Circular No. 03/2017/TT-BKHCN Amending and supplementing certain articles of Circular No. 07/2014/TT-BKHCN dated May 26, 2014 of the Minister of Science and Technology on the procedures for determining national science and technology tasks funded by the state budget.

TCIRCULAR

Provincial People's Committees set specific pricesamending and supplementing certain articles of Circular No. 07/2014/TT-BKHCN

dated May 26 the 5 year 2014 issued by the Minister of Science and Technology

stipulates the procedures for determining national science and technology tasks

at the national level using the state budget

_______________________________

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

On the basis 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;

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 the proposal of the Director Department of Planning - Synthesis and Head of the Department The Minister of Science and Technology issues this Circular guiding the establishment of small and medium enterprise (SME) incubation centers, technical support centers for SMEs, and shared working spaces supporting innovative startups of SMEs

Article 1. Amending and supplementing some articles of Circular No. 21/2023/TT-BTTTT dated December 31, 2023 of the Ministry of Information and Communications on functions and technical features of the Administrative Procedure Handling Information System at the ministerial and provincial levels (hereinafter referred to as Circular No. 21/2023/TT-BTTTT) as follows: The Ministry of Science and Technology issues Circular amending and supplementing certain Articles of Circular No. 07/2014/TT-BKHCN dated May 26, 2014 issued by the Minister of Science and Technology stipulates the procedures for determining national science and technology tasks using state budget funds (hereinafter referred to as Circular No. 07/2014/TT-BKHCN).

Article 1. Amend and supplement amends some articles of Circular No. 07/2014/TT-BKHCN as follows:

1. Clause 1 of Article 1 shall be amended and supplemented as follows:

"1. This Circular stipulates the procedures for determining national science and technology tasks using state budget funds under the forms of scientific and technological research topics (hereinafter referred to as topics); experimental production projects (hereinafter referred to as projects); scientific programs; scientific and technological projects."

4. State Bank Branch in Border Province is the State Bank Branch in provinces sharing borders with China, Laos, and Cambodia.

“Article 2. Interpretation of Terms

1. Proposing orders for national science and technology tasks (hereinafter referred to as bidding proposals) are proposals for national science and technology tasks made by organizations and individuals that are considered for bidding by the Ministry of Science and Technology, ministries, agencies at the level of ministries, provincial people's committees, and other central-level state agencies (hereinafter collectively referred to as ministries, sectors, localities).

2. National science and technology bidding tasks are national science and technology tasks assigned by ministries, sectors, and localities to be bid out to organizations and individuals with the necessary capacity to implement them.".

3. Article 3 is amended and supplemented as follows:

“Article 3. Basis for bidding proposals

1. National, sectoral, and local strategies and plans for socio-economic development.

2. National science and technology development strategy and directions, goals, and tasks for the five-year or ten-year period.

3. Important scientific and technological issues aimed at addressing national tasks related to security, defense, natural disasters, epidemics, and scientific and technological development or special tasks arising from the requirements of Party and State leadership.”.

4. Article 4 shall be amended and supplemented as follows:

“Article 4. Principles for determining bidding proposals and approving national science and technology tasks

1. Ministries, sectors, and localities direct the determination of bidding proposals and the approval of national science and technology bidding tasks within their assigned management scope.

2. The determination of bidding proposals and the approval of national science and technology bidding tasks by ministries, sectors, and localities must be consistent with the orientation and progress of annual science and technology plan construction guided by the Ministry of Science and Technology.

3. For bidding proposals for science and technology tasks not within the management authority of their own ministries, sectors, or localities, they shall proactively transfer them to other relevant ministries, sectors, or localities in accordance with their assigned management areas.”.

5. Article 5 shall be amended and supplemented as follows:

“Article 5. Procedures for determining national science and technology bidding tasks

1. Ministries, sectors, and localities assigned management responsibilities aggregate bidding proposals and make their own bidding proposals based on the bases specified in Article 3 of this Circular.

2. Organizations building bidding proposals shall follow the procedures stipulated in Chapter III of this Circular.

3. Ministries, sectors, and localities assigned management responsibilities organize advisory boards to determine national science and technology tasks (referred to as boards or advisory boards) according to the list of tasks under consideration in Clause 2 of this Article and the provisions in Chapter IV of this Circular to determine national science and technology bidding tasks.

4. Ministries, sectors, and localities assigned management responsibilities approve the list of national science and technology bidding tasks and publicly announce it so that organizations and individuals with the necessary capacity can participate in selection or direct assignment, while simultaneously transferring it to the Ministry of Science and Technology for consolidation and management.”

6. Clause 3 of Article 6 is amended and supplemented as follows:

"3. Specific requirements for projects

a) Scientific and technological technology or products capable of application or originating from the results of applied research and technology development topics that have been evaluated, accepted, and recommended for implementation by a scientific and technological council, or are the results of exploiting inventions or utility models;

b) Scientific and technological technology or products expected to ensure stability at small-scale production levels and feasibility in application or product development at large-scale production levels;

c) Possess the ability to mobilize funding from enterprises or organizations and individuals with non-state budget capital to implement.”

7. Article 8 shall be amended and supplemented as follows:

“Article 8. Requirements for science and technology projects

Science and technology projects must meet the following requirements:

1. Address scientific and technological issues directly serving key investment production projects of national, sectoral, and local priority products, or to create products that have competitive features, quality, and price compared to similar products produced domestically or imported.

2. The results generated must ensure application and enhance the economic efficiency of the investment production project; have the potential to spread or have long-term impact on the development of science and technology in the sector or field.

3. Have a plan to mobilize financial resources outside the budget.

8. Article 10 is amended and supplemented as follows:

“Article 10. Compilation of Order Proposals

1. Based on the progress of implementing the annual science and technology plan or according to urgency, ministries, sectors, and localities announce the orientation for developing priority science and technology of the country, ministry, sector, or locality and the deadline for submitting order proposals. Order proposals shall be made according to the templates issued together with this Circular: research topic or science program according to Template A1-DXNV; project according to Template A2-DXNV and science and technology project according to Template A3-DXNV.

2. Compilation of Order Proposals

a) Ministries, sectors, and localities compile order proposals and independently propose scientific and technological issues that need to be resolved at the national level;

b) Ministries, sectors, and localities select order proposals that meet the order requirements;

c) For order proposals not within their management scope, they send them to the relevant ministries, sectors, or localities for consideration and implementation, and notify the agencies, organizations, and individuals who submitted the proposals.

9. Article 11 shall be amended and supplemented as follows:

“Article 11. Building Order Proposals

For order proposals that meet the order requirements, the ministries, sectors, and localities responsible for management organize advisory boards to determine tasks in accordance with the provisions of Chapter IV of this Circular.

10. Clause 1 and Point a Clause 2 Article 14 are amended and supplemented as follows:

"1. The content of the ordered scientific and technological task is reflected through the name and two sections: Orientation of objectives and Requirements for results, ensuring compliance with the requirements stipulated in Articles 6, 7, and 8 of this Circular.

2. The section on Requirements for results must include technical parameters, quantity requirements, quality or specific quantitative and qualitative indicators of the product created. Depending on the type of scientific and technological task, these requirements should be expressed as follows:

a) For applied research topics and technology development: requirements for technology or product at the prototype stage and requirements for technology development or scientific and technological product in production stages;"

11. Article 15 is amended and supplemented as follows:

“Article 15. Establishment of Advisory Boards

The heads of ministries, sectors, and localities assigned to manage decide to establish advisory boards according to the specialized fields of science and technology suitable for the field of order proposals. The board may advise on one or several order proposals in the same field or specialized area of science and technology.

12. Article 16 shall be amended and supplemented as follows:

“Article 16. Composition of Advisory Boards

1. The advisory board consists of from five to nine members, including the chairman, vice-chairman, and other members. The chairman, vice-chairman, and members of the advisory board are experts in science and technology, economics, or experienced managers from relevant industries, fields, and enterprises expected to benefit from the research results. Among them, at least two members have deep expertise in the board to serve as critical experts for each order proposal.

2. The heads of ministries, sectors, and localities, based on the content of the order proposal, decide the number of members and composition of the board in accordance with the provisions of Clause 1 of this Article.

3. For complex or special requirement order proposals, the head of the ministry, sector, or locality may decide the number of members and composition of the board differently from the provisions of Clauses 1 and 2 of this Article.

13. Article 17 is amended and supplemented as follows:

“Article 17. Working Methods of Advisory Boards

1. The meeting of the board must have at least five members present (for boards established with five to seven members) or at least two-thirds of the members present (for boards established with more than seven members), including the chairman or vice-chairman authorized by the chairman, and critical experts.

2. Members of the Advisory Board are responsible for:

a) Study materials provided by ministries, sectors, and localities and review and evaluate order proposals according to the templates prescribed and issued together with this Circular: Template B1-TVHD for topics and projects; Template B2-TVHD for science programs; and Template B3-TVHD for science and technology projects;

b) Critical experts are responsible for revising or building new contents for the proposed scientific and technological tasks to be discussed during the board's meeting.

3. Materials must be sent to board members at least five working days before the board meeting. The materials include:

a) Order proposals;

b) Extracts of requirements stipulated in Articles 6, 7, 8, and 14 of this Circular;

c) Necessary forms and appendices appropriate to the order proposals as stipulated in Clause 2 of this Article;

d) Results of information searches on state-budget-funded topics and projects related to the order proposal under the form of topics and projects according to Template C0-TCTT issued together with this Circular;

đ) Other relevant professional materials (if any).

4. The advisory board works according to the principle of democratic centralism. Board conclusions are adopted when more than three-quarters of the present members agree by voting.

5. Different opinions of members are compiled by the board's scientific secretary for discussion and voting approval. Members can request to retain their opinion if it differs from the board's conclusion. Members are individually responsible for their opinions and collectively responsible for the board's conclusions.

6. Ministries, sectors, and localities appoint administrative secretaries to assist in preparing materials and organizing board meetings.

14. Amend Clause 2 of Article 18 as follows:

“2. The representative of ministries, sectors, localities shall summarize the requirements for the council.”

15. Article 23 is amended and supplemented as follows:

“Article 23. Approval of scientific and technological tasks commissioned at the national level

1. Within seven working days from the date of receipt of the council's work results, the ministry, sector, locality assigned to manage shall instruct the heads of departments or directors of subordinate agencies to review the procedures and processes of the council's work, examine the advisory opinions of the council on the commissioned scientific and technological tasks according to the requirements set forth in Articles 6, 7, and 8 of this Circular. If necessary, the ministry, sector, locality assigned to manage may seek the advisory opinion of one to two independent domestic or foreign experts or establish another council to re-determine the scientific and technological tasks.

2. Based on the results of the review and the advisory opinions (if any) stipulated in Clause 1 of this Article, the ministry, sector, locality assigned to manage shall approve the commissioned scientific and technological tasks. Within five working days from the date of approval, the ministry, sector, locality shall publicly announce the commissioned scientific and technological tasks on their electronic portal for selection or direct assignment to organizations or individuals with the capability to implement them.

3. Within fifteen working days from the date of approval of the commissioned scientific and technological tasks, the ministry, sector, locality assigned to manage shall publicly announce the results of determining the scientific and technological tasks for the proposals that were not approved on their electronic portal so that organizations and individuals are aware.”

Replace the Model Forms issued together with Circular No. 07/2014/TT-BKHCN with the Model Forms issued in the Appendix to this Circular.

Article 2.

Repeal Article 9, Article 12, Article 13, Point e Clause 2 of Article 14, and Article 22 of Circular No. 07/2014/TT-BKHCN.

Article 3. Effectiveness

1. This Circular takes effect from May 19, 2017.

2. During the implementation process, if any difficulties arise, please promptly report to the Ministry of Science and Technology for research and amendment./.