Decision No. 05/2003/QD-BXD Regarding the Issuance of the Regulation on Managing Scientific and Technological Tasks, Environment, and Economic Project Programs in the Construction Industry

DECISION OF THE MINISTER OF CONSTRUCTION

Regarding the issuance of the Management Regulation for Scientific and Technological Tasks, Environment

and Economic Public Service Projects in Construction

THE MINISTER OF CONSTRUCTION

Pursuant to the Law on Science and Technology issued by the President's Decree No. 21/2000/QH10 dated June 9, 2000;

Pursuant to the Governmental Decree No. 15/NĐ-CP dated March 4, 1994 stipulating the functions, tasks, authorities, and organizational structure of the Ministry of Construction;

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

At the proposal of the Director of the Department of Science and Technology, the Director of the Department of Planning and Statistics, and the Director of the Department of Finance and Accounting,

DECISION:

Article 1. The attached Decision promulgates the "Management Regulation for Scientific and Technological Tasks, Environment and Economic Public Service Projects in Construction".

Article 2. This Decision shall take effect fifteen days from the date of issuance and shall replace Decision No. 513/1998/QĐ-BXD dated July 14, 1998 and Decision No. 08/2001/QĐ-BXD dated May 25, 2001 of the Minister of Construction.

Article 3. The officials: Head of the Ministry’s Office, Directors of the Departments: Department of Science and Technology, Department of Planning and Statistics, Department of Finance and Accounting and Heads of related units are responsible for implementing this Decision./.

REGULATIONS

Management of scientific and technological tasks, environment

and economic public service projects in construction

(Issued together with Decision No. 05/2003/QĐ-BXD dated March 11, 2003)

of the Minister of Construction)

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Regulation specifies the management of scientific and technological tasks, environment, and economic public service projects, from the stage of identifying tasks, developing plans, reviewing, signing contracts, allocating funds, organizing implementation, inspecting, accepting results, terminating contracts, and applying results to practice.

Article 2. Applicability

This Regulation applies to organizations and individuals who meet the conditions to implement scientific and technological tasks, environmental protection, and economic public service projects in the construction sector as prescribed by law.

Article 3. Definitions

1. Scientific and technological tasks and environmental protection are issues of science and technology and environmental protection in the construction sector that need to be resolved, organized and implemented in the form of research topics, projects, key science and technology programs of the industry.

2. Economic public service projects are projects for investigation, survey to serve state management of the industry, typical design, model design.

3. Lead Departments (Department of Science and Technology, Department of Planning and Statistics) are lead departments responsible to the Minister for scientific and technological work, environmental protection, and economic public service projects funded by the state budget allocated to the Ministry of Construction.

4. Specialized Departments - Bureaus, Departments, Inspectors, and Office shall monitor and inspect the implementation of scientific and technological tasks and environmental protection and economic public service projects according to their specialized management functions.

Article 4. Implementation Forms

Scientific and technological tasks, environmental protection, and economic public service projects are accepted for implementation through the form of contract signing.

Contracts for implementing scientific and technological tasks and environmental protection and economic public service projects funded by the state budget are assignment contracts, not economic contracts.

Chapter II

IMPLEMENTATION OF SCIENTIFIC AND TECHNOLOGICAL TASKS

& ENVIRONMENTAL PROTECTION AND ECONOMIC PUBLIC SERVICE PROJECTS

Article 5. Scientific and technological tasks and environmental protection include:

1. Research topics on science and technology and environmental protection (science and technology and environmental protection topics), including:

- Basic theoretical research topics

- Applied research topics

- Topics on application, innovation, and development of technology

- Technical standards, norms, quotas, procedures, and regulations

2. Technology development projects and experimental production projects

Experimental production projects include one or several main contents as follows:

- Completing technology or production lines, supplementing or manufacturing new equipment, measuring instruments

- Producing new products experimentally

- Establishing models of organizational management and production according to established technological processes.

- Training management, technology, and technical staff.

3. Key research and technology development programs at the Industry level (key programs) include science and technology and environmental protection topics, experimental production projects within the program aimed at enhancing capacity in priority areas of development in the Construction Industry.

Article 6. Economic public service projects include:

- Investigation and survey projects serving the formulation of directions, strategies, potential, and development orientation of the Industry and key tasks assigned by the Government to the Ministry of Construction.

- Investigation, evaluation, and research projects proposing mechanisms and policies to serve Industry management.

- Typical designs, model designs

Article 7. Sources of funding for scientific and technological tasks and environmental protection and economic public service projects

1. For scientific and technological tasks and environmental protection:

- State budget for scientific public services

- Recovered funds from scientific and technological tasks with recovery

- Other sources of capital (if any)

2. For economic public service projects:

Annual economic public service budget allocated by the State to the Ministry of Construction

Article 8. Identification of scientific and technological tasks and environmental protection and economic public service projects:

Scientific and technological tasks and environmental protection and economic public service projects are identified and implemented according to the following procedure:

1. Proposing a list of tasks:

Each year, specialized departments and units under the Ministry propose scientific and technological tasks and environmental protection and economic public service projects to be researched and resolved in the form of topics and projects based on priority scientific and technological directions, national key scientific and technological tasks and environmental protection, socio-economic development needs, and management tasks of the Industry, practical management and production requirements of the Construction Industry.

2. Requirements for proposed tasks must clearly specify:

- Necessity and feasibility

- Clear objectives

- Practical effectiveness

- Main content to be studied

- Anticipated applicability, address, and time frame.

(Registration form for topics and projects attached to this Regulation)

3. Deadline for registration:

Registration and proposal of scientific and technological tasks and environmental protection and economic public service projects must be completed before June 30 of the preceding year.

4. Compilation and determination of the list of tasks:

a) For scientific and technological and environmental tasks:

The Department of Science and Technology compiles the list of scientific and technological and environmental tasks based on the proposals from units reporting, seeking opinions from Deputy Ministers responsible for the field before submitting to the Task Determination Council for review.

Based on the results of the Task Determination Council's consultation, the Department of Science and Technology compiles the list of tasks to report to the Minister for consideration and decision.

b) For economic public service projects:

The Planning and Statistics Department compiles the list of economic public service projects based on the proposals from units reporting, seeking opinions from Deputy Ministers responsible for the field, and compiles to submit to the Minister for consideration and decision.

Article 9. Implementation of scientific and technological and environmental tasks and economic public service projects

1. Approval of outline and budget estimate

Based on the list of tasks approved by the Minister, the lead Departments notify the units assigned to implement the tasks to prepare detailed outlines while proposing the establishment of a Review Board for the detailed outline and budget estimate of the topics and projects.

Specifically, topics and projects under the scientific and technological program and key technology development programs will organize the selection of units and individuals in charge according to state regulations.

(Model outline and description of topics and projects attached to this Regulation)

The approval of the detailed outline and budget estimate must be completed before September 30 of the year preceding the planning year to serve as the basis for reporting the plan to the State.

Units selected to implement national-level topics and projects must report to the Ministry (through the Department of Science and Technology) to monitor and inspect the implementation process of the topics and projects...

2. Signing contracts:

Based on the outline and budget estimate approved by the Ministry, the Minister delegates authority to the heads of the lead Departments to sign contracts as representatives of Party A to implement scientific and technological and environmental tasks and economic public service projects.

The contract is signed in six copies, three copies for each party (Party A: Lead Department 1 copy, Specialized Department 1 copy for monitoring, Financial and Accounting Department 1 copy for monitoring disbursement of funds).

(Model contract attached to this Regulation)

The signing of the contract must be completed in the first quarter of the planning year.

Rights and obligations of the parties involved in the contract are implemented according to current state regulations.

The leading units of topics and projects have the right to sign contracts with units or individuals capable of implementing part of the work that the unit does not have sufficient conditions to carry out.

It is strictly prohibited to sign contracts for external units or individuals to undertake the entire topic or project.

3. Inspection and evaluation during the implementation of scientific and technological and environmental tasks and economic public service projects:

Specialized Departments coordinate with the Departments of Science and Technology, Planning and Statistics, and Financial and Accounting to organize regular inspections and evaluations of the implementation of scientific and technological and environmental tasks and economic public service projects within their specialized management scope regarding content, progress, and fund usage.

Specialized Departments must report to the Ministry's leadership the results of inspections and propose measures to address violations when discovered, and send to the Financial and Accounting Department as the basis for further disbursement of funds for monitored topics and projects.

Every three months, the leading units of topics and projects must report to the Ministry on the implementation status of the topics and projects.

4. Evaluation and acceptance of implementation results:

a) For scientific and technological and environmental tasks:

Scientific and technological and environmental tasks upon completion must be evaluated and accepted at the specialized science and technology council according to state regulations.

b) For economic public service projects:

The Planning and Statistics Department coordinates with the Specialized Department to propose the form of project acceptance.

Specifically, typical designs and sample designs must be accepted and evaluated by the Science and Technology Council.

Article 10. Management and disbursement of funds for contract implementation:

1. The Financial and Accounting Department collaborates with the Specialized Department to disburse funds based on the progress and volume of work of the topics and projects.

2. The recovery of funds for contracts implementing scientific and technological topics and projects with capital recovery is carried out according to current legal regulations.

The Departments of Science and Technology and Financial and Accounting are responsible for monitoring and urging. Annually, they compile and report to the Minister the situation of capital recovery repayment.

Article 11. Procedure for accepting topics and projects:

1. Thirty days before the end of the contract period, the head of the topic or project is responsible for completing the research result report to serve the acceptance process.

Topics and projects are accepted in two steps:

Step 1: Acceptance at the grassroots level

Step 2: Acceptance at the Ministry level

2. Documents for acceptance are as follows:

For scientific and technological and environmental tasks

a) At the grassroots level: the documents include:

- Research result report of the topic or project (including research products)

- Comments from the reviewing member

- Comments from the product application unit (if applicable)

b) At the Ministry level, the documents include:

- Proposal from the leading unit of the topic or project

- Decision to establish the Grassroots Science and Technology Council along with the meeting minutes of the Grassroots Science and Technology Council

- Comments from the reviewing members

- Full and summary reports of the topic or project sufficient for the Council (the number of reports depends on the number of Council members)

- Product samples and comments from the applying unit (if applicable).

For economic public service projects

a) In case of establishing an acceptance council

Follow the provisions of Section 1 of this Article.

b) In case of not establishing an acceptance council:

- The leading project unit submits a research result report to the Ministry.

- The Specialized Department prepares a review and critique report to the Minister.

- The Planning and Statistics Department drafts the acceptance decision.

3. Time limit:

Within ten days of receiving complete and valid documents, the Ministry will issue a decision to establish the acceptance council.

Not more than one month from the date of the decision to establish the acceptance council and having received comments from the reviewing members, the specialized science and technology council of the Ministry will convene the first session.

Article 12. Settlement and Contract Termination:

1. Settlement:

Within thirty days after the Ministry-level acceptance, the leading unit must complete the final settlement report of all funds spent on the topic or project. The Financial and Accounting Department organizes the audit and submits to the Ministry for approval of the settlement.

2. Contract Termination:

The Department shall be responsible for signing the contract to organize the termination of the contract in accordance with the provisions of the law.

Documents for terminating the contract include:

- A report on the results of the completed research topic or project based on the conclusion of the Ministry's Science and Technology Council.

- The report on adopting opinions and explaining the revised part by the head of the research topic or project.

- The acceptance board record of the Ministry.

- The approval document for the final settlement of the research topic or project.

The contract termination record shall be prepared in six copies, each party keeping three copies.

Article 13. Promote the application of research results in practical management and production.

1. The specialized department shall be responsible for organizing the promotion and application of research results in practice.

2. The leading units of the research topics or projects and the heads of these topics or projects shall be responsible for transferring research results into practice in accordance with the provisions of the law.

3. Enterprises under the Industry shall be responsible for coordinating and prioritizing the application of scientific and technological and environmental results to innovate management, technology, and improve the competitiveness of products that enjoy preferential treatment as prescribed by law.

Chapter III

RESPONSIBILITIES OF MANAGEMENT AUTHORITIES

Article 14. Department of Science and Technology

Shall be accountable to the Minister for managing science and technology and the environment within the entire Industry, overseeing the effective management and utilization of scientific and technological resources.

Shall be the focal point for compiling annual registration tasks in science and technology and the environment.

Shall coordinate with the Department of Finance and Accounting and the specialized department to review detailed outlines of research topics and projects and compile them for the Minister's approval.

Shall sign contracts and urge their implementation.

Shall be accountable to the Minister regarding the implementation of assigned science and technology and environmental tasks by units.

Shall be the focal point for working with the Ministry of Science and Technology and the Ministry of Natural Resources and Environment on the industry's science and technology and environmental plans.

Shall implement reporting systems for science and technology and environmental work according to state regulations.

Shall report to the Minister to suspend or terminate scientific and technological contracts if the recipient seriously breaches commitments recorded in the contract.

Shall have the right to request specialized management departments, units, and individuals in charge of science and technology and environmental tasks to report and provide information and data for periodic or ad hoc reports on the implementation of these tasks.

Article 15. Department of Planning and Statistics

Shall be accountable to the Minister for managing economic public service projects using funds within the entire Industry, specifically as follows:

- Shall be the focal point for compiling annual registration proposals for economic public service projects. Coordinate with the Department of Finance and Accounting and the specialized department to review detailed outlines of projects and compile them for the Minister's approval.

- Shall be the focal point for working with the Ministry of Planning and Investment and the Ministry of Finance on the industry's economic public service plans.

- Shall report to the Minister on budget allocation; Delegating the Minister's authority to notify the leading unit to complete procedures for implementing the project.

- Shall sign contracts and urge their implementation.

- Shall compile the implementation status of economic public service projects by units to report to the Ministry's leadership quarterly and to relevant state agencies as required.

- Shall report to the Minister to suspend or terminate contracts if the recipient seriously breaches commitments recorded in the contract.

- Shall have the right to request units, individuals in charge, economic public service projects, and specialized departments to report and provide information and data for periodic or ad hoc reports on implementation results.

Article 16. Hanoi, September 8, 2004

Shall compile the annual budget protection plan with the Ministry of Finance.

Shall lead the audit of budgets for science and technology and environmental tasks and economic public service projects before submitting to the Deputy Minister for signature and approval.

Shall allocate funds to units assigned to carry out science and technology and environmental tasks and economic public service projects based on notifications from the Department of Science and Technology or the Department of Planning and Statistics and monthly and quarterly performance reports from specialized departments.

Shall lead the inspection of fund usage and allocation for research projects.

Shall guide and resolve financial-accounting issues during the implementation of science and technology tasks.

Shall lead the audit and approval of final settlements for research projects after they are accepted by the Ministry.

Shall coordinate with the Department of Science and Technology to urge and inspect the recovery of funds from research projects that recover costs from the science and technology funding pool.

Article 17. Specialized Departments and Bureaus

Shall be accountable to the Minister for the professional content and lead the inspection and urging of implementation progress and quality of assigned science and technology and environmental tasks and economic public service projects.

Shall be the focal point for organizing the promotion and application of research results from topics and projects in practice.

Shall have the right to request units to provide reports and information related to managed specialties.

Shall report to the Minister to suspend tasks that are delayed or of poor quality.

Chapter IV

IMPLEMENTING PROVISIONS

Article 18. Effectiveness

This Regulation shall take effect fifteen days after its signing date.

All previous provisions contrary to these regulations are hereby abolished.

Article 19. Guidance and Responsibility for Implementation

1. Heads of the Departments of Science and Technology, Planning and Statistics, Finance and Accounting, and related specialized departments shall be responsible for guiding the implementation of this Regulation.

2. During implementation, if there are difficulties, units shall reflect them to the Ministry (through the Department of Science and Technology and the Department of Planning and Statistics) for timely supplementation and amendment.

3. Heads of units under the Ministry shall be responsible for implementing this Regulation./.