Decree No. 27/2020/ND-CP amending the Decree No. 40/2014/ND-CP

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 40/2014/ND-CP of May 12, 2014, prescribing the employment and preferential treatment of scientists and technologists, and the Government’s Decree No. 87/2014/ND-CP of September 22, 2014, on attraction of scientists and technologists who are overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam^[1]

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

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

At the proposal of the Minister of Science and Technology;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decrees No. 40/2014/ND-CP of May 12, 2014, prescribing the employment and preferential treatment of scientists and technologists, and the Government’s Decree No. 87/2014/ND-CP of September 22, 2014, on attraction of scientists and technologists who are overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam.

Article 1.To amend and supplement a number of articles of the Government’s Decrees No. 40/2014/ND-CP of May 12, 2014, prescribing the employment and preferential treatment of scientists and technologists, as follows:

1. To amend Article 5 as follows:

“Article 5. Special cases of recruitment and appointment of individuals to science or technology job titles

1. Special cases of recruitment and appointment of scientists and technologists working in public non-business units engaged in scientific and technological activities to science or technology job titles must comply with the law on recruitment, employment and management of public employees.

2. Individuals recording outstanding scientific and technological achievements and satisfying the requirements of working positions who are admitted as public employees and appointed to science or technology job titles are not required to undergo the probation period and shall be arranged to enjoy salary grades suitable to their working positions as prescribed.”

2. To add the following Article 5a:

“Article 5a. Order, procedures and competence to admit individuals recording outstanding scientific and technological achievements as public employees and appoint them to scientific research or technology job titles

1. Notification of admission as public employees

A public non-business unit engaged in scientific and technological activities shall publicize its demands for admission of individuals as public employees and appointment of individuals to scientific research or technology job titles on printed press, radio or television at least 30 days prior to the date of dossier receipt; and concurrently post information on such demands on its portal for at least 30 days and at its office.

2. Dossiers of request for registration for admission as public employees

An individual who meets the requirements of a certain working position and recruitment conditions specified in the law on recruitment, employment and management of public employees and records scientific and technological achievements under the Ministry of Science and Technology’s regulations shall submit 1 dossier for registration for admission as a public employee directly at a public non-business unit engaged in scientific and technological activities (the single-window section) or online via its public service portal or send it by post. Such a dossier must comprise:

a/ A written request of registration for admission as a public employee (made according to Form No. 01/KHCN provided in the Appendix to this Decree);

b/ The applicant’s resume certified by a competent agency, which is made within 6 months prior to the date of dossier submission;

c/ Copies of diplomas, certificates and transcripts, and documents proving scientific and technological achievements as required for the position. Diplomas granted by foreign training institutions shall be recognized by the Ministry of Education and Training;

d/ A valid health certificate granted by a health establishment eligible for providing medical checkups under the Ministry of Health’s regulations;

dd/ Scientific background of the applicant.

3. A public non-business unit engaged in scientific and technological activities shall examine the completeness and validity of dossiers and draw up a list together with dossiers of individuals who fully meet the prescribed criteria and conditions in order to consider, or request a competent agency to consider the admission of individuals as public employees and appointment of individuals to scientific research or technology job titles.

4. Procedures for admission of individuals as public employees and appointment of individuals to research assistant or technician title (rank-IV job title), or researcher or engineer title (rank-III job title) are as follows:

a/ Within 15 days after the deadline for submission of dossiers of request for admission of individuals as public employees, the head of a public non-business unit engaged in scientific and technological activities (or an agency or a unit competent to admit individuals as public employees) shall set up a testing council to consider and select candidates who fully meet the conditions and criteria for being admitted as public employees and appointed to rank-IV or rank-III job titles;

b/ Based on selection results from the testing council, within 15 days, the head of the public non-business unit engaged in scientific and technological activities (or the head of the agency or unit competent to recruit public employees) shall consider and decide on recognition of results of consideration of admission of individuals as public employees. These results shall be posted on the portal of the unit or agency and at its office;

c/ Within 15 days after obtaining a decision on recognition of results of consideration of admission of individuals as public employees, the head of the public non-business unit engaged in scientific and technological activities (or the head of the agency or unit competent to recruit public employees) shall issue a decision on admission of an individual as a public employee and appointment of him/her to the relevant rank job-title.

5. Procedures for consideration of admission of individuals as public employees and appointment of individuals to principal researcher or principal engineer title (rank-II job title) are as follows:

a/ A public non-business unit engaged in scientific and technological activities shall send dossiers that fully satisfy conditions for admission of individuals as public employees and appointment of individuals to rank-II job title to its managing agency being a ministry, ministerial-level agency, government-attached agency or provincial-level People’s Committee for consideration of admission of individuals as public employees;

b/ Within 15 days after receiving such dossiers, the minister, head of the ministerial-level agency or government-attached agency, or chairperson of the provincial-level People’s Committee shall set up a testing council for consideration of admission of individuals as public employees and appointment of individuals to rank-II job title;

c/ Within 15 days after obtaining the testing council’s results of consideration of admission of individuals as public employees and appointment of individuals to the rank-II job title, the ministerial-level agency, government-attached agency or provincial-level People’s Committee shall send such results and dossiers of individuals proposed for being admitted as public employees and appointed to rank-II job title to the Ministry of Science and Technology for getting the latter’s opinion on whether each individual satisfies the prescribed conditions and criteria;

d/ Within 15 days after receiving the request of the ministry, ministerial-level agency, government-attached agency or provincial-level People’s Committee, the Ministry of Science and Technology shall consider and give written opinions on the satisfaction of the prescribed conditions and criteria by each individual requested for being admitted as a public employee and appointed to rank-II job title;

dd/ Within 15 days after obtaining the Ministry of Science and Technology’s opinions, the minister, head of the ministerial-level agency or government-attached agency, or chairperson of the provincial-level People’s Committee shall notify results of consideration of admission of individuals as public employees and appointment of individuals to rank-II job titles. The results of consideration of admission of individuals as public employees shall be posted on the portal of related agency or unit and at its office.

6. Procedures for admission of individuals as public employees and appointment of individuals to senior researcher or senior engineer title (rank-I job title) are as follows:

a/ A public non-business unit engaged in scientific and technological activities shall send dossiers that fully satisfy conditions for admission of individuals as public employees and appointment of individuals to rank-I job title to its managing agency being a ministry, ministerial-level agency, government-attached agency or provincial-level People’s Committee for admission consideration;

b/ Within 15 days after receiving such dossiers, the minister, head of the ministerial-level agency or government-attached agency, or chairperson of the provincial-level People’s Committee shall set up a testing council for consideration of admission of individuals as public employees and appointment of individuals to rank-I job title;

c/ Within 15 days after obtaining results from the testing council, the ministry, ministerial-level agency, government-attached agency or provincial-level People’s Committee shall send such results together with dossiers of individuals proposed for being admitted as public employees and exceptionally appointed to rank-I job title to the Ministry of Science and Technology for getting the latter’s opinion on whether each individual satisfies the prescribed conditions and criteria;

d/ Within 15 days after receiving the request of the ministry, ministerial-level agency, government-attached agency or provincial-level People’s Committee, the Ministry of Science and Technology shall consider and make a list of individuals who fully meet the conditions and criteria for being admitted as public employees and appointed to rank-I job title and send it to the Ministry of Home Affairs for getting the latter’s opinions on appointment of individuals and arrangement of their salary levels to rank-I job title;

dd/ Within 15 days after obtaining the Ministry of Science and Technology’s opinions, the Ministry of Home Affairs shall consider and give opinions on the appointment of individuals and arrangement of their salary levels to rank-I job title, for those eligible for being admitted as public employees, and send them to the Ministry of Science and Technology and the concerned ministry, ministerial-level agency, government-attached agency or provincial-level People’s Committee for implementation;

e/ Within 15 days after obtaining the Ministry of Home Affairs’ opinions, the minister, head of the ministerial-level agency or government-attached agency, or chairperson of the provincial-level People’s Committee shall notify the results of consideration of admission of individuals as public employees and appointment of individuals to rank-I job title. The results of consideration of admission of individuals as public employees shall be posted on the portal of related agency or unit and at its office.

7. The Ministry of Science and Technology shall prescribe in detail scientific and technological achievements, testing councils and the marking method for identifying individuals to be admitted as public employees and appointed to science or technology job titles specified in this Article.”

3. To amend and supplement Article 6 as follows:

“Article 6. Exceptional appointment of individuals to higher science or technology job titles without rank promotion exams and regardless of working seniority

1. An individual who is holding a science or technology job title in a public non-business unit engaged in scientific and technological activities and satisfies criteria for a higher job title shall be considered for exceptional appointment to a higher science or technology job title without rank promotion exams and regardless of working seniority provided that at the time of consideration of exceptional rank promotion, he/she meets one of the following conditions:

a/ Having won an international award or an eminent domestic award in science and technology as prescribed by the Ministry of Science and Technology;

b/ Having assumed the prime responsibility for or taken main charge of special scientific and technological tasks or national-level scientific and technological tasks of great importance with his/her performance evaluated as satisfactory or higher through pre-acceptance test, or having assumed the prime responsibility for ministerial or provincial or higher level scientific and technological tasks with their application having brought about high socio-economic efficiency;

c/ Possessing a doctor degree and having recorded outstanding scientific or technological achievements;

d/ Possessing a doctor of science degree or having been appointed to the associate professor title;

dd/ Having been appointed to the professor title.

2. Scientific and technological achievements and outcomes of scientific and technological activities shall only be used once for consideration of exceptional appointment of individuals to a higher science or technology job title without rank promotion exams and regardless of working seniority.”

4. To add the following Article 6a:

“Article 6a. Order, procedures and competence to consider exceptional appointment of individuals to higher science or technology job titles without rank promotion exams and regardless of working seniority

1. Agencies competent to consider exceptional appointment of individuals to science or technology job titles shall, based on the results of working position review and structure of job-title ranks of scientific or technological public employees, notify consideration of exceptional appointment of individuals currently holding scientific research or technology job titles to higher job-title ranks.

2. An individual who fully satisfies conditions and criteria for consideration of exceptional appointment to a higher scientific research or technological job title without rank promotion exams and regardless of working seniority shall submit a dossier of request for exceptional appointment to a higher job-title rank directly at the public non-business unit engaged in scientific and technological activities where he/she is working (at the single-window section, if any) or online via the public service portal of his/her agency or unit. Such a dossier must comprise:

a/ A written request for exceptional appointment of an individual to a higher scientific research or technology job title without rank promotion exams and regardless of working seniority (made according to Form No. 02/KHCN provided in the Appendix to this Decree);

b/ The public employee’s resume certified by the agency competent to manage dossiers of public employees.

c/ Written remarks, given by the head of the public employee-employing agency, on the degree of fulfillment of his/her tasks in the year preceding the year of consideration;

d/ Copies of diplomas, certificates and documents proving his/her scientific and technological achievements and other documents required by the job title to which the public employee is requested for consideration of exceptional appointment;

dd/ A scientific resume certified by the public employee-managing agency.

3. For the consideration of exceptional appointment of individuals to researcher or engineer title (rank-III job title) without rank promotion exams and regardless of working seniority:

a/ A public non-business unit engaged in scientific and technological activities shall make a list together with dossiers of public employees who fully satisfy the prescribed criteria and conditions in order to consider, or request a competent agency to consider appointment to a higher job-title rank;

b/ Within 15 days after receiving the request and a dossier of request for consideration of exceptional appointment, the head of an agency or unit competent to exceptionally appoint individuals to scientific research or technology job titles shall set up an exceptional appointment consideration council for appraisal of the dossier;

c/ Within 15 days after obtaining the council’s exceptional appointment consideration results, the agency with exceptional appointment competence shall notify the results of consideration and decision on exceptional appointment of individuals to scientific research or technology job-title ranks without rank promotion exams and regardless of working seniority.

4. For the consideration of exceptional appointment of individuals to principal researcher or principal engineer title (rank-II job title) with no rank promotion exams and regardless of working seniority:

a/ A public non-business unit engaged in scientific and technological activities shall make a list together with dossiers of public employees who fully satisfy criteria and conditions for consideration of exceptional appointment to rank-II job titles and send them to its managing agency being a ministry, ministerial-level agency, government-attached agency or provincial-level People’s Committee;

b/ Within 15 days after receiving the request and a dossier of request for consideration of exceptional appointment, the minister, head of the ministerial-level agency or government-attached agency or chairperson of the provincial-level People’s Committee shall set up an exceptional appointment consideration council for appraisal of the dossier;

c/ Within 15 days after receiving the council’s results, the minister, head of the ministerial-level agency or government-attached agency, or chairperson of the provincial-level People’s Committee shall send the results and dossiers of individuals proposed for exceptional appointment to rank-II job titles to the Ministry of Science and Technology for getting the latter’s opinion on whether each individual satisfies the prescribed conditions and criteria;

d/ Within 15 days after receiving the request of the ministry, ministerial-level agency, government-attached agency or provincial-level People’s Committee, the Ministry of Science and Technology shall consider and give opinions on the satisfaction of the prescribed conditions and criteria by each individual proposed for exceptional appointment to rank-II job title;

dd/ Within 15 days after receiving the Ministry of Science and Technology’s opinions, the minister, head of the ministerial-level agency or government-attached agency, or chairperson of the provincial-level People’s Committee shall issue a decision on exceptional appointment of an eligible individual to rank-II job title.

5. For the consideration of exceptional appointment of individuals to senior researcher or senior engineer title (rank-I job title) without rank promotion exams and regardless of working seniority:

a/ To comply with Points a and b, Clause 4 of this Article;

b/ Based on results of consideration of exceptional appointment of individuals to rank-I job titles, within 15 days after receiving results from the council for consideration of exceptional appointment of individuals to rank-I job titles, a minister, the head of a ministerial-level agency or government-attached agency, or the chairperson of a provincial-level People’s Committee shall send the consideration results and dossiers of individuals proposed forexceptional appointment to rank-I job titles to the Ministry of Science and Technology for getting the latter’s opinions on whether each individual satisfies the prescribed conditions and criteria;

c/ Within 15 days after receiving the request of the ministry, ministerial-level agency, government-attached agency or provincial-level People’s Committee, the Ministry of Science and Technology shall consider and make a list of individuals fully satisfying the conditions and criteria for exceptional appointment to rank-I job titles and send it to the Ministry of Home Affairs for getting the latter’s opinions on appointment of such individuals to rank-I job titles and arrangement of their salary levels;

d/ Within 15 days after receiving the Ministry of Science and Technology’s request, the Ministry of Home Affairs shall consider and give opinions on the appointment of individuals to rank-I job titles and arrangement of their salary levels, and send them to the Ministry of Science and Technology and the ministry, ministerial-level agency, government-attached agency or provincial-level people’s Committee for implementation;

dd/ Within 15 days after obtaining the Ministry of Home Affairs’ opinions, the minister, head of the ministerial-level agency or government-attached agency, or chairperson of the provincial-level People’s Committee shall issue a decision on exceptional appointment of an eligible individual to a rank-I job title;

6. The Ministry of Science and Technology shall guide in details scientific and technological achievements and councils for consideration of exceptional appointment of individuals to higher scientific research or technology job titles without rank promotion exams and regardless of working seniority specified in this Article.”

5. To amend and supplement Clause 1, Article 7 as follows:

“Article 7. Special salary raise for individuals recording scientific and technological achievements

1. An individual who is currently holding a science or technology job title in a public non-business unit engaged in scientific and technological activities is entitled to special salary raise within the same job-title rank provided that he/she does not breach disciplines and records one of the following achievements while holding the antecedent salary grade:

a/ Having assumed the prime responsibility for a national-level scientific or technological task that has been tested for acceptance and applied with socio-economic efficiency;

b/ Having been awarded the Vietnamese State’s Order under the Law on Emulation and Commendation;

c/ Having been conferred with the Labor Hero title;

d/ Having been conferred with the National Emulation Fighter title.”

6. To amend and supplement Article 10 as follows:

“Article 10. Incentives for scientists and technologists holding professor or associate professor title

A scientist or technologist holding a professor or associate professor title in a pubic science and technology organization who satisfies the Ministry of Science and Technology-prescribed job title criteria may be exceptionally appointed to rank-I scientific research or technology job title, and are entitled to policies and regimes similar to those applicable to persons holding a similar job title in public higher education institutions if such policies and regimes are more beneficial.”

7. To amend and supplement Article 15 as follows:

“Article 15. Criteria of leading scientists

1. Scientists and technologists shall be considered and selected as leading scientists of the science and technology disciplines prescribed by the Minister of Science and Technology.

2. Common criteria for leading scientists:

A scientist or technologist shall be considered and recognized as a leading scientist if he/she fully satisfies the following common criteria:

a/ Not violating one of the prohibited acts prescribed in Article 8 of the Law on Science and Technology and not being disciplined in the form of reprimand or severer form or not executing a criminal judgment;

b/ Having experience in management and mentoring of professional activities, and capability for international integration and representing his/her major or specialty in academic exchanges:

- Being a leader in charge of professional affairs of a science major, laboratory or equivalent in a general university, university, research institute or science and technology organization established according to the competence prescribed at Point a, b or d, Clause 1, Article 12 of the Law on Science and Technology, or having experience in leading a research team, laboratory or eminent academic unit.

- Being capable of gathering and mobilizing outstanding scientific officers, leading his/her research team to carry out scientific research ideas or develop new technologies so as to develop or lead a science major or specialty;

- Having been invited to teach in a university of the top 500 universities in the annual United Kingdom’s Quacquarelli Symonds World University Rankings or Times Higher Education’s World University Rankings; or having entered into research cooperation with eminent foreign scientists with their joint-research outcomes already publicized; or having been invited to present his/her reports at eminent international specialized scientific conferences and seminars; or having presided over national-level specialized scientific conferences and seminars;

- Having acted as a principal mentor for at least 5 doctoral students, for scientific researchers.

c/ Regarding professional qualifications and foreign language proficiency levels:

- Holding a doctor or higher degree;

- Being fluent in English or one of the official languages of the United Nations.

d/ Satisfying conditions on scientific and technological achievements and outcomes of scientific and technological activities specified in Clause 3 of this Article;

dd/ Obtaining a scheme on orientations for development of science specialties approved by the Council specified in Article 16 of this Decree and being capable of mobilizing his/her research team to implement this scheme.

A scheme on orientations for development of science specialties must aim at developing a new research orientation or solving a scientific and technological issue of the country, pioneering in implementing new scientific and technological ideas or transferred scientific research or technological development outcomes, and bringing valuable scientific and technological products to the society.

3. Conditions on scientific and technological achievements and outcomes of scientific and technological activities and capability for international cooperation for consideration, selection and recognition of leading scientists

a/ In addition to the common criteria specified in Clause 2 of this Article, a scientist or technologist may be considered, selected and recognized as a leading scientist if fully satisfying the following conditions:

- Being a member of an editorial board of an eminent international scientific journal according to the Ministry of Science and Technology’s regulations; or having an H-index of 10 or more (according to Google Scholar); or having won an eminent international science and technology award under the Ministry of Science and Technology’s regulations; or having at least 10 science articles published on eminent international scientific journals according to the Ministry of Science and Technology’s regulations.

- Within 5 years prior to the date of submission of dossiers for consideration and selection, possessing at least 1 invention granted a protection title and applied in practice with high socio-economic efficiency; or acting as manager of at least 1 national-level scientific and technological task; or acting as manager of 2 ministerial-level scientific or technological tasks with their outcomes evaluated as satisfactory or higher through pre-acceptance test and with their results/products having high socio-economic value, impacts or efficiency; or acting as manager of 1 ministerial-level scientific and technological task with their outcomes evaluated as satisfactory or higher through pre-acceptance test and the principal author of 1 science article published on an eminent international scientific journal according to the Ministry of Science and Technology’s regulations.

b/ For social sciences and humanities, in addition to the common criteria specified in Clause 2 of this Article, a scientist or technologist may be considered, selected and recognized as a leading scientist provided that he/she is the principal author of at least 3 science articles published on eminent international scientific journals as prescribed by the Ministry of Science and Technology; or having at least 5 science articles published on science journals with an International Standards Serial Number (ISSN) on the annual list of scoring-eligible journals of sectoral and inter-sectoral councils for professorship under the State Council for Professorship with each article given one score or more, and being the chief editor of at least 1 monograph in the specialized field that was published by a prestigious publisher, or having participated in or being a principal member in research and advisory activities for formulation of drafts of Party documents and national development strategies that have been promulgated or in research projects  contributing to policymaking that have been certified by competent agencies.

4. The Minister of Science and Technology shall prescribe in detail schemes on orientations for development of science specialties prescribed in this Article.”

8. To amend and supplement Article 16 as follows:

“Article 16. Order and procedures for selection and recognition of leading scientists

1. Before June 30 every year, a scientist or technologist who fully satisfies the criteria specified in Article 15 of this Decree shall proactively submit, or at the proposal of the public science and technology organization where he/she is working, submit a dossier for consideration of recognition of a leading scientist at such science and technology organization. A scientist or technologist who does not work at a public science and technology organization shall submit a dossier for consideration of selection of a leading scientist to the Vietnam Union of Science and Technology Associations.

a/ Adossier for consideration of selection of a leading scientist must comprise:

- A written request for consideration of recognition of a leading scientist (made according to Form No. 03/KHCN provided in the Appendix to this Decree);

- Copies of diplomas and certificates relating to the applicant’s major;

- Scientific background (certified by his/her managing agency or unit, if the applicant works in a public science and technology organization);

- Other documents proving the applicant’s satisfaction of the criteria specified in Clauses 2 and 3, Article 15 of this Decree; a scheme on orientations for development of science specialties.

b/ A dossier shall be submitted directly (at a single-window section, if any) or online via the public service portal of a public science and technology organization or the Vietnam Union of Science and Technology Associations (for those who do not work at public science and technology organizations).

2. Within 20 days after receiving a dossier for consideration of selection of a  leading scientist, the head of a science and technology organization where the scientist is working shall set up a grassroots appraisal council for consideration and appraisal of the dossier, send appraisal results and dossiers of the individuals who satisfy the criteria for leading scientists to a ministry, ministerial-level agency, government-attached agency or a provincial-level People’s Committee which is the managing agency of such science and technology organization for consideration and certification, and send them to the Ministry of Science and Technology requesting selection and recognition of leading scientists.

The Vietnam Union of Science and Technology Associations shall set up a grassroots appraisal council for consideration and appraisal of dossiers, and send appraisal results and dossiers of individuals who satisfy the criteria for leading scientists to the Ministry of Science and Technology requesting selection and recognition of leading scientists.

3. The Ministry of Science and Technology shall set up a council for consideration of selection of leading scientists, which shall be composed of representatives of the Ministry of Science and Technology, the Vietnam Union of Science and Technology Associations, and the ministry, ministerial-level agency or government-attached agency that is the managing agency of the public science and technology organization where a scientist or technologist is working, and other members to evaluate and propose the selection of leading scientists (regardless of whether they work or do not work in a public science and technology organization), based on the submitted dossier and a scheme on orientations for development of science specialties.

4. Within 15 days after receiving the council’s selection results, the Minister of Science and Technology shall decide on recognition of the selection results and apply the preferential treatment policy for leading scientists for candidates selected by at least two-thirds of the council members.

5. The Ministry of Science and Technology shall prescribe membership, tasks and working principles of the council specified in this Article.”

9. To amend Clause 2, Article 17 as follows:

“Article 17. Tasks of a leading scientist

2. Specific tasks:

a/ To perform tasks according to the working schedule and quality stated in the scheme on orientations for development of science specialties approved by a consideration and selection council that is set up by the Minister of Science and Technology,  and to be required to satisfy at least one of the following requirements:

- Having a science article published on an eminent international scientific journal under the Ministry of Science and Technology’s regulations or on a domestic scientific journal with an ISSN on the annual list of scoring-eligible journals of sectoral or inter-sectoral councils for professorship under the State Council for Professorship; or having presided over  international specialized science conferences or seminars; or being a member of the editorial board of an eminent international scientific journal under the Ministry of Science and Technology’s regulations;

- Having won an international award or an eminent domestic award for his/her science project; or possessing an invention granted a protection title; or having technologies or technical solutions applied in practice;

b/ Annually, to offer mentoring to postgraduates and doctoral students specialized in research; to participate in training succeeding scientific and technological personnel for relevant sectors and fields;

c/ To take part in the provision of consultancy, formulation, assessment, and making criticisms of national and sectoral scientific and technological development policies and plans; to take part in performing unexpected scientific and technological tasks;

d/ To take part in selection, pre-acceptance test, and making independent criticisms of national-, ministerial- and provincial-level scientific and technological tasks.”

10. To amend Clause 1 of, and add Clause 8 to, Article 18 as follows:

“Article 18. Preferential treatment policies for leading scientists

1. To be allocated funds for performance of scientific and technological tasks already approved under the scheme on orientations for development of science specialties approved by Council for consideration and selection of leading scientists set up by the Minister of Science and Technology on an annual basis for implementation of the scheme.

8. To be honored and considered for being awarded science and technology titles or prizes for outstanding scientific and technological outcomes in accordance with relevant laws.”

11. To amend and supplement Article 19 as follows:

“Article 19. Funds for implementation of preferential treatment policies for leading scientists

1. Funds for implementation of preferential treatment policies for leading scientists shall be allocated from science and technology non-business funds.

2. Annually, the Ministry of Science and Technology shall allocate an appropriate fund to leading scientists according to its annual tasks for implementation of the approved scheme on orientations for development of science specialties.

3. For leading scientists who do not work in any public science and technology organizations, the Ministry of Science and Technology shall allocate funds for implementation of the preferential treatment policies prescribed in Article 18 of this Decree.

For leading scientists working in a public science and technology organization, such science and technology organization shall estimate funds for implementation of the preferential treatment policies prescribed in Article 18 of this Decree, except the funds specified in Clause 2 of this Article, and send them to the Ministry of Science and Technology for summarization, and propose competent agencies to allocate the funds.”

12. To amend and supplement Article 20 as follows:

“Article 20. Continuation or suspension of implementation of preferential treatment policies for leading scientists

1. Line ministries and ministerial-level agencies shall coordinate with the Ministry of Science and Technology and the Vietnam Union of Science and Technology Associations (in case leading scientists do not work in any public science and technology organization) in once a year supervising and assessing leading scientists’ task performance for further recognition of leading scientists who fulfill the tasks prescribed in Article 17 of this Decree. Before December 31 every year, leading scientists shall report on their task performance prescribed in Article 17 of this Decree to ministries, ministerial-level agencies, government-attached agencies or provincial-level People’s Committees being managing agencies of the organizations where they work or to the Vietnam Union of Science and Technology Associations and Ministry of Science and Technology (if they do not work in any public science and technology organization).

2. Suspension of preferential treatment policies shall be applied to leading scientists who:

a/ Fail to fulfill the tasks according to schedule and performance requirements stated in the approved scheme for 3 consecutive years since the application of preferential treatment policies for leading scientists without a plausible reason as considered and accepted by the managing agency;

b/ Are dishonest in making dossier declaration that results in falsifying results of consideration of recognition of leading scientists;

c/ Violate Article 8 of the Law on Science and Technology regarding prohibited acts in scientific and technological activities.

3. A scientist who is suspended from enjoying preferential treatment policies for leading scientists are not entitled to the incentives prescribed in Article 18 of this Decree since the Minister of Science and Technology issues a decision at the proposal of the minister, heads of a ministerial-level agency or government-attached agency or chairperson of a provincial-level People’s Committee being the managing agency of the science and technology organization where he/she works or of the Vietnam Union of Science and Technology Associations (for leading scientists who do not work in any public science and technology organization). The leading scientist who is suspended from applying preferential treatment policies under Clause 2 of this Article shall not be considered for recognition in subsequent times and shall refund to the state budget the money amount he/she has received under preferential treatment policies for leading scientists.

The science and technology organization where a leading scientist works shall decide on and take responsibility for a plan on further implementation of the scheme on orientations for development of science specialties prescribed at Point e, Clause 2, Article 15 of this Decree in case of suspending the application of preferential treatment policies for leading scientists, after reporting it to the Ministry of Science and Technology and the ministry, ministerial-level agency, government-attached agency or provincial-level People’s Committee being the managing agency of the science and technology organization. The plan on further implementation of the scheme on orientations for development of science specialties for scientists who do not work in any public science and technology organization shall be decided by the Ministry of Science and Technology.

4. The Ministry of Science and Technology shall prescribe in detail and guide the implementation of this Article.”

13. To amend and supplement Article 23 as follows:

“Article 23. Criteria and conditions for, and order and procedures for selecting and recognizing, talented young scientists, and tasks of talented young scientists

1. A talented young scientist is an under-35 individual engaged in scientific and technological activities who possesses a doctor or higher degree, has excellent academic results in undergraduate years and meets one of the following criteria and conditions:

a/ Assuming the prime responsibility for a project gaining a domestic or international prestigious science and technology award as prescribed by the Ministry of Science and Technology;

b/ Being the main author of at least 5 science articles published on eminent international scientific journals as prescribed by the Ministry of Science and Technology; or being the author of at least 2 inventions granted protection titles of which at least 1invention is applied with high socio-economic efficiency; or acting as the manager of one accepted scientific and technological task with its results/products being of value, impacts and high socio-economic efficiency. Individuals engaged in social sciences and humanities who do not meet this requirement must have at least 5 science articles published on scientific journals with ISSN on the list of scoring-eligible journals of the annual sectoral or inter-sectoral Council for professorship under the State Council for Professorship, and presiding over at least 3 national-level specialized scientific conferences and seminars or participating in international specialized scientific conferences and seminars.

2. Order and procedures for selecting and recognizing talented young scientists

a/ Before March 31 every year, an individual shall submit a dossier of request for recognition of a talented young scientist directly (at the single-window section) or online via the public service portal of the National Foundation for Science and Technology Development.

A dossier for consideration and recognition of a talented young scientist must comprise:

- A written request for consideration and recognition of a talented young scientist (made according to Form No. 04/KHCN provided in the Appendix to this Decree);

- Copies of diplomas and certificates;

- Scientific background (certified by the managing agency or unit, for individuals working in public science and technology organization);

- Other documents proving the applicant’s satisfaction of the criteria prescribed in Clause 1, Article 23 of this Decree.

b/ Before May 1 every year, the National Foundation for Science and Technology Development shall consider and appraise dossiers and report appraisal results to the Chairperson of the Management Council of the National Foundation for Science and Technology Development. Before May 15 every year, the Chairperson of the Management Council of the National Foundation for Science and Technology Development shall issue a decision on recognition of talented young scientists for individuals who fully satisfy the prescribed conditions and criteria and notify in writing to individuals who do not satisfy the prescribed conditions and criteria to be recognized as talented young scientists.

c/ Within 15 days after a decision on recognition of talented young scientists is issued by the Chairperson of the Management Council of the National Foundation for Science and Technology Development, it shall be sent to related individuals and organizations for implementation of preferential treatment policies for talented young scientists.”

14. To amend and supplement Clause 5, Article 24 as follows:

“Article 24. Preferential treatment policies for talented young scientists

5. To be partially allocated funds for participation in domestic and international specialized scientific conferences and seminars at most once a year; and funds for announcement of scientific and technological results, registration of protection of intellectual property rights over inventions and plant varieties in the country and foreign countries, unless such funds are included in expenditure estimates for task performance.”

15. To amend and supplement Article 25 as follows:

“Article 25. Funds for implementation of preferential treatment policies for talented young scientists

1. Funds for implementation of the preferential treatment policies for talented young scientists prescribed in Article 24 of this Decree shall be allocated from scientific and technological non-business funds in the cost estimates assigned to science and technology organizations or allocated from the National Foundation for Science and Technology Development; and other lawful funding sources, if any. Particularly, funds for support of training and further training of talented young scientists prescribed in Clause 2, Article 24 of this Decree shall be included in the annual cost estimates for training and further training of scientific and technological personnel under the Prime Minister’s decisions, and other lawful funding sources.

2. The National Foundation for Science and Technology Development shall estimate funds and support talented young scientists entitled to preferential treatment policies under regulations.”

Article 2.To amend and supplement a number of articles of the Government’s Decree No. 87/2014/ND-CP of September 22, 2014, on attraction of scientists and technologists who are overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam, as follows:

1. To amend and supplement Article 3 as follows:

“Article 3. Conditions for application of attraction policies

1. An overseas Vietnamese or a foreign expert is entitled to the policies provided in this Decree if he/she assumes the prime responsibility for, or participates in, performing important or nationally influential scientific and technological tasks or scientific and technological tasks that make practical contributions to the socio-economic development of Vietnam or of a locality or to the development of Vietnam’s science and technology specialties or fields, and meets one of the following conditions:

a/ Having an invention or a plant variety that is granted an intellectual property protection title and has been applied or transferred to create products of practical value, or having specialized professional experience in the sector or field suitable for scientific and technological tasks to be performed in Vietnam, and currently working at a research section of an overseas prestigious research institute or university or enterprise;

b/ Having an excellent scientific and technological research project that gains a science and technology award or has been widely applied with efficiency and is suitable to scientific and technological tasks to be performed in Vietnam;

c/ Possessing a doctor degree and currently teaching or taking part in scientific research or technology development for at least 3 years at an overseas prestigious research institution in a professional field suitable to scientific and technological tasks to be performed in Vietnam;

d/ Possessing a doctor degree and having worked for at least 3 years as a scientific researcher for an international cooperation program or project on science and technology or in a research section of an overseas prestigious enterprise.

2. Based on the practical situation and at the request of agencies wishing to employ overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam, ministries, ministerial-level agencies, government-attached agencies or provincial-level People’s Committees shall reach agreement with the Ministry of Science and Technology to report to and consult the Prime Minister on consideration of and decision on the application of attraction policies for persons who fail to meet the conditions prescribed in Clause 1 of this Article but prove their ability to make effective contributions upon participating in scientific and technological activities in Vietnam.”

2. To amend and supplement Clause 1, Article 5 as follows:

“Article 5. Recruitment, labor and training policies

1. While working in Vietnam, an overseas Vietnamese may be hired to hold a leading title in a public science and technology organization; assigned to assume the prime responsibility for performing a state budget-funded scientific or technological task; or considered for recognition of or appointment to a science or technology job-title as prescribed in the Law on Science and Technology.”

3. To amend and supplement Article 6 as follows:

Article 6. Salary policy

Overseas Vietnamese and foreign experts who perform scientific and technological tasks in Vietnam may enjoy salary levels as agreed upon. An agreed salary level shall be determined based on:

1. Nature, scale and influence of the scientific or technological task.

2. Qualifications, capacity and contributions of the individuals.

3. Salary levels of equivalent positions in foreign organizations or enterprises with 100% foreign capital.”

4. To add the following Clause 3 to Article 8:

“Article 8. Information access policy

3. Domestic agencies and organizations shall completely and specifically disclose information under regulations and step up the dissemination of information on scientific and technological programs, projects and tasks in need of cooperation or participation by overseas Vietnamese and foreign experts (detailed information on cooperation tasks; requirements for overseas Vietnamese and foreign experts to participate in cooperation, their rights and obligations; commitment to facilitate the cooperation, and other necessary information).”

5. To amend Point e of, and add Point i to, Clause 2, Article 10 as follows:

“Article 10. Other policies

e/ While participating in performing scientific and technological tasks in Vietnam, to be partially allocated funds at most once a year for participation in international scientific conferences and seminars with contents associated with scientific and technological tasks currently performed in Vietnam; funds for organization of scientific and technological seminars relevant to their professional fields in Vietnam; and funds for announcement of research outcomes on eminent international scientific journals, registration of intellectual property rights protection for inventions and registration of protection for plant varieties being outcomes from  cooperation with Vietnamese science and technology agencies, units or organizations. Such funds shall be allocated from the National Foundation for Science and Technology Development or other lawful funding sources (if any);

i/ To participate in programs and schemes on promotion of cooperation and attraction of overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam.”

6.To add Point c to Clause 1, amend Clause 2, add Point c to Clause 3, and amend and supplement Clause 7, of Article 14 as follows:

“Article 14. Responsibilities of ministries, ministerial-level agencies and provincial-level People’s Committees

1. The Ministry of Science and Technology shall:

c/ Formulate, and organize the implementation of, bilateral and multilateral cooperation programs on science and technology in order to support and attract overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam and promote scientific and technological cooperation with domestic science and technology agencies, units and organizations.

2. Guide subjects, criteria and conditions for, and order and procedures for hiring, persons to hold leading titles in science and technology organizations, for overseas Vietnamese and foreign experts participating in scientific and technological activities in Vietnam.

3. The Ministry of Foreign Affairs shall:

c/ Assume the prime responsibility for, and coordinate with ministries, sectors and localities in, introducing and providing information on mechanisms and policies; and needs of cooperation between overseas Vietnamese as well as foreign experts and domestic science and technology agencies, units and organizations; and promote and connect cooperation and attraction activities.

7. Ministries, ministerial-level agencies and provincial-level People’s Committees shall:

a/ Direct agencies and units under their management to review and publicize plans on science and technology activities and scientific and technological tasks under regulations to create conditions for overseas Vietnamese and foreign experts to participate in the performance of these activities and tasks; provide information on science and technology organizations and establishments that have a need of and potential for cooperation to overseas Vietnamese and foreign experts, and disclose information in accordance with Clause 3, Article 8 of this Decree;

b/ Formulate, and organize the implementation of, international cooperation programs and projects on science and technology to create conditions for and attract overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam;

c/ Coordinate with related ministries and sectors to implement attraction policies prescribed in this Decree for the eligible subjects;

d/ Report on the employment and attraction of overseas Vietnamese and foreign experts to the Ministry of Science and Technology and Ministry of Foreign Affairs before November 20 every year, for the Ministry of Science and Technology’s summarization and reporting to the Prime Minister.”

Article 3. Effect

1. This Decree takes effect on April 15, 2020.

2. The exceptional recruitment of scientific and technological public employees without recruitment exams (now the consideration for admission of individuals as public employees); or the exceptional appointment of individuals to a higher rank without rank promotion examination and regardless of working seniority; or the consideration of application of preferential treatment policies for talented young scientists for which competent agencies have notified the organization of the consideration or received dossiers for consideration before the effective date of this Decree, must continue to comply with the Government’s Decree No. 40/2014/ND-CP of May 12, 2014, prescribing the employment and preferential treatment for scientists and technologists.

3. Overseas Vietnamese and foreign experts who have been notified or have their dossiers received by competent agencies for consideration of application of policies before the effective date of this Decree shall continue to comply with the Government’s Decree No. 87/2014/ND-CP of September 22, 2014, on attraction of scientists and technologists who are overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam.

Article 4.Implementation responsibility

1. The Ministry of Science and Technology shall assume the prime responsibility for guiding, inspecting and urging the implementation of this Decree.

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.