Circular No. 05/2024/TT-BKHCN amending and supplementing certain articles of Circular No. 17/2015/TT-BKHCN dated October 8, 2015, issued by the Minister of Science and Technology on managing urgent local science and technology tasks funded by the state budget at the national level.

CIRCULAR

Amending and supplementing certain articles of Circular No. 17/2015/TT-BKHCN dated October 8, 2015 issued by the Minister of Science and Technologyon management of urgent local science and technology tasks funded by the state budget at the national levelscience andtechnology on June 18, 2013;

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Pursuant to the Law KPursuant to Decree No. 28/2023/NĐ-CP dated June 2, 2023 of the Government detailing the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology; specialized agency under the People's Committee of the province/city.Pursuant to Decree No. 08/2014/NĐ-CP dated January 27, 2014 of the Government detailing and guiding the implementation of certain provisions of the Law on

Technology;

At the proposal of the Director of the Department of Technology Application and Technological Progress and the Director of the Legal Department; KPursuant to Decree No. 28/2023/NĐ-CP dated June 2, 2023 of the Government detailing the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology; specialized agency under the People's Committee of the province/city.The Minister of Science and

Technology issues this Circular

amending and supplementing certain articles of Circular No. 17/2015/TT-BKHCN dated October 8, 2015 issued by the Minister of Science and Technology on management of urgent local science and technology tasks funded by the state budget at the national level CArticle 1. Amending and supplementing certain articles of Circular No. 17/2015/TT-BKHCN dated October 8, 2015 issued by the Minister of Science and Technology on management of urgent local science and technology tasks funded by the state budget at the national level as follows: 1. Amending and supplementing certain points in Clause 1 and Clause 2, Article 2 as follows:.

a) Amending Point d, adding Point d1 after Point d in Clause 1, Article 2:

“d) The duration of each urgent local science and technology task shall not exceed thirty-six months. For science and technology tasks that cannot be completed within thirty-six months due to scientific and technological requirements such as seasonal factors and/or production processes (total execution time exceeding thirty-six months), the task must be proposed by the Advisory Council for urgent local science and technology tasks to the leadership of the Ministry of Science and Technology for approval. The opinion of the Council shall be reflected in the Minutes of the Advisory Council meeting;

d1) The time for approving the execution of urgent local science and technology tasks from the date the Ministry of Science and Technology receives the task proposal from the People's Committee of the province/city until the signing of the contract for the execution of the task shall not exceed one year. If the task has not been contracted within one year, it must be re-evaluated for its urgency and novelty before proceeding with the contract signing.

To re-evaluate the urgency and novelty of the task, the Ministry of Science and Technology will request the People's Committee of the province/city where the urgent local science and technology issue arises to confirm the continued relevance of the issue. After receiving the confirmation from the People's Committee, the specialized management unit of the Ministry of Science and Technology will seek opinions from a minimum of three experts who are members of the Advisory Council for urgent local science and technology tasks. Among the experts consulted, there must be either the Chairman or Vice-Chairman of the Council. The urgent local science and technology task will continue if all experts agree to proceed as indicated on the Opinion Request Form. In case of disagreement among the experts, the Ministry of Science and Technology will notify the suspension of the task.”

b) Amending and supplementing Clause 2, Article 2:

“2. Specific requirements for research projects and experimental production projects implemented according to Article 5 of Circular No. 06/2023/TT-BKHCN dated May 25, 2023 issued by the Minister of Science and Technology on the procedures and formalities for determining national science and technology tasks funded by the state budget.”

b) Amend and supplement Clause 2 of Article 2:

“2. Specific requirements for science and technology projects and experimental production projects shall be implemented in accordance with the provisions of Article 5 of Circular No. 06/2023/TT-BKHCN dated May 25, 2023, issued by the Minister of Science and Technology on the procedures and formalities for determining national science and technology tasks funded by the state budget.”.

2. Amending and supplementing Clause 4 as follows:

“Article 4. Proposing, determining, and approving the List of Orders for Urgent Local Science and Technology Tasks

1. The People's Committee of provinces and cities shall consider and select scientific and technological issues that meet the requirements stipulated in Article 2 of this Circular to build proposals for orders accompanied by commitment documents allocating local budget funds and application addresses for implementing tasks, and submit them to the Ministry of Science and Technology.

The construction of proposals for orders, the completion of proposals for orders, and the consolidation of proposals for urgent local science and technology tasks shall be carried out in accordance with the provisions of Articles 4, 7, 8, and 9 of Circular No. 06/2023/TT-BKHCN.

2. The Ministry of Science and Technology shall organize the determination of urgent local science and technology tasks in accordance with the provisions of Circular No. 06/2023/TT-BKHCN.

3. Amend and supplement Clause 1 of Article 5 as follows:

“1. The selection and direct assignment of organizations and individuals to implement urgent local science and technology tasks shall be carried out in accordance with the provisions of Circular No. 20/2023/TT-BKHCN dated October 12, 2023, issued by the Minister of Science and Technology on the selection and direct assignment of organizations and individuals to implement national-level science and technology tasks funded by state budget.”

4. Amend and supplement Clause 1 of Article 6 as follows:

“1. Based on the Decision approving the task, the Ministry of Science and Technology assigns the financial management unit of the urgent local science and technology task under the Ministry to sign a contract.”

5. Amend and supplement Clause 2 and add Clause 3 of Article 7 as follows:

“2. The inspection, evaluation, and adjustment during the implementation of science and technology tasks shall be applied according to the provisions of Circular No. 04/2015/TT-BKHCN dated March 11, 2015, issued by the Minister of Science and Technology on the inspection, evaluation, adjustment, and termination of contracts during the implementation of national-level science and technology tasks funded by the state budget. The duration of implementing urgent local science and technology tasks shall not contravene the provisions of Point d Clause 1 of Article 2 of this Circular.

3. In cases where urgent local science and technology tasks need to be extended due to natural disasters, epidemics, or other objective factors (new scientific and technological issues arising from research and application objects, destruction), affecting the results of the task, and the total time for implementing the task and the necessary extension period exceeds 36 months (including science and technology tasks approved beyond 36 months as stipulated in Point d Clause 1 of Article 2 of this Circular), each urgent local science and technology task specified in this clause may only be extended once, not exceeding six months for tasks approved within 36 months and extended once, not exceeding one year for tasks approved beyond 36 months as stipulated in Point d Clause 1 of Article 2 of this Circular. The procedures for extending the task shall be carried out in accordance with the provisions of Circular No. 04/2015/TT-BKHCN.”

6. Amend and supplement Clause 2 of Article 12 as follows:

“2. The leading organization responsible for the duties of Party B signing the contract to implement urgent local science and technology tasks with the agencies and units specified in Clauses 1 and 2 of Article 6 of this Circular.”

7. Add Clause 5 after Clause 4 of Article 14 as follows:

“5. Direct the monitoring, inspection, and reporting to the Ministry of Science and Technology on the situation of applying the results of urgent local science and technology tasks in accordance with Clause 1 of Article 40 of the Law on Science and Technology 2013 and Clause 2 of Article 19 of Circular No. 14/2014/TT-BKHCN dated June 11, 2014, issued by the Minister of Science and Technology on the collection, registration, storage, and publication of information on science and technology tasks, amended and supplemented by Circular No. 11/2023/TT-BKHCN dated June 26, 2023, issued by the Minister of Science and Technology, after receiving the results of urgent local science and technology tasks.”

Article 2. Effective Date

1. This Circular takes effect from September 1, 2024.

2. During the process of implementation, if the regulatory legal documents cited in this Circular are replaced or amended, they shall be implemented according to the newly issued documents.

Article 3. Responsibility for Implementation

1. If there are difficulties during the implementation, please reflect them in writing to the Ministry of Science and Technology for guidance or study for appropriate amendments and supplements.

2. The Minister, the Heads of Ministries equivalent to ministries, the Heads of government agencies, the Chairmen of provincial and municipal people's committees directly under the central government, and related organizations and individuals are responsible for enforcing this Circular./.