Circular 07/2023/TT-BKHCN hiring of overseas Vietnamese to hold leadership titles in public science organizations

CIRCULAR

Providing for the hiring of overseas Vietnamese and foreign experts engaged in science and technology activities in Vietnam to hold leadership titles in public science and technology organizations^[1]

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

Pursuant to the Government’s Decree No. 87/2014/ND-CP of September 22, 2014, providing for the attraction of individuals engaged in science and technology activities who are overseas Vietnamese and foreign experts to participate in science and technology activities in Vietnam (below referred to as Decree No. 87/2014/ND-CP);

Pursuant to the Government’s Decree No. 27/2020/ND-CP of March 1, 2020, amending and supplementing a number of articles of the Government’s Decree No. 40/2014/ND-CP of May 12, 2014, providing for the employment and appreciation of individuals engaged in science and technology activities, and the Government’s Decree No. 87/2014/ND-CP of September 22, 2014, providing for the attraction of individuals engaged in science and technology activities who are overseas Vietnamese and foreign experts to participate in science and technology activities in Vietnam (below referred to as Decree No. 27/2020/ND-CP);

Pursuant to the Government’s Decree No. 95/2017/ND-CP of August 16, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

At the proposal of the Director of the Department of Organization and Personnel and the Director of the Department of Legislation;

The Minister of Science and Technology promulgates the Circular providing for the hiring of overseas Vietnamese and foreign experts engaged in science and technology activities in Vietnam to hold leadership titles in public science and technology organizations.  

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for the subjects, criteria, conditions, competence and process for; and powers and responsibilities of related agencies, organizations and individuals in, hiring overseas Vietnamese and foreign experts engaged in science and technology activities in Vietnam to hold leadership titles in public science and technology organizations.

Article 2. Subjects of application

1. This Circular applies to:

a/ Individuals engaged in science and technology activities who are overseas Vietnamese and foreign experts participating in science and technology activities in Vietnam.

b/ State agencies and public science and technology organizations employing the subjects specified at Point a, Clause 1 of this Article and other related agencies, organizations and individuals.

2. This Circular does not apply to public science and technology organizations that conduct strategy and policy researches in service of the making of the Party’s line and guidelines; and public science and technology organizations operating in the field of national defense and security or performing scientific research and technological development tasks on the list of state secrets as prescribed by law.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Participating in science and technology activities means participating in the activities specified in Clause 3, Article 3 of the 2013 Law on Science and Technology;

2. Leadership title holders in a public science and technology organization include the head and deputy head(s) of the public science and technology organization; and heads and deputy heads of departments, divisions and other constituent units of the public science and technology organization;

3. Holding leadership titles in a public science and technology organization means the performance of tasks associated with the titles specified in Clause 2 of this Article;

4. Public science and technology organization means an organization defined in accordance with Clause 1, Article 3 of the Government’s Decree No. 08/2014/ND-CP of January 27, 2014, detailing and guiding the implementation of the Law on Science and Technology.

Chapter II

CONDITIONS AND CRITERIA FOR HIRING OVERSEAS VIETNAMESE AND FOREIGN EXPERTS ENGAGED IN SCIENCE AND TECHNOLOGY ACTIVITIES IN VIETNAM TO HOLD LEADERSHIP TITLES IN PUBLIC SCIENCE AND TECHNOLOGY ORGANIZATIONS

Article 4. Conditions for public science and technology organizations to hire overseas Vietnamese and foreign experts to hold leadership titles

1. A public science and technology organization may hire overseas Vietnamese and foreign experts to hold leadership titles when it:

a/ Is tasked to perform scientific and technological tasks in which Vietnamese residents have no experience or which require cooperation, exchange of experience, or transfer of advanced technologies from abroad;

b/ Operates in a specialized field or deploys research orientations in which Vietnamese residents have no leadership and management experience to meet the requirements.

2. Public science and technology organizations may only hire overseas Vietnamese and foreign experts to hold the leadership titles specified in Clause 2, Article 3 of this Circular.

The total number of leadership titles held by hired overseas Vietnamese and foreign experts must not exceed 30% of the total number of leadership titles of a public science and technology organization.

Article 5. Conditions and criteria for overseas Vietnamese and foreign experts hired to hold leadership titles in public science and technology organizations

1. Possessing professional qualifications and outcomes of scientific and technological activities as specified in Clause 1, Article 3 of Decree No. 87/2014/ND-CP, which was amended and supplemented under Clause 1, Article 2 of Decree No. 27/2020/ND-CP, and being physically fit for the jobs.

2. Not falling into the cases of being examined for penal liability or serving a penalty; or being banned from holding certain positions, practicing certain professions or doing certain jobs and having their criminal records not yet expunged in accordance with Vietnam’s law and the law of the country where they reside and work.

3. Not currently working for a political organization or socio-political organization abroad or in Vietnam that carries out activities of sabotaging the Vietnam Communist Party’s line and guidelines and the Vietnamese State’s policies and laws.

4. Being qualified for working in Vietnam in accordance with the labor law.

5. A person hired to hold the title of head or deputy head in a public science and technology organization must, in addition to the conditions and criteria specified in Clauses 1, 2 and 3 of this Article, have at least 3 years’ experience of holding the title of research team leader at foreign research institutes, universities, science and technology organizations, corporations or enterprises operating in the specialized field directly related to the area of operation of the public science and technology organization.

Chapter III

COMPETENCE AND PROCESS FOR HIRING OVERSEAS VIETNAMESE AND FOREIGN EXPERTS TO HOLD LEADERSHIP TITLES IN PUBLIC SCIENCE AND TECHNOLOGY ORGANIZATIONS; POWERS AND RESPONSIBILITIES OF RELATED ORGANIZATIONS AND INDIVIDUALS

Article 6. Competence to approve the policy of, and consider and decide on, hiring of overseas Vietnamese and foreign experts to hold leadership titles in public science and technology organizations

1. Competence to approve the policy on hiring personnel:

a/ For a public science and technology organization that pays its recurrent and investment expenditures by itself: The Management Council of the public science and technology organization shall be competent to approve the policy of hiring overseas Vietnamese and foreign experts to hold leadership titles in such organization;

b/ For a public science and technology organization that pays its recurrent expenditures by itself; a public science and technology organization that partially pays its recurrent expenditures by itself; or a public science and technology organization that has its recurrent expenditures paid by the State: The agency/unit that is competent to appoint the head and deputy heads of the public science and technology organization shall be competent to approve the policy of hiring overseas Vietnamese and foreign experts to hold leadership titles in such organization.

2. Competence to consider and decide on hiring personnel:

Agencies/units that are competent to appoint leaders of public science and technology organizations shall consider and decide to hire overseas Vietnamese and foreign experts to hold leadership titles in public science and technology organizations.

Article 7. Personal profile of a candidate considered to be hired to hold a leadership title in a public science and technology organization

1. Certified copies of the candidate’s diplomas and certificates or a letter of confirmation of a competent authority on the validity of the candidate’s diplomas and certificates; scientific profile; proofs of professional qualifications, outcomes of scientific and technological activities and experience as specified in Article 5 of this Circular; valid passport or valid passport substitute or international travel document as prescribed by law.

2. The criminal record certificate or a document issued by a foreign or Vietnamese authority certifying that the candidate is neither an offender nor examined for penal liability.

3. A commitment of the candidate that he/she does not work for a political organization or socio-political organization abroad or in Vietnam that carries out activities of sabotaging the Vietnam Communist Party’s line and guidelines and the Vietnamese State’s policies and laws, made according to Form No. 01 provided in the Appendix to this Circular.

4. Copies of the foreign-language documents ​​specified in Clauses 1 and 2 of this Article shall be translated, certified and consularly legalized.

Article 8. Process for considering and deciding on the hiring of overseas Vietnamese and foreign experts to hold leadership titles in public science and technology organizations

1. Making proposals for hiring personnel:

a/ A public science and technology organization that meets the conditions specified in Article 4 of this Circular shall, based on its demand and current human resource situation, make a letter of proposal to hire overseas Vietnamese and foreign experts to hold leadership titles in the organization and send it to the competent agency/unit specified in Clause 1, Article 6 of this Circular for consideration and approval of the policy of hiring personnel. The letter of proposal for hiring personnel must clearly state the position and assignment of tasks to persons expected to be hired to hold leadership titles;

b/ In case the position of head or deputy head of the public science and technology organization is vacant, the competent agency/unit specified in Clause 1, Article 6 of this Circular shall base on the demand and current human resource situation of the public science and technology organization to approve the policy of hiring overseas Vietnamese and foreign experts to hold leadership titles in the public science and technology organization.

2. Consideration and approval of the policy of hiring personnel to hold leadership titles in a public science and technology organization:

a/ The competent agency/unit specified in Clause 1, Article 6 of this Circular shall hold a meeting to consider the conditions on the public science and technology organization as specified in Article 4 of this Circular and the jobs to be performed by the hired personnel in order to approve the policy of hiring personnel to hold leadership titles in the public science and technology organization.

The meeting participants are specified as follows:

- For a public science and technology organization that pays its recurrent and investment expenditures by itself, the meeting participants are members of the Management Council of the public science and technology organization;

- For a public science and technology organization that pays its recurrent expenditures by itself; a public science and technology organization that partially pay its recurrent expenditures by itself; or a public science and technology organization that has its recurrent expenditures paid by the State, the meeting participants are leaders and the Party Committee’s members of the competent agency/unit specified at Point b, Clause 1, Article 6 of this Circular.

For a public science and technology organization established by the provincial-level People’s Committee, in addition to leaders and the Party Committee’ members of the competent agency/unit specified at Point b, Clause 1, Article 6 of this Circular, the meeting participants also include representatives of the provincial-level Departments of Science and Technology; Home Affairs; and Justice; the Office of the provincial-level People’s Committee; and the public science and technology organization.

The meeting results shall be recorded in a minutes signed by the participants;

b/ Based on the results of the meeting specified at Point a of this Clause, the competent agency/unit specified in Clause 1, Article 6 of this Circular shall notify the policy of hiring personnel to hold leadership titles to the public science and technology organization.

3. Introduction of candidates:

a/ Within 30 days after receiving the notice of approval of the policy of hiring personnel from a competent agency/unit, the public science and technology organization having the demand to hire overseas Vietnamese and foreign experts to hold leadership titles shall send a list of qualified candidates, enclosed with their personal profiles as specified in Article 7 of this Circular, to the competent public security agency for the latter to examine their personal identity in accordance with law;

b/ The agency proposing the list specified at Point a of this Clause shall ensure the publicity, transparency and compliance with law in the process of considering, selecting and summarizing the list of qualified candidates;

c/ After receiving the public security agency’s confirmation of personal identity of candidates, the public science and technology organization shall send the candidates’ profiles to the competent agency/unit specified in Clause 2, Article 6 of this Circular.

4. Approval of the hiring of personnel to hold leadership titles in a public science and technology organization:

a/ Within 10 days after receiving candidates’ profiles and confirmation of the public security agency on the candidates’ personal identity, the personnel-organization advisory division of the competent agency/unit specified in Clause 2, Article 6 of this Circular shall interview the candidates in an appropriate form (face-to-face or online) and evaluate each candidate’s degree of satisfaction of job requirements and working experience in association with his/her expected position.

The competent agency/unit specified in Clause 2, Article 6 of this Circular shall organize a meeting of leaders and the Management Council (if any) to consider the candidates’ degree of satisfaction of conditions, criteria and job requirements; discuss and cast secret ballots to decide on personnel to be hired to hold leadership titles; the candidate obtaining the highest percentage of votes which, however, must surpass 50% of the total number of votes for, shall be selected; in case there are 2 (two) candidates obtaining an equal vote of over 50%, the selection shall be made by the head of the competent agency/unit specified in Clause 2, Article 6 of this Circular. A member of the leadership who is also a member of the Management Council shall be allowed to cast only 1 (one) vote which is of the same validity as the vote of other members;

b/ Within 10 days from the date of holding a meeting to consider and decide on the hiring of personnel to hold leadership titles in the public science and technology organization, the competent agency/unit specified in Clause 2, Article 6 of this Circular shall notify in writing the approval or disapproval of the hiring of personnel to the public science and technology organization and the hired candidate.

5. Public science and technology organizations shall coordinate with persons hired to hold leadership titles who are of Vietnamese origin and do not have Vietnamese passports or foreign experts in carrying out procedures to request competent agencies to grant work permits in accordance with law.

6. Completion of documents and procedures before signing a contract on hiring of personnel to hold leadership titles in a public science and technology organization:

a/ The organization-personnel advisory division of the competent agency/unit specified in Clause 2, Article 6 of this Circular shall prepare a contract on hiring personnel; discuss and reach agreement with the hired person; and request the hired person to complete his/her dossier to sign the contract;

b/ The dossier of the person hired to hold a leadership title must comprise:

- The health certificate issued by a competent medical establishment for no more than 6 months, counted up to the time of dossier submission;

- The criminal record certificate or a document issued by a foreign or Vietnamese authority certifying that the to-be-hired person is neither an offender nor examined for penal liability; a foreign candidate who has resided in Vietnam shall submit a criminal record certificate issued by a Vietnamese authority.

- A commitment of the to-be-hired person that he/she does not work for a political organization or socio-political organization abroad or in Vietnam that carries out activities of sabotaging the Vietnam Communist Party’s line and guidelines and the Vietnamese State’s policies and laws.

c/ In case the selected candidate refuses to sign the employment contract, the competent agency/unit specified in Clause 2, Article 6 of this Circular shall notify the runner-up candidate qualified to be hired to hold the leadership title who obtained over 50% of votes of members of the leadership and Management Council (if any) for consideration and signing the contract. In case there is no qualified candidate but the public science and technology organization still has the demand to hire personnel to hold leadership titles, it shall re-proceed with the process specified in Clause 3 and beyond of this Article.

Article 9. Conclusion of contracts on hiring personnel to hold leadership titles in public science and technology organizations

1. Competence to sign contracts:

a/ The head of the competent agency/unit specified in Clause 2, Article 6 of this Circular shall sign a contract or authorize the deputy head or the head of the organization-personnel advisory division to sign the contract with the hired person;

b/ If a public science and technology organization falls into the case specified at Point b, Clause 1, Article 8 of this Circular, the head of the competent agency/unit specified in Clause 1, Article 6 of this Circular shall sign the contract with the hired person (or authorize the head of the organization-personnel advisory division of the public science and technology organization to sign the contract with the hired person).

2. Contract term:

a/ A person hired to hold the title of head of a public science and technology organization may sign a contract of a maximum term of 36 months. At least 90 days before the contract expires, the competent agency/unit shall evaluate the results of task performance for the person hired under the signed contract and previous agreements to consider and continue to sign a contract of a maximum term of 36 months with the hired person if the latter satisfies requirements;

b/ Results of task performance for the person hired to hold a leadership title under the signed contract shall be evaluated by the Evaluation Council specified in Article 10 of this Circular;

c/ The contract signed between the parties shall be made according to Form No. 02 provided in the Appendix to this Circular.

3. The contract shall be signed in Vietnamese and a foreign language (if requested by the hired person); the foreign-language contract shall be notarized at a competent agency/unit. In case of a dispute, the Vietnamese-language contract shall serve as a basis for resolving contract-related disputes.

Article 10. Evaluation Council

1. Competence to establish an evaluation council:

The agencies/units competent to consider and decide to hire personnel specified in Clause 2, Article 6 of this Circular shall establish an Evaluation Council for persons hired to hold leadership titles in public science and technology organizations.

In case the positions of head and deputy head of the agency/unit competent to decide to establish the Evaluation Council are still vacant, the agency/unit that is competent to appoint the head and deputy head shall decide to establish an Evaluation Council.

2. An Evaluation Council shall be composed of 7 or 9 members, of whom:

a/ The Chairperson of the Evaluation Council is the head or deputy head of the competent agency/unit specified in Clause 2, Article 6 of this Circular;

b/ The Deputy Chairperson of the Evaluation Council is the person in charge of personnel-organization affairs of the competent agency/unit specified in Clause 2, Article 6 of this Circular;

c/ A member-cum-secretary of the Evaluation Council is a civil servant or public employee of the personnel-organization advisory division of the competent agency/unit specified in Clause 2, Article 6 of this Circular;

d/ Other members, including a leader or the Chairperson of the Management Council (if any) of the public science and technology organization wishing to hire personnel to hold leadership titles and experts in the field associated with the expertise of the public science and technology organization;

dd/ A person who is the father, mother or sibling of the person subject to evaluation or of his/her spouse; person who is the spouse, natural or adopted child of the person subject to evaluation or person who is in the disciplinary period or is serving a disciplinary decision shall not be assigned to act as a member of the Evaluation Council.

3. Tasks of the Evaluation Council:

a/ To consider and evaluate the performance of tasks of the person hired to hold the leadership title in the public science and technology organization on the basis of the term of the signed contract on hiring personnel to hold the leadership title, and issue a letter of evaluation according to Form No. 03 provided in the Appendix to this Circular;

b/ To vote by secret ballot on the candidate’s degree of satisfaction of job requirements under the contract and compliance with regulations on the rights and responsibilities of overseas Vietnamese and foreign experts hired to hold leadership titles of public science and technology organizations so as to continue to hire the candidate to hold the leadership title and report on the results to the head of the competent agency/unit.

4. The Evaluation Council shall work on a collegial basis and make decisions by majority rule; in case of equal votes, the opinion for which the Council Chairperson has voted will be implemented.

5. The Evaluation Council shall work only when at least two-thirds of its members attend, including the Chairperson and Vice Chairperson of the Council, and dissolves itself after completing its tasks.

Article 11. Termination of contracts on hiring overseas Vietnamese and foreign experts to hold leadership titles in public science and technology organizations

1. A contract on hiring personnel to hold the leadership title shall terminate upon the expiration of the contract and either party or both parties does/do not wish to extend it.

2. The contract on hiring personnel to hold the leadership title shall terminate when the parties agree to terminate the contract.

3. A public science and technology organization may unilaterally terminate the contract on hiring personnel to hold the leadership title in one of the following cases:

a/ The person hired to hold a leadership title fails to accomplish tasks assigned under the contract and is evaluated as “failing to accomplish tasks” with over 50% of the total votes of the Council members;

b/ The person hired to hold a leadership title is sick or encounters an accident and has undergone medical treatment for 6 consecutive months but is still unable to accomplish the task assigned under the contract or falls into force majeure cases due to disasters or epidemics and other objective events such as war, merger, dissolution, or narrowing of the hirer’s functions and tasks in accordance with law;

c/ The hired person is dishonest in declaring documents and providing personal information to serve the consideration of conditions and criteria so as to be hired to hold a leadership title in a public science and technology organization or breaks the commitment of not working for political organizations or socio-political organizations abroad or in Vietnam that carry out activities of sabotaging the Vietnam Communist Party’s line and guidelines and the Vietnamese State’s policies and laws;

d/ The hired person violates Vietnam’s or foreign law to the extent that he/she is subject to examination of penal liability;

dd/ The hired person violates the Law on Science and Technology;

e/ The hired person is expelled in accordance with Vietnam’s law.

Article 12. Powers and responsibilities of related organizations and individuals

1. Powers and responsibilities of overseas Vietnamese and foreign experts hired to hold leadership titles in public science and technology organizations:

a/ To enjoy policies on attraction of Vietnamese individuals living abroad and foreign experts participating in science and technology activities in Vietnam and the benefits specified in the signed contracts;

b/ To comply with Vietnam’s law and commit not to working for political organizations or socio-political organizations abroad or in Vietnam that carry out activities of sabotaging the Vietnam Communist Party’s line and guidelines and the Vietnamese State’s policies and laws;

c/ To comply with the terms of the contracts on hiring personnel to hold leadership titles signed with the public science and technology organizations or competent agencies;

d/ To comply with the regulations of the public science and technology organizations where they hold the leadership titles and of the managing agencies of the public science and technology organizations.

2. Powers and responsibilities of public science and technology organizations employing overseas Vietnamese and foreign experts to hold leadership titles:

a/ To properly exercise the powers and perform the responsibilities specified in the contracts signed between the persons hired to hold the leadership titles and the public science and technology organizations or competent agencies;

b/ To create conditions for overseas Vietnamese and foreign experts hired to hold leadership titles to perform their obligations and exercise their powers under signed contracts;

c/ To assume the prime responsibility for, and coordinate with overseas Vietnamese and foreign experts hired to hold leadership titles in, completing  procedures for applying for work permits or extending work permits in accordance with law;

d/ To manage and employ overseas Vietnamese and foreign experts in accordance with law; to liquidate or terminate the contracts and resolve disputes, complaints, lawsuits, and compensation claims (if any) according to their competence or report and request competent authorities to liquidate or terminate the contracts and resolve disputes, complaints, lawsuits, and compensation claims (if any);

d/ Before November 20 every year, to form a Council to evaluate task performance results of persons hired to hold leadership titles in public science and technology organizations according to their competence.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 13. Responsibilities of line ministries

1. To direct public science and technology organizations to exercise the powers and perform the responsibilities specified in Article 12 of this Circular.

2. To direct their organization-personnel advisory units to request public science and technology organizations to report on results of hiring personnel to hold leadership titles; to consider and resolve recommendations, reports, inquiries, complaints and denunciations related to working results (if any) of the Evaluation Council specified in Article 10 of this Circular.

3. To inspect and examine the implementation of law in hiring and employment of overseas Vietnamese and foreign experts in public science and technology organizations.

4. Responsibilities of the Ministry of Science and Technology:

a/ To direct specialized agencies to build a database on hiring overseas Vietnamese and foreign experts to hold leadership titles in public science and technology organizations;

b/ To examine the implementation of law in hiring and employment of overseas Vietnamese and foreign experts in public science and technology organizations.

Article 14. Responsibilities of provincial-level People’s Committees

1. To direct provincial-level Departments of Science and Technology to coordinate with functional agencies under provincial-level People’s Committees to organize and guide the implementation of this Circular.

2. To direct provincial-level Departments of Science and Technology to coordinate with related agencies and units in inspecting and examining the implementation of law in hiring and employment of overseas Vietnamese and foreign experts to hold leadership titles in public science and technology organizations in the localities.

3. Annually, to send to the Ministry of Science and Technology reports on the situation of hiring of overseas Vietnamese and foreign experts to hold leadership titles in public science and technology organizations under their management.

Chapter V

IMPLEMENTATION PROVISIONS

Article 15. Effect

This Circular takes effect on July 10, 2023.

Article 16. Implementation responsibility 

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, public science and technology organizations that hire and employ overseas Vietnamese and foreign experts to hold leadership titles, and related organizations and individuals shall implement this Circular.

2. Agencies, organizations and individuals are requested to report any difficulties or problems arising in the course of implementation of this Circular in writing to the Ministry of Science and Technology for synthesis and handling or revision as appropriate.-

For the Minister of Science and Technology
Deputy Minister
TRAN VAN TUNG

* The Appendix to this Circular is not translated.