This Circular stipulates the management of scientific and technological tasks funded by the State budget under the responsibility of the Ministry of Natural Resources and Environment. The Regulation applies to units under the Ministry and organizations and individuals related thereto. The main contents include selection, assignment of tasks, evaluation and acceptance, registration and retention of research results information.
Đối tượng áp dụng
Units under the Ministry of Natural Resources and Environment, scientific and technological organizations, and related individuals.
Các điểm cốt lõi
- The organization responsible for scientific and technological tasks must meet the requirements regarding legal personality, human resources, equipment, and infrastructure (Article 3).
- The selection and direct assignment of organizations and individuals to implement national-level scientific and technological tasks shall be carried out in accordance with Circular No. 10/2014/TT-BKHCN (Article 8).
- Reviewing the description of scientific and technological tasks, signing scientific research and technology development contracts (Article 9).
- Monitoring and supervising the progress of implementation of scientific and technological tasks (Article 10).
- Evaluating and accepting the completion of scientific and technological tasks at the ministerial level (Article 23).
🌐 Tác động xã hội từ văn bản này
- Creating a legal basis for effectively managing scientific and technological tasks funded by the State budget, contributing to the development of scientific and technological potential of the Ministry of Natural Resources and Environment.
- Reducing administrative burdens for organizations and individuals participating in implementing scientific and technological tasks through clear regulations on procedures.
❓ Câu hỏi thường gặp
Which organizations can register to be the principal of scientific and technological tasks at the ministerial level?
Organizations participating in registration must be scientific and technological organizations or have functions and tasks related to scientific research and technology, possess legal personality, and meet conditions regarding human resources, equipment, and infrastructure (Article 3).
What is the deadline for submitting the final report and accompanying documents for the evaluation and acceptance of ministerial-level scientific and technological tasks?
The head of the task must submit the final report and accompanying documents to the principal organization no later than 30 days before the end of the task period for evaluation and acceptance (Article 23).
If a scientific and technological task does not meet the requirements, how long can it be extended?
The task may be extended but not more than six months (Article 23).
Who conducts the evaluation and acceptance of ministerial-level scientific and technological tasks?
The Advisory Council for Evaluation and Acceptance of Ministerial-Level Task Results established in accordance with the provisions (Article 23).
If a scientific and technological task does not meet the requirements, what actions can be taken?
A task rated "Not Achieved" may be extended for up to six months. If it still does not achieve the requirements after extension, current regulations will apply (Article 23).
Toàn văn
|
MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT _________ |
SOCIALIST REPUBLIC OF VIET NAM _____________________ |
|
Number: 05/2015/TT-BTNMT |
Hanoi, February 24, 2015 |
CIRCULAR
Issuing regulations on the management of scientific and technological tasks
under the Ministry of Natural Resources and Environment
Pursuant to the Law on Science and Technology No. 29/11/QH13 dated June 18, 2013;
Pursuant to the Government Decree No. 08/2014/NĐ-CP dated January 27, 2014 detailing and guiding the implementation of certain provisions of the Law on Science and Technology;
Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;
Considering the proposal of the Director of the Department of Science and Technology and the Director of the Legal Department;
The Minister of Natural Resources and Environment issues this Circular on the Regulations on the Management of Scientific and Technological Tasks of the Ministry of Natural Resources and Environment.
Article 1. These Regulations are promulgated together with this Circular.
Article 2. This Circular takes effect from April 10, 2015 and replaces Circular No. 25/2011/TT-BTNMT dated July 7, 2011 issued by the Ministry of Natural Resources and Environment on the Regulations on the Management of Scientific and Technological Research Projects of the Ministry of Natural Resources and Environment.
Article 3. The Head of the Ministry's Office, Directors of relevant Departments: Science and Technology, Legal Affairs, Planning, Finance, and Heads of related agencies and units shall be responsible for implementing this Circular./.
|
Place of Receipt: |
DEPUTY MINISTER |
REGULATIONS
MANAGEMENT OF SCIENTIFIC AND TECHNOLOGICAL TASKS
OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT PRINCIPLES AND ENVIRONMENT
(Issued together with Circular No. 05/2015/TT-BTNMT dated February 24, 2015 of the Minister of Natural Resources and Environment)
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
Article 1. These Regulations prescribe the management and organization of implementation of scientific and technological tasks funded by the State budget under the jurisdiction of the Ministry of Natural Resources and Environment.
They do not apply to projects to enhance research capacity for public science and technology organizations under the Ministry of Natural Resources and Environment and basic research topics managed by the National Science and Technology Development Fund.
Article 2. These Regulations apply to units under the Ministry of Natural Resources and Environment and related organizations and individuals.
Article 2. Interpretation of Terms
In this Circular, the following terms are understood as follows:
1. The managing agency of the scientific and technological tasks referred to in this Circular is the Ministry of Natural Resources and Environment.
2. The leading agency for national-level scientific and technological tasks is the ministries, ministerial-level agencies, and government agencies assigned by the Prime Minister to lead the implementation of national programs/projects on science and technology. The Ministry of Natural Resources and Environment is the leading agency for national-level scientific and technological tasks assigned to it.
3. The leading organization of the scientific and technological task is a scientific and technological organization or an organization authorized by a competent state agency to lead the implementation of the scientific and technological task.
4. The principal investigator is the person assigned to organize the implementation of the task.
5. A ministry-level scientific and technological program is a collection of ministry-level scientific and technological tasks (scientific and technological topics, pilot production projects) with a common goal to address scientific and technological issues serving medium- and long-term development and application of science and technology within the jurisdiction of the Ministry of Natural Resources and Environment.
6. A ministry-level scientific project is a task established based on the need to determine theoretical and practical foundations to serve the formulation of mechanisms, policies, and laws within the scope of state administration of the Ministry of Natural Resources and Environment.
7. A ministry-level pilot production project is a scientific and technological task suitable for the scope of state administration of the Ministry of Natural Resources and Environment aimed at applying research results and conducting experimental trials to test scientific and technological solutions, economic and social management models, or small-scale production trials of new products before their large-scale production and application.
8. An urgent ministry-level scientific and technological task is a research task to resolve urgent scientific and technological issues assigned by the Minister of Natural Resources and Environment.
Article 3. Requirements for the leading organization and principal individual to implement scientific and technological tasks; conditions for implementing scientific and technological tasks
1. Organizations and individuals participating in registration for selection or directly assigned to lead the implementation of national-level scientific and technological tasks must comply with the provisions set forth in Article 4 of Circular No. 10/2014/TT-BKHCN dated May 30, 2014, issued by the Minister of Science and Technology on the regulations for selecting and directly assigning organizations and individuals to implement national-level scientific and technological tasks funded by state budget.
2. Organizations participating in registration for selection or directly assigned to lead ministry-level and grassroots-level scientific and technological tasks must simultaneously meet the following requirements:
a) Be a scientific and technological organization or have functions and responsibilities for scientific research and technological development, possess legal personality, have appropriate operational functions corresponding to the research field of the scientific and technological task, and have sufficient human resources, equipment, and infrastructure to effectively carry out the task.
b) Not fall under any of the following circumstances:
- At the time of submitting the application, they have not fully repaid the recovered funds according to previous project implementation contracts;
- Submitting evaluation and acceptance documents for other ministry-level scientific and technological tasks later than sixty days beyond the contract's termination date without the approval of the Minister of Natural Resources and Environment will not be eligible for selection or direct assignment for one (01) year from the contract's termination date.
- The leading organization of the scientific and technological task has committed violations leading to suspension of the task's implementation or failure to apply research results into production and daily life as stipulated in the research and technology development contract and the requirements of the ordering party after the contract's termination will not be eligible for registration for selection or direct assignment for three (03) years from the date of the competent authority's conclusion.
- Failure to fulfill the obligation to register and retain the results of scientific and technological tasks funded by the state budget; failure to report the application of the task's results as required will not be eligible for selection or direct assignment for two (02) years.
3. Individuals registering as the principal of ministry-level and grassroots-level scientific and technological tasks must simultaneously meet the following requirements:
a) Having a bachelor’s degree or higher;
b) Have expertise or a position suitable for the scientific field of the task and have been actively working in that field for at least five (05) years for ministry level; three (03) years for grassroots level, up to the submission date. Special cases are decided by the Minister of Natural Resources and Environment;
c) Be the leader or a key participant in drafting the scientific and technological task description;
d) Possess the ability to directly organize and ensure sufficient time to lead the research work of the scientific and technological task.
đ) Not fall under any of the following circumstances:
- At the deadline for submitting the application, they are still serving as the principal of national-level, ministry-level scientific and technological tasks; or principal of specialized projects;
- An individual principal of a scientific and technological task rated as "unsatisfactory" upon evaluation and acceptance will not be eligible for registration for selection or direct assignment for three (03) years from the date of the evaluation committee's conclusion.
- An individual principal of scientific and technological tasks at all levels who commit violations leading to suspension and criminal liability will not be eligible for registration for selection or direct assignment for five (05) years from the date of the competent authority's decision.
4. Changing the leading organization or principal individual of a scientific and technological task can only be done when the task has not exceeded half of its implementation period or the implemented funds are less than fifty percent of the approved budget. Special cases are reviewed and decided by the Minister of Natural Resources and Environment.
5. Conditions for implementing scientific and technological tasks:
a) There must be a decision approving the content and budget estimate of the task by the competent authority;
b) There must be a written research and technology development contract signed between the ordering party and the receiving party in accordance with current regulations.
Article 4. Management of scientific and technological tasks
1. The Ministry of Natural Resources and Environment shall assign the Department of Science and Technology to take the lead, coordinate with relevant units to guide, inspect and supervise the management and implementation of scientific and technological tasks at all levels as follows:
a) To compile and review the list of scientific ideas; propose and commission new open scientific and technological tasks;
b) To organize a council to determine the list of scientific and technological tasks;
c) To compile and submit for approval the list of selected scientific and technological tasks to be directly assigned;
d) To organize a council to select and examine the direct assignment of organizations and individuals responsible for implementing scientific and technological tasks;
đ) To review the descriptions of scientific and technological tasks at the ministerial level;
e) To inspect, organize evaluation, acceptance, registration, storage and publication of results of scientific and technological task implementation.
2. The Ministry of Natural Resources and Environment shall assign subordinate units to have the responsibility:
- To compile and review the list of scientific ideas; propose and commission new open scientific and technological tasks of units under their management to organize subsequent steps as prescribed in this regulation;
- To guide, inspect, supervise and organize the implementation of scientific and technological tasks of units under their management.
Chapter II
NATIONAL SCIENTIFIC AND TECHNOLOGICAL TASKS
Article 5. Basis for Proposal
1. National science and technology programs approved by the Minister of Science and Technology include: Key national science and technology programs by the Ministry of Science and Technology and other ministries and sectors assigned to take the lead.
2. Urgent issues serving economic and social development; contents of international cooperation on science and technology with foreign countries that have been approved by competent authorities.
Article 6. Procedure for Proposal
1. Based on the annual guidance letter of the Ministry of Natural Resources and Environment, subordinate units shall be responsible for compiling the list of national scientific and technological tasks proposed for commissioning; complete the dossier including: Letter, proposal form and summary table (attached electronic file), send to the Ministry of Natural Resources and Environment (through the Department of Science and Technology).
For tasks under national science and technology programs assigned to the Ministry of Natural Resources and Environment to implement according to the program's management regulations.
2. The Department of Science and Technology shall check and compile the list of proposed national scientific and technological tasks of the Ministry of Natural Resources and Environment to organize an advisory council to determine the list.
Article 7. Procedure for Determining the List
1. For national scientific and technological tasks within the management scope of the Ministry of Science and Technology and other ministries and sectors assigned to take the lead:
a) The Department of Science and Technology shall present to the Minister of Natural Resources and Environment to establish an Advisory Council or seek opinions from consulting experts to determine scientific and technological tasks to propose commissioning to the Ministry of Science and Technology or other ministries and sectors;
b) Based on the results of the work of the Advisory Councils determining scientific and technological tasks or the opinions of consulting experts, the Department of Science and Technology shall compile the list and present to the Minister of Natural Resources and Environment to sign the proposal letter for commissioning from the Ministry of Natural Resources and Environment to the Ministry of Science and Technology or other ministries and sectors.
2. For national scientific and technological tasks under the national science and technology program assigned to the Ministry of Natural Resources and Environment to take the lead:
a) After receiving the proposal form and the compiled list of proposals from the Program Steering Committee, the Department of Science and Technology shall present to the Minister of Natural Resources and Environment to establish an Advisory Council to determine the list of scientific and technological tasks; the procedure and content of the Council's work shall be carried out in accordance with Circular No. 07/2014/TT-BKHCN dated April 10, 2014 issued by the Minister of Science and Technology on the procedures and formalities for determining national scientific and technological tasks using state budget funds;
b) Based on the results of the work of the Advisory Council determining the list of scientific and technological tasks, the Department of Science and Technology shall compile and present to the Minister of Natural Resources and Environment to sign the approval of the list of tasks to organize selection and direct assignment (after the proposals have been revised according to the Council's comments);
3. In case the proposed task is not accepted by the Ministry of Natural Resources and Environment within its authority, the Department of Science and Technology shall notify in writing the reasons for non-acceptance to the subordinate unit that has organized the proposal of the task.
Article 8. Selection and direct assignment of organizations and individuals to perform scientific and technological tasks
1. The selection and direct assignment of organizations and individuals to perform national-level scientific and technological tasks shall be carried out in accordance with the provisions set forth in Circular No. 10/2014/TT-BKHCN dated May 30, 2014 and Circular No. 23/2014/TT-BKHCN dated September 19, 2014 issued by the Minister of Science and Technology regarding amendments and supplements to certain articles of Circular No. 10/2014/TT-BKHCN dated May 30, 2014 of the Minister of Science and Technology on the selection and direct assignment of organizations and individuals to perform national-level scientific and technological tasks using state budget funds.
2. The results of the selection and evaluation of national-level scientific and technological tasks, after approval, shall be notified to the selected organizations and individuals, the immediate superior management agency of the winning organization, and published in the Natural Resources and Environment Newspaper and on the electronic news pages of the Ministry of Natural Resources and Environment.
3. The selected organizations and individuals responsible for implementing scientific and technological tasks shall be responsible for revising and perfecting their winning application files according to the conclusions of the Evaluation Board before submitting them to the competent authority for content and budget review.
Article 9. Review and Approval of Task Descriptions and Signing of Scientific Research and Technological Development Contracts
1. For national-level scientific and technological tasks under the management of the Ministry of Science and Technology and other ministries and sectors, the procedures, formalities, and contents of the steps for reviewing and approving task descriptions shall be carried out in accordance with the provisions set forth in Circular No. 10/2014/TT-BKHCN dated May 30, 2014 and Circular No. 23/2014/TT-BKHCN dated September 19, 2014 issued by the Minister of Science and Technology.
2. For national scientific and technological tasks under the national science and technology program assigned to the Ministry of Natural Resources and Environment to take the lead:
a) The Department of Science and Technology shall submit to the Minister of Natural Resources and Environment for decision on the establishment of a content and budget review team for scientific and technological tasks and appoint a staff member from the Department as administrative secretary. The review team shall consist of:
- The team leader being the head of the Department of Science and Technology;
- One member representing the Financial Department;
- One member being the Chairman or Vice-Chairman or independent expert of the Advisory Council for the selection and direct assignment of organizations and individuals to perform scientific and technological tasks.
Based on practical requirements, the team leader may invite representatives of related organizations and individuals to participate and provide opinions.
b) The review team shall convene meetings in accordance with the provisions set forth in Circular No. 10/2014/TT-BKHCN dated May 30, 2014 and Circular No. 23/2014/TT-BKHCN dated September 19, 2014 issued by the Minister of Science and Technology;
c) Within ten working days, the Department of Science and Technology shall compile the results of the reviews of the tasks, provide specific comments on the application files proposed for selection of each scientific and technological task, and send them to the Financial Department and relevant units (if necessary). Within five working days, the Financial Department and relevant units shall provide written comments to the Department of Science and Technology for compilation and submission to the Minister of Natural Resources and Environment for approval of the content and budget of the scientific and technological tasks;
d) In cases where necessary, the Minister of Natural Resources and Environment may decide to seek opinions from independent experts or conduct on-site inspections of the facilities, technical capabilities, human resources, and financial capacity of the organizations and individuals proposed to lead the tasks. Seeking opinions from independent experts shall be carried out in accordance with Article 16 and Article 17 of Circular No. 10/2014/TT-BKHCN dated May 30, 2014 issued by the Minister of Science and Technology.
3. Signing of task descriptions and research and development contracts:
a) For national-level scientific and technological tasks under the management of the Ministry of Science and Technology and other ministries and sectors that are led by units under the Ministry of Natural Resources and Environment, the Minister of Natural Resources and Environment shall delegate the Director of the Department of Science and Technology to sign the task descriptions on behalf of the managing agency;
b) For national-level scientific and technological tasks within the framework of scientific and technological programs assigned to the Ministry of Natural Resources and Environment, the Minister of Natural Resources and Environment shall delegate the Director of the Department of Science and Technology to sign the approval of task descriptions and research and development contracts on behalf of the Minister of Natural Resources and Environment.
Article 10. Inspection, Supervision, and Adjustment
1. Within fifteen days from the date when the scientific and technological task description is approved and the scientific research and technology development contract is signed, the head of the task shall be responsible for submitting one set of files, including the description and contract to the Ministry of Natural Resources and Environment (through the Department of Science and Technology).
2. For national-level scientific and technological tasks under the management of the Ministry of Science and Technology and other ministries and sectors:
a) The inspection and supervision of scientific and technological tasks shall be carried out according to the management regulations of the Minister of Science and Technology and the program management regulations;
b) In cases where necessary, the Ministry of Natural Resources and Environment shall organize surprise inspections of national-level scientific and technological tasks implemented by units under the Ministry of Natural Resources and Environment.
3. For national-level scientific and technological tasks within the scientific and technological program assigned to the Ministry of Natural Resources and Environment to implement:
a) The inspection and supervision of scientific and technological tasks shall be carried out according to the program management regulations;
b) The head of the unit under the Ministry in charge of the scientific and technological task shall be responsible for urging the individual in charge of the scientific and technological task to build progress reports or reports as required and send them to the Program Management Board and organize internal inspections of the implementation progress and product quality of the scientific and technological task;
c) In cases where necessary, the Ministry of Natural Resources and Environment shall organize surprise inspections of the content, implementation progress, and financial situation of the scientific and technological tasks.
4. The procedures and contents of inspection shall be carried out according to the provisions of the Minister of Science and Technology.
Article 11. Evaluation and Acceptance Procedures
The procedures for evaluating and accepting the results of national-level scientific and technological tasks are carried out according to the provisions of Circular No. 11/2014/TT-BKHCN dated May 30, 2014, issued by the Minister of Science and Technology on the evaluation and acceptance of the results of national-level scientific and technological tasks funded by state budget.
Article 12. Registration, Preservation, and Publication of Information
1. Organizations in charge and individuals in charge of national-level scientific and technological tasks managed by the Ministry of Natural Resources and Environment or led by the Ministry shall carry out registration, preservation, and publication of information according to the provisions of Circular No. 14/2014/TT-BKHCN dated June 11, 2014, issued by the Minister of Science and Technology on the collection, registration, preservation, and publication of information about scientific and technological tasks.
2. Submit one set of files as prescribed in Clause 1 and Clause 3 of Article 12 of Circular No. 14/2014/TT-BKHCN dated June 11, 2014, to the Directorate of Information Technology, Ministry of Natural Resources and Environment;
3. Register with the unit responsible for the Ministry of Natural Resources and Environment's electronic portal to publish the results of the scientific and technological task according to the provisions of Clause 2, Article 11 of Decree No. 43/2011/NĐ-CP dated June 13, 2011, of the Government on providing information and online public services on the website or electronic portal of state agencies;
4. Publish the research results of the scientific and technological task in specialized journals and other mass media.
Chapter III
MINISTERIAL-LEVEL SCIENTIFIC AND TECHNOLOGICAL TASKS
Article 13. Requirements for Ministry-level scientific and technological tasks
1. Requirements for Ministry-level scientific and technological programs:
- Must produce scientific and technological results to serve priority development orientations within the management scope of the Ministry of Natural Resources and Environment regarding:
+ Developing scientific and technological potential in one or several fields;
+ Developing priority technological directions;
+ The outcomes of scientific and technological tasks must demonstrate novelty, creativity, applicability, and meet the program's objectives;
- Must include contents comprising Ministry-level scientific and technological tasks that are directly and indirectly related to each other in terms of expertise;
- The implementation period of the Ministry-level scientific and technological program shall not exceed five years, during which the maximum implementation time for specific scientific and technological tasks must be consistent with the regulations for each type of task.
2. Requirements for Ministry-level scientific and technological topics:
- For applied research and technology development topics, they must meet the following requirements:
+ The technology or scientific and technological product expected: has prospects to create changes in productivity, quality, and efficiency; has a specific application address or commercialization potential;
+ There must be a feasible plan to develop the technology or scientific and technological product during the experimental production phase.
- For basic research topics serving policy formulation and management work, they must meet the following requirement:
+ The outcome must ensure the creation of scientific grounds and timely solutions for addressing practical issues in policy formulation and implementation of Party guidelines and policies, socio-economic development policies, and state laws;
+ At least one article must be published in a national specialized journal.
+ Encourage participation in postgraduate training while conducting the topic.
- The implementation period of the topic shall not exceed thirty-six months from the date of signing the scientific and technological contract.
3. Requirements for Ministry-level scientific projects:
- Building the project must be based on tasks approved by the National Assembly, Government, Prime Minister, or the Ministry of Natural Resources and Environment; cooperation programs between the Ministry of Natural Resources and Environment and other Ministries, agencies at the level of ministries, government agencies, provincial People's Committees, and centrally-administered city People's Committees.
- The research results of the project must be proposals or draft mechanisms, policies, regulatory legal documents with full scientific and practical grounds.
- The implementation period of the project shall not exceed twenty-four months from the date of signing the scientific and technological contract.
4. Requirements for Ministry-level experimental production projects:
- The leading organization of the project must commit to mobilizing financial resources for implementation through cooperation with enterprises or organizations, individuals with non-state budget funds;
- The technology or scientific and technological product must originate from the results of applied research and technology development topics that have been evaluated, accepted, and recommended for implementation or exploitation of inventions, useful solutions by the Scientific and Technological Council;
- The technology or scientific and technological product expected must ensure stability at small-scale production levels and feasibility in application or development at large-scale production levels;
- The implementation period of the experimental production project shall not exceed thirty-six months from the date of signing the scientific and technological contract.
Article 14. Procedure for Proposing
1. Organizations and individuals submit proposal files to subordinate units under the Ministry, the proposal file includes:
- Proposal form for tasks according to the model (PL1-PĐX);
- List of proposed tasks arranged in order of priority according to the model (PL1-THĐX).
2. Subordinate units under the Ministry shall be responsible for:
a) Compiling the list of tasks proposed by organizations and individuals;
b) Establishing and organizing meetings of the advisory council at the grassroots level to determine the list of tasks;
c) Completing the proposal file for scientific and technological tasks and sending it to the Ministry of Natural Resources and Environment (through the Science and Technology Department). The file includes:
- The proposal letter from the unit;
- List of tasks arranged in order of priority (PL1-THĐX);
- Proposal form for each task;
- Order proposals (PL1-PĐH a, b);
- Decision on establishing the advisory council at the grassroots level to determine the list of tasks; Meeting file of the advisory council at the grassroots level (minutes of the council meeting, comments and reviews);
3. The Science and Technology Department compiles the list of scientific and technological tasks proposed by units and the list of tasks directly ordered by the Ministry's leadership (if any) by field, submitting to the Minister for consideration and decision on the list of tasks to be put forward for consultation with the advisory council to determine scientific and technological tasks.
4. In cases where the proposed task is not accepted, the Science and Technology Department informs the individual and unit proposing the task, clearly stating the reasons for non-acceptance.
Article 15. Advisory Council for Determining Scientific and Technological Tasks
1. The Science and Technology Department submits to the Minister for establishment of advisory councils for determining scientific and technological tasks by field and specialty.
2. The advisory council for determining scientific and technological tasks by field and specialty (hereinafter referred to as the Council) consists of nine members: Chairman, Vice-Chairman, two opposing members and other members. The structure of the Council includes scientific and technological experts, members of state management agencies, production and business organizations, enterprises, and other related organizations or expected beneficiaries of research results. A member representing the Science and Technology Department serves as the secretary of the Council.
3. The Council has the task of advising and determining the list of proposed scientific and technological tasks: determining the name, objectives, main content, expected products, and implementation methods (selection or direct assignment) of each scientific and technological task.
4. The Science and Technology Department sends materials to Council members at least seven working days before the meeting date. Materials include: scientific and technological task proposal forms; summary table of task lists and search results for related scientific and technological tasks (PL1-KQTrC).
5. Working Method of the Council
a) Council members provide comments and evaluations on proposed scientific and technological tasks according to the evaluation and comment form (PL1-NXĐG) and send them to the Science and Technology Department at least one working day before the Council meeting;
b) The Council will only convene if at least two-thirds of its members are present, including the Chairman (or Vice-Chairman) and at least one opposing member;
c) The Council operates on the principle of democratic centralism. Council conclusions are adopted when more than three-quarters of the members present agree through direct voting or secret ballot;
Different opinions of members are summarized by the Council's scientific secretary for discussion and voting approval. Council members may request to retain their opinion in cases where it differs from the conclusion of the Chairman;
d) Council members are individually responsible for their opinions and collectively responsible for the Chairman's conclusions. The Chairman is individually responsible for the Council's conclusions;
e) Representatives of units proposing scientific and technological tasks may be invited to attend Council sessions;
6. Procedures and processes for the Council's work
a) The Board Secretary announces the decision to establish the Board;
b) The Chairman manages the session;
c) Council members discuss each proposed task regarding: urgency, novelty, non-duplication, feasibility, applicability, and ability to mobilize resources outside the budget (for experimental production projects);
d) Council members evaluate the proposals and vote to assess the proposed scientific and technological tasks (according to the model PL1 - PĐG);
A proposed scientific and technological task can only be recommended for "implementation" if all evaluated contents meet the requirements in the assessment form; it is recommended for "non-implementation" if any evaluated content does not meet the requirements;
e) The scientific secretary conducts the vote counting, summarizes the vote counting results according to the model (PL1-BBKP);
A scientific and technological task is included in the list of proposed orders for scientific and technological tasks at the Ministry level for selection or direct assignment to organizations or individuals to implement if more than three-quarters of the attending Council members recommend "implementation";
g) For tasks proposed for implementation, the Council discusses specifically to vote unanimously on the task name, objectives, main content, expected products, and implementation method (selection or direct assignment); votes to arrange in order of priority in the list of proposed order tasks;
h) For tasks recommended for non-implementation, the Council discusses specifically to vote unanimously on the reasons for non-implementation;
i) The assessment and advisory determination results are recorded in the Council meeting minutes (according to the model PL1-BBHĐ).
Article 16. Approval of the List of Scientific and Technological Tasks
1. Based on the advisory results of the Council, the Department of Science and Technology compiles the list of scientific and technological tasks (name, objectives, main contents, expected products to be achieved, estimated implementation time, selection method or direct assignment) for submission to the Ministry's Science and Technology Council.
2. The Ministry's Science and Technology Council convenes a meeting to provide opinions on the list of tasks according to each field of the Ministry (minutes according to model PL1-BBDM, review forms according to model PL1-NXDM).
3. On the basis of the recommendations of the Ministry's Science and Technology Council, the Department of Science and Technology compiles the list of selected and directly assigned tasks according to each field (PL1-THDM) for submission to the Deputy Ministers responsible for each field.
4. The Department of Science and Technology compiles the directives of the Deputy Ministers for submission to the Minister for consideration and approval. In necessary cases, the Minister will report to seek independent expert opinions before deciding to approve the list.
5. Within fifteen working days from the date the Minister of Natural Resources and Environment approves the list of scientific and technological tasks, the Department of Science and Technology is responsible for publicly announcing the list of tasks on the Ministry of Natural Resources and Environment's electronic portal and sending the notification document of directly assigned tasks to subordinate units of the Ministry.
Article 17. Urgent Scientific and Technological Tasks
1. When urgent scientific and technological tasks arise due to assignments from Party leaders, State leaders, Government, or the Minister of Natural Resources and Environment, the unit assigned the task shall submit the proposal file for the scientific and technological task (assignment document, organization's proposal letter for the scientific and technological task, task description) to the Department of Science and Technology for submission to the Minister of Natural Resources and Environment for consideration and decision on implementation through direct assignment.
2. Urgent ministerial-level scientific and technological tasks serving state management work are prioritized over other tasks. The approval process for urgent scientific and technological tasks is initiated immediately upon request, regardless of the annual science and technology plan. The Department of Science and Technology is responsible for working with relevant agencies to prioritize budget allocation after the task description has been approved.
Article 18. Documents and Announcements for Registration of Selection and Direct Assignment of Organizations and Individuals to Implement Scientific and Technological Tasks
1. The registration documents for participating in the selection and direct assignment to implement ministerial-level scientific and technological tasks include:
a) A copy of the certificate of registration for scientific and technological activities of the registering organization (if applicable);
b) Application form for task leadership (PL2-ĐĐK);
c) Task description (PL2-TMNVa, b, c);
d) Summary of the registering organization's scientific and technological activities (PL2-LLTC);
e) Scientific curriculum vitae of the individual applying for task leadership and other individuals applying for key roles in the task, confirmed by the personnel management agency (PL2-LLCN);
g) Foreign expert resume accompanied by confirmation of expert salary level (if foreign experts are hired);
h) Confirmation letters from organizations agreeing to collaborate on the task (PL2-XNPH);
i) For research topics: proof of human resource capacity, equipment, and ability to mobilize funds from other sources to implement the topic (if there are collaborating organizations or funding from other sources);
k) For projects: legal commitment documents and explanations of the ability to mobilize at least seventy percent of total investment costs from non-budgetary sources (financial reports of enterprises in the last two to three years; loan commitments or loan guarantee commitments from financial institutions; legal commitments regarding capital contributions from the leading organization and participating organizations);
l) Quotation for equipment and raw materials needed to purchase for task implementation.
2. Announcement of Registration and Participation in Selection for Implementation of Scientific and Technological Tasks
a) At least thirty days prior to the selection event, the Ministry of Natural Resources and Environment announces the list of ministerial-level scientific and technological tasks for selection on its electronic portal for organizations and individuals to register participation. The selection application documents follow the provisions of Clause 1 of this Article;
b) Any organization or individual meeting the conditions stipulated in Article 3 of this Circular has the right to register for participation in the selection for implementation of scientific and technological tasks;
c) The complete set of documents must be sealed and clearly marked on the outside with the name of the scientific and technological task, the name and address of the organization or individual applying for task leadership, and a list of documents and texts included in the file;
d) Number of sets of documents: one (01) original set (with stamps and signatures) presented and printed on A4 paper using Vietnamese font from the Unicode character set according to national standard TCVN 6909:2001, and one (01) electronic version of the file recorded on a CD (PDF format, without password protection);
e) Documents must be submitted within the specified deadline as announced in the selection notice. The receipt date of the documents is considered the postmark date (for postal submissions) or the stamp date of the Ministry's Office (for direct submissions). Before the submission deadline, organizations and individuals registered for participation have the right to withdraw their documents, submit new ones, supplement, or amend previously submitted documents to the selection agency. All supplements and amendments must be submitted within the prescribed period and become part of the file.
g) Documents should be sent to the Ministry of Natural Resources and Environment (through the Department of Science and Technology) for compilation.
Article 19. Procedure for reviewing the mission description of directly assigned tasks
1. The head of the organization responsible for implementing the task shall be responsible for:
a) Organizing the selection or directly assigning to groups or individuals within the unit;
b) Organizing the meeting of the grassroots review board;
c) Completing the dossier within the time limit specified in Clause 1, Article 18 and sending it to the Ministry of Natural Resources and Environment (through the Department of Science and Technology).
2. The Minister of Natural Resources and Environment shall establish the Ministry-level Review Board on Mission Description (the Department of Science and Technology shall propose and appoint members as secretaries of the Board); the Board shall consist of from nine to eleven members including the Chair, Vice-Chair, and other members; the Board must have at least two-thirds of its members who are knowledgeable about the research content of the task. The procedure and content of work of the Board shall be governed by Clause 2 and Clause 3 of Article 20 of this regulation.
Article 20. Procedure for selecting organizations and individuals to implement tasks
1. Opening, checking, and confirming the validity of the dossier:
a) Within fifteen days from the deadline for submitting the dossier, the Department of Science and Technology shall organize the opening, checking, and confirming the validity of the dossier with the participation of representatives of relevant agencies (if necessary) and representatives of organizations and individuals registering to participate in the selection.
b) Valid dossiers will be considered and evaluated if they are prepared according to the correct forms and meet the provisions of Article 3 and Clause 1 of Article 18 of this regulation. Invalid dossiers will be excluded.
c) The results of opening the dossier shall be recorded in the minutes (PL2-BBMHS).
2. Advisory Board for Selecting Organizations and Individuals to Implement Tasks
a) The Minister of Natural Resources and Environment shall establish the Advisory Board for Selecting Organizations and Individuals to Implement Tasks (the Department of Science and Technology shall propose and appoint members as secretaries of the Board); the Board shall consist of from nine to eleven members including the Chair, Vice-Chair, and other members; the Board must have at least two-thirds of experts in the relevant field of scientific and technological research.
- The Board may include one member from the organization that has registered to be the main organizer of the scientific and technological task, but this member cannot be the Chair, reviewer, or scientific secretary of the Board. Individuals registering to participate in the implementation of the task cannot be members of the Board;
- Experts and reviewers who have participated in the Advisory Board to determine priority scientific and technological tasks shall be given priority invitations to join the selection board for direct assignment of corresponding scientific and technological tasks.
b) At least five working days before the meeting, the Department of Science and Technology shall be responsible for sending the scientific and technological task dossier to each Board member. Each member writes an evaluation form (PL2-PNXa, b, c) appropriate to each type of scientific and technological task and sends it back to the Department of Science and Technology at least one day before the meeting.
d) The Board shall only convene when at least two-thirds of the Board members attend; including the participation of the Chair (or Vice-Chair) and one reviewer. Depending on specific cases, representatives of management agencies and related units may be invited to attend the Board meeting.
3. Meeting of the Board:
a) The Board Secretary reads the decision to establish the Board, the minutes of the dossier opening (in case of selection), introduces the composition of the Board and the attendees at the meeting;
b) The Chair of the Board manages the meeting;
c) Individuals registering as the main organizers of scientific and technological tasks present a summary to the Board regarding the research outline, propose funding allocation methods up to the final product or partial funding, and answer questions from the Board (if any). After presenting, individuals registering as the main organizers of scientific and technological tasks shall not continue to attend the Board meeting;
d) Representatives of the agency expected to use the research results express opinions on the necessity and requirements for the research results;
e) Reviewers, members, and the Chair of the Board evaluate each dossier individually and compare dossiers submitted for the same scientific and technological task;
g) The Chair of the Board manages the discussion; the Board discusses and reviews the comments between Board members (if any) before independently scoring on the evaluation form (PL2-PĐGa; b, c) appropriate to each type of scientific and technological task and voting;
h) The tallying committee consists of two Board members (including a Head and a member), assisting the Board in summarizing the results according to the model (PL2-BBKP; PL2-THKP); for selected dossiers, the results are summarized based on the average score from highest to lowest;
i) The Board publicly announces the scoring results, evaluations, and approves the minutes of the meeting (PL2-BBHĐ). Recommends organizations and individuals selected or directly assigned to lead the scientific and technological task. Organizations and individuals recommended by the Board as winners must have the highest average scores across all criteria and must achieve at least 50 out of 100 points. For dossiers with equal average scores, the dossier with a higher score from the Chair of the Board shall be prioritized in ranking.
k) The Board discusses and unanimously votes to recommend determining the results of the meeting with basic information:
- Name of the organization and individual proposed as the winner or directly assigned;
- Points requiring supplementation and modification in the mission description of the scientific and technological dossier selected or directly assigned:
+ Main scientific and technological products with corresponding economic and technical indicators that need to be achieved (if applicable);
+ Number of domestic and foreign experts required to participate in the implementation of the scientific and technological task (if applicable);
+ Funding allocation method (to the final product or partial funding);
+ Other points requiring modifications in the content of the mission description of the scientific and technological task.
4. In cases where it is necessary and when members of the Council have differing opinions on selecting individuals and organizations to lead scientific and technological tasks, the Ministry of Natural Resources and Environment will review and approve after obtaining the evaluation opinion of independent experts. For each file, the opinion of one (01) or two (02) independent consulting experts will be sought. If at least one (01) independent consulting expert recommends selection and direct assignment, the Ministry of Natural Resources and Environment will consider and approve. The files sent to independent consultants will not include the names of the leading organizations and individuals for scientific and technological tasks. Independent consultants are personally responsible for the results of their evaluations.
5. Based on the Council meeting results and the opinions of independent consulting experts, the Department of Science and Technology will compile the selection results and submit them to the Minister of Natural Resources and Environment for approval of the organizations and individuals leading the implementation of the tasks.
6. Organizations and individuals approved for direct assignment to implement scientific and technological tasks are responsible for completing the files according to the Council's opinions within seven (07) days after the Council meeting, with confirmation from the Chairman and reviewing members of the Council (according to model PL2-BCHT); send back to the Department of Science and Technology, Ministry of Natural Resources and Environment.
Article 21. Reviewing and Approving Descriptions; Signing Scientific and Technological Contracts
1. The review team for the content and budget of scientific and technological tasks is defined as Clause 2, Article 9 of this Circular.
Based on practical requirements, the Head of the Review Team may invite representatives of related organizations and individuals to participate and provide opinions;
2. The review file shall be established in four (04) copies, including:
a) Minutes of the Advisory Council meeting for selecting and directly assigning the implementation of tasks;
b) The revised and completed scientific and technological task description and explanatory documents from the organization and individual regarding the adoption of comments and confirmed by the representative of the Advisory Council for selecting and directly assigning (Chairman or Deputy Chairman of the Council);
3. Seven (07) days before the review meeting, the Department of Science and Technology transfers the file to the review team members. The review team convenes to unify the content of the description and the budget of the scientific and technological task and prepares a review record (PL2-BBTĐ).
4. Based on the work results of the review team recorded in the review record (PL2-BBTĐ), the Department of Science and Technology compiles and sends the minutes and notification to the organizations and individuals assigned the task. Within seven (07) days from the date of the review team meeting, the organizations and individuals assigned the task must complete the file according to the review team meeting minutes and resubmit to the Department of Science and Technology.
5. Within ten (10) working days, the Department of Science and Technology reviews the file based on the conclusions of the Advisory Council for examination and selection, the review team, and independent consulting experts (if applicable); sends to the Finance Department and related units (if necessary) for written review opinions. Within five (05) working days, the Finance Department and related units provide their opinions to the Department of Science and Technology for compilation.
6. Based on the compilation of opinions from all relevant parties, the Department of Science and Technology compiles and submits to the Minister for a Decision approving the leading organization and principal individual for the scientific and technological task.
7. The Minister of Natural Resources and Environment assigns the Director of the Department of Science and Technology to sign the approval of the descriptions and sign the research and development technology contracts (PL2-HĐ).
8. The Department of Science and Technology publishes the list of scientific and technological tasks approved on the Ministry of Natural Resources and Environment's electronic portal.
Article 22. Inspection, Evaluation, and Adjustment of Contracts
1. During the implementation process, the organization responsible for implementing scientific and technological tasks shall have the responsibility to regularly inspect, supervise, promptly identify and correct any errors that affect the objectives, contents, progress plans, and results of the approved scientific and technological tasks.
2. Annually, on April 15 and October 15, units responsible for implementing Ministry-level scientific and technological tasks shall report to the Ministry of Natural Resources and Environment (through the Science and Technology Department) on the implementation status and budget disbursement progress, and clearly state any difficulties and recommendations (if any) during the implementation process (according to form PL3-BCĐK).
a) The Ministry of Natural Resources and Environment shall establish an inspection team to review the content, progress, and budget usage of the implementation of scientific and technological tasks. The composition of the inspection team includes:
- Team Leader: Head of the Science and Technology Department;
- Members include representatives from the Departments of Science and Technology, Finance, Planning; experts (if necessary).
b) The team leader shall be responsible for compiling the results and proposing necessary measures. The inspection results serve as the basis for the Minister of Natural Resources and Environment to consider suspending or continuing the implementation, adjusting, supplementing, and terminating the contract. An inspection record of the implementation situation shall be established (according to form PL3-BBKTĐK).
3. The inspection, supervision, and evaluation costs shall be taken from the management budget for scientific and technological activities.
4. Contract adjustment:
a) The leading organization may proactively adjust the budget within the allocated total budget according to the guidance on the cost-sharing system for scientific and technological tasks funded by the state budget issued by the Ministry of Finance and the Ministry of Science and Technology.
b) The Minister of Natural Resources and Environment shall examine and decide on adjustments regarding the name of the scientific and technological task, the leading organization, the principal investigator, the implementation period, the budget, and the method of allocating the task based on the proposal document of the leading organization, subordinate unit of the Ministry (if applicable), and the opinion submitted to the Ministry by the Science and Technology Department. In cases where necessary, the Ministry of Natural Resources and Environment shall seek advice from the Advisory Council before making a decision to adjust.
c) Adjustments to the implementation period can only be made once, not exceeding 12 months for tasks with an implementation period of 24 months or more, and not exceeding six months for tasks with an implementation period under 24 months. Special cases shall be decided by the Minister of Natural Resources and Environment.
Article 23. Evaluation, Acceptance, Registration, Preservation, Publication, and Application of Research Results
At least thirty days before the end date of the scientific and technological task as recorded in the approval decision or adjustment document, the principal investigator must submit the final report and accompanying documents to the leading organization to proceed with the evaluation and acceptance.
1. Self-evaluation of Ministry-level task results.
a) The organization responsible for implementing the task shall have the responsibility to self-evaluate the results of the task according to Articles 6 and 7 of this Decree before submitting the evaluation and acceptance application to the task management unit.
b) The self-evaluation results shall be compiled and reported according to form PL3-KQTĐG.
2. Documentation for the evaluation and acceptance of Ministry-level tasks includes:
a) A letter requesting the evaluation and acceptance of the Ministry-level task from the leading organization according to form PL3-CVNT.
b) A comprehensive report according to form PL3-BCTH and a summary report of the task's results.
c) Scientific and technological products of the task.
d) A copy of the contract and the task description.
e) Documents confirming publication, publication, training, reception, and utilization of research results (if any).
g) Data (surveys, analyses, etc.), task diaries.
h) A confirmation document about the agreement among authors regarding the order of names in the author list.
i) Report on the use of funds for the task.
k) Self-evaluation report on the task's results.
l) Other relevant documents (if any).
3. Information on the results of Ministry-level tasks
Within five working days after receiving valid documentation, the Science and Technology Department shall publish the information on the Ministry’s electronic portal. The published information includes:
- General information about the task: Name; code number; budget; implementation period; leading organization, principal investigator, and main participants.
- Scheduled time and location for the evaluation and acceptance.
4. Advisory Council for Evaluating and Accepting the Results of Ministry-level Tasks
a) The Science and Technology Department shall submit to the Minister of Natural Resources and Environment a Decision to establish the Advisory Council for Evaluating and Accepting the Results of Ministry-level Tasks within fifteen working days from the date of receipt of valid documentation.
b) The Advisory Council for Evaluating and Accepting the Results of Ministry-level Tasks (hereinafter referred to as the Council) consists of nine members including the Chairperson, Vice-Chairperson, two opposing members, a scientific secretary member, and other members, of which: six members are scientific and technological experts, three members are representatives from the leading organization, organizations capable of applying research results, and the agency proposing the task, including at least one member who has participated in the Advisory Council for determining the task or directly assigning the task; a scientific and technological expert working at the leading organization may participate in the Council but cannot serve as Chairperson, Vice-Chairperson, opposing member, or scientific secretary member.
c) Cases where participation in the Council is not allowed: The head of the main subject, individuals directly involved, or those cooperating to implement the task; persons currently being administratively punished for violations in scientific and technological activities, or currently under criminal investigation, or have been convicted without having their criminal record expunged; spouses, parents, children, full siblings of the head of the main subject or other parties with related rights and interests; persons with evidence of conflicting interests with the head of the main subject or the leading organization of the task;
d) In special cases due to complexity or specific requirements of the task, the Minister of Natural Resources and Environment may decide on the number and composition of the Council members differently from the provisions in point b, Clause 4 of this Article.
5. Sessions of the Evaluation and Acceptance Council
a) Evaluation and acceptance documents prescribed in Clauses 2 of this Article shall be sent to Council members and the expert team (if any) at least seven working days before the session, accompanied by comment sheets (PL3-NXKQ-KH, PL3-NXKQ-XH).
b) The Council session shall be organized within thirty days from the date of the decision establishing the Council, and the Council will only convene when the following requirements are met:
- The Department of Science and Technology has received complete written comments from two reviewers and the review opinion of the expert team (if any) at least one working day before the Council session;
- The Council session must have at least two-thirds of its members present, including the Chairman or Deputy Chairman authorized and at least one reviewer;
c) Participants in Council sessions:
- Council members, task leaders, representatives of the leading organization, representatives of the managing agency, representatives of related units, and other members invited by the Department of Science and Technology if necessary;
- The Department of Science and Technology appoints one administrative secretary to assist in preparing documents and organizing Council sessions.
d. Agenda of the Council meeting:
- The administrative secretary announces the decision to establish the Council and introduces the participants;
- A representative of the Department of Science and Technology outlines the main contents and requirements for evaluation and acceptance as stipulated in this regulation;
- The Chairman of the Council presides over the Council's sessions. In the absence of the Chairman, the Chairman authorizes the Deputy Chairman to chair the session;
e) Procedures for the Council's operations:
- The Chairman of the Council unifies and approves the agenda of the Council according to the provisions of this regulation;
- The Council elects or appoints one member as the scientific secretary to record discussions during sessions, draft and finalize the minutes of the evaluation and acceptance based on the conclusions of the Council session;
- The Council elects a ballot counting committee consisting of three Council members, including one chairman to compile the opinions of the Council members;
- The task leader presents a summary of the implementation process, reports on the scientific and technological products, and self-evaluates the results of the task;
- Council members ask questions to the task leader regarding the results and issues related to the task. The task leader and relevant individuals answer the Council's questions (if any) and do not continue to attend the Council session;
- Reviewers read their comments on the task results; the scientific secretary reads the comments of absent members (if any); Council members provide opinions on the task results;
- Council members evaluate the task classification according to the model (PL3-PĐG); the Council conducts a vote to assess the task results; the ballot counting committee compiles and reports the voting results according to the model (PL3-BBKP);
- The Chairman of the Council drafts the Council's conclusion according to the model at (PL3-BBNTDG). If the Council evaluates the classification as "Not Achieved," it must clearly identify the contents implemented according to the contract for the Ministry of Natural Resources and Environment to consider and handle according to current regulations. The Council discusses and agrees on each conclusion content and approves the minutes;
g) The Council's concluding opinion is sent by the Task Management Unit to the Leading Organization within two working days after the session's conclusion as a basis for supplementing and perfecting the dossier;
6. Requirements for Council Evaluation
a) The evaluation of the task results is conducted through an evaluation form bearing the seal of the Ministry on the upper left corner of the first page;
b) Council members evaluate independently without exchanging their evaluation results;
c) An evaluation form is valid if it complies with the regulations for each evaluation content.
d) An invalid form is one that is left blank or does not follow the specified evaluation criteria;
e) The overall classification result of the task is based on the individual evaluations of experts as stipulated;
7. Content of Evaluation and Requirements for Products of the Ministry-Level Task
a) Evaluation of the comprehensive report: Assess the completeness, clarity, authenticity, and logical structure of the comprehensive report (research methods, techniques used...) and accompanying necessary documents (design documents, technology documents, intermediate products, cited documents);
b) Evaluation of the task product compared to the order, including: Quantity and volume of products; quality of products; types of products; features and technical specifications of products.
c) Requirements for the comprehensive report:
- A comprehensive overview of existing research results related to the task;
- Data and materials with representativeness, reliability, authenticity, and up-to-date information;
- The report content should comprehensively present the research results of the task in a systematic and logically structured manner, supported by concrete theoretical and practical arguments to address the research questions, truthfully reflecting the task results consistent with common practices in scientific research;
- The internal structure and scientific writing style should be appropriate;
d) Requirements for products of the ministry-level task.
In addition to the requirements stated in the contract and task description, the products of the ministry-level task must meet the following requirements:
- For products such as samples, materials, equipment, machinery, production lines, and measurable products, they must be tested/examined/inspected at independent specialized agencies suitable for the task, separate from the leading organization.
- For products that are: principle application; method; standard; regulation; technical specification; computer software; design drawings; technological process; diagrams, maps; data, database; analytical reports; forecasting documents (methods, processes, models, etc.); project plans, planning schemes; economic-technical justification, feasibility study reports, and similar products, they must be reviewed by a specialized scientific council or a team of experts established by the organizing entity.
- For products that are: postgraduate training outcomes, useful solutions, inventions, publications, and similar products, they must have a confirmation document from the relevant competent authority.
8. Evaluation and classification for ministry-level tasks
a) Each type of product of the task shall be evaluated based on three criteria regarding quantity, volume, and quality of the product as follows: "Excellent" when it exceeds the requirements set forth; "Achieved" when it meets all the requirements set forth; "Not Achieved" when it does not meet the requirements set forth.
b) The comprehensive report on the implementation results of the task shall be evaluated based on three levels as follows: "Excellent" when the comprehensive report has been completed and meets the requirements; "Achieved" when the comprehensive report needs to be revised and supplemented but can still be completed; "Not Achieved" when it does not fall into the above cases.
c) The overall evaluation of the task shall be based on three levels as follows: "Excellent" when all product criteria reach the "Excellent" level and the comprehensive report reaches the "Achieved" level or higher; "Achieved" when all product quality and type criteria are at the "Achieved" level or higher; at least 3/4 of the volume and quantity criteria are at the "Achieved" level or higher (products that do not meet the volume and quantity criteria must still ensure at least 3/4 of the requirements set forth), and the comprehensive report reaches the "Achieved" level or higher; "Not Achieved" when it does not fall into the two aforementioned cases or if the submission of the dossier is delayed by more than six months from the end date of the contract or the extended date (if applicable).
d) Evaluation and classification by the Council: "Excellent" level if at least 3/4 of the Council members present agree on the "Excellent" level and there is no member evaluating at the "Not Achieved" level; "Not Achieved" level if more than 1/3 of the Council members present evaluate at the "Not Achieved" level; "Achieved" level if the task does not fall into the two aforementioned cases.
9. Handling of ministry-level acceptance results
a) In the case where the scientific and technological task result is classified at the "Achieved" level or higher:
- Within thirty days from the date of the ministry-level evaluation result, the head of the scientific and technological task shall complete the dossier according to the Council's opinions and conclusions and submit it to the Ministry (through the Department of Science and Technology).
- The Department of Science and Technology shall cooperate with the Chairman of the Council to inspect and supervise the completion of the evaluation dossier of the task. The Chairman of the Council shall confirm the completion of the dossier by the head of the task (PL3-BCHTHS).
b) In the case where the scientific and technological task result is classified at the "Not Achieved" level:
- If it has not been extended during the basic-level evaluation process, it may be considered for an extension period of up to six months.
- To be considered for an extension, the scientific and technological task must be recommended for an extension by the evaluation Council, and the organizing entity and subordinate unit of the organizing entity within the Ministry (if applicable) must submit a request (accompanied by the dossier, minutes of the ministry-level evaluation, and handling plan) to the Ministry of Natural Resources and Environment.
- Within fifteen working days from the receipt of the request, the Ministry of Natural Resources and Environment will consider and notify its opinion on the extension of the scientific and technological task.
- After the extension period, the re-evaluation shall be conducted according to the content and procedures stipulated in this regulation but not more than once for each scientific and technological task.
- All costs for completing the contents recorded in the Contract, re-evaluation, and organizing the handling of violations shall be borne by the individual head and the organizing entity of the scientific and technological task.
c) The Ministry of Natural Resources and Environment shall base its decision on the Council's evaluation conclusion and handle it according to current regulations.
d) The organizing entity and the head of the scientific and technological task shall proceed with the procedures to establish intellectual property rights to protect the research results of the scientific and technological task according to current regulations.
10. Registration and retention of ministry-level task results
Within thirty days from the date of the Council meeting, evaluating and accepting the ministry-level scientific and technological task classified at the "Achieved" level or higher, the head of the scientific and technological task shall register and store the results at:
a) The National Science and Technology Information Center in accordance with Circular No. 14/2014/TT-BKHCN dated June 11, 2014, issued by the Minister of Science and Technology, concerning the collection, registration, storage, and publication of information on scientific and technological tasks.
b) The Department of Science and Technology; the managing unit of the scientific and technological task; the organizing entity of the scientific and technological task. Upon receiving the dossier, the Department of Science and Technology shall be responsible for transferring it to the Information Technology Agency for storage according to current regulations on archival information; providing information to the Ministry of Natural Resources and Environment's electronic portal to publish the results.
The dossier includes: final report, summary report, two pages summarizing the research results (in Vietnamese and English), CD containing all products, specialized reports, and minutes of the handover of the scientific and technological task results.
c) The entity responsible for the Ministry of Natural Resources and Environment's electronic portal shall publish the results of the scientific and technological task according to Clause 2, Article 11 of Decree No. 43/2011/NĐ-CP on providing information and online public services on the electronic portal or government website of state agencies.
11. Transfer of research results
a) Within fifteen days from the date of the Council meeting, evaluating and accepting the ministry-level scientific and technological task classified at the "Achieved" level or higher, the head of the scientific and technological task shall be responsible for transferring the research results to the addresses approved in the Task Description.
The competent authorities shall only conduct settlement and finalization for scientific and technological tasks after completing the transfer of research results.
b) Annually, the heads of organizations receiving research results from scientific and technological tasks shall be responsible for reporting on the application and utilization of research results transferred by the task leaders at the Ministry level during the year.
c) The funds for transferring, evaluating the application, and utilizing research results shall be sourced directly from the budgets of the ministry-level projects and the annual science and technology management budget of the Ministry of Natural Resources and Environment.
Article 24. Recognition of Results and Contract Termination
1. The dossier for recognizing the results of task implementation includes:
a) Minutes of the Evaluation Council meeting;
b) A copy of the registration certificate for the results of task implementation;
c) Report on the completion of the evaluation and acceptance dossier according to PL3-BCHTHS issued together with this Circular;
d) Opinions of experts or independent consulting organizations (if any).
2. Recognition of Task Implementation Results.
Within twenty working days from the date of receipt of all documents stipulated in Clause 1 of this Article, the Minister of Natural Resources and Environment shall be responsible for examining and issuing a decision to recognize the results of task implementation according to PL3-QDCKQ issued together with this Circular.
3. Contract Termination:
a) Upon completion of the scientific and technological task, the task leader and the leading organization must submit the final settlement report to the competent authority.
b) After receiving the recognition decision from the Ministry of Natural Resources and Environment, the task management unit shall carry out an assessment, inventory, and handover of products and assets purchased using the task implementation funds.
c) The contract termination between the parties involved in signing the contract shall be conducted after the final settlement and asset inventory of the scientific and technological task (PL3-BBTLHD).
Chapter IV
SCIENTIFIC AND TECHNOLOGICAL TASKS AT THE LOCAL LEVEL
Article 25. Local Proposal
1. Requirements of state administrative management work, research, and basic investigation activities related to natural resources and environment according to the functions and responsibilities of the unit.
2. Planning and plans for developing national technical standards and regulations approved by the Minister of Natural Resources and Environment.
3. Plans for drafting circulars to establish technical regulations within the fields managed by the Ministry, led by the unit.
4. Scientific issues that need to be studied as a basis for proposing ministry-level and national-level tasks or directly serving the unit's operations.
Article 26. Procedure for Proposals
1. Annually, following the guidance of the Ministry of Natural Resources and Environment, requests for scientific tasks (orders) from the Ministry of Natural Resources and Environment and the needs to address scientific and technological issues at the local level; units under the Ministry shall notify and guide organizations and individuals under their jurisdiction to propose local-level scientific and technological tasks.
2. The head of subordinate units shall evaluate and select local-level projects through advisory councils or experts; complete the dossier including: a list of projects arranged in priority order; proposal forms for each project, minutes of the council meeting or expert opinions determining the project list of the unit to be submitted to the Ministry of Natural Resources and Environment (through the Department of Science and Technology).
Application forms shall follow those of ministry-level scientific and technological tasks.
Article 27. Review and submit for approval of the list
1. Review of the list:
a) Based on the submitted documents, the Department of Science and Technology shall review the list of grassroots-level tasks; prepare a record detailing the review opinions and notify the proposing unit. The review contents include:
- Assessing the suitability of each task in the list with the requirements stipulated in Articles 3 and 22 of this regulation;
- Checking for overlaps between scientific and technological tasks and other grassroots-level tasks funded from different sources that have been or are being implemented by organizations and individuals;
b) The Department of Science and Technology sends the reviewed list to seek comments from the Financial Department and the Planning Department. Based on the comments from these departments, the Department of Science and Technology will compile and finalize the list.
2. Approval of the list: The Department of Science and Technology submits the list and funding for grassroots-level tasks to the Minister for examination and approval.
Application forms shall follow those of ministry-level scientific and technological tasks.
Article 28. Procedure for reviewing detailed descriptions
1. Based on the Decision approving the list of grassroots-level tasks, the head of the main department of the Ministry directly assigns organizations and individuals within the unit to develop detailed descriptions of the tasks.
2. The head of subordinate units of the Ministry establishes an Advisory Board to review detailed descriptions of grassroots-level tasks. The Board's responsibilities include examining and evaluating the content of detailed descriptions of grassroots-level scientific research tasks according to the regulations of the Ministry of Natural Resources and Environment. The Board consists of seven members, including at least four experts familiar with the research content of the tasks.
3. Organizations and individuals implementing the tasks complete the detailed descriptions and budgets based on the Advisory Board's conclusions, prepare a report on their adoption of the Board's recommendations, and submit it to the science and technology management organization of the subordinate unit for review.
Application forms shall follow those of ministry-level scientific and technological tasks.
Article 29. Review and approve detailed descriptions and sign contracts
1. The head of subordinate units of the Ministry establishes a review team consisting of three members:
- The team leader is the leader of the unit’s science and technology management organization;
- One staff member from the unit’s science and technology management organization;
- One staff member from the unit’s financial management organization.
2. Documents for reviewing grassroots-level tasks include:
a) Minutes of the Advisory Board meeting;
b) Detailed descriptions of grassroots-level tasks that have been revised and completed;
c) A report from the leading organization and individual about adopting the Advisory Board's recommendations;
d) Other relevant documents (if necessary).
3. The review team is responsible for checking the detailed descriptions and budget estimates of grassroots-level tasks according to current regulations, preparing a review record. In cases where the total budget estimate exceeds 10% of the approved funding amount, written consent from the Ministry of Natural Resources and Environment is required.
4. Based on the review team's minutes, the leading organization and individual complete the detailed descriptions and budget estimates and submit them to the science and technology management organization of the subordinate unit for approval.
5. The head of subordinate units of the Ministry approves the detailed descriptions and budget estimates and implements signing of Research and Development Contracts with the leading organization and task leaders.
6. Within 45 days from the date of the decision approving the list of grassroots-level tasks, subordinate units send two sets of documents to the Ministry of Natural Resources and Environment (through the Department of Science and Technology and the Financial Department) reporting on the approval results of grassroots-level tasks, including:
- Decision establishing the Advisory Board;
- Meeting minutes of the Advisory Board;
- Minutes of the content and financial review;
- Decision approving the detailed descriptions and budget estimates of grassroots-level tasks;
- Approved detailed descriptions of grassroots-level tasks (with electronic files attached);
- Research and Development Contract.
7. The Department of Science and Technology publishes the list of grassroots-level tasks on the Ministry of Natural Resources and Environment's website.
Application forms shall follow those of ministry-level scientific and technological tasks.
Article 30. Inspection, Supervision, and Adjustment
1. The head of the grassroots-level task shall be responsible for reporting on the implementation of the task according to the requirements of the unit under the Ministry.
2. The head of the unit under the Ministry shall proactively organize regular inspections of the implementation of grassroots-level tasks every March and September annually.
3. Adjustments to the schedule (based on the annual budget allocation plan of the Ministry), content, and budget estimate of the grassroots-level task shall be considered and decided upon by the unit under the Ministry.
Application forms shall follow those of ministry-level scientific and technological tasks.
Article 31. Evaluation, Acceptance, Registration, Preservation, Publication, and Application of Research Results
1. At least fifteen days before the end of the implementation period as determined by the approval decision or adjustment document, the head of the grassroots-level task must submit the final report and accompanying documents to the unit under the Ministry for acceptance organization.
2. The evaluation and acceptance of grassroots-level science and technology tasks shall be conducted through the Science and Technology Advisory Council established by the head of the unit under the Ministry, which has the responsibility to review, evaluate, and accept the content and research results of the task in accordance with the regulations of the Ministry of Natural Resources and Environment.
3. Handling of acceptance results:
a) If the task is evaluated as "Achieved" or higher:
- Within ten days from the date of the advisory council's evaluation result, the head of the task must prepare a report on completing the acceptance evaluation dossier according to the council's opinion and send it to the science and technology management organization of the unit under the Ministry.
- The science and technology management organization will check the completion of the grassroots-level task dossier and confirm it in accordance with the regulations.
b) If the task is evaluated as "Not Achieved": if not extended during the implementation process, it may be considered for an extension of up to two months. After the extension period, the evaluation will be redone according to this regulation but not more than once for each grassroots-level task. All additional costs (costs for completing the dossier, acceptance evaluation...) shall be borne by the individual and organization primarily responsible for the task.
The management agency will base its handling on the advisory council's conclusion and follow current regulations.
4. Registration of Grassroots-Level Task Results
a) Within thirty days from when the acceptance advisory council evaluates at the level of "Achieved," the head of the grassroots-level task must register the results with the Information Technology Department, Ministry of Natural Resources and Environment.
b) The registration dossier includes: Registration form; final report; one page summarizing the research results; report on completing the acceptance evaluation dossier according to the council's opinion with confirmation from the unit under the Ministry; CD storing all products, specialized reports, and summary pages.
c) The Information Technology Department is responsible for checking the dossier; considering issuing one certificate of registration for the grassroots-level task results to the organization and individual primarily responsible for the task.
d) The Information Technology Department is responsible for establishing an electronic library page on science and technology of the Ministry of Natural Resources and Environment and updating the results of science and technology tasks on the electronic library page of the Ministry.
5. Preservation of Grassroots-Level Task Results
a) After registering the grassroots-level task results, the head of the grassroots-level task must submit for storage at:
- Ministry of Natural Resources and Environment (through the Department of Science and Technology): two sets, one of which is transferred to the Ministry of Science and Technology;
- Unit under the Ministry: one set;
- Organization primarily responsible for the task: one set.
b) The preservation dossier includes: Final report; CD storing all products; copy of the certificate of registration for grassroots-level task results issued by the Information Technology Department.
6. Publication of Results: The Department of Science and Technology will publish the results on the Ministry of Natural Resources and Environment's electronic information portal according to current regulations.
Forms applicable to grassroots-level science and technology tasks shall follow those of the Ministry-level tasks, except for forms related to registration results, which shall be guided by the Information Technology Department.
7. Annually, the head of the unit under the Ministry shall be responsible for evaluating and reporting to the Ministry of Natural Resources and Environment on the application and use of research results from grassroots-level science and technology tasks within the scope managed by the Ministry.
Funding for the evaluation of application and use of research results shall be taken from the annual science and technology management budget of the Ministry of Natural Resources and Environment.
Article 32. Recognition of Results and Termination of Contracts
1. The recognition of results from the performance of tasks shall be applied to cases evaluated at the level of "Achieved".
2. Documents for recognition include:
a) Minutes of the evaluation and acceptance board meeting;
b) Confirmation of registration and retention of task results;
c) Report on completing the evaluation and acceptance dossier according to the board's opinions.
3. Recognition of results from the performance of science and technology tasks:
a) The science and technology management organization of subordinate units under the Ministry shall be responsible for compiling the documents mentioned in Clause 2 of this Article and submitting them to the unit head for a decision recognizing the results.
b) Within thirty days from receiving all the documents stipulated in Clause 2 of this Article, the unit head of subordinate units under the Ministry shall be responsible for reviewing and issuing a decision recognizing the results.
4. Contract Termination
- Upon completion of the grassroots-level task, the task leader and the main organizing entity must submit the final settlement report to the competent authority;
- After the decision recognizing the results is issued, the main organizing entity and the task leader shall conduct an assessment, inventory, and handover of products and assets purchased with the funds allocated for the science and technology task;
- Within ten days from the completion of related procedures by the main organizing entity and the task leader, the dossier shall be submitted for approval, and the unit head of subordinate units under the Ministry shall sign off on the contract termination and report to the Ministry (through the Department of Science and Technology).
Application forms shall follow those of ministry-level scientific and technological tasks.
Chapter V
REWARD AND VIOLATION HANDLING
Article 33. Awards and Science and Technology Prizes
1. Rewards:
a) Organizations and individuals who successfully complete science and technology tasks, apply their results to practical production and daily life, and achieve significant economic and social benefits shall be considered for awards by the Minister of Natural Resources and Environment.
b) The funding and levels of awards shall be implemented in accordance with current regulations.
2. Science and Technology Prizes: The Ministry of Natural Resources and Environment shall organize the awarding of science and technology prizes to organizations and individuals with outstanding research works and technological development within its jurisdiction, or propose to the Ministry of Science and Technology for consideration of the Ho Chi Minh Prize and State Prize for Science and Technology in accordance with the legal provisions on commendation and rewards.
Article 34. Handling Violations
Organizations and individuals participating in science and technology activities that commit violations shall be subject to administrative penalties according to the provisions of Government Decree No. 64/2013/NĐ-CP dated June 27, 2013, on administrative penalties in science and technology activities and technology transfer, or bear criminal responsibility according to current laws.
Chapter VI
IMPLEMENTATION
Article 35. Implementation
1. The Department of Science and Technology shall be responsible for organizing guidance, implementation, and inspection of the enforcement of this Regulation.
2. In case the legal normative documents referred to in this Regulation are amended, supplemented, or replaced by authorized state agencies, they shall be implemented according to the new documents.
3. During the implementation process, if there are difficulties, relevant state management agencies, organizations, and individuals shall promptly reflect in writing to the Ministry of Natural Resources and Environment./.
Tải văn bản
Văn bản này đang được cập nhật văn bản gốc, vui lòng xem nội dung toàn văn và kiểm tra lại sau.
Bản đồ quan hệ
Bấm vào một văn bản để mở. Viền đỏ = quan hệ làm thay đổi hiệu lực.
Bản dịch
Văn bản này có sẵn ở các ngôn ngữ sau: