Decision No. 04/2007/QĐ-BKHCN on amending and supplementing certain articles of the "Regulations on Evaluation and Acceptance of State-Level Scientific and Technological Research Projects" issued together with Decision No. 13/2004/QĐ-BKHCN dated May 25, 2004 of the Minister of Science and Technology.

Pursuant to …;

Regarding amendments and supplements to certain articles of"Regulations on the evaluation and acceptance of national-level scientific and technological research projects" thu

Decision No. 13/2004/QĐ-BKHCN dated May 25, 2004 issued together with

Pursuant to Decree No. 81/2002/NĐ-CP dated October 17, 2002 of the Government detailing the implementation of certain provisions of the Law on Science and Technology;

THE MINISTER OF SCIENCE AND TECHNOLOGY ISSUES THE NATIONAL TECHNICAL REGULATION TO AMEND AND SUPPLEMENT CERTAIN PROVISIONS OF THE NATIONAL TECHNICAL REGULATION QCVN 1:2009/BKHCN ON GASOLINE, DIESEL FUEL, AND BIOFUELS PROMULGATED BY DECREE NO. 20/2009/TT-BKHCN DATED SEPTEMBER 30, 2009 OF THE MINISTER OF SCIENCE AND TECHNOLOGY.

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BỘ TRƯỞNG BỘ KHOA HỌC VÀ CÔNG NGHỆ

Pursuant to Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology, and Decree No. 28/2004/NĐ-CP dated January 16, 2004 amending and supplementing certain articles of Decree No. 54/2003/NĐ-CP;

Considering the proposals of the Heads of the Department of Planning and Finance, the Department of Science and Technology for Economic and Engineering Industries, and the Department of Social Sciences and Natural Sciences.

Amending and supplementing certain articles of the "Regulations on the evaluation and acceptance of national-level scientific and technological research projects" issued together with Decision No. 13/2004/QĐ-BKHCN dated May 25, 2004 of the Minister of Science and Technology as follows:

DECISION:

Article 1. 1. Amending and supplementing Clause 1 and Clause 2 of Article 3 as follows:

"1. Evaluation of project results at the basic level (hereinafter referred to as basic evaluation)

The basic evaluation shall be conducted by the Project's main organizing agency through a Scientific and Technological Council established by the Head of the Project's main organizing agency (hereinafter referred to as the Basic Evaluation Council) and must be completed within sixty days from the date of termination of the Contract.

The Basic Evaluation Council is responsible for advising the Head of the Project's main organizing agency on the assessment of the research results of the Project compared to the Contract and deciding to transfer the Project result evaluation file to the Ministry of Science and Technology for national-level evaluation.

For Projects submitting the basic evaluation file within six months from the end date of the Contract (hereinafter referred to as Projects submitting the evaluation file on time): The Basic Evaluation Council concludes the evaluation of the Project results at two levels: "Pass" or "Fail".

For Projects submitting the basic evaluation file late by more than six months from the end date of the Contract without approval from the Ministry of Science and Technology (hereinafter referred to as Projects submitting the evaluation file late): The Basic Evaluation Council evaluates according to the provisions of Clause 4 of Article 9 amended in this Regulation.

"2. Evaluation of project results at the national level (hereinafter referred to as national-level evaluation)

The national-level evaluation shall be carried out by a Scientific and Technological Council established by the Ministry of Science and Technology and must be completed within sixty days from the date of receipt of a valid national-level evaluation file.

The Ministry of Science and Technology will only establish a National Evaluation Council for Projects evaluated at the basic level as "Pass" (in cases where the evaluation file was submitted on time) or "Pass" in terms of scientific and technological content (in cases where the evaluation file was submitted late). Projects evaluated as "Fail" at the basic level will be reviewed and handled by the Ministry of Science and Technology according to the provisions of Clause 3 of Article 17 of this Regulation.

The National Evaluation Council bases its evaluation of the comprehensive research results of the Project on the evaluation file, including the conclusion of the Basic Evaluation Council and the comments on the Project's implementation results by the Program's Steering Committee (for Projects under Programs) and the report of the Expert Team (if any).

For Projects whose research results include technical parameters that can be measured (including computer software) - hereinafter referred to as Projects with measurable results, the authenticity of the technical parameters and technical documentation of the Project must be verified by an Expert Team before the National Evaluation Council convenes to evaluate."

2. Amending and supplementing Clause 2 and adding Clause 4 of Article 9 as follows:

"2. For Projects submitting the evaluation file on time: The Basic Evaluation Council classifies the Project into two levels: "Pass" or "Fail".

A Project classified as "Pass" is one that has been successfully completed with at least two-thirds of the members present agreeing that it has achieved the basic workload with quality meeting the technological or economic-technical requirements specified in the Contract and not violating any of the points b, c, d, đ of this clause.

A Project classified as "Fail" if it violates any of the following situations:

a) Not achieving or failing to achieve the basic workload and key indicators compared to the Contract;

b) Research results cannot be replicated, have no scientific value, or no practical value;

c) Provided files, documents, data are not truthful;

d) Seriously violating financial management principles for project funds (with a written conclusion by authorized inspection teams);

đ) Unilaterally changing objectives, contents, and design plans."

"4. For Projects submitting the evaluation file late: The Basic Evaluation Council classifies the Project into two aspects:

- Organizational implementation at the level of "Fail", and

- Scientific and technological content at the level of "Pass" or "Fail" according to the provisions of Clause 2 amended in this Article."

3. Amending and supplementing Clause 1 and Point a of Clause 3 of Article 10 as follows:

"1. Within fifteen days from the date of the Basic Evaluation Council's conclusion, the Project's main organizing agency and Project Leader must submit thirteen (13) sets of files to the Ministry of Science and Technology for Projects evaluated as "Pass" (in cases where the evaluation file was submitted on time) or "Pass" in terms of scientific and technological content (in cases where the evaluation file was submitted late). Types of documents in the Project file such as original design drawings (for equipment products), original survey data, original logbooks or original data books of the Project, and the final scientific and technical report (acceptance report) of the Project only need to be submitted in three copies."

"3. For Projects classified as "Fail" listed in point a below, the Basic Evaluation Council is responsible for reviewing and determining the contents of work performed in accordance with the Contract as the basis for the Ministry of Science and Technology to consider recognizing the amount of funds to be settled for the Project:"

"3. For the Research Topics evaluated as 'Not Achieved' listed in point a below, the Evaluation Council is responsible for reviewing and determining the contents of work that have been properly carried out according to the Contract, serving as the basis for the Ministry of Science and Technology to consider recognizing the amount of funds to be settled for the Research Topic:

a) The topic is evaluated as "Not Achieved" due to violation of one of points b, c, d, đ Clause 2 amended of Article 9 of this Regulation.

4. Amend and supplement Clause 3 of Article 16 as follows:

"3. The Council votes to score Valid ballots are those that score equal to or lower than the maximum score recorded on each corresponding evaluation criterion sheet. The overall evaluation level of the topic is calculated as the average score of the Council members.

The ballot counting team reports to the Council the results of the ballot counting according to Form D2-7-KPĐGĐTSĐ-NN.

3. 1. For topics submitting evaluation files within the deadline:

The Council classifies the topic into one of two levels: "Achieved" or "Not Achieved".

a) Topics evaluated at the level "Achieved" are those achieving a total score of 20 points or more and not violating one of points b, c, d, đ Clause 2 amended of Article 9 of this Regulation. The "Achieved" level is divided into levels A, B, C corresponding to scores from high to low;

b) Topics below are evaluated at the level "Not Achieved":

Have a total score less than 20 points, or:

Violate one of points b, c, d, đ Clause 2 amended of Article 9 of this Regulation.

3. 2. For topics submitting evaluation files beyond the deadline:

The Council scores and classifies the topic based on two aspects:

- Scientific and technological content at the level of "Pass" or "Fail" according to the provisions of Clause 2 amended in this Article."

- Scientific and technological content at the level "Achieved" or "Not Achieved" as stipulated in point 3.1 amended of this clause.

5. Amend and supplement Article 18 as follows:

"Article 18. Recording Evaluation Results and Submitting Research Outcome Reports

For topics evaluated at the level "Achieved" (in cases where the topic submits evaluation files within the deadline) or "Achieved" regarding scientific and technological content (in cases where the topic submits evaluation files beyond the deadline), within 20 days from receiving the completed topic file, the Ministry of Science and Technology shall be responsible for completing the review and recording the evaluation results. In cases where it is found that the conclusions in the Council's evaluation minutes are inconsistent with this Regulation, the Ministry of Science and Technology may request the Councils, Expert Groups, and/or Testing Agencies to supplement and amend.

In cases where the topic results have been evaluated by various levels of Councils and concluded at the level "Not Achieved," the Ministry of Science and Technology bases its review and recording of the evaluation results on the Council's conclusions.

All documents, materials, and evaluation result files of the topic are classified, stored, and preserved by the Ministry of Science and Technology and the main agency of the topic; the main agency of the topic and the topic leader are responsible for submitting research outcome reports to the National Science and Technology Information Center in accordance with current regulations.

6. Amend and supplement the Basic Evaluation Sheet Form D1-4-PĐGĐT-CS to Form D1-4-PĐGĐTSĐ-CS; Basic Evaluation Counting Sheet Form D1-5-KPĐGĐT-CS to Form D1-5-KPĐGĐTSĐ-CS; Basic Evaluation Minutes Form D1-6-BBĐGĐT-CS to Form D1-6-BBĐGĐTSĐ-CS; Evaluation Sheet Form D2-6-PĐGĐT-NN to Form D2-6-PĐGĐTSĐ-NN, Form D2-6-PĐGDA-NN to Form D2-6-PĐGDASĐ-NN; Scoring Counting Sheet Form D2-7-KPĐGĐT-NN to Form D2-7-KPĐGĐTSĐ-NN; National Level Evaluation Minutes Form D2-8-BBĐGĐT-NN to Form D2-8-BBĐGĐTSĐ-NN; Recording Evaluation Results Form D3-1-GNKQĐG-NN to Form D3-1-GNKQĐGSĐ-NN; Appendix 1 to Appendix 1SĐ; Appendix 2 to Appendix 2SĐ and Appendix 4 to Appendix 4SĐ.

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. The Heads of the Planning and Finance Department, the Economic and Engineering Sciences Department, the Social Sciences and Natural Sciences Department, the Director of the Office, the Heads of units under the Ministry, and the Heads of related agencies are responsible for implementing this Decision./. the heads of relevant agencies and organizations are responsible for implementing this Decision./."