eligible health facility as prescribed by the Ministry of Health;

dd) The applicant’s scientific profile.

3. The public service provider shall examine the adequacy and validity of received applications and make the list of qualified persons, accompanied by their applications, for considering or requesting competent authorities to receive them as public employees and appoint them to scientific research titles/technological titles.

4. Receipt and appointment of qualified persons to the position of research assistant or technician (grade-IV title), researcher or engineer (grade-III title) shall be carried out as follows:

a) Within 15 days after the deadline for submission of applications, the head of the public service provider (or the recruiting authority) shall establish an examination council for selecting qualified persons who will be received as public employees and appointed to grade-IV or grade-III titles;

b) Based on the results given by the examination council, within 15 days, the head of the public service provider (or the recruiting authority) shall consider making decision to recognize recruitment results.  Recruitment results shall be published on the website of the public service provider or the recruiting authority and openly posted at its headquarters;

5. Receipt and appointment of qualified persons to the position of principal researcher or principal engineer (grade-II title) shall be carried out as follows:

a) The public service provider shall send qualified applications to its supervisory authority that is a supervisory Ministry, ministerial agency, Governmental agency or provincial People's Committee for considering and admitting qualified persons as public employees;

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c) Within 15 days after the examination council gives recruitment results, the relevant ministerial agency, Governmental agency, or provincial People's Committee shall send such recruitment results and applications of qualified applicants to the Ministry of Science and Technology that is requested to give its opinions about the satisfaction of relevant conditions and standards by each applicant;  

d) Within 15 days from the receipt of relevant documents from the relevant Ministry, ministerial agency, Governmental agency, or provincial People's Committee, the Ministry of Science and Technology shall give its opinions about the satisfaction of relevant conditions and standards by each applicant;

dd) Within 15 days from the receipt of opinions given by the Ministry of Science and Technology, the relevant Minister, head of ministerial agency, or Governmental agency, or Chairperson of provincial People's Committee shall notify the recruitment results.  Recruitment results shall be published on the website of the public service provider and openly posted at its headquarters.

6. Receipt and appointment of qualified persons to the position of senior researcher or senior engineer (grade-I title) shall be carried out as follows:

a) The public service provider shall send qualified applications to its supervisory authority that is a supervisory Ministry, ministerial agency, Governmental agency or provincial People's Committee for considering and admitting qualified persons as public employees;

b) Within 15 days from the receipt of applications, the relevant Minister, head of ministerial agency, or Governmental agency, or Chairperson of provincial People's Committee shall establish an examination council for selecting qualified applicants who will be received as public employees and appointed to grade-I title;

c) Within 15 days after the examination council gives recruitment results, the relevant Ministry, ministerial agency, Governmental agency, or provincial People's Committee shall send such recruitment results and applications of applicants who are qualified to be received as public employees and exceptionally appointed to grade-I title to the Ministry of Science and Technology that is requested to give its opinions about the satisfaction of relevant conditions and standards by each applicant; 

d) Within 15 days from the receipt of relevant documents from the relevant Ministry, ministerial agency, Governmental agency, or provincial People's Committee, the Ministry of Science and Technology shall examine, make and send a list of qualified applicants to the Ministry of Home Affairs that shall give its opinions about the appointment and salary grades of holders of grade-I title;

dd) Within 15 days from the receipt of the list of qualified applicants from the Ministry of Science and Technology, the Ministry of Home Affairs shall give its opinions about the appointment and salary grades of holders of grade-I title to the Ministry of Science and Technology and the relevant Ministry, ministerial agency, Governmental agency, or provincial People's Committee;

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7. The Ministry of Science and Technology shall stipulate scientific and technological achievements, examination councils, methods for scoring and determining persons qualified to be received as public employees and appointed to scientific/technological titles as prescribed in this Article.”

3. Article 6 is amended as follows:

“Article 6. Exceptional appointment of qualified persons to higher scientific/technological titles without title/rank promotion examinations and seniority consideration

a) He/she has won an internationally or nationally prestigious award in science and technology sector as prescribed by the Ministry of Science and Technology;

b) He/she has played a leading or primary role in performing special or nationally significant science and technology missions which have been accepted at “pass” level or higher, or has played a leading role in performing science and technology missions at ministerial- or provincial-level or higher with great socioeconomic efficiency;

c) He/she possesses a doctoral degree and has won outstanding achievements in science and technology activities;

d) He/she possesses a Doctor of Philosophy or is holding the title of associate professor; or

dd) He/she is holding the title of professor.

2. Each achievement or outcome which a person has won in his/her science and technology activities shall be considered once when he/she is being considered for a higher scientific/technological title without title/rank promotion examination and seniority consideration.”

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“Article 6a.   Procedures and authority to make exceptional appointment of qualified persons to higher scientific/technological titles without title/rank promotion examinations and seniority consideration

1. After having reviewed job positions and ranks of public employees performing science and technology activities, authorities competent to make exceptional appointment of holders of scientific /technological titles shall notify the consideration for exceptional appointment of persons holding scientific /technological titles to higher titles.

2. A person who is found himself/herself to meet conditions/standards for being exceptionally appointed to a higher scientific /technological title without title/rank promotion examination and seniority consideration shall submit application for exceptional appointment directly to the public service provider (through the single-window section, if available) or online via its public service portal. The application includes:

a) An application form for exceptional appointment to a higher scientific /technological title without title/rank promotion examination and seniority consideration (using Form No. 02/KHCN enclosed herewith);

b) The applicant’s curriculum vitae bearing certification given by the competent authority managing the applicant;

c) The written assessment made by the head of the authority where the applicant is working of the applicant’s performance in the year preceding the year of application;

d) Copies of qualifications, certificates, documentary evidences of achievements in science and technology activities and other documents as requested by his/her expected title;

dd) The applicant’s scientific profile bearing certification given by the authority managing the applicant.

3. Exceptional appointment of holders of the position of researcher or engineer (grade-III title) without title/rank promotion examination and seniority consideration is made as follows:

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b) Within 15 days from the receipt of request and qualified applications, the head of the authority competent to make exceptional appointment of scientific/technological titles shall establish an examination council;

c) Within 15 days after the examination council gives its consideration results, the authority competent to make exceptional appointment shall notify such consideration results and make decision to make exceptional appointment of qualified persons to scientific/technological titles without title/rank promotion examination and seniority consideration.

4. Exceptional appointment of holders of the position of principal researcher or principal engineer (grade-II title) without title/rank promotion examination and seniority consideration is made as follows:

a) The public service provider shall prepare and send the list of qualified applicants, enclosed with their applications, to its supervisory authority that is a supervisory Ministry, ministerial agency, Governmental agency or provincial People's Committee;

b) Within 15 days from the receipt of the list of qualified applicants and relevant applications, the relevant Minister, head of ministerial agency, or Governmental agency, or Chairperson of provincial People's Committee shall establish an examination council for considering received applications;

c) Within 15 days after the examination council gives its consideration results, the relevant Minister, head of ministerial agency, or Governmental agency, or Chairperson of provincial People's Committee shall send such consideration results and applications of applicants who are qualified to be exceptionally appointed to grade-II title to the Ministry of Science and Technology that is requested to give its opinions about the satisfaction of relevant conditions and standards by each applicant; 

d) Within 15 days from the receipt of the request from the relevant Ministry, ministerial agency, Governmental agency or provincial People's Committee, the Ministry of Science and Technology shall give its opinions about the satisfaction of relevant conditions and standards by each applicant;

dd) Within 15 days from the receipt of opinions given by the Ministry of Science and Technology, the relevant Minister, head of ministerial agency, or Governmental agency, or Chairperson of provincial People's Committee shall issue a decision to make exceptional appointment of holders of grade-II titles.

5. Exceptional appointment of holders of the position of senior researcher or senior engineer (grade-I title) without title/rank promotion examination and seniority consideration is made as follows:

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b) Within 15 days after the examination council gives its consideration results, the relevant Minister, head of ministerial agency, or Governmental agency, or Chairperson of provincial People's Committee shall send such consideration results and applications of applicants who are qualified to be exceptionally appointed to grade-I title to the Ministry of Science and Technology that is requested to give its opinions about the satisfaction of relevant conditions and standards by each applicant; 

c) Within 15 days from the receipt of relevant documents from the relevant Ministry, ministerial agency, Governmental agency, or provincial People's Committee, the Ministry of Science and Technology shall examine, make and send a list of qualified applicants to the Ministry of Home Affairs that is requested to give its opinions about the appointment and salary grades of holders of grade-I title;

d) Within 15 days from the receipt of the request from the Ministry of Science and Technology, the Ministry of Home Affairs shall give its opinions about the appointment and salary grades of holders of grade-I title to the Ministry of Science and Technology and the relevant Ministry, ministerial agency, Governmental agency, or provincial People's Committee;

dd) Within 15 days from the receipt of opinions given by the Ministry of Home Affairs, the relevant Minister, head of ministerial agency, or Governmental agency, or Chairperson of provincial People's Committee shall issue a decision to make exceptional appointment of holders of grade-I titles;

6. The Ministry of Science and Technology shall provide specific guidance on scientific and technological achievements and examination councils in charge of considering exceptional appointment of qualified persons to higher scientific/technological titles without title/rank promotion examinations and seniority consideration as prescribed in this Article."

5. Clause 1 Article 7 is amended as follows:

“Article 7. Special pay increases for persons with scientific and technological achievements

1. A special pay increase shall be provided for a person who is holding a scientific/technological title in a public service provider without a corresponding change in his/her grade of job title if, during his/her enjoyment of current salary grade, he/she has demonstrated no breach of discipline and won one of the following achievements:

a) He/she has played a leading role in performing national science and technology missions accepted and assessed to have great socioeconomic efficiency;

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c) He/she has been awarded the "Anh hùng Lao động” ("Hero of Labor") title; or

d) He/she has been awarded the “Chiến sỹ Thi đua toàn quốc” (“A soldier of national emulation campaigns”) title.”

6. Article 10 is amended as follows:

“Article 10. Incentives for holders of the title of professor or associate professor in science and technology activities

Persons who are holding the position of professor or associate professor in public science and technology institutions and meet standards for relevant titles adopted by the Ministry of Science and Technology shall be exceptionally appointed to hold grade-I scientific research/technological titles and receive the same benefits and other incentives as those offered to holders of equivalent titles in public higher education institutions if such benefits and incentives are deemed more advantageous for them.”

7. Article 15 is amended as follows:

“Article 15. Standards of leading scientists

1. Persons performing science and technology activities shall be considered and accredited as leading scientists in science and technology branches prescribed by the Minister of Science and Technology.

2. Standards of a leading scientist:

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a) He/she does not perform any prohibited acts specified in Article 8 of the Law on Science and Technology and is not liable to any disciplinary actions at warning, or severer, or any effective criminal sentences;

b) He/she has experience in managing/directing professional activities and is capable of participating in international integration activities/representing the branch/major in academic exchange programs. To be specific:

- He/she is playing the leading role in charge of professional activities of a scientific subject or laboratory, or is holding equivalent positions in higher education institutions, universities, research institutes and other science and technology institutions established by the competent authorities specified in Points a, b and dd Clause 1 Article 12 of the Law on Science and Technology, or has experience in leading research groups, laboratories or other reputable academic establishments;

- He/she is capable of mobilizing excellent scientific officers or leading a research group in performing new scientific research/technological development topics in order to develop or lead a scientific branch or major;

- He/she has been invited by one or more of the world’s top 500 universities according to QS World University Rankings annually published by Quacquarelli Symonds (UK) or the World University Rankings published by the Times Higher Education magazine (UK); or has participated or cooperated with prestigious foreign scientists in scientific research topics with recognized outcomes; or has been invited to speak at internationally renowned scientific conferences/seminars; or has chaired national scientific conferences/seminars;

- He/she has acted as the principal instructor for at least 05 scientific researchers.

c) Qualifications and foreign language proficiency:

- He/she possesses a doctoral degree or higher;

- He/she is proficient in English or one of official languages of the United Nations.

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dd) He/she has designed scientific development schemes approved by the councils prescribed in Article 16 hereof and is capable of mobilizing research groups for implementing such schemes.

A scientific development scheme must develop orientation to developing a new research method, or solving a national science and technology matter, leading in developing new scientific research ideas or transferred outcomes of scientific research/technological development which will result in a lot of socially valuable scientific and technological products.

3. Achievements/outcomes won in science and technology and capacity to perform international integration activities:

a) In addition to general standards specified in Clause 2 of this Article, a person to be considered and accredited as a leading scientist in a science and technology branch must also meet the following conditions:

- He/she must be a member of the editorial board of an internationally reputable scientific journal as prescribed by the Ministry of Science and Technology; or has an H index of 10 or higher (in Google Scholar); or has won internationally prestigious science and technology awards as prescribed by the Ministry of Science and Technology; or has at least 10 scientific articles published in internationally reputable scientific journals as prescribed by the Ministry of Science and Technology.

- Within the last 05 years prior to the date of application for accreditation as a leading scientist, he/she has designed at least an invention protected by a patent and practically applied with great socioeconomic efficiency; or is the head of at least 01 national science and technology mission; or is the head of at least 02 ministerial science and technology missions accepted at “pass” level, or higher, and creating valuable outcomes/products with great socioeconomic efficiency; or is the head of a ministerial science and technology mission accepted at “pass” level, or higher, and is the lead author of a scientific article published in an internationally reputable scientific journals as prescribed by the Ministry of Science and Technology.

b) In the field of social sciences and humanities, in addition to general standards specified in Clause 2 of this Article, a person to be considered and accredited as a leading scientist in a science and technology branch must be the lead author of at least 03 scientific articles published in internationally reputable scientific journals as prescribed by the Ministry of Science and Technology; or have at least 05 scientific articles which have been published in scientific journals assigned ISSN numbers and included in lists of scored journals of specialized or interdisciplinary councils of professors annually published by the State Council for Professorship and each of which has been given at least 01 point, and be the chief editor of at least 01 monograph in specialized field published by a reputable publisher, or have played the leading or primary role in doing research or providing consultancy for formulating drafts of documents of the Communist Party, promulgated national development strategies or research works contributing to formulation of policies certified by competent authorities.

4. The Minister of Science and Technology shall stipulate specialized scientific development schemes prescribed in this Article.”

8. Article 16 is amended as follows:

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1. By June 30 of every year, a person who performs science and technology activities and meet standards laid down in Article 15 hereof shall, either on his/her initiative or upon the recommendation of the public science and technology institution where he/she is working, submit an application for accreditation as a leading scientist to the public science and technology institution where he/she is working. Other persons who are not working at public science and technology institutions may also submit applications for accreditation as leading scientists to Vietnam Union of Science and Technology Associations (VUSTA).

a) An application for accreditation as a leading scientist includes:

- The application form for accreditation as a leading scientist (according to Form No. 03/KHCN enclosed herewith);

- Copies of qualifications/certificates relating to his/her specialization;

- The applicant’s scientific profile (which bears certification given by the managing authority if the applicant is working at a public science and technology institution);

- Other documents proving the applicant’s satisfaction of standards in Clause 2 and Clause 3 Article 15 hereof; the scientific development scheme.

b) The application shall be submitted directly (or through the single-window section, if available) or online via the public service portal of the public science and technology institution or of VUSTA (if the applicant is not working at any public science and technology institution).

2. Within 20 days from the receipt of an application for accreditation as a leading scientist, head of the public science and technology institution where the applicant is working shall establish an internal examination council that shall take charge of considering the received application and send consideration results and the qualified application to the ministry, ministerial agency, Governmental agency or provincial People's Committee that is the supervisory authority of the public science and technology institution where the applicant is working for considering, certifying and transferring that application to the Ministry of Science and Technology for consideration.

VUSTA shall establish an internal examination council that shall take charge of considering the received application and send consideration results and the qualified application to the Ministry of Science and Technology for consideration.

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4. Within 15 days from the receipt of selection results given by the examination council, the Minister of Science and Technology shall issue decision to recognize selection results and apply policies on utilization of accredited leading scientists who have been selected by at least 2/3 of members of the examination council.

5. The Ministry of Science and Technology shall stipulate the composition, duties and working principle of the examination council prescribed in this Article.”

9. Clause 2 Article 17 is amended as follows:

“Article 17. Duties of leading scientists

2. Specific duties:

a) Ensure progress and quality of performance of duties according to scientific development schemes selected by the examination council established by the Minister of Science and Technology, and have at least one of the following achievements:

- Have scientific articles published in internationally reputable scientific journals as prescribed by the Ministry of Science and Technology or scientific journals assigned ISSN numbers and included in lists of scored journals of specialized or interdisciplinary councils of professors annually published by the State Council for Professorship; have chaired international specialized seminars/conferences; or have acted as a member of the editorial board of an internationally reputable scientific journal as prescribed by the Ministry of Science and Technology;

- Have scientific works given internationally or nationally prestigious awards; or have inventions protected by patents; or have technical solutions/technologies practically applied;

b) Annually instruct postgraduate students and researchers of their research specializations; participate in provision of training in successor technologies;

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d) Participate in selection, acceptance and independent review of national, ministerial and provincial science and technology missions.”

10. Clause 1 Article 18 is amended and Clause 8 is added to Article 18 as follows:

“Article 18. Policies on utilization of leading scientists

1. Leading scientists shall be provided with funding for performing approved science and technology missions according to scientific development schemes selected by the examination council established by the Minister of Science and Technology according to annual progress.

8. Leading scientists shall be gloried and awarded scientific and technological titles/prizes with respect to excellent science and technology results according to relevant laws.”

11. Article 19 is amended as follows:

“Article 19. Funding for implementing policies on utilization of leading scientists

1. Funding for implementing policies on utilization of leading scientists shall be derived from funding for science and technology development.

2. The Ministry of Science and Technology shall annually allocate appropriate funding to leading scientists for performing their duties in the year according to approved scientific development schemes.

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Public science and technology institutions where leading scientists are working shall make and send estimates of funding for implementing policies on utilization of leading scientists according to Article 18 hereof, except the funding in Clause 2 of this Article, to the Ministry of Science and Technology for aggregating and requesting competent authorities to allocate funding."

12. Article 20 is amended as follows:

“Article 20. Maintaining or suspending policies on utilization of leading scientists

1. Ministries and ministerial agencies shall cooperate with the Ministry of Science and Technology and VUSTA (in case leading scientists are not working at public science and technology institutions) to carry out annual inspection of performance of duties by leading scientists for maintaining accreditation as leading scientists who have fulfilled their duties as prescribed in Article 17 hereof. By December 31 of every year, leading scientists shall submit reports on their fulfillment of duties as prescribed in Article 17 hereof to ministries, ministerial agencies, Governmental agencies or provincial People's Committees that are supervisory authorities of public science and technology institutions where they are working or to VUSTA and the Ministry of Science and Technology (if they are not working at any public science and technology institutions).

2. The application of policies on utilization of leading scientists shall be suspended in the following cases:

a) A leading scientist has failed to ensure the progress and performance of duties according to the approved scheme for 03 consecutive years since he/she was accredited as a leading scientist without giving any legitimate reasons considered and accepted by his/her supervisory authority;

b) Information provided  when applying for accreditation as leading scientist is inaccurate or has been forged;

c) A leading scientist commits violations against regulations in Article 8 of the Law on Science and Technology regarding prohibited acts in the field of science and technology.

3. Leading scientists for whom policies on utilization of leading scientists are suspended shall not receive benefits prescribed in Article 18 hereof from the effective date of the decision issued by the Minister of Science and Technology according to the proposal of the Minister, head of ministerial agency or Governmental agency or Chairperson of provincial People’s Committee that is the supervisory authority of the public science and technology institution where the leading scientist is working or VUSTA (if the leading scientist is not working at any public science and technology institution). A leading scientist for whom policies on utilization of leading scientists is suspended as prescribed in Clause 2 of this Article shall not be considered for being accredited as leading scientist and must return funding allocated according to policies on utilization of leading scientists to state budget.

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4. The Ministry of Science and Technology shall provide specific regulations and guidance on this Article.”

13. Article 23 is amended as follows:

“Article 23. Standards, conditions and procedures for selection and accreditation as talented young scientists and duties of talented young scientists

1. A talented young scientist is a person performing science and technology activities, aged under 35 years, possessing doctoral degree or higher, getting excellent study results at higher education institution and meeting one of the following standards/conditions:

a) He/she has played the leading role in scientific works given internationally prestigious science and technology awards as prescribed by the Ministry of Science and Technology;

b) He/she is the lead author of at least 05 scientific articles published in internationally reputable scientific journals as prescribed by the Ministry of Science and Technology; or has designed 02 inventions, or more, protected by patents of which at least 01 invention has been practically applied with great socioeconomic efficiency; or has acted as the head of a science and technology mission whose outcomes/products have been accepted and certified to have great socioeconomic efficiency. In addition to this condition, a person operating in the field of social sciences and humanities must have at least 05 scientific articles which have been published in scientific journals assigned ISSN numbers and included in lists of scored journals of specialized or interdisciplinary councils of professors annually published by the State Council for Professorship and has chaired at least 03 national scientific conferences/seminars or has participated in international scientific conferences/seminars.

2. Procedures for selection and accreditation as talented young scientists

a) By March 31 of every year, persons meeting relevant standards/conditions shall submit applications for accreditation as talented young scientists to the National Foundation for Science and Technology Development (NAFOSTED). Such applications shall be submitted directly (through the single-window section) or online via the public service portal of NAFOSTED.

An application for accreditation as a talented young scientist includes:

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- Copies of qualifications/certificates;

- The applicant’s scientific profile (which bears certification given by the managing authority if the applicant is working at a public science and technology institution);

- Other documents proving the applicant’s satisfaction of standards/conditions in Clause 1 Article 23 hereof.

b) By May 01 of every year, NAFOSTED shall consider and examine received applications, and report consideration results to the President of the Board of Trustees of NAFOSTED. By May 15 of every year, the President of the Board of Trustees of NAFOSTED shall issue decision to accredit qualified applicants as talented young scientists and give written notification to unqualified applicants.

c) Within 15 days after the President of the Board of Trustees of NAFOSTED issues a decision to accredit talented young scientists, this decision must be sent to relevant individuals and organizations for applying policies on utilization of talented young scientists.”

14. Clause 5 Article 24 is amended as follows:

“Article 24. Policies on utilization of talented young scientists

5. An accredited talented young scientist shall be provided with funding for participating in not more than a domestic or foreign scientific conference or seminar in a year; provided with funding for announcing science and technology findings, applying for registration of intellectual property rights over inventions and plant varieties domestically or abroad, except these expenses are covered by funding for performing relevant missions."

15. Article 25 is amended as follows:

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1. Funding for implementing policies on utilization of talented young scientists prescribed in Article 24 hereof shall be derived from funding for science and technology development and included in budget estimates allocated to science and technology institutions or provided by NAFOSTED and other lawful funding sources, if any. In particular, funding for assisting talented young scientists in participating in training courses as prescribed in Clause 2 Article 24 hereof shall be included in annual estimated funding for training science and technology personnel according to the Prime Minister's decision and other lawful funding sources.

2. NAFOSTED shall make cost estimates and assist talented young scientists in benefiting from utilization policies as prescribed."

Article 2. Amendments to the Government’s Decree No. 87/2014/ND-CP dated September 22, 2014 on attracting participation of Vietnamese people living abroad and foreign experts in science and technology activities in Vietnam

1. Article 3 is amended as follows:

“Article 3. Conditions for applying attraction policies

1. Vietnamese people living abroad and foreign experts shall receive benefits according to this Decree when playing the leading role or participating in performance of science and technology missions that are nationally important or significant or practically contribute to the socioeconomic development of Vietnam or of a specific province or the development of a specific science and technology branch in Vietnam, and meeting one of the following conditions:  

a) They have designed inventions or discovered new plant varieties over which intellectual property rights are protected by patents and which have been practically applied or transferred to create practically valuable products, or have wide experience or deep knowledge in branches/specializations relating to science and technology missions performed in Vietnam and are working at research departments of reputable research institutes, universities or enterprises abroad;

b) They have excellent scientific and technological research works given science and technology awards or widely and effectively applied and suitable for science and technology missions performed in Vietnam;

c) They possess doctoral degree and have been lecturing or participating in scientific research/technological development for at least 03 years at reputable research institutions abroad in specializations suitable for science and technology missions performed in Vietnam;

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2. Based on the reality and at the request of the authorities that need to use Vietnamese people living abroad and foreign experts to perform science and technology missions in Vietnam, ministries, ministerial agencies, Governmental agencies and provincial People's Committees shall agree with the Ministry of Science and Technology on requesting the Prime Minister to make decision to apply attraction policies to persons who do not meet the conditions in Clause 1 of this Article but demonstrate that they are capable of effectively participating in performance of science and technology missions in Vietnam.”

2. Clause 1 Article 5 is amended as follows:

“Article 5. Recruitment, employment and training policies

1. While working in Vietnam, Vietnamese people living abroad may be employed to play leading positions in public science and technology institutions; assigned to play the leading role in performing science and technology missions funded by state budget at all levels; considered for accreditation or appointment of scientific/technological titles in accordance with the Law on Science and Technology.”

3. Article 6 is amended as follows:

“Article 6. Salary policies

Vietnamese people living abroad and foreign experts shall receive agreed salaries when performing science and technology missions in Vietnam. Agreed salaries are determined according to:

1. The nature, scale and importance of performed science and technology missions.

2. The capacity and contribution of the salaried person.

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4. Clause 3 is added to Article 8 as follows:

“Article 8. Information access policies

3. Domestic authorities and organizations shall publicly announce adequate information as prescribed by laws and promote dissemination of information on science and technology missions/programs/projects that require cooperation and participation of Vietnamese people living abroad and foreign experts (including information on cooperation missions; requirements to be satisfied by cooperating Vietnamese people living abroad and foreign experts, their rights and obligations; commitments on cooperation and other necessary information).”

5. Point e Clause 2 Article 10 is amended and Point i is added to Clause 2 Article 10 as follows:

“Article 10. Other policies

e) When performing science and technology missions in Vietnam, each of Vietnamese people living abroad and foreign experts shall be provided funding for participating in not more than international scientific conference or seminar whose contents are associated with cooperated science and technology missions in Vietnam in a year; funding for organizing science and technology seminars in their specializations in Vietnam; funding for publishing research findings in internationally reputable scientific journals, applying for registration of intellectual property rights over inventions/plant varieties which are created during their cooperation with regulatory authorities and science and technology institutions in Vietnam. Funding provided as prescribed in this Point is derived from NAFOSTED or other lawful funding sources (if any);

i) They are allowed to participate in programs/schemes for attracting the participation of Vietnamese people living abroad and foreign experts in science and technology activities in Vietnam.”

6. Addition of Point c to Clause 1, addition of Point c to Clause 3 and amendments to Clause 2 and Clause 7 Article 14:

“Article 14. Responsibilities of Ministries, ministerial agencies, Governmental agencies, and provincial People's Committees  

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c) Formulate and implement bilateral/multilateral cooperation programs on science and technology for attracting the participation of Vietnamese people living abroad and foreign experts in science and technology activities in Vietnam, and promoting cooperation on science and technology activities with domestic authorities and science and technology institutions.

2. The Ministry of Science and Technology shall provide guidance on subjects, standards, conditions and procedures for employing Vietnamese people living abroad and foreign experts who are participating in science and technology activities in Vietnam to hold leading positions in science and technology institutions.

3. The Ministry of Foreign Affairs shall:

c) Play the leading role and cooperate with relevant ministries, regulatory authorities and local governments in introducing and providing information on mechanisms/policies; demands for cooperation of Vietnamese people living abroad and foreign experts with domestic authorities and science and technology institutions; promote and connect cooperation and attraction activities.

7. Ministries, ministerial agencies, Governmental agencies, and provincial People's Committees shall:

a) Direct their inferior units to review and publicly announce science and technology plans/missions as prescribed by law in order to facilitate the participation of Vietnamese people living abroad and foreign experts; provide information about science and technology institutions that have demand and potential for cooperation for Vietnamese people living abroad and foreign experts, and publish information as prescribed in Clause 3 Article 8 hereof;

b) Formulate and implement international cooperation programs/projects on science and technology for facilitating and attracting the participation of Vietnamese people living abroad and foreign experts in science and technology activities in Vietnam;

c) Cooperate with relevant ministries and regulatory authorities in applying attraction policies introduced in this Decree to eligible persons as prescribed;

d) Submit reports on utilization and attraction of participation of Vietnamese people living abroad and foreign experts to the Ministry of Science and Technology and the Ministry of Foreign Affairs by November 20 of every year so that the Ministry of Science and Technology can prepare and submit a consolidated report thereon to the Prime Minister.”

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1. This Decree comes into force from April 15, 2020.

2. With regard to special recruitment of public employees in the field of science and technology (currently receipt of qualified persons as public employees), or exceptional appointment of qualified persons to higher scientific/technological titles without title/rank promotion examinations and seniority consideration, or application of policies on utilization of talented young scientists which have been announced or for which applications have been received by competent authorities before this Decree takes its legal effect, the Government’s Decree No. 40/2014/ND-CP dated May 12, 2014 shall apply.

3. With regard to Vietnamese people living abroad and foreign experts for whom the application of attraction policies has been notified by or whose applications have been received by competent authorities before this Decree takes its legal effect, the Government’s Decree No. 87/2014/ND-CP dated September 22, 2014 shall apply.

Article 4. Responsibility for implementation

1. The Ministry of Science and Technology shall take charge of instructing, inspecting and expediting the implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of provincial People’s Committees, and relevant organizations and individuals shall be responsible for implementation of this Decree./.

ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER




Nguyen Xuan Phuc

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