Circular No. 02/2015/TT-BKHCN provides for the evaluation and verification of the results of scientific and technological tasks not funded by state budget.

CIRCULAR

Regulations on the evaluation and examination of the results of implementing scientific and technological tasks without using state budget funds scientific and technological tasks not using state budget funds

___________________ 

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

Pursuant to Decree No. 20/2013/NĐ-CP dated February 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 08/2014/NĐ-CP dated January 27, 2014 of the Government detailing and guiding the implementation of certain provisions of the Law on Science and Technology;

At the request of the Director of the Department of Evaluation, Examination, and Technology Appraisal, the Director of the Market Development and Science and Technology Enterprise Department, and the Director of the Legal Affairs Department;

The Minister of Science and Technology issues this Circular to regulate the evaluation and examination of the results of implementing scientific and technological tasks without using state budget funds.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates:

Article 1. The evaluation of the results of implementing scientific and technological tasks without using state budget funds shall be carried out in accordance with Clause 2 of Article 37 of the Law on Science and Technology.

Article 2. The examination of the results of implementing scientific and technological tasks without using state budget funds that may affect national interests, defense, security, environment, human life, and health before application in production and daily life shall be conducted in accordance with Clause 3 of Article 37 of the Law on Science and Technology and Article 37 of Decree No. 08/2014/NĐ-CP dated January 27, 2014 of the Government detailing and guiding the implementation of certain provisions of the Law on Science and Technology.

Article 2. Applicability

This Circular applies to the following organizations and individuals:

1. Organizations and individuals requesting the evaluation and confirmation of the results of implementing scientific and technological tasks without using state budget funds.

2. Organizations and individuals applying the results of implementing scientific and technological tasks that may affect national interests, defense, security, environment, human life, and health.

3. State management agencies for science and technology responsible for evaluating and examining the results of implementing scientific and technological tasks without using state budget funds.

4. Other organizations and individuals related to the implementation of scientific and technological tasks, the evaluation, and examination of the results of implementing scientific and technological tasks without using state budget funds.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Scientific and technological tasks are issues in science and technology that need to be resolved to meet practical requirements for economic and social development, ensuring national defense, security, and the development of science and technology.

2. The results of implementing scientific and technological tasks without using state budget funds (hereinafter referred to as the results of implementing tasks) are the outcomes formed from the implementation of scientific and technological tasks, funded by organizations and individuals, without using state budget funds.

3. Evaluating the results of implementing tasks is the act of a competent state agency organizing the evaluation and issuing a Certificate confirming the results of implementing tasks at the request of organizations and individuals.

4. Examining the results of implementing tasks that may affect national interests, defense, security, environment, human life, and health is the act of a competent state agency organizing the examination to assess the impacts when deploying the application of these results on national interests, defense, security, environment, human life, and health before allowing organizations and individuals to deploy them in production and daily life.

Article 4. Principles of evaluation and examination of the results of implementing tasks

1. The evaluation of the results of implementing tasks stipulated in this Circular shall be based on the requests of organizations and individuals.

2. The examination of the results of implementing tasks shall be conducted for state management purposes to limit the impacts affecting national interests, defense, security, environment, human life, and health when applied in production and daily life.

3. The evaluation and examination of the results of implementing tasks shall be based on the application evaluation dossier; the examination application dossier; and the results and products of the scientific and technological task.

4. The evaluation and examination of the results of implementing tasks must ensure objectivity, honesty, and accuracy.

Article 5. Funding for evaluation and examination of the results of task implementation

1. The funding for evaluation and examination of the results of task implementation shall be guaranteed and paid by the organization or individual making the request.

2. The expenses related to the evaluation and examination process include:

a) Payment for hiring experts to advise on evaluation and examination, write comments on the application dossier for evaluation and examination of the results of task implementation;

b) Expenses for convening the evaluation council, examination council, and advisory expert team;

c) Expenses for appraisal, testing, inspection, and trial (hereinafter referred to as inspection), if applicable;

d) Office supply expenses;

đ) Other expenses arising during the evaluation and examination process.

3. The expenditure levels shall be applied according to the current regulations of the Ministry of Finance and the Ministry of Science and Technology for scientific and technological tasks funded by the state budget.

Chapter II
EVALUATION OF THE RESULTS OF IMPLEMENTATION OF SCIENTIFIC AND TECHNOLOGICAL TASKS NOT FUNDED BY THE STATE BUDGET

AND TECHNOLOGY NOT USING THE STATE BUDGET

Article 6. Content of the evaluation of the results of task implementation

1. The significance of the task.

2. Scientific basis, content, and methods of implementing the task.

3. The scientific value of the results of task implementation.

4. Impact and benefits brought about when the results of task implementation are applied in practice.

5. Other contents depending on the specific nature of the task as decided by the Council.

Article 7. State management agencies responsible for evaluating the results of task implementation

1. Provincial Departments of Science and Technology (hereinafter referred to as Provincial Department of Science and Technology) evaluate the results of task implementation based on requests from organizations with their main offices located within the province or city, or individuals residing within the province or city.

2. For results of task implementation where the Provincial Department of Science and Technology does not have the necessary conditions to organize the evaluation (specialized experts, technical conditions for product evaluation), they shall submit the application dossier to the Ministry of Science and Technology for evaluation.

Article 8. Application dossier for requesting evaluation of the results of task implementation

The application dossier for requesting evaluation of the results of task implementation includes:

1. An application form for evaluation and examination of the results of task implementation according to the model prescribed in Appendix 1 attached to this Circular.

2. A report on the results of task implementation according to the model prescribed in Appendix 3a or Appendix 3b attached to this Circular and related documents (drawings, designs, diagrams, photographs of sample products, analytical reports, etc.).

3. Other relevant documents (if any) concerning the results of task implementation (science and technology awards, task implementation contracts, task assignment decisions, etc.).

Article 9. Receiving and processing the application dossier

1. Organizations and individuals implementing the task prepare one set of application dossier and send it directly or through postal service to the Provincial Department of Science and Technology as stipulated in Clause 1, Article 7 of this Circular.

2. Processing the application dossier:

Within five working days from the date of receipt of the application dossier, the Provincial Department of Science and Technology shall perform the following tasks:

a) Review the application dossier and determine the conditions for organizing the evaluation. In cases as prescribed in Clause 2, Article 7 of this Circular, the Provincial Department of Science and Technology shall send a letter (with the application dossier attached) requesting the Ministry of Science and Technology to conduct the evaluation, and at the same time notify the organization or individual making the request about the agency conducting the evaluation;

b) Check the validity of the application dossier according to Article 8 of this Circular. If the application dossier lacks the required documents, the organization or individual must be notified to supplement them within thirty working days.

3. From the date of receiving a complete and valid application dossier, the evaluation agency shall publish information about the evaluation of the results of task implementation on its website within ten working days. The published information includes:

a) General information about the task: name of the task; organization or individual making the request; field of science and technology; anticipated major impacts of the task results;

b) Anticipated time and location for organizing the evaluation.

4. The evaluation of the results of task implementation shall be conducted within forty-five working days from the date of receiving a complete and valid application dossier. In cases where the results of task implementation require inspection, the inspection period shall not be included in the evaluation period.

Article 10. The Council and the Advisory Expert Group evaluate the results of task implementation

1. The Council and the Advisory Expert Group to evaluate the results of task implementation shall be established by the Head of the agency responsible for evaluation within fifteen working days from the date of receipt of complete and valid files. The agency responsible for evaluation shall appoint an administrative secretary to prepare materials and necessary procedures for convening the Council meeting.

2. The Advisory Council to evaluate the results of task implementation (hereinafter referred to as the Evaluation Council):

a) The Evaluation Council is responsible for advising on the evaluation of the results of task implementation;

b) The Evaluation Council consists of five or seven members, including the chairman, vice-chairman, two opposing members, and other members. At least two-thirds of the members must be reputable scientific and technological experts with relevant experience and expertise in the field of the results of task implementation; the remaining members are representatives of state management agencies and organizations related to the field of evaluation of the results of task implementation.

3. The Advisory Expert Group to evaluate the results of task implementation (hereinafter referred to as the Advisory Expert Group):

a) The Advisory Expert Group is established in cases where the results of task implementation listed in Appendix 3b have products that require testing;

b) The Advisory Expert Group consists of three or five members, including the Group Leader and group members, selected from the members of the Evaluation Council and external experts (if necessary);

c) The Advisory Expert Group conducts inspections, evaluates the reliability, and assesses the authenticity of the products. The Advisory Expert Group prepares an Evaluation Report and sends it to the agency responsible for evaluation at least five working days before the Council meeting.

4. The agency receiving the file, responsible for evaluation, members of the Council, the Advisory Expert Group, and those related to the evaluation process undertake the obligation to keep confidential information in the report on the results of task implementation to ensure the intellectual property rights of the organization or individual implementing the task.

Article 11. Methods, contents, and outcomes of the Evaluation Council's work on the results of task implementation

1. Methods of working of the Evaluation Council:

a) The Council operates on the principle of democracy. Members of the Council openly discuss the tasks assigned for evaluation, their opinions on the evaluation, and do not disclose information about the Council's work;

b) Evaluation documents and the Advisory Group's Evaluation Report (if any) must be sent to Council members by the agency responsible for evaluation at least three working days before the meeting;

c) The Council meeting shall be organized within fifteen working days from the date of the Decision establishing the Council and can only proceed if at least three-quarters of the Council members are present, including the chairman or the authorized vice-chairman; two opposing members (written opinions of absent members are only for reference).

2. Contents of the Council's work:

a) The Council examines, discusses, and analyzes the contents of the File; reviews the products of the results of task implementation; the Advisory Group's Evaluation Report (if any);

b) Council members evaluate the results of task implementation according to the model prescribed in Appendix 4a or Appendix 4b of this Circular; the Council conducts voting to evaluate the results of task implementation; the Council Secretary compiles and reports the results;

c) The Council Secretary drafts the Council's Evaluation Minutes according to the model prescribed in Appendix 5 of this Circular. The Council discusses to reach consensus on each conclusion and approves the minutes.

3. Results of the Council meeting:

a) The results of task implementation are deemed eligible for issuance of a Confirmation Certificate when at least three-quarters of the participating members agree to issue the Certificate and the average score of the Council is as follows:

- The average score of the task exceeds 50 points;

- The average score of the product exceeds 25 points.

b) The results of task implementation are deemed ineligible for issuance of a Confirmation Certificate when they do not meet the conditions stipulated in point a, Clause 3 of this Article;

c) For results of task implementation where the Council finds potential factors affecting national interests, national defense, security, environment, human life, and health during the evaluation process, the Council shall report to the agency responsible for evaluation and recommend that organizations or individuals conduct a review before applying the results to production and daily life, as prescribed in Chapter III of this Circular.

4. Within three working days after the end of the Council meeting, the Evaluation Minutes and accompanying documents must be submitted to the agency responsible for evaluation.

Article 12. Certificate of Task Implementation Results

1. Based on the conclusion of the Evaluation Board, within five working days from the date of receiving the evaluation minutes of the Evaluation Board, the head of the evaluation agency shall consider and decide to issue the Certificate of Task Implementation Results for tasks not using state budget funds. The model of the Certificate of Task Implementation Results is stipulated in Appendix 6 of this Circular. In case of not issuing the Certificate, the evaluation agency must notify in writing the organization or individual concerned with the specific reasons.

2. In case the head of the evaluation agency does not agree with the evaluation result of the Evaluation Board, the evaluation agency shall notify in writing to the organization or individual requesting the evaluation (including the specific reasons for disagreeing with the conclusion of the Evaluation Board) and re-examine and re-evaluate the task implementation results. The time for re-evaluation and responding to the request of the organization or individual shall be completed within fifteen working days from the date of receipt of the Evaluation Board's minutes.

3. The Certificate of Task Implementation Results represents the recognition of the state management agency towards the scientific and technological task implementation results of organizations and individuals; it is encouraged to be used to establish and register certification of scientific and technological enterprises according to the provisions of the Law on Scientific and Technological Enterprises.

4. Organizations and individuals requesting the evaluation of task implementation results commit to complying with laws on intellectual property rights and other relevant laws, and bear responsibility for the authenticity of the evaluation application dossier.

5. Within three working days from the date of issuance of the Certificate of Task Implementation Results, the evaluation agency has the responsibility to publish information about the issuance of the Certificate of Task Implementation Results on its electronic information website. The published information includes the information contained in the Certificate of Evaluation Results.

6. If it is discovered that the leading organization or individual in charge of implementing the task, or the organization or individual applying the task implementation results, provide false information or forge content in the application dossier for evaluating task implementation results, the competent authority issuing the Certificate of Task Implementation Results has the right to revoke the validity of the Certificate.

Article 13. Special Issuance of the Certificate of Task Implementation Results

1. Task implementation results falling under the following cases will be issued the Certificate without having to go through the evaluation procedure:

a) Task implementation results have won domestic and international awards for science and technology organized or co-organized by authorized state agencies (Ministry of Science and Technology, ministries, ministerial-level agencies, government agencies, provincial people's committees, centrally-administered municipal people's committees) or agreed to allow awarding (as prescribed in Government Decree No. 78/2014/NĐ-CP dated July 30, 2014 on Ho Chi Minh Award, State Award and other awards for science and technology);

b) Task implementation results have been evaluated and approved for practical application by ministries, ministerial-level agencies, and government agencies.

2. For cases stipulated in Clause 1 of this Article, organizations and individuals submit the application for evaluation and assessment of task implementation results according to Appendix 1 of this Circular along with copies of Certificates of Merit, Certificates of Commendation, and documents allowing application issued by the authorized agency as specified in Clause 1 of Article 7 of this Circular to obtain the Certificate of Task Implementation Results. The issuance of the Certificate in such cases shall be completed within five working days from the date the Department of Science and Technology receives the application and complete, valid documents as prescribed.

Chapter III
APPRAISAL OF THE RESULTS OF IMPLEMENTATION OF SCIENTIFIC AND TECHNOLOGICAL TASKS WITHOUT USING STATE BUDGET FUNDS

Article 14. Results from implementing tasks that contain factors potentially affecting national interests, national defense, and security.

1. Results from implementing tasks when applied to create products used in production, manufacturing, upgrading weapons and equipment; producing weapons of mass destruction, nuclear weapons, biological weapons, chemical weapons, flammable and explosive materials; support tools, specialized equipment.

2. Results from implementing tasks when applied to create software for exploiting classified national information, products used for monitoring and supervising confidential information of organizations and individuals.

3. Results from implementing tasks related to nuclear reactors; nuclear fuel, reactor materials, processing and managing radioactive waste, used nuclear fuel; technology for producing and enriching uranium.

4. Results from implementing tasks when applied to manufacture diving equipment, aircraft (with and without pilots), space equipment.

5. Other results from implementing tasks containing factors potentially affecting national interests, national defense, and security, which laws stipulate must be reviewed before application in production and daily life.

Article 15. Results from implementing tasks that contain factors potentially affecting the environment.

1. Results from implementing tasks in the field of surveying, searching, exploring natural resources.

2. Results from implementing tasks when applied to create hazardous waste affecting ecosystems, the environment, and humans.

3. Results from implementing tasks used to exploit marine and island environmental resource data.

4. Results from implementing tasks when applied must use national parks, nature conservation areas; scientific research and experimental forest areas; upstream protective forests; windbreak and sand-fixing forests.

5. Other results from implementing tasks containing factors potentially affecting the environment, which laws stipulate must be reviewed before application in production and daily life.

Article 16. Results from implementing tasks that contain factors potentially affecting human lives and health.

1. Results from implementing tasks related to medical examination, diagnosis, and treatment.

2. Results from implementing tasks related to producing medicines and vaccines for humans.

3. Results from implementing tasks related to genetic modification.

4. Results from implementing tasks related to producing plant protection chemicals.

5. Other results from implementing tasks containing factors potentially affecting human lives and health, which laws stipulate must be reviewed before application in production and daily life.

Article 17. Content of reviewing results from implementing tasks.

1. Purpose of applying results from implementing tasks.

2. Legal basis, reliability of information, data, and materials used to propose and apply results from implementing tasks.

3. Argumentation on the necessity of applying results from implementing tasks in production and daily life.

4. Analysis of conditions for applying results from implementing tasks (geographical location, terrain characteristics, climate and hydrology, budget expected for implementation, human resources and other conditions); Evaluation of the application results from previous stages (if applicable); Discussion on comparative advantages, difficulties, and limitations; International experience (if applicable).

5. Suitability of applying results from implementing tasks with economic and social conditions; forecast impacts on national interests, national defense, security, the environment, human lives, and health when implementing results from implementing tasks; forecast risks when applying and remediation plans.

6. Other contents if necessary, depending on specific results from implementing tasks.

Article 18. State management agencies shall conduct the review of the results of task implementation.

1. The Department of Science and Technology of provinces and centrally governed cities shall take the lead in organizing the review of the results of tasks implemented by organizations and individuals applying the results of such tasks within their administrative areas, provided that the scientific and technological task results fall under one of the three fields specified in Articles 14, 15, and 16 of this Circular.

2. The Ministry of Science and Technology shall take the lead in organizing the review of the results of tasks in the following cases:

a) The results of tasks fall under two or more fields specified in Articles 14, 15, and 16 of this Circular;

b) The results of tasks for which the Department of Science and Technology receives applications but lacks the necessary conditions to conduct the review (such as specialized experts and technical evaluation conditions). In such cases, the Department of Science and Technology shall send a letter (with attached application) requesting the Ministry of Science and Technology to conduct the review while simultaneously informing the organization or individual making the request about the competent authority responsible for conducting the review.

Article 19. Application Documents for Review of Task Implementation Results

Organizations and individuals must submit one set of application documents directly or via postal service to the agency responsible for conducting the review before applying the results of scientific and technological tasks as stipulated in Articles 14, 15, and 16 of this Circular. The application documents for review include:

1. A request for assessment and review from the organization or individual applying the results of scientific and technological tasks according to the model prescribed in Appendix 1 of this Circular.

2. A permit for application issued by the organization or individual leading the results of task implementation according to the model prescribed in Appendix 2 of this Circular.

3. Documentation on the results of task implementation: Detailed description of the approved scientific and technological task (if applicable); Report on the results of task implementation and accompanying documents; Decision establishing the Acceptance Committee for research results and Evaluation Minutes of various levels of Acceptance Committees (if applicable).

4. Detailed explanation of the application of the results of task implementation in production and daily life according to the model prescribed in Appendix 7 of this Circular.

5. Copy of the investment project for applying the results of scientific and technological tasks (if applicable).

6. Copy of the decision establishing and registering scientific and technological activities (for scientific and technological organizations) or registering production and business activities (for enterprises) of the organization applying; Copy of the Identity Card of the individual applying.

7. Summary of scientific and technological activities and production and business operations of the organization or individual applying.

8. Copy of the Certificate confirming the results of task implementation as prescribed in Chapter II of this Circular (if applicable).

9. Copy of the Certificate confirming the review of the results of task implementation already issued (if applicable).

10. Other relevant documents related to the results of scientific and technological tasks requiring review.

Article 20. Receipt and Processing of Application Documents

The process of receiving and processing application documents shall be carried out in accordance with the provisions of Clause 1, Clause 2, and Clause 4 of Article 9 of this Circular.

Article 21. Review Board and Advisory Expert Group for Reviewing Task Implementation Results

The Review Board and Advisory Expert Group for reviewing task implementation results shall be established by the head of the agency responsible for conducting the review. The composition of the Review Board and Advisory Expert Group shall comply with the provisions of Article 10 of this Circular. The Review Board must have representatives from specialized management agencies in the field requiring review.

Article 22. Methods, contents, and results of the Appraisal Board's work

1. The methods and contents of the Appraisal Board's work shall be carried out as stipulated for the Evaluation Board under Clause 1 and Clause 2 of Article 11 of this Circular. In addition to the provisions at point c of Clause 1 of Article 11 of this Circular, the Appraisal Board's session may only be convened when there is a representative from the specialized management agency in the relevant field present.

2. The duty of the members of the Appraisal Board is to analyze and review the results of performing tasks according to the contents prescribed in Article 17 of this Circular; provide opinions on the degree of impact on national interests, national defense, security, environment, human life, and health.

3. Results of the Appraisal Board meeting

a) The results of implementing scientific and technological tasks proposed to be permitted for application must be agreed upon by at least 3/4 of the total number of participating Appraisal Board members. The appraisal forms of the Appraisal Board members according to the model prescribed in Appendix 8 of this Circular;

b) Within three working days from the end of the Appraisal Board meeting, the minutes of the meeting must be sent back to the implementing appraisal agency according to the model prescribed in Appendix 9 of this Circular.

Article 23. Certificate of Task Result Appraisal

1. Within five working days from the date of receiving the Appraisal Board's minutes, the head of the implementing appraisal agency shall examine and decide to issue the Certificate of Task Result Appraisal. The model of the Certificate of Task Result Appraisal is prescribed in Appendix 10 of this Circular. If the Certificate of Task Result Appraisal is not issued, the implementing appraisal agency must notify in writing the organization or individual concerned with the specific reasons.

2. In case the head of the implementing appraisal agency disagrees with the Appraisal Board's result, the implementing appraisal agency shall notify in writing to the organization or individual requesting it (specifying the reasons for disagreeing with the conclusion of the Appraisal Board) and re-examine and appraise the task results again. The time for reappraisal and responding to the organization or individual requesting it shall be completed within fifteen working days from the date of receipt of the Appraisal Board's minutes.

3. The Certificate of Task Result Appraisal for scientific and technological tasks prescribed in this Circular does not replace the production and circulation permit certificates issued by specialized ministries and agencies.

4. For results of tasks that have been evaluated, accepted, and permitted for production and circulation by specialized ministries, no appraisal is required under this Circular. Before implementation, organizations and individuals must submit the appraisal document or the permit certificate already issued to the Ministry of Science and Technology for unified monitoring and management.

5. Organizations and individuals requesting task result appraisal must comply with laws on intellectual property rights and other related laws, and bear responsibility for the authenticity of the appraisal request dossier.

6. If the competent authority issuing the Certificate of Task Result Appraisal discovers that the organization or individual primarily responsible for implementing the task, or the organization or individual applying the task result, has provided false information or fabricated content in the appraisal request dossier, such authority has the right to revoke the validity of the Certificate of Task Result Appraisal.

Article 24. Issuance of the Certificate of Evaluation and Appraisal

1. In cases where organizations or individuals wish to have their performance results evaluated and appraised simultaneously, given that such results may contain factors affecting national interests, national defense, security, environment, human lives, and health as stipulated in Articles 14, 15, and 16 of this Circular, they shall submit the application dossier to the competent state management agency for evaluation and appraisal of the performance results.

2. The application dossier for simultaneous evaluation and appraisal of performance results shall be submitted in accordance with Articles 8 and 19 of this Circular.

a) The dossier shall be submitted by organizations or individuals applying the performance results to the competent state management agency as prescribed in Article 18 of this Circular;

b) In cases where the performance results do not yet have an application address and the organization or individual responsible for the task wishes to have the results evaluated and appraised, the application dossier shall be submitted to the competent state management agency as prescribed in Clause 1 of Article 7 of this Circular.

3. The evaluation and appraisal of performance results shall be carried out according to the procedures stipulated in Chapter III of this Circular. The competent state management agency will review, evaluate, and issue the Certificate of Evaluation and Appraisal in the format prescribed in Appendix 11 of this Circular if the performance results meet the requirements set forth in this Circular.

4. In cases where the head of the appraisal agency does not agree with the evaluation and appraisal results of the Appraisal Board, the appraisal agency shall notify the organization or individual who made the request in writing (specifying the reasons for disagreement with the Appraisal Board's conclusion) and re-examine and re-evaluate the performance results. The time for re-evaluation and response to the organization or individual making the request shall be completed within 15 working days from the date of receipt of the Appraisal Board's evaluation and appraisal record.

Chapter IV
IMPLEMENTATION

Article 25. Application of the Circular

Organizations or individuals who independently organize the evaluation of performance results without using state budget funds may apply the provisions of Chapter II of this Circular.

Article 26. Responsibilities for Implementation

1. Provincial Departments of Science and Technology shall carry out evaluation and appraisal activities of performance results without using state budget funds within their jurisdiction; report periodically to the Ministry of Science and Technology on the results of these activities before December 15 each year.

3. Ministries, sectors, People's Committees of provinces and centrally governed cities shall cooperate with the Ministry of Science and Technology in appraising the performance results of science and technology tasks without using state budget funds, which may affect national interests, national defense, security, environment, human lives, and health.

4. People's Committees of provinces and centrally governed cities shall cooperate with the Ministry of Science and Technology in supervising the implementation of the application of performance results of science and technology tasks without using state budget funds, which may affect national interests, national defense, security, environment, human lives, and health at the local level.

5. The Ministry of Science and Technology shall instruct the Market Development and Science and Technology Enterprises Department to guide the evaluation of performance results of science and technology tasks without using state budget funds; instruct the Department of Evaluation, Appraisal, and Technology Inspection to guide the appraisal of performance results of science and technology tasks without using state budget funds, which may affect national interests, national defense, security, environment, human lives, and health as prescribed in this Circular.

Article 27. Effective Date

1. This Circular takes effect from April 20, 2015.

2. During the implementation of this Circular, if there are any difficulties, relevant ministries, agencies equivalent to ministries, government agencies, provincial People's Committees, and related agencies, organizations, and individuals shall promptly reflect them to the Ministry of Science and Technology for research and amendment./.