Circular 03: Duties and Powers of the Director of the Science and Technology Development Fund in Vietnam

This is a notable content in Circular 03/2015/TT-BKHCN Model Charter on the organization and operation of the Science and Technology Development Fund of Ministries, ministerial-level agencies, government-attached agencies, provinces, and centrally-run cities of the Government of Vietnam, which comes into effect in Vietnam from April 23, 2015.

Thông tư 03: Nhiệm vụ và quyền hạn của Giám đốc Quỹ phát triển KHCN, Thông tư 03/2015/TT-BKHCN

Circular 03: Duties and Powers of the Director of the Science and Technology Development Fund in Vietnam (Internet image)

Accordingly, the Model Charter issued together with Circular 03/2015/TT-BKHCN stipulates that the Director of the Fund is the legal representative of the Fund in its activities; the legal representative of the Fund before the law in litigation and disputes related to the activities of the Fund, responsible to the Fund Management Council, the Minister (or Chairperson of the Provincial People's Committee), and before the law for the management of the Fund’s activities according to stipulated duties and authorities. The Director of the Fund is appointed or dismissed by the Minister (or Chairperson of the Provincial People's Committee) based on the recommendation of the Fund Management Council, with a 5-year term.

The Director of the Fund has the following duties and authorities in Vietnam:

- Organize the implementation of tasks assigned by the Ministry (or province) to the Fund;

- Organize, manage, and administer the operations of the Fund's Executive Agency; handle matters related to the Fund's activities according to the Charter, Resolutions of the Fund Management Council, and legal regulations;

- Take charge of drafting regulations on activities in each period and other related documents for the Fund Management Council to review, including regulations on the Fund's professional activities and other documents as prescribed;

- Prepare content, documents, and organize the meetings of the Fund Management Council and the Science and Technology Council. Participate in the sessions of the Fund Management Council, providing opinions on matters being discussed by the Council but not having the right to vote;

- Submit decisions on funding, loans, support, and loan guarantees as prescribed in this Charter for the Fund Management Council to decide;

- Appoint and dismiss heads, deputies of professional departments, and other positions under the Director’s authority;

- Manage the personnel, assets, and capital of the Fund;- Be responsible to the Fund Management Council and competent state agencies for fulfilling assigned management duties according to legal regulations;

- Report to the Fund Management Council and competent state agencies as prescribed by this Charter and other regulations related to the Fund's activities;

- Submit to the Fund Management Council: Approval of the Fund's annual operation plans; Proposals for the appointment and dismissal of the Deputy Director and Chief Accountant.

- Other duties and authorities prescribed in this Charter.

In addition, the Model Charter issued along with this Circular also stipulates that the Fund’s Deputy Director and Chief Accountant assist the Director in managing certain fields and tasks as assigned by the Director and are accountable to the Director and the law for their assigned tasks.

The operating expenses of the Fund’s Executive Agency are included in the Fund's management operation costs.

More details can be found in Circular 03/2015/TT-BKHCN which comes into effect in Vietnam from April 23, 2015.

Ty Na

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