Circular No. 10/2019/TT-BKHCN provides regulations on managing scientific and technological tasks under Memorandum of Understanding (MoU).

CIRCULAR

Regarding the management of scientific and technological tasks under the Protocol

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

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. 95/2017/NĐ-CP dated August 16, 2017, 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 International Cooperation Department and the Director of the Legal Affairs Department;

The Minister of Science and Technology issues this Circular on the management of scientific and technological tasks under the Protocol.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the management of scientific and technological tasks under the Protocol (hereinafter referred to as Protocol tasks) as prescribed in point e, Clause 2, Article 25 of 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 (hereinafter referred to as Decree No. 08/2014/NĐ-CP).

Article 2. Applicability

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

Article 3. Explanation of Terms

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

1. Protocol including:

a) Documents agreed upon by Party and State leaders with foreign partners regarding science and technology;

b) Minutes of meetings of intergovernmental committees, committees, and subcommittees for cooperation in science and technology with bilateral and multilateral partners where the Ministry of Science and Technology is designated by the Government as the representative; bilateral and multilateral agreements on cooperation in science and technology signed by the Minister of Science and Technology or his authorized representative with foreign partners in accordance with regulations.

2. Foreign partner including:

a) Agencies and organizations representing countries or territories having cooperative relations in science and technology with Vietnam;

b) Funding partner: Organizations and individuals (agreed upon by the foreign partner as specified in point a, Clause 2 of this Article) providing financial support to implement Protocol tasks with Vietnamese scientific and technological organizations;

c) Implementing partner: Organizations cooperating to implement Protocol tasks with Vietnamese scientific and technological organizations.

3. Managing unit for Protocol tasks is a unit subordinate to the Ministry of Science and Technology assigned the responsibility to manage Protocol tasks.

4. Financial management unit for Protocol tasks is a budgetary unit at level III assisting the Ministry of Science and Technology in managing the use of funds from the state budget and performing activities serving state management to achieve the objectives, contents, and products of Protocol tasks.

5. Tasks under the High-Tech Development Program include: is a unit subordinate to the Ministry of Science and Technology with the function and duty of state management over research and development activities in the field of Protocol tasks.

6. Financial planning management unit is a unit subordinate to the Ministry of Science and Technology with the function and duty of state management over financial planning work for scientific and technological activities.

7. Leading organization is the organization selected to carry out Protocol tasks.

Article 4. General requirements for Protocol tasks

Protocol tasks must meet the criteria for national-level scientific and technological tasks funded by the state budget as prescribed in Clause 1, Article 25 of Decree No. 08/2014/NĐ-CP; ensure the contribution of resources from foreign partners to cooperate in implementing Protocol tasks; promote cooperation in science and technology with foreign partners and meet one of Vietnam's requirements as follows:

1. Address urgent issues in science and technology.

2. Seek, decode, and aim to master or create new, advanced technologies with breakthrough characteristics, contributing to creating new products and industries.

3. Enhance capacity and efficiency in science and technology management.

4. Promote cooperation with foreign partners with special traditional relations.

Article 5. Task Code of the Protocol and Related Forms

The Task Code of the Protocol in the Decision of the Minister of Science and Technology approving the leading organization, the principal individual, budget, and implementation time for the Protocol Task is defined as follows: NĐT/xx/yy/zz, where:

1. NĐT is the code symbol of the Protocol Task.

2. xx is the abbreviated name code of the partner country/territory implementing the Protocol Task, as specified according to ISO 3166 standard.

3. yy is the number code indicating the year (the last two digits) approved by the Ministry of Science and Technology for the leading organization, principal individual, budget, and implementation time for the Protocol Task.

4. zz is the number code indicating the serial number of the Protocol Task approved in the year.

Chapter II

PROPOSAL AND DETERMINATION OF THE PROTOCOL TASK

Article 6. Construction of Proposal for Ordering the Protocol Task

1. Basis for constructing the proposal for ordering the Protocol Task:

a) Requirements from Party and State leadership;

b) Industry, sector, and local development strategies and plans;

c) Science and technology strategy, direction, goals, and main science and technology tasks for the five-year or ten-year period;

d) Proposals from ministries, agencies at the level of ministries, government agencies, provincial people's committees under the central government, and other central state agencies;

đ) Proposals from foreign partners with special traditional relations.

2. Procedure for constructing the proposal for ordering the Protocol Task:

a) Exchange with foreign partners: The Ministry of Science and Technology initially exchanges with foreign partners on priority cooperation issues, requirements, and cooperation plans for the Protocol Task;

b) Constructing the proposal for ordering:

- The Ministry of Science and Technology organizes an Advisory Council to determine the Protocol Task (hereinafter referred to as the Determination Council), compiling a list of priority cooperation issues, and requirements for the Protocol Task;

- Based on the results of the Determination Council's work, the Ministry of Science and Technology negotiates and agrees with foreign partners on priority cooperation issues, requirements, and cooperation plans for the Protocol Task, and agrees on the content of the Notification for selecting the Protocol Task.

Article 7. Determination Council

1. The Minister of Science and Technology decides to establish the Determination Council. The Determination Council consists of 05 to 09 members, including the Chairman, Vice-Chairman, and members who are experts and managers in relevant fields. In exceptional cases, the Minister of Science and Technology may decide on a different number of members for the Determination Council than stipulated herein.

2. The Ministry of Science and Technology appoints 01 administrative secretary to prepare documents and organize council meetings. The administrative secretary is responsible for preparing and sending documents to all council members at least 03 working days before the council meeting.

3. Documents for the Determination Council include:

a) Decision establishing the Determination Council;

b) Protocol;

c) Relevant documents prescribed in Clause 1 of Article 6 of this Circular;

d) Council member opinion record form (Form No. 1 attached to this Circular);

đ) Minutes of the Determination Council meeting (Form No. 2 attached to this Circular);

e) Other related documents.

Article 8. Method of Operation of the Task Determination Council

1. The Council shall only operate when at least 2/3 of its members are present, including the Chairperson or the Vice-Chairperson authorized to act on behalf of the Chairperson.

2. Members of the Task Determination Council shall be responsible for advising the Minister of Science and Technology on:

a) Priority issues for cooperation in implementing the Protocol tasks;

b) Specific requirements for Protocol tasks (appropriate to each foreign partner);

c) Requirements for products related to Protocol tasks.

3. The Task Determination Council operates under the principle of democratic centralism. Conclusions of the Council are adopted when more than 3/4 of the members present agree through direct voting.

Article 9. Procedure for Operating the Task Determination Council

1. The administrative secretary announces the Decision establishing the Council.

2. A representative from the Ministry of Science and Technology summarizes the procedure and method of operation of the Council.

3. The Chairperson presides over the meeting. In the absence of the Chairperson, the Chairperson authorizes the Vice-Chairperson in writing to preside over the meeting. The Council elects one member to serve as the scientific secretary to record discussions and prepare the Minutes of the Meeting according to Model No. 2 of the Appendix issued together with this Circular.

4. Members of the Council provide opinions on priority cooperation issues and requirements for Protocol tasks participating in selection according to Model No. 1 of the Appendix issued together with this Circular.

5. The Council discusses and votes to approve the list of priority cooperation issues for Protocol tasks, specific requirements, and product requirements for Protocol tasks.

Article 10. Announcement for Selection of Protocol Tasks

1. The Ministry of Science and Technology reviews the procedure and process of the Task Determination Council's operations and considers the advisory opinions of the Task Determination Council.

2. Based on the results of the Task Determination Council's work, the Ministry of Science and Technology negotiates with foreign partners and agrees on the content and time for jointly issuing the announcement for selecting Protocol tasks. The announcement for selecting Protocol tasks is publicly posted on the Ministry of Science and Technology’s electronic portal for a minimum period of 60 days to allow organizations and individuals participating in the selection to prepare registration documents.

Chapter III

SELECTION AND APPROVAL OF PROTOCOL TASKS

Article 11. Selection of Protocol Tasks

1. Principles for selection and conditions for participation in the selection of Protocol tasks are implemented in accordance with the provisions of Clause 1 and Clause 2 of Article 3 and Article 4 of Circular No. 08/2017/TT-BKHCN dated June 26, 2017, issued by the Minister of Science and Technology on the selection and direct assignment of organizations and individuals to implement national science and technology tasks funded by state budget (hereinafter referred to as Circular No. 08/2017/TT-BKHCN), and the following principles and conditions:

a) Not to select tasks with overlapping content with those already being or have been implemented;

b) Not to select tasks that do not comply with the announcement for selecting Protocol tasks.

2. Documents for registering to participate in the selection of Protocol tasks include:

a) Original detailed description of the Protocol task (Model No. 3 of the Appendix issued together with this Circular);

b) Copy of the decision to establish or certificate of registration for scientific and technological activities of the organization applying to be the main organizer;

c) Copy of the agreement between the organization applying to be the main organizer of the Protocol task in Vietnam and the foreign partner, specifying: the main contents to be carried out by both parties; planned schedule; principles for sharing research results and anticipated contributions of both parties, including the value of the foreign partner's contribution, which includes financial resources, human resources, infrastructure, and other necessary resources (hereinafter referred to as the agreement);

d) Original commitment of the organization applying to be the main organizer to implement the Protocol task (Model No. 4 of the Appendix issued together with this Circular);

đ) Original curriculum vitae of the individual applying to be the main organizer and copy of the curriculum vitae of the individuals applying to carry out the main Protocol task (Model No. 5 of the Appendix issued together with this Circular);

e) Other relevant documents.

Article 12. Submission of Registration Documents for Selection to Implement Protocol Tasks

1. The registration documents for selection shall be presented and printed on A4 paper size, using Vietnamese font from the Unicode character set according to the national standard TCVN 6909:2001, with font size 14. All documents must be packaged, sealed, and clearly marked on the outside as follows:

a) Registration documents for selection under the Protocol Task Selection Announcement (specifying the full name of the Protocol Task Selection Announcement);

b) Name of the proposed Protocol Task for registration in the selection;

c) Name and address of the registering organization, and the head of the task;

d) List of documents included in the registration package.

2. The registration documents for selection shall be submitted online, directly, or through postal services to the Ministry of Science and Technology. The method and deadline for submission of documents are stipulated in the Protocol Task Selection Announcement of the Ministry of Science and Technology published on the Ministry's electronic portal.

3. The date of receipt of the documents is the date stamped by the post office upon delivery (in case of submission through postal service) or the stamp received by the Ministry of Science and Technology (in case of direct submission).

4. Within the specified period for submitting documents, organizations and individuals who have registered for selection may withdraw their submitted documents to replace them with new ones or supplement the submitted documents.

Replacing or supplementing documents must be completed before the deadline for submission as prescribed; additional documents submitted after the deadline will not be considered part of the submitted package.

Article 13. Opening Registration Documents and Confirming Their Validity for Selection to Implement Protocol Tasks

Upon completion of the registration document submission period, the Ministry of Science and Technology shall be responsible for:

1. Within five working days, opening, inspecting, and confirming the completeness and validity of the documents in the presence of representatives from relevant units; the results of the document opening shall be recorded in the Minutes according to Model No. 6 of the Appendix issued together with this Circular.

2. Coordinating with foreign partners to unify the list of documents received by both parties; checking information related to Clause 1, Article 11 of this Circular to finalize the list of documents for selection.

Article 14. Selection Council for Protocol Tasks

1. The Minister of Science and Technology shall establish Selection Advisory Councils for Protocol Tasks (hereinafter referred to as the Selection Council) in various fields.

The Ministry of Science and Technology shall appoint two administrative secretaries to assist the Council. Administrative secretaries are responsible for preparing and sending documents to all Council members at least five working days prior to the Council meeting.

2. The materials for the Selection Council include:

a) Decision on the establishment of the Selection Council and the Review Team;

b) Results of information searches related to Clause 1, Article 11 of this Circular;

c) Protocol Task Selection Announcement;

d) Registration documents for selection as prescribed in Clause 2, Article 11 of this Circular;

đ) Protocol Task Selection Evaluation Form (Model No. 7 of the Appendix issued together with this Circular);

e) Protocol Task Selection Assessment Form (Model No. 8 of the Appendix issued together with this Circular);

g) Minutes of the Protocol Task Selection Voting Assessment (Model No. 9 of the Appendix issued together with this Circular);

h) Summary Table of Protocol Task Selection Assessment Results (Model No. 10 of the Appendix issued together with this Circular);

i) Minutes of the Protocol Task Selection Council Meeting (Model No. 11 of the Appendix issued together with this Circular).

3. Composition of the Selection Council:

a) The Selection Council consists of seven to nine members, including the Chairperson, Vice-Chairperson, two opposing experts (for each task), and other members. Members of the Council are scientific and technological experts, economic experts, or experienced management officials from industries and fields expected to benefit from the Protocol Task results (not exceeding one-third of the total number of Council members). Opposing experts are specialists with experience and deep expertise in the relevant field of the task.

In special cases, the Minister of Science and Technology may decide on a different number of Council members than stipulated here.

b) Individuals in the following situations shall not be members of the Council:

- Individuals who have registered as the head or participants in the Protocol Task;

- Individuals belonging to the organization that has registered as the main organizer of the Protocol Task;

- Individuals belonging to the organization that collaborates in implementing the Protocol Task.

Article 15. Principles, responsibilities, procedures, and contents of work of the Selection Council

1. Principles of the Council's work:

a) The Council shall convene only when at least two-thirds of its members are present, including the Chairman or the Vice-Chairman authorized to act on behalf of the Chairman and two opposing members for each task;

b) The Chairman of the Council shall preside over the Council's meeting. In case the Chairman is absent, he may authorize in writing the Vice-Chairman to preside over the meeting.

2. Responsibilities of Council members:

a) To evaluate honestly, objectively, and fairly; to be individually responsible for their evaluation results and collectively responsible for the Council's final conclusion. Council members must keep confidential information related to the selection process;

b) To study and analyze each content and information in the dossier; to comment and evaluate each dossier according to requirements; to comment, evaluate, and provide explanations for the evaluation process.

3. In necessary cases, the Council may recommend the Ministry of Science and Technology to establish a team to inspect the material and technical facilities, human resources, and financial capacity of the organization registered as the main implementer of the Protocol task.

4. Procedures and contents of the Council's work:

a) The administrative secretary reads the decision establishing the Council, the Minutes of opening the dossier, introduces the Council members and attending representatives;

b) A representative from the Ministry of Science and Technology states the requirements and main contents regarding the selection of Protocol tasks;

c) The Council agrees on the working procedure and elects the scientific secretary of the Council;

d) The Council proceeds to evaluate the submitted dossiers:

- Opposing members and Council members present their comments and evaluations on each dossier;

- The scientific secretary reads the written comments of absent members (if any) for the Council's reference;

đ) For dossiers that meet the selection announcement requirements, the Council evaluates and scores each dossier according to Model No. 8 of the Appendix issued together with this Circular. A valid evaluation form is one that is completed in accordance with regulations. The Council scores a maximum of 100 points based on evaluation criteria and the following scale:

- Scientific value, up to 35 points;

- International cooperation value, up to 30 points;

- Result value, feasibility, and applicability, up to 35 points;

e) The Council elects a ballot counting committee consisting of three members of the Council, including the Head and two members. The administrative secretary assists the ballot counting committee in compiling the voting results of the Council members according to Model No. 9 of the Appendix issued together with this Circular; compiles the evaluation results of the dossiers according to the average total score from high to low according to Model No. 10 of the Appendix issued together with this Circular, and the following conditions:

- Dossiers meeting the professional requirements must have an average total score of at least 70 out of 100 points; none of the criteria should be rated zero points (0 points) by one-third of the present Council members; the international cooperation value score must be at least 20 out of 30 points; the scientific value score must be at least 25 out of 35 points;

- For dossiers with the same average total score, the dossier with a higher international cooperation value score will be ranked higher. If the dossiers have the same average total score and the same international cooperation value score, the dossier given a higher score by the Chairman (or the authorized Vice-Chairman) will be ranked higher;

g) The Council approves the Minutes of the meeting, the list of dossiers not meeting the conditions, and the ranking list of qualified dossiers in priority order. For qualified dossiers proposed for implementation, the Council recommends any necessary supplementary or revised contents (if any).

5. The Ministry of Science and Technology reviews the Council's working procedures and considers the Council's advisory opinions.

In necessary cases, the Ministry of Science and Technology may seek independent expert advice from domestic and foreign experts or establish another Selection Council. The process of seeking independent expert advice is carried out in accordance with Articles 18, 19, and 20 of Circular No. 08/2017/TT-BKHCN.

6. Based on the Selection Council's conclusions or independent expert opinions, the Ministry of Science and Technology reviews and negotiates with foreign partners to agree on the list of joint tasks. Within a maximum period of seven days from the negotiation results with foreign partners, the Ministry of Science and Technology notifies in writing the organizations registered as the main implementers of the selected Protocol tasks and the tasks not selected.

Article 16. Examination of Budget for Protocol Task

1. Within thirty days from the date of receiving the notification from the Ministry of Science and Technology, the leading organization of the Protocol task shall be responsible for completing the dossier to be submitted to the Ministry of Science and Technology for examination of the budget for implementing the task. If the Ministry of Science and Technology does not receive the completed dossier of the leading organization within the aforementioned period, it will notify the suspension of the approval procedures for the task.

2. The dossier for examination includes:

a) The original detailed description of the task revised and perfected according to the opinions of the Selection Council and the explanation document of the task leader regarding the adoption of the Selection Council's comments, confirmed by the session chairperson and two reviewers;

b) The budget estimate and explanations of expenses according to Appendix 1 and Appendix 2 of Model No. 3 of the Appendix issued together with this Circular;

c) The original quotations of three equipment and raw materials needed to purchase, services needed to lease for implementing the task (the quotation time does not exceed thirty days from the submission deadline), proof documents of other financial sources (if any);

d) The plan to mobilize counterpart funds for tasks with counterpart funds. The original specific documents required for each case in the plan to mobilize counterpart funds are as follows:

- For cases using self-owned capital: Proof documents showing that the leading organization can mobilize self-owned capital to implement the task;

- For cases mobilizing capital from individuals/organizations or contributions from owners: Legal commitments and confirmation documents about the capital contribution of individuals/organizations/owners to the leading organization to implement the task;

- For cases borrowing from credit organizations: Commitment letters for loans from credit organizations to implement the task or valid credit limit contracts of credit organizations with the leading organization. Before signing the task implementation contract, if the budget examination team requests, the leading organization supplements the Credit Contract for the task with a total contract value ensuring the counterpart funds for task implementation;

đ) The original document confirming the agreement to participate in the Protocol task of the cooperating organizations (if any);

e) The original or certified copy of the agreement document of the leading organization of the Protocol task in Vietnam and the foreign partner.

3. Within five working days from the date of obtaining results from discussions with foreign partners on the budget and completed examination dossier, the Ministry of Science and Technology will examine the content and budget for implementing the task. The Ministry of Science and Technology supports the budget up to a maximum of 2.5 times the contributed resources of the foreign partner, except in cases where the foreign partner has a special traditional relationship or other cases decided by the Minister of Science and Technology.

4. The Protocol Task Budget Examination Team (hereinafter referred to as the Examination Team) shall be established by the Minister of Science and Technology. The Examination Team consists of five members, including: The Team Leader is the head of the unit managing the Protocol task; The Deputy Leader is the head of the unit managing the budget for the Protocol task; One member is a representative of the professional management unit; One member is a representative of the financial planning management unit; and one member is the Chairman or Vice-Chairman or reviewer of the Selection Council.

In special cases, the Minister of Science and Technology may decide the number of members of the Examination Team differently from this provision.

The principles, responsibilities, and procedures for work of the Protocol Task Budget Examination Team shall be implemented according to the provisions of Article 13 and Clauses 1, 2, 4, 5, and 7 of Article 14 of Circular No. 08/2017/TT-BKHCN.

5. The Ministry of Science and Technology assigns two administrative secretaries to assist the Examination Team. Administrative secretaries are responsible for preparing and sending documents to all members of the Examination Team at least five working days before the meeting.

Documents for the Examination Team include:

a) Decision on the establishment of the Selection Council and the Review Team;

b) Minutes of the Selection Council meeting;

c) Foreign partner’s commitment to provide funding (original, accompanied by a Vietnamese translation);

d) The examination dossier stipulated in Clause 2 of Article 16 of this Circular;

đ) The Protocol Task Budget Examination Form (Model No. 12 of the Appendix issued together with this Circular);

e) Minutes of the Protocol Task Budget Examination (Model No. 13 of the Appendix issued together with this Circular).

6. In necessary cases, the Ministry of Science and Technology may seek advice from independent domestic or foreign experts or establish another Examination Team. Seeking advice from independent experts shall be carried out according to the provisions of Articles 18, 19, and 20 of Circular No. 08/2017/TT-BKHCN.

Article 17. Approval of the Protocol Task

1. Within seven days from the date of the conclusion of the Appraisal Team's meeting, the Ministry of Science and Technology shall notify in writing to the leading organization and the head of the task the contents of the Appraisal Minutes for supplementation and revision (if necessary).

Within thirty days from the date of receipt of the notification from the Ministry of Science and Technology, the leading organization and the head of the task shall be responsible for supplementing and perfecting the protocol task description according to the Appraisal Team's comments, along with a written explanation from the task head regarding the adoption of the Appraisal Team's opinions sent back to the Ministry of Science and Technology. If the Ministry of Science and Technology does not receive the completed file from the leading organization and the task head within the aforementioned period, it will notify the cessation of the approval procedures for the task.

2. Based on the conclusions of the Appraisal Team or the independent consultant's opinion and the perfected protocol task description according to the Appraisal Team's meeting minutes, the managing unit of the protocol task shall submit to the Minister of Science and Technology for signing the Decision approving the protocol task, the leading organization, the individual head, funding, and implementation time of the protocol task.

The files submitted for approval include:

a) The original perfected protocol task description according to the Appraisal Team's conclusions;

b) Original review and evaluation forms of the Selection Committee members and the Appraisal Team;

c) Original decision on the establishment of the Selection Committee and the Appraisal Team; minutes of the Selection Committee and the Appraisal Team meetings;

d) Draft decision on the approval of the protocol task, the leading organization, the individual head, funding, and implementation time of the protocol task.

Chapter IV

IMPLEMENTATION OF THE PROTOCOL TASK

The Ministry of Science and Technology shall enter into a contract with the leading organization to implement the approved protocol task according to the Contract Model prescribed in Circular No. 05/2014/TT-BKHCN dated April 10, 2014, issued by the Minister of Science and Technology on "Contract Models for Scientific Research and Technological Development."

Article 19. Periodic Inspection, Evaluation, Adjustment, and Termination of Contracts

1. The procedures and steps for periodic inspection, evaluation, adjustment, and termination of contracts for protocol tasks shall be carried out in accordance with the provisions of Circular No. 04/2015/TT-BKHCN dated March 11, 2015, issued by the Minister of Science and Technology on the inspection, evaluation, adjustment, and termination of contracts during the implementation of national-level scientific and technological tasks funded by the state budget (hereinafter referred to as Circular No. 04/2015/TT-BKHCN).

2. The files for periodic inspection and evaluation of protocol tasks include:

a) Documents as stipulated in Clause 1, Article 8 of Circular No. 04/2015/TT-BKHCN;

b) The original international cooperation report of the protocol task (Model No. 14 attached to this Circular).

3. Any requests for adjustments related to foreign partners must have a confirmation letter from the foreign task head.

4. The files for terminating the contract to implement the protocol task include:

a) Documents as stipulated in Clause 2, Article 22 of Circular No. 04/2015/TT-BKHCN;

b) A copy of the confirmation letter from the foreign partner (in cases due to errors on the part of the foreign side);

c) The original notice from the leading organization in Vietnam to the foreign partner about the termination of the contract (in cases due to errors on the part of the Vietnamese side).

Article 20. Evaluation, acceptance, liquidation of contracts and recognition of results of implementing the Protocol Task

2. The dossier for evaluating and accepting the Protocol Task includes:

a) Documents as prescribed in Article 6 of Circular No. 11/2014/TT-BKHCN;

b) International cooperation report of the Protocol Task (Model No. 14 attached hereto);

c) Evaluation report of the implementing partner on the process and results of cooperation, and future prospects for cooperation.

Article 21. Handling Results and Assets, Registration, Preservation, Ownership and Use of Results After Completion of the Protocol Task

1. The handling of assets, transfer of ownership and use rights of the results of the Protocol Task shall be carried out in accordance with the provisions of Decree No. 70/2018/NĐ-CP dated May 15, 2018, issued by the Government on the management and use of assets formed through the implementation of science and technology tasks funded by state capital, and other current relevant regulations.

2. The registration and preservation of the results of the Protocol Task shall be carried out in accordance with the provisions of Circular No. 14/2014/TT-BKHCN dated June 11, 2014, issued by the Minister of Science and Technology on the collection, registration, preservation, and publication of information on science and technology tasks.

Article 22. Budget for Implementing the Protocol Task

1. The state budget funds for implementing the Protocol Task are balanced in the annual state budget for scientific and technological affairs, allocated to the Ministry of Science and Technology. Funds from other sources are implemented according to current regulations.

2. The financial mechanism for implementing the Protocol Task shall be carried out in accordance with the guidance documents of the competent authority and other related documents concerning the management and implementation of science and technology tasks using state budget.

Chapter V

MANAGEMENT AND IMPLEMENTATION RESPONSIBILITIES OF THE PROTOCOL TASK

Article 23. Responsibilities of the Ministry of Science and Technology

1. Organizing the determination of tasks; selecting; reviewing; approving the leading organization, principal individual, budget, and time frame for implementing the Protocol Task; signing contracts for implementing the task; periodically or randomly inspecting the implementation of the task according to signed contracts; handling issues related to contract adjustments; evaluating, accepting, recognizing results, and liquidating contracts for implementing the Protocol Task.

2. Consolidating and balancing the management budget and the implementation budget for the Protocol Task to allocate into the annual state budget plan for scientific and technological affairs; disbursing and settling accounts for the budget implementation of the Protocol Task in accordance with the provisions of the contract.

Article 24. Responsibilities of the Leading Organization

1. Building and perfecting the selection and review dossier for the Protocol Task in accordance with the regulations.

2. Signing the contract for implementing the Protocol Task with the Ministry of Science and Technology; being responsible for organizing the implementation, management, exploitation, and transfer of the results of the task, and organizing the registration of intellectual property rights protection for the results of the task in accordance with the law.

3. Periodically reporting the situation and results of the task to the Ministry of Science and Technology; presenting arising issues, proposing solutions, and reporting to the Ministry of Science and Technology.

4. Managing and using the budget for its intended purpose effectively; implementing reports and settlement of the budget of the task in accordance with the regulations; summarizing and reporting to the Ministry of Science and Technology on the allocation, use, and settlement of the budget annually and final settlement upon completion of the task.

5. Leading the organization of self-evaluation of the results of implementing the Protocol Task in accordance with Circular No. 11/2014/TT-BKHCN.

Article 25. Responsibilities of the Head of the Protocol Task

1. Organize the implementation and be responsible for the scientific value, technological level, and effectiveness of the Protocol Task; have plans to apply results or commercialize products from the Protocol Task.

2. Manage and use funds for their intended purpose effectively; implement reporting and settlement of funds for the Protocol Task in accordance with regulations.

3. Propose and recommend to the main organizing body of the Protocol Task on necessary adjustments during the implementation of the Protocol Task (if any).

4. Coordinate with the main organizing body to register, submit, transfer results and products of the Protocol Task; register intellectual property rights protection in accordance with the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 26. Effective date

1. This Circular takes effect from December 13, 2019, and replaces Circular No. 12/2014/TT-BKHCN dated May 30, 2014, of the Minister of Science and Technology on managing scientific and technological tasks under the Protocol (hereinafter referred to as Circular No. 12/2014/TT-BKHCN).

2. In cases where the referenced documents in this Circular are amended, they shall be implemented according to the new documents.

Article 27. Transitional Provisions

Notifications of the Ministry of Science and Technology on cooperation orientations, priority contents agreed with foreign partners, orders, and Protocol Tasks received, processed, and approved before this Circular takes effect shall continue to be implemented in accordance with Circular No. 12/2014/TT-BKHCN.

Article 28. Implementation Organization

1. Heads of units under the Ministry, heads of agencies and organizations, and individuals related thereto are responsible for implementing this Circular.

2. During the implementation process, if there are difficulties, organizations and individuals shall provide written comments to the Ministry of Science and Technology for review and adjustment./.