Circular No. 05/2014/TT-BKHCN Issuing "Model Contract for Scientific Research and Technological Development"

CIRCULAR

BIssuing "Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…REGARDING THE MODEL OF SCIENTIFIC RESEARCH AND TECHNOLOGICAL DEVELOPMENT CONTRACTS"

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Pursuant to the Law KScience and Technology Circular on the selection and direct assignment of organizations and individuals to carry out national science and technology tasks funded by the state budget issued by the Minister of Science and Technology pursuant to the Law on Science and Technology dated January 27, 2014.

Pursuant to DecreeNo. DECREE NO. 20/2013/NĐ-CP dated February 26, 2013, At the proposal of 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 THE MODEL OF SCIENTIFIC RESEARCH AND TECHNOLOGICAL DEVELOPMENT CONTRACTSFUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSAND THE MODEL OF SCIENTIFIC RESEARCH CONTRACTS development AND TECHNOLOGICAL DEVELOPMENT.

Article 1. ANNEXED TO THIS CIRCULAR IS THE MODEL OF SCIENTIFIC RESEARCH AND TECHNOLOGICAL DEVELOPMENT CONTRACT (HEREINAFTER REFERRED TO AS THE CONTRACT) AND THE CERTIFICATE OF CONTRACT TERMINATION.

Article 2. THIS CIRCULAR APPLIES TO SCIENTIFIC AND TECHNOLOGICAL TASKS USING NATIONAL, MINISTERIAL, OR PROVINCIAL STATE BUDGET FUNDS.

IN ADDITION TO THE CONTENTS PROVIDED IN THIS CONTRACT MODEL, THE PARTIES ENTERING INTO THE CONTRACT MAY NEGOTIATE TO ADD OTHER PROVISIONS THAT DO NOT CONTRADICT THE LAWS.

FOR SCIENTIFIC AND TECHNOLOGICAL TASKS USING LOCAL STATE BUDGET FUNDS OR SCIENTIFIC AND TECHNOLOGICAL TASKS NOT USING STATE BUDGET FUNDS, THE PARTIES ENTERING INTO THE CONTRACT MAY REFERENCE AND APPLY THE CONTENTS PROVIDED IN THE CONTRACT MODEL ANNEXED TO THIS CIRCULAR TO DRAFT CONTRACTS FOR IMPLEMENTING SCIENTIFIC AND TECHNOLOGICAL TASKS UNDER THEIR RESPECTIVE MANAGEMENT SCOPE.

Article 3. THIS CIRCULAR SHALL TAKE EFFECT FROM MAY 26, 2014.

Article 4. THE HEAD OF THE LEGAL AFFAIRS DEPARTMENT, THE HEADS OF MINISTRY UNITS, AND THE HEADS OF RELATED AGENCIES ARE RESPONSIBLE FOR IMPLEMENTING THIS CIRCULAR.

DURING THE IMPLEMENTATION PROCESS, IF ANY DIFFICULTIES OR OBSTACLES ARISE, THEY ARE REQUESTED TO REPORT TO THE MINISTRY OF SCIENCE AND TECHNOLOGY FOR CONSIDERATION AND RESOLUTION./.