Circular No. 09/2014/TT-BKHCN on the management of national science and technology tasks

CIRCULAR

Regulations on Management of National Science and Technology Tasks

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

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;

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;

The managing unit of tasks under the Program

The Minister of Science and Technology stipulates the management of national science and technology tasks using state budget with objectives, contents, products not included in the objectives, contents, products of national science and technology programs, science and technology tasks under protocol, special science and technology tasks, national science and technology projects, and national science and technology tasks funded by state science and technology funds, including:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

a) National scientific project, national science and technology topic, national experimental production project;

b) Special important national science and technology task.

The tasks specified in point a and point b of this clause shall be collectively referred to as independent national tasks.

This Circular applies to organizations and individuals engaged in science and technology activities, state agencies, and other related organizations and individuals.

Unit managing independent national tasks

Article 2. Interpretation of Terms

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

1. (hereinafter referred to as the task management unit) is an entity under the Ministry of Science and Technology assigned the responsibility for managing independent national tasks. Unit managing funding for independent national tasks

2. (hereinafter referred to as the funding management unit) is an entity under the Ministry of Science and Technology responsible for directly managing the state budget to organize the implementation of independent national tasks. Article 3. Requirements for independent national tasks

Independent national tasks must comply with the provisions set forth in Articles 6 and 7 of Circular No. 07/2014/TT-BKHCN dated May 26, 2014 of the Ministry of Science and Technology on the procedures and formalities for determining national science and technology tasks using state budget.

Article 4. Code of independent national tasks

The code of independent national tasks is recorded as follows: TĐLCN.XX/YY, DAĐLCN.XX/YY, ĐTĐLXH.XX/YY, ĐAĐLQG.XX/YY.

1. TĐLCN is the common symbol for independent topics in the field of science and technology.

Where:

2. DAĐLCN is the common symbol for independent projects in the field of science and technology.

3. ĐTĐLXH is the common symbol for independent topics in the field of social sciences and humanities.

4. ĐAĐLQG is the common symbol for independent projects.

5. Group XX is a two-digit group recording the serial number of independent national tasks arranged by the Ministry of Science and Technology according to each TĐLCN, DAĐLCN, ĐTĐLXH group in the year of commencement.

6. Group YY is a two-digit group recording the last two digits of the year of commencement of independent national tasks.

7. Between the field symbol group and the task serial number group is a period; between the task serial number group and the year commencement symbol group is a forward slash.

Article 5. Announcing the list, registering, retaining, and providing information about the results of implementing independent national tasks

1. Information on independent national tasks (including: List of tasks put out for selection, directly assigned; selection results; task implementation results) is publicly announced on the Ministry of Science and Technology's website (http://www.most.gov.vn) or through other mass media in accordance with current regulations.

2. Registration and retention of the results of implementing independent national tasks are carried out in accordance with the provisions of Decree No. 11/2014/NĐ-CP dated February 18, 2014 of the Government on scientific and technological information activities and guiding documents. Results of implementing independent national tasks listed in the State secrets directory are registered and retained under confidentiality procedures.

3. Communication on the results of implementing independent tasks is conducted in accordance with the provisions of the Law on Science and Technology and the Press Law. Ministries, sectors, localities proposing to commission and utilize research results and technological development from independent national tasks, and organizations primarily responsible for independent national tasks have the responsibility to organize information dissemination and popularization of research results and technological development of the task.

3. The dissemination of results from independent tasks shall be carried out in accordance with the provisions of the Law on Science and Technology and the Press Law. Ministries, sectors, localities proposing to commission and utilize research results and technological development from national-level independent tasks, and organizations primarily responsible for national-level independent tasks shall have the responsibility to organize information dissemination and promotion of scientific research and technological development results from such tasks.

Article 6. Financial matters of national independent tasks

1. The budget for implementing national independent tasks includes the budget for implementing the contents and the management budget for national independent tasks.

2. The budget for implementing the contents of national independent tasks includes the budget supported from the state budget for science and technology affairs and other lawful sources. This source of funds is allocated to the Ministry of Science and Technology to transfer to the leading organization to spend on implementing national independent tasks according to the progress of the contract.

Encouragement is given to organizations and individuals participating in national independent tasks to mobilize additional funding outside the state budget to implement the tasks.

3. The management budget for national independent tasks is taken from the state budget for science and technology affairs and is allocated to the Ministry of Science and Technology to cover management activities.

4. The preparation of budgets, management, utilization, settlement, and auditing of funds for national independent tasks shall be carried out in accordance with current regulations on financial management of science and technology.

Chapter II
ORGANIZATIONS BUILDING AND IMPLEMENTING NATIONAL INDEPENDENT TASKS

Article 7. Determination of tasks, organization of selection, direct assignment to the leading organization, and evaluation of national independent tasks

1. The determination of tasks, organization of selection, direct assignment to the leading organization, and evaluation of national independent tasks shall be implemented in accordance with current regulations issued by the Ministry of Science and Technology.

2. For particularly important national science and technology tasks, after consulting the Advisory Council, the unit managing the national independent tasks has the responsibility to coordinate with relevant units to advise the Minister of Science and Technology to directly assign the task to an organization with sufficient capacity, conditions, and appropriate expertise to carry it out.

Article 8. Signing contracts to implement tasks

2. The model contract for implementing national independent tasks is carried out in accordance with Circular No. 05/2014/TT-BKHCN dated April 10, 2014, promulgating "Model Research Contract and Technology Development Contract".

Article 9. Regular reporting system, urgent reporting, inspection, and supervision of implementation

1. Every six months or upon urgent request of the competent authority, the leading organization of national independent tasks must prepare progress reports or reports as required and send them to the Ministry of Science and Technology and the main managing ministries, sectors, and localities. If the leading organization fails to submit progress reports as prescribed for two times or more, funding for the task will be suspended and dealt with according to regulations.

2. The Ministry of Science and Technology takes the lead and coordinates with the main managing ministries, sectors, and localities to organize regular or urgent inspections regarding the progress, content, and use of funds for national independent tasks as stipulated in the signed contract.

Article 10. Adjustment of Implementation Contracts

1. The leading organization may proactively adjust the budget estimate within the allocated budget quota as prescribed.

2. The Minister of Science and Technology reviews and decides on adjustments concerning the leading organization, name, objectives, products, implementation time, and total state budget support approved based on the proposal document of the leading organization of national independent tasks.

Adjustments to the implementation period can only be made once, not exceeding twelve months for tasks with an implementation period of twenty-four months or more, and not exceeding six months for tasks with an implementation period of less than twenty-four months. In special cases, this decision is made by the Minister of Science and Technology.

3. The Minister of Science and Technology considers and approves the policy and delegates authority to the head of the task management unit to adjust other contract contents within the scope of the signed contract based on the proposal document of the leading organization, except for the contents specified in Clause 2 of this Article.

4. When necessary, the Ministry of Science and Technology seeks the opinion of the task ordering agency before making an adjustment decision.

Article 11. Evaluation, acceptance, and recognition of results from independent national tasks

1. The procedures and processes for evaluating, accepting, and recognizing the results of independent national scientific and technological tasks shall be carried out in accordance with the provisions set forth in the Circular on the evaluation and acceptance of results from national scientific and technological tasks funded by the state budget.

Article 12. Management of products from independent national tasks

Assets purchased or formed during the implementation of independent national tasks funded by the state budget shall be managed and disposed of according to current regulations.

Chapter III
RESPONSIBILITIES AND LIMITS OF ORGANIZATIONS AND INDIVIDUALS

Article 13. Responsibilities and Authorities of the Ministry of Science and Technology

1. Responsibilities and limits of the task management unit

a) To take the lead and coordinate with related units to organize the determination of the List of tasks; select and directly assign organizations to undertake independent national tasks;

b) Coordinate with functional units of the Ministry of Science and Technology to review and submit to the Minister of Science and Technology for approval of the budget for independent national tasks;

c) Jointly sign contracts with the organization undertaking independent national tasks with the financial management unit;

d) Coordinate with functional units of the Ministry of Science and Technology in compiling and balancing the budget for implementing independent national tasks to allocate them into the annual state budget plan for science and technology affairs;

đ) Take the lead in inspecting; coordinate in auditing the implementation of independent national tasks; adjust the implementation contract according to Clause 3, Article 10;

g) Invite representatives from the agency proposing the task, representatives from ministries, sectors, and localities using research results to participate in meetings of the scientific and technological council determining tasks, and the scientific and technological council evaluating and accepting independent national tasks.

2. Responsibilities and limits of the financial management unit

a) Coordinate in organizing the review and submitting decisions to approve the budget for tasks;

b) Jointly sign contracts with the organization undertaking the task with the task management unit;

c) Coordinate with functional units of the Ministry of Science and Technology in compiling and balancing the budget for implementing tasks to allocate them into the annual state budget plan for science and technology affairs;

d) Lead in disbursing and settling accounts for the budget for implementing tasks;

đ) Coordinate in supervising, inspecting, and auditing the implementation of tasks;

e) Coordinate with the task management unit in organizing the evaluation, acceptance, and recognition of results from task implementation.

Article 14. Responsibilities and limits of the agency proposing the task

1. Propose the task of independent national tasks to the Ministry of Science and Technology.

2. Coordinate with the Ministry of Science and Technology in determining tasks, selecting, reviewing, and directly assigning tasks, evaluating, and accepting independent national tasks.

3. Appoint representatives to participate in advisory council meetings determining tasks, selection and direct assignment councils, and evaluation and acceptance councils for independent national tasks within their field or area of management at the request of the Ministry of Science and Technology.

4. Coordinate in inspecting and urging the implementation of independent national tasks within their field or area of management.

5. Organize the reception and bear responsibility for applying the research results of independent national tasks proposed by ministries, sectors, and localities. Regularly compile and report annually on the application results to the Ministry of Science and Technology.

Article 15. Responsibilities and Authorities of the Leading Organization

1. Be responsible for the content of the project description and budget estimate to meet the objectives and produce products according to the decision approved by the Ministry of Science and Technology.

2. Select individuals within the leading organization who have the necessary expertise and organizational capacity to serve as the project leader. In case of changing the project leader, the selected individual must meet the criteria for a project leader as stipulated in the Circular on the selection and direct assignment of organizations and individuals to implement national science and technology tasks funded by state budget. The results of changing the project leader must be reported in writing to the Ministry of Science and Technology.

3. Sign contracts to implement the task with the financial management unit and the task management unit under the Ministry of Science and Technology; sign work assignment contracts and specialized outsourcing contracts with the project leader and other organizations and individuals participating in implementing the task contents.

4. Fully fulfill all commitments in the contract regarding the responsibilities of the recipient towards the Ministry of Science and Technology and the responsibilities of the ordering party towards the project leader and other organizations and individuals participating in the implementation of the task.

5. Ensure material conditions (equipment, workshops, means of transportation), human resources, mobilize sufficient legitimate sources of finance outside the state budget (if any), and other conditions to ensure the implementation of the task according to the signed contract.

6. Use the allocated funds effectively to implement the task according to the signed contract with the Ministry of Science and Technology; provide adequate and timely funding from committed sources to the project leader and other organizations and individuals participating in implementing the task contents; complete the procedures for settlement and finalization of funds according to current regulations.

7. Implement reporting systems with the Ministry of Science and Technology and the managing ministries, sectors, and localities according to regulations. Create favorable conditions and provide full information to supervisory, inspection, and audit agencies regarding the implementation of the task. Propose adjustments when necessary to achieve the task's objectives, contents, and products.

8. Organize the registration of intellectual property rights protection for the results of the task for organizations and individuals according to the provisions of the law.

9. Implement the publication and submission of independent national task results according to current regulations.

10. Organize the management, exploitation, and transfer of task results, enjoy benefits, and bear responsibility for distributing interests from such activities according to the provisions of the law.

11. The results of independent national tasks implemented by the leading organization are recorded and serve as grounds for considering rewards and being assigned to implement other science and technology tasks.

Article 16. Responsibilities and Authorities of the Project Leader

1. Develop and perfect the project description to meet the objectives and produce products according to the decision approved by the Ministry of Science and Technology.

2. Sign a contract with the leading organization of the independent national task.

3. Organize the implementation of the task and be responsible for its honesty, scientific value, results, and effectiveness according to the signed contract; be responsible for proposing to the leading organization about application plans or commercialization of products from the task results.

4. Be guaranteed the conditions to implement the task according to the commitment in the contract with the leading organization and propose or recommend adjustments when necessary.

5. Coordinate with the leading organization to register intellectual property rights protection according to the provisions of the law.

6. Supervise and urge organizations and individuals participating in the implementation of the task according to the contract. Regularly report (every six months) and report on progress, fund usage, and task results to the leading organization. Lead the preparation of scientific and technological summary reports and other documents according to the signed contract with the leading organization.

Chapter IV
IMPLEMENTING PROVISIONS

Article 17. Implementation of the Circular

Ministries, ministerial-level agencies, agencies under the Government, central-level state agencies, provincial People's Committees, and municipal People's Committees directly under the central government shall apply this Circular to develop and promulgate regulations on the management of science and technology tasks at the ministry and provincial levels in accordance with their respective circumstances.

Article 18. Effectiveness and Responsibility for Enforcement

1. This Circular takes effect from July 15, 2014.

2. The Heads of the Department of Science and Technology for Economic and Engineering Sectors, Heads of units under the Ministry, and Heads of related agencies and organizations are responsible for implementing this Circular.

During implementation, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to promptly reflect them in writing to the Ministry of Science and Technology for study, amendment, and supplementation as necessary./.