Circular No. 10/2014/TT-BKHCN on the selection and direct assignment of organizations and individuals to perform state-level science and technology tasks funded by the State budget

SIGNATUREÔMINISTERIAL DECREE

Article 24Article provides for the selection and direct assignment of organizations and individuals to carry out national science and technology tasks funded by the state budget.

Science and Technology Decree on the selection and direct assignment of organizations and individuals to carry out national science and technology tasks funded by the state budget dated June 18, 2013;

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Pursuant to the Law KScience and Technology Circular on the selection and direct assignment of organizations and individuals to carry out national science and technology tasks funded by the state budget issued by the Minister of Science and Technology pursuant to the Law on Science and Technology dated January 27, 2014.

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;

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;

At the proposal of the Director of the Planning and General Affairs Department and the Director of the Legal Department;

This Circular stipulates the procedures for selecting and directly assigning organizations and individuals to carry out national science and technology tasks funded by the state budget (hereinafter referred to as science and technology tasks), including:

PART I

GENERAL PROVISIONS

Article 1. Scope and objects regulated

a) National scientific and technological research topics (including applied research and technology development topics, social and humanistic sciences research topics, and other fields' topics, hereinafter referred to as topics);

b) National pilot production projects (hereinafter referred to as projects);

c) National scientific plans (hereinafter referred to as plans).

The selection and direct assignment of organizations and individuals to carry out national science and technology tasks shall be governed by point d, e, g, h, Clause 2, Article 25 of the Government's Decree No. 08/2014/ND-CP dated January 27, 2014 detailing and guiding the implementation of certain provisions of the Law on Science and Technology. Tasks that are considered for funding, loans, and guarantees from funds in the field of science and technology, and tasks involving collaboration between scientific and technological organizations, scientists, and businesses and other organizations not covered by this Circular.

This Circular applies to scientific and technological organizations, individuals engaged in scientific and technological activities, state agencies, and other organizations and individuals related to the matter.

Selection involves choosing organizations and individuals with the best capabilities and experience to undertake scientific and technological tasks based on orders from competent authorities through the review and evaluation of registration files submitted for selection according to the requirements and criteria set forth in this Circular.

Article 2. Interpretation of Terms

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

1. Selecting Direct assignment involves designating organizations and individuals with sufficient capability, conditions, and relevant expertise to undertake scientific and technological tasks based on orders from competent authorities.

2. Directly assigning The Ministry of Science and Technology or other ministries, ministerial-level agencies, and government agencies assigned by the Prime Minister to lead the implementation of national science and technology programs/plans (hereinafter referred to as the leading ministry) are responsible for national science and technology tasks.

3. The leading agency for the task Article 3. Principles for the selection and direct assignment of organizations and individuals to carry out scientific and technological tasks

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 electronic portal or mass media, except for tasks classified as state secrets and those serving national security and defense;

1. General principles:

b) The selection and direct assignment of organizations and individual leaders to carry out scientific and technological tasks shall be conducted through a Science and Technology Council (hereinafter referred to as the council) established by the Minister of the leading ministry;

c) The Minister of the leading ministry is responsible under the law for decisions on selecting organizations and individuals to carry out scientific and technological tasks after receiving advisory opinions from the council. In necessary cases, the Minister of the leading ministry may seek independent expert advice before making a decision;

d) The evaluation of registration files for participation in selection and direct assignment shall be carried out by scoring according to specific criteria groups defined in Article 12 of this Circular;

e) Each individual can only register as the leader of one (01) scientific and technological task. Collaboration among participating organizations and individuals in selection is encouraged to maximize resource mobilization for the implementation of scientific and technological tasks.

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

2. Principles for selection:

b) Selection shall be applied to scientific and technological tasks where multiple organizations and individuals have the ability to participate in implementation;

c) A list of scientific and technological tasks, conditions, and procedures for participation in selection shall be publicly announced on the electronic portal of the leading ministry or other mass media within thirty working days to allow organizations and individuals to prepare registration files.

For scientific and technological tasks assigned directly, they must meet one of the cases specified in Clause 1, Article 30 of the Law on Science and Technology and comply with the general principles stipulated in Clause 1 of this Article.

Direct assignment is implemented by sending a document to the designated organization or individual requesting them to prepare registration files for undertaking scientific and technological tasks after obtaining advisory opinions from the consultation council confirming the task.

Direct assignment is carried out by sending a document to the organization or individual designated to prepare the registration dossier for implementing the scientific and technological task after obtaining the advisory council's opinion on determining the task.

Article 4. Conditions for Participation in Selection and Direct Assignment to Perform Scientific and Technological Tasks

1. Scientific and technological organizations that have registered scientific and technological activities and have functions suitable to the specialized field of the scientific and technological task may participate in registration for selection or be directly assigned to lead the implementation of such tasks, except in any of the following cases:

a) At the time of submitting the application, they have not fully repaid the recovered funds according to contracts for previous projects;

b) Submitting the evaluation and acceptance files for other national-level scientific and technological tasks later than thirty (30) days beyond the contract research completion deadline without approval from the Minister of the leading ministry will result in their exclusion from participation in selection and direct assignment for a period of one (01) year from the date of contract completion.

c) The organization leading the scientific and technological task has committed violations leading to suspension of task implementation or, after completion, has failed to apply the research results into production and daily life as stipulated in the scientific research and technology development contract and the requirements of the ordering party, shall not be eligible to participate in registration for selection and direct assignment for a period of three (03) years, calculated from the date of the conclusion by the competent authority.

d) Failure to fulfill the obligation to register and submit the results of the scientific and technological task funded by the state budget; failure to report on the application of the task results as required will result in their exclusion from registration for selection and direct assignment for a period of two (02) years.

2. For individuals registering as the principal of a scientific and technological task, they must meet the following requirements simultaneously:

a) Having a bachelor’s degree or higher;

b) Having expertise or a position suitable to the field of science of the task and actively working in the same field of science for at least five (05) years up to the submission date;

c) Being the principal or a key participant in drafting the task description of the scientific and technological task;

d) Possessing the ability to directly organize the implementation and ensuring sufficient time to lead the research work of the scientific and technological task.

3. Individuals falling under any of the following circumstances do not meet the conditions to participate in registration for selection and direct assignment as the principal of a scientific and technological task:

a) By the deadline for submitting applications, they are still serving as the principal of a national-level scientific and technological task (including: topics and projects within national-level scientific and technological programs; national-level scientific plans; national-level experimental production topics and projects; national-level scientific and technological projects; scientific and technological topics and projects under protocols; topics and projects funded by national science and technology funds or implemented through loans or loan guarantees from state funds);

b) An individual who is the principal of a scientific and technological task submits the national-level evaluation and acceptance files late by thirty (30) days to six months beyond the current regulations without approval from the Minister of the leading ministry will be excluded from participating in registration for selection and direct assignment for a period of two (02) years;

c) An individual who is the principal of a scientific and technological task evaluated at the level of "unsatisfactory" and not granted an extension of the implementation period to complete the results or granted an extension but still fails to complete the results within the permitted timeframe will be excluded from participating in registration for selection and direct assignment for a period of three (03) years from the date of the national-level evaluation and acceptance committee's conclusion;

d) An individual who is the principal of a scientific and technological task at various levels and commits violations leading to suspension of implementation and criminal liability will be excluded from participating in registration for selection and direct assignment for a period of five (05) years from the date of the decision by the competent authority.

Chapter II

APPLICATION FOR PARTICIPATION IN SELECTION AND DIRECT ASSIGNMENT TO PERFORM SCIENTIFIC AND TECHNOLOGICAL TASKS

Article 5. Documents for registration to participate in selection and direct assignment to perform scientific and technological tasks

Organizations and individuals prepare the documents for registration to participate in the selection and direct assignment of scientific and technological tasks according to the guidelines and Forms in Appendix I attached to this Circular:

1. A copy of the Certificate of Registration for Scientific and Technological Activities of the organization registering as the main organizer of the scientific and technological task.

2. Application form for organizing the implementation of the scientific and technological task (Form B1-1-ĐON).

3. Detailed project description (Form B1-2a-TMĐTCN or Form B1-2b-TMĐTXH); detailed project proposal (Form B1-2c-TMDA); detailed project plan (Form B1-2d-TMĐA).

4. Summary of scientific and technological activities of the organization registering as the main organizer of the scientific and technological task (Form B1-3-LLTC) and send along with the annual activity evaluation results of the scientific and technological organization (if available);

5. Scientific curriculum vitae of the individual applying as the principal investigator and other individuals applying to carry out the main scientific and technological task, confirmed by the personnel management agency (Form B1-4-LLCN).

6. Brief scientific curriculum vitae of foreign experts accompanied by confirmation of expert salary level (in case of hiring foreign experts).

7. Legal document confirming the agreement of organizations registering to cooperate in implementing the scientific and technological task (if applicable), (Form B1-5-PHNC).

8. Document proving the capability regarding human resources, equipment of the cooperating unit and the ability to mobilize funds from other sources for implementation (in case there is a cooperating unit and mobilizing funds from other sources).

9. For projects: legal commitment document and explanation of the ability to mobilize funds from sources outside the state budget reaching at least seventy percent of the total investment cost (financial reports of the enterprise in the last two to three years; loan commitment or loan guarantee commitment of credit organizations; legal commitment and confirmation documents on capital contribution of the main organizing organization and participating organizations).

10. Quotation for major equipment and raw materials needed to purchase for performing the scientific and technological task.

Article 6. Submission of documents for registration to participate in selection and direct assignment to perform scientific and technological tasks

1. The application package for participation in selection and direct assignment includes one (01) original set of documents (with stamp and direct signature) presented and printed on A4 paper size, using Vietnamese font of Unicode character set according to Vietnam Standard TCVN 6909:2001, font size 14, and one (01) electronic version of the documents recorded on a CD (PDF format, without password protection) packed in a sealed envelope marked clearly:

a) Name of the scientific and technological task (name, code number of the program - if applicable);

b) Name and address of the organization registering as the main organizer and the organization participating in cooperation (only list organizations that have confirmed participation in cooperation);

c) Full name of the individual applying as the principal investigator and list of individuals participating in the main implementation of the scientific and technological task;

d) List of documents included in the registration package.

2. The application package and submission deadline can be submitted directly or sent via postal service to the address announced by the main organizing ministry published on mass media.

3. The date of receipt of the application package is the date stamped by the post office (in case of sending via postal service) or the arrival stamp of the main organizing ministry (in case of direct submission).

4. Within the specified submission period, organizations and individuals applying to participate in selection and direct assignment may withdraw their submitted applications to replace them with new ones or supplement the submitted applications. Replacement of new applications and supplementation must be completed before the submission deadline; supplementary documents are part of the application package.

Article 7. Opening and verifying the validity of the application files for selection and direct assignment to perform scientific and technological tasks

1. Upon the expiration of the application registration period for selection, within ten working days, the leading ministry shall conduct the opening, verification, and confirmation of the validity of the application files with the participation of representatives from relevant agencies (if necessary), representatives of organizations and individuals who have registered to participate in the selection and direct assignment.

2. Valid applications are those prepared according to the prescribed forms and meet the requirements stipulated in Articles 4, 5, and 6 of this Circular.

3. The results of the opening of the application files shall be recorded in a protocol according to Model B2-1-BBHS attached as Appendix II to this Circular.

Chapter III

SELECTION BOARD, DIRECT ASSIGNMENT BOARD AND EXPENSE AUDIT BOARD FOR THE IMPLEMENTATION OF SCIENTIFIC AND TECHNOLOGICAL TASKS

Article 8. Selection Board, Direct Assignment Board, and Expense Audit Board for the Implementation of Scientific and Technological Tasks

1. The Selection Board, Direct Assignment Board, and Expense Audit Board for the Implementation of Scientific and Technological Tasks shall be decided by the Minister of the leading ministry.

2. The Selection Board, Direct Assignment Board organizing and individuals implementing scientific and technological tasks shall consist of nine members including the chairman, vice-chairman, two (02) reviewing experts, a scientific secretary member, and other members, among which:

a) Six (06) members are specialists with appropriate expertise selected from the database of scientific and technological experts of the Ministry of Science and Technology;

b) Three (03) members are representatives of the ordering agency, the proposing agency, management bodies, or business entities with the appropriate expertise and qualifications for advisory tasks;

c) In cases where experts from outside the database of scientific and technological experts of the Ministry of Science and Technology are required or more board members are needed, such decisions shall be made by the Minister of the leading ministry.

3. Individuals in the following categories shall not be members of the board evaluating application files for selection and direct assignment:

a) Individuals registering as the principal investigator or participating in the implementation of scientific and technological tasks;

b) Individuals belonging to organizations registering as the principal implementer of scientific and technological tasks.

4. Experts and reviewing experts who have participated in the advisory board determining scientific and technological tasks shall be prioritized to join the selection board and direct assignment board for corresponding scientific and technological tasks.

5. The expense audit team for scientific and technological tasks (hereinafter referred to as the audit team) shall consist of five (05) members, including:

a) The head of the review team is a leader of the unit managing the task under the Ministry responsible for the task;

b) Two (02) deputy heads of the audit team are leaders of financial management units under the leading ministry and representatives of the unit compiling the science and technology plan of the Ministry of Science and Technology;

c) One (01) member is the chairman or vice-chairman or reviewing expert of the selection board and direct assignment board organizing and individuals implementing scientific and technological tasks;

d) One (01) member is a financial expert.

6. The boards and audit team shall operate according to the principles, procedures, and contents stipulated in Articles 10, 11, 12, 13, and 14 of this Circular and shall have two administrative secretaries assisting them.

Article 9. Preparation for council meetings

The administrative secretary is responsible for preparing and sending documents to all council members and appraisal team members or experts (if any) at least five (05) days before the registration file evaluation meeting and three (03) days before the appraisal meeting.

1. Documents serving the registration file evaluation meeting:

a) Decision on establishing the council and the attached list;

b) Extracts from the approved science and technology task catalog;

c) A copy of the original registration file or electronic version of the registration file for participation in selection or direct assignment;

d) Task review forms for science and technology tasks according to the Forms in Appendix II issued together with this Circular: research topic (Form B2-2a-NXĐTCN or Form B2-2b-NXĐTXH); project (Form B2-2c-NXDA); program (Form B2-2d-NXĐA);

đ) Other related documents.

2. Documents serving the budget appraisal meeting for science and technology tasks:

a) Explanation by the head of the science and technology task regarding the revised contents accompanied by detailed explanations and budgets;

b) Minutes of the conclusion of the selection council, direct assignment council;

c) Science and technology task appraisal forms according to the Forms in Appendix III issued together with this Circular: research topic/program (Form B3-1a-TĐĐT/A); project (Form B3-1b-TĐDA);

d) Other related documents.

Article 10. Principles of Work and Responsibilities of the Council

1. Principles of work of the council:

a) At least two-thirds of the council members must be present, including the chairman or vice-chairman, two (02) reviewing members, and the scientific secretary;

b) When the administrative secretary has received complete written comments from all council members;

c) The chairman of the council chairs the council meetings. In the absence of the chairman, the vice-chairman is authorized in writing to chair the meeting (the chairman's authorization letter according to Form B2-7-UQ in Appendix II accompanying this Circular);

d) The scientific secretary records the professional opinions of the members and the council conclusions in the minutes and related documents of the council.

2. Responsibilities of council members:

a) Send written comments on each registration file for participation in selection or direct assignment to the council's administrative secretary at least one (01) day before the council's evaluation meeting.

b) Evaluate in a truthful, objective, and fair manner; bear personal responsibility for their evaluation results and collective responsibility for the council's final conclusion. Council members, experts (if any), and the council's administrative secretary have the responsibility to keep confidential information related to the evaluation process of selection or direct assignment files.

c) Study and analyze each content and information declared in the file; comment on strengths and weaknesses and provide an overall assessment of each file according to the specified requirements; write comments - evaluations and explanations for the assessment; score according to the criteria set out in the form.

d) Independently score according to the evaluation criteria groups and scale defined. Before scoring, the council discusses to unify viewpoints and scoring methods for each criterion.

đ) Recommend cost allocation methods to the final product or partial cost allocation for science and technology tasks.

Article 11. Procedure and content of the council's work

1. The administrative secretary reads out the decision to establish the council, the minutes of opening the file, introduces the members of the council and the representatives present.

2. The representative of the leading ministry states the requirements and main contents regarding the selection process and the direct assignment of scientific and technological tasks.

3. The council exchanges and agrees on working principles and elects the scientific secretary of the council.

4. Individuals or organizations registered to participate in the selection or direct assignment to head scientific and technological tasks present a summary before the council about the research outline, propose cost-sharing methods up to the final product or partial cost-sharing, answer questions from council members (if any), and cease to attend further council meetings.

5. The council proceeds to evaluate the applications for selection and direct assignment:

a) Reviewers and council members provide comments and evaluations on each application and compare applications registering for the same (01) scientific and technological task according to the criteria stipulated in Article 12 of this Circular;

b) The scientific secretary reads the written comments of absent members (if any) for the council's consideration and reference;

c) The council discusses and evaluates each application according to the prescribed evaluation criteria. During the discussion, the council may ask questions of the reviewers and council members regarding their comments;

d) The council independently scores each application according to the criteria and grading scale specified in the Model Forms attached as Appendix II of this Circular: topic (Form B2-3a-DGDTCN or Form B2-3b-DGDTXH); project (Form B2-3c-DGDA); proposal (Form B2-3d-DGDA) and votes to score each application through secret ballot;

đ) The council elects a counting board consisting of three (03) members of the council, including the head of the counting board and two (02) members.

6. The administrative secretaries assist the counting board in compiling the voting results of the council members according to the Model Form B2-4-KPDG and rank the evaluated applications with total average scores from highest to lowest according to Model Form 2-5-THKP of Appendix II attached to this Circular.

7. The council publicly announces the scoring and evaluation results and approves the council's minutes, recommending organizations and individuals who have been selected or directly assigned to head scientific and technological tasks:

a) Organizations and individuals recommended by the council as winners are those whose applications have the highest total average scores across all criteria and must achieve at least 70/100 points. None of the criteria can have more than one-third of the attending council members giving zero (0) points;

b) For applications with equal total average scores, the higher score given by the council chair (or the higher score given by the vice-chair authorized in the absence of the chair) is prioritized for ranking purposes.

8. The council discusses to reach consensus on recommendations:

a) Points requiring supplementation and modification in the description of the scientific and technological task, key scientific and technological products with corresponding economic-technical indicators that must be achieved;

b) The number of domestic and foreign experts needed to participate;

c) Cost-sharing methods up to the final product or partial cost-sharing;

d) Attention to points needing correction to perfect the applications of organizations and individuals recommended as winners or directly assigned.

9. The scientific secretary completes the minutes of the meeting according to the Model Form B2-6-BBHĐ attached as Appendix II of this Circular.

Article 12. Evaluation of the application dossier for selecting and directly assigning organizations and individuals to perform scientific and technological tasks

Applications for the selection and direct assignment of organizations and individuals to implement science and technology tasks shall be evaluated and scored out of a maximum of 100 points according to the following criteria and scale:

1. Research topics and technological development projects:

a) General assessment (maximum score 8);

b) Content, research methods, and techniques used (maximum score 24);

c) Scientific and technological products (maximum score 16);

d) The ability to apply products and organizational schemes to implement product applications (maximum score 16);

đ) Feasibility of the organizational implementation plan (maximum score 16);

e) Capacity of the organization and participating individuals (maximum score 20).

2. Social science and humanities research topics:

a) Research objectives (maximum score 4);

b) Overview of research status (maximum score 16);

c) Content and organizational implementation plan (maximum score 24);

d) Approach and research methods (maximum score 12);

đ) Products, benefits of the topic and transfer plans for research results (maximum score 24);

e) Capacity and experience of the implementing organization and individuals (maximum score 20).

3. Topics in other fields, depending on the research content, apply the criteria and scale stipulated in Clause 1 or Clause 2 of this Article.

4. Pilot production projects:

a) General evaluation (maximum score 8);

b) Objectives, content, and implementation plans (maximum score 24);

c) Value of technology (maximum score 16);

d) Project benefits (maximum score 16);

đ) Financial plan (maximum score 20);

e) Implementation capability (maximum score 16).

5. Science project proposal:

a) Research objectives of the project proposal (maximum score 4);

b) Comprehensive review (maximum score 16);

c) Implementation content (maximum score 24);

d) Approach and research methods (maximum score 12);

đ) Project outcomes (maximum score 24);

e) Capacity and experience of the implementing organization and individuals (maximum score 20).

Article 13. Principles of work and responsibilities of the appraisal team

1. Principles of work of the appraisal team:

a) At least 4/5 members of the appraisal team must be present, including a member who is the chairman or vice-chairman or a reviewing expert of the selection council for directly assigning organizations and individuals to perform scientific and technological tasks;

b) The head of the appraisal team shall chair the meeting. In case the head of the appraisal team is absent, the deputy head, authorized as the financial management unit leader, shall chair the meeting.

2. Responsibilities of the appraisal team:

a) Shall bear individual responsibility for their own appraisal results and collective responsibility for the team's final conclusion. Members of the appraisal team, experts (if any), and administrative secretaries have the responsibility to keep confidential information related to the budget appraisal process;

b) Appraise the appropriateness of research contents with the council's conclusions, the budget estimate of the scientific and technological task with the prescribed regulations, economic and technical norms, current state spending standards issued by competent authorities to determine: costs for members performing the task; fees for hiring domestic and foreign experts; support funds for purchasing raw materials, equipment, and other expenses, as well as the necessary time for implementation;

c) The appraisal team discusses collectively to recommend the total budget for implementing the scientific and technological task (including support funds from the state budget and other sources), the implementation period, and the cost allocation method up to the final product or partial cost allocation. They also verify the counterpart budget (outside the state budget) declared by the registering organization for direct assignment.

3. The appraisal team has the responsibility to report in writing to the Minister in charge of the main task and propose solutions for issues exceeding their authority arising during the appraisal of the scientific and technological task when:

a) There is a significant change in the objectives and content of the scientific and technological task compared to the approved decision or the council's conclusion on direct assignment;

b) Disagreement between the appraisal team and the head of the scientific and technological task regarding objectives, content, budget, time, and implementation methods. Clearly stating the opinions of the appraisal team and the head of the task;

c) A member of the appraisal team disagrees with the team's final conclusion and requests to reserve their opinion.

Article 14. Procedure and Content of the Financial Review Team's Work

1. The administrative secretary reads out the decision to establish the financial review team, introduces the members of the financial review team and the representatives attending, and reads the main conclusions of the selection council directly at the session for evaluating the application.

2. The head of the financial review team presents the requirements and main contents regarding the financial review of the science and technology task.

3. The head of the science and technology task presents the contents that have been adopted and revised according to the opinions of the council at the application evaluation session, answers questions from the financial review team members, proposes acceptance of the final product cost-sharing method or partial cost-sharing and discontinuing participation in the financial review team's session.

4. Members of the financial review team who are the chairperson or vice-chairperson or independent expert reviewers of the council provide comments on the research contents of the science and technology task compared to the council's conclusions.

5. Members of the financial review team present their review opinions following the guidance provided in point b and c Clause 2 Article 13.

6. The administrative secretary assists the financial review team in completing the review record according to the templates in Appendix III attached to this Circular: topic/project (Template B3-2a-BBTDDT/A); project (Template B3-2b-BBTDDA) and compile to submit to the Minister of the leading ministry for decision.

Article 15. Approval of Results

1. Before approval, the leading ministry reviews and checks the files. In necessary cases, it may seek the opinions of independent expert consultants as stipulated in Articles 16 and 17 of this Circular or inspect the actual material-technical facilities, human resources, and financial capacity of organizations or individuals proposed to lead the implementation of the science and technology task.

2. Based on the council's conclusions, the financial review team's results, the outcome of the review, the proposals of functional units, or the opinions of independent expert consultants, within ten working days, the administrative secretary is responsible for compiling the files and results to submit to the Minister of the leading ministry for signing the decision approving the leading organization, the task leader, and the funding, implementation methods, and time frame for the science and technology task.

3. The leading organization and the task leader are responsible for revising and perfecting the files according to the council's and financial review team's conclusions within fifteen days (from the date of the decision approving the implementation organization) and send them to the leading ministry to proceed with contract signing, serving as the basis for arranging the implementation plan.

4. Within ten working days from the date of signing the approval decision, the leading ministry is responsible for publicly announcing the selection results, direct assignment, and posting online on its electronic portal for a minimum of sixty days.

Chapter IV

INDEPENDENT EXPERT CONSULTANTS

Article 16. Independent Consultant

1. Independent expert consultants reviewing the science and technology task files must meet the following conditions:

a) They must be experts in the Ministry of Science and Technology's database of science and technology experts;

b) They must have at least ten (10) years of experience working in the same field as the consultancy requested;

c) They must have good moral character and civil conduct capability.

2. The Minister of the leading ministry decides on selecting foreign experts or experts not covered under Clause 1 of this Article as independent expert consultants.

Article 17. Procedures for Soliciting Opinions from Independent Consultants

1. The leading ministry in charge of the task shall organize the solicitation of opinions from at least two (02) independent experts in the following cases:

a) When the selection council does not reach a consensus on the results of the direct assignment of tasks;

b) When the council violates regulations concerning the selection and direct assignment of tasks;

c) When there are complaints or reports related to the activities and conclusions of the council.

2. The task management unit shall be responsible for preparing and sending the following documents to the independent consultant:

a) A letter from the Minister of the leading ministry inviting the independent consultant to evaluate the registration files for the selection and direct assignment;

b) Documents as specified in points c and d, Clause 1, Article 9 of this Circular;

c) Two (02) pre-stamped envelopes clearly marked with the name and address of the recipient, which is the Minister of the leading ministry.

Article 18. Responsibilities of Independent Consultants

1. Analyze, assess, and provide critical comments on the registration files for participating in the selection and direct assignment regarding the content, research objectives, and expected outcomes of the science and technology task, and evaluate the capacity of the leading organization and task leader.

2. Complete the advisory report, keep confidential all evaluation information, and directly send it to the Minister of the leading ministry within the prescribed deadline in a sealed envelope.

3. During the period invited to provide independent advice, they must not contact or exchange information with the leading organization or individuals involved in the direct assignment of science and technology tasks. If violated, the advisory results will be nullified and handled according to the law.

Chapter V

IMPLEMENTATION

Article 19. Retention of Original Files and Management of Information

1. Upon completion of the selection and direct assignment process, financial review of the science and technology task, the administrative secretary of the councils shall compile the documents and submit the original file set (including non-winning files) for storage in accordance with current regulations.

2. Members of the advisory selection council, the direct assignment council, the administrative secretary, and related organizations and individuals must comply with the selection procedures, keep confidential information related to the evaluation and selection process of the leading organization for science and technology tasks.

Article 20. Application Provisions

Ministries, ministerial-level agencies, government-affiliated agencies, provincial people's committees under the central government may apply this Circular or issue separate documents appropriate to the conditions of their ministries, sectors, and localities but not contrary to the basic principles stipulated in this Circular to organize the selection and direct assignment of organizations and individuals to perform science and technology tasks within their scope and authority of management.

Article 21. Effective Date

1. This Circular takes effect from August 1, 2014, and replaces Circular No. 08/2012/TT-BKHCN dated April 2, 2012, on the selection and direct assignment of organizations and individuals to lead national scientific research and technological development projects and experimental production projects, and Circular No. 09/2012/TT-BKHCN dated April 2, 2012, on the selection and direct assignment of organizations and individuals to lead national social science and humanities research tasks issued by the Minister of Science and Technology.

1. This Circular takes effect from November 5, 2014.