Circular No. 07/2013/TT-BKHCN stipulates the principles, forms, and contents of cooperation documents with foreign countries in the field of science and technology.

CIRCULAR

Regulations on principles, forms, and contents of cooperation documents with foreign countries in the field of science and technology

Issued based on Decree No. 80/2010/NĐ-CP dated July 14, 2010 of the Government on cooperation and investment with foreign countries in the field 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;

Considering the proposal of the Director of the Department of Evaluation, Appraisal, and Technology Inspection,

The Minister of Science and Technology issues this Circular to regulate the principles, forms, and contents of cooperation documents with foreign countries in the field of science and technology.

1. This Circular stipulates the principles, forms, and contents of cooperation contracts and cooperation agreement documents (hereinafter referred to collectively as cooperation documents) with foreign countries in the field of science and technology.

Article 1. Scope and Applicability

2. This Circular applies to organizations and individuals in Vietnam cooperating with foreign organizations and individuals in the field of science and technology.

3. Provisions regarding the principles, forms, and contents of technology transfer contracts and intellectual property rights transfer contracts are not within the scope of regulation of this Circular.

Cooperation agreement documents in the field of science and technology are documents specifying general commitment terms, coordination mechanisms, specific conditions binding the legal responsibilities of the parties involved.

Article 2. Definitions.

Memorandum of Understanding in the field of science and technology is a document recording initial intentions (non-binding legally) serving as a basis for the parties to implement subsequent steps of scientific and technological cooperation activities.

Scientific and technological cooperation contract is an agreement document stipulating the rights, obligations, and responsibilities of the cooperating parties for conducting scientific research, technological development research, and service provision in scientific research and technological development activities.

Cooperation plan is a document determining objectives, methods, results, timelines, and necessary resources to implement the agreed cooperation contents in the field of science and technology.

Cooperation program is a commitment document between the parties clearly defining: objectives, contents, implementation methods, cooperation results to be achieved, resources to be used, timeframes and implementation plans, obligations, rights, and responsibilities of the parties.

Article 3. Principles for signing cooperation documents 1. Cooperation documents in the field of science and technology shall be agreed upon voluntarily, on an equal and mutually beneficial basis, in accordance with Vietnamese laws and international treaties, international agreements to which Vietnam is a party, or international custom (if applicable).

2. Cooperation documents must align with the national strategy for science and technology development, plans, programs, and projects of the State.

Article 4. Language used in cooperation documents

The language used in cooperation documents is Vietnamese and a foreign language agreed upon by the parties. Cooperation documents in Vietnamese and a foreign language have equal legal validity.

Article 5. Forms of cooperation documents

1. Scientific and technological cooperation contracts;

2. Memorandums of Understanding;

3. Agreement documents;

4. Cooperation plans;

5. Cooperation programs;

6. Other forms agreed upon by the parties.

5. Cooperation program;

6. Other forms agreed upon by the parties.

Article 6. Main contents of cooperation documents

1. For scientific and technological cooperation contracts

a) Information of the parties to the contract;

b) Concepts, explanations of terms used in the contract;

c) Objectives, contents, scope, results to be achieved, ...;

d) Location, duration, methods for implementing the agreement;

đ) Rights and responsibilities of the parties in implementing the contract;

e) Provisions on the use of results and sharing of benefits when using the results of implementing the contract (if applicable);

f) Evaluation and acceptance of implementation results;

g) Provisions on intellectual property rights (if applicable);

h) Costs and resources for implementing the contract and payment methods (if applicable);

i) Handling violations anddispute resolution;

k) Applicable law;

l) Feasibility and economic-social effectiveness;

m) Other agreements.

2. For memorandums

a) Information of the parties;

b) Basis for cooperation;

c) Principles of cooperation;

d) Objectives, contents, forms of cooperation;

đ) Resources for implementation.

3. For agreement, cooperation plan, cooperation program documents

a) Information of the parties;

b) Objectives, contents, forms of cooperation and expected results;

c) Resources for implementation;

d) Implementation organization method;

e) Implementation rollout plan;

g) Coordination mechanism for implementation;

h) Feasibility and economic-social effectiveness.

In addition to the contents stipulated in Clause 1, 2, and 3 of this Article, the parties may agree on other contents suitable with specific conditions of the cooperation activities and current laws.

Article 7. Implementation Organization

1. Within 15 (fifteen) working days from the date of signing the cooperation document, the Vietnamese organizations or individuals representing the parties shall send a notification letter along with one copy of the cooperation document to the competent state management agency as prescribed in Clause 2, Article 10 of Decree No. 80/2010/NĐ-CP dated July 14, 2010.

2. Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees under central cities have the responsibility to compile the situation of scientific and technological cooperation activities of the previous year and submit it to the Ministry of Science and Technology before February 15 each year.

Article 8. Implementation clause

1. This Circular takes effect 45 days from the date of issuance.

2. During the implementation of this Circular, if there are any difficulties, ministries, ministerial-level agencies, government-affiliated agencies, localities, and organizations and individuals shall reflect them to the Ministry of Science and Technology for appropriate amendments and supplements./.