Circular No. 02/2012/TT-BKHCN guiding the management of the National Program for High-Tech Development until 2020 applies to organizations, individuals, and enterprises participating in its implementation. It stipulates criteria for projects, tasks, responsibilities of related parties, and procedures for managing and using funds.
적용 범위
Organizations, individuals, and enterprises participating in the implementation of the National Program for High-Tech Development until 2020; Ministry of Science and Technology, ministries in charge of program components, Steering Committee of the Program.
핵심 사항
- Organizations, individuals, and enterprises implementing high-tech projects must meet criteria regarding technology, products, labor, and finance (Articles 6-8).
- The Ministry of Science and Technology is responsible for overall management of the Program, coordinating with ministries in charge of program components to build and approve the List of Tasks (Articles 15-17).
- The organization in charge of implementing a task must sign a contract with the Ministry of Science and Technology or the ministry in charge of the program component, and be responsible for effective deployment and use of funds (Article 18).
- The Ministry of Science and Technology and ministries in charge of program components organize inspections and evaluations of the progress and use of funds for tasks (Article 20).
- Upon completion of a task, the organization in charge must settle the contract, manage, and exploit the results of the task according to legal regulations (Articles 24-25).
🌐 이 문서의 사회적 영향
- To create a legal basis for the development of high technology, promoting research and application of new technologies in production and daily life.
- To help organizations and individuals participating in high-tech projects have specific guidance on criteria, procedures, and responsibilities.
- Depending on state financial resources, it may create pressure on budget costs.
- It is necessary to enhance the management and organizational capacity of related parties to ensure the effectiveness of the Program.
❓ 자주 묻는 질문
Which organization is responsible for overall management of the Program?
The Ministry of Science and Technology is responsible for overall management of the Program, coordinating with ministries in charge of program components to build and approve the List of Tasks (Articles 15-17).
Which organization can propose adjustments to the content, duration, or location of task implementation?
The organization in charge may submit written proposals to the Ministry of Science and Technology or the ministry in charge of the program component to request adjustments to the content, duration, or location of task implementation (Article 19).
Which organization is responsible for inspecting and evaluating the progress and use of funds for tasks?
The Ministry of Science and Technology, in coordination with relevant ministries, sectors, and localities, conducts periodic inspections and evaluations every six months or at irregular intervals regarding the progress, implementation status, and use of funds for tasks under the Program (Article 20).
What must the organization in charge do upon completion of a task?
The organization in charge must settle the contract, manage, and exploit the results of the task according to legal regulations (Articles 24-25).
From which source is the funding for the Program balanced?
Funding for the Program is balanced within the annual budget for science and technology expenditures, allocated to the Ministry of Science and Technology to distribute to the organizations in charge (Article 26).
전문
CIRCULAR
Guidelines for managing the National Program
Approve the Program on developing high-tech agriculture under the National Program on Developing High Technology until 2020 (hereinafter referred to as the Program) with the main contents as follows:
_____________________________
Pursuant to the High Technology Law dated November 13, 2008;
Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;
Pursuant to Decision No. 2457/QĐ-TTg dated December 31, 2010 of the Prime Minister approving the National Program on High-Tech Development until 2020;
The Minister of Science and Technology guides the management of the National Program on High-Tech Development until 2020 as follows:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
1. This Circular provides guidelines for managing the National Program on High-Tech Development until 2020 (hereinafter referred to as the Program), which was approved by Decision No. 2457/QĐ-TTg dated December 31, 2010 of the Prime Minister.
2. This Circular applies to organizations, individuals, and enterprises implementing and participating in the Program.
Article 2. Interpretation of Terms
In this Circular, the following terms are understood as follows:
1. The Office coordinating national science and technology programs is the permanent agency assisting the Steering Committee for the National Program on High-Tech Development until 2020 (hereinafter referred to as the Steering Committee), established and regulated by the Minister of Science and Technology.
2. Component Programs: Research, training, and construction of high-tech infrastructure program; Program for developing certain high-tech industries; Program for developing high-tech applied agriculture.
3. The leading ministry organizes the construction and implementation of component programs (hereinafter referred to as the leading ministry of the component program): The Ministry of Science and Technology leads the research, training, and construction of high-tech infrastructure program; The Ministry of Industry and Trade leads the program for developing certain high-tech industries; The Ministry of Agriculture and Rural Development leads the program for developing high-tech applied agriculture.
4. The Steering Committee of the component program is established by the Minister of the leading ministry of the component program and is responsible for managing the activities of the component program. The Steering Committee of the component program has a support staff and is guaranteed conditions regarding funding, working equipment, and other regulations currently in effect.
5. The organization leading the tasks of the Program is an organization, individual, or enterprise implementing the construction and implementation of the Program's tasks (hereinafter referred to as the leading organization).
Article 3. Tasks of the Program
1. Tasks of the Program include: high-tech projects, high-tech programs, common tasks of the Program.
2. A high-tech project (hereinafter referred to as the project) is a collection of topics, projects, and tasks aimed at implementing the contents determined in the Program.
3. A high-tech project (hereinafter referred to as the project) includes:
a) A high-tech development project is a project with research activities to master and develop high-tech including: research topics adapting, mastering imported technology, transferred technology, improving technology, decoding technology, exploiting inventions, creating new technology; incubation projects for high-tech, incubation projects for high-tech enterprises, experimental implementation, trial production; scientific and technological support tasks. Scientific and technological support tasks are activities serving scientific research and technological development; activities related to intellectual property rights, technology transfer; information, consulting, training, upgrading, popularizing, applying scientific and technological knowledge and practical experience.
b) A high-tech application project is a project with experimental implementation, trial production, and investment in producing products based on research results or transferred technology.
c) A high-tech product manufacturing and service supply project is a project with activities to incubate high-tech enterprises, trial production, investment in producing high-tech products, and supplying high-tech services, trial business.
d) A high-tech infrastructure construction and development project includes: projects for constructing and developing high-tech research facilities; projects for constructing and developing high-tech incubation facilities, incubation projects for high-tech enterprises; projects for constructing and developing high-tech laboratories; projects for constructing and developing facilities supporting high-tech product development; projects for establishing technology transfer centers; projects for constructing and upgrading specialized journals; projects for building information systems on high-tech applications, production, and service supply.
d) A high-tech human resource development project includes: projects to form strong scientific research teams in high-tech fields; projects to upgrade and enhance the leadership skills of key leaders in high-tech product manufacturing projects; projects to upgrade and enhance the professional expertise of researchers in high-tech product manufacturing projects; projects to support students conducting research and internships at organizations operating in high-tech fields; projects to support Vietnamese students and research fellows studying and researching abroad to participate in cooperative implementation of Program tasks; projects to mobilize volunteer foreign experts and foreign Vietnamese experts to participate in high-tech activities at Vietnamese high-tech facilities; projects to develop high-tech human resource training bases reaching international standards.
4. Common tasks of the Program are tasks aimed at implementing solutions outlined in Clause III, Article 1 and the tasks of ministries, sectors, and localities mentioned in Point 4, Clause IV, Article 1 of Decision No. 2457/QĐ-TTg dated December 31, 2010 of the Prime Minister.
Article 4. General Principles for Selecting Proposals and Projects
1. High-tech technology and high-tech products created from proposals and projects must meet the following conditions:
a) Belong to the Priority Investment and Development High-Tech Technology List and the Encouraged High-Tech Product Development List;
b) Have novelty, creativity, and the ability to register intellectual property protection to contribute to enhancing Vietnam's high-tech level and potential;
c) Have economic and technical indicators reaching advanced standards in the region and globally; be tested at reputable domestic, regional, and international testing facilities; comply with environmental technical standards and regulations.
2. The objectives of proposals and projects must be clear, quantifiable, and have significant impacts on promoting economic and social development in industries, sectors, the country, and regions. The market and value of the technology and products generated from proposals and projects must be sufficiently large.
3. Proposals and projects must have feasibility studies reports and activity plans, in which the leading organization of the proposal and project must have the capacity or mobilize external resources to ensure financial, management, technological, intellectual property, legal, and other important factors for the successful implementation of the proposal and project.
4. Organizations leading high-tech application projects, production projects, and high-tech service supply projects must commit to investing their own capital for research and development activities in Vietnam, achieving at least 1% of the annual total revenue of the project, and the number of employees with bachelor's degrees or higher directly participating in research and development activities for the project in Vietnam must reach at least 5% of the total number of employees of the project. For organizations leading high-tech application projects, production projects, and high-tech service supply projects that are enterprises, they must establish and utilize investment funds for the project from the enterprise's science and technology development fund.
5. Proposals and projects creating high-tech technologies and products with a high degree of innovation based on mastering source technology, having commercialization and consumption potential on a large scale in the market, belonging to certain key technology fields, or main technologies and products of industries, sectors, and localities are encouraged.
Article 5. Program Task Codes
1. Program Code: CNC;
2. Proposal Code for High-Tech Technology: CNC.XX.DA/YY;
3. Project Code for High-Tech Technology Development: CNC.XX.DAPT/YY;
4. Project Code for High-Tech Technology Application: CNC.XX.DAUD/YY;
5. Project Code for High-Tech Product Production and Service Supply: CNC.XX.DASX/YY;
6. Project Code for High-Tech Infrastructure Construction and Development: CNC.XX.DAHT/YY;
7. Project Code for High-Tech Human Resource Development: CNC.XX.DANL/YY;
8. Program Common Task Code: CNC.XX.NVC/YY.
Where:
- XX is the serial number of the Program's task;
- DA is the code for high-tech technology proposals;
- DAPT is the code for high-tech technology development projects;
- DAUD is the code for high-tech technology application projects;
- DASX is the code for high-tech product production and service supply projects;
- DAHT is the code for high-tech infrastructure construction and development projects;
- DANL is the code for high-tech human resource development projects;
- NVC is the code for program common tasks;
- YY is the year the Program's task begins.
Chapter II
CRITERIA FOR PROJECTS UNDER THE PROGRAM
Article 6. Criteria for high technology development projects
High technology development projects must meet the following conditions:
1. The technology in high technology development projects must belong to the Priority List of High Technologies for Investment and Development and must be one of the following cases: technology researched and applied to create highly competitive products; technology researched to replace imported technology from abroad; technology researched to innovate new high technologies.
2. The results of high technology development projects must meet one of the following conditions: ensuring the creation of high technology at advanced levels in the region; producing high technology products and services at international standards, which are decisive for creating key products in economic sectors; creating public high technology services, forming science and technology enterprises based on research results; forming strong scientific research teams; cooperating with foreign organizations and individuals to research and solve practical issues with significant impacts on socio-economic development.
3. The number of staff directly participating in research and development must reach at least 70% of the total number of staff in high technology development projects, of which staff holding bachelor's degrees or higher must account for at least 70%.
4. As of the time of registering to participate in implementing the project, the leading organization of the high technology development project must have sufficient research capacity related to the project, demonstrated through: the number of articles published in domestic and international specialized journals (number of articles in the ISI group (Institute for Scientific Information)); the number of topics and projects in relevant fields at the ministry level or above that have been accepted; the number of patents and useful solutions that have been granted or accepted; the number of core technologies in specialized fields that have been mastered; the number of technologies and products transferred or put into production.
Article 7. Criteria for high technology application projects
High technology application projects must meet the following conditions:
1. The technology used in high technology application projects must be new generation technology and belong to the Priority List of High Technologies for Investment and Development.
2. Must be one of the following cases: using research results on high technology to innovate technology, increase the added value of products; trial production of products; mastering and adapting high technology imported from abroad to actual conditions in Vietnam.
3. The number of workers holding bachelor's degrees or higher directly participating in research and development must reach at least 5% of the total number of workers in high technology application projects.
4. The leading organization of the high technology application project must commit to investing an average of 3 consecutive years using its own capital for research and development activities in Vietnam, reaching at least 1% of the annual revenue of the project, and from the fourth year onwards, it must reach more than 1% of the project's total revenue. The content of research and development expenses includes:
a) Salaries, wages, allowances for researchers and research support staff; remuneration for experts reviewing, criticizing, and evaluating research results; wages for other laborers participating in and supporting research; expenses for scientific conferences and seminars related to the project's research content; expenses for training and professional development for researchers;
b) Purchase and transportation of raw materials, materials, chemicals, fuels, energy for research purposes;
c) Purchase of prototype products, documents, monitoring data, survey data, electronic information, office supplies, protective equipment, inexpensive consumables for research purposes;
d) Renting facilities and equipment for research, testing, and trials.
5. The technological process of high technology application projects must reach advanced levels and be controlled by programs. Major equipment in the technological process must be updated with new technologies in the project's field of operation within five years from the date of investment;
6. The quality management system of high technology application projects must meet national and international standards according to each specialty such as TCVN ISO 9001:2008, CMM, GMP or equivalent standards.
7. Must comply with technical standards and regulations on the environment in the field of activity of high technology application projects as prescribed by Vietnamese law. Encouraging high technology application projects to achieve international environmental standards such as ISO 14000 or equivalent standards.
8. Encouraging and prioritizing high technology application projects that use raw materials, fuels, materials, components, and spare parts produced domestically.
Article 8. Criteria for high-tech product manufacturing projects and high-tech service supply projects
High-tech product manufacturing projects and high-tech service supply projects must meet the following conditions:
1. The production of high-tech products and the supply of high-tech services must be included in the List of Encouraged High-Tech Products.
2. The products produced from high-tech product manufacturing projects and high-tech service supply projects must be of superior quality, advanced features, high added value, environmentally friendly, and capable of replacing imported products.
3. The number of employees with bachelor's degrees or higher directly participating in research and development activities must account for at least 5% of the total number of employees in the high-tech product manufacturing project and high-tech service supply project.
4. The organization primarily responsible for the high-tech product manufacturing project and high-tech service supply project must commit to investing an average of at least 1% of the annual revenue of the project in research and development activities in Vietnam over the next three years using its own capital, and thereafter, the investment must exceed 1% of the project’s annual revenue.
5. The technological production lines of high-tech product manufacturing projects and high-tech service supply projects must be state-of-the-art and controlled by programs. Major equipment in the technological production lines must be updated with new technologies within five years of the initial investment date in the field of operation of the project.
6. The quality management system of high-tech product manufacturing projects and high-tech service supply projects must meet national standards and international standards specific to each industry, such as TCVN ISO 9001:2008, CMM, GMP, or equivalent standards.
7. Projects must comply with technical standards and regulations on the environment in their fields of operation according to Vietnamese laws. It is encouraged that high-tech product manufacturing projects and high-tech service supply projects achieve international environmental standards like ISO 14000 or equivalent standards.
8. Priority is given to high-tech product manufacturing projects and high-tech service supply projects that utilize domestic raw materials, fuels, materials, components, and spare parts.
Article 9. Criteria for high-tech technical infrastructure construction and development projects
1. High-tech technical infrastructure construction and development projects must have a feasible research proposal, clear operational plans, maintenance and development schedules; they must comply with Vietnamese technical standards and international environmental standards in their fields of operation.
2. High-tech research facility construction and development projects must meet the following conditions:
a) The high-tech research facility must conduct high-tech research and development activities consistent with the development orientation and priorities of the high-tech zone, high-tech agricultural application zone, and concentrated information technology zone; it must have the ability to create new technologies, new production capabilities, new industries, new products, or replace imported technologies and products.
b) The research results of the high-tech research facility must have commercialization potential, large market prospects, and be transferable to industrial-scale production.
c) The number of staff with bachelor's degrees or higher directly involved in research and development activities at the high-tech research facility must account for at least 70% of the total staff.
d) As of the registration date for participating in the project, the leadership of the high-tech research facility must be a scientist with management and research capabilities in the project's technology field, demonstrated through the number of articles published in specialized journals both domestically and internationally (number of articles in the ISI group (Institute for Scientific Information)); the number of patents and utility models granted or accepted; the number of related projects and topics approved at the ministry level or above and completed; the number of core technologies mastered in the specialized field; the number of technologies and products transferred or put into production; the number of joint research and development projects with domestic and foreign partners.
e) Priority is given to constructing and developing high-tech research facilities in high-tech zones, high-tech agricultural application zones, and concentrated information technology zones established by the Prime Minister's decision.
3. High-tech incubation facility construction and development projects for high-tech enterprises must meet the following conditions:
a) The high-tech incubation facility for high-tech enterprises must ensure favorable conditions for high-tech incubation activities to meet the program's objectives.
b) The high-tech incubation facility for high-tech enterprises must be located in a convenient position for incubation activities (for example, within a university, major research institute, high-tech zone, high-tech agricultural application zone, concentrated information technology zone, etc.); it must have cooperative networks with domestic and international incubation facilities; it must have the ability to connect with production, research, and training facilities to support high-tech incubation and high-tech enterprise incubation activities.
c) The technical infrastructure of the high-tech incubation facility for high-tech enterprises includes basic technical infrastructure (electricity, water, gas, etc.) and expanded technical infrastructure (research facilities, laboratories, meeting rooms, seminar rooms, high-tech product exhibition rooms, etc.).
d) The high-tech incubation facility for high-tech enterprises must have a professional management team trained and educated at reputable training institutions; it must have a team of experts advising on technology, intellectual property, legal matters, finance, business management, and marketing.
4. High-tech laboratory construction and development projects must meet the following conditions:
a) The technology researched in the high-tech laboratory must be included in the List of Prioritized High-Tech Technologies for Investment and Development.
b) A high-tech laboratory must have the capacity to cooperate with research institutions both domestically and internationally; it must be capable of creating advanced technology at a regional leading level or producing high-tech products and services at an international standard or core products of key economic sectors.
c) A high-tech laboratory must be equipped with modern, synchronized machinery and equipment at the level of countries in the region, with some machinery and equipment reaching international standards.
d) As of the date of registration to participate in the project, the leadership of the high-tech laboratory must be a reputable scientist in the relevant field, having spent at least five years researching and working at a modern research and development institution or production facility abroad or at a domestic research and development institution or production facility that has reached an international standard, and having published research works in reputable scientific journals worldwide.
đ) The number of staff with a bachelor's degree or higher directly involved in research and development activities at the high-tech laboratory must reach at least 70% of the total staff. At least 40% of the laboratory's total staff must have studied or interned at modern research and development institutions or production facilities abroad or at domestic research and development institutions or production facilities that have reached an international standard.
e) A high-tech laboratory must be established and developed based on the principle of maximizing the utilization of existing infrastructure, machinery and equipment, and personnel from current laboratories of universities and research institutes. Priority will be given to projects establishing and developing high-tech laboratories at leading research institutes, universities, high-tech zones, high-tech agricultural application zones, and concentrated information technology zones funded by the State.
5. Projects to build support bases for the development of high-tech products must meet the following conditions:
a) Support bases for the development of high-tech products must carry out activities to assist in the development of high-tech products in key economic regions, areas with concentrated high-tech manufacturing and service facilities.
b) Support bases for the development of high-tech products must be equipped with modern, synchronized machinery and equipment at the level of countries in the region, with some machinery and equipment reaching international standards.
c) Support bases for the development of high-tech products must ensure the ability to support the production and supply of high-tech products and services at an international standard or core products of key economic sectors, and have the capability to collaborate with countries in the region in the development of high-tech products.
d) The number of workers with a bachelor's degree or higher directly involved in research and development activities at support bases for the development of high-tech products must reach at least 5% of the total workforce.
6. Projects to establish high-tech technology transfer centers must meet the following conditions:
a) High-tech technology transfer centers must carry out activities related to transferring technologies listed in the priority investment and development catalog of high-tech fields.
b) High-tech technology transfer centers must have modern infrastructure, facilities, and information systems; they must have technical staff with appropriate qualifications and a team of experts in technology, intellectual property, legal, financial, management, and business administration to ensure the effective operation of high-tech technology transfer activities.
c) High-tech technology transfer centers must have the ability to connect with production, research, and training institutions to serve high-tech technology transfer activities in Vietnam.
7. Projects to establish and upgrade specialized journals must meet the following conditions:
a) Journals must operate within the fields of information technology, biotechnology, new materials technology, and automation technology.
b) Members of the journal's editorial board must be reputable scientists and experts in relevant technological fields.
c) The journal's scientific council must include leading experts, scientists, and researchers both domestically and internationally.
d) Journals must have clear criteria and review processes for articles that are highly regarded by scientists.
đ) Journals must meet the following quality standards: the proportion of research articles with new content must exceed 50% of the total number of articles published annually; the proportion of articles with main authors who are not members of the journal's editorial board must not exceed 50% of the total number of articles published annually.
e) Priority will be given to projects establishing and upgrading domestic scientific journals recognized by ISI (Institute for Scientific Information) with a high Impact Factor (IF).
8. Projects to build information systems on the application, production, and provision of high-tech services must ensure the formation of a modern, comprehensive, accurate, and timely information system about significant achievements in the field of high technology, the application, production of high-tech products, and the provision of high-tech services both domestically and internationally.
Article 10. Criteria for high-tech human resource development projects
1. High-level human resource development projects must have: a feasible research proposal; a specific and appropriate plan for developing high-tech human resources; comply with current regulations on training and developing human resources in Vietnam.
2. Projects forming strong scientific research teams in high-tech fields must meet the following conditions:
a) Strong scientific research teams in high-tech fields must engage in researching and developing high-tech products or technologies listed in the priority investment and development catalogues for high-tech fields and encouraged development catalogues for high-tech products.
b) The leaders of strong scientific research teams in high-tech fields must be reputable scientists in relevant fields, having at least three years of research and work experience at modern research and development institutions or production facilities abroad or within the country that meet international standards, and having published research works in reputable international scientific journals within the last five years.
c) Strong scientific research teams in high-tech fields must demonstrate good research capabilities through the number of research topics and projects participated in, the number of patents obtained, and the number of articles published in domestic and foreign scientific journals; have the ability to collaborate with reputable domestic and international scientists in high-tech fields; possess a rich system of databases and research materials to support high-tech research and development activities.
3. Projects developing high-tech human resource training bases reaching international standards must meet the following conditions:
a) High-tech human resource training bases must have a clear orientation, strategy, plan, and goals that align with the mission of developing high-tech human resources under the Program.
b) High-tech human resource training bases must have a professional organizational structure and management system ensuring training quality; have a management staff with moral integrity and management skills; have teaching staff with qualifications and expertise in their respective fields, ensuring the required professional structure and level; have technical staff and administrative personnel with good professional skills, regularly trained to effectively serve high-tech human resource training activities.
c) The training programs of high-tech human resource training bases must have clear and specific objectives, a reasonable structure, systematically designed to meet the requirements for training high-tech human resources; regularly updated and adjusted based on advanced international programs, feedback from educational organizations, employers, graduates, and other relevant organizations to meet the demand for high-tech human resources nationwide.
d) High-tech human resource training bases must have infrastructure meeting the requirements for training high-tech human resources; have a rich system of textbooks, course materials, and references in Vietnamese and foreign languages available for use by faculty and students; have an electronic library networked for effective teaching, learning, and scientific research.
đ) High-tech human resource training bases must have international cooperation activities, demonstrated through joint training programs and academic exchanges; have the capability to link with training institutions, research centers, high-tech incubators, high-tech enterprise incubators, and high-tech product manufacturing enterprises providing high-tech services.
4. Projects for enhancing the competence of key project leaders in producing high-tech products must meet the following conditions:
a) Ensure a suitable and balanced allocation of key project leaders in producing high-tech products across various high-tech fields under the Program.
b) Key leaders participating in high-tech product production projects must hold a bachelor's degree or higher and have at least two years of experience managing high-tech product production activities.
5. Projects for enhancing the professional competence of research staff in high-tech product production projects must meet the following conditions:
a) Ensure a suitable and balanced allocation of research staff in high-tech product production projects across various high-tech fields under the Program.
b) Research staff participating in high-tech product production projects must hold a bachelor's degree or higher in one of the high-tech fields and have at least two years of research experience at high-tech education, research, and production institutions.
6. Projects supporting students and graduate students to conduct research and internships at organizations operating in high-tech fields, and projects supporting Vietnamese students and graduate students studying and researching abroad to participate in implementing Program tasks must meet the following conditions:
a) Ensure a suitable and balanced allocation of students and graduate students studying high-tech majors to conduct research and internships at organizations operating in high-tech fields under the Program.
b) Students and graduate students participating in the projects must have good academic performance (up to the time of registration) and good moral character.
c) Prioritize projects supporting students and graduate students studying and researching at large universities and research institutes in high-tech fields.
7. Projects mobilizing volunteer foreign experts and overseas Vietnamese experts to participate in high-tech activities at Vietnamese high-tech facilities must meet the following conditions:
a) Ensure a suitable and balanced allocation of experts from various high-tech fields to participate in high-tech activities at Vietnamese high-tech facilities.
b) Volunteer foreign experts and overseas Vietnamese experts participating in the projects must be individuals with expertise in high-tech fields and an understanding of the current situation and status of high-tech in the country.
c) Prioritize projects that mobilize experts who have previously taught and worked at universities and research institutes in Vietnam.
Chapter III
ORGANIZATION AND MANAGEMENT OF THE PROGRAM
Article 11. Organization to implement the Program
The organization to implement the Program shall be carried out in accordance with Clause IV, Article 1 of Decision No. 2457/QĐ-TTg dated December 31, 2010 of the Prime Minister.
Article 12. Responsibilities of the Ministry of Science and Technology
1. Implement the tasks assigned by the Prime Minister as stipulated in paragraph a, point 4, Clause IV, Article 1 of Decision No. 2457/QĐ-TTg dated December 31, 2010 of the Prime Minister.
2. Serve as the focal point for assisting the Steering Board in monitoring, compiling the situation regarding the construction and implementation of the Program, and helping the Steering Board perform the tasks specified in point 3, Clause IV, Article 1 of Decision No. 2457/QĐ-TTg dated December 31, 2010 of the Prime Minister.
3. Annually compile the budgetary funding needs of the Program components and common activities of the Program to take the lead in coordinating with the Ministry of Planning and Investment and the Ministry of Finance to balance, allocate, and guide the budgetary funding.
4. Assist the Steering Board in harmonizing, coordinating, reviewing, and integrating the tasks of Program components and related high-tech programs.
5. Participate with the leading ministry of the Program component in appraising the tasks of the Program component.
6. Organize the implementation of tasks and measures to carry out the Program:
a) Study and propose tasks of the Program commissioned by the State;
b) Coordinate with relevant ministries, sectors, and localities to implement the Program's tasks;
c) Establish a database and integrate information on the Program's tasks;
d) Train and enhance the professional skills of staff involved in managing the Program;
đ) International cooperation of the Program;
e) Organize regular activities of the Steering Board to support the guidance and management of the Program;
g) Organize the implementation of common tasks of the Program.
7. Take the lead in coordinating with relevant ministries and sectors to develop guiding documents for implementing the Program, and submit mechanisms, policies, and measures to support the implementation of the Program to the Prime Minister for issuance.
8. Take the lead in coordinating with the Ministry of Education and Training and the Ministry of Home Affairs to develop mechanisms and policies for training and developing high-tech human resources, and encourage those working in high technology.
Article 13. Responsibilities of the leading ministry of the Program component
1. Develop the Program component, submit it to the Prime Minister after obtaining the approval of the Steering Board.
The Program component includes objectives, contents, specific measures, estimated budget, and a list of tasks to achieve the objectives.
2. Develop annual plans and budgets for implementing the Program component and send them to the Ministry of Science and Technology for consolidation, while also sending them to the Ministry of Planning and Investment and the Ministry of Finance.
3. Organize the development and management of the Program component's tasks in accordance with regulations.
4. Organize the implementation of other measures and tasks to fulfill the Program component.
5. Inspect, evaluate, and report periodically every six months to the Steering Board on the implementation of the Program component's tasks.
Article 14. Responsibilities of the Organizing Body
1. To build and implement approved contents; be responsible for the progress and results of the Program's tasks; propose solutions to issues arising during the implementation of the tasks with the Ministry of Science and Technology and the leading ministry of the Program component.
2. To coordinate with the Ministry of Science and Technology and the leading ministry of the Program component in inspecting and supervising the implementation of the Program's tasks according to the set objectives, contents, and schedule.
3. To submit written recommendations to the Ministry of Science and Technology and the leading ministry of the Program component regarding adjustments to the Program's objectives, contents, and implementation schedule to meet practical requirements.
4. To fully comply with regular and ad hoc reporting on the progress of implementing the Program's tasks (every six months, annually, mid-term review, final summary) and to report the final settlement of funds to the competent authority.
Chapter IV
ORGANIZATION OF BUILDING AND MANAGING THE PROGRAM TASKS
Article 15. Management of the Program Tasks
1. The Ministry of Science and Technology shall organize the building and management of the general tasks of the Program.
2. The leading ministry of the Program component shall organize the building and management of the Program component's tasks.
Article 16. Determination of the Program Tasks
1. Based on the Program's objectives, contents, implementation solutions, and organizational plans of the Program component, the Ministry of Science and Technology shall collect and compile the needs of organizations and individuals participating in the implementation and propose the List of General Program Tasks; the leading ministry of the Program component shall collect and compile the needs of organizations, individuals, and enterprises participating in the implementation and propose the List of Program Component Tasks.
2. The main contents of the tasks include:
a) Name and code symbol;
b) Necessity;
c) Objectives, scale, and location of implementation;
d) Contents and main tasks;
đ) Results created from the Program's tasks;
e) Feasibility analysis and economic-social effectiveness;
g) Estimated total budget for implementation; sources and forms of capital provision; solutions for implementing the Program's tasks;
h) Estimated start and end times;
i) Anticipated beneficiaries and use of the results created.
3. The Minister of Science and Technology is responsible for organizing the evaluation and approval of the List of General Program Tasks.
The leading ministry of the Program component is responsible for sending the draft List of Program Component Tasks to the National Office for Coordination of Science and Technology Programs for coordination, review, supplementation, integration, and avoidance of overlap. After receiving comments from the National Office for Coordination of Science and Technology Programs, the leading ministry of the Program shall organize the evaluation and approval of the List of Program Component Tasks, send it to the Ministry of Science and Technology for consolidation into the List of Program Tasks (hereinafter referred to as the List) to report to the Steering Committee.
4. In necessary cases, the Ministry of Science and Technology shall take the lead and coordinate with the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, and relevant ministries, sectors, and localities to report to the Steering Committee for consideration and comments on adjusting, revising, and supplementing tasks in the List.
Article 17. Review and Approval of the Program's Tasks
1. The tasks listed in the Catalogue are prioritized in order of urgency based on the criticality of the issues, ensuring that the objectives of the Program are met according to the proposed schedule.
2. The dossier for review is prepared by the leading organization and includes:
a) A letter requesting registration to participate in implementing the Program's task;
b) An explanation of the Program's task;
c) A summary of the scientific and technological activities of the organization or individual registering to lead the implementation of the Program's task;
d) Legal documents confirming the agreement of organizations registering to cooperate in implementing the Program's task;
đ) Legal documents committing and explaining the ability to mobilize financial resources to implement the Program's task.
Based on each specific task of the Program component, the leading Ministry of the Program component supplements necessary additional contents in the dossier for review prepared by the leading organization.
The model explanation of the general task of the Program is issued by the Minister of Science and Technology. The model explanation of the task of the Program component is issued by the Minister of the leading Ministry of the Program component.
3. The Ministry of Science and Technology leads and coordinates with relevant Ministries, sectors, and localities to organize the review of the content and budget for implementing the general task of the Program. The Minister of Science and Technology approves the content and budget for implementing the general task of the Program.
The leading Ministry of the Program component leads and coordinates with the Ministry of Science and Technology to organize the review of the content and budget for implementing the task of the Program component. The leading Ministry of the Program component approves the content and budget for implementing the task of the Program component based on the task explanation of the Program component which has been jointly confirmed by representatives of the leading Ministry of the Program component and the Ministry of Science and Technology.
4. In cases where necessary, the Ministry of Science and Technology and the leading Ministry of the Program component conduct on-site inspections of issues related to the dossier of the leading organization.
Article 18. Contract for Assigning Leadership to Implement the Program's Task
1. The Decision approving the Program's task serves as the legal basis for signing the contract for assigning leadership to implement the Program's task (hereinafter referred to as the contract).
2. The Ministry of Science and Technology organizes the signing of contracts with the leading organization for implementing the general task of the Program and the task of the Program component managed by the Ministry of Science and Technology. The representative of the Ministry of Science and Technology is the Assignor, and the leading organization is the Assignee.
The Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development organizes the signing of contracts with the leading organization for implementing the task of the Program component assigned to manage. The representative of the Ministry of Industry and Trade, the representative of the Ministry of Agriculture and Rural Development is the Assignor, and the leading organization is the Assignee.
3. The contract serves as the legal basis for binding the rights and obligations between the parties.
The model contract for implementing the general task of the Program is issued by the Minister of Science and Technology. The model contract for implementing the task of the Program component is issued by the Minister of the leading Ministry of the Program component.
4. The leading organization has the obligation and responsibility to organize the implementation of the task in accordance with the goals, content, schedule, and to effectively utilize the allocated budget in accordance with the contract. The leading organization has the right to sign sub-contracts or hire other organizations or individuals to undertake specific tasks within the assigned content.
Article 19. Supplementing and Adjusting the Tasks of the Program
During the implementation process, the organizing body may submit written proposals to the Ministry of Science and Technology and the leading ministry of the component program regarding the supplementation or adjustment of the content, deadlines, and locations for implementing the tasks of the Program.
The Ministry of Science and Technology is responsible for organizing the review and approval of the supplementation and adjustment of the common tasks of the Program according to regulations.
The leading ministry of the component program is responsible for organizing the review and approval of the supplementation and adjustment of the tasks of the component program according to regulations.
The Ministry of Science and Technology compiles and reports to the Steering Board on the supplementation and adjustment of the content, deadlines, and locations for implementing the tasks of the Program.
Article 20. Inspection and Evaluation of the Implementation Process of the Program's Tasks
1. The Ministry of Science and Technology leads and coordinates with relevant ministries, sectors, and localities to conduct inspections and evaluations every six months or at any time regarding the progress, situation, and financial use of the common tasks of the Program.
The leading ministry of the component program leads and coordinates with the Ministry of Science and Technology and relevant ministries, sectors, and localities to conduct inspections and evaluations every six months or at any time regarding the progress, situation, and financial use of the component program's tasks.
2. The organizing body is responsible for preparing and providing all relevant information about the ongoing tasks of the Program and facilitating inspection and supervision.
Article 21. Amending and Terminating Contracts
1. The parties involved in the contract may request the competent authority to consider and decide on amending the content, progress, deadlines, and financial resources of the contract to suit actual conditions.
2. The contract may be terminated in the following cases:
a) The Program's tasks are no longer suitable for the set objectives due to unforeseeable risks such as natural disasters, enemy attacks, epidemics; the objectives are no longer appropriate for the current situation;
b) The organizing body does not ensure sufficient material conditions, human resources, corresponding financial resources, and other conditions to implement as committed in the contract;
c) The organizing body lacks the capacity to manage the implementation of the Program's tasks as stipulated in the contract;
d) The financial resources for the Program's tasks are misused.
3. An organizing body whose contract is terminated must cease all activities related to the Program's tasks and report in writing on the work carried out, funds used, and equipment purchased.
4. Based on the decision to terminate the contract, the parties shall carry out the procedures for contract termination according to the terms agreed upon between the parties and in accordance with the law.
Article 22. Reporting System
1. The organizing body is responsible for periodically (every six months) and at any time (upon request) reporting on the implementation of the Program's tasks, evaluating effectiveness, and submitting proposals and suggestions to the Ministry of Science and Technology and the leading ministry of the component program.
2. The leading ministry of the component program builds periodic (every six months) and at any time (upon request) reports on the implementation of the common tasks of the Program and the component program's tasks, sends them to the Ministry of Science and Technology for compilation, and reports to the Steering Board.
Article 23. Evaluation, acceptance, and recognition of the results of implementing the Program's tasks
1. The Ministry of Science and Technology shall take the lead and coordinate with relevant ministries, sectors, and localities to organize the evaluation, acceptance, and decision on recognizing the results of implementing the common tasks of the Program in accordance with current regulations.
The leading ministry of the component Program shall take the lead and coordinate with the Ministry of Science and Technology to organize the evaluation, acceptance, and decision on recognizing the results of implementing the component Program's tasks in accordance with current regulations.
The Ministry of Science and Technology shall compile and report to the Steering Board on the results of implementing the Program's tasks.
2. The Ministry of Science and Technology and the leading ministry of the component Program shall determine the responsibilities of related parties and handle them according to current regulations for organizations leading the common tasks of the Program and organizations leading the component Program's tasks that have been evaluated and accepted at the level of "unsatisfactory". In cases exceeding their authority, they shall report to the Chairman of the Steering Board.
Article 24. Liquidation of contracts and exploitation of the results of the Program's tasks
1. The Ministry of Science and Technology and the leading ministry of the component Program shall organize the liquidation of contracts with the leading organization in accordance with the provisions.
2. The Ministry of Science and Technology shall take the lead and coordinate with the leading ministry of the component Program to analyze, evaluate, and organize the widespread application of models of the Program's tasks that have been implemented.
The leading organization shall be responsible for managing, exploiting, and transferring the results of the Program's tasks in accordance with the law. Intellectual property rights and the right to use the results of implementation shall be governed by laws on science and technology and intellectual property.
4. Registration, preservation of the results of the Program's tasks shall be carried out in accordance with Decision No. 03/2007/QĐ-BKHCN dated March 16, 2007, and Circular No. 04/2011/TT-BKHCN dated April 20, 2011, issued by the Minister of Science and Technology on registration, preservation, and utilization of the results of scientific and technological tasks.
5. The Minister of the leading ministry of the component Program shall approve the plan for exploiting and using the results of the component Program's tasks within their authority and report to the Steering Board.
Article 25. Handling of Assets
The handling of assets after the completion of program tasks shall be carried out in accordance with current regulations.
Article 26. Budget for Implementing the Program
The Program's implementation funds are balanced in the annual budget for science and technology expenditures, allocated to the Ministry of Science and Technology to provide to leading organizations for implementing projects, programs, and other tasks of the Program, and for the Program's common activities including: the operating costs of the Steering Board, the Office coordinating national science and technology programs, the Steering Committee of the component Program, and other common activities as prescribed.
The Ministry of Science and Technology shall take the lead and coordinate with the Ministry of Planning and Investment and the Ministry of Finance to balance, allocate, and guide the use of state budget funds for implementing the Program approved by the competent authority.
The financial mechanism for implementing the Program is stipulated in the Joint Circular between the Ministry of Finance and the Ministry of Science and Technology and other relevant legal documents on finance.
Article 27. Information and Database of the Program
The Ministry of Science and Technology shall take the lead and coordinate with the leading ministry of the component Program to organize guidance for online task registration and construction of an electronic database on the Program's tasks.
Chapter V
IMPLEMENTING PROVISIONS
Article 28. Effective Date
This Circular takes effect forty-five days from the date of issuance.
Article 29. Responsibility for Implementation
1. The leading ministries of the component Programs, relevant ministries, sectors, People's Committees of provinces and centrally-administered cities shall base this Circular to guide agencies, organizations, and individuals participating in implementing the Program's tasks to enhance the effectiveness of applying, researching, and developing high technologies for production and daily life.
2. In case of difficulties during implementation, agencies, organizations, and individuals are advised to report to the Ministry of Science and Technology for research and consideration of amendments and supplements to ensure appropriateness./.
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