Circular No. 05/2010/TT-BVHTTDL on the examination and approval of scientific research topics and pilot production projects of the Ministry of Culture, Sports and Tourism.

CIRCULAR

Regulations on the examination and approval of scientific and technological research topics and experimental production projects of the Ministry of Culture, Sports and Tourism

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Based on the Law on Science and Technology No. 21/2000/QH10 dated June 9, 2000; Government Decree No. 81/2002/NĐ-CP dated October 17, 2002 detailing the implementation of certain provisions of the Law on Science and Technology;

Pursuant to Decree No. 185/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

The Ministry of Culture, Sports and Tourism stipulates the examination and approval procedures for scientific and technological research topics and experimental production projects at the ministerial level as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Article 1. Scope of Regulation and Applicability

1. This Circular regulates the management and organization of the examination to include in the annual plan scientific and technological research topics and experimental production projects at the ministerial level using the state budget funds for science and technology activities of the Ministry of Culture, Sports and Tourism.

2. This Circular applies to agencies and units under the Ministry of Culture, Sports and Tourism and related organizations and individuals.

Article 2. Interpretation of Terms

1. The proposal Scientific and technological research topics at the ministerial level using the state budget funds for science and technology activities of the Ministry of Culture, Sports and Tourism (hereinafter referred to as the topic) mainly studies a scientific and technological subject in the fields of culture, family, physical education, sports, and tourism, including scientific research and development topics, social sciences and humanities topics. The topic can be independent or part of a project or program.

2. Experimental production projects at the ministerial level using the state budget funds for science and technology activities of the Ministry of Culture, Sports and Tourism (hereinafter referred to as the project) is the small-scale production trial of new technologies and products created from the application of scientific research results to perfect such technologies and products before they are put into production and use.

3. Examination and approval of topics and projects is the process of reviewing topics and projects to include them in the annual plan (five-year plan and annually) comprising the following steps: determining tasks; selecting or examining; evaluating; approving.

4. Determining tasks is the selection of research ideas in scientific and technological topics and projects implemented based on research directions and guidance provided by the Ministry of Culture, Sports and Tourism.

5. Selecting is the selection of organizations and individuals with the best capacity and experience to lead the implementation of topics and projects through the review and evaluation of registration files submitted according to the requirements and criteria specified in this Circular.

6. Selection is the selection of organizations and individuals to lead the implementation of topics and projects according to orders from the Ministry of Culture, Sports and Tourism through the review and evaluation of files prepared directly by organizations and individuals with sufficient capacity and conditions according to the requirements and criteria specified in this Circular.

7. Appraisal is the review and inspection aimed at assessing the content and budget of topics and projects before deciding to implement them.

Article 3. Examination Procedure

The examination procedure for topics and projects is carried out as follows:

1. Determine topics and projects.

a) Propose topics and projects;

b) Establish advisory boards to determine topics and projects (hereinafter referred to as the Advisory Board for Determining Topics and Projects);

c) Decide to approve the list of topics and projects for selection and examination.

2. Select and examine organizations and individuals leading the implementation of topics and projects.

a) Announce the selection and examination;

b) Open the selection file;

c) Establish advisory boards for selection and examination (hereinafter referred to as the Advisory Board for Selection and Examination);

d) Decide to approve the results of the selection and examination;

e) Announce the results of the selection and examination to selected organizations and individuals.

3. Evaluate topics and projects that have been selected and examined (hereinafter referred to as the evaluation).

a) Establish evaluation teams;

b) Organize meetings of the evaluation teams.

4. Approve topics and projects for implementation.

Article 4. Responsibilities of the Department of Science, Technology and Environment

1. Submit to the Minister of Culture, Sports and Tourism for the establishment of advisory councils to determine research topics and projects; advisory councils to select organizations and individuals to lead the implementation of research topics and projects; and review teams;

2. Submit to the Minister of Culture, Sports and Tourism for approval of research topics and projects to be implemented;

3. Take the lead and coordinate with relevant agencies and units to resolve issues arising during the review process of research topics and projects.

II. ORGANIZATION TO DETERMINE RESEARCH TOPICS AND PROJECTS

Article 5. Basis for proposing research topics and projects

1. Based on the development strategy of cultural, family, physical education, sports, and tourism sectors over five years and annually by the Ministry of Culture, Sports and Tourism;

2. Based on the direction for scientific and technological development by the Government and the Ministry of Culture, Sports and Tourism;

3. Based on the objectives and research contents of the Ministry's science and technology programs for the planning year and each period;

4. In accordance with research orders from the Ministry's leadership and management units within the Ministry to serve leadership, management, operation, and urgent requirements at the unit level;

5. In accordance with urgent requests from the Ministry's leadership regarding science and technology work to address critical issues of the Ministry;

6. Based on the practical applicability of research topic and project products.

Article 6. Proposing research topics and projects

1. Annually, based on the bases stipulated in Article 5 of this Circular, the Ministry of Culture, Sports and Tourism will announce and guide the proposal of research topics and projects.

2. Proposers:

a) Agencies, units, and individuals under the Ministry of Culture, Sports and Tourism;

b) Scientific and technological organizations and individuals engaged in scientific and technological activities outside the Ministry of Culture, Sports and Tourism who propose through subordinate agencies and units of the Ministry of Culture, Sports and Tourism.

3. Information on proposed research topics and projects shall be recorded according to the Research Topic and Project Proposal Form (Annex 1a, Annex 1b).

4. The Department of Science, Technology and Environment will collect proposals and classify research topics and projects by field group to include them in the preliminary list of science and technology tasks.

Article 7. Criteria for determining research topics and projects

1. Criteria for determining research topics.

a) Proposed based on the bases set out in Article 5 of this Circular;

b) Scientific significance: New and innovative in terms of science and technology;

c) Practical significance: Directly or contribute to solving urgent theoretical and practical issues; meet the development needs of the cultural, sports, and tourism industries and other sectors under the Ministry;

d) Feasibility: Consistent with the current scientific and technological capabilities of the industry and the country in terms of scientific and technological personnel qualifications, equipment, facilities, and time frame; capable of mobilizing domestic and foreign resources to meet the needs of implementing the research topic; has a user for the research results.

2. Criteria for determining projects:

a) Proposed based on the bases set out in Article 5 of this Circular;

b) The criteria set forth in Clause 1 of Article 7 of this Circular for research topics within the project;

c) Technical requirements: Demonstrating the stability and reliability of the technology, economic and technical indicators, economic efficiency; capable of replacing imported technology from abroad; ensuring health and environmental safety standards; demonstrating novelty and advancement compared to existing technology in the cultural, sports, and tourism industries and in Vietnam; having an impact on improving the technological level of the industry when widely applied in the production of cultural, sports, and tourism products;

d) Market potential: Economic and social sectors under the management of the Ministry of Culture, Sports and Tourism have demand for project products; project products can compete in quality and price with similar products on the market, replace imported products from abroad; project products have export potential;

đ) Socio-economic effectiveness: Project products positively impact the development of culture, sports, and tourism, create new industries, provide additional jobs and income for the community;

e) Feasibility: Consistent with the scientific and technological capabilities of the project's leading organizations and domestically in terms of personnel qualifications, equipment, facilities, and time frame; capable of mobilizing resources from various sources to meet the needs of experimental project production; capable of linking with production bases and other scientific and technological organizations to implement the project; has a market for product sales (with plans for sales linkage, transfer, or commercialization of project products).

Article 8. Research Topic and Project Determination Council

1. The Minister of Culture, Sports and Tourism shall decide to establish Research Topic and Project Determination Councils based on proposals from the Department of Science, Technology and Environment for each group of fields to provide advisory services in determining research topics and projects.

2. Composition of the Research Topic and Project Determination Council.

a) The Research Topic and Project Determination Council shall consist of seven (07) to eleven (11) members including the Chairperson, Vice-Chairperson, and other members, comprising:

- One half (1/2) being representatives of agencies and units under the Ministry of Culture, Sports and Tourism;

- One half (1/2) being relevant scientific and technological researchers;

b) Members of the Research Topic and Project Determination Council must be reputable experts who are impartial, have appropriate professional qualifications, and have in-depth knowledge in the assigned scientific and technological advisory field.

c) The Secretary of the Research Topic and Project Determination Council is a specialist from the Department of Science, Technology and Environment.

3. Responsibilities of the Research Topic and Project Determination Councils.

a) Analyze, evaluate, and make preliminary recommendations regarding the objectives, contents, and expected results of research topics and projects;

b) Advise the Minister of Culture, Sports and Tourism to determine and select proposals that need to be implemented to effectively serve leadership, management, and development activities of the Ministry;

c) Members of the Council shall implement regulations related to advisory activities for current national tasks.

4. Principles of operation of the Research Topic and Project Determination Council.

a) The Research Topic and Project Determination Council operates according to democratic principles. Members openly discuss the advisory tasks assigned to them while bearing responsibility for their advisory opinions and not disclosing information about the Council's work;

b) A meeting of the Research Topic and Project Determination Council must have at least two-thirds (2/3) of its members present (written opinions of absent members only have reference value);

c) The Chairperson of the Research Topic and Project Determination Council chairs Council meetings. In the absence of the Chairperson, the Vice-Chairperson may be authorized to chair the meeting;

5. Content of the Research Topic and Project Determination Council meeting.

a) Review and analyze each research topic and project according to the criteria specified in Article 7 of this Circular;

b) Discuss research topics and projects that meet the required standards for study and resolution at the ministerial level to propose approval for implementation and non-implementation for those that do not meet the criteria specified in Article 7 of this Circular;

c) Council members assess each research topic and project according to the prescribed form (Annex 2a). Valid forms are those marked in one of the two columns ("recommend implementation" or "recommend non-implementation") as indicated on the form;

d) The Council elects a Counting Committee consisting of three (03) members, including one (01) Head. The counting results are recorded in a minutes document (Annex 2b);

đ) Research topics and projects recommended for "implementation" by the Council must be agreed upon by at least two-thirds (2/3) of the attending Council members, with this number ensuring at least one-half (1/2) of the total number of Council members;

e) The Council exchanges, discusses, supplements, or modifies details related to the name, objectives, content, and expected products of each research topic and project recommended for "implementation" by the Council;

g) In cases where a final conclusion cannot be reached, the Council will report to the leadership of the Ministry for decision;

h) Meeting minutes are established together with the list of research topics and projects approved by the Council (Annex 2c).

Article 9. Approval of the List of Research Topics and Projects

Based on the results of the Working Group's determination of research topics and projects, the Minister of Culture, Sports and Tourism shall decide to approve the List of research topics and projects for selection or examination.

III. SELECTION, EXAMINATION, REVIEW, AND APPROVAL OF ORGANIZATIONS AND INDIVIDUALS IN CHARGE OF IMPLEMENTING RESEARCH TOPICS AND PROJECTS

Article 10. Announcement of Selection and Examination

1. The selection process shall be announced in writing by the Ministry of Culture, Sports and Tourism and publicized through mass media to allow organizations and individuals meeting the prescribed conditions to register to participate in leading the implementation of research topics and projects.

2. The examination process shall be announced in writing by the Ministry of Culture, Sports and Tourism to organizations and individuals who are expected to directly lead the research topics and projects.

Article 11. Principles of Selection and Examination

1. The selection and examination processes shall be conducted through a Selection and Examination Board established by the Minister of Culture, Sports and Tourism, following the prescribed procedures, ensuring honesty, objectivity, accuracy, and fairness.

2. The evaluation of selection and examination applications shall be carried out by scoring according to specific criteria stipulated in point a, Clause 4, Article 14 of this Circular.

3. Each research topic or project put forward for selection or examination, when meeting the prescribed conditions, will only have one application proposed for successful selection.

Article 12. Conditions for Participation in Selection and Examination

1. For organizations:

a) Organizations registering to lead the implementation of research topics and projects are administrative and service units under the Ministry of Culture, Sports and Tourism with functions suitable to the field of the registered research topics and projects.

b) Each organization may only register as the leading unit or a main participating unit in one (01) application for selection or examination for one (01) research topic or project.

2. For individuals:

Individuals registering as the principal investigator of research topics and projects through organizations meeting the conditions stipulated in Clause 1 of this Article and satisfying the following conditions:

a) Must have relevant expertise and be actively working in the same scientific field of the research topic or project for at least three (03) years up to the date of submitting the application;

b) Shall be the person in charge of organizing the preparation of the Project Description for the research topic or project;

c) Must ensure sufficient time to lead the implementation of the research topic or project;

d) Shall not fall within the cases stipulated in Clause 3 of this Article.

3. Individuals shall not be eligible to participate in the selection and examination to lead research topics and projects in the following circumstances:

a) If, at the time of submitting the application, they are serving as the principal investigator of one (01) research topic or project at the ministerial level or higher (including cases where there is a ministerial-level acceptance report rating "unsatisfactory" and not granted permission by the Ministry to extend the implementation period to complete the results) or the research topic or project has been suspended during implementation due to violations by the competent authority;

b) Individuals who served as the principal investigator of a research topic or project at the ministerial level or higher and submitted the evaluation and acceptance report at the grassroots level later than the contract research completion deadline without approval from the Ministry of Culture, Sports and Tourism:

- Shall not be eligible to participate in selection and examination for one (01) year, starting from the actual submission date of the grassroots-level evaluation and acceptance report if it was submitted late by six (06) months to less than twenty-four (24) months;

- Shall not be eligible to participate in selection and examination for two (02) years, starting from the actual submission date of the grassroots-level evaluation and acceptance report if it was submitted late by twenty-four (24) months or more.

Article 13. Documents for participation in selection and examination

1. The registration documents include:

a) Application form to lead the implementation of research topics and projects (Annex 3);

b) Detailed description of research topics and projects:

- For social science and humanities research topics (Annex 4a);

- For scientific research and technological development topics (Annex 4b);

- For projects (Annex 4c);

c) Summary of scientific and technological activities of the organization applying to lead the research topic or project (Annex 5);

d) Scientific curriculum vitae of individuals applying to lead the research topic or project (Annex 6).

2. Quantity, format, and sealing of documents:

a) The set of documents includes: one original copy and eleven copies.

b) When submitting documents for selection and examination, they must be sent in the following formats:

- Written documents;

 - Electronic data files (USB or CD-ROM).

c) The set of documents must be sealed and clearly marked on the outside with:

- Name of the research topic or project;

- Name and address of the organization applying to lead the implementation of the research topic or project;

- Full name of the individual applying to be the principal investigator and list of participants in the research topic or project;

- List of documents and texts included in the set of documents.

3. Deadline for submission of documents for selection and examination.

a) Documents must be submitted within the deadline specified in the announcement for selection and examination. The date of receipt of documents is considered the date stamped by the Hanoi Post Office (in case of mailing); the stamp of the Ministry's Office or the Science, Technology and Environment Department (in case of direct submission).

b) Before the submission deadline, organizations and individuals applying to participate in the selection and examination have the right to withdraw previously submitted documents and submit new ones, or supplement or modify previously submitted documents for selection and examination. All supplements and modifications must be submitted within the prescribed time frame and become part of the set of documents.

4. Opening of documents for participation in selection.

The Science, Technology and Environment Department will host the opening of documents for selection.

a) Participants in the opening of documents for selection include:

- Representative of the Ministry of Culture, Sports and Tourism (Ministry leader or Science, Technology and Environment Department leader);

- Representatives of relevant agencies and organizations and individuals applying to participate in the selection who are invited to attend;

b) The process of opening the application documents for selection is recorded in a protocol (Annex 7).

Article 14. Selection and Examination Councils for Organizing Individuals to Implement Research Topics and Projects

1. The Minister of Culture, Sports and Tourism decides to establish Selection and Examination Councils based on proposals from the Science, Technology and Environment Department according to each field group to advise on the selection and examination of research topics and projects.

2. Composition of the Selection and Examination Council

a) The Selection and Examination Council consists of seven (07) to nine (09) members, including the Chairperson, Vice-Chairperson, and other members comprising:

- One-third (1/3) are representatives of state management agencies related to the application of research results of the topics and projects;

- Two-thirds (2/3) are scientists and technologists related to the fields of study;

b) Members of the Selection and Examination Council must be experts with credibility, objectivity, appropriate expertise, and deep understanding of the scientific and technological fields for which the council advises on selection and examination. Experts who have participated in councils determining topics and projects are prioritized to join Selection and Examination Councils for topics and projects;

c) The Secretary of the Selection and Examination Council is a staff member of the Science, Technology and Environment Department;

d) Individuals applying to lead research topics and projects and those participating in their implementation may not join the Selection and Examination Council for those topics and projects (in exceptional cases, participants in the implementation of topics and projects may join the Selection and Examination Council but cannot serve as Chairperson or Vice-Chairperson).

2. Principles of Operation of Selection and Examination Councils

a) Selection and Examination Councils operate on the principle of democracy;

b) A meeting of the Council must have at least two-thirds (2/3) of its members present, including the Chairperson or Vice-Chairperson;

c) The Chairperson of the Council presides over Council meetings. In the absence of the Chairperson, the Vice-Chairperson may be authorized to preside over the meeting;

3. Responsibilities of Members of the Selection and Examination Council

a) To take personal responsibility and not represent any organization when reviewing and evaluating selection and examination documents;

b) To comply strictly with the provisions of this Circular, ensuring honest, impartial, accurate, and fair evaluation;

c) To take personal responsibility for their evaluation results and collective responsibility for the Council's final conclusion;

d) To maintain confidentiality regarding information related to the selection and examination process.

4. Content of Council Meetings for Selection and Examination

a) Council members independently score according to evaluation criteria and point scales in the following evaluation forms: Evaluation Form for Social Science and Humanities Research Topics (Annex 8a); Evaluation Form for Scientific Research and Technological Development Topics (Annex 8b); Evaluation Form for Projects (Annex 8c);

b) The Council appoints three (03) members to participate in the counting team (the secretary may also participate in the counting team). Counting results are recorded in a protocol (Annex 9a) and a summary score sheet (Annex 9b) attached to the meeting minutes;

c) If a Council member's total score differs by more than twenty percent (20%) from the average score of the present Council members for a given document, that member's score will not be accepted. The evaluation result for that document will be based solely on the scores of the remaining Council members;

d) Meeting results are recorded in a protocol (Annex 10).

4. Determination of Successful Applications

a) Successful applications must achieve an average score of at least seventy out of one hundred (70/100);

b) In cases where two (02) or more applications for the same topic achieve an average score of seventy out of one hundred (70/100), the Council will prioritize the applications according to the following principles:

- Average score in descending order.

- In cases where the total average scores of the Applications are equal, the Application with a higher score from the Chairman of the Council (or the Vice-Chairman in the absence of the Chairman) will be prioritized for ranking.

- In cases where the total average scores of the Applications are the same, and the scores given by the Chairman of the Council (or the Vice-Chairman in the absence of the Chairman) to these Applications are also equal, the Council will recommend the leadership of the Ministry to consider and decide.

Article 15. Approval of the List of Successful Applications for Selection and Examination

1) Based on the results of the Selection and Examination Councils and the proposal of the Department of Science, Technology and Environment, the Minister of Culture, Sports and Tourism shall issue a Decision to approve the List of Successful Applications for Selection and Examination for review and evaluation.

2) An individual who simultaneously registers as the principal of two (02) or more projects at the Ministry level or above, if all Applications for Selection and Examination are proposed to be successful, may only choose to be the principal of one (01) project. The choice must be submitted in writing to the Ministry of Culture, Sports and Tourism for consideration and decision.

Article 16. Announcement of Selection and Examination Results

The results of the Selection and Examination shall be announced by the Ministry of Culture, Sports and Tourism to the organizations and individuals who are the principals of the successful projects.

Article 17. Organization of Content and Budget Review for Successful Selection and Examination Projects

1. The Minister of Culture, Sports and Tourism shall establish the Review Teams based on the proposals of the Department of Science, Technology and Environment according to the list of successful Selection and Examination projects.

2. Composition of the Review Teams

a) The composition of the Review Team includes representatives from the Leadership of the Ministry of Culture, Sports and Tourism, the Selection and Examination Council, the Department of Science, Technology and Environment, and the Planning and Finance Department.

b) The head and representatives of the principal units implementing the projects are invited to participate in the review.

3. Responsibilities of the Review Teams:

a) To examine and check the amendments to the content of the project descriptions according to the opinions of the Selection and Examination Council.

b) To examine and check the assessment of the budget for implementing the projects in accordance with current laws.

4. The results of the work of the Review Teams, recorded in the minutes (Annex 11), serve as the basis for approving scientific and technological tasks.

Article 18. Approval of Projects for Implementation

Based on the results of the Review Teams and the proposals of the Department of Science, Technology and Environment, the Minister of Culture, Sports and Tourism shall consider and issue a decision to approve the projects for implementation.

IV. IMPLEMENTATION

Article 19. Implementation Provisions

1. This Circular takes effect from August 25, 2010.

2. Issued along with this Circular are the following annexes:

- Annex 1a: Sample Proposal Form for Ministry-level Scientific and Technological Tasks in the form of a research topic;

- Annex 1b: Sample Proposal Form for Ministry-level Scientific and Technological Tasks in the form of a project;

- Annex 2a: Sample Evaluation Form for Proposing Implementation of Ministry-level Research Topics and Projects;

- Annex 2b: Sample Minutes of the Evaluation Voting for Proposing Implementation of Ministry-level Research Topics and Projects;

- Annex 2c: Sample Minutes of the Advisory Council Meeting to Determine the List of Ministry-level Research Topics and Projects;

- Annex 3: Sample Principal Registration Form for Implementing Ministry-level Research Topics and Projects;

- Annex 4a: Sample Description Form for Ministry-level Social Sciences and Humanities Research Topics;

- Annex 4b: Sample Description Form for Ministry-level Scientific Research and Technological Development Topics;

- Annex 4c: Sample Description Form for Ministry-level Projects;

- Annex 5: Sample Summary of Scientific and Technological Activities of Organizations Registering as Principals for Ministry-level Research Topics and Projects;

- Annex 6: Sample Curriculum Vitae of Individuals Implementing Ministry-level Research Topics and Projects;

- Annex 7: Sample Minutes of the Opening of the Selection and Examination Application Files for Organizations and Individuals as Principals for Ministry-level Research Topics and Projects;

- Annex 8a: Sample Evaluation Form of the Advisory Council for Selecting and Examining Ministry-level Social Sciences and Humanities Research Topics;

- Annex 8b: Sample Evaluation Form of the Advisory Council for Selecting and Examining Ministry-level Scientific Research and Technological Development Topics;

- Annex 8c: Sample Evaluation Form of the Advisory Council for Selecting and Examining Ministry-level Projects;

- Annex 9a: Sample Minutes of the Advisory Council's Voting for Selecting and Examining Ministry-level Research Topics and Projects;

- Annex 9b: Sample Score Summary Table of the Advisory Council for Selecting and Examining Ministry-level Research Topics and Projects;

- Annex 10: Sample Minutes of the Advisory Council Meeting for Selecting and Examining Ministry-level Research Topics and Projects;

- Annex 11: Sample Minutes of the Review Team Meeting for Ministry-level Research Topics and Projects.

3. Abolish the following documents and provisions:

a) Decision No. 89/2006/QĐ-BVHTT dated November 7, 2006 issued by the Minister of Culture and Information on the Regulation for Determining Scientific and Technological Tasks of the Ministry of Culture and Information;

b) Articles 2, 3, 4, 5, 6, and 7 of Decision No. 05/2007/QĐ-BVHTT dated February 12, 2007 issued by the Minister of Culture and Information on the Management Regulation for Scientific and Technological Tasks of the Ministry of Culture and Information;

4. Any regulations previously issued by the Ministry of Culture and Information, the Sports Committee, the General Administration of Tourism, and the Ministry of Culture, Sports and Tourism that are not included in the documents and provisions mentioned in Clause 2 of this Article and are inconsistent with the provisions of this Circular shall be abolished.

Article 20. Implementation

1. The Department of Science, Technology and Environment shall be responsible for monitoring, supervising, and inspecting the implementation of this Circular.

2. Heads of relevant agencies and units shall be responsible for widely and regularly promoting, fully and accurately implementing, and publicly disclosing the provisions of this Circular.

3. During the implementation process, if there are issues requiring supplementation or modification, related agencies, organizations, and individuals shall report to the Ministry of Culture, Sports and Tourism for study and amendment./.