Circular No. 02/2023/TT-BKHCN provides guidance on certain technical matters to support the preparation of budgets for implementing scientific and technological tasks funded by the state budget.

CIRCULAR

Guidelines on certain professional contents serving the preparation of budgets for implementing scientific and technological tasks funded by the state budget

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

Pursuant to the State Budget Law dated June 25, 2015; June 25, 2015;

Decision No. 157/QĐ-TTg dated February 1, 2021 of the Prime Minister promulgating the National Product Development Program until 2030;

Pursuant to Decree No. 95/2014/NĐ-CP dated October 17, 2014 of the Government on investment and financial mechanisms for scientific and technological activities;

Pursuant to Decree No. 163/2016/NĐ-CP dated December 21, 2016, issued by the Government, detailing the implementation of certain provisions of the State Budget Law;

Pursuant to Decree No. 95/2017/NĐ-CP dated August 16, 2017 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

At the proposal of the Director of the Department of Planning and Finance and the Director of the Legal Department;

The Minister of Science and Technology issues this Circular guiding certain professional contents serving the preparation of budgets for implementing scientific and technological tasks funded by the state budget.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular guides certain professional contents serving the preparation of budgets for implementing scientific and technological tasks (hereinafter referred to as tasks) funded by the state budget, including national-level, ministry-level, provincial-level, and grassroots-level tasks as stipulated in Articles 25, 26, 27, and 28 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.

Tasks funded by the state budget within the scope of implementation of science and technology programs according to decisions approving such programs at each stage shall apply the provisions of this Circular and any specific regulations (if any).

Tasks funded from other sources are encouraged to apply the provisions of this Circular.

This Circular applies to agencies managing tasks; agencies with authority to approve tasks funded by the state budget; organizations and individuals implementing tasks funded by the state budget, and other related organizations and individuals.

Article 2. Interpretation of Terms

1. Research content in tasks is the content that needs to be carried out, presented in the task description to achieve the objectives and products of the task as specified in the order. Research content includes one or more tasks that need to be performed.

2. Task implementer position is the person directly carrying out research content in the task, including: task leader; scientific secretary; main member; member; technician, support staff.

Article 3. A group of task implementer positions (hereinafter referred to as group of positions) is a collection of individuals holding the same position as stipulated in Clause 2 of this Article to carry out research content in the task.

4. Domestic expert, foreign expert collaborating in research, implementing scientific and technological tasks is a person with a bachelor's degree or higher, having at least five years of experience in research or working in a relevant field corresponding to the work required to be performed in the task.

5. Independent consultant is a person with a bachelor's degree or higher, having the capability and at least five years of experience in research or working in a relevant field corresponding to the work required by the task management agency. For national-level tasks, independent consultants must be part of the database of science and technology experts managed by the Ministry of Science and Technology.

6. Independent consulting organization is an entity with relevant expertise hired by the task management agency to evaluate and inspect the quality of products for tasks with intermediate products or specific models, equipment, or products requiring testing.

7. Approval of tasks as stipulated in Article 9 of this Circular and Clause 1 of Article 11 of Circular No. 03/2023/TT-BTC dated January 10, 2023 of the Ministry of Finance on the preparation of budgets, management, and settlement of state budget funds for implementing scientific and technological tasks (hereinafter referred to as Circular No. 03/2023/TT-BTC) is the decision of the competent authority to approve the list of tasks for selection or direct assignment.

Chapter II
GUIDELINES ON CERTAIN PROFESSIONAL CONTENTS SERVING THE PREPARATION OF BUDGETS FOR IMPLEMENTING SCIENTIFIC AND TECHNOLOGICAL TASKS FUNDED BY THE STATE BUDGET

Article 3. Positions to perform tasks

1. Task Leader

a) The Task Leader is the person responsible before the task management agency for: developing the task description; managing, assigning, coordinating the implementation of all research contents within the task; evaluating the results of implementing the research contents of the task; preparing reports as required by the task management agency, comprehensive reports, summary reports on the implementation of the task.

b) The Task Leader must meet the conditions for registering as a Task Leader using state budget funds as stipulated by current regulations.

c) Each task has only one Task Leader.

2. Scientific Secretary

a) The Scientific Secretary is the person supporting the Task Leader in managing and organizing the implementation of the task, including: assisting in monitoring and urging the progress of task deployment; assisting in preparing reports as required by the task management agency, comprehensive reports, summary reports on the implementation of the task; assisting in financial settlement work for task implementation and other support tasks assigned by the Task Leader.

b) Each task has only one Scientific Secretary.

3. Main Members

a) Main Members are individuals assigned by the Task Leader to be responsible for implementing specific research contents of the task.

b) In one task, there may be multiple research contents. Each content is led by a maximum of one main member.

4. Participants

Participants are individuals assigned by the Task Leader to join in performing specific tasks within the research content of the task.

5. Technical Staff, Supporting Personnel (excluding general laborers)

Technical staff and supporting personnel are persons arranged by the Task Leader to perform technical operations or supporting activities for research to serve the implementation of specific tasks within the research content according to the task description.

Article 4. Scientific Labor Coefficient of Positions

1. The scientific labor coefficient of positions is as follows:

2. An individual may participate in multiple research contents and tasks with different positions. The remuneration of the individual in the research content and task is calculated based on the scientific labor coefficient corresponding to the position and the time the individual spends on that research content and task.

Article 5. Budget Estimate for Remuneration Participation in Tasks

1. The budget estimate for remuneration participation in tasks is established according to the research content and work and by position (for the Task Leader; Scientific Secretary) or group of positions (for Main Members; Participants; Technical Staff, Supporting Personnel).

2. The budget estimate for remuneration of the Task Leader to perform the tasks specified in point a, Clause 1, Article 3 of this Circular is calculated according to the following formula:

TLCN = 1.0 x DMCN x 20% x T

Where:

TLCN: Remuneration of the Task Leader;

DMCN: Monthly remuneration standard of the Task Leader as stipulated at point a, Clause 1, Article 4 of Circular No. 03/2023/TT-BTC;

T: Total time spent on the task (months).

3. The budget estimate for remuneration of the Scientific Secretary to perform the tasks specified in point a, Clause 2, Article 3 of this Circular is calculated according to the following formula:

TLTK = 0.3 x DMCN x 20% x T

Where:

TLTK: Remuneration of the Scientific Secretary;

DMCN: Monthly remuneration standard of the Task Leader as stipulated at point a, Clause 1, Article 4 of Circular No. 03/2023/TT-BTC;

T: Total time spent on the task (months).

4. The budget estimate for remuneration of the group of positions is calculated according to the following formula:

TLNCD = HCD x DMCN x ∑tNCD

Where:

TLNCD: Total remuneration of the group of positions specified in Clause 1 of this Article;

HCD: Scientific labor coefficient of the position specified in Clause 1, Article 4 of this Circular;

DMCN: Monthly remuneration standard of the Task Leader as stipulated at point a, Clause 1, Article 4 of Circular No. 03/2023/TT-BTC;

∑tNCD: Total number of months converted for participating in the implementation of the task by the group of positions.

5. The budget estimate for remuneration of the group of positions for the number of converted days not sufficient for a month is calculated according to the following formula:

TLNCD = HCD x DMCN x (∑tn/22)

Where:

TLNCD: Total remuneration of the group of positions specified in Clause 1 of this Article;

HCD: Scientific labor coefficient of the position specified in Clause 1, Article 4 of this Circular;

DMCN: Monthly remuneration standard of the Task Leader as stipulated at point a, Clause 1, Article 4 of Circular No. 03/2023/TT-BTC;

∑tn: Total number of converted days not sufficient for a month that the group of positions participates in implementing the science and technology task (tn < 22).

6. The preparation of the budget estimate for remuneration for positions and groups of positions is carried out according to the provisions at point a, Clause 1, Article 4 of Circular No. 03/2023/TT-BTC.

Article 6. Hiring general labor for task implementation

1. In cases where it is necessary to hire general labor for task implementation, the organization responsible for the task shall base on the content of the work requirements for hiring labor, explain the expected results of hiring labor, and prepare a detailed budget estimate in the task description.

2. The standard for hiring general labor for task implementation shall be carried out according to point b, Clause 1, Article 4 of Circular No. 03/2023/TT-BTC.

Article 7. Hiring domestic and foreign experts for research and task implementation

1. Cases where experts can be hired for collaborative research and task implementation:

a) When the task includes research contents that require collaboration with experts;

b) The hiring of experts is regulated by current legal documents. Specifically, some cases where experts can be hired are as follows:

- Provided for in point d, Clause 2, Part II of Decision No. 157/QĐ-TTg dated February 1, 2021 issued by the Prime Minister regarding the National Product Development Program until 2030;

- Provided for in point a, Clause 3, Part II, and point a, Clause 4, Part II of Decision No. 118/QĐ-TTg dated January 25, 2021 issued by the Prime Minister regarding the National Program for Technological Innovation until 2030;

- Provided for in point b, Clause 2, Part III of Decision No. 130/QĐ-TTg dated January 27, 2021 issued by the Prime Minister regarding the National High Technology Development Program until 2030;

- Provided for in point b, Clause 3, Article 8, point b, Clause 5, Article 13, point a, Clause 1, Article 14, Clause 3, Article 27, point a, Clause 3, Article 29, and point đ, Clause 2, Article 30 of Decree No. 76/2018/NĐ-CP dated May 15, 2018 of the Government detailing and guiding the implementation of certain provisions of the Law on Technology Transfer.

2. In cases where it is necessary to hire experts as provided for in point c, Clause 2, Article 4 of Circular No. 03/2023/TT-BTC, the organization responsible for the task shall base on the work requirements for hiring experts, clearly explain the necessity and expected results of hiring experts, prepare a detailed budget estimate in the task description for the selection committee to review and directly implement the task, and submit to the competent authority for approval and decision.

Article 8. Hiring independent consultants

1. During the management and implementation of tasks, the managing agency may hire independent consultants to:

a) Develop proposals for task orders;

b) Determine task orders;

c) Provide opinions before deciding to select organizations or individuals to implement the task;

d) Review and assess the actual material and technical facilities, human resources, and financial capacity of organizations or individuals proposed to lead or cooperate in implementing the task;

đ) Inspect and evaluate organizations or individuals leading the task during its implementation;

e) Advise and evaluate the acceptance of the task's results;

g) Prepare reports to propose to the national science and technology program management agency on the contents to effectively organize and implement the program's objectives.

2. During the process of inspecting, evaluating, and accepting tasks, the managing agency may hire independent consultants as stipulated in Clause 6, Article 2 of this Circular.

3. The standard for hiring experts and independent consultants shall be implemented according to Circular No. 03/2023/TT-BTC and current regulations.

Chapter III
IMPLEMENTATION

Article 9. Transitional Provisions

For tasks approved by the competent authority before the effective date of this Circular, the standards at the time of task approval shall continue to apply until the completion of the task implementation period.

Article 10. Effective Date

1. This Circular takes effect from June 23, 2023.

2. In cases where the referenced documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replacement documents.

3. Article 5, point a, Clause 1, Article 7, and point b, Clause 1, Article 7 of the Joint Circular No. 55/2015/TTLT-BTC-BKHCN dated April 22, 2015 of the Ministry of Finance and the Ministry of Science and Technology guiding the standards for building, allocating, and settling the budget for scientific and technological tasks funded by the state budget shall cease to be effective from the date this Circular takes effect.

4. During the implementation, if there are difficulties or obstacles, agencies, organizations, and individuals are advised to report to the Ministry of Science and Technology for prompt resolution./.