Circular No. 09/2018/TT-BGDĐT Issuing Regulations on the Management of Ministry-level Science and Technology Programs of the Ministry of Education and Training

Issuing regulations on management of the Ministry-level Science and Technology Program of the Ministry of Education and Training

and the ministry-level technology of the Ministry of Education and Training

Pursuant to the Law on Science and Technology No. 29/2013/QH13 dated June 18, 2013;

Pursuant to the Government Decree No. 123/2016/NĐ-CP dated September 1, 2016 stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;;

Decree No. Decision No. 69/2017/NĐ-CP dated May 25, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Decision No. 157/QĐ-TTg dated February 1, 2021 of the Prime Minister promulgating the National Product Development Program until 2030;

Pursuant to the Government Decree No. 99/2014/NĐ-CP dated October 24, 2014 stipulating investment for development of potential and encouragement of scientific and technological activities in higher education institutions;

At the proposal of the Director of the Department of Science, Technology and Environment,

The Minister of Education and Training issues this Circular on the management of the Ministry-level Science and Technology Program of the Ministry of Education and Training.

Article 1. Attached herewith are the regulations on the management of the Ministry-level Science and Technology Program of the Ministry of Education and Training.

Article 2. This Circular takes effect from May 15, 2018 and replaces Circular No. 16/2012/TT-BGDĐT dated May 9, 2012 issued by the Minister of Education and Training on the management of the Ministry-level Science and Technology Program of the Ministry of Education and Training.

1. Programs assigned to be implemented before the effective date of this Circular shall be carried out according to the provisions of Circular No. 16/2012/TT-BGDĐT dated May 9, 2012 issued by the Minister of Education and Training on the management of the Ministry-level Science and Technology Program of the Ministry of Education and Training.

2. Based on the regulations on the management of the Ministry-level Science and Technology Program in this Circular, the heads of units under the Ministry of Education and Training, based on the needs of managing scientific and technological activities, shall issue regulations on the management of the institutional-level Science and Technology Program.

Article 3. The Heads of the Office, Directors of the Department of Science, Technology and Environment, heads of units under the Ministry of Education and Training, rectors of regional universities, academies, university presidents, college principals, institute directors, and directors of research centers directly under the Ministry of Education and Training, and individuals related to this matter are responsible for implementing this Circular.

 

 

REGULATIONS

On the Management of the Ministry-level Science and Technology Program

of the Ministry of Education and Training

(Issued together with Circular No. 09/2018/TT-BGDĐT dated March 30, 2018 of the Minister of Education and Training)

dated March 30, 2018, of the Minister of Education and Training)

 

PART I

GENERAL PROVISIONS

 

Article 1. Scope of Regulation and Applicability

1. This document regulates the management of the Ministry-level Science and Technology Program of the Ministry of Education and Training (hereinafter referred to as the Program), including: organization of Program management, construction of the Program, organization of building Program tasks, implementation of the Program, and financial matters of the Program.

2. These provisions apply to units under the Ministry of Education and Training, regional universities, universities, academies, teacher training colleges, research institutes, and research science centers directly under the Ministry of Education and Training, organizations and individuals selected and directly entrusted to lead the Program and its tasks (hereinafter referred to as organizations and individuals).

Article 2. Interpretation of Terms

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

 1. Ministry-level Program is a ministry-level scientific and technological task aimed at solving medium-term and long-term scientific and technological, educational, and training issues, serving the development of the Education sector, contributing to enhancing scientific and technological potential, and developing the national economy and society. The Program is implemented in the form of a collection of research topics, projects, and programs in the same field or multiple interdisciplinary fields.

The Program includes two types:

a) Ministry-level Program using the Ministry's budget is a Program implemented with the Ministry of Education and Training’s state budget for science and technology affairs.

b) Ministry-level Program not using the Ministry's budget is a Program that does not use the Ministry of Education and Training’s state budget for science and technology affairs, proposed by organizations and individuals, and approved by the Ministry of Education and Training with a Ministry-level code.

2. Program Framework is a document specifying the name, objectives, main contents, expected products, and implementation period of the Program.

3. Determining the Program is the process of organizing the examination, selection, and formation of the Program's name, objectives, expected products/results, and implementation period.

4. Selecting the Program is the process of selecting organizations and individuals with appropriate capacity and experience to implement the Program through the examination and evaluation of registration forms submitted for selection.

5. Directly entrusting organizations and individuals to lead the Program is the designation of organizations and individuals with sufficient capacity, conditions, and relevant expertise to implement the Program ordered by the Minister of Education and Training.

Ordering the Program is the process by which the Minister of Education and Training sets requirements for the Program for organizations and individuals to implement through contracts.

7. Leading Organization of the Program is the organization selected or directly entrusted by the Minister of Education and Training to lead the implementation of the Program.

8. Organizations and Individuals Leading Tasks of the Program (hereinafter referred to as leading organizations of tasks) are organizations and individuals selected or directly entrusted to implement tasks of the Program.

Article 3. Code of the Program, tasks of the Program

1. The code of the Program is recorded as follows: CT-XXXX-Y, where:

    a) CT is the general symbol for the Program.

    b) XXXX is the symbol of the year when the Program begins to be implemented.

c) Y is the symbol of the serial number of the organization assigned to lead the Program.

2. The code of the Program's task is recorded as follows: CT-XXXX-Y-Z.

Z is a group of characters defining the code of the Program's task according to the regulations on managing scientific and technological tasks at the ministry level issued by the Minister of Education and Training.

3. The implementation period of the Program shall not exceed three years (36 months). The implementation period of the Program's task shall not exceed two years (24 months) from the date of approval and funding allocation. For other cases, the Minister of Education and Training shall decide.

Article 4. Principles of organizing and managing the Program

1. Implementing in accordance with the provisions of the Law on Science and Technology and related legal documents; ensuring the management responsibility of the Ministry of Education and Training and the leading organization of the Program; ensuring the responsibilities and authorities of the Steering Committee of the Program.

    2. Ensuring that the Program is carried out and implemented in accordance with its objectives, contents, progress, and products ordered by the Minister of Education and Training.

    3. Using the Program's budget for its intended purpose, effectively, without waste, and complying with current state regulations on financial management.

 

Chapter II

MANAGEMENT OF THE PROGRAM

 

Article 5. Responsibilities of the Ministry of Education and Training

1. The Ministry of Education and Training uniformly manages the Program.

2. The Ministry of Education and Training has the following responsibilities:

a) Deciding to order the Program, the Program Framework, and the Program's tasks;

b) Compiling the annual plan and budget estimate for the Program's tasks included in the Ministry of Education and Training's overall scientific and technological plan and budget estimate;

c) Organizing guidance, supervision, inspection, evaluation, and acceptance of the Program's results and tasks;

d) Deciding to adjust the Program's content, products, and implementation schedule in accordance with practical requirements.

Article 6. Steering Committee of the Program

1. The Steering Committee of the Program is established by the Minister of Education and Training, consisting of three or five members based on the proposal of the leading organization of the Program, assisting the Minister of Education and Training in implementing the Program.

2. Members of the Steering Committee of the Program must meet the following conditions:

    a) Having led at least one scientific and technological task at the ministry level or international cooperation task and equivalent, which has been accepted within the last five years from the time of proposing to join the Steering Committee of the Program;

    b) Having professional expertise and reputation in the field of science of the Program;

c) Having health to complete the Program's tasks;

d) Being of working age as stipulated currently;

đ) Ensuring sufficient time for Program management activities;

e) Not having overdue scientific and technological tasks at various levels that have not yet been evaluated or accepted at the time of proposing to join the Steering Committee of the Program.

3. The Program Leader must meet the following requirements:

    a) Meeting the conditions specified in Clause 2 of this Article;

    b) Being the author of at least five publications in reputable international scientific journals, including at least three articles in the ISI/SCOPUS list or higher;

    c) Meeting one of the following conditions:

    - Having participated in managing scientific and technological programs at the ministry level or equivalent;

    - Having participated in managing scientific and technological programs in international cooperation;

- Having led and completed at least one national-level or equivalent project with good or better results;

    - Having participated in managing scientific and technological activities at the department, bureau, institute level or higher.

4. Responsibilities of the Steering Committee of the Program

a) Cooperating with organizations and individuals to propose Program tasks;

b) Cooperating with the leading organization of the Program to organize the selection of Program tasks;

c) Cooperating with the leading organization of the task to follow up, urge, inspect, accept, evaluate the results of Program tasks, and propose necessary adjustments;

d) Leading and cooperating with the leading organization of the Program to organize mid-term evaluations and summaries of the Program's implementation;

đ) Cooperating with the leading organization of the Program to build reports (periodic, annual, ad hoc as required, interim, final) on the Program's implementation results to be submitted to the Ministry of Education and Training; recommending measures to handle violations by organizations and individuals leading Program tasks during the implementation process.

Article 7. Responsibilities of the organization hosting the Program and organizations and individuals hosting tasks of the Program

1. Responsibilities of the organization hosting the Program

a) Approving the Operation Regulations of the Steering Committee of the Program proposed by the Steering Committee;

b) Organizing the implementation of the Program;

c) Being responsible for the progress and results of implementing the Program;

d) Submitting written recommendations to the Ministry of Education and Training on adjusting the content, products, and progress of implementing the Program in accordance with actual requirements and current regulations;

    đ) Implementing reporting procedures as prescribed; providing full information to supervisory agencies for monitoring, inspection, and auditing of the Program;

e) Managing allocated funds and settling accounts for Program implementation expenses according to current regulations;

g) Mobilizing funds from other sources to implement the Program;

h) Performing other tasks related to the Program assigned by the Minister of Education and Training.

2. Responsibilities of the organization hosting tasks of the Program

a) Organizing the implementation of Program tasks;

b) Being responsible for the content, progress, and results of implementing Program tasks;

c) Accepting supervision and inspection of the implementation of Program tasks;

d) Submitting written recommendations on adjusting the content, products, and progress of implementing Program tasks;

đ) Managing allocated funds, submitting to competent authorities for approval of bidding plans; organizing bidding, procurement, and management of equipment for Program tasks according to current regulations;

e) Fully implementing periodic reporting on the implementation status of Program tasks and final accounting reports to competent authorities.

3. Responsibilities of the Head of Program Tasks

a) Implementing tasks strictly in accordance with the content and schedule recorded in the task implementation contract; complying with management agency requirements for task implementation inspections;

b) Ensuring the authenticity of task implementation results;

c) Preparing comprehensive and summary reports on task implementation; submitting task implementation results and delivering all products after evaluation and acceptance according to regulations;

d) Using funds for their intended purposes, in compliance with regulations, efficiently according to the contract and task description; performing financial settlement and finalization according to current regulations;

đ) Supervising and urging participating organizations and individuals in task implementation. Reporting semi-annually and annually, and submitting ad hoc reports when required by competent authorities on task implementation status;

e) Implementing the publication, submission, and transfer of research results according to current regulations.

 

Chapter III

BUILDING THE PROGRAM

 

Article 8. Basis for Proposing the Program

The Program is proposed based on one of the following grounds:

1. National education development strategy, science and technology development strategy, national economic and social development strategy.

2. Priority directions of the industry and the country at each stage.

3. Requirements of Party and State leadership, the Ministry of Education and Training regarding urgent issues of the industry and the country.

4. Orders from organizations and individuals.

5. Guidelines for annual and five-year scientific and technological plan construction issued by the Ministry of Science and Technology and the Ministry of Education and Training.

6. Trends in education and training in the region and globally.

Article 9Criteria for Determining the Program

Chapter 1 ||| The Program must meet the following criteria:

1. The objectives of the Program aim to address important issues in improving the quality of education and training; developing priority fields of science and technology, contributing to solving urgent economic and social issues.

2. The content of the Program includes scientific and technological tasks that are directly and indirectly related to each other in terms of expertise and consistent with the Program's objectives; feasible when implemented, without overlapping in content with scientific and technological tasks that have been and are being carried out.

3. Scientific and technological products created are aimed at serving one of the following major orientations: developing scientific and technological potential in certain fields over a five-year or ten-year period; developing priority technology directions; developing key national products or serving the target program of the Education sector. The results must demonstrate novelty, high commercialization potential, high applicability, and meeting the Program's objectives; capable of establishing intellectual property rights linked to the market; capable of promoting international publication; having application addresses for the Program's results.

4. Resources for implementing tasks under the Program include human resources, material infrastructure, the ability to mobilize necessary resources to implement the Program, and the ability to coordinate with domestic and international organizations and individuals.

Article 10. the Program

1. Based on the Program proposal provisions stipulated in Article 8 of this Regulation, organizations and individuals proactively build Program proposals for science and technology that meet the criteria set forth in Article 9 of this Regulation and submit them to the Ministry of Education and Training (Form 1).

    2. The content of the Program proposal includes: Program name, urgency; objectives; content and expected products/results; implementation time.

3. The Ministry of Education and Training compiles Program proposals that meet the criteria set forth in Article 9 of this Regulation and organizes the determination of Programs (Form 2).

Article 11. Scientific and technological advisory council determines the Program

1. The scientific and technological advisory council determining the Program (hereinafter referred to as the Advisory Council Determining the Program) established by the Minister of Education and Training shall advise the Minister in determining the Program.

 2. The Advisory Council Determining the Program consists of seven, nine, or eleven members, including the Chairman, Vice-Chairman, two (02) opposing members, a scientific secretary member, and other members. Members of the Advisory Council Determining the Program are experts in science and technology, experienced management officials from relevant scientific fields of the Program.

3. The Advisory Council Determining the Program operates based on democratic and objective principles; they are individually responsible for independent advisory opinions and collectively responsible for the final conclusions of the Advisory Council Determining the Program.

4. The meeting procedures of the Advisory Council Determining the Program are specified according to the guidelines in Form 3.

5. Working methods of the Advisory Council Determining the Program:

a) A session of the Advisory Council Determining the Program must have at least two-thirds of the members present, including the presence of the Chairman or Vice-Chairman and at least one (01) opposing member. In the absence of the Chairman, there must be a written authorization for the Vice-Chairman to chair the session;

b) The administrative secretary is responsible for sending meeting materials to members at least five (05) days before the Advisory Council Determining the Program meeting;

c) Members of the Advisory Council Determining the Program review Program proposals (Form 4). Written comments of absent members only serve as reference;

d) The Advisory Council Determining the Program's concluding opinion is adopted when at least two-thirds of the present members agree. Members of the Advisory Council Determining the Program may request to retain their opinion if it differs from the Advisory Council Determining the Program's conclusion;

đ) The Ministry of Education and Training assigns two (02) specialists from the Department of Science, Technology, and Environment to serve as administrative secretaries assisting in preparing materials and organizing sessions of the Advisory Council Determining the Program.

6. Evaluation and advisory determination results of the Program

a) The Program proposal is evaluated through voting by the Advisory Council Determining the Program (Form 5) and the results are compiled into the Minutes of Voting (Form 6);

b) The Program proposal is recommended for implementation when at least two-thirds of the Advisory Council Determining the Program members present vote "recommend implementation." The Advisory Council Determining the Program discusses specifically to reach a consensus on the name, objectives, expected products, and implementation method (selection or direct assignment);

c) The Program proposal is recommended not to be implemented, the Advisory Council Determining the Program discusses specifically and reaches a consensus on the reasons for not recommending implementation;

d) The contents implemented at points b and c of this clause are recorded in the Minutes of the Advisory Council Determining the Program (Form 7).

7. Based on the Minutes of the Advisory Council Determining the Program, the Department of Science, Technology, and Environment compiles the Program list (Form 8), submits it to the Minister of Education and Training for consideration and decision on the procurement list to be put up for selection or direct assignment. In case of necessity, the Minister of Education and Training may seek independent expert opinions before deciding on the procurement list.

8. The Ministry of Education and Training is responsible for publicly announcing the procurement Program list to be put up for selection on the Ministry's electronic portal.

Article 12. Principles for selecting and directly assigning organizations and individuals to head the Program

1. General principles:

a) Selection and direct assignment must ensure transparency, fairness, democracy, and objectivity; the results of selection and direct assignment must be publicly announced on the Government Portal or other mass media, except for tasks related to state secrets and special services for national security and defense;

b) The application dossier for participating in selection and direct assignment of organizations and individuals heading the Program shall be evaluated through the Advisory Board for Selection and Direct Assignment established by the Minister of Education and Training;

c) The Minister of Education and Training decides to select organizations and individuals to implement the Program based on the advisory opinions of the Advisory Board for Selection and Direct Assignment. In necessary cases, the Minister of Education and Training has the right to seek independent expert advice before making a decision.

2. Principles for selection:

a) Compliance with the general principles stipulated in Clause 1 of this Article;

b) Selection shall be applied to Programs at the ministry level where multiple organizations and individuals have the capability to participate in implementation;

c) The list of Programs at the ministry level, conditions, and procedures for participating in selection shall be publicly announced on the Ministry's Government Portal or other mass media so that organizations and individuals participating in selection can prepare their application dossiers.

3. Principles for direct assignment:

a) Programs utilizing budget funds from the Ministry of Education and Training’s science and technology operating expenses may be directly assigned when they comply with the general principles stipulated in Clause 1 of this Article and meet one of the cases specified in Clause 1 of Article 30 of the Science and Technology Law 2013;

b) The Minister of Education and Training selects organizations and individuals who meet the required conditions to directly assign them to implement the Program.

Article 13. Application dossier for selection and direct assignment organizations and individuals heading the Program

1. The Program dossier includes:

a) Program description (Form 9);

b) Scientific curriculum vitae of the Program leader and members of the Program Steering Committee proposed by the organization applying to head the Program (Form 10);

c) Dossier on the material resources capacity of the organization heading the Program (Form 11);

d) Document of the collaborating unit participating in implementing the Program (Form 12).

2. The Program dossier for selection and direct assignment must be sealed and clearly marked on the outside with the name of the Program; the name, address of the organization heading the Program; the expected name and surname of the Program leader; the list of documents included in the dossier; one original copy and one electronic file of the documents in the original dossier in MS or Open-Office format. The submitted Program dossier may be replaced or supplemented within the prescribed time limit. Supplementary documents are part of the dossier.

Article 14. Criteria and scoring scale for evaluating the selection and direct assignment application dossier of organizations and individuals heading the Program

The selection and direct assignment application dossier of organizations and individuals implementing the Program will be scored out of a maximum of 100 points according to the following criteria and scoring scale:

1. Urgency of the Program (maximum 10 points).

2. Objectives of the Program (maximum 10 points).

3. Research content and implementation schedule (maximum 15 points).

4. Program products (maximum 30 points).

5. Effectiveness, transfer methods of research results, and applicability (maximum 10 points).

6. Implementation capacity (maximum 10 points).

7. Rationality and feasibility of the plan to mobilize non-budgetary science and technology operating funds from the Ministry of Education and Training to implement the Program (maximum 10 points).

8. Bonus points (for organizations proposing the Program) (maximum 5 points).

Article 15. The Science and Technology Advisory Board selects and directly assigns organizations or individuals in charge of the Program.

1. The Minister of Education and Training shall establish the Science and Technology Advisory Board for selecting and directly assigning organizations or individuals in charge of the Program (hereinafter referred to as the Direct Assignment Selection Advisory Board).

2. The Direct Assignment Selection Advisory Board consists of seven, nine, or eleven members including the Chairperson, Vice-Chairperson, two (02) opposing reviewers, a scientific secretary member, and other members. Members of the Direct Assignment Selection Advisory Board are experts in science and technology and experienced managers from relevant fields of the Program.

3. Individuals in the following cases shall not be members of the Direct Assignment Selection Advisory Board:

a) Individuals who register as the principal investigator or participate in implementing the Program;

b) Individuals belonging to organizations that register as the principal organization of the Program.

4. Responsibilities of members of the Direct Assignment Selection Advisory Board:

a) Provide written comments on each application for selection and direct assignment of the Program;

b) Evaluate fairly, objectively, and impartially; bear individual responsibility for evaluation results and collective responsibility for the final conclusion of the Direct Assignment Selection Advisory Board;

c) Members of the Direct Assignment Selection Advisory Board, experts (if any), and administrative secretaries have the responsibility to keep confidential information related to the evaluation process of applications for selection and direct assignment of the Program;

d) Independently score according to evaluation criteria groups and point scales.

5. The meeting procedures of the Direct Assignment Selection Board shall be carried out in accordance with the guidance provided in Model 13.

6. Working methods of the Direct Assignment Selection Advisory Board:

a) A session of the Direct Assignment Selection Advisory Board must have at least two-thirds of its members present, including the presence of the Chairperson or Vice-Chairperson and at least one (01) opposing reviewer. In case the Chairperson is absent, there must be a written authorization for the Vice-Chairperson to chair the session;

b) The administrative secretary is responsible for sending meeting materials to members of the Board at least ten (10) days before the meeting of the Direct Assignment Selection Advisory Board;

c) Members of the Direct Assignment Selection Advisory Board provide comments on the Program application (Model 14). Written opinions of absent members only serve as reference;

d) The conclusion opinion of the Direct Assignment Selection Advisory Board is adopted when at least two-thirds of the present members agree. Members of the Direct Assignment Selection Advisory Board may request to retain their opinions if they differ from the conclusion of the Direct Assignment Selection Advisory Board;

e) The Ministry of Education and Training appoints two (02) specialists from the Department of Science, Technology, and Environment to serve as administrative secretaries assisting in preparing materials and organizing sessions of the Direct Assignment Selection Advisory Board.

7. Results of the selection and direct assignment of the Program

a) The result of the selection and direct assignment of the principal organization of the Program is implemented through voting to evaluate the Program application by the Direct Assignment Selection Advisory Board (Model 15). The result is compiled into the Minutes of Ballot Counting (Model 16);

b) An organization is selected and directly assigned to be the principal organization of the Program when at least two-thirds of the present members of the Direct Assignment Selection Advisory Board vote "to implement". The Direct Assignment Selection Advisory Board discusses specifically to vote unanimously to recommend amendments to the name, objectives, main contents, expected products, implementation time, and other related contents of the Program;

c) The Direct Assignment Selection Advisory Board discusses specifically and agrees on the reasons for not implementing the Program for organizations or individuals in charge of the Program that are not selected or directly assigned;

d) Contents implemented under points b and c of this Clause are recorded in the Minutes of the Direct Assignment Selection Advisory Board (Model 17).

Article 16. Independent Consultant

1. An independent consultant is a person with a bachelor's degree or higher, possessing competence and experience in the relevant field requiring consultancy. The independent consultant may be either domestic or foreign.

2. The Minister of Education and Training decides on the selection of independent consultants. For a Program, there must be at least three (03) independent consultants.

3. The Ministry of Education and Training shall organize for independent consultants to provide opinions in the following cases:

a) When the Advisory Board's selection and direct assignment of Programs is inconsistent regarding the results of selection and direct assignment;

b) When the Advisory Board's selection and direct assignment of Programs violate regulations concerning the selection and direct assignment of Programs;

c) When there are complaints or reports related to the activities and conclusions of the Advisory Board's selection and direct assignment of Programs.

4. The Ministry of Education and Training shall send documents to independent consultants according to the provisions of Article 13 of this Regulation.

5. Responsibilities of independent consultants

a) Analyze, evaluate, and provide opinions on application files for selection and direct assignment of Programs according to the provisions of Article 14 of this Regulation;

b) Maintain confidentiality of evaluation information and complete advisory reports, submitting them to the Ministry of Education and Training;

c) Shall not contact or exchange information with organizations participating in the selection and direct assignment of Programs during the period they are invited for independent consultation. If there is a violation, the advisory results will not be recognized.

Article 17. Decision on selecting and directly assigning organizations and individuals to head Programs

1. The results of the Advisory Board's meeting on selecting and directly assigning organizations and individuals to head Programs shall be communicated to the organizations and individuals who have applied for selection and direct assignment of Programs after the meeting ends to complete their application files and submit them to the Ministry of Education and Training (Form 18).

2. The Minister of Education and Training shall review and decide on the selection and direct assignment of organizations and individuals to head Programs (Form 19) and the Program framework. In necessary cases, the Minister of Education and Training may seek the opinion of independent experts before making a decision.

3. The Ministry of Education and Training shall publicly announce the organizations and individuals selected to head Programs on the Ministry’s electronic portal.

4. The Minister of Education and Training shall instruct the Director of the Science, Technology, and Environment Department to sign scientific and technological contracts (Form 20) and terminate such contracts (Form 21) for implementing the Program.

Chapter IV

ORGANIZATION OF TASK CONSTRUCTION AND MANAGEMENT

a) Research and assess the demand and capability of applying Vietnam National Brand Program criteria in businesses

 

Article 18. Determination, Ordering Tasks and Selection of Organizations and Individuals to Head Tasks of the Program 1. The Ministry of Education and Training shall organize the determination and ordering of tasks of the Program based on the proposal of the Program's leading organization according to current regulations.

2. The organization of the selection of organizations and individuals to head tasks of the Program shall be carried out according to the management regulations for scientific and technological tasks at the Ministry level currently in effect.

3. In necessary cases, the Ministry of Education and Training may invite independent consultants (three to five persons) to re-evaluate the results of the selection of organizations and individuals to head tasks of the Program.

Evaluation of Content and Budget for Program Tasks

Article 19. 1. The Minister of Education and Training shall organize the evaluation of the content and budget for Program tasks according to the regulations.

2. The evaluation results shall be communicated to the organizations and individuals who have applied for selection and direct assignment to head Program tasks to perfect the description of Program tasks.

3. The Minister of Education and Training shall review and decide on the Program tasks to be implemented.

3. The Minister of Education and Training shall consider and decide on the tasks of the Program for implementation.

Article 20. Granting of Ministry-level Codes for Programs and Tasks Not Utilizing the Ministry of Education and Training’s Science and Technology Operational Budget

1. Programs and tasks not utilizing the Ministry of Education and Training’s science and technology operational budget, proposed by organizations or individuals, must meet the criteria set forth in Article 9 of this Regulation to be granted a ministry-level code by the Ministry of Education and Training.

2. The Minister of Education and Training shall instruct the head of the organization responsible for the Program to organize the determination of the Program and its task list, conduct selection, direct assignment, review content and funding for Program tasks, and report to the Ministry of Education and Training on the process of organizing these activities.

3. The Minister of Education and Training shall consider and decide on the Program and its tasks based on the proposal of the organization responsible for the Program. In necessary cases, the Minister of Education and Training may establish a Content Review Team or seek independent expert opinions before approving the Program and its tasks.

4. The costs for establishing the Program and its tasks as stipulated in this Article shall be borne by the proposing organizations or individuals according to current regulations.

 

Chapter V

IMPLEMENTATION OF THE PROGRAM

 

Article 21. Signing Contracts to Implement Program Tasks

1. The Minister of Education and Training shall instruct the head of the organization responsible for the Program to sign contracts (Model 22) and terminate contracts (Model 23) to implement Program tasks and be responsible to the Minister of Education and Training for the content and results of contract implementation.

2. If there are adjustments to the Program and its tasks, the adjustment documents from the competent authority shall be part of the contract.

Article 22. Monitoring and Evaluation Implementation of the Program and 1. The Ministry of Education and Training shall organize the determination and ordering of tasks of the Program based on the proposal of the Program's leading organization according to current regulations.

1. The head of Program tasks shall report annually on the implementation status of their tasks to the organization responsible for the Program.

2. The organization responsible for the Program and the organization or individual responsible for Program tasks shall cooperate with the Program Steering Committee to report to the Ministry of Education and Training on the implementation status of the Program and its tasks (Model 24) before December 31 each year.

3. In exceptional cases, the organization responsible for the Program, the organization or individual responsible for Program tasks, and the head of Program tasks shall report on the implementation status of their tasks upon request by the Ministry of Education and Training.

4. The Ministry of Education and Training shall periodically or exceptionally monitor the implementation status and results of the Program and its tasks. Inspection records shall follow Model 25.

Article 23. Adjustments to Content, Budget Estimates, and Implementation Progress

1. The organization responsible for the Program and the head of Program tasks, based on work requirements, may proactively adjust budget estimates among assigned expenditure items within the total approved budget estimate according to current regulations.

2. The Minister of Education and Training shall consider and decide on adjustments to Program contents based on recommendations from the Program Steering Committee, the head of the organization responsible for the Program, and the opinions of the Department of Science, Technology, and Environment, including:

a) For the Program: The organization responsible for the Program, the Program Steering Committee, the implementation period, Program content, and implementation progress;

b) For Program tasks: Task name, content, implementation progress, the organization responsible for Program tasks, and the head of Program tasks;

c) Approved budget estimates for non-task-assigned expenditure items.

3. Adjustments to the contents specified in Clause 2 of this Article shall not alter the Program's objectives and products.

4. Documents related to adjustments are part of the contract for implementing the Program and its tasks.

5. Handling of Programs and Program tasks that fail to complete or do not publicly disclose implementation information as prescribed in Circular Joint No. 27/2015/TTLT-BKHCN-BTC dated December 30, 2015, issued by the Ministers of Science and Technology and Finance regarding the allocation of funds for implementing scientific and technological tasks using state budget.

Article 24Evaluation of Implementation Results 1. The Ministry of Education and Training shall organize the determination and ordering of tasks of the Program based on the proposal of the Program's leading organization according to current regulations. and the Program

1. Evaluation of the implementation results of Program tasks shall be conducted according to the management regulations for ministry-level scientific and technological tasks of the Ministry of Education and Training.

2. Evaluation of the Program’s implementation results will be carried out in two stages: mid-term evaluation and final evaluation.

a) The Program Steering Committee shall lead the mid-term evaluation of the Program’s implementation results and report the evaluation results to the Minister of Education and Training.

b) The Ministry of Education and Training shall organize the final evaluation of the Program through a Scientific and Technological Advisory Council for mid-term and final acceptance (Model 26, 27).

3. Documentation for Evaluation and Acceptance of the Program

a) Comprehensive reports and summaries of the Program’s implementation results (Model 28);

b) Reports on scientific and technological products of the Program;

c) Contracts and descriptions of the Program, Program framework;

d) Confirmation documents and materials related to the publication, release, receipt, and use of research results (if applicable);

e) Reports on the use of Program funds;

f) Mid-term evaluation reports on the Program’s implementation results;

g) Other relevant materials (if applicable).

Article 25. Management and Utilization of Program Results Utilization of program results from tasks under the Program

1. The leading organization of the Program shall be responsible for managing, utilizing, and transferring the results of Program tasks in accordance with the provisions of the law. Intellectual property rights and the right to use the results of Program tasks shall be implemented in accordance with the laws on science and technology and intellectual property.

2. Registration and retention of the results of Program tasks shall be carried out in accordance with Circular No. 14/2014/TT-BKHCN dated June 11, 2014, issued by the Minister of Science and Technology, regarding the collection, registration, retention, and publication of information on scientific and technological tasks.

 

Chapter VI

FINANCIAL PROVISIONS OF THE PROGRAM

 

Article 26. Budget for Implementing the Program

1. The budget for implementing the Program includes state budget funds from the science and technology business expenses of the Ministry of Education and Training and other lawful sources of funding.

2. The budget for implementing the Program is self-funded by organizations and individuals.

Article 27. Expenditure Items of the Program

1. Expenditures for implementing Program tasks shall be carried out in accordance with current regulations.

2. Common expenditures of the Program include expenditures for meetings of the Steering Committee, conferences, scientific seminars, interim and final evaluations of the Program, report preparation, inspection and evaluation, travel expenses, and other related costs as prescribed. Funds for Councils assigned by the Minister of Education and Training to the leading organization of the Program to establish shall be sourced from the lawful income of the leading organization of the Program.

3. For Programs not using state budget funds from the science and technology business expenses of the Ministry of Education and Training, expenditure items and levels shall be determined according to the regulations of the leading organization of the Program and the organizations and individuals providing funds in accordance with the law.

Article 28. Preparation of Budget Estimates for Program Tasks and the Program

1. Annually, based on the tasks and financial needs of the Program and its tasks, the leading organization of the Program shall aggregate the budget into the science and technology business expenses budget of the leading organization and submit it to the Ministry of Education and Training for consolidation and submission to the competent authority for approval in accordance with the regulations.

2. Expenditures for common activities of the Program conducted at the leading organization of the Program shall be carried out in accordance with financial management regulations.

The Ministry of Education and Training shall review and approve the plan and budget for common activities of the Program.

3. Based on the annual budget estimate approved by the competent authority, the Ministry of Education and Training shall allocate the state budget expenditure estimate to the leading organizations of the Program.

    Article 29. Finalizing the Budget

1. Annually, the leading organization of the Program shall be responsible for reporting the finalized budget to the Steering Committee of the Program and the Ministry of Education and Training. The review and approval of the finalized budget of the Program shall be carried out in accordance with current regulations.

2. Expense vouchers for Program tasks shall be implemented in accordance with current regulations and managed and retained by the organizations leading the tasks and the Program in accordance with the regulations.

 

 

 

Article 30. Program Assets

1. Procurement of materials, equipment, and working tools to serve the activities of the Program and its tasks shall be carried out in accordance with current regulations.

2. The leading organization of the Program task shall be responsible for monitoring and managing assets formed through the implementation of tasks using state budget funds in accordance with Joint Circular No. 16/2015/TTLT-BKHCN-BTC dated September 1, 2015, issued by the Ministers of Science and Technology and Finance, guiding the management and disposal of assets formed through the implementation of scientific and technological tasks using state budget funds.