Circular No. 04/2023/TT-BKHCN Amending and Supplementing Certain Provisions of Circulars on the Management of National Science and Technology Tasks

CIRCULAR

Amending and supplementing certain articles of Circulars on management of national-level scientific and technological tasks

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

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

At the proposal of the Director of the Legal Department;

The Minister of Science and Technology issues this Circular amending and supplementing certain articles of Circulars on management of national-level scientific and technological tasks.

Article 1. Amending and supplementing certain articles of Circular No. 05/2015/TT-BKHCN dated March 12, 2015, issued by the Minister of Science and Technology on the organization of managing national-level scientific and technological programs (hereinafter referred to as Circular No. 05/2015/TT-BKHCN)

1. Amending and supplementing Clause 1, Article 12 as follows:

"1. Based on the Decision approving the task of the Program, the Ministry shall organize the signing of contracts for implementing the task with the leading organization according to the Model Research and Scientific and Technological Development Contract issued by the Minister of Science and Technology.

For tasks of the Program managed by the Ministry of Science and Technology, the Ministry of Science and Technology will delegate the financial management unit to sign contracts with the leading organization."

2. Amending and supplementing Clause 1, Article 17 as follows:

"1. The Ministry shall organize the termination of contracts with the leading organization according to regulations. For tasks of the Program managed by the Ministry of Science and Technology, the Ministry of Science and Technology will delegate the financial management unit to terminate contracts."

Article 2. Amending and supplementing certain articles of Circular No. 09/2014/TT-BKHCN dated May 27, 2014, issued by the Minister of Science and Technology on the management of national-level scientific and technological tasks (hereinafter referred to as Circular No. 09/2014/TT-BKHCN)

1. Amending and supplementing the name of Article 8 and Clause 1, Article 8 as follows:

"Article 8. Signing contracts, terminating contracts to implement tasks

1. The Ministry of Science and Technology delegates the financial management unit to sign contracts, terminate contracts to implement tasks with the leading organization of the task."

2. Removing the phrase "and terminate contracts" at Clause 2, Article 11 and Point e, Clause 1, Article 13.

Article 3. Amending and supplementing certain articles of Circular No. 10/2019/TT-BKHCN dated October 29, 2019, issued by the Minister of Science and Technology on the management of scientific and technological tasks under Memoranda of Understanding (hereinafter referred to as Circular No. 10/2019/TT-BKHCN)

1. Amending and supplementing Article 18 as follows:

"Article 18. Organizing the signing of contracts to implement Memorandum of Understanding tasks

The Ministry of Science and Technology delegates the financial management unit of the Memorandum of Understanding task to sign contracts with the leading organization to implement the approved Memorandum of Understanding task according to the Model Research and Scientific and Technological Development Contract issued by the Minister of Science and Technology."

2. Amending and supplementing Clause 1, Article 20 as follows:

"1. The procedures and formalities for evaluating acceptance of results, terminating contracts, and recognizing the results of implementing Memorandum of Understanding tasks shall be carried out in accordance with Circular No. 11/2014/TT-BKHCN dated May 30, 2014, issued by the Minister of Science and Technology on guidelines for evaluating and accepting results of implementing national-level scientific and technological tasks funded by state budget (hereinafter referred to as Circular No. 11/2014/TT-BKHCN).

The Ministry of Science and Technology delegates the financial management unit of the Memorandum of Understanding task to terminate contracts."

Article 4. Transitional Provisions

For national-level scientific and technological tasks that have signed contracts before the effective date of this Circular, the relevant provisions of Circular No. 05/2015/TT-BKHCN, Circular No. 09/2014/TT-BKHCN, and Circular No. 10/2019/TT-BKHCN shall continue to apply.

Article 5. Implementation Provisions

1. This Circular takes effect from June 30, 2023.

2. Heads of units under the Ministry, heads of agencies and organizations, and individuals concerned are responsible for implementing this Circular.

3. In the course of implementation, if there are difficulties, agencies, organizations, and individuals are requested to report to the Ministry of Science and Technology for research and consideration to amend and supplement appropriately./.