Circular No. 11/2013/TT-BKHCN guiding the management of science and technology projects

CIRCULAR

Guidelines for managing science and technology projects

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

Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Considering the proposals of the Director of the Department of Science and Technology for Economic and Technical Sectors, and the Director of the Legal Department;

The Minister of Science and Technology guides the construction and management of science and technology projects using state budget funds.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the construction and management of science and technology projects using state budget funds aimed at resolving scientific and technological issues serving the production of key, mainstay, priority, and spearhead products approved by ministries, sectors, provincial People's Committees under the central government, or the Prime Minister.

Article 2. This Circular applies to agencies, organizations, and individuals participating in implementing and managing science and technology projects.

Article 2. Interpretation of Terms

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

Point 1. Science and technology project (hereinafter referred to as "KH&CN Project"): is a type of science and technology task including several research science and technology topics and experimental production projects (hereinafter referred to as tasks within the KH&CN Project) organically and synchronously connected, carried out within a specific period, aimed at resolving major scientific and technological issues serving the production of key, mainstay, priority, and spearhead products that significantly enhance the technological level of a sector or field and have a significant impact on national economic and social development.

Point 2. The supervising agency of the KH&CN Project's leading organization (hereinafter referred to as "Supervising Agency of the KH&CN Project"): is the ministry, sector, or provincial People's Committee directly managing the leading organization of the science and technology project.

Point 3. The project management unit is the entity assigned by the Supervising Agency of the KH&CN Project to manage the KH&CN Projects.

Point 4. The leading organization of the KH&CN Project is a business or science and technology organization with functions, tasks, and fields of operation suitable for researching or producing key, mainstay, priority, and spearhead products.

Article 3. Sources forming KH&CN Projects

KH&CN Projects are formed from the following sources:

Point 1. Orders placed based on proposals from ministries and sectors after considering and summarizing the needs from businesses and science and technology organizations to address urgent scientific and technological issues to serve the plan for developing key, mainstay, priority, and spearhead product production of ministries and sectors.

Point 2. Orders placed based on proposals from provincial People's Committees after considering and summarizing the needs from businesses and science and technology organizations to address urgent scientific and technological issues to serve the plan for developing key, mainstay, priority, and spearhead product production of localities.

Article 4. Criteria for determining KH&CN Projects

KH&CN Projects must meet the following criteria:

Point 1. Addressing scientific and technological issues directly serving the investment project for producing key, mainstay, priority, and spearhead products approved by ministries, sectors, provincial People's Committees under the central government, or the Prime Minister.

Point 2. The results of the KH&CN Project must be applied and improve the economic efficiency of the investment project for production; have long-term implications for the development of science and technology in the sector or field.

Point 3. Feasibility:

Subpoint a) Consistent with domestic scientific and technological capabilities;

Subpoint b) Ensuring financial mobilization plans, where non-budgetary financial sources must be confirmed by financial institutions, credit organizations, and funds;

Subpoint c) The implementation schedule of the KH&CN Project must align with the implementation schedule of the production investment project and the socio-economic development program; the implementation period should not exceed five years.

Article 5. Requirements for the Leading Organization of the Science and Technology Project

1. The leading organization of a Science and Technology Project must meet the following requirements:

a) Assigned by the Managing Agency of the Science and Technology Project to lead or cooperate in implementing plans for economic and social development, investment projects for producing key products or groups of priority products, core products, or spearhead products of Ministries, sectors, or localities;

b) Having legal personality, sufficient capacity in terms of material infrastructure, finance, human resources, and the ability to conduct research, apply results to production;

c) Committed by the Leading Organization of the investment production project or economic and social development plan regarding funding for the Science and Technology Project, applying its results, and being responsible for applying and transferring the results of the Science and Technology Project to the investment production project or economic and social development plan.

2. The head of the Science and Technology Project is the leader of the Leading Organization of the Science and Technology Project, having sufficient organizational capacity to implement the Science and Technology Project.

In special cases, this shall be decided by the Head of the Managing Agency.

Article 6. Requirements for Organizations Leading Tasks within the Science and Technology Project

Organizations leading tasks within the Science and Technology Project must meet the following requirements:

1. Having legal personality, with functions suitable for the field of science and technology of the Science and Technology Project.

2. Having sufficient capacity in terms of material infrastructure, finance, human resources, and the ability to coordinate and conduct research to successfully carry out tasks within the Science and Technology Project.

3. Submitting a registration form to undertake tasks within the Science and Technology Project to the Leading Organization of the Science and Technology Project and obtaining approval from the Leading Organization of the Science and Technology Project.

Chapter II

PROCEDURES FOR BUILDING SCIENCE AND TECHNOLOGY PROJECTS

Article 7. Determining the List of Science and Technology Projects

1. Annually, the Ministry of Science and Technology announces and receives proposals for ordering Science and Technology Projects from Ministries, sectors, People's Committees of provinces and centrally-run cities according to the model of the proposed Science and Technology Project order list (model B1-ĐX-DAKHCN).

2. Based on the criteria for determining Science and Technology Projects stipulated in Article 4 of this Circular, based on the proposals of the Managing Agencies of Science and Technology Projects, the Ministry of Science and Technology compiles a preliminary list of Science and Technology Projects and tasks within Science and Technology Projects planned for implementation in the annual plan (model B2-TH-DAKHCN).

3. The Ministry of Science and Technology establishes a State-level Science and Technology Advisory Council to advise on determining the list of Science and Technology Projects and tasks within Science and Technology Projects (hereinafter referred to as the Task Advisory Council) based on the preliminary list of Science and Technology Projects mentioned in Clause 2 of this Article.

The Task Advisory Council operates in accordance with the current regulations of the Ministry of Science and Technology on determining state-level science and technology tasks.

4. Based on the results of the Science and Technology Advisory Council, the Ministry of Science and Technology issues a document seeking opinions from the Managing Agencies of Science and Technology Projects on the list of Science and Technology Projects and the list of tasks within Science and Technology Projects including names, objectives, expected products, timelines, and methods of selection or direct assignment (with proposed Leading Organizations) to undertake tasks within Science and Technology Projects.

5. Based on the unified written opinions of the Managing Agencies of Science and Technology Projects, the Ministry of Science and Technology approves the List of Science and Technology Projects and the List of tasks within Science and Technology Projects.

Article 8. Selection and direct assignment of organizations and individuals responsible for tasks under the Science and Technology Project

1. Construction of the General Description of the Science and Technology Project and tasks under the Science and Technology Project:

a) For tasks under the Science and Technology Project: Based on the Decision approving the list of tasks under the Science and Technology Project of the Ministry of Science and Technology, the organization expected to be the main organizer (in the case of direct assignment) or registering to be the main organizer (in the case of selection) of the tasks under the Science and Technology Project shall construct the descriptions of the tasks under the Science and Technology Project according to the current regulations of the Ministry of Science and Technology on the selection and direct assignment of organizations and individuals responsible for implementing scientific research and technological development topics, and state-level experimental production projects, and send them to the Main Organizer of the Science and Technology Project.

b) For the General Description of the Science and Technology Project: On the basis of the descriptions of the tasks under the Science and Technology Project, the Main Organizer of the Science and Technology Project shall construct the General Description of the Science and Technology Project (model B3-TMTQ-DAKHCN) and send it to the Project Management Agency and the Ministry of Science and Technology.

2. The selection and direct assignment of organizations and individuals responsible for tasks under the Science and Technology Project shall be carried out according to the current regulations of the Ministry of Science and Technology on the selection and direct assignment of organizations and individuals responsible for implementing scientific research and technological development topics, and state-level experimental production projects.

3. Authority to organize the selection and direct assignment, and approval of successful candidates for organizations and individuals responsible for tasks under the Science and Technology Project.

a) For Science and Technology Projects managed by Ministries and sectors as the Project Management Agency: The ministries and sectors shall implement this in coordination with the Ministry of Science and Technology.

b) For Science and Technology Projects managed by Provincial People's Committees or Municipal People's Committees directly under the Central Government as the Project Management Agency: The Ministry of Science and Technology shall implement this in coordination with the Provincial People's Committee or Municipal People's Committee directly under the Central Government.

4. In cases where necessary, the Advisory Council on Science and Technology may conduct on-site inspections of the capabilities and related issues of the Main Organizer and collaborating organizations involved in tasks under the Science and Technology Project.

5. Based on the results of the approval of successful candidates, the Main Organizer and individuals responsible for tasks under the Science and Technology Project shall have the responsibility to complete the descriptions of the tasks and submit them to the Project Management Agency and the Ministry of Science and Technology.

Article 9. Review and Approval of Budgets for the Science and Technology Project and Tasks Under the Science and Technology Project

1. The Ministry of Science and Technology shall lead and coordinate with the Project Management Agency to organize the review and approval of budgets and implementation schedules for the Science and Technology Project and tasks under the Science and Technology Project.

2. Organizations and individuals responsible for tasks under the Science and Technology Project shall complete the descriptions of their tasks based on the results of the content, budget, and schedule reviews and submit them to the Main Organizer of the Science and Technology Project, the Project Management Agency, and the Ministry of Science and Technology.

3. The Main Organizer of the Science and Technology Project shall complete the General Description of the Science and Technology Project based on the results of the content, budget, and schedule reviews of the tasks under the Science and Technology Project and submit it to the Project Management Agency and the Ministry of Science and Technology.

4. The review of the Science and Technology Project and tasks under the Science and Technology Project shall be conducted according to current regulations and guidelines for reviewing the content, budget, and schedule of state-level science and technology tasks issued by the Ministry of Science and Technology.

Article 10. Approval of the General Description of the Science and Technology Project

The Ministry of Science and Technology shall approve the General Description of the Science and Technology Project based on the unified written opinions of the Project Management Agency. The approval decision of the Minister of Science and Technology serves as the legal basis for signing science and technology contracts to implement the Science and Technology Project.

Chapter III

RESPONSIBILITIES FOR MANAGING SCIENCE AND TECHNOLOGY PROJECTS

Article 11. Responsibilities of the Leading Organization of Tasks within the Science and Technology Project

1. To develop and perfect the Task Description within the assigned Science and Technology Project.

2. To sign a science and technology contract (as party B) with the Leading and Principal Organization of the Science and Technology Project.

3. To ensure material conditions, financial resources, human resources, coordination capabilities, and research implementation to successfully carry out the assigned tasks within the Science and Technology Project according to the commitments in the science and technology contract.

4. To be subject to management and supervision regarding progress and content by the Leading and Principal Organization of the Science and Technology Project.

5. To fully comply with regular and extraordinary reporting requirements on the implementation status of the assigned tasks and to report the final settlement of funds for these tasks to the Leading Organization of the Science and Technology Project.

6. To organize the basic-level evaluation and acceptance of scientific and technological tasks assigned to lead according to the Decision establishing the Evaluation Board of the Leading Organization of the Science and Technology Project.

Article 12. Responsibilities of the Leading Organization of the Science and Technology Project

1. To propose the Science and Technology Project and the tasks, leading organizations, and principal individuals responsible for implementing the tasks within the Science and Technology Project.

2. To develop the General Description of the Science and Technology Project.

3. To coordinate with the Ministry of Science and Technology and the Project Management Agency in selecting, directly assigning leading organizations and principal individuals for the tasks within the Science and Technology Project; to review the content, budget, and schedule of the tasks within the Science and Technology Project..

4. To sign a science and technology contract (as party B) with the Project Management Agency.

5. To sign a science and technology contract (as party A) with the leading organizations and principal individuals responsible for the tasks within the Science and Technology Project.

6. To support the leading organizations of the tasks within the Science and Technology Project in implementing the scientific and technological contents according to the contract.

7. To manage, guide, and inspect the implementation of the tasks within the Science and Technology Project; to identify and propose solutions for issues arising during the implementation of the Science and Technology Project and its tasks, and to report to the Project Management Agency and the Ministry of Science and Technology; to report the situation and results of the Science and Technology Project to the Project Management Agency and the Ministry of Science and Technology.

8. To compile and report to the Project Management Agency on the annual allocation, usage, and final settlement of funds for the Science and Technology Project at the end of the project.

9. To apply the outcomes of the tasks within the Science and Technology Project to production in accordance with the economic and social development plan and investment production project schedules.

10. To establish scientific and technological boards to evaluate and accept the basic-level outcomes of the tasks within the Science and Technology Project; to supervise the basic-level evaluation process.

11. To organize the national-level evaluation and acceptance of the tasks within the Science and Technology Project according to the Decision establishing the Scientific and Technological Board of the Project Management Agency, except in cases specified in point b, Clause 3, Article 19 of this Circular.

12. To be accountable to the Project Management Agency and the Ministry of Science and Technology for the results of the Science and Technology Project.

Article 13. Responsibilities of the Managing Agency of Science and Technology Projects

1. Proposing to place orders for Science and Technology Projects with the Ministry of Science and Technology.

2. Leading and coordinating with the Ministry of Science and Technology (for Science and Technology Projects managed by a ministry or sector as the Managing Agency of Science and Technology Projects) or coordinating with the Ministry of Science and Technology (for Science and Technology Projects managed by the People's Committee of provinces or centrally governed cities as the Managing Agency of Science and Technology Projects) to carry out the selection and direct assignment of the Project Leader and the Host Organization of Science and Technology Projects and tasks within Science and Technology Projects.

3. Approving the Host Organization and the Task Leader of tasks within Science and Technology Projects managed by a ministry or sector as the Managing Agency of Science and Technology Projects.

4. Coordinating with the Ministry of Science and Technology to review Science and Technology Projects and tasks within Science and Technology Projects; approving the General Description of Science and Technology Projects.

5. Signing Contracts to implement Science and Technology Projects with the Host Organization of Science and Technology Projects.

6. Establishing budgets, implementing disbursements and settling accounts annually according to approved plans.

7. Leading and supervising inspections to urge the Host Organization of Science and Technology Projects and Host Organizations of tasks within Science and Technology Projects to fulfill their commitments as stipulated in contracts.

8. Compiling and submitting reports to the Ministry of Science and Technology on the annual disbursement, usage, and settlement of funds for Science and Technology Projects and the final settlement of Science and Technology Projects upon completion.

9. Adjusting objectives, products, total budgets, and implementation periods of tasks within Science and Technology Projects based on proposals from the Host Organization of Science and Technology Projects and with the written agreement of the Ministry of Science and Technology.

10. Establishing scientific and technological councils to evaluate and accept national-level tasks within Science and Technology Projects and supervise the evaluation and acceptance of national-level tasks within Science and Technology Projects.

11. Leading and coordinating with the Ministry of Science and Technology to organize evaluations and acceptances of results of Science and Technology Projects and tasks within Science and Technology Projects directly led by the Host Organization of Science and Technology Projects.

12. Coordinating with the Ministry of Science and Technology to conclude Science and Technology Projects.

Article 14. Responsibilities of the Ministry of Science and Technology

1. Leading the determination of the list of Science and Technology Projects and the list of tasks within Science and Technology Projects based on proposals from the Managing Agency.

2. Approving the list of Science and Technology Projects and the List of tasks within Science and Technology Projects based on the unified document of the Managing Agency.

3. Leading (in cases where provincial or centrally governed city People's Committees are the Managing Agencies) or coordinating with the Managing Agency (in cases where ministries or sectors are the Managing Agencies) to carry out the selection and direct assignment of the Host Organization and the Project Leader of Science and Technology Projects and the Host Organization of tasks within Science and Technology Projects.

4. Approving the Host Organization and the Task Leader of tasks within Science and Technology Projects when the Managing Agency is a provincial or centrally governed city People's Committee.

5. Leading and coordinating with the Managing Agency to organize reviews regarding the content, budget, and progress of tasks within Science and Technology Projects.

6. Approving the General Description of Science and Technology Projects based on the unified document of the Managing Agency.

7. Coordinating with the Managing Agency to periodically or randomly inspect the implementation of Science and Technology Projects and tasks within Science and Technology Projects according to signed contracts.

8. Coordinating with the Managing Agency to consider adjustments to the objectives, content, and progress of Science and Technology Projects based on proposals from the Host Organization of Science and Technology Projects.

9. Coordinating with the Managing Agency in the evaluation and acceptance of national-level Science and Technology Projects and tasks within Science and Technology Projects.

10. Leading and coordinating with the Managing Agency to organize the conclusion and evaluation of results of Science and Technology Projects.

Article 15. Responsibilities of the Head of Tasks under the Science and Technology Project, the Head of the Science and Technology Project

1. Sign contracts to implement the Science and Technology Project, tasks under the Science and Technology Project in accordance with Article 16 of this Circular.

2. Organize implementation and be responsible for the scientific value, technological level, and effectiveness of the Science and Technology Project, tasks under the Science and Technology Project; have plans to apply results or commercialize products from the Science and Technology Project, tasks under the Science and Technology Project.

3. Use funds for their intended purposes effectively; manage the funds of the Science and Technology Project, tasks under the Science and Technology Project in accordance with current regulations.

4. The Head of the Science and Technology Project is responsible for proposing and recommending to the Managing Authority of the Science and Technology Project regarding changes to the Leading Organization, Head, content, funding, and progress of tasks under the Science and Technology Project. The Head of tasks under the Science and Technology Project is responsible for proposing and recommending to the Head of the Science and Technology Project regarding changes to the Head, content, funding, and progress of tasks under the Science and Technology Project.

5. Inspect and urge organizations and individuals participating in the implementation of the Science and Technology Project, tasks under the Science and Technology Project according to the contract; report periodically (every six months, annually) and report promptly on the progress of tasks, use of funds for the Science and Technology Project, tasks under the Science and Technology Project.

6. Implement the publication, submission, transfer of results and products of the Science and Technology Project, tasks under the Science and Technology Project in accordance with current regulations.

Chapter IV

IMPLEMENTATION OF THE SCIENCE AND TECHNOLOGY PROJECT

Article 16. Signing Implementation Contracts

1. The Managing Authority of the Science and Technology Project assigns the Project Management Unit of the Science and Technology Project, together with the Financial Management Unit of the Managing Authority of the Science and Technology Project, to sign implementation contracts for the Science and Technology Project with the Leading Organization and Head of the Science and Technology Project; sign implementation contracts for tasks under the Science and Technology Project directly implemented by the Leading Organization of the Science and Technology Project.

2. The Leading Organization of the Science and Technology Project signs implementation contracts for tasks under the Science and Technology Project with the Leading Organization and Head of tasks under the Science and Technology Project, except in cases where tasks under the Science and Technology Project are directly implemented by the Leading Organization of the Science and Technology Project.

3. Implementation contracts for the Science and Technology Project and research and development projects under the Science and Technology Project shall be carried out in accordance with guidelines issued by the Ministry of Science and Technology.

Article 17. Financial and Asset Management of the Science and Technology Project

1. The implementation budget for science and technology projects includes the budget for implementing tasks within science and technology projects and the common operational budget of science and technology projects, which is guaranteed from the following sources:

a) Scientific service budget is balanced in the annual state budget estimate;

b) Funding of the Leading Organization of the Science and Technology Project and Leading Organizations of tasks under the Science and Technology Project;

c) Funds raised from production investment projects and other sources.

2. Contents of State Budget Expenditure for Science and Technology Projects

a) Expenditure for implementing tasks under the Science and Technology Project: apply expenditure contents and standards in accordance with current regulations for national-level science and technology tasks.

b) Common activities expenses of the Science and Technology Project include: conference, seminar, mid-term review, final review expenses of the Science and Technology Project; examination, inspection, evaluation, acceptance expenses of tasks under the Science and Technology Project; responsibility allowances for the Head of the Science and Technology Project; other expenses directly related to common activities of the Science and Technology Project.

3. Preparation of the Project Budget: Annually, based on the overall plan of the Science and Technology Project, the content and progress of tasks under the Science and Technology Project approved by the competent authority, the Managing Authority of the Science and Technology Project prepares the project budget for the Science and Technology Project within the total annual state budget revenue and expenditure estimate for science and technology of the Managing Authority of the Science and Technology Project, and submits it to the Ministry of Science and Technology and the Ministry of Finance for inclusion in the central government budget estimate in accordance with the State Budget Law.

4. Allocation and Distribution of the Budget Estimate and Disbursement of Funds:

a) The budget estimate for the Science and Technology Project is allocated within the budget estimate of the Managing Authority of the Science and Technology Project. For Science and Technology Projects led by organizations under the People's Committees of provinces and centrally-administered cities, the budget estimate is allocated to the locality in the form of targeted support;

b) The allocation of the Science and Technology Project budget estimate is carried out as follows: The Managing Authority of the Science and Technology Project allocates and transfers the project budget estimate through the financial management unit under its jurisdiction to the Leading Organization of the Science and Technology Project according to signed contracts; the Leading Organization of the Science and Technology Project transfers funds to Leading Organizations of tasks under the Science and Technology Project according to signed contracts;

c) The disbursement of funds to the Leading Organization of the Science and Technology Project for expenditures according to the approved progress and general activities of the Science and Technology Project; disbursement to Leading Organizations of tasks under the Science and Technology Project for expenditures according to the progress and work content based on signed contracts with the Leading Organization of the Science and Technology Project is carried out in accordance with the State Budget Law;

d) In cases where the Leading Organization of the Science and Technology Project implements the project behind schedule without permission from the managing authority or the Managing Authority of the Science and Technology Project, and does not submit an annual report on the progress and use of funds for the project, the Ministry of Science and Technology will request the Ministry of Finance to stop allocating funds for the following year.

5. Settlement of the Science and Technology Project Budget

a) For Science and Technology Projects led by organizations under Ministries and sectors: Leading Organizations of tasks under the Science and Technology Project settle the budget with the Leading Organization of the Science and Technology Project; the Leading Organization of the Science and Technology Project is responsible for settling the budget for implementing tasks under the Science and Technology Project and common activities of the Science and Technology Project with the Financial Management Unit of the Managing Authority of the Science and Technology Project; this unit settles the budget with the Managing Authority of the Science and Technology Project; the Managing Authority of the Science and Technology Project settles the budget with the Ministry of Finance and simultaneously sends the financial settlement report to the Ministry of Science and Technology.

b) For scientific and technological projects (KH&CN) hosted by organizations under the provinces and centrally governed cities: The organization hosting the KH&CN project task shall settle accounts for expenses with the organization hosting the KH&CN project; the organization hosting the KH&CN project shall be responsible for settling accounts for expenses to implement tasks within the KH&CN project and common expenses of the KH&CN project with the competent authority in accordance with the State Budget Law and simultaneously send the financial settlement report to the Ministry of Science and Technology.

6. Handling assets of scientific and technological projects (KH&CN) after completion

Within thirty days after the scientific and technological project (KH&CN) has been evaluated by the competent authority, the unit using assets purchased with public funds for science must report to the competent state authority to decide on the asset disposal plan, specifically:

a) For scientific and technological projects (KH&CN) hosted by organizations under ministries and sectors: The managing agency of the KH&CN project shall take the lead and coordinate with the Ministry of Science and Technology to propose the asset disposal plan to be submitted to the Ministry of Finance for consideration and decision;

b) For scientific and technological projects (KH&CN) hosted by organizations under the provinces and centrally governed cities: The Department of Finance shall take the lead and coordinate with the Department of Science and Technology to propose the asset disposal plan to be submitted to the People's Committee of the province or city for consideration and decision.

Article 18. Amendment, suspension, or cancellation of contracts

1. During implementation, the parties involved in the contract may propose:

a) Adjustment of the content and progress of implementing tasks within the scientific and technological project (KH&CN).

b) Suspension or cancellation of the contract.

2. Proposals for suspension or cancellation of the contract in the following cases:

a) Tasks within the scientific and technological project (KH&CN) are no longer suitable for the objectives of the KH&CN project or due to unforeseeable risks such as natural disasters, enemy attacks, epidemics;

b) The head of the task within the scientific and technological project (KH&CN) and the organization hosting the task within the KH&CN project do not ensure sufficient material conditions, human resources, corresponding funding, and other conditions to implement tasks within the KH&CN project as committed in the contract;

c) The head and the organization hosting the task within the scientific and technological project (KH&CN) lack the capacity to manage and organize the implementation of the content of the task within the KH&CN project according to the contract;

d) Funding for the task within the scientific and technological project (KH&CN) has been misused.

3. The organization hosting the task within the scientific and technological project (KH&CN) that has been suspended or cancelled the contract must cease all activities related to the task within the KH&CN project and report in writing about the work carried out; the expenses incurred; equipment, machinery, raw materials purchased sent to the organization hosting the KH&CN project. Based on the proposal of the organization hosting the KH&CN project, the managing agency of the KH&CN project shall take the lead and coordinate with the Ministry of Science and Technology to consider and resolve.

Article 19. Acceptance evaluation and contract termination

1. The final expense report for implementing tasks within the scientific and technological project (KH&CN) must be completed before organizing the national acceptance evaluation.

2. Basic-level acceptance evaluation:

The organization hosting the task within the scientific and technological project (KH&CN) shall organize the basic-level acceptance evaluation of the task within the KH&CN project after the decision to establish the Scientific and Technological Council of the organization hosting the KH&CN project.

3. National-level acceptance evaluation:

a) The organization hosting the scientific and technological project (KH&CN) shall organize the national-level acceptance evaluation of tasks within the KH&CN project after the decision to establish the Scientific and Technological Council of the managing agency of the KH&CN project;

b) The managing agency of the scientific and technological project (KH&CN) shall organize the national-level acceptance evaluation of the KH&CN project and tasks within the KH&CN project directly implemented by the organization hosting the KH&CN project.

4. The Ministry of Science and Technology shall take the lead and coordinate with the managing agency of the scientific and technological project (KH&CN) to organize the overall assessment of the KH&CN project.

5. The acceptance evaluation of tasks within the scientific and technological project (KH&CN) shall be conducted in accordance with current regulations of the Ministry of Science and Technology on guidelines for acceptance evaluation of scientific and technological research topics and national-level experimental production projects.

6. The acceptance evaluation of the results of the scientific and technological project (KH&CN) shall be carried out in accordance with the guidelines of the Ministry of Science and Technology.

7. Contract termination:

a) The organization hosting the scientific and technological project (KH&CN) shall carry out the contract termination of tasks within the KH&CN project after receiving the acceptance evaluation results;

b) The managing agency of the scientific and technological project (KH&CN) shall carry out the contract termination with the organization hosting the KH&CN project after receiving the acceptance evaluation results of the KH&CN project;

c) The procedures and formalities for terminating the contract of the scientific and technological project (KH&CN), tasks within the KH&CN project shall be carried out in accordance with current regulations for national-level scientific and technological tasks.

Article 20. Inspection, Complaints, and Accusations.

1. The implementation activities of Science and Technology Projects shall be subject to inspection by competent authorities in accordance with the provisions of the Law on Science and Technology and the State Budget Law.

2. Complaints and accusations, as well as their resolution within the management organization and operation of Science and Technology Projects, shall be carried out in accordance with the provisions of the Law on Complaints and Accusations.

Article 21. Handling Violations.

1. Organizations and individuals involved in the implementation of Science and Technology Projects who violate the provisions of this Circular shall be handled according to current regulations on the management of state-level science and technology tasks.

2. Heads of organizations and individuals entrusted with state management of Science and Technology Projects who fail to fulfill their assigned responsibilities, establish procedures outside of regulations, depending on the nature and degree of violation, shall be handled in accordance with laws on anti-corruption, thrift, and waste prevention, and disciplinary regulations for civil servants and public officials.

Chapter V

IMPLEMENTING PROVISIONS

Article 22. Implementation organization

1. This Circular takes effect from May 16, 2013, and replaces the Interim Provisions on the Construction and Management of Science and Technology Projects issued together with Decision No. 11/2005/QĐ-BKHCN dated August 25, 2005, of the Minister of Science and Technology, and Circular No. 17/2010/TT-BKHCN dated December 3, 2010, of the Minister of Science and Technology.

2. Ministries, sectors, People's Committees of provinces and centrally governed cities shall base themselves on this Circular to guide the proposal of Science and Technology Projects that are suitable with economic and social development plans aimed at enhancing the effectiveness of science and technology in production and daily life.

3. In case difficulties arise during implementation, it is recommended that agencies, organizations, and individuals report to the Ministry of Science and Technology for research, revision, and supplementation to ensure appropriateness./.