Circular No. 06/2010/TT-BKHCN on Amending and Supplementing Certain Articles of the Regulation on the Organization and Operation of Key Laboratories issued together with Decision No. 08/2008/QĐ-BKHCN dated July 8, 2008 of the Minister of Science and Technology.

CIRCULAR

Regarding amendments and supplements to certain Articles of the Regulation on the organization and operation of key laboratories issued together with Decision No. 08/2008/QĐ-BKHCN dated July 8, 2008 of the Minister of Science and Technology

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Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decision No. 850/QĐ-TTg dated September 7, 2000 of the Prime Minister approving the Project "Establishment of Key Laboratories";

The Ministry of Science and Technology amends and supplements certain Articles of the Regulation on the organization and operation of key laboratories issued together with Decision No. 08/2008/QĐ-BKHCN dated July 8, 2008 of the Minister of Science and Technology as follows:

Article 1. Amending and supplementing Article 13 and Article 14 of Decision No. 08/2008/QĐ-BKHCN dated July 8, 2008 of the Minister of Science and Technology.

1. Amending and supplementing Article 13 as follows:

"Article 13. Board of key laboratories.

The Board of key laboratories consists of: the specialized board of key laboratories (hereinafter referred to as the specialized board) and the board of key laboratories.

1. Specialized board of key laboratories

The specialized board shall be established by the Minister of Science and Technology after obtaining written agreement from the head of the direct management agency regarding the members of the specialized board, with a term of five years. The specialized board performs advisory and supervisory functions concerning the professional activities of key laboratories. The tasks of the specialized board include:

a) Studying, analyzing, and processing periodic or ad hoc reports on the activities of key laboratories.

b) Providing written comments on the evaluation, examination, determination, and supervision of the feasibility of directions, goals, tasks, and annual implementation plans of key laboratories.

c) Conducting periodic or ad hoc evaluations of the results and effectiveness of the activities of key laboratories according to regulations of the Ministry of Science and Technology; providing comments on the activity evaluation report of key laboratories at the request of the Evaluation Agency.

d) Promptly proposing solutions to the Minister of Science and Technology and relevant agencies for handling difficulties and issues arising in the activities of key laboratories or for adjusting their operations.

đ) Leading research on some scientific topics and performing other tasks as required by the management agency.

2. Board of key laboratories

The board of key laboratories shall be established by the Minister of Science and Technology with a term of five years. The board of key laboratories has the function of assisting the Minister of Science and Technology in organizing and implementing the following tasks:

a) Continuously monitoring the activities of specialized boards, proposing issues that need resolution, and requesting the directors of relevant key laboratories to report on these issues to maintain stable operations of key laboratories.

b) Advising on the development plan for five years and annually of key laboratories; consolidating and processing evaluation reports on the activities of key laboratories conducted by specialized boards; participating in on-site inspections of key laboratories and the activities of specialized boards when necessary.

c) Advising on the content of cooperation between key laboratories to address common cross-disciplinary tasks.

d) Advising on the investment in large-scale dedicated research equipment for shared use among key laboratories.

đ) Participating in researching and developing planning, programs, and mechanisms and policies for the development of key laboratories.

e) Performing other tasks as required by the Minister of Science and Technology."

2. Amending and supplementing Article 14 as follows:

"Article 14. Organization and working system of the specialized board and the board of key laboratories.

1. Organization of the specialized board:

a) The specialized board consists of five members, including no more than two members from the main agency and none of them shall concurrently hold the position of Chairman of the specialized board.

b) Criteria for members of the specialized board:

- Being a domestic or foreign scientific and technological officer, or a Vietnamese person residing abroad, holding a master's or doctoral degree in the field of science and technology of the key laboratory, in special cases decided by the Minister of Science and Technology.

- Having capability and credibility in scientific and technological activities, demonstrated by the number of published research works domestically and internationally; the number of patents, scientific and technological products protected by intellectual property rights; the number of applied and transferred scientific and technological advancements.

- Being trusted by the scientific community based on survey results conducted by the Ministry of Science and Technology.

c) The permanent office supporting the specialized board is located at the key laboratory under the main agency.

2. Organization of the board of key laboratories:

a) Members of the board of key laboratories include representatives from some functional units under the Ministry of Science and Technology, the Ministry of Finance, and the Ministry of Planning and Investment; some scientists and managers, with the Chairman being a leader of the Ministry of Science and Technology.

b) Criteria for members who are scientists: Scientists joining the board are selected according to the criteria stipulated in Point b, Clause 1 of this Article.

c) The permanent office supporting the board is located at the Institute of Scientific Evaluation and Technological Valuation under the Ministry of Science and Technology.

3. Working system of the specialized board and the board of key laboratories.

a) The specialized council and the council of key laboratories shall convene regularly every six months and may convene at short notice if more than half of the council members request it or upon the request of the Minister of Science and Technology. The specialized council may work directly with the leading agency and the director of key laboratories to address necessary tasks; the content and time of the council's meetings shall be notified in advance to the head of the leading agency and the directors of key laboratories.

b) Regulations on the operation of the specialized council and the council of key laboratories shall be decided by the Minister of Science and Technology.

c) Key laboratories shall ensure the necessary conditions for the meetings and operations of the specialized council. The permanent office assisting the council of key laboratories shall ensure the necessary conditions for the meetings and operations of the council of key laboratories.

d) The operating costs of the specialized council shall be balanced within the scientific and technological affairs budget allocated by the managing agency to the leading agency and the key laboratory for management. The operating costs of the council of key laboratories shall be balanced within the administrative management budget of the Ministry of Science and Technology and allocated to the permanent office assisting the council of key laboratories for management.

Article 2. This Circular shall take effect 45 days from the date of issuance.

Article 3. The heads of units under the Ministry of Science and Technology; the heads of managing agencies, the heads of leading agencies, the chairpersons of the specialized council of key laboratories, the chairpersons of the council of key laboratories, and the directors of key laboratories are responsible for implementing this Circular.