Decision No. 09/2005/QĐ-BKHCN Issuing the "Regulation on Management of the Program to Build Models for Application and Transfer of Science and Technology to Serve Rural and Mountainous Economic and Social Development from now until 2010"

Pursuant to …;

ISSUING THE "REGULATIONS ON MANAGEMENT OF THE PROGRAM TO BUILD MODELS FOR APPLICATION AND TRANSFER OF SCIENCE AND TECHNOLOGY TO SERVE ECONOMIC AND SOCIAL DEVELOPMENT IN RURAL AREAS AND MOUNTAINOUS REGIONS FROM NOW TO 2010"

THE MINISTER OF SCIENCE AND TECHNOLOGY

Pursuant to Decree No. 81/2002/NĐ-CP dated October 17, 2002 of the Government detailing the implementation of certain provisions of the Law on Science and Technology;

Pursuant to Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology, and Decree No. 28/2004/NĐ-CP dated January 16, 2004 of the Government amending and supplementing certain articles of Decree No. 54/2003/NĐ-CP dated May 19, 2003;

Pursuant to Decision No. 122/2004/QĐ-TTg dated July 5, 2004 of the Prime Minister approving the Program "Building Models for Application and Transfer of Science and Technology to Serve Economic and Social Development in Rural Areas and Mountainous Regions from now to 2010";

At the proposal of the Steering Committee of the Program "Building Models for Application and Transfer of Science and Technology to Serve Economic and Social Development in Rural Areas and Mountainous Regions from now to 2010" and the Heads of the Department of Planning and Finance, the Department of Science and Technology of various economic and technical sectors;

DECISION:

Article 1. These Regulations on Management of the Program "Building Models for Application and Transfer of Science and Technology to Serve Economic and Social Development in Rural Areas and Mountainous Regions from now to 2010" are hereby issued together with this Decision.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 3. The Heads of the Department of Planning and Finance, the Department of Science and Technology of various economic and technical sectors, the Director of the Office of the Program "Building Models for Application and Transfer of Science and Technology to Serve Economic and Social Development in Rural Areas and Mountainous Regions from now to 2010", the Heads of units under the Ministry of Science and Technology, and the Heads of related agencies and organizations shall be responsible for implementing this Decision.

 

 

REGULATIONS

MANAGEMENT OF THE PROGRAM TO BUILD MODELS FOR APPLICATION AND TRANSFER

OF SCIENCE AND TECHNOLOGY TO SERVE ECONOMIC AND SOCIAL DEVELOPMENT IN RURAL AREAS

AND MOUNTAINOUS REGIONS FROM NOW TO 2010

(Issued together with Decision No. 09/2005/QĐ-BKHCN dated July 18, 2005 of the Minister of Science and Technology)

These Regulations apply to the management of the Program "Building Models for Application and Transfer of Science and Technology to Serve Economic and Social Development in Rural Areas and Mountainous Regions" from now to 2010 approved by the Prime Minister at Decision No. 122/2004/QĐ-TTg dated July 5, 2004 (hereinafter referred to as the Program).

 

PART I

GENERAL PROVISIONS

Article 1.

1. The Program includes projects: building models for application and transfer of science and technology, developing rural science and technology information systems, training and vocational training (hereinafter referred to as projects) aimed at bringing scientific and technological progress into application to serve rural and mountainous development, collected to implement the objectives and contents of the Program.

2. Projects under the Program include two groups: centrally managed projects and projects delegated to local management.

3. - Centrally managed projects are projects that focus on supporting localities in building models for applying science and technology to address issues:

+ Of significant importance to economic and social development, large-scale, affecting multiple regions or key economic zones;

+ Applying new technologies compared to local ones, having advanced scientific and technological content suitable for the locality, requiring cooperation among many experts from different fields and many scientific and technological organizations, particularly requiring mobilization of scientific and technological forces from the central level to support localities;

Centrally managed projects are directly directed and implemented by the Ministry of Science and Technology.

- Delegated managed projects are projects that support localities in implementing more advanced technologies than those currently available locally and appropriate to the organizational and leadership capacity of the locality. These projects are approved and assigned by the People's Committee of provinces and centrally-administered cities (hereinafter referred to as the People's Committee of provinces and cities) to the Department of Science and Technology to assist the People's Committee of provinces and cities in directing their implementation.

The maximum duration for project implementation is 36 months. For projects involving long-term crop planting, forest planting, development of raw material areas combined with processing, and other special cases, the duration may be extended up to 60 months, subject to approval by the Minister of Science and Technology.

4. Projects are carried out through the signing of contracts.

5. Technologies selected for transfer must meet the following conditions:

Article 2. Technologies created domestically must have been evaluated and approved for application and transfer at various levels of management, being more advanced than existing local technologies, or imported technologies must be proven adaptable and controllable by the transferring agency;

1. Technologies must target solving issues of significant importance to local economic and social development and ensure environmental protection requirements;

2. Technologies must have stable technical procedures compatible with the absorptive capacity of the people in the project area.

3. 1. Determination, selection, and implementation of projects are organized annually and proceed as follows:

Article 3.

Step 1

. Annually, based on the progress of plan formulation, the Departments of Science and Technology refer to the Program's objectives and content and criteria for selecting projects for each region, advise the People's Committee of provinces and cities on the goals, content, scope, and scale of projects within the Program's scope to be included in the annual science and technology plan of the province or city. After discussing the annual plan with relevant departments and agencies at the local level, the project is refined and supplemented to seek the opinion of the provincial or municipal Science and Technology Council.. Based on the advisory opinions of the provincial or municipal Science and Technology Council, the People's Committee of provinces and cities approves the list of projects managed locally and compiles a list of centrally-managed projects to request the Ministry of Science and Technology to consider financial support for implementation.

Step 2Step 3

Step 3Each year, based on the objectives and contents of the Program which have been detailed by the Steering Committee of the Program and on the basis of the proposal of the People's Committees of provinces and cities:

- The Ministry of Science and Technology organizes the examination, selection, determination of the list of projects under central management, the list of projects delegated to local management, and the support funds for projects delegated to local management to assign tasks to localities for implementation;

- Based on the advisory opinions of the State Scientific and Technological Council, the Ministry of Science and Technology examines and approves projects and implementation funds for projects under central management to arrange projects into plans and assign tasks to the leading and principal agencies of the projects to organize implementation;

Evaluating the eventThe Program Office, together with the Provincial Departments of Science and Technology, proceed to sign contracts for implementing projects with the leading and principal agencies of the projects for projects under central management. The Provincial Departments of Science and Technology sign contracts for implementing projects with the leading and principal agencies of the projects for projects delegated to local management;

Step 5On the basis of project implementation contracts, the leading agency and the principal of the project proceed to sign technology transfer contracts with scientific and technological organizations having selected transfer technologies;

Article 4.

1. The supervisory agency of projects belonging to the group under central management is the Ministry of Science and Technology, and for the group delegated to local management, it is the People's Committee of the province or city;

2. The leading agency of the project is a legal entity unit directly implementing the project, absorbing and benefiting from the results of the project;

3. The technology transferring organization is a Vietnamese scientific and technological organization possessing technology, having scientific staff knowledgeable and capable of mastering the technology to be transferred, and having experience in transferring technology to rural and mountainous areas;

4. The principal of the project is a staff member of the leading agency of the project, having appropriate expertise and holding at least a college degree;

Article 5.

The code of projects under the Program is recorded as follows: NTMN.DA.TW(ĐP).XX-20YY, where:

NTMN is the general symbol for the NTMN Program, DA is the symbol for the project;

1. The TW(ĐP) symbol group indicates projects under central management or delegated to local management (ĐP);

2. The two-digit number group (XX) is the serial number of the project;

3. The YY digit represents the year the project begins implementation;

Example: NTMN.DA.TW.01-2005; NTMN.DA.ĐP.01-2005;

Chapter II

ORGANIZATION OF THE PROGRAM AND PROJECTS UNDER THE PROGRAM

Article 6.

1. The Program has a Steering Committee chaired by the Minister of Science and Technology, a Deputy Minister of Science and Technology serving as the Permanent Vice-Chairman, and members of the Steering Committee representing the leadership of the Ministry of Agriculture and Rural Development, the Ministry of Fisheries, the Committee for Ethnic Minorities, and the Central Vietnam Farmers' Union. The Ministry of Science and Technology is the permanent office of the Program;

2. The Steering Committee has an assisting office. The Program Office (hereinafter referred to as the Office) includes the Director of the Office, the Deputy Director of the Office, and four to six assisting officers. Assisting officers of the Office are dedicated or part-time but must dedicate a minimum of 70% of their time to Office activities;

3. Members of the Steering Committee, the Director, and the Deputy Director of the Program Office are appointed by the Minister of Science and Technology. The appointment of Steering Committee members is carried out based on written agreement by the head of the personnel managing agency. Assisting officers in the Office are recruited and signed labor contracts by the Director of the Office after reaching consensus with the leadership of the Ministry of Science and Technology;

4. The Program Office is located at the working place of the Director of the Office and uses the accounting system and seal of the organization hosting the Office in Program activities;

Article 7. The Ministry of Science and Technology has the following tasks, powers, and responsibilities:

1. Directing, managing, and organizing the implementation of the Program according to the authorization of the Prime Minister in Decision No. 122/2004/QĐ-TTg dated July 5, 2004, approving the Program "Building Models for Application and Transfer of Science and Technology to Serve Rural and Mountainous Economic and Social Development" until 2010;

2. Leading and coordinating with provincial and municipal people's committees to determine projects and decide on the approval of lists, leading and principal agencies for projects under central management;

3. Establishing state-level scientific and technological councils to review and evaluate project description documents for projects under central management;

4. Reviewing the content and budget estimates of Program tasks; approving the content, budget, and technology transfer organizations for each project under central management, the content and budget of other Program activities, and the level of support funds from the central science and technology budget for projects delegated to local management;

5. Compiling the Program budget estimate to balance within the annual total budget estimate for science and technology expenses; allocating the Program's common activity budget estimate and the budget estimate for implementing projects under central management to the Program Office; balancing support funds according to plan for projects delegated to local management; coordinating with the Ministry of Finance in resolving financial issues of the Program;

6. Inspecting and supervising the operation of the Program; coordinating with provincial and municipal people's committees in inspecting and supervising the implementation of projects under the Program;

7. Approving final accounts of funds for projects under central management within the Program and the Program's common activity funds;

8. Approving procurement plans and results of equipment purchases using state budget funds for projects under central management in accordance with current regulations.

9. Adjust the objectives, contents, budget items, and progress of implementation of projects under the Program managed by the central authority that have been approved, suspend and cancel contracts when necessary;

10. Confirm the volume of work completed annually for the Program;

11. Establish evaluation boards to inspect and accept the results of projects under the Program managed by the central authority and approve the inspection and acceptance results;

12. Organize mid-term reviews, evaluate the results of activities, and conclude the Program;

Article 8. The Steering Committee of the Program has the following tasks and responsibilities:

1. Elaborate on the objectives and contents of the Program as determined in Decision No. 122/2004/QĐ-TTg dated July 5, 2004 of the Prime Minister, serving as a basis for selecting and allocating projects under the Program for annual implementation plans;

2. Develop the implementation plan of the Program, organize common activities of the Program;

3. Coordinate and integrate scientific and technological activities within the scope of the Program with other related programs and projects;

4. Assist the Ministry of Science and Technology and People's Committees of provinces and cities in determining the list of projects, leading agencies, project managers, and technology transfer agencies for centrally-managed projects;

5. Direct the leading agencies and technology transfer agencies of projects to implement projects according to approved objectives, contents, schedules, and budgets;

6. Assist the Ministry of Science and Technology and People's Committees of provinces and cities in urging, inspecting, evaluating, accepting, and concluding projects. Propose solutions to issues arising during the implementation of the Program and projects;

7. Propose to the Ministry of Science and Technology to reward organizations and individuals with outstanding achievements in implementing projects and propose measures to handle cases of violation of organizational and management regulations for centrally-managed projects;

Article 9. The Office of the Program has the following tasks and responsibilities:

1. Serve as the assisting agency for the Steering Committee of the Program;

2. Draft the work program of the Steering Committee of the Program for submission to the Chairman of the Steering Committee, prepare the content and necessary conditions for meetings of the Steering Committee of the Program;

3. Organize meetings of the board to evaluate project proposal documentation and the board to inspect and accept the results of projects under the Program managed by the central authority;

4. Safeguard the Program's files and documents in accordance with confidentiality regulations;

5. Prepare the annual budget estimate for the Program's common activities, compile the Program's budget estimate, and submit the Program's annual settlement budget to the Steering Committee of the Program, the Ministry of Science and Technology for consolidation and submission to the Ministry of Finance; propose to the Ministry of Science and Technology adjustments to the contents and budgets of centrally-managed projects when necessary;

6. Prepare project implementation contracts and jointly sign project implementation contracts with provincial science and technology departments for centrally-managed projects;

7. Disburse project implementation funds according to contracts for centrally-managed projects;

8. Prepare periodic six-month reports on the implementation of projects and the Program as required, and submit annual consolidated reports to the Ministry of Science and Technology before March 31 and September 30 each year;

9. Organize inspections and participate in regular or spot inspections when necessary regarding the implementation of projects;

10. Annually assist the Steering Committee of the Program to compile the volume of work completed for the year for submission to the Ministry of Science and Technology;

11. Prepare four-year interim reports, final reports on the results of the Program's implementation, organize interim and final reviews of the Program's activities;

12. Assist the Ministry of Science and Technology to process contract termination procedures for centrally-managed projects;

13. Propose to the Steering Committee of the Program to recommend the Ministry of Science and Technology to reward organizations and individuals with outstanding achievements in implementing projects and propose measures to handle cases of violation of organizational and management regulations for centrally-managed projects;

14. Annually compile activity results of the Program, hand over project results and documents of the Program to the Ministry of Science and Technology.

Article 10. The Provincial People's Committee has the following tasks and responsibilities:

1. To determine the list of projects managed by the central level within its territory and to propose the Ministry of Science and Technology to consider and select them;

2. To determine projects and approve the list, the leading agency, and the project leader for projects delegated to local management;

3. To approve the content, budget, and technology transfer agency for projects delegated to local management and to propose the budget support level from the central state budget for science and technology for such projects, and to instruct the Department of Science and Technology to organize their implementation;

4. To coordinate with the Ministry of Science and Technology and the Steering Board of the Program in inspecting, supervising, and urging the leading agency and the technology transfer agency to fulfill the commitments made in the contract;

5. To approve the bidding plan and results for purchasing equipment with state budget funds for projects under the Program that are delegated to local management according to current regulations;

6. To create favorable conditions for organizations and individuals to implement projects; to direct the leading agency of the project to develop and implement plans to expand the results of the Program's projects into mass production;

Article 11. The Department of Science and Technology has the following tasks and responsibilities:

1. To assist the Provincial People's Committee:

a) To organize the determination of the list of projects, the leading agency, and the project leader for projects delegated to local management;

b) To establish a provincial-level scientific and technological council to review and assess the project description files of projects under the Program expected to be implemented in the locality;

c) To compile the list of projects managed by the central level within its territory and the proposed support budget from the central state budget for science and technology for projects delegated to local management, and to request the Ministry of Science and Technology to support their implementation;

2. To take the lead and coordinate with the Department of Finance to appraise the content and budget estimate of projects delegated to local management;

3. To jointly sign contracts to implement projects with the leading agency and project leader for projects managed by the central level with the Program Office;

4. To sign contracts to implement projects with the leading agency and project leader for projects delegated to local management;

5. To monitor, urge, and participate in inspecting the implementation situation, and to propose to the Ministry of Science and Technology to handle issues arising during the implementation of projects under the Program managed by the central level. To organize regular and spot inspections (when necessary) of the implementation of projects delegated to local management;

6. To periodically confirm the volume of work completed by projects under the Program based on the assessment of the implementation situation and results by the leading agency; to compile the budget estimate and final settlement of the budget for projects delegated to local management for competent authorities to review; and to propose to the Provincial People's Committee adjustments to the objectives, content, and budget of projects delegated to local management when necessary;

7. To urge and guide the preparation of annual reports and mid-term reports, final reports on the results of project implementation, and to organize the summary of Program activities in the locality;

8. To establish a basic-level evaluation and acceptance committee for projects managed by the central level and an evaluation and acceptance committee for the results of projects delegated to local management;

9. To take the lead and coordinate with relevant departments to organize the evaluation of remaining assets after project completion, and to submit to the Provincial People's Committee for decisions on handling remaining assets of projects delegated to local management;

10. To process the termination of contracts for projects delegated to local management;

11. To propose to the Provincial People's Committee to commend organizations and individuals with outstanding achievements in project implementation and to propose measures to deal with violations concerning project organization and management;

12. To retain project files and documents in accordance with confidentiality regulations and to hand over necessary project documents to the Ministry of Science and Technology;

13. To assist the Provincial People's Committee in preparing periodic reports on project implementation situations in the locality as required and to submit annual consolidated reports to the Ministry of Science and Technology before March 31 and September 30 each year;

14. To coordinate with relevant departments to guide and support the leading agency of the project in developing plans to expand the results of Program projects into mass production;

15. To organize interim and final evaluations of the results of Program projects implemented in the locality.

Article 12. The leading agency implementing the project shall have the following tasks and responsibilities:

1. Direct and organize the full implementation of all contractual commitments. Ensure infrastructure, human resources, and financial conditions to support the technology transfer agency and the project leader in carrying out the project;

2. Ensure the project's funding according to the approved budget description and complete the final settlement of funds as prescribed; be responsible for managing and using the project's funds, materials, and assets according to the approved content and budget;

3. Support the project leader and the technology transfer agency in coordinating the schedule and progress of implementing management tasks and activities as prescribed;

4. Coordinate with local authorities to integrate the project's contents with other economic and social development programs and national target programs, mobilize other sources of capital to ensure sufficient funding for the project alongside state budget funds;

5. Evaluate the project's implementation status and the volume of work completed annually;

6. Report to the Department of Science and Technology, Provincial People's Committee, City People's Committee any issues arising that affect the project's implementation and propose solutions for projects delegated to local management;

7. Report to the Department of Science and Technology, Provincial People's Committee, City People's Committee, Steering Board of the Program, and Ministry of Science and Technology any issues arising that affect the project's implementation and propose solutions for centrally managed projects;

8. Coordinate with the Department of Science and Technology to organize the basic-level evaluation board for projects under the Program;

9. Develop plans and organize the widespread application of program project results in large-scale production;

Article 13. The project leader shall have the following tasks and responsibilities:

1. Proactively implement the approved content and budget estimate and complete the final settlement of the project's funds as prescribed;

2. Be responsible for the project's progress, results, and the effective use of funds, fulfill contractual commitments, and self-assess the volume of work completed;

3. Implement regular and ad hoc reporting systems as prescribed on the project's implementation status and fund usage to the Department of Science and Technology, Program Office, Steering Board of the Program, Provincial People's Committee, City People's Committee, and Ministry of Science and Technology, including:

a) Reporting on the project's implementation status every six months according to the prescribed form;

b) Reporting on the annual volume of work completed and the annual final settlement of funds to serve as the basis for continued funding;

c) Submitting a comprehensive project report according to the prescribed form;

d) Completing the final settlement of the project's funds;

4. Transfer the project's results and products according to regulations;

5. Be subject to supervision and inspection of the project's implementation by the Ministry of Science and Technology, Provincial People's Committee, City People's Committee, Steering Board of the Program, the leading agency of the project, and other competent agencies;

Article 14.

1. During implementation, if any of the following situations are discovered, the Ministry of Science and Technology and the parties involved in the project contract and the technology transfer contract may propose adjustments, suspension, or termination of the contract:

a) Due to external conditions such as natural disasters, fires, epidemics, etc., making it impossible for the project leader, the leading agency, and the technology transfer organization to continue implementing the contract as agreed;

b) The project leader, the leading agency, and the technology transfer agency fail to provide adequate material conditions, human resources, corresponding funds, and other conditions as committed in the contract;

c) The project leader, the leading agency, and the technology transfer agency lack the capacity to manage and implement the project's contents as stipulated in the contract;

d) Misuse of project funds;

Article 15.

1. For centrally managed projects, the agency whose contract has been suspended or terminated must cease all project activities and submit a written report on the work carried out, funds used, and equipment purchased to the Provincial People's Committee, City People's Committee. Based on each project's specific circumstances, the Provincial People's Committee, City People's Committee will recommend the Ministry of Science and Technology to consider and resolve the issue;

2. For projects delegated to local management, the unit whose contract has been suspended or terminated must cease all project activities and submit a written report on the work carried out, funds used, and equipment purchased to the Department of Science and Technology. Based on each project's specific circumstances, the Department of Science and Technology will recommend the Provincial People's Committee, City People's Committee to consider and resolve the issue and report in writing to the Ministry of Science and Technology;

Chapter III

MANAGEMENT OF FUNDS AND ASSETSPRODUCTION

Article 16.

1. Funds for the Program and projects must be used for their intended purposes and ensure efficiency according to the approved budget and current financial management regulations;

2. Any adjustment to the initial objectives, contents, and budget estimates of the Program, for centrally managed projects, must be reviewed and approved by the Ministry of Science and Technology based on written recommendations from the Department of Science and Technology and the Steering Board of the Program;

3. Any adjustment to the initial objectives, contents, and budget estimates of locally managed projects must be reviewed and approved by the Provincial People's Committee, City People's Committee based on written recommendations from the Department of Science and Technology and reported in writing to the Ministry of Science and Technology;

Article 17.

1. Assets invested with state budget funds for projects are state assets. The entity assigned by the state to purchase, manage, and use these assets must comply with current regulations on the procurement, management, and use of state assets;

2. Within thirty days from the date of the official project evaluation and acceptance, the asset user entity must report to the competent state authority to decide on the asset disposal plan.

3. The specific contents regarding the financial management and assets of the Program are stipulated in Circular Joint Circular No. 39/2005/TTLT/BTC-BKHCN dated May 23, 2005, issued by the Ministry of Finance and the Ministry of Science and Technology.

Article 18.

1. For projects that are completed on time or exceed the set requirements and produce outstanding results, the Ministry of Science and Technology will, together with the People's Committee of the province or city, consider rewarding the project leaders and technology transfer organizations.

2. Organizations and individuals who violate or contravene the management regulations of the Program shall bear responsibility and be subject to handling according to current provisions.

Chapter IV

IMPLEMENTING PROVISIONS

Article 19.

During the implementation of the Regulation, if there are difficulties or obstacles, it is recommended that agencies, organizations, and individuals report them to the Ministry of Science and Technology for study and appropriate amendments and supplements./.