Circular No. 08/2015/TT-BKHCN on the implementation of the Bilateral and Multilateral Research Cooperation Program in Science and Technology until 2020 and the Foreign Technology Search and Transfer Program until 2020

CIRCULAR

Provisions for implementation Cof the bilateral research cooperation program and multilateral scientific and technological research program

until 2020 and Csearch program for foreign technology transfer until 2020

__________________________

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;

Pursuant to Decree No. 20/2013/NĐ-CP dated February 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Implement Decision No. 538/QD-TTg dated April 16, 2014 of the Prime Minister approving the Bilateral and Multilateral Scientific and Technological Research Cooperation Program until 2020;

Implement Decision No. 1069/QD-TTg dated July 4, 2014 of the Prime Minister approving the Foreign Technology Search and Transfer Program until 2020;

At the proposal of the Director of the International Cooperation Department and the Director of the Legal Affairs Department;

The Minister of Science and Technology issues this Circular to provide for the implementation of the Bilateral and Multilateral Scientific and Technological Research Cooperation Program until 2020 and the Foreign Technology Search and Transfer Program until 2020.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular provides for the implementation of the Bilateral and Multilateral Scientific and Technological Research Cooperation Program until 2020 approved by the Prime Minister under Decision No. 538/QD-TTg dated April 16, 2014 and the Foreign Technology Search and Transfer Program until 2020 approved by the Prime Minister under Decision No. 1069/QD-TTg dated July 4, 2014 (hereinafter referred to as the Program).

Article 2. This Circular applies to organizations and individuals implementing and participating in the Program, state agencies, organizations, and individuals related to the Program.

Article 2. Interpretation of Terms

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

1. Bilateral research cooperation agreement with foreign partners is an agreement of Party and State leaders with foreign partners on science and technology; minutes of meetings of Vietnam's Science and Technology Cooperation Committees and Subcommittees authorized by the Government to sign with foreign partners; bilateral and multilateral agreements on science and technology cooperation signed by the Minister of Science and Technology or his authorized representative with foreign partners; science and technology cooperation agreements signed by leaders of ministries, central-level agencies, provincial People's Committees, and other central-level state agencies (hereinafter referred to as ministries, sectors, and localities) with foreign partners.

2. TìForeign technology search is a process of researching to identify and evaluate the superior features of a foreign technology and its potential for transfer to Vietnam, serving the development of science and technology and the national economy and society.

3. Technology search expert is a person with advanced expertise and deep understanding, capable of analyzing, evaluating, and advising on technology transfer to participate in technology search activities and support technology transfer.

4. Technology dossier report is a collection of information and documents related to the technology, novelty of the technology, competitive advantages, application potential of the technology; stages of technology development (from concept, laboratory, pre-feasibility/feasibility studies, intellectual property registration...); holders of the technology; conditions and capabilities for transferring the technology to serve research, mastering, and applying the technology.

Article 3. Scientific and technological tasks of the Program

Scientific and technological tasks of the Program (hereinafter referred to as tasks) are scientific and technological tasks using state budget funds at the national level as prescribed in Clause 1 and Clause 2 of Article 25 of 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, including:

1. Bilateral and multilateral research cooperation tasks are scientific and technological topics and projects jointly built by Vietnamese scientific and technological organizations and foreign partners, contributing resources to organize their implementation and meeting the conditions stipulated in Article 6 of this Circular.

2. Tasks for searching and supporting foreign technology transfer are scientific and technological topics and projects involving technology search activities; activities supporting domestic organizations and individuals in technology transfer, improving technology, trial production, and product manufacturing.

3. Tasks serving the management and implementation of the Program are scientific and technological topics and projects and other activities aimed at implementing the Program's objectives, contents, and solutions.

Article 4. Principles for Selecting Tasks of the Program

Tasks of the Program shall be selected based on the following principles:

1. The parties involved in implementing the tasks of the Program have equal obligations and responsibilities in carrying out related works, ensuring national security, complying with Vietnamese laws, international treaties, and agreements.

2. The tasks must be consistent with the objectives, contents, and expected products (Program Framework), implementation plans of the Program, and the budget for implementing the Program.

3. Priority should be given to tasks implemented with foreign partners who are organizations with experience, strengths, and readiness to cooperate with Vietnam to address certain scientific and technological issues of interest to Vietnam.

Article 5. Task Codes of the Program

1. Code for bilateral and multilateral research cooperation tasks: HNQT/SPDP/XX.YY.

2. Code for tasks seeking and supporting the transfer of foreign technology: HNQT/TKCG/XX.YY.

3. Code for tasks serving management and implementation of the Program: HNQT/QL/XX.YY.

Where:

- HNQT is the code for the International Integration Project on Science and Technology until 2020;

- SPDP is the symbol for bilateral and multilateral research cooperation tasks;

- TKCG is the symbol for tasks seeking and supporting the transfer of foreign technology;

- QL is the symbol for tasks serving management and implementation of the Program;

- XX is the symbol for the serial number of the task;

- YY is the symbol indicating the year the task begins.

Chapter II

TASKS OF THE PROGRAM

Article 6. Bilateral and Multilateral Research Cooperation Tasks

1. Bilateral and multilateral research cooperation tasks shall be selected according to the principles set forth in Article 4 of this Circular and meet the following conditions:

a) The objective of the task must align with the research cooperation document with the foreign partner and address at least one of the following key issues:

- Strategic and long-term scientific and technological issues of Vietnam aimed at mastering and applying advanced and cutting-edge technologies in key industries; mastering design and manufacturing technologies, production and processing technologies of high-value-added products, creating opportunities for Vietnam to participate in global value chains;

- Central and key scientific and technological issues directly serving national science and technology programs;

- Scientific and technological issues being implemented in international research programs, global and regional science and technology investment projects aiming to achieve breakthroughs and enhance Vietnam's scientific and technological potential.

b) Bilateral and multilateral research cooperation tasks must achieve one of the following results: developing new technology; improving product and service quality with high added value; developing strong research organizations reaching advanced levels in the region.

c) Domestic organizations and individuals participating must have the capacity to carry out the task and meet current requirements for organizations and individuals participating in national-level science and technology tasks. Foreign partners must ensure they have the capacity and commit to research cooperation in accordance with agreed objectives and contents.

d) There must be specific cooperation plans with foreign partners in implementing the task, utilizing and exploiting the results of research cooperation; clearly defining the responsibilities and benefits of the parties involved in the task.

2. Based on the conditions stipulated in Clause 1 of this Article, domestic organizations and individuals shall collaborate with foreign partners to develop detailed descriptions of bilateral and multilateral research cooperation tasks according to Form A-SPDP attached to this Circular.

Article 7. Tasks for Searching and Supporting the Transfer of Foreign Technology

1. The tasks for searching and supporting the transfer of foreign technology include two components: research topics for searching technology and projects to support the transfer of technology. These tasks are selected according to the principles set forth in Article 4 of this Circular and must meet the following conditions:

a) The technology to be sought for supporting its transfer is ordered by the Minister of Science and Technology.

b) The main objectives of the tasks for searching and supporting the transfer of foreign technology are defined for each specific component as follows:

- The research topic component for searching technology conducts studies and prepares a technology dossier report. The technology dossier report must analyze and clarify key information related to the technology, its development stages, the holders of the technology, and the conditions and capabilities for transferring the technology to Vietnam;

- The project component to support the transfer of technology implements technology transfer activities, research, mastery, and development of technology. Such technology transfer activities must include the transfer of ownership rights or usage rights, either partially or fully, from the technology transferor to the recipient along with intellectual property objects as prescribed by law;

c) The results of the tasks for searching and supporting the transfer of foreign technology are the technology dossier reports; transferred foreign technologies that contribute to forming new products or services, or improving the productivity and quality of products and goods of enterprises. Products created from these tasks must have specific application addresses, high added value, and be produced on a large scale;

d) Organizations participating in implementing the tasks include scientific and technological organizations (with fields of scientific and technological activities suitable for the technology to be searched) and enterprises (having needs and commitments to implement technology transfer). Technology transfer activities in the project component for supporting technology transfer must ensure the participation of at least two enterprises and one group of scientists and technologists from Vietnamese scientific and technological organizations; they must have sufficient capacity (financial, human resources, organizational) to fulfill technology transfer contracts; and have plans for developing technology and organizing business operations for products.

2. Based on the conditions stipulated in Clause 1 of this Article, organizations and individuals develop descriptions of tasks for searching and supporting the transfer of foreign technology according to two components: descriptions of the research topic component for searching technology; descriptions of the project component to support technology transfer according to Table B-TKCG attached to this Circular.

Article 8. Tasks for Serving Management and Implementation of the Program

1. Tasks for serving management and implementation of the Program must meet the following conditions:

a) Directly serve the implementation of the Program's goals and contents.

b) The tasks must include one of the following contents:

- Forming research organizations and groups with potential to carry out bilateral and multilateral cooperative research tasks under the Program's priority directions through participation in international cooperation projects and programs;

- Establishing a network of technology search experts;

- Organizing international conferences and seminars in Vietnam on key and urgent scientific and technological issues, interdisciplinary and regional issues;

- Conducting training, upgrading skills, short-term study tours, and research cooperation abroad;

- Developing special mechanisms and policies for international integration activities in science and technology.

c) The results of the tasks are scientific reports; forecasting results; draft proposals; policy recommendations; models and procedures; new research methods; databases; development of potential research organizations and groups; and other products.

2. Based on the conditions stipulated in Clause 1 of this Article, organizations and individuals develop descriptions of tasks for serving management and implementation of the Program according to Table C-QL attached to this Circular.

Chapter III

ORGANIZATION OF TASK CONSTRUCTION AND MANAGEMENT

OF THE PROGRAM TASKS

Article 9. Organization Managing the Program

The organizational structure managing the Program and management activities of the Program shall be implemented according to the provisions from Article 5 to Article 9 of Circular No. 05/2015/TT-BKHCN dated March 12, 2015 issued by the Minister of Science and Technology on the organization managing national science and technology programs (hereinafter referred to as Circular No. 05/2015/TT-BKHCN).

Article 10. Proposing, Determining, Selecting, Directly Assigning and Approving Tasks of the Program

1. For bilateral and multilateral research cooperation tasks

a) Proposing, determining, selecting, directly assigning and approving tasks shall be carried out according to the provisions from Article 5 to Article 8; Clause 2, 3, 4, 5 of Article 10 of Circular No. 12/2014/TT-BKHCN dated May 30, 2014 issued by the Minister of Science and Technology on managing scientific and technological tasks under Memorandum of Understanding (hereinafter referred to as Circular No. 12/2014/TT-BKHCN) and Circular No. 10/2014/TT-BKHCN dated May 30, 2014 issued by the Minister of Science and Technology on selecting and directly assigning organizations and individuals to implement national scientific and technological tasks using state budget funds amended and supplemented by some articles at Circular No. 23/2014/TT-BKHCN dated September 19, 2014 (hereinafter collectively referred to as Circular No. 10/2014/TT-BKHCN).

b) Based on the procurement proposals of ministries, sectors, and localities, and cooperation research documents with foreign partners (if any), the Ministry of Science and Technology will proceed to determine the procurement tasks.

For procurement tasks that have not yet identified foreign partners to cooperate in implementation, the Ministry of Science and Technology will coordinate with relevant organizations and individuals to seek foreign partners; negotiate and organize the signing of cooperation research documents with foreign partners.

c) The registration dossier for selection and direct assignment includes the description of bilateral and multilateral research cooperation tasks according to Form A-SPDP and other documents specified in Clause 3, Article 8 of Circular No. 12/2014/TT-BKHCN.

d) The description of bilateral and multilateral research cooperation tasks must reflect the resources of foreign partners (financial resources, human resources, infrastructure, and other necessary resources) contributing to the implementation of the task, at least meeting 30% of the total estimated budget. In special cases, the Minister of Science and Technology will consider and decide.

2. For tasks of seeking and supporting the transfer of foreign technology

a) The construction of the list of technologies to be sought is specifically stipulated in Article 11 of this Circular.

Based on the list of technologies to be sought, organizations and individuals participating in implementing the task of seeking and supporting the transfer of foreign technology according to the search technology sub-project and the support technology transfer project sub-project.

b) The selection and direct assignment of organizations and individuals to implement the search technology sub-project are carried out according to the provisions of Circular No. 10/2014/TT-BKHCN and the following specific provisions:

- The implementation period of the search technology sub-project shall not exceed 12 months;

- The registration dossier for selection and direct assignment includes the description of the search technology sub-project according to Form B-TKCG (Part I and Part II.A) and other documents as prescribed in Circular No. 10/2014/TT-BKHCN;

- The evaluation form of the Advisory Council for selection and direct assignment of scientific and technological tasks according to Form NXĐTTKCN and ĐGĐTTKCN attached to this Circular.

c) The results of the search technology sub-project must be evaluated and accepted according to current regulations before implementing the support technology transfer project sub-project within the task of seeking and supporting the transfer of foreign technology.

d) Based on the decision recognizing the results of the search technology sub-project or the technology dossier report approved and approved by the Ministry of Science and Technology, enterprises and scientific and technological organizations registering to implement the support technology transfer project sub-project within the task of seeking and supporting the transfer of foreign technology shall submit to the Ministry of Science and Technology for consideration and direct assignment. The direct assignment shall be carried out according to the provisions of Circular No. 10/2014/TT-BKHCN and the following specific provisions:

- The implementation period of the support technology transfer project sub-project shall not exceed 24 months. Special cases shall be considered and decided by the Minister of Science and Technology;

- The direct assignment registration dossier includes the description of the support technology transfer project sub-project according to Form B-TKCG (Part I and Part II.B) and other documents as prescribed in Circular No. 10/2014/TT-BKHCN;

- The evaluation form of the Advisory Council for direct assignment of scientific and technological tasks according to Form NXDACGCN and ĐGDACGCN attached to this Circular.

3. For tasks serving management and implementation of the Program

a) The organization of proposing, determining, selecting, directly assigning and approving tasks shall be carried out according to the provisions of Circular No. 05/2015/TT-BKHCN.

b) The registration dossier for selection and direct assignment includes the description of tasks serving management and implementation of the Program according to Form C-QL and other documents as prescribed in Circular No. 10/2014/TT-BKHCN.

Article 11. Construction of the List of Orders for Technology Search

1. Proposing orders for technology search

a) Requirements for technology to be searched:

The technology to be searched must be new, highly competitive; it should have a breakthrough impact on production scale and product quality, promoting economic and social development, serving national defense and security.

b) Basis for proposing orders:

- Requirements of Party and State leaders;

- National strategy for science and technology development; strategies and plans for economic and social development of ministries, sectors, and localities that align with the objectives, contents, and tasks of the Program;

- Practical needs to address urgent issues related to national defense, security, natural disasters, epidemics, and the development of science and technology in Vietnam;

- Information on technology provided and proposed by technology search experts.

c) Based on the provisions set out in Point a and at least one of the provisions set out in Point b of this Clause, ministries, sectors, and localities propose orders for technology search according to the Form PDX-TKCN attached and issued together with this Circular, and submit them to the Ministry of Science and Technology.

2. The Ministry of Science and Technology compiles proposals for orders for technology search; organizes the evaluation and selection of proposals that are urgent and feasible to build and approve the List of Orders for Technology Search as a basis for selecting search tasks and supporting the transfer of foreign technology under the Program.

The determination of the List of Orders for Technology Search is carried out in accordance with Circular No. 07/2014/TT-BKHCN dated May 26, 2014, issued by the Minister of Science and Technology, stipulating the procedures and formalities for determining national-level scientific and technological tasks using state budget funds.

The List of Orders for Technology Search is reviewed, evaluated, and supplemented periodically (every six months) or ad hoc as required by the Ministry of Science and Technology.

Article 12. Organizing the Signing of Contracts to Implement Program Tasks

1. Based on the Decision approving the Program tasks, the Ministry of Science and Technology organizes the signing of contracts to implement tasks with the leading organization in accordance with regulations. The model contract for implementing tasks is carried out in accordance with Circular No. 05/2014/TT-BKHCN dated April 10, 2014, issued by the Minister of Science and Technology, promulgating "Model Research and Development Contract" (hereinafter referred to as Circular No. 05/2014/TT-BKHCN).

2. The leading organization is responsible for implementing the task in accordance with the objectives, contents, schedule, and the allocated budget as stipulated in the Contract.

Article 13. Adjustment, Inspection, and Evaluation During Task Implementation

Adjustments, inspections, and evaluations are carried out in accordance with Circular No. 04/2015/TT-BKHCN dated March 11, 2015, issued by the Minister of Science and Technology, stipulating the inspection, evaluation, adjustment, and termination of contracts during the implementation of national-level scientific and technological tasks using state budget funds. The leading organization is responsible for preparing and providing all relevant information about the ongoing Program tasks and facilitating inspections and evaluations.

Article 14. Termination of Contracts

The termination of contracts and the handling of related issues after the termination of contracts shall be carried out in accordance with Circular No. 05/2015/TT-BKHCN.

Article 15. Evaluation, Acceptance, and Recognition of the Results of Program Implementation

The Ministry of Science and Technology shall organize the evaluation, acceptance, recognition, and public announcement of the results of program implementation in accordance with Circular No. 11/2014/TT-BKHCN dated May 30, 2014, issued by the Minister of Science and Technology on the evaluation and acceptance of the results of national-level science and technology tasks funded by state budget, and other relevant documents.

Article 16. Liquidation of Contracts and Exploitation of Program Task Results

1. The Ministry of Science and Technology shall organize the liquidation of contracts with the leading organizations in accordance with the regulations.

2. Leading organizations shall be responsible for managing, exploiting, and transferring the results of program tasks in accordance with the provisions of the law. Intellectual property rights and the right to use the results of implementation shall be governed by the laws on science and technology and intellectual property.

3. The registration and preservation of program task results shall be carried out in accordance with Circular No. 14/2014/TT-BKHCN dated June 11, 2014, issued by the Minister of Science and Technology on the collection, registration, preservation, and publication of information on science and technology tasks.

Article 17. Handling of Assets

The handling of assets after the completion of program tasks shall be carried out in accordance with current regulations.

Article 18. Funding for the Program

1. State budget funding for the implementation of the Program shall be balanced within the annual state budget for scientific and technological activities and allocated to the Ministry of Science and Technology for implementation. Funding from other sources shall be implemented in accordance with current legal regulations.

2. The financial mechanism for implementing the Program shall be carried out in accordance with guiding documents of the Ministry of Finance and the Ministry of Science and Technology and other relevant documents concerning the management and implementation of science and technology tasks using state budget funds.

Chapter IV

IMPLEMENTING PROVISIONS

Article 19. Effective Date

This Circular shall take effect from June 20, 2015.

Article 20. Implementation

1. Heads of units under the Ministry, heads of agencies and organizations, and individuals related thereto are responsible for implementing this Circular.

2. In case of difficulties during implementation, agencies, organizations, and individuals are advised to report to the Ministry of Science and Technology for research and consideration of amendments and supplements to ensure appropriateness./.