Circular No. 07/2010/TT-BKHCN on the operation of the Specialized Council for Key Laboratories and the Council for Key Laboratories.

CIRCULAR

Regulations on the operation of the Specialized Council for Key Laboratories and the Council of Key Laboratories

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

Decree No. Decision No. 850/QĐ-TTg dated September 7, 2000 of the Prime Minister approving the Project "Establishment of Key Laboratories";
Pursuant to Decision No. Circular No. 06/2010/TT-BKHCN dated July 2, 2010 of the Minister of Science and Technology amending and supplementing certain Articles of the Regulation on the organization and operation of key laboratories issued pursuant to Decision No.
dated August 4, 2025, of the Minister of Home Affairs on measures to organize and guide the implementation of the Law on Encouragement and Reward and Decision No. 08/2008/QĐ-BKHCN dated July 8, 2008 of the Minister of Science and Technology, The Ministry of Science and Technology hereby regulates the operation of the Specialized Council for Key Laboratories and the Council of Key Laboratories as follows:
Article 1. These regulations apply to the Specialized Council for Key Laboratories (hereinafter referred to as the Specialized Council) and the Council of Key Laboratories.

PART I
GENERAL PROVISIONS

Article 1. Scope and Applicability

Article 2. Functions, tasks, organization, and working regime of the Specialized Council and the Council of Key Laboratories are stipulated in Article 1 of Circular No. 06/2010/TT-BKHCN dated July 2, 2010 of the Ministry of Science and Technology amending and supplementing certain Articles of the Regulation on the organization and operation of key laboratories issued pursuant to Decision No. 08/2008/QĐ-BKHCN dated July 8, 2008 of the Minister of Science and Technology.

Article 3. Principles of Operation of the Councils

The Specialized Council and the Council of Key Laboratories operate based on the following principles:

Clause 1. The Council operates under a collective working system, making decisions based on majority consensus voting. Depending on specific cases, the Council decides whether to conduct open or secret voting.

Clause 2. The Chairman leads the Council's activities throughout the term, convenes and chairs Council meetings. In the absence of the Chairman, the Vice-Chairman leads the Council by delegation from the Chairman. A Council meeting can only be held when more than half of the Council members are present, including more than half of the members not belonging to the main agency for the Specialized Council.

Clause 3. The program, content, and conclusions of Council meetings are recorded in writing and stored in the Council's activity file. At the end of each plan year, the original file on the activities of the Council of Key Laboratories is sent for storage at the permanent office assisting the Council of Key Laboratories under the Ministry of Science and Technology. The original file of the Specialized Council is kept at the key laboratory according to financial accounting requirements, copies of the file are used to serve the Council's work during the operational period and reported to the Ministry of Science and Technology as prescribed.

ACTIVITIES OF THE SPECIALIZED COUNCIL

Chapter II
Article 4. Appraisal and Evaluation Activities

The appraisal and evaluation activities of the Specialized Council aimed at fulfilling the Council's functions and tasks are carried out through regular and extraordinary Council meetings.

Clause 1. Regular Meetings

Sub-Clause a) Regular meetings of the Specialized Council are organized in January and July each year. The meeting participants include Council members, the Director of the Key Laboratory, the technical assistant of the Ministry of Science and Technology, and invited guests.

The content of regular meetings focuses on the tasks of the Specialized Council as stipulated in Clause 1, Article 1 of Circular No. 06/2010/TT-BKHCN dated July 2, 2010 of the Ministry of Science and Technology amending and supplementing certain Articles of the Regulation on the organization and operation of key laboratories issued pursuant to Decision No. 08/2008/QĐ-BKHCN dated July 8, 2008 of the Minister of Science and Technology.

Sub-Clause b) Preparation work:

- Thirty days before the Council meeting, the Chairman sends a letter requesting the Head of the Main Agency and the Director of the Key Laboratory to prepare written reports and related documents for the Council meeting content.

- The Director of the Key Laboratory prepares and sends the required documents to the Council thirty days before the meeting for the Council leadership to specifically prepare the meeting program and content.

- The program, content, materials, time, and location of the Council meeting are sent to each Council member at least five days before the meeting for members to prepare their opinions.

Sub-Clause c) Procedure for regular meetings:

- The Chairman of the Specialized Council (or the Vice-Chairman by delegation of the Chairman) chairs the meeting.

- The Council appoints one member to record minutes and take notes of the Council meeting.

- Representatives of the science and technology management agency, the main managing agency, and the main hosting agency of the Key Laboratory make statements (if any).

- The Council exchanges and agrees on the meeting program and content. The program and content are agreed upon when more than half of the attending Council members agree.

- The Director of the Key Laboratory reports on the prepared content according to the Council's requirements. Each Council member asks questions, discusses, analyzes, evaluates, and proposes recommendations on the meeting agenda items.

- The Council Secretary reads the comments and evaluations of absent Council members, and the comments and evaluations of experts who are not Council members but whose opinions were sought by the Council (if any). These opinions are only for reference to provide additional information for the Council when discussing and making decisions.

- The Secretary reads out the comments and assessments of the absent Council members, as well as the comments and assessments of experts who are not Council members but were consulted by the Council (if any). These opinions only have reference value for the Council to obtain additional information when discussing and making a decision.

- The chairperson of the meeting consolidates the opinions of the members and proposes conclusions for each discussion topic for the Council to provide comments and vote or conduct a secret ballot. The Council's conclusions are adopted when more than half of the attending members agree. In cases where the number of Council member opinions that concur and those that do not concur are equal, the opinion of the meeting chairperson shall be decisive.

- The Council secretary reads out the minutes of the meeting for the Council to provide comments and approve. The meeting minutes must have the signature of the meeting chairperson and the Council secretary. Based on the Council meeting minutes, the meeting secretary drafts the conclusion document for the Council leadership to approve.

The conclusion document and the Council meeting minutes are sent to the Director of the key laboratory, the leading agency, the managing agency, and the Ministry of Science and Technology as a basis for approving the direction, objectives, tasks, plans, and solutions to enhance the activities of the key laboratory.

2. Emergency meetings

a) Emergency meetings of the specialized council are held upon request of the Minister of Science and Technology, at the proposal of the Director of the key laboratory, or at the proposal of more than half of the council members.

b) After receiving the request as stipulated in Point a of this Clause, the specialized council leadership prepares and reconsiders with the requesting party regarding the program and content expected to be discussed at the emergency meeting and informs the council members about the content, time, and location of the meeting.

c) The procedure for holding emergency meetings of the specialized council of the key laboratory follows the provisions set forth in Point c, Clause 1, Article 3 of this Regulation.

3. Depending on the nature and content of the meetings, the Chairperson of the specialized council may invite representatives from the councils of key laboratories, management agencies, scientists, and representatives of the key laboratory's Board of Directors to attend and exchange views on the discussion topics.

4. The assessment and evaluation reports on the operation of the key laboratory are submitted to the Ministry of Science and Technology, the councils of key laboratories, the leading agency, and the managing agency within thirty days after the conclusion of the council meeting.

Article 4. Supervisory Activities

1. Annually, the specialized council builds and implements a supervision plan for the key laboratory. The supervisory activities of the specialized council towards the key laboratory are carried out through requiring the laboratory director to submit written reports or directly working with the leading agency and the key laboratory.

2. The focus of supervision is on the implementation of the direction, objectives, tasks, and operational plans already approved by the key laboratory; new issues arising during the operation of the key laboratory; compliance with the regulations of the organizational and operational charter of the key laboratory.

3. The Chairperson of the specialized council notifies the head of the leading agency and the Director of the key laboratory in advance about the content and time of work. The specialized council works with the key laboratory's top leadership and departments on issues of concern to the council; contacts with laboratory staff as necessary to gather information.

4. During the supervision of the key laboratory's operations, if it is found that the Director of the key laboratory does not comply with the organizational and operational charter of the key laboratory, fails to implement the contents and solutions recommended by the specialized council, affecting the operation and development of the key laboratory, then the council promptly reports in writing about the entire matter and proposes measures for resolution to the Ministry of Science and Technology and the managing agency for consideration and appropriate decision-making.

5. Regular supervision reports on the key laboratory are sent to the heads of the leading agency, the managing agency, and the councils of key laboratories every December. Ad hoc reports are sent according to the requirements of the Ministry of Science and Technology.

Article 5. Powers and responsibilities of members of the Professional Council

1. The powers of members of the Professional Council include the following:

a) Participating in sessions to inspect and evaluate the operation of key laboratories organized by management agencies according to the assignment of the Chairman of the Council.

b) Participating in training courses, seminars, and surveys both domestically and internationally to update knowledge and enhance professional expertise within the scope of activities of key laboratories.

c) Enjoying benefits as collaborators of key laboratories when conducting research projects at key laboratories in accordance with Point a, Clause 1 and Clauses 3, 4, and 5 of Article 15 of the Regulation on the organization and operation of key laboratories issued pursuant to Decision No. 08/2008/QD-BKHCN dated July 8, 2008 of the Minister of Science and Technology.

d) Being considered for rewards by state management agencies for science and technology upon outstanding completion of tasks.

2. The responsibilities of members of the Professional Council include the following:

a) Attending all sessions of the Professional Council.

b) Fulfilling the tasks prescribed in Clause 1, Article 1 of Circular No. 06/2010/TT-BKHCN dated July 2, 2010 of the Ministry of Science and Technology regarding amendments and supplements to certain articles of the Regulation on the organization and operation of key laboratories issued pursuant to Decision No. 08/2008/QD-BKHCN dated July 8, 2008 of the Minister of Science and Technology.

3. Cases of premature removal from office for members of the Professional Council:

a) Submitting a personal request not to participate in the Professional Council.

b) Going abroad on official business continuously for one year or more, or being hospitalized continuously for six months or more.

c) Absenting oneself continuously from three regular sessions of the Professional Council without a valid reason.

d) Being disciplined with a warning or higher penalty.

4. The Chairman of the Professional Council shall report in writing to the Ministry of Science and Technology and the Head of the managing agency about the premature removal from office of members of the Professional Council as stipulated in Clause 3 of this Article. In cases of premature removal from office of the Chairman of the Professional Council, the Vice-Chairman of the Professional Council shall report to the Ministry of Science and Technology and the Head of the managing agency.

5. The supplementation of new members to replace those removed from office of the Professional Council shall be carried out within thirty days from the date the relevant member was removed from office and in accordance with Article 1 of Circular No. 06/2010/TT-BKHCN dated July 2, 2010 of the Ministry of Science and Technology regarding amendments and supplements to certain articles of the Regulation on the organization and operation of key laboratories issued pursuant to Decision No. 08/2008/QD-BKHCN dated July 8, 2008 of the Minister of Science and Technology.

Chapter III
ACTIVITIES OF THE COUNCIL OF KEY LABORATORIES

Article 6. Activities of the Council of Key Laboratories

The activities of the Council of Key Laboratories shall be conducted in accordance with Clause 2, Article 1 of Circular No. 06/2010/TT-BKHCN dated July 2, 2010 of the Ministry of Science and Technology regarding amendments and supplements to certain articles of the Regulation on the organization and operation of key laboratories issued pursuant to Decision No. 08/2008/QD-BKHCN dated July 8, 2008 of the Minister of Science and Technology.

Article 7. Rights and responsibilities of members of the Councils of key laboratories

1. The powers of members of the Professional Council include the following:

a) Participating in sessions to inspect and evaluate the operation of key laboratories organized by management agencies according to the assignment of the Chairman of the Council.

b) Participating in training courses, seminars, and surveys both domestically and internationally to update knowledge and enhance professional expertise within the scope of activities of key laboratories.

c) Receive remuneration when performing assigned tasks.

d) Being considered for rewards by state management agencies for science and technology upon outstanding completion of tasks.

2. The Chairman of the Council is responsible for the activities of the Council. The Vice-Chairman of the Council is responsible for assisting the Chairman and leading the implementation of certain tasks as assigned by the Chairman.

3. The Secretary of the Council is responsible for assisting the Chairman:

a) Serving as the liaison point for the Council.

b) Preparing documents for Council meetings.

c) Performing other tasks as assigned by the Chairman.

4. Members of the Council are responsible:

a) To perform the tasks of the Council as stipulated in Clause 2, Article 1 of Circular No. 06/2010/TT-BKHCN dated July 2, 2010 of the Ministry of Science and Technology on amending and supplementing certain Articles of the Regulation on the organization and operation of key laboratories issued pursuant to Decision No. 08/2008/QĐ-BKHCN dated July 8, 2008 of the Minister of Science and Technology.

b) To carry out parts of work assigned by the Chairman.

c) To fully participate in the activities of the Council.

5. The permanent agency assisting the Council is responsible:

a) Organizing the activities of the Council.

b) Developing the annual activity plan of the Council and ensuring the operating costs of the Council.

c) Organizing the storage and security of Council documents in accordance with regulations.

Chapter IV
ENSURING CONDITIONS FOR THE ACTIVITIES OF THE COUNCILS

Article 8. Use of seals and facilities for the activities of the Councils

1. The specialized council of key laboratories uses the seal of the main authority of the key laboratory to conduct transactions and relationships within the scope of functions and tasks of the Council as prescribed in Article 1 of Circular No. 06/2010/TT-BKHCN dated July 2, 2010 of the Ministry of Science and Technology on amending and supplementing certain Articles of the Regulation on the organization and operation of key laboratories issued pursuant to Decision No. 08/2008/QĐ-BKHCN dated July 8, 2008 of the Minister of Science and Technology.

The Council of key laboratories uses the seal of the Ministry of Science and Technology in its activities according to the functions and tasks of the Council.

2. The key laboratory is responsible for arranging meeting rooms, service personnel, and necessary conditions for the meetings of the specialized council. The permanent agency assisting the Council of key laboratories is responsible for arranging necessary conditions for the activities of the Council of key laboratories.

Article 9. Financial support for the activities of the Councils

1. Costs for the activities of the specialized council are balanced within the scientific and technological business expenses allocated by the main managing authority to the main authority and the key laboratory for management.

2. Costs for the activities of the Council of key laboratories are balanced within the administrative management expenses of the Ministry of Science and Technology and allocated to the permanent agency assisting the Council of key laboratories for management.

3. The contents of expenditures for the activities of the Councils include:

a) Remuneration for members of the Council and representatives attending Council meetings.

b) Remuneration for research, analysis, and processing of periodic or urgent reports serving the activities of the Council.

c) Remuneration for advisory and supervisory activities, and research to build specialized scientific reports.

d) Travel expenses and working tools for members of the Council.

đ) Other expenditures approved by competent authorities.

4. Expenditure standards for the activities of the specialized council and the Council of key laboratories are applied according to specific regulations of the Ministry of Finance and the Ministry of Science and Technology.

5. Other expenditure standards of the Council are applied according to current regulations.

6. Annually, the main authority is responsible for compiling plans and budgets for the activities of the specialized council and the operations of the key laboratory as prescribed, submitting them to the main managing authority for submission to the Ministry of Science and Technology and the Ministry of Finance for consideration and decision. The budget for the activities of the specialized council is transferred to the main authority to allocate to the key laboratory.

7. Annually, the permanent agency assisting the Council of key laboratories prepares the budget for the Council's activities to be included in the total budget of the Ministry of Science and Technology and decides on the budget for the Council's activities according to regulations.

Chapter V
IMPLEMENTING PROVISIONS

Article 10. Effective Date

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

Article 11. Implementation Organization

1. The Chairman and members of the specialized council of key laboratories, the Chairman and members of the Council of key laboratories, the Heads of the main authority and the Directors of key laboratories, the Heads of related units under the main managing authority, and the Heads of related units under the Ministry of Science and Technology are responsible for implementing this Circular.

2. During the implementation of this Circular, if there are difficulties or obstacles, relevant organizations and individuals should report to the Ministry of Science and Technology for review, amendment, and supplementation./.