Circular No. 08/2019/TT-BQP on the evaluation and acceptance of the results of implementing laboratory investment projects within the Ministry of National Defense

CIRCULAR

REGULATIONS ON EVALUATION AND ACCEPTANCE OF THE RESULTS OF IMPLEMENTING LABORATORY INVESTMENT PROJECTS WITHIN THE MINISTRY OF NATIONAL DEFENSE

Based on the Law on Enactment of Legislative Acts dated June 22, 2015;

Pursuant to the Law on Science and Technology dated June 18, 2013;

Pursuant to Decree No. 164/2017/NĐ-CP dated December 30, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to the Government's Decree No. 34/2016/NĐ-CP dated May 14, 2016 detailing certain provisions and measures for implementing the Law on Legislative Acts of Regulations;

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 dated June 18, 2013;

Pursuant to Decree No. 32/2015/NĐ-CP dated March 25, 2015 of the Government on management of construction investment costs;

Pursuant to Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing the implementation of certain provisions of the Law on Bidding regarding the selection of contractors;

Considering the proposal of the Director of the Department of Military Science and Technology under the Ministry of National Defense;

The Minister of National Defense promulgates this Circular on regulations for evaluation and acceptance of the results of implementing laboratory investment projects within the Ministry of National Defense,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the evaluation and acceptance of the results of implementing laboratory investment projects within the Ministry of National Defense that fall within the investment decision-making authority of the Minister of National Defense.

2. This Circular applies to agencies, units, and individuals related to the evaluation and acceptance of the results of implementing laboratory investment projects within the Ministry of National Defense.

Article 2. Interpretation of Terms

Laboratory investment projects within the Ministry of National Defense include new laboratory construction projects, lab projects; projects to enhance laboratory capacity, lab, observation stations, analysis stations...; projects to upgrade equipment serving scientific research, technological development, training, and experimental production.

Article 3. Principles of Evaluation and Acceptance

1. Ensuring democracy, objectivity, fairness, honesty, and accuracy.

2. Based on the project's objectives, scale, content of investment, and decisions on approving the investment project.

3. Conducted in accordance with the procedures and formalities prescribed in this Circular.

Article 4. Methods of Evaluation and Acceptance

Laboratory investment projects are evaluated and accepted through the Science and Technology Council; implemented at two levels according to the sequence of evaluation at the Base level and evaluation and acceptance at the Ministry of National Defense level, specifically as follows:

1. Base-level Evaluation:

The Science and Technology Council at the Base level is responsible for organizing base-level evaluation of the results of implementing laboratory investment projects in accordance with state regulations and those of the Ministry of National Defense.

2. Evaluation and Acceptance at the Ministry of National Defense Level:

The Science and Technology Council at the Ministry of National Defense level is responsible for organizing evaluation and acceptance at the Ministry of National Defense level of the results of implementing laboratory investment projects in accordance with state regulations and those of the Ministry of National Defense.

Article 5. Content, Levels of Evaluation and Acceptance, and Requirements for Accepted Products of Laboratory Investment Projects

1. Content of Evaluation and Acceptance of Laboratories:

a) Investment objectives.

b) Investment content and scale.

c) Implementation progress.

d) Use of project funds.

đ) Compliance with state and Ministry of National Defense regulations.

e) Other contents.

2. Levels of Evaluation:

a) Evaluation of the results of implementing laboratory investment projects at two levels: "Pass" and "Fail" based on the evaluation forms of Science and Technology Council members.

b) A laboratory investment project is evaluated at the "Pass" level when at least two-thirds of the votes from council members rate it as "Pass." A project is evaluated at the "Fail" level when fewer than two-thirds of the votes from council members rate it as "Pass."

3. Requirements for Accepted Products of Laboratory Investment Projects:

a) Products such as equipment and software purchased through investment: In accordance with project approval decisions; ensuring quality standards set by manufacturers, technical and tactical capabilities, meeting usage requirements, complete documentation, and quality inspection for defense goods.

b) Products such as materials and equipment developed, designed, and manufactured independently: Implemented as science and technology tasks regulated by Circular No. 91/2015/TT-BQP dated August 11, 2015 of the Ministry of National Defense on regulations for evaluation and acceptance of science and technology project results within the Ministry of National Defense.

c) Products such as training outcomes for technology transfer: Must have training content and programs, ensure the capability to meet usage requirements, and be certified by the training institution according to the training content.

d) Products such as construction works and renovations must comply with standards according to laboratory requirements and meet current regulations on construction quality and safety.

đ) Other products: Evaluated according to task requirements and current state and Ministry of National Defense regulations.

Chapter II

BASE LEVEL EVALUATION

Article 6. Scientific and Technological Council at the Base Level

1. The Scientific and Technological Council at the Base Level: Established by the Head of the agency or unit under the Ministry of National Defense.

2. Composition of the Council:

The Scientific and Technological Council at the Base Level consists of 07 (seven) members, including:

a) Chairman of the Council: 01 (one) Head of the agency or unit under the Ministry of National Defense.

b) Council Members:

- Secretary Member: 01 (one) staff member from the science and technology management office of the unit under the Ministry of National Defense;

- Reviewing Members (consisting of 02 members): Experts or technical professionals related to the project's specialized field;

- Other Members: Staff members from relevant agencies or units or experts in the investment field of the project.

c) In special cases, the Council may have more than 07 (seven) members, decided by the Head of the agency or unit under the Ministry of National Defense.

3. Responsibilities and Authorities of Council Members:

a) Responsibilities and Authorities of the Chairman:

 - Issuing the Decision to establish the Expert Team assisting the Council;

 - Deciding on the time for organizing and chairing Council meetings;

- Being responsible for the content and results of the evaluation conducted by the Council;

- Confirming the completion of the project dossier according to the Council's conclusions;

- Fulfilling responsibilities and authorities as stipulated for Council Members in point d of this clause.

b) Responsibilities and Authorities of the Secretary Member:

- Assisting the Chairman in checking, preparing documents, and other necessary conditions for Council meetings;

 - Preparing related documents for project evaluation and sending them to the Chairman before the meeting; recording discussion opinions, drafting, and completing the minutes of the Scientific and Technological Council at the Base Level as prescribed;

 - Fulfilling responsibilities and authorities as stipulated for Council Members in point d of this clause.

c) Responsibilities and Authorities of the Reviewing Member:

- Examining, commenting, and evaluating the implementation results of the project;

- Submitting the evaluation comments on the project's implementation results to the Base Evaluation Council three working days before the Council meeting.

 - Fulfilling responsibilities and authorities as stipulated for Council Members in point d of this clause.

d) Responsibilities and Authorities of Council Members:

 - Requesting the Project Owner to provide project files, documents, and cooperating in inspecting project products for evaluation purposes;

 - Studying project files, documents, commenting, and evaluating the project's implementation results, and submitting evaluation comments on the project's implementation results to the Base Evaluation Council three working days before the Council meeting;

 - Being responsible for the comments and evaluations on the project's implementation results;

 - Voting on the project's implementation results.

4. Persons Not Eligible to Join the Council:

a) Individuals belonging to the project management board of the laboratory investment project or directly involved in implementing project contents.

b) Individuals currently being administratively punished for violations in scientific and technological activities or currently being criminally prosecuted or previously convicted without having their criminal records expunged.

Article 7. Expert Team Assisting the Scientific and Technological Council at the Base Level

1. The Expert Team is established by the Chairman of the Scientific and Technological Council at the Base Level.

2. The Expert Team: Consists of 04 (four) members, including:

a) Team Leader: 01 (one) Council Member兼任。

b) Members: 01 secretary member; 01 legal and financial member; 01 technical and technological member. They are professional technical and business staff from agencies or units within the Ministry of National Defense.

3. Responsibilities and Authorities of the Expert Team:

a) Requesting the Project Owner to provide project files, documents, and products when needed.

b) Inspecting and evaluating legal documents and implementation records of tender packages under the project.

c) Inspecting and evaluating the project's investment contents, including: renovation and construction, equipment, software procurement, research and development products, training products, and other investment products according to project approval decisions.

d) Performing professional tasks as directed by the Council Chairman.

đ) Reporting the inspection and evaluation results of the project's investment contents in writing to the Council.

Article 8. Documents for the Science and Technology Council at the Institutional Level to Evaluate the Implementation Results of Laboratory Investment Projects

1. The Investor's report on the evaluation of the implementation results of the project (in accordance with Model No. 01.PL1 attached as Appendix I of this Circular).

2. The Investor's request for institutional-level evaluation (in accordance with Model No. 02.PL1 attached as Appendix I of this Circular).

3. Decision on the establishment of the Science and Technology Council at the Institutional Level (in accordance with Model No. 03.PL1 attached as Appendix I of this Circular).

4. Decision on the establishment of the Expert Team (in accordance with Model No. 04.PL1 attached as Appendix I of this Circular).

5. Review and evaluation form of the Reviewing Member (in accordance with Model No. 05.PL1 attached as Appendix I of this Circular).

6. Report of the Expert Team (in accordance with Model No. 06.PL1 attached as Appendix I of this Circular).

7. Opinions of related agencies and units.

8. Legal documents of the project provided by the Investor.

Article 9. Meeting of the Science and Technology Council at the Institutional Level

1. Participants in the meeting include: Members of the Council; members of the Expert Team; representatives of the Investor; representatives of related agencies and units; and invited guests.

2. The Council meeting shall be held when at least two-thirds (2/3) of the Council members are present (including the Chairman of the Council, the Secretary Member, and two Reviewing Members). Absent members must obtain approval from the Chairman of the Council and submit their review and evaluation forms to the Council as required.

3. Content and procedure of the Council meeting:

a) Declaration of reasons, introduction of delegates, announcement of the decision to establish the council: To be conducted by the Secretary Member.

b) Reporting, discussion, and review and evaluation: To be chaired by the Chairman of the Council.

- The Investor reports on the implementation results of the investment project;

- The Expert Team reports on the inspection and evaluation results;

- The Reviewing Member presents the review and evaluation form and raises questions;

- The Secretary Member presents the opinions of absent members (if any);

- Council members provide reviews and evaluations on the implementation results and raise questions;

- The Investor answers questions and clarifies the opinions of Council members;

- The Chairman of the Council concludes the discussion.

c) Election of the Counting Team: The Council elects the Counting Team consisting of the Team Leader, Secretary, and Members who are Council members.

d) Voting to evaluate the implementation results of the project: Conducted by the Counting Team.

- The Counting Team distributes the evaluation forms for the implementation results of laboratory investment projects (in accordance with Model No. 07.PL1 attached as Appendix I of this Circular);

- The Council conducts voting;

- The Counting Team prepares the Minutes of the vote (in accordance with Model No. 08.PL1 attached as Appendix I of this Circular) and publicly announces the voting results at the Council meeting;

- The Council votes to approve the voting results.

đ) The Chairman of the Council concludes the meeting.

e) The Secretary Member reads the Minutes of the Science and Technology Council at the Institutional Level meeting (in accordance with Model No. 09.PL1 attached as Appendix I of this Circular) and publicly announces it at the Council meeting.

Article 10. Documents for the Institutional-Level Evaluation of the Implementation Results of Laboratory Investment Projects

The documents for the institutional-level evaluation of the implementation results of laboratory investment projects include:

1. Documents from Clause 1 to Clause 7 of Article 8 of this Circular.

2. Minutes of the Science and Technology Council at the Institutional Level accompanied by the Minutes of the vote.

Article 11. Handling the Results of the Scientific and Technological Council's Evaluation at the Basic Level

1. For laboratory investment projects evaluated at the level of "Pass" by the Scientific and Technological Council at the Basic Level, the Commandant of the agency or unit under the Ministry of National Defense where the project is located shall complete the necessary procedures and submit to the Minister of National Defense for evaluation and acceptance at the Ministry of National Defense level the results of implementing the project.

2. For laboratory investment projects evaluated at the level of "Fail" by the Scientific and Technological Council at the Basic Level, the Commandant of the agency or unit under the Ministry of National Defense where the project is located shall report to the Minister of National Defense for consideration and decision.

Chapter III

EVALUATION AND ACCEPTANCE AT THE MINISTRY OF NATIONAL DEFENSE LEVEL

Article 12. Conditions for Organizing Evaluation and Acceptance at the Ministry of National Defense Level

1. The investment project has been evaluated at the level of "Pass" by the Scientific and Technological Council at the Basic Level and has all the required documents as stipulated in Article 10 of this Circular.

2. A proposal from the agency or unit under the Ministry of National Defense requesting evaluation and acceptance at the Ministry of National Defense level (in accordance with Model No. 10.PL1 in Appendix I issued together with this Circular).

Article 13. The Scientific and Technological Council at the Ministry of National Defense Level

1. The Scientific and Technological Council at the Ministry of National Defense Level: The Minister of National Defense authorizes the Director of the Military Science Department of the Ministry of National Defense to decide on its establishment.

2. Composition of the Council:

The Scientific and Technological Council at the Ministry of National Defense Level consists of seven members, including:

a) Chairman of the Council: One Head of the Military Science Department of the Ministry of National Defense.

b) Council Members:

 - Secretary Member: One staff member of the Military Science Department of the Ministry of National Defense;

 - Reviewer Members (consisting of two members): Experts or technical professionals related to the specialty of the laboratory investment project from agencies and units within the Ministry of National Defense or state scientific and technological organizations;

- Council Member: Representative of the Department of Planning and Investment of the Ministry of National Defense;

- Council Member: Representative of the Finance Department of the Ministry of National Defense;

- Other Member: Representatives of agencies within the Ministry of National Defense; Representatives of state agencies invited by the Military Science Department.

c) In special cases, the Council may have more than seven members, decided by the Director of the Military Science Department.

3. Responsibilities and Authorities of Council Members:

a) Responsibilities and Authorities of the Chairman:

- Issuing decisions to establish Expert Teams assisting the Council;

- Deciding the time for organizing and chairing Council meetings;

- Being responsible for the content and results of the Council's evaluation and acceptance;

- Confirming the completion of the project dossier according to the Council's conclusions;

- Fulfilling responsibilities and authorities as stipulated for Council Members in point d of this clause.

b) Responsibilities and Authorities of the Secretary Member:

- Assisting the Chairman in checking, preparing documents, and other necessary conditions for Council meetings;

 - Preparing relevant documents for the evaluation and acceptance of project implementation results, sending review and evaluation forms of Council members and competent agencies to the Chairman of the Council before the meeting; recording discussion opinions, drafting and completing the minutes of the Council meeting according to regulations;

- Completing the report to the Minister of National Defense on the Council's work results;

 - Fulfilling responsibilities and authorities as stipulated for Council Members in point d of this clause.

c) Responsibilities and Authorities of the Reviewing Member:

- Examining, commenting, and evaluating the implementation results of the project;

 - Sending review and evaluation forms of project implementation results to the Council for evaluation and acceptance at the Ministry of National Defense level according to regulations;

- Fulfilling responsibilities and powers as stipulated for council members in point d of this clause.

d) Responsibilities and Authorities of Council Members:

- Requesting the Project Owner to provide documents and cooperate in checking the achievements of the investment project for evaluation and acceptance purposes;

- Studying documents, reviewing and evaluating the results of project implementation, and sending review and evaluation forms to the Council for evaluation and acceptance at the Ministry of National Defense level according to regulations;

- Being responsible for comments and evaluations during the project evaluation and acceptance process;

- Voting on the evaluation and acceptance of project implementation results.

4. Persons Not Eligible to Join the Council:

a) Individuals belonging to the agency or unit directly managing and implementing the investment project and the unit directly participating in the implementation of the project.

b) Individuals currently being administratively punished for violations in scientific and technological activities or currently being criminally prosecuted or previously convicted without having their criminal records expunged.

Article 14. Expert Team assisting the Science and Technology Council at the Ministry of National Defense

1. The Expert Team shall be established by the Chairman of the Science and Technology Council at the Ministry of National Defense.

2. The Expert Team consists of two groups (Technical and Technology Group; Legal and Financial Group), each group having three members, including:

- Group Leader: One member of the Council serving concurrently;

- Members: Professional technical and operational staff from agencies and units within the Ministry of National Defense.

3. Responsibilities and Authorities of the Expert Team:

a) Responsibilities and authorities of the Technical and Technology Group:

- Requesting the provision of project files, documents, products, and coordinating with the Project Owner during the inspection and evaluation process of investment contents;

- Inspecting actual conditions, evaluating the suitability of construction renovation projects, equipment, software purchased, research and manufacturing equipment, training products, and other investment products compared to project approval decisions;

- Inspecting and evaluating the technical condition of equipment under the project;

- Performing specialized tasks according to the Chairperson's directives;

- Reporting the results of inspections and evaluations of project investment contents in writing before the Council.

b) Responsibilities and authorities of the Legal and Financial Group:

- Requesting the provision of project files, documents, products, and coordinating with the Project Owner during the inspection and evaluation process of investment contents;

- Inspecting actual conditions, evaluating legal documents, implementation records of tender packages under the project;

- Inspecting and evaluating financial income and expenditure activities and compliance with state and Ministry of National Defense regulations by the Project Owner during the project implementation process.

- Performing specialized tasks according to the Chairperson's directives;

- Reporting the results of inspections and evaluations of project investment contents in writing before the Council.

Article 15. Meeting Files for the Science and Technology Council at the Ministry of National Defense to Evaluate and Accept Laboratory Investment Project Results

1. The evaluation file at the basic level has been completed and supplemented based on the conclusions of the Science and Technology Council at the Basic Level (Clauses 1 and 2 of Article 10).

2. Decision establishing the Science and Technology Council at the Ministry of National Defense (Model 01.PL2 in Appendix II issued together with this Circular).

3. Decision establishing the Expert Team assisting the Science and Technology Council at the Ministry of National Defense (Model 02.PL2 in Appendix II issued together with this Circular).

4. Comment and Evaluation Form of the Reviewing Member (Model 03.PL2 in Appendix II issued together with this Circular).

5. Report of the Expert Team, including:

- Report of the Technical and Technology Group (Model 04.PL2 in Appendix II issued together with this Circular);

- Report of the Legal and Financial Group (Model 05.PL2 in Appendix II issued together with this Circular).

5. Comments and evaluations of Council members and opinions of relevant agencies.

Article 16. Meeting of the Science and Technology Council at the Ministry of National Defense

1. Participants in the meeting include: Members of the Council; members of the Expert Team; representatives of the Investor; representatives of related agencies and units; and invited guests.

2. The meeting of the Science and Technology Council at the Ministry of National Defense shall be held when at least 2/3 of the Council members attend (including the Chairman, Secretary, and two Reviewing Members). In case of absence of a member, it must be approved by the Chairman, and the absent member's comment form must be sent to the Secretary two working days prior to the Council meeting.

3. Content and procedure of the Council meeting:

a) Stating reasons, introducing representatives, announcing the Decision to establish the Council: To be carried out by the Secretary.

b) Reporting, discussion, and review and evaluation: To be chaired by the Chairman of the Council.

- The Investor reports on the implementation results of the investment project;

- The Expert Team (consisting of: Technical and Technology Group; Legal and Financial Group) reports on inspection and evaluation results;

- The Reviewing Member presents comments and questions;

- The Secretary reads the comments of absent members (if any) and the opinions of agencies providing comments;

- Council members and representatives of commenting agencies evaluate the project results and ask questions;

- The Project Owner answers questions and explains the opinions of attending members;

- The Chairman of the Council concludes the discussion.

c) Electing the Counting Team: The Council elects a Counting Team consisting of three Council members, including: Team Leader, Secretary, and Member.

d) Voting to evaluate and accept project results: The Counting Team carries out.

- Evaluation and acceptance forms for laboratory investment project results are distributed by the Counting Team (Model 06.PL2 in Appendix II issued together with this Circular);

- The Council votes;

- The Counting Team prepares the Minutes of the Count (Model 07.PL2 in Appendix II issued together with this Circular) and announces publicly at the Council meeting;

- The Council votes to approve the counting results.

đ) The Chairman of the Council concludes the meeting.

e) The Secretary reads the Minutes of the Science and Technology Council at the Ministry of National Defense (Model 08.PL2 in Appendix II issued together with this Circular) and announces publicly at the Council meeting.

Article 17. Handling the results of evaluation and acceptance by the Ministry of National Defense Science and Technology Council

1. For laboratory investment projects evaluated and accepted at the level of "Pass" by the Ministry of National Defense Science and Technology Council, the Military Science Bureau shall require the Project Owner to complete the contents according to the conclusion of the Chairman of the Council for submission to the Minister of National Defense for consideration and approval of the project acceptance.

2. For laboratory investment projects evaluated at the level of "Fail" by the Ministry of National Defense Science and Technology Council, the Military Science Bureau shall report to the Minister of National Defense and propose handling measures.

3. Based on the Decision approving the project acceptance by the Minister of National Defense, the agencies and units under the Ministry shall report to the Minister of National Defense to decide on the approval of the final settlement of the project.

Chapter IV

RESPONSIBILITIES OF AGENCIES, UNITS AND INDIVIDUALS IN THE EVALUATION AND ACCEPTANCE OF PROJECT IMPLEMENTATION RESULTS FOR LABORATORY INVESTMENTS

Article 18. Responsibilities of the Military Science Bureau/Ministry of National Defense

1. Guide and direct all military agencies and units to implement the organization of evaluation and acceptance of project implementation results for laboratory investments.

2. Take the lead and coordinate with relevant agencies and units in organizing the evaluation and acceptance at the Ministry of National Defense level of project implementation results for laboratory investments in accordance with state regulations and those of the Ministry of National Defense.

3. Provide information and documents about the evaluation and acceptance of project implementation results for laboratory investments to agencies and units according to their functions and tasks.

4. Retain files on the evaluation and acceptance of project implementation results for laboratory investments in accordance with regulations.

5. Summarize and report to the Minister of National Defense on the results of the evaluation and acceptance of laboratory investment projects at the Ministry of National Defense level. Submit to the Minister of National Defense for approval of the acceptance of project implementation results for laboratory investments.

Article 19. Responsibilities of related agencies and units

1. Coordinate with the Military Science Bureau/Ministry of National Defense during the process of evaluating and accepting project implementation results for laboratory investments.

2. Nominate staff to participate in the Science and Technology Council for evaluating and accepting project implementation results for laboratory investments according to the prescribed composition and create conditions for staff to fulfill assigned tasks.

Article 20. Responsibilities of agencies and units under the Ministry of National Defense receiving laboratory investment projects

1. Organize the evaluation of project implementation results for laboratory investments at the grassroots level objectively and truthfully in accordance with the provisions of this Circular.

2. Direct the Project Owner to complete the project contents according to the conclusion of the Chairman of the Grassroots Science and Technology Council; Report and request the Ministry of National Defense to organize the evaluation and acceptance of project implementation results for laboratory investments.

Article 21. Responsibilities of the Project Owner

1. Prepare and provide project files and products for laboratory investments to serve the evaluation and acceptance work at various levels.

2. Closely cooperate with Science and Technology Councils at all levels throughout the organization of evaluation and acceptance of project implementation results to ensure effective council operations.

Chapter V

IMPLEMENTING PROVISIONS

Article 22. Effectiveness

This Circular takes effect from March 5, 2019; replacing Decision No. 612/QĐ-BQP dated April 26, 2000 of the Minister of National Defense on the establishment of the Evaluation and Acceptance Council for Laboratory Investment Projects.

Article 23. Responsibility for Implementation

1. The Chief of General Staff, the Director of the Political General Department, the heads of agencies and units are responsible for implementing this Circular.

2. The Director of the Military Science Bureau/Ministry of National Defense is responsible for organizing the implementation of this Circular.

3. In case of difficulties arising during implementation, agencies, units, and individuals should reflect these issues to the Ministry of National Defense (through the Military Science Bureau/Ministry of National Defense) for study and amendment.