Circular No. 05/2015/TT-BKHCN on the organization and management of national science and technology programs

CIRCULAR

Regulations on the organization and management

ofCscientific and technological programs at the national levela

_________________________

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

Pursuant to the Decreeh Decree No. 20/2013/NĐ-CP"5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below: dated May 26 the 02 year of the Government in 2013 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 stipulates the organization and management of national-level scientific and technological programs. the Chapter 1. Organization and Management of National-Level Scientific and Technological Programs

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular stipulates the organization and management of national-level scientific and technological programs as specified in Point a Clause 2 Article 25 of Decree No. 08/2014/NĐ-CP dated January 27, 2014 of the Government detailing and guiding the implementation of certain provisions of the Law on Science and Technology (hereinafter referred to as Programs), including:

a) Key national-level scientific and technological programs;

b) Other national-level scientific and technological programs.

Article 2. This Circular does not apply to Programs mentioned in Clause 1 of this Article with an implementation period ending in 2015.

Article 2. Applicability

This Circular applies to organizations and individuals implementing and participating in Programs, state agencies, organizations, and individuals related to Programs.

Article 3. Explanation of Terms

Impurity

1. The scientific and technological tasks of Programs (hereinafter referred to as Program Tasks) include scientific and technological research topics, scientific projects, experimental production projects, and scientific and technological projects to achieve the objectives of Programs. They include the objectives of Programs; the main contents and tasks of Programs; expected products of Programs and evaluation criteria for Programs.

2. Program Framework The leading ministry of Programs (hereinafter referred to as the Leading Ministry) is the Ministry of Science and Technology, ministries, ministerial-level agencies, government agencies, provincial people's committees, and centrally governed city people's committees assigned to lead Programs by the Prime Minister or the Minister of Science and Technology.

3. The organization leading Program Tasks (hereinafter referred to as the Leading Organization) is the organization selected or directly assigned to build and implement Program Tasks. Article 4. Responsibilities 1. Implement according to the provisions of the Law on Science and Technology and relevant legal documents; ensure the management responsibility of the Ministry of Science and Technology and the Leading Ministry over Programs.

4. 2. Ensure that Programs are implemented in accordance with their approved objectives, contents, expected products, and schedules. 3. Use Program funds for their intended purposes, efficiently, without waste, and in compliance with current regulations.

Article 4. Principles of organizing and managing the Program

Article 5. Responsibilities of Ministries and Agencies

1. The Ministry of Science and Technology shall uniformly manage Programs.

2. The Leading Ministry shall organize the implementation of Programs.

Chapter II

MANAGEMENT OF THE PROGRAM

Article 5. Program Management Structure

3. The Steering Committee of Programs (hereinafter referred to as the Steering Committee) shall be established by the Prime Minister or delegated by the Minister of the Leading Ministry, comprising representatives from the Government leadership (if applicable) and representatives from the leadership of relevant ministries and sectors, directly directing the activities of Programs.

4. The Program Management Board (hereinafter referred to as the Management Board) assists the Leading Ministry in implementing Programs. The Management Board shall be provided with conditions regarding funding, working tools, and other benefits as prescribed. Based on the Decision of

the Prime Minister or upon request to organize and implement Programs, the Minister of the Leading Ministry shall establish the Management Board. 5. Program management units are agencies and units assisting the Leading Ministry in organizing the management of Programs, including:

a) Units managing Program Tasks (hereinafter referred to as Task Management Units) are focal units assigned to perform state management functions for Programs, assisting the Leading Ministry in implementing Programs and Program Tasks in accordance with their objectives, contents, and products; b) Units managing the financial implementation of Program Tasks (hereinafter referred to as Financial Management Units) are budgetary units at the third level assisting the Leading Ministry in managing the use of state budget funds and conducting activities serving state management to achieve the objectives, contents, and products of Programs.

5. The Program Management Units are the agencies and units assisting the leading ministry in organizing and managing the Program, including:

a) The Program Task Management Unit (hereinafter referred to as the Task Management Unit) is the primary unit entrusted with the state management function for the Program, assisting the leading ministry in implementing and organizing the Program's tasks according to its objectives, contents, and products;

b) The Program Financial Management Unit (hereinafter referred to as the Financial Management Unit) is the third-level budgetary unit assisting the leading ministry in managing the use of state budget funds and conducting activities to support state management to achieve the Program's objectives, contents, and products.

Article 6. Tasks of the Ministry of Science and Technology

1. The Ministry of Science and Technology shall be responsible for unified management of the Program and perform the following specific tasks:

a) Being the permanent office of the Steering Board as assigned by the Prime Minister;

b) Taking the lead in organizing the development and perfecting the system of mechanisms and policies to implement the Program;

c) Reviewing and adjusting within its authority or proposing competent authorities to adjust the system of Programs to meet the requirements of scientific and technological development and serve economic and social development;

d) Approving the Program framework; being the focal point for monitoring, summarizing the situation of building and organizing the implementation of the Program;

đ) Taking the lead and coordinating with the Ministry of Planning and Investment and the Ministry of Finance to build the budget estimate, balance plan, allocation, and transfer of state budget funds annually allocated for science and technology to implement the Program within the total budget limit planned for ministries, sectors, and localities; coordinating with relevant ministries, sectors, and localities to allocate other legitimate sources of capital to implement the Program;

e) Allocating the budget limit for the Program;

g) Examining the application files of Program tasks for the main ministry to consider and decide on approving the content and budget for implementing the task;

h) Examining and approving the content and budget for implementing the task for the Program as prescribed by the Prime Minister; i) Organizing guidance for inspection, audit, and evaluation of the results of implementing the Program;

k) Deciding or submitting to the Prime Minister for decision on amending and adjusting the objectives, contents, and implementation measures of the Program to suit practical requirements.

deciding or submitting for decision the Prime Minister to decide on amending and adjusting the Program's objectives, contents, and implementation measures in accordance with practical requirements.

2. The Ministry of Science and Technology shall perform the main ministry's tasks stipulated in Article 7 of this Circular for Program tasks implemented by the Ministry of Science and Technology.

Article 7. Tasks of the Main Ministry

1. The main ministry shall have the following tasks:

a) Being the permanent office of the Steering Board as assigned by the Prime Minister; monitoring and summarizing the situation of building and organizing the implementation of the Program within the scope of management of the main ministry;

b) Building the Program framework and sending it to the Ministry of Science and Technology for approval;

c) Approving the list of commissioned tasks of the Program and sending it to the Ministry of Science and Technology for coordination in implementation;

d) Organizing the selection and directly assigning organizations and individuals to carry out the task;

đ) Approving the task after receiving the examination opinion of the Ministry of Science and Technology regarding the content and budget for implementing the task under the Program;

e) Signing contracts, evaluating, accepting, recognizing results, and terminating contracts for implementing Program tasks managed by the main ministry;

g) Summarizing the annual plans and budget estimates for Program tasks managed by the main ministry and sending them to the Ministry of Science and Technology for consolidation to be included in the overall annual plan and budget estimate for science and technology;

h) Reporting to the Ministry of Science and Technology on a regular annual basis, ad hoc, interim, and final summaries of the results of implementing Program tasks managed by the main ministry;

i) Inspecting, auditing, and evaluating the implementation of Program tasks, proposing necessary amendments and adjustments to the objectives, contents, and implementation measures of the Program, and sending them to the Ministry of Science and Technology;

k) Cooperating with the Ministry of Science and Technology in building and perfecting the system of mechanisms and policies to implement the Program; implementing approved mechanisms and policies; creating favorable conditions for effective implementation of Program contents and tasks;

l) Other tasks as prescribed by law to fulfill the state management function over Program tasks.

2. The main ministry shall be responsible for sending the Decision approving the list of commissioned tasks of the Program, the annual plan and budget estimate for implementing Program tasks, and reports on the results of implementing Program tasks in accordance with regulations for the Ministry of Science and Technology to build the plan and allocate the budget limit for the Program.

3. The main ministry shall assign Program management units and Program directors to perform the tasks specified in Clause 1 of this Article.

Article 8. Duties of the Steering Committee

1. The Steering Committee shall perform the following duties:

a) To take the lead and coordinate with functional units of the Ministry to develop the Framework Program; report to the leading Ministry for consideration and submit to the Ministry of Science and Technology for approval;

b) To coordinate with Program management units to implement the determination of commissioned tasks of the Program, select and directly assign organizations and individuals to carry out the tasks, inspect and evaluate the implementation process, and accept and assess the results of the tasks;

c) To take the lead and coordinate with Program management units to monitor and urge the implementation of Program tasks to achieve the Program's objectives, contents, and products, and propose necessary adjustments to achieve the Program's objectives;

d) To coordinate with Program management units to prepare reports (annually on a regular basis, ad hoc as required; interim reviews; final summaries) on the Program's implementation results to be submitted to the leading Ministry;

đ) To coordinate with Program management units to propose rewards for organizations and individuals with outstanding achievements; recommend handling violations by the leading and steering committee organizations and individuals during the implementation of Program tasks;

e) To coordinate with Program management units to organize evaluations and summaries of the Program's implementation results;

2. The Steering Committee operates according to the operational regulations issued by the Minister of the leading Ministry.

3. For Programs without a Steering Committee, the Program management unit shall be responsible for performing the Steering Committee's duties as stipulated in Clause 1 of this Article.

Article 9. Responsibilities of the Leading Organization

1. Implement the approved contents to achieve the goals and products of tasks under the Program.

2. Be responsible for the progress and results of the Program task implementation.

3. Be subject to inspection and supervision of the Program task implementation according to the set goals, contents, and schedule.

4. To make written recommendations to the leading Ministry regarding adjustments to the Program's objectives, contents, solutions, and implementation schedules to align with actual requirements and current regulations.

5. To fully comply with periodic reporting requirements (every six months, annually, mid-term reviews, final summaries) and ad hoc reports on the progress of implementing Program tasks and final financial settlements to the competent authority.

Chapter III

ORGANIZATION OF TASK CONSTRUCTION AND MANAGEMENT

a) Research and assess the demand and capability of applying Vietnam National Brand Program criteria in businesses

Article 10. Proposals, Determination, and Approval of the List of Commissioned Tasks of the Program

1. Proposals and determinations of the list of commissioned tasks of the Program shall be carried out in accordance with Circular No. 07/2014/TT-BKHCN dated May 26, 2014, issued by the Minister of Science and Technology, which stipulates the procedures and formalities for determining national science and technology tasks funded by the state budget, and corresponding guidance documents for implementing national science and technology programs.

2. The leading Program management unit, in coordination with the Steering Committee, shall organize reviews and determine tasks through advisory councils established by the leading Ministry.

3. Based on the working results of the task determination advisory council, the leading Ministry shall compile and approve the list of commissioned tasks of the Program, and send it to the Ministry of Science and Technology for coordinated implementation.

4. The leading Ministry shall notify in writing the results of determining commissioned tasks of the Program to relevant ministries, sectors, and localities proposing such commissions; publicly announce the commissioned task list for selection and direct assignment of organizations and individuals to carry out Program tasks in accordance with regulations.

Article 11. Organization for selection and direct assignment to organizations and individuals to implement the Program's tasks

1. The selection and direct assignment to organizations and individuals to implement the Program's tasks shall be carried out in accordance with the provisions of Circular No. 10/2014/TT-BKHCN dated May 30, 2014, issued by the Minister of Science and Technology on the selection and direct assignment to organizations and individuals to implement national-level science and technology tasks funded by the State budget, amended and supplemented by Circular No. 23/2014/TT-BKHCN dated September 19, 2014 (hereinafter referred to collectively as Circular No. 10/2014/TT-BKHCN), and guiding documents for implementing national-level science and technology programs.

2. The Program management unit shall take the lead and coordinate with the Program Steering Committee to review applications for participation in the selection and direct assignment to organizations and individuals to implement the Program's tasks, and submit to the leading Ministry to establish an advisory board for the selection and direct assignment to organizations and individuals to implement the Program's tasks (hereinafter abbreviated as the Selection and Direct Assignment Advisory Board).

3. The Program management unit shall take the lead and coordinate with the Program Steering Committee to organize meetings of the Selection and Direct Assignment Advisory Board to implement the Program's tasks in accordance with the provisions of Circular No. 10/2014/TT-BKHCN.

4. The evaluation of applications for the selection and direct assignment to organizations and individuals to implement the Program's tasks shall be carried out in accordance with specific provisions in guiding documents for managing national-level science and technology programs.

5. Based on the conclusions of the Selection and Direct Assignment Advisory Board, the financial assessment team, independent experts (if any), and the recommendations of the Program management unit, the leading Ministry shall notify and guide the leading organizations and individuals to complete the task descriptions and prepare the necessary documents to submit to the leading Ministry.

6. The leading Ministry shall compile and send to the Ministry of Science and Technology for consideration and review regarding the necessity, objectives, implementation procedures, and funding for the tasks. The Ministry of Science and Technology shall provide written comments for the leading Ministry to consider and approve the content and funding for the tasks.

7. Based on the review comments from the Ministry of Science and Technology, the leading Ministry shall approve the content and funding for the tasks under the Program, except for certain Programs. The Prime Minister assigns the Ministry of Science and Technology to approve such Programs.

Article 12. Organizing the Signing of Contracts to Implement Program Tasks

2. The leading organization shall be responsible for implementing the tasks in accordance with the goals, content, schedule, and effectively using the allocated funds as stipulated in the Contract.

Article 13. Adjustments during the implementation of the tasks

1. The leading organization shall submit a written proposal to the leading Ministry requesting and explaining adjustments to the approved goals, content, products, implementation time, and funding. Such adjustments shall be carried out in accordance with the provisions of Circular No. 04/2015/TT-BKHCN dated March 11, 2015, issued by the Minister of Science and Technology on inspection, evaluation, adjustment, and termination of contracts during the implementation of national-level science and technology tasks funded by the State budget.

2. The leading Ministry shall approve the adjustments after obtaining the agreement of the Ministry of Science and Technology for contents that require the Ministry of Science and Technology's opinion before approval.

Article 14. Inspection and Evaluation of the Program's Task Implementation Process

1. The Ministry shall organize the inspection and evaluation of the implementation of the Program's tasks in accordance with Circular No. 04/2015/TT-BKHCN dated March 11, 2015, issued by the Minister of Science and Technology, which stipulates the procedures for inspecting, evaluating, adjusting, and terminating contracts during the implementation of national-level science and technology tasks funded by state budget.

2. The leading organization shall be responsible for preparing and providing all relevant information regarding the ongoing implementation of the Program's tasks and facilitating the inspection and evaluation process.

Article 15. Termination of Contracts

1. A contract shall be terminated in cases specified in Article 5 of the Model Research and Development Contract issued together with Circular No. 05/2014/TT-BKHCN dated April 10, 2014, issued by the Minister of Science and Technology.

2. The procedures for terminating contracts during the implementation of the Program's tasks shall be carried out in accordance with Circular No. 04/2015/TT-BKHCN dated March 11, 2015, issued by the Minister of Science and Technology, which stipulates the procedures for inspecting, evaluating, adjusting, and terminating contracts during the implementation of national-level science and technology tasks funded by state budget.

3. Based on the decision to terminate the contract, the parties shall complete the contract liquidation procedures according to the terms of the signed contract and the provisions of the law.

Article 16. Evaluation, Acceptance, and Recognition of the Program's Task Results

The Ministry shall organize the evaluation, acceptance, recognition, and public announcement of the results of the Program's task implementation in accordance with Circular No. 11/2014/TT-BKHCN dated May 30, 2014, issued by the Minister of Science and Technology, which stipulates the procedures for evaluating and accepting the results of national-level science and technology tasks funded by state budget and related documents.

Article 17. Contract Liquidation and Utilization of Program Task Results

2. The leading organization shall be responsible for managing, utilizing, and transferring the results of the Program's tasks in accordance with the law. Intellectual property rights and the right to use the results of the Program's tasks shall be implemented in accordance with the laws on science and technology and intellectual property.

3. The registration and preservation of the results of the Program's tasks shall be carried out in accordance with Circular No. 14/2014/TT-BKHCN dated June 11, 2014, issued by the Minister of Science and Technology, which stipulates the procedures for collecting, registering, preserving, and announcing information about science and technology tasks.

Article 18. Asset Disposal

The handling of assets after the completion of program tasks shall be carried out in accordance with current regulations.

Article 19. Budget for Implementing the Program

The state budget funds for implementing the Program shall be allocated within the annual state budget science and technology expenditure plan and assigned to the leading Ministry for implementation.

The financial mechanism for implementing the Program shall be implemented in accordance with specific provisions in the management financial guidelines for national-level science and technology programs and other relevant financial laws.

Chapter IV

IMPLEMENTING PROVISIONS

Article 20. Effective Date

1. This Circular takes effect from May 1, 2015. This Circular replaces certain provisions related to the management of Programs stipulated in the following Circulars:

a) Circular No. 02/2012/TT-BKHCN dated January 18, 2012, issued by the Minister of Science and Technology, guiding the management of the National High-Tech Development Program until 2020;

b) Circular No. 31/2012/TT-BKHCN dated December 28, 2012, issued by the Minister of Science and Technology, guiding the determination of projects, selection, and direct assignment to organizations, individuals, and enterprises to implement projects under the Research, Training, and Construction of High-Tech Infrastructure Program;

c) Circular No. 03/2013/TT-BKHCN dated January 30, 2013, issued by the Minister of Science and Technology, guiding the determination, selection, review, and direct assignment to implement science and technology tasks under the National Technological Innovation Program until 2020;

d) Circular No. 09/2013/TT-BKHCN dated March 15, 2013, issued by the Minister of Science and Technology, guiding the management of the National Technological Innovation Program until 2020;

đ) Circular No. 10/2013/TT-BKHCN dated March 29, 2013, issued by the Minister of Science and Technology, guiding the management of the National Product Development Program until 2020;

e) Circular No. 12/2013/TT-BKHCN dated March 29, 2013, issued by the Minister of Science and Technology, guiding the examination, review, and approval of national product development science and technology projects;

g) Circular No. 32/2014/TT-BKHCN dated November 6, 2014, issued by the Minister of Science and Technology, stipulating the management of the Science and Technology Market Development Program until 2020.

2. The contents prescribed in the Circulars mentioned in Clause 1 of this Article that are not contrary to this Circular remain valid.

Article 21. Organization of Implementation

1. Heads of units under the Ministry, heads of agencies and organizations, and individuals related thereto are responsible for implementing this Circular.

2. In case of difficulties during implementation, agencies, organizations, and individuals are advised to report to the Ministry of Science and Technology for research and consideration of amendments and supplements to ensure appropriateness./.