04:08 | 06/01/2023

Can higher education institutions establish science and technology enterprises? What are research groups and strong research groups in higher education institutions in Vietnam?

May I ask if a higher education institution in Vietnam can establish a science and technology enterprise? Question of Mr. Tien (Gia Lai)

Can higher education institutions in Vietnam establish science and technology enterprises?

Article 6 of Decree No. 109/2022/ND-CP stipulates science and technology enterprises in higher education institutions as follows:

Science and technology enterprises in higher education institutions
1. A higher education institution may establish an enterprise in accordance with the law on enterprises, in accordance with the development orientation of the higher education institution. An enterprise in higher education institution that satisfies the prescribed eligibility requirements may apply for the certification of science and technology enterprise.
2. Public higher education institutions may contribute capital in form of intellectual property that is the result of a scientific and technological task originating from the state budget and used by a competent authority for joint venture purposes, if it meets the conditions prescribed by the law on science and technology, the law on management and use of public property, the law on intellectual property, the law on enterprises and the relevant laws.
3. The public higher education institution is assigned the right to use the intellectual property that is the result of a scientific and technological task originating from the state budget in the form of an increase in assets, the private higher education institution is assigned the right to own such intellectual property and must return the value of the property as a result of the property in accordance with the law on intellectual property and the law on management and use of public property. The commercialization and registration of certification of science and technology enterprises shall comply with the provisions of law.
4. The above provisions do not apply to cases where scientific and technological results are classified as state secrets.

Thus, according to the above provisions, higher education institution may establish an enterprise in accordance with the law on enterprises, in accordance with the development orientation of the higher education institution and may apply for the certification of science and technology enterprise if the requirements are met.

Can higher education institutions establish science and technology enterprises? What are research groups and strong research groups in higher education institutions in Vietnam?

Can higher education institutions establish science and technology enterprises? (Image from the Internet)

What are research groups and strong research groups in higher education institutions in Vietnam?

In Article 7 of Decree No. 109/2022/ND-CP, there are regulations on research groups and strong research groups in higher education institutions as follows:

Research groups and strong research groups in higher education institutions
1. Higher education institutions shall, based on their needs, potentials and development strategies to build different types of research groups and strong research groups.
2. Higher education institutions shall develop and implement policies to support and give incentives to strong research groups and research groups from the resources of the higher education institutions and from other lawful resources.
3. Higher education institutions recognize different types of research groups according to their needs. Strong research groups in higher education institutions shall be recognized by the lead organization according to the provisions of Articles 8, Article 9 of this Decree.
4. The organization leading the strong research group is a higher education institution with a permanent staff member as the head of the research group.

Thus, strong research groups and research groups in higher education institutions are groups built by higher education institutions based on needs, potentials and development strategies. These groups must meet the prescribed conditions.

Conditions for establishment and criteria for recognition of strong research groups in higher education institutions in Vietnam?

According to Article 8 of Decree No. 109/2022/ND-CP, strong research groups in higher education institutions are established and recognized under the following conditions and criteria:

- Human resources to join a strong research group in a higher education institution include:

+ Prestigious domestic and foreign scientists of the same research orientations of the strong research group who participate in the form of collaborators or other suitable forms of cooperation;

+ Lecturers, researchers and students with the same research orientations from higher education institutions, research institutes and related organizations and individuals.

- Strong research groups in a higher education institution are formed and developed on the basis of existing and active research groups, which have been selected, recognized and supported by the higher education institution as to support mechanisms and resources for development.

- A strong research group in a higher education institution consists of a team leader, 5 key members or more, and an unlimited number of members. Members of a strong research group must meet the criteria specified in Article 9 of this Decree and not commit one of the prohibited acts under the law on science and technology, and not be in the period of disciplinary action in the form of reprimand or higher or criminal judgment enforcement.

- A higher education institution being the organization leading a strong research group must have facilities and laboratories suitable to the main research orientations of the strong research group; have research cooperation activities with foreign organizations and individuals; have successfully cooperated with enterprises or higher education institutions, other research institutes in scientific research and technology transfer.

- A strong research group in a higher education institution must have a stable development plan with qualified and age-appropriate human resources; have a plan to increase the quantity and quality of scientific and technological products in a period of 5 years; the activities of the strong research group need to be linked with the activities of the departments and laboratories at the organization leading the strong research group and cooperate closely with domestic and foreign organizations and enterprises.

- Strong research groups in higher education institutions can access advanced, modern, breakthrough and interdisciplinary research orientations; have research orientation explanation and development plan for 5 years; and have products of the research tasks in the first 5 years that meet the following criteria:

+ Stable publication and average annual publication of at least 10 articles in scientific journals in the Web of Science (WoS) database for natural sciences and engineering, at least 10 articles in scientific journals in the WoS and Scopus database for the humanities and social sciences; there is an increase in the quality of articles through being published in international journals with high impact and citation indexes;

+ Publish at least 01 monograph or 02 books and textbooks;

+ Training 05 doctorates in the 5-year period of performing the tasks;

+ Granted on average each year at least 01 invention patent or 02 utility solution patents or 02 plant variety patents with widespread social influence;

+ Transferring at least 05 production technologies or commercializing at least 05 scientific and technological products into practice for the community or having 01 national science and technology product recognized in the 5-year period of performing the tasks.

Decree No. 109/2022/ND-CP takes effect from March 1, 2023.

Nguyễn Thị Hồng Nhung

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