Decree No. 87/2014/ND-CP dated September 22, 2014 of the Government on attraction of scientists and technologists who are overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam

DECREE

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 December 25, 2001 Law on Organization of the Government;

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

At the proposal of the Minister of Foreign Affairs,

The Government promulgates the Decree on attraction of scientists and technologists who are overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree provides attracting policies, competence to decide on, and process of approval of, the employment of scientists and technologists who are overseas Vietnamese and foreign expertsparticipating in scientific and technological activities in Vietnam, and implementation responsibilities of related agencies, organizations and individuals.

Article 2.Subjects of application

1. Overseas Vietnamese scientists and technologists who participate in scientific and technological activities in Vietnam (below referred to as overseas Vietnamese).

2. Foreign scientists and technologists who participate in scientific and technological activities in Vietnam (below referred to as foreign experts).

3. Agencies and organizations that employ persons defined in Clauses 1 and 2 of this Article and other related agencies, organizations and individuals.

Article 3.Conditions for enjoyment of attracting policies

1. Overseas Vietnamese and foreign experts who participate in scientific and technological activities in Vietnam are entitled to the policies specified in this Decree if satisfying one of the following conditions:

a/ Having inventions or plant varieties registered for intellectual property rights and suitable to scientific and technological tasks to be performed in Vietnam;

b/ Having outstanding scientific and technological research works that are suitable to scientific and technological tasks to be performed in Vietnam;

c/ Holding doctorates and having been teaching or conducting scientific research or technology transfer at foreign prestigious research institutions in professional fields suitable to scientific and technological tasks to be performed in Vietnam;

d/ Holding doctorates and having worked for over 3 years as scientific researchers in international cooperation programs or projects on science and technology or in research sections of foreign prestigious enterprises.

2. Based on the scientific and technological development demand and the request of employing agencies, the Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with ministries and agencies in, proposing the Prime Minister to consider and decide the employment of persons who fail to meet the conditions prescribed in Clause 1 of this Article.

Chapter II

ATTRACTING POLICIES

Article 4.Entry, exit and residence policies

1. Overseas Vietnamese and foreign experts who are subject to this Decree and their family members (including parents, spouses and under-18 blood or adopted children) shall be granted multiple-entry visas or temporary residence cards with the maximum term in accordance with the law on entry, exit and residence of foreigners in Vietnam.

2. Overseas Vietnamese and foreign experts who hold medals or honorable titles given by the Vietnamese State or are temporarily residing in Vietnam shall be considered for grant of permanent residence cards in accordance with the law on entry, exit and residence of foreigners in Vietnam.

Article 5.Employment, labor and study policies

1. While working in Vietnam, an overseas Vietnamese may be appointed or hired to hold a leading post of a science and technology organization; assigned to assume the prime responsibility for performing a scientific or technological task at any level; or considered for recognition or appointment to a scientific research or technological title as prescribed in the Law on Science and Technology.

2. While working in Vietnam, a foreign expert may be hired to hold a leading post of a science and technology organization and assigned to assume the prime responsibility for performing a scientific or technological task.

3. Overseas Vietnamese and foreign experts are provided with conditions for obtaining work permits according to simplified procedures.

4. Family members of overseas Vietnamese and foreign experts (including parents, spouses and under-18 blood and adopted children) are provided with conditions for, and assisted in, carrying out procedures for seeking jobs, being enrolled to study at educational and training institutions in Vietnam.

Article 6.Salary policy

Overseas Vietnamese and foreign experts who perform scientific and technological tasks in Vietnam enjoy salaries under agreements. An agreed salary level is determined based on:

1. Priority of the scientific or technological task.

2. Nature, scale and importance of the scientific or technological activity.

3. Qualifications, capability and effectiveness of personal contribution.

Article 7.Housing policy

Overseas Vietnamese and foreign experts shall be provided by their employers with housing conditions or supports for hiring accommodations while participating in scientific and technological activities in Vietnam.

Article 8.Information access policy

1. Before participating in scientific and technological tasks in Vietnam, overseas Vietnamese and foreign experts shall be provided with information and consultancy on science and technology orientations and fields prioritized for development in Vietnam and scientific and technological organizations having cooperation demands and potentials.

2. In the course of performing scientific and technological tasks in Vietnam, overseas Vietnamese and foreign experts shall be provided by their employers with necessary information related to their professional activities.

Article 9.Commendation and honor policies

Overseas Vietnamese and foreign experts with great contributions to the cause of science and technology development in Vietnam shall be considered to be conferred honorable scientific titles and commemorative medals for the science and technology cause or to be honored or commended in accordance with law.

Article 10.Other policies

In addition to the policies provided in Articles 4, 5, 6, 7, 8 and 9 of this Decree, overseas Vietnamese and foreign experts may enjoy the following rights and policies:

1. Overseas Vietnamese may enjoy the rights provided in Article 20 of the Law on Science and Technology.

2. Overseas Vietnamese and foreign experts may enjoy the following policies:

a/ To enjoy maximum tax incentives in accordance with law;

b/ To transfer their lawful incomes abroad in accordance with the law on foreign exchange management and relevant Vietnamese regulations. In case of having lawful incomes in Vietnam dong, they may buy foreign currencies for transfer abroad;

c/ To be provided by their employers with favorable conditions of working offices, equipment and supplies, laboratories, experimental facilities and other necessary conditions to perform scientific and technological tasks in Vietnam;

d/ To use national key laboratories and other key laboratories free of charge to perform state budget-funded national-level scientific and technological tasks;

dd/ To get access to documents, books, newspapers, magazines and internet services for their professional activities;

e/ To receive funding supports for organization of scientific and technological workshops relevant to their professional fields in Vietnam;

g/ To be provided with vehicles if they perform national-level scientific and technological tasks of special importance;

h/ To enjoy other law-prescribed incentives under agreements with their employers.

Chapter III

COMPETENCE TO DECIDE ON, AND PROCESS OF
APPROVAL OF, THE EMPLOYMENT OF OVERSEAS VIETNAMESE
AND FOREIGN EXPERTS

Article 11.Competence to decide on the employment of overseas Vietnamese and foreign experts

1. Ministries, ministerial-level agencies, government-attached agencies, People’s Committees of provinces and centrally-run cities (below collectively referred to as provincial-level People’s Committees) and national universities shall decide on the employment of overseas Vietnamese and foreign experts in their attached public agencies and organizations.

2. Non-public agencies and organizations shall decide on the employment of overseas Vietnamese and foreign experts by themselves.

Article 12.Process of approval of the employment of overseas Vietnamese and foreign experts

1. Public agencies and organizations shall propose the employment of overseas Vietnamese and foreign experts that participate in scientific and technological activities in specific programs and projects and submit their proposals to their management agencies specified in Clause 1, Article 11 of this Decree. Contents of a proposal comprise documents proving the satisfaction of the conditions prescribed in Clause 1, Article 3 of this Decree.

Within 15 working days after receiving a proposal, a management agency shall notify in writing its approval or disapproval. In case of disapproval, it shall clearly state the reason. In case opinions of the Ministry of Science and Technology and related ministries and agencies are required, the time limit for the management agency to reply is 30 working days.

2. Non-public agencies and organizations that wish to propose the application of the State’s preferential policies provided in this Decree for overseas Vietnamese and foreign experts that they employ shall obtain certification of the satisfaction of the conditions provided in Clause 1, Article 3 of this Decree by the provincial-level People’s Committees of localities where they are headquartered.

Within 15 working days after receiving a proposal, a provincial-level People’s Committee shall notify in writing its approval or disapproval of the certification. In case of disapproval, it shall clearly state the reason. In case opinions of the Ministry of Science and Technology and related ministries and agencies are required, the time limit for provincial-level People’s Committees to reply is 30 working days.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 13.Funding sources

Funds for implementing the policies on attraction of overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam specified in this Decree:

1. For public agencies and organizations: State budget funds under the current decentralization mechanism and other lawful financial sources in accordance with law shall be used.

2. For non-public agencies and organizations: Their financial sources in accordance with the law shall be used.

Article 14.Responsibilities of ministries, agencies and localities

1. The Ministry of Science and Technology shall:

a/ Assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs and related ministries and sectors in, determining prioritized and key scientific and technological fields in each period that need to attract overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam; provide information and consultancy on scientific and technological orientations and fields prioritized for development in Vietnam, science and technology organizations and establishments having demands and potentials for cooperation with overseas Vietnamese and foreign experts;

b/ Assume the prime responsibility for the honoring, commendation and rewarding of overseas Vietnamese and foreign experts participating in scientific and technological activities in Vietnam.

2. The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, guiding the process and procedures for appointment and hiring of persons to hold leading posts of public science and technology organizations, and for the appointment to scientific research and technological titles of overseas Vietnamese and foreign experts participating in scientific and technological activities in Vietnam.

3. The Ministry of Foreign Affairs shall:

a/ Direct overseas representative missions of the Socialist Republic of Vietnam in propagandizing and mobilizing overseas Vietnamese and foreign experts to participate in scientific and technological activities in Vietnam;

b/ Study and provide domestic ministries, sectors and agencies with international experience in attracting experts and intellectuals working in the scientific and technological field.

4. The Ministry of Finance and the Ministry of Planning and Investment shall balance and allocate state budget funds for performance of the tasks specified in this Decree.

5. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs in, conducting entry and exit and temporary and permanent residence procedures for overseas Vietnamese and foreign experts participating in scientific and technological activities in Vietnam.

6. The Ministry of Labor, War Invalids and Social Affairs shall grant work permits according to simplified order and procedures for overseas Vietnamese and foreign experts participating in scientific and technological activities in Vietnam.

7. Before November 20 every year, ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees and national universities shall send their reports on the employment of overseas Vietnamese and foreign experts to the Ministry of Foreign Affairs and the Ministry of Science and Technology; the Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, summarizing such reports before reporting to the Prime Minister.

Chapter V

IMPLEMENTATION PROVISIONS

Article 15.Effect

This Decree takes effect on November 10, 2014.

Article 16.Implementation responsibility

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

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG