Circular No. 07/2016/TT-BKHCN on the management of the Program to support the application and transfer of scientific and technological progress to promote economic and social development in rural areas, mountainous regions, and ethnic minority areas for the period 2016-2025.

CIRCULAR

Provisions on management Program to support the application and transfer of scientific and technological progress to promote economic and social development in rural areas, mountainous regions, and ethnic minority areas

for the period 2016-2025d) To guide, monitor, inspect, and compile reports on the implementation of this Circular;

dated June 18, 2013 Pursuant to Decree No. 20/2013/NĐ-CP dated February 26, 2013 of the Government

________________________

Pursuant to the Law Science and Technology Pursuant to Resolution No. 1747/QĐ-TTg dated October 13, 2015 of the Prime Minister approving the Program to support the application and transfer of scientific and technological progress to promote economic and social development in rural areas, mountainous regions, and ethnic minority areas for the period 2016-2025;;

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 Science and Technology;

At the proposal of the Director of the Department of Science and Technology for Economic and Engineering Industries and the Director of the Legal Department; stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Implementing Decision No. 1747/QĐ-TTg dated 13 the 10 1. This Circular stipulates the management of the Program to support the application and transfer of scientific and technological progress to promote economic and social development in rural areas, mountainous regions, and ethnic minority areas for the period 2016-2025 approved by Decision No. 1747/QĐ-TTg dated October 13, 2015 of 2. This Circular applies to organizations and individuals implementing and participating in the Program; state agencies, organizations, and individuals related to the Program.

The managing unit of tasks under the Program

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

(hereinafter referred to as the Managing Unit of Tasks) is the unit assigned by the Minister of Science and Technology to perform the state management function for the Program and is responsible to the Minister for organizing the implementation and effectiveness of the Program.

The managing unit of funds for implementing tasks under the Program

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. (hereinafter referred to as the Managing Unit of Funds) is the unit directly assigned by the Minister of Science and Technology to manage and use the state budget to implement tasks under the Program. The leading organization of projects

2. is the organization entrusted with directly building and implementing projects under the Program. The supporting organization for technology application

3. is the organization implementing support for the application and transfer of technology to the leading organization of projects under the Program. Tasks under the Program include projects and regular tasks under the Program.

4. Projects under the Program are projects applying and transferring technology as prescribed in Clause 1, Point III, Article 1 of Decision No. 1747/QĐ-TTg dated October 13, 2015 of

Article 3. Tasks under the Program

Regular tasks under the Program

1. are training and capacity-building tasks to enhance the qualifications of participants in the Program, database construction, and communication activities of the Program as prescribed in Points a and b, Clause 2, and Clause 3, Point III, Article 1 of Decision No. 1747/QĐ-TTg, and tasks serving the management of the Program. Among them, tasks prescribed in Points b and c, Clause 2, Point III, Article 1 of Decision No. 1747/QĐ-TTg shall be integrated into the projects mentioned in this Clause. Article 4. Classification of projects under the Program

2. 1. Projects directly managed by the Ministry of Science and Technology (hereinafter referred to as centrally-managed projects) are large-scale projects with expected results that can be widely applied in many provinces and cities. 2. Projects delegated to provincial People's Committees for management (hereinafter referred to as locally-managed projects) are projects not falling within Clause 1 of this Article.

3. The classification of these projects is decided by the Minister of Science and Technology based on the advisory opinions of the Advisory Council established by the Minister of Science and Technology to determine the list of projects under the Program.

Projects under the Program are classified into two groups:

1. A project directly managed by the Ministry of Science and Technology (hereinafter referred to as a centrally-managed project) is a large-scale project whose expected results have the potential for widespread application in many provinces and cities.

2. A project delegated to management by the People's Committee of a province or centrally-administered city (hereinafter referred to as a locally-delegated project) is a project not falling under Clause 1 of this Article.

3. The classification of such projects shall be decided by the Minister of Science and Technology based on the advisory opinions of the Advisory Council established by the Minister of Science and Technology to determine the list of projects under the Program.

Article 5. Principles of Program Management

1. Project Management under the Program

a) The Ministry of Science and Technology shall uniformly manage all projects under the Program and directly manage projects managed by the Central Government;

The Ministry of Science and Technology shall be responsible for determining the list of projects to be supported (including projects managed by the Central Government and those delegated to local governments for management); directly implementing the review and approval of project proposals, signing contracts, inspecting, evaluating, adjusting during implementation, and finalizing and approving project outcomes managed by the Central Government.

b) Provincial People's Committees shall manage projects delegated to local governments for management;

Based on the list of projects authorized by the Ministry of Science and Technology for management, the Department of Science and Technology shall assist the Provincial People's Committee in organizing the review and approval of project proposals, signing contracts, inspecting, evaluating, adjusting during implementation, and finalizing and approving the outcomes of delegated projects; coordinating management between the Ministry of Science and Technology and localities in managing projects within their jurisdictions.

2. Management of Regular Tasks under the Program Regular tasks specified in Clause 2, Article 3 of this Circular shall be organized and implemented by the Financial Management Unit.

3. Public Disclosure of Information Related to Projects under the Program According to Clause 1, Article 8 of this Circular and other relevant laws.

Article 6. Requirements for the Leading Organization, Project Leader, Supporting Organization for Technology Application, Applied Technology, and Duration of the Project

1. Leading Organization of the Project:

a) An organization established and operating in accordance with the law;

b) Possessing technical facilities to ensure the implementation of the project; having the ability to mobilize non-budgetary funds and other resources to implement the project;

c) Directly implementing the project, absorbing and benefiting from its results;

d) Having the capacity to organize value chain production or produce goods that create livelihoods for people in difficult areas and ethnic minority regions;

đ) Having its headquarters in the province or city where the project is implemented, except in special cases approved by the Ministry of Science and Technology;

e) Not falling under the circumstances of not meeting the conditions for selection and direct assignment to implement national science and technology tasks funded by the state budget as stipulated in Article 4 of Circular No. 10/2014/TT-BKHCN dated May 30, 2014 issued by the Minister of Science and Technology on the selection and direct assignment of organizations and individuals to implement national science and technology tasks funded by the state budget.

2. Project Leader must meet the following requirements:

a) A worker of the Leading Organization of the Project, having appropriate expertise, a degree of at least college level in the field of technology transferred in the project, and at least three years of work experience for those with a bachelor's degree or higher and at least five years for those with a college degree;

b) Not falling under the circumstances of not meeting the conditions for selection and direct assignment to implement national science and technology tasks funded by the state budget as stipulated in Article 4 of Circular No. 10/2014/TT-BKHCN dated May 30, 2014 issued by the Minister of Science and Technology on the selection and direct assignment of organizations and individuals to implement national science and technology tasks funded by the state budget.

3. Supporting Organization for Technology Application:

a) An organization established and operating in accordance with the law;

b) Having sufficient scientific staff to master the applied technology, capable of transferring technology;

c) Being the owner of the technology or having legitimate rights to transfer the technology or being the Leading Organization of a provincial, central, or national-level science and technology task funded by the state budget that created the applied technology.

4. Selected technology for application and transfer must meet the following requirements:

a) Addressing important issues for economic and social development in the project implementation area and ensuring environmental protection requirements; suitable for the development needs and actual conditions of the region and the objectives of the Program;

b) Advanced, innovative, and more effective than currently widely used technologies in the locality;

c) Having a stable technical process compatible with the absorption capacity of organizations and people in the project implementation area;

d) Recognized as a new technological advancement according to the regulations of the Ministry of Agriculture and Rural Development or generated from a provincial, central, or national-level science and technology task funded by the state budget that has been evaluated and accepted at a satisfactory level or above, or approved for application and transfer by the Minister of Science and Technology.

5. Duration The maximum duration of the project is 36 months. For long-term crop planting projects, forest planting, raw material development combined with processing, and some other special cases, the duration may be extended but not exceeding 60 months.

Article 7. Project Codes under the Program

Projects under the Program shall be recorded as follows: NTMN.TW(ĐP).XX-20YY, where:

1. NTMN: Is a common code for projects under the Program on supporting the application and transfer of scientific and technological progress to promote rural and mountainous economic and social development during the period of 2016-2025;

2. TW: Is a code for projects managed by the Central Government;

3. ĐP: Is a code for projects delegated to localities for management;

4. XX: Is the serial number of the project;

5. YY: Is the last two digits of the year when the project starts implementation.

Article 8. Information and Retention of Results of the Program

1. Information about projects under the Program (including name, objectives, content, expected products, leading organization, technology application supporting organizations, centrally-managed projects or projects delegated to localities for management, time frame; summary of project results under the Program) shall be publicly announced on the electronic information website of the Financial Management Unit (http://www.miennui.most.gov.vn) or other mass media according to current regulations.

2. Communication on the results of tasks under the Program shall be carried out in accordance with the provisions of the Law on Science and Technology and the Press Law. Localities proposing orders and applications of technology from projects, Leading Organizations of projects, Technology Application Supporting Organizations have the responsibility to organize information dissemination and popularization of results to enhance the effectiveness of the Program's results replication.

3. Leading Organizations shall implement registration and retention of results of tasks at the National Scientific and Technological Information Center under the Ministry of Science and Technology in accordance with Circular No. 14/2014/TT-BKHCN dated June 11, 2014 of the Minister of Science and Technology on the collection, registration, retention, and publication of information on science and technology tasks.

Article 9. Management Structure of the Program

Chapter II

MANAGEMENT OF THE PROGRAM

1. The main units assisting the Minister of Science and Technology in managing the Program include the Task Management Unit and the Financial Management Unit. Specific tasks of units participating in managing the Program shall be implemented in accordance with the provisions of the Ministry of Science and Technology.

2. Provincial Departments of Science and Technology are the lead units assisting People's Committees of provinces and cities in organizing the implementation of the Program locally, managing the content and budget of projects delegated to localities for management.

1. Organizing the implementation of the Program according to the division of responsibilities by the Prime Minister in the decision

Article 10. Responsibilities of the Ministry of Science and Technology

a) Determining and approving a list of projects consistent with the Program's objectives and content; determining the classification of centrally-managed projects and projects delegated to localities for management;

b) Directly assigning centrally-managed projects; approving content, budget, Leading Organization, Technology Application Supporting Organization, and time frame for centrally-managed projects and regular tasks of the Program;

c) Approving financial support from the central government's science and technology business budget for projects delegated to localities for management;

d) Compiling the Program's budget estimate to balance within the annual business budget estimate for science and technology; allocating the Program's general activity budget estimate and the budget estimate for centrally-managed projects to the Financial Management Unit; coordinating with the Ministry of Finance to balance targeted financial support from the central government's science and technology business budget for projects delegated to localities for management;

đ) Taking the lead in inspecting the implementation and deciding on adjustments during the implementation of centrally-managed tasks; coordinating with provincial and city People's Committees to inspect the implementation of projects delegated to localities for management;

e) Approving bidding plans for purchasing materials and equipment using funds from the central government's science and technology business budget for centrally-managed projects according to current regulations;

g) Auditing the final accounts of centrally-managed projects under the Program and the Program's general activity budget;

h) Organizing the evaluation, acceptance, approval of results, and asset handling of centrally-managed projects;

i) Organizing annual performance evaluations, mid-term reviews after five years, and comprehensive reviews of the Program's implementation.

2. Assigning responsibilities for organizing the implementation of tasks specified in Clause 1 of this Article to the Task Management Unit, the Financial Management Unit, and related units according to the provisions of the Ministry of Science and Technology.

1. Organizing the implementation of the Program according to the division of responsibilities by

Article 11. Responsibilities of the People's Committee of Provinces and Cities under Central Government Direct Control

a) Proposing projects consistent with the Program's objectives and content; classifying centrally-managed projects and projects delegated to localities for management to propose orders with the Ministry of Science and Technology in accordance with Article 14 of this Circular;

b) Establishing and organizing provincial and city science and technology councils to directly assign projects delegated to localities for management after receiving the decision approving financial support from the Minister of Science and Technology;

c) Reviewing and approving projects delegated to localities for management, including name, objectives, products, Leading Organization, Technology Application Supporting Organization, and implementation budget (approved central government financial support, local budget, and other sources of funding for the project); approving corresponding local budget for centrally-managed projects (if applicable);

d) Compiling the budget estimate from the local government budget to implement Program tasks locally and balancing it within the annual local government budget;

đ) Taking the lead in inspecting and resolving issues arising during the implementation of projects delegated to localities for management; coordinating in inspecting and resolving issues arising during the implementation of centrally-managed projects carried out locally;

e) Approving bidding plans for purchasing materials and equipment using funds from the local government's science and technology business budget for projects delegated to localities for management according to current regulations;

e) Approving the bidding plan for purchasing materials and equipment with funds from the science and technology business budget for locally-delegated projects in accordance with current regulations;

g) Review the final accounts of project funds delegated to local authorities for management and other disbursement tasks for the implementation of the Program at the local level;

h) Establish and organize advisory boards to evaluate and accept projects managed centrally but located locally; officially accept projects delegated to local authorities for management; approve the results of implementation and handle assets of projects delegated to local authorities for management;

i) Develop support mechanisms and organize the replication of project outcomes within production activities at the local level;

k) Direct the integration of project contents under the Program with other economic and social development projects in the area, mobilize various sources of capital to ensure sufficient funding for project implementation alongside state budget support;

l) Report in writing to the Ministry of Science and Technology on annual results, mid-term reviews every five years, and final evaluations of the Program's implementation at the local level.

2. The Department of Science and Technology shall take the lead and coordinate with relevant units to assist provincial People's Committees and municipal People's Committees directly under the Central Government in performing the tasks specified in Clause 1 of this Article.

Article 12. Responsibilities of the Leading Organization

1. Propose organizations to support technology application for the project.

2. Direct and organize the full implementation of contractual commitments; ensure infrastructure, human resources, and funding conditions (from allocated budget and non-budgetary funding) for project implementation.

3. Manage project implementation funds and complete final accounts according to regulations; be responsible for managing and using project funds, materials, and assets in accordance with current regulations.

4. Organize procurement of materials and equipment in accordance with the Bidding Law and related documents.

5. Urge, inspect, and evaluate project implementation progress; report periodically every six months as required; lead the acceptance of project models.

6. Report in writing to the Provincial/Municipal Department of Science and Technology, Provincial/Municipal People's Committee about issues affecting project implementation and propose solutions for projects delegated to local authorities for management.

7. Report in writing to the Provincial/Municipal Department of Science and Technology and the Ministry of Science and Technology about issues affecting project implementation and propose solutions for centrally-managed projects.

8. Report in writing to the Ministry of Science and Technology on the summary of project implementation delegated to local authorities for management through the Financial Management Unit (hard copy and PDF electronic version without security settings).

9. Manage financial affairs, assets, and products of the project in accordance with current regulations.

10. Develop plans and organize the replication of project outcomes.

Article 13. Responsibilities of the Technology Application Support Organization

1. Implement appropriate technology applications based on actual conditions in the project deployment area.

2. Ensure effective results from technology transfer and application processes and be responsible for the outcomes of such transfers.

3. Supervise model deployment and assign staff to directly guide model implementation.

4. Train technicians and key technical personnel at the local level.

5. Be subject to supervision and inspection of task performance by the Leading Organization.

6. Collaborate with the Leading Organization to develop project descriptions, evaluation acceptance files for models, and project completion acceptance results.

7. Fully participate in inspections and evaluations of project implementation progress.

Chapter III

PROJECT CONSTRUCTION AND MANAGEMENT ORGANIZATIONS UNDER THE PROGRAM

Article 14. Proposing, determining, and approving the list of projects

1. Based on the objectives and contents of the Program, the socio-economic development needs of the locality, and the guidance letter from the Ministry of Science and Technology, organizations in the locality submit project proposal files directly or via postal service to the Department of Science and Technology for consolidation. The project proposal file includes:

a) Project description (Form B1.1-TMDA);

b) Summary of scientific activities of the Leading Organization (Form B1.2-HĐTCCT);

c) Scientific curriculum vitae of the Project Leader (Form B1.3-LLKHCN);

d) Summary of activities of the Technology Application Supporting Organization (Form B1.4-HĐTCHTCN);

e) Documents proving the origin of technology as stipulated in Clause 4, Article 6 of this Circular. Details of the forms in this clause are specified in Appendix I attached to this Circular.

2. The Department of Science and Technology organizes consultations through advisory boards or opinions of at least two independent experts to review and submit the proposed project list for ordering under the Program to the Chairman of the Provincial People's Committee for approval (including centrally-managed projects and those delegated to localities for management).

The project ordering proposal file sent directly or via postal service to the Unit managing funds under the Ministry of Science and Technology includes original copies of the following documents:

a) Letter accompanying the project ordering proposal (Form B1.5-ĐXĐHDA);

b) File as prescribed in Clause 1 of this Article;

c) Decision establishing the Advisory Board of the province/city and Minutes of the meeting of the Advisory Board; or opinions of independent experts.

Details of the forms in this clause are specified in Appendix I attached to this Circular.

3. Based on the objectives and contents of the Program and based on the proposals of the Provincial People's Committee, the Ministry of Science and Technology organizes the examination and approval of the project ordering list according to the following steps:

a) The main task management unit, in coordination with related units, reviews the list of proposed projects under the Program regarding the completeness of information and files as required and the necessity of the projects. The main task management unit reports the results of the review to the Minister of Science and Technology for consideration and decision on the preliminary project list to be submitted to the Advisory Board to determine tasks (Form B1.6-DMSB, in Appendix I issued together with this Circular).

b) The main task management unit submits to the Minister of Science and Technology for the establishment of the Advisory Board to determine tasks of projects by specialized fields. The Board consists of five members, with the Head of the main task management unit as Chair, the Deputy Head of the Department managing the specialized field as Vice-Chair, and the remaining members being the Heads of the Planning and Consolidation Department, the Fund Management Unit, and one science and technology expert in the specialized field of the project. The Ministry of Science and Technology assigns administrative secretaries to assist in preparing materials and organizing meetings of the Board.

c) The Board analyzes and evaluates the following contents:

The urgency and suitability of the project with the Program; regional connectivity and importance of the proposed project to group projects and determine priority order; determine the name, objectives, and main content, expected primary products; analyze the rationality of applied and transferred technology; consider and determine the Leading Organization and the Technology Application Supporting Organization.

d) The procedure and process of convening the Advisory Board to determine tasks are regulated in Form B1.7-QTLVHĐ. Members of the Board comment according to Form B1.8-PNXĐX and vote to evaluate according to Form B1.9-PĐGĐX. The Board unanimously proposes "to implement" for proposals with a minimum of four out of five members voting "to implement"; groups projects centrally managed and delegated to localities for management; completes the project ordering list for direct assignment. The results of the Board's work are recorded in the Minutes of the Advisory Board to Determine Tasks according to Form B1.10-BBHĐXĐNV. Details of these forms are specified in Appendix I attached to this Circular.

e) The Minister of Science and Technology approves the project ordering list for direct assignment to the Leading Organization and the Technology Application Supporting Organization.

Within five working days from the date of the Approval Decision, the Ministry of Science and Technology notifies the Leading Organization to complete the file for submission to the Ministry of Science and Technology and the Department of Science and Technology (for projects delegated to localities for management) for direct assignment.

Article 15. Organization for Review of Direct Assignment Project Applications

The review of direct assignment project applications under the Program shall be carried out in accordance with the following steps:

1. Based on the Decision approving the list of orders for direct assignment, the leading organization of the project shall take the lead and coordinate with the technology application support organization to complete the application dossier and submit it to the Ministry of Science and Technology.

The dossier for the review of direct assignment includes:

a) Documents specified in Clause 2, Article 14 of this Circular;

b) Decision approving the project list;

c) Counterpart commitments and explanations of financial mobilization capability (financial reports of the organization registering to lead the project in the two most recent years from the date of submitting the project implementation registration dossier; commitment to provide loans or guarantee loans from credit organizations; legal commitments and certificates regarding capital contributions from the leading organization and/or participating organizations);

d) Cooperation commitment letter of the cooperating organization.

2. After receiving the direct assignment project application dossier, within ten working days, the budget management unit shall take the lead and coordinate with related units to open, inspect, and confirm the validity of the dossier. The results of opening the dossier shall be recorded in a record according to Model B2.1-BBMHS attached as Appendix II of this Circular.

3. The task management unit shall take the lead and coordinate with related units to submit to the Minister of Science and Technology for establishing the Scientific and Technological Council for Direct Assignment (hereinafter referred to as the Direct Assignment Review Council) of projects managed centrally and the Financial Appraisal Team of projects (including projects delegated to local management). The detailed review of the project application dossier delegated to local management shall be conducted by the province or city.

a) The Direct Assignment Review Council of centrally managed projects consists of seven members, including the chairman, vice-chairman, two opposing members, one scientific secretary member (elected by the council), and other members. The composition of the Council includes at least four members who are science and technology experts, and the remaining members are managers in relevant fields related to the project. Individuals belonging to the organization applying to lead the project, the organization applying to support technology application for the project, and individuals applying to lead or participate in scientific and technological tasks shall not join the Council. The Ministry of Science and Technology will appoint administrative secretaries to assist in preparing materials and organizing meetings of the Council.

The meeting procedures of the Council shall be implemented according to the provisions set forth in Table B2.2-QTLVHĐ, the Project Application Review Form according to Model B2.3-PNXDA, the Project Application Evaluation Form according to Model B2.4-PĐGDA, and the Minutes of the Direct Assignment Review Council Meeting according to Model B2.5-BBHĐXC. Detailed specifications of these forms are stipulated in Appendix II of this Circular. A project application dossier meets the requirements when the average score of the Council reaches a minimum of 65 out of 100 points.

b) The Appraisal Team has the responsibility to appraise the detailed suitability of the content and budget of projects under the Program. The Appraisal Team consists of four members, including: the Team Leader is the head of the Task Management Unit; two Deputy Leaders are the heads of the Budget Management Unit and the Professional Management Department; one member is the Chairman, Vice-Chairman, or opposing member of the Direct Assignment Review Council. Representatives of the Planning and Consolidation Department, the Finance Department, and the Head of the Provincial Department of Science and Technology are invited to attend the Appraisal Team's meetings.

The Appraisal Team operates according to the provisions set forth in Table B2.6-QTLVTTĐ; the comments and evaluations are made according to Model B2.7-PNXTĐ, and the Minutes of the Appraisal Team's Meetings according to Model B2.8-BBTĐ. Detailed specifications of these forms are stipulated in Appendix II issued together with this Circular.

4. Based on the conclusions of the Direct Assignment Review Council and the results of the Appraisal Team's work, within thirty days, the Minister of Science and Technology shall issue the Decision approving the budget for centrally managed projects and the Decision approving the central government budget support for projects delegated to local management.

5. Based on the budget approval decision and the Minutes of the Direct Assignment Review Council, the head of the Task Management Unit, acting on behalf of the Minister of Science and Technology, shall sign to approve the project description for centrally managed projects; the Director of the Provincial Department of Science and Technology shall sign to approve the project description for projects delegated to local management.

Article 16. Signing of project implementation contracts

The financial management unit shall sign a project implementation contract with the leading organization of the project together with the Department of Science and Technology (Party A). The contract and its termination shall be established according to Model B3.1-HDDA and Model B3.2-TLHDDA stipulated in Appendix III issued along with this Circular.

Based on the project implementation contract, the leading organization of the project shall sign a technology application support contract with the technology application support organization of the project. The contract and its termination shall be established according to Model B3.3-HDHTUD and Model B3.4-TLHDHTUD stipulated in Appendix I issued along with this Circular.

Article 17. Inspection, evaluation, adjustment, and termination of contracts during project implementation

1. For projects managed centrally

a) The procedures and formalities for organizing inspection, evaluation, adjustment, and termination of contracts during project implementation under the Program shall be carried out in accordance with Circular No. 04/2015/TT-BKHCN dated March 11, 2015, issued by the Minister of Science and Technology, which regulates the inspection, evaluation, adjustment, and termination of contracts during the implementation of national science and technology tasks funded by the state budget.

b) The inspection and evaluation team shall include: one leader and one specialist from the financial management unit, one leader and one specialist from the task management unit, one representative from the specialized management department, and one representative from the Department of Science and Technology. Other members may be included at the request of the Minister of Science and Technology.

c) The leading organization is responsible for coordinating with the technology application support organization to prepare reports according to Model B4.1-BCDK; the results of the inspection and evaluation shall be recorded in a minutes document according to Model B4.2-BBKTDK stipulated in Appendix IV issued along with this Circular.

2. For projects delegated to local authorities for management and implementation in accordance with local regulations. The Department of Science and Technology shall report the results of inspection, evaluation, adjustment, and termination of contracts in writing to the Ministry of Science and Technology.

Article 18. Evaluation, acceptance, and recognition of project implementation results

1. The procedure for evaluating, accepting, and recognizing project implementation results is as follows:

a) Model evaluation and acceptance, local evaluation, central official evaluation, and recognition of implementation results for centrally managed projects;

b) Model evaluation and official local evaluation, and recognition of implementation results for projects delegated to local authorities for management.

2. Model evaluation

a) The leading organization shall cooperate with the Department of Science and Technology to organize the model evaluation and acceptance process;

b) The documents for the model evaluation and acceptance process include: the report on the implementation results of the model; the applied technical procedures of the project; and other relevant documents related to the implementation of the model. The report on the implementation of the model must reflect the following contents: the achievements compared to the approved content and scale of the models in the project description; the organizational, management, and leadership methods for implementing the model; the sustainability, development, and expansion potential of the model, and it must be conducted in the area where the model is being built;

c) The composition of the evaluation and acceptance committee, the procedures, and formalities for the model evaluation and acceptance process shall be decided by the leading organization of the project;

d) The results of the model evaluation and acceptance shall be recorded in a minutes document according to Model B4.3-BBNTHM stipulated in Appendix IV issued along with this Circular.

3. Local project evaluation and acceptance

a) The project director and the agency responsible for implementing the project shall submit directly or through postal service one original set and one electronic copy of the documents (recorded on a CD in PDF format without security settings) to the Department of Science and Technology. The submission deadline must be at least 10 working days before the end of the project implementation period;

b) The documents for the local project evaluation and acceptance include: the letter requesting local evaluation and acceptance from the leading organization of the project; the final report on project implementation according to Model B4.4-BCTK stipulated in Appendix IV issued along with this Circular; the applied technical procedures of the project; the project description and implementation contract; regular inspection reports and minutes according to Models B4.1.BCDK and B4.2.BBKTDK stipulated in Appendix IV issued along with this Circular; the minutes of the model acceptance; the minutes confirming the financial situation of the financial management unit (for centrally managed projects); the financial settlement minutes or the minutes confirming the financial situation of the Department of Science and Technology (for projects delegated to local authorities for management); the report on mobilizing and using counterpart funds from the local budget and other sources (if applicable);

c) The advisory council shall evaluate and accept the project implementation results based on the contents of the signed contract. The council meeting shall be organized within 30 days from the date of the decision to establish the council. The procedures and formalities for local evaluation and acceptance shall be applied according to current regulations on the evaluation and acceptance of provincial and municipal science and technology tasks.

d) Handling the results of local evaluation and acceptance

If the project is evaluated as "satisfactory": For projects delegated to local authorities for management, the Department of Science and Technology shall handle the result recognition procedures and send the decision to the Ministry of Science and Technology; for centrally managed projects, within 30 working days from the local acceptance, the leading organization shall submit directly or through postal service a letter accompanied by the documents requesting official evaluation and acceptance to the Ministry of Science and Technology for official acceptance according to the regulations.

If the project is evaluated as "unsatisfactory": For projects delegated to local authorities for management, the Department of Science and Technology shall handle the result according to provincial and municipal regulations; for centrally managed projects: The provincial and municipal scientific and technological acceptance council shall determine the completed work contents and the reasons for not completing the contract contents as the basis for the Ministry of Science and Technology to consider and handle according to the regulations.

4. Central official project evaluation and acceptance

a) The project acceptance evaluation dossier includes: The organization's official request for central acceptance evaluation; local evaluation dossier as stipulated in Clause 3 of this Article; decision to establish the local acceptance committee; local acceptance record according to Model B4.5-BBNTĐP; report on receiving and addressing comments from the provincial or city acceptance evaluation board.

b) Upon receipt of the dossier, the main funding management unit shall organize the acceptance evaluation of the project results in coordination with related units.

c) The Central Project Acceptance Evaluation Advisory Board consists of seven members including the chairman, vice-chairman, two critical reviewers, a scientific secretary, and other members, among which: three members are science and technology experts selected from the Ministry of Science and Technology’s expert database, one member is an economic or financial expert, three members are representatives of central and local state management agencies involved. Individuals who are the project leaders, members of the organizing body, or technology application support organizations, those currently being administratively punished for violations in science and technology activities, or under criminal investigation, or have been convicted but not yet rehabilitated; spouses, parents, children, siblings of the project leader or main participants, and others with vested interests or conflicts of interest with the leader or organizing body are not allowed to participate in the Board. The Ministry of Science and Technology assigns administrative secretaries to assist in preparing materials and organizing Board meetings.

d) The meeting of the Board shall be organized within thirty days from the date of the decision establishing the Board. The Board operates according to the method and procedure specified in Table B4.6-QTLVHĐ in Appendix IV issued together with this Circular. The evaluation content follows the requirements for products in the approved contract and project description. Evaluation results are classified into four levels: excellent, good, satisfactory, and unsatisfactory. Detailed review and evaluation forms of Board members are provided in Models B4.7-PNXNT, B4.8-PĐGNT, and Meeting Minutes in Model B4.9-BBHĐNT as specified in Appendix IV issued together with this Circular.

đ) Handling the central acceptance evaluation results

For projects evaluated as "unsatisfactory," the acceptance Board is responsible for reviewing and determining the contents and tasks completed according to the contract as the basis for the Ministry of Science and Technology to handle according to regulations; for projects evaluated at the "satisfactory" level or higher, within thirty days from the end of the Board meeting, the project leader and the organizing body must cooperate with the technology application support organization to supplement and complete the dossier according to the Board's opinions.

e) Recognizing the project implementation results

The project implementation result recognition dossier includes: One completed dossier according to comments; a copy of the registration certificate for project implementation results; a report on receiving and addressing the Board's opinions according to Model B4.10-BCGT in Appendix IV issued together with this Circular;

The dossier shall be sent directly or through postal service to the funding management unit for centrally managed projects; to the Department of Science and Technology for locally managed projects to organize contract settlement and procedures for recognizing project implementation results;

Within ten working days from the date of receiving all required documents, the Ministry of Science and Technology shall issue a decision recognizing the project implementation results for centrally managed projects; the People's Committee of provinces and centrally governed cities shall issue a decision recognizing the project implementation results for locally managed projects according to Model B4.11-QĐCNKQ in Appendix IV issued together with this Circular.

5. Financial handling for projects that must terminate contracts and those evaluated as "unsatisfactory" shall be applied according to the provisions of Joint Circular No. 27/2015/TTLT-BKHCN-BTC dated December 30, 2015, issued by the Ministry of Finance and the Ministry of Science and Technology regarding the allocation of expenses for implementing science and technology tasks using state budget funds.

Chapter IV

IMPLEMENTING PROVISIONS

Article 19. Implementation

1. This Circular takes effect from June 8, 2016.

2. In cases where the referenced documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new regulations.

3. During implementation, if there are difficulties or obstacles, relevant agencies, organizations, and individuals are requested to reflect these issues to the Ministry of Science and Technology for research and appropriate amendments and supplements./.