Circular No. 08/2016/TT-BKHCN Amending and supplementing some articles of Circular No. 32/2014/TT-BKHCN dated November 6, 2014 of the Minister of Science and Technology on managing the Program for Developing the Science and Technology Market until 2020

CIRCULAR

Provincial People's Committees set specific pricesTo amend and supplement some articles of Circular No. 32/2014/TT-BKHCN dated November 6, 2014 of the Minister of Science and Technology on the management of the Program for Developing the Science and Technology Market until 2020.

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

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;

Implementing Decision No. 2075/QĐ-TTg dated November 8, 2013 of the Prime Minister approving the Program for Developing the Science and Technology Market until 2020;

At the proposal of the Director of the Market Development and Science and Technology Enterprise Department and the Head of the Legal Department,

the Minister of Science and Technology issues this Circular amending and supplementing some articles of Circular No. 32/2014/TT-BKHCN dated November 6, 2014 of the Minister of Science and Technology on the management of the Program for Developing the Science and Technology Market until 2020.

Article 1. Amending and supplementing certain Articles of Circular No.32/2014/TT-BKHCN ndated November 6, 2014 on the management of the Program for Developing the Science and Technology Market until 2020 as follows:

1. Amend Clause 6 of Article 2 as follows:

"Article 2. Interpretation of Terms

6. The unit managing the budget for implementing the Program's tasksis the National Science and Technology Development Fund under the Ministry of Science and Technology.”

2. Amend Article 3 as follows:

"Article 3. Tasks within the Program

1. Tasks within the Program include:

a) Scientific projects and science and technology research topics under the Program as prescribed in Article 7 of this Circular;

b) Investment projects for building technology trading floors and technology trading centers as prescribed in Article 8 of this Circular; Projects for building technology incubation bases and science and technology enterprise incubation bases as prescribed in Article 10 of this Circular;

c) Science and technology projects as prescribed in Articles 9, 11, 12, 13, 14, and Article 15 of this Circular;

d) Annual and periodic tasks for promoting the development of the science and technology market as prescribed in Clause 2 of this Article;

đ) Management activities of the Program as prescribed in Clause 3 of this Article.

2. Annual and periodic tasks for promoting the development of the science and technology market include:

a) Organizing or participating in technology and equipment fairs (Techmart), virtual Techmart, online Techmart; operating a technology trading information portal, technology trading floor; organizing seminars, roundtables on disseminating suitable, new, and advanced technologies;

b) Demonstrating technology supply-demand connections (Techdemo); promoting the commercialization of technology; investigating and evaluating technological innovation in enterprises; supporting application and technology transfer activities for local Science and Technology Progress Application Centers;

c) Organizing seminars and exhibitions to introduce scientific research and technology development results from research and training institutions; startup technology innovation events; invention exhibitions, potential domestic and international technology product exhibitions for commercialization; conferences on developing the science and technology market, conferences on developing science and technology enterprises; training and capacity building for staff serving the science and technology market; maintaining, updating, and developing databases, portals, and websites on the science and technology market; surveying and determining the value of technology transactions in the science and technology market;

d) Other necessary activities to promote the development of the science and technology market.

3. Management activities of the Program include:

a) Activities of the Program Steering Committee; management and implementation organization activities of the Market Development and Science and Technology Enterprise Department, the National Science and Technology Development Fund, and relevant units under the Ministry of Science and Technology;

b) Communication and training on the management and implementation organization of the Program;

c) Organizing programs for field visits, practical surveys, and learning experiences from successful and exemplary models of science and technology market development both domestically and internationally;

d) Other management and implementation organization activities of the Program.”

3. Amend Clause 1 of Article 4 as follows:

“Article 4. Investment projects under the Program

1. The procedures for examination, organization of implementation, adjustment of content and progress, acceptance, settlement and final accounts, reporting on the results of implementation of tasks related to construction investment projects aimed at enhancing scientific and technological capacity for public technology trading floors, public technology trading centers in provinces and centrally governed cities, and other public intermediary organizations shall be carried out in accordance with current laws.

4. Amend Clause 1, Clause 5, and Clause 6 of Article 5 as follows:

“Article 5. General Principles for Determining Tasks Under the Program

1. The content must be consistent with the orientation of tasks specified in Decision No. 2075/QĐ-TTg dated November 8, 2013 of the Prime Minister approving the Program for Developing the Science and Technology Market until 2020 and the Framework Program for Developing the Science and Technology Market until 2020 approved by the Minister of Science and Technology.

5. A task may include one or more contents stipulated in Clause 1 of Article 3 of this Circular.

6. The determination of tasks under the Program can be conducted annually or during a suitable phase in accordance with practical requirements.”

5. Amend Article 6 as follows:

"Article 6. Task Code Under the Program

The Department of Market Development and Science and Technology Enterprises shall record the task code under the Program when receiving registration files for participation in selection and direct assignment of tasks as prescribed in Points a, c, and d of Clause 1 of Article 3 of this Circular, respectively, as follows:

TTKHCN.ĐT.XX-YY;

TTKHCN.ĐA.XX-YY;

TTKHCN.DA.XX-YY;

TTKHCN.HĐ.XX-YY.

Where:

TTKHCN is the symbol of the Program;

ĐT is the symbol for registration files in the form of research topics;

ĐA is the symbol for registration files in the form of project plans;

DA is the symbol for registration files in the form of projects;

HĐ is the symbol for registration files in the form of annual or periodic tasks;

XX is the serial number of the registration file;

YY is the year of receipt of the registration file;

For example, TTKHCN.DA.01-2016 refers to the project registration file number 01 received in 2016 under the Program for Developing the Science and Technology Market until 2020."

6. Amend Article 9 as follows:

"Article 9. Projects for Establishing and Developing Activities of Intermediary Organizations

1. Criteria and Conditions for Selection

a) An organization that has the function of providing science and technology services;

b) A project for establishing and developing activities of intermediary organizations.

a) Supporting agricultural and forestry extension activities, providing plant and animal seeds; supporting small-scale processing equipment;

a) Consulting, drafting, and reviewing proposals for establishing and enhancing the capacity of intermediary organizations;

b) Training skills for commercializing research outcomes and development technologies, ordering technical support services, brokerage, consulting, evaluation, valuation, and forensic technology and intellectual property services;

c) Training and nurturing knowledge about establishing, managing, and operating intermediary organizations; training specialized personnel for intermediary organizations;

d) Activities within the functions of intermediary organizations in the science and technology market;

đ) Building, maintaining, updating, and developing databases, information portals, and websites on the science and technology market."

7. Amend Point a of Clause 2 of Article 11 as follows:

“Article 11. Project to organize training courses for the cadre and specialist team serving the development of the science and technology market

a) Supporting agricultural and forestry extension activities, providing plant and animal seeds; supporting small-scale processing equipment;

a) Training, capacity building, and training both domestically and internationally, and online training on knowledge, skills, practical technology transfer, mastering technology; knowledge, skills, and practical management, organization, and operation of activities to develop the science and technology market;"

8. Amend Article 13 as follows:

"Article 13. Project to support commercialization of research results and technological development, intellectual property

1. Criteria and Conditions for Selection

a) Organizations capable of developing feasible plans, models, and solutions for the commercialization of research results and technological development, intellectual property; or

b) Organizations and individuals with technologies and products that have the potential for market growth; organizations and individuals applying technology and using technological products; organizations and individuals ordering production, transferring technology, investing cooperatively, and consuming products."

a) Supporting agricultural and forestry extension activities, providing plant and animal seeds; supporting small-scale processing equipment;

a) Hiring experts to develop commercialization plans, evaluate, and price research results and technological development, intellectual property. The plan includes: developing business models and strategies; ownership and usage rights transfer plans for research results and technological development; technology transfer plans; research and development investment plans; technology incubation plans, scientific and technological enterprise incubation plans; plans to establish scientific and technological organizations under enterprises;

b) Completing and testing technological products (producing sample products, model samples, experimental products, organizing market surveys, testing market trials, evaluating market trial results, improving technology, improving technological products); establishing technical standards, regulations, inspection, calibration of technology, product calibration; procedures related to intellectual property registration, licensing for circulation of technology and technological products;

c) Investigating, surveying, researching the market; applying research results and technological development, intellectual property in production, business, providing public services for community benefits, social security;

d) Participating in training, capacity building, and training on knowledge, skills, practical technology transfer, mastering technology; knowledge, skills, and practical management, organization, and operation of activities to develop the science and technology market;

đ) Participating in domestic and international events promoting the development of the science and technology market;

e) Developing communication scripts and products on the theme of technology commercialization, technological products."

9. Amend Clause 2 of Article 14 as follows:

"Article 14. Project to promote the development of the science and technology market

a) Supporting agricultural and forestry extension activities, providing plant and animal seeds; supporting small-scale processing equipment;

a) Investigating, surveying, researching the market, collecting information, identifying potential targets for promoting the development of the science and technology market;

b) Organizing or participating in technology and equipment fairs (Techmart), virtual Techmart, online Techmart; seminars, roundtables on disseminating suitable, new, and advanced technologies; technology supply-demand connection demonstrations (Techdemo), promoting technology commercialization; organizing seminars and exhibitions to introduce research results and technological development from research and training institutions; startup technology days and innovation events; invention exhibitions, potential technological product exhibitions for commercialization domestically and abroad; science and technology market development conferences, science and technology enterprise development conferences, including the following activities:

- Activities of consultant advisors, artistic design, overall decoration, sound and lighting techniques;

- Opening ceremony, activities of the host, technical support;

- Activities of event participants, including travel, accommodation, transportation of equipment, samples, models;

- Activities of the organizing committee, advisory board, award committee, consultant advisors, independent scientists, exhibitors, other event participants;

- Communication and promotion through mass media; creating electronic data to promote the event;

- Printing necessary materials (brochures, catalogs, invitations...);

- Translation; organizing scientific and technological seminars;

- Renting premises (including security, protection, electricity, water); setting up booths; displaying products;

- Awards (certificates of merit, certificates of appreciation, plaques, commemorative medals); organizing award ceremonies;

- Other necessary activities.

c) Consulting, introducing, promoting, and commercializing new technologies and products created from new technologies of scientific and technological organizations, science and technology enterprises, individual researchers, technology trading platforms, and provincial and centrally-administered city technology application centers."

10. Amend Article 16 as follows:

"Article 16. Determining Tasks Under the Program

1. For tasks in science and technology as stipulated in Point a and Point c, Clause 1, Article 3 of this Circular, the determination and implementation of tasks shall be carried out according to Article 16a of this Circular.

2. For tasks as stipulated in Point b, Clause 1, Article 3 of this Circular, the determination and implementation of tasks shall be carried out according to current laws on investment projects for development.

3. For tasks as stipulated in Point d, Clause 1, Article 3 of this Circular, the determination and implementation of tasks shall be carried out according to Article 16b of this Circular."

11. Add Article 16a after Article 16 as follows:

"Article 16a. Determining and Implementing Science and Technology Tasks Under the Program

1. Ministries, sectors, and localities shall build, approve, and submit orders for science and technology tasks to the Department of Market Development and Science and Technology Enterprises, Ministry of Science and Technology."

2. For projects supporting the commercialization of research and development results and intellectual property assets that meet the criteria and conditions for selection prescribed in Clause 1, Article 13 of this Circular:

a) Organizations and individuals having ownership rights or usage rights to research results and intellectual property assets shall proactively submit proposals for scientific and technological tasks to the Market Development and Science and Technology Enterprise Department;

b) The Steering Committee shall cooperate with the Market Development and Science and Technology Enterprise Department to seek and propose orders from the Ministry of Science and Technology based on the following criteria:

- Having regional and inter-sectoral relevance;

- Possessing commercialization potential and the ability to disseminate research and development results and intellectual property;

- Contributing to promoting technology transactions in the market;

- Contributing to forming and developing intermediary organizations' networks in the science and technology market.

3. The determination and organization of implementation of scientific and technological tasks under the Program shall be carried out in accordance with the provisions of Circular No. 05/2015/TT-BKHCN dated March 12, 2015 issued by the Minister of Science and Technology on the management of national-level science and technology programs; Circular No. 07/2014/TT-BKHCN dated May 26, 2014 issued by the Minister of Science and Technology on the procedures and formalities for determining national-level scientific and technological tasks using state budget funds; 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 to implement national-level scientific and technological tasks using state budget funds; Circular No. 23/2014/TT-BKHCN dated September 19, 2014 issued by the Minister of Science and Technology amending and supplementing certain articles of Circulars No. 10/2014/TT-BKHCN and No. 05/2014/TT-BKHCN; Circular No. 04/2015/TT-BKHCN dated March 11, 2015 issued by the Minister of Science and Technology on the inspection, evaluation, adjustment, and termination of contracts during the implementation of national-level scientific and technological tasks using state budget funds; Circular No. 11/2014/TT-BKHCN dated May 30, 2014 issued by the Minister of Science and Technology on the evaluation and acceptance of results of national-level scientific and technological tasks using state budget funds, and other relevant current laws and regulations.

4. Explanations, comments, and evaluations of tasks specified in Articles 9, 11, 12, 13, 14, and 15 of this Circular shall be provided according to the model attached as an appendix to this Circular, specifically as follows:

a) For projects establishing and developing the activities of intermediary organizations as stipulated in Article 9, according to the models: B1-1-TMDATG; B1-2-NXDATG, B1-3-ĐGDATG as specified in the appendix attached to this Circular;

b) For projects organizing training courses and capacity building for cadres and experts serving the development of the science and technology market as stipulated in Article 11, according to the models: B2-1-TMDAĐT; B2-2-NXDAĐT, B2-3-ĐGDAĐT as specified in the appendix attached to this Circular;

c) For projects assessing technology needs and supply capabilities as stipulated in Article 12, according to the models: B3-1-TMDAĐG; B3-2-NXDAĐG, B3-3-ĐGDAĐG as specified in the appendix attached to this Circular;

d) For projects supporting the commercialization of research and development results and intellectual property as stipulated in Article 13, according to the models: B4-1-TMDATMH, B4-2-NXDATMH, B4-3-ĐGDATMH as specified in the appendix attached to this Circular;

đ) For projects promoting the development of the science and technology market as stipulated in Article 14, according to the models: B5-1-TMDAXT, B5-2-NXDAXT, B5-3-ĐGDAXT as specified in the appendix attached to this Circular;

e) For projects promoting the development of the science and technology market through communication as stipulated in Article 15, according to the models: B6-1-TMDATT, B6-2-NXDATT, B6-3-ĐGDATT as specified in the appendix attached to this Circular.

5. Information search requirements for tasks specified in Articles 7, 9, 11, 12, 13, 14, and 15 shall be according to the model B7-YCTrC as specified in the appendix attached to this Circular.

6. Other documents shall apply corresponding models as prescribed by the legal documents stipulated in Clause 1 of this Article.

12. Supplement Article 16b after Article 16a as follows:

"Article 16b. Determination and Organization of Implementation of Annual and Periodic Tasks on Promoting the Development of the Science and Technology Market

1. Each year, subordinate units under the Ministry of Science and Technology shall submit annual and periodic task descriptions on promoting the development of the science and technology market according to Model B8-1-TMNV as specified in the appendix attached to this Circular to the Market Development and Science and Technology Enterprise Department, Ministry of Science and Technology. The Market Development and Science and Technology Enterprise Department shall coordinate with the Planning and General Affairs Department to review, compile, and submit to the Minister of Science and Technology for approval the list of tasks to be assigned directly.

2. Based on the Decision approving the list of annual and periodic tasks on promoting the development of the science and technology market by the Minister of Science and Technology, the Market Development and Science and Technology Enterprise Department shall request the Minister of Science and Technology to establish an Advisory Council and a Financial Review Board for the implementation of the tasks (hereinafter referred to as the Review Board).

3. The Review Committee:

a) The composition of the Review Board includes five members, including:

- One (01) chairman of the board representing the Program Steering Committee;

- One (01) vice-chairman of the board being an expert in the field of science and technology market development;

- Three (03) members representing the units: Planning and General Affairs Department, Finance Department, and National Science and Technology Development Fund.

b) Principles of operation of the Review Board:

- At least four-fifths of the members of the board must be present, including the Chairman or Vice-Chairman.

- The Council shall prepare the Minutes of the content and budget assessment for the task implementation according to Model B8-2-BBTĐ stipulated in the Appendix issued together with this Circular.

4. Based on the results of the assessment council, the Market Development and Science and Technology Enterprise Department shall submit to the Minister of Science and Technology for consideration and approval to directly assign the leading organization to implement the task.

5. Based on the Decision approving the leading organization, the head of the main task, the budget and the time for implementing the task, the National Science and Technology Development Fund shall cooperate with the Market Development and Science and Technology Enterprise Department to conclude the contract for implementing the task with the leading organization according to Model B8-3-HĐ stipulated in the Appendix issued together with this Circular.

6. The leading organization responsible for implementing the task shall be responsible for preparing the report on the results of the task implementation according to Model B8-4-BCĐG stipulated in the Appendix issued together with this Circular, to be sent to the Market Development and Science and Technology Enterprise Department for consolidation and submission to the Minister of Science and Technology to establish the Evaluation and Acceptance Council for the task.

7. The Task Completion Evaluation Committee:

a) The members of the Evaluation and Acceptance Council for the task shall consist of five members, including:

- One (01) chairman of the board representing the Program Steering Committee;

- One (01) vice-chairman of the board being an expert in the field of science and technology market development;

- Three (03) members representing the units: Planning and General Affairs Department, Finance Department, and National Science and Technology Development Fund.

b) Principles of operation of the Task Completion Evaluation Committee:

- At least 4/5 of the members of the Council must be present, including the Chairman or Deputy Chairman.

- The Council shall prepare the Minutes of the evaluation and acceptance of the results of the task implementation according to Model B8-5-BBNT stipulated in the Appendix issued together with this Circular.

8. Based on the Minutes of the evaluation and acceptance of the results of the task implementation, the Market Development and Science and Technology Enterprise Department shall submit to the Minister of Science and Technology for consideration and decision to recognize the results of the task implementation.

9. The procedure for terminating the contract for implementing the task shall be carried out according to Model B8-6-TLHĐ stipulated in the Appendix issued together with this Circular.”

13. Amend Clause 3, Clause 4, and Clause 5 of Article 25 as follows:

“Article 25. Implementation of the Program

3. The Market Development and Science and Technology Enterprise Department shall be responsible for organizing the determination of tasks; receiving task proposals; implementing procedures for selecting and directly assigning tasks; organizing evaluations and acceptances of task implementation results and performing other tasks related to managing tasks under the Program.

4. The National Science and Technology Development Fund shall cooperate with the Market Development and Science and Technology Enterprise Department to implement procedures for concluding contracts for scientific and technological task implementation, disbursing funds, settling accounts for contract implementation funds and other tasks related to managing funds for Program task implementation.

5. Funds for tasks under the Program and Program operation costs shall be guaranteed from the annual science and technology business fund allocated to the National Science and Technology Development Fund, funds from the science and technology market development program of ministries, sectors, localities, and other sources as prescribed.”

14. Amend Clause 1 and Clause 5 of Article 28 as follows:

“Article 28. Responsibilities of Ministries, Sectors, and Localities

1. Based on the guidance of the Ministry of Science and Technology, ministries, sectors, and localities shall proactively propose tasks to participate in the Program, guide the construction of plans and implement the science and technology market development programs of ministries, sectors, and localities; create conditions for organizations and individuals to participate and effectively perform assigned tasks.

5. Build the science and technology market development program of ministries, sectors, and localities based on the contents of the science and technology market development program until 2020; mobilize other funding sources as prescribed to implement tasks under the Program.”

15. Amend Article 29 as follows:

“Article 29. Responsibilities of Leading Organizations

1. Implement the approved contents to achieve the goals and products of tasks under the Program.

2. Be responsible for the progress and results of the Program task implementation.

3. Be subject to inspection and supervision of the Program task implementation according to the set goals, contents, and schedule.

4. Propose in writing to the Ministry of Science and Technology (through the Market Development and Science and Technology Enterprise Department) adjustments to the Program task implementation goals, contents, solutions, and schedules to align with actual requirements and current regulations.

5. Fully comply with regular reporting systems (every six months, annually, mid-term reviews, final summaries) and ad hoc reports on the implementation situation of Program tasks and final settlement reports with competent authorities.”

16. Repeal Articles 17, 18, 19, 20, 21, 22, 23, and 24.

Article 2. Effective Date

1. This Circular takes effect from June 10, 2016.

2. In cases where legal normative documents cited in this Circular are amended, supplemented, or replaced by new legal normative documents, they shall be applied according to the new documents.

3. During the implementation process, if there are any difficulties, agencies, organizations, and individuals are advised to reflect them to the Ministry of Science and Technology for research, consideration, and appropriate amendments and supplements./.