Circular No. 11/2023/TT-BKHCN amends and supplements certain Articles of Circular No. 14/2014/TT-BKHCN dated June 11, 2014, issued by the Minister of Science and Technology on the collection, registration, storage, and publication of information on science and technology tasks, and Circular No. 10/2017/TT-BKHCN dated June 28, 2017, issued by the Minister of Science and Technology on the construction, management, exploitation, use, maintenance, and development of the National Database on Science and Technology.

CIRCULAR

Amending and supplementing some articles of Circular No. 14/2014/TT-BKHCN dated June 11, 2014, issued by the Minister of Science and Technology on collecting, registering, storing, and publishing information about science and technology tasks and Circular No. 10/2017/TT-BKHCN dated June 28, 2017, issued by the Minister of Science and Technology on building, managing, exploiting, using, maintaining, and developing the National Database on Science and Technology

_________________________

Pursuant to Decree No. 08/2014/NĐ-CP dated January 27, 2014, issued by the Government detailing and guiding the implementation of certain provisions of the Law on Science and Technology;

Pursuant to Decree No. 11/2014/NĐ-CP dated February 18, 2014, issued by the Government on scientific and technological information activities;

Pursuant to Decree No. 28/2023/NĐ-CP dated June 2, 2023 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 45/2020/NĐ-CP dated April 8, 2020 of the Government on handling administrative procedures in an electronic environment;

Pursuant to Decree No. 47/2020/NĐ-CP dated April 9, 2020, issued by the Government on managing, connecting, and sharing digital data of state agencies;

TAt the request of the Director of the National Scientific and Technological Information Center and the Head of the Legal Department;

The Minister of Science and Technology issues this Circular amending and supplementing some articles of Circular No. 14/2014/TT-BKHCNdated June 11, 2014, issued by the Minister of Science and Technology on collecting, registering, storing, and publishing information about science and technology tasks and Circular No.10/2017/TT-BKHCNdated June 28, 2017, issued by the Minister of Science and Technology on building, managing, exploiting, using, maintaining, and developing the National Database on Science and Technology.

Article 1. Amending, supplementing, replacing, and abolishing some articles of Circular No. 14/2014/TT-BKHCN dated June 11, 2014, issued by the Minister of Science and Technology on collecting, registering, storing, and publishing information about science and technology tasks (hereinafter referred to as Circular No. 14/2014/TT-BKHCN)

1. Amend and supplement Clause 3 of Article 3 as follows:

"3. "Results of implementing scientific and technological tasks"is a set of documents containing results obtained from scientific research and technological development activities of science and technology tasks, including: comprehensive reports on the implementation of tasks, summary reports on the implementation of tasks, survey data, maps, drawings, images, multimedia materials, software (including source code and data), and other documents (if any)"

2. Amending and supplementing Clause 1 of Article 6 as follows:

"1. Within thirty working days from the date the contract for implementing the science and technology task is signed, the organization authorized by the competent authority to sign the contract or assign the main responsible party to sign the contract for implementing the science and technology task shall be responsible for providing information about the task to the organization performing the central function of scientific and technological information in accordance with Clause 2 and Clause 3 of this Article to update it into the National Database on Science and Technology as prescribed."

3. Amending and supplementing Clause 2 of Article 10 as follows:

"2. Within thirty working days from the date the science and technology task is officially accepted, the organization or individual mainly responsible for the task shall be responsible for registering and submitting the results of the implementation of the science and technology task to the competent authority for registration and storage of the results of science and technology tasks as prescribed in Article 11 of this Circular."

4. Amending and supplementing the name and some points, clauses of Article 12 as follows:

a) Amending the name of Article 12 as follows:

"Article 12. Documents and methods for registering the results of implementing science and technology tasks funded by the State budget;"

b) Amending and supplementing point b Clause 1 as follows:

"b) One copy of the Comprehensive Report on the Implementation of the Task with the lawful confirmation of the organization mainly responsible for the task that the task has been completed after the official acceptance;"

c) Amending and supplementing point c Clause 1 as follows:

"c) One copy of the Summary Report on the Implementation of the Task; one copy of survey data, maps, drawings, images, multimedia materials, software (including source code and data), and other documents (if any)."

d) Amending and supplementing point d Clause 1 as follows:

"d) A copy of the Minutes of the Meeting of the Evaluation and Official Acceptance Board for the Results of Implementing the Science and Technology Task; a document confirming the agreement of the authors regarding the order of names in the list of authors implementing the task (if any): application for protection of intellectual property rights (if any);"

đ) Supplementing Clause 3a after Clause 3 as follows:

"3a. Methods for registering the results of implementing science and technology tasks:

a) For direct submission or sending through postal service: the organization or individual mainly responsible for the task shall register the results of implementing the science and technology task and submit the documents to the competent authority for registration as prescribed in Article 11 of this Circular;

b) For online submission: the organization or individual mainly responsible for the task shall register the results of implementing the science and technology task on the Administrative Procedure Resolution Information System of the competent authority for registration as prescribed in Article 11 of this Circular. The registration documents must be in Portable Document Format (.pdf), using Vietnamese Unicode font (Time New Roman) according to Vietnam Standard (TCVN 6909:2001), digitally signed or scanned from paper copies, ensuring completeness, integrity, and accuracy of all contents as in the paper version."

e) Amend and supplement Clause 5 as follows:

"5. The competent authority for registration prescribed in Article 11 of this Circular shall be responsible for receiving, checking the completeness and validity of the documents as prescribed; issuing the Receipt of Application Form and delivering the result according to Model 9 attached to this Circular. In case additional documents are required, within three working days from the date of receipt of the documents, the competent authority for registration shall notify the organization or individual mainly responsible for implementing the science and technology task."

5. Amending and supplementing some points, clauses of Article 13 as follows:

a) Amending and supplementing point b Clause 2 as follows:

"b) Comprehensive report on the implementation of science and technology tasks with the confirmation of the organization or individual mainly responsible for the task and related reports, documents (if any)."

b) Amend and supplement Point c Clause 2 as follows:

"c) Confirmation document of the results of implementing science and technology tasks not funded by the State budget of the competent state management agency on science and technology."

c) Amending and supplementing Clause 3 as follows:

"3. The method for registering the results of implementing science and technology tasks not funded by the State budget shall be implemented in accordance with Clause 3a of Article 12 of this Circular."

d) Amending and supplementing Clause 4 as follows:

"4. The competent authority for registration prescribed in Article 11 of this Circular shall be responsible for receiving and checking the completeness and validity of the dossier. Within five working days from the date of receipt of a complete and valid dossier as prescribed in Clause 2 of this Article, the competent authority for registration shall issue one Certificate of Registration of the Results of Scientific and Technological Tasks Not Using State Budget Funds according to Form 11 attached hereto to the organization or individual primarily implementing the scientific and technological tasks."

6. Amend and supplement some clauses of Article 14 as follows:

a) Amend and supplement Clause 1 as follows:

"1. Within ten working days from the date on which the results of scientific research and technological development purchased with state budget funds are obtained, information about the results must be registered and retained at the competent authority for registration and retention of the results of scientific and technological tasks as prescribed in Article 11 of this Circular;"

“2a. Other accounting units as stipulated in Clause 1 Article 2 of this Circular shall appoint the head of the accounting organization of the unit responsible for organizing accounting and financial work to appoint an accounting manager and accounting supervisor.”

"2a) The method of registering the results of scientific and technological tasks purchased with state budget funds shall be implemented in accordance with Clause 3a of Article 12 of this Circular."

7. Amend and supplement Clause 1 of Article 23 as follows:

"1. Within fifteen days from the date of receipt of the Information Sheet on ongoing scientific and technological tasks, the organization performing the central information function on science and technology shall be responsible for updating information on ongoing scientific and technological tasks into the National Database on Science and Technology, compiling and publishing a list of ongoing scientific and technological tasks within its management scope on its own website and that of the supervising agency."

8. Amend and supplement some clauses of Article 24 as follows:

a) Amend and supplement Clause 1 as follows:

"1. Within fifteen days from the date of issuance of the Certificate of Registration of the Results of Scientific and Technological Tasks, the organization performing the central information function on science and technology shall be responsible for processing and updating information on the implementation results of scientific and technological tasks into the National Database on Science and Technology in accordance with regulations and publishing a list of completed scientific and technological tasks on its own website and that of the supervising agency;"

b) Amend and supplement Clause 4 as follows:

"4. The National Agency for Science and Technology Information shall be responsible for updating and publishing the content of information prescribed in Clause 2 of this Article of scientific and technological tasks at all levels that have been accepted and registered results on the National Database on Science and Technology."

9. Amend and supplement Clause 1 of Article 25 as follows:

"1. Within fifteen days from the date of receipt of the Information Sheet on the application of the results of scientific and technological tasks, the organization performing the central information function on science and technology shall be responsible for processing and updating into the National Database on Science and Technology; compiling and publishing a report on the application of the results of scientific and technological tasks within its management scope on its own website and that of the supervising agency; compiling data on the number of scientific and technological tasks applied in the year according to Form 15 attached hereto and submitting the report to the state agency managing science and technology and the National Agency for Science and Technology Information for compilation and reporting to the Minister of Science and Technology."

10. Amend Article 27 as follows:

"Article 27. Handling Violations

Organizations and individuals that fail to register information on scientific and technological tasks, fail to register and submit results of scientific and technological tasks, and fail to report on the application of results of scientific and technological tasks as prescribed shall be subject to handling under relevant provisions.

11. Replace Model 1, Model 5, Model 9, and Model 12 attached to Circular No. 14/2014/TT-BKHCN with Model 1, Model 5, Model 9, and Model 12 attached to this Circular.

12. Repeal Clause 8 of Article 7, Clause 3 of Article 8, Article 9, Clause 1 and Clause 4 of Article 10, Clauses 2, 3, 4, and 7 of Article 12, Clause 6 of Article 13, Article 17, Clause 3 of Article 21, Clause 3 of Article 23, and Clause 3 of Article 24 of Circular No. 14/2014/TT-BKHCN; Model 13 and Model 14 attached to Circular No. 14/2014/TT-BKHCN.

Article 2. Amending, supplementing, replacing, and abolishing certain articles of Circular No. 10/2017/TT-BKHCN dated June 28, 2017, issued by the Minister of Science and Technology, concerning the construction, management, exploitation, use, maintenance, and development of the National Scientific and Technological Database (hereinafter referred to as Circular No. 10/2017/TT-BKHCN).

1. Amending and supplementing Clause 1 of Article 1 as follows:

"1. This Circular stipulates the construction, management, connection, sharing, exploitation, use, maintenance, and development of the National Scientific and Technological Database."

2. Supplement Clause 5 of Article 3 as follows:

"5. 'Primary data of the National Scientific and Technological Database' refers to data containing the most basic information for identifying and describing core independent business entities; it is continuously and consistently used in interactions, connections, and sharing within the National Scientific and Technological Database system."

3. Amend and supplement Article 4 as follows:

"Article 4. The National Scientific and Technological Database

1. The National Scientific and Technological Database includes the following component databases:

a) Database on scientific and technological organizations;

b) Database on scientific research personnel and technology development;

c) Database on scientific and technological tasks;

d) Database on scientific publications and citation indices;

đ) Database on statistics on science and technology;

e) Database on technology, high technology, and technology transfer;

g) Database on science and technology information in the region and worldwide;

h) Database on science and technology enterprises;

i) Database on industrial property;

k) Database on measurement standards and quality.

2. Data from the National Scientific and Technological Database serves as official information sources for national, ministry, sector, and local management, administration, policy planning regarding science and technology, scientific research, technology development, and technology application by agencies, organizations, and individuals. The data is shared and utilized by various ministries, sectors, and localities to serve administrative procedure resolution, administrative reform, and simplification of administrative procedures for citizens and businesses.

3. Data containing information on scientific and technological tasks is primary data of the National Scientific and Technological Database.

4. Data entered into the National Scientific and Technological Database is collected and updated from documents and data approved, signed off, or confirmed by competent authorities in accordance with the law.

4. Amend and supplement the name and add Clause 2a of Article 5 as follows:

a) Amend and supplement the name of Article 5 as follows:

"Article 5. Principles for constructing, updating, managing, connecting, sharing, exploiting, and using the National Scientific and Technological Database;"

b) Add Clause 2a after Clause 2 as follows:

"2a. The National Scientific and Technological Database is connected and shared with other information systems in accordance with the Vietnam Government Digital Architecture Framework and the Government Digital Architecture at the Ministry of Science and Technology."

5. Add Article 5a after Article 5 as follows:

"Article 5a. Information Security of the National Scientific and Technological Database

1. Ensure information security in accordance with the Cybersecurity Law and current regulations on information security.

2. Ensure that the information system reaches Level 3 or higher, with criteria for determining Level 3 in information system security compliance as prescribed in Decree No. 85/2016/NĐ-CP dated July 1, 2016, of the Government on ensuring information system security by level and related guiding documents.

3. Ensure integrity, reliability, and availability during data storage, exploitation, connection, and sharing. Apply data encryption techniques, establish passwords, use digital signatures, and implement backup mechanisms, prevent, and control malicious attacks on data.

4. Ensure confidentiality of data in digital transformation activities and data storage in the National Scientific and Technological Database.

5. Secure user account information during the use of the National Scientific and Technological Database system. In case of security breaches, contact the direct management unit for guidance on handling and rectification."

6. Amend and supplement Article 16 as follows:

"Article 16. Industrial Property Database

1. The industrial property database includes the following published information, selectively and systematically compiled to meet search purposes:

a) Applications for industrial property registration;

b) Certificates of protection granted and recognized industrial property rights in Vietnam.

2. The industrial property database is constructed, managed, operated, and developed by the Intellectual Property Office under the Ministry of Science and Technology and is connected and shared with the National Scientific and Technological Database through online connectivity on a network."

7. Amend and supplement some points and clauses of Article 17 as follows:

a) Add points đ, e, g, and h in Clause 1 as follows:

"đ) Information on the list of national measurement standards approved and organizations designated to maintain national measurement standards;

e) Information on conformity assessment bodies registered and designated by the General Department of Standardization, Measurement, and Quality Control;

g) Information on organizations that have been accepted to publish their capacity to conduct training for system management assessors and product certification assessors;

h) Information on independent consultants, consulting organizations, training organizations, and organizations conducting quality management system assessments according to TCVN ISO 9001:2015 for state administrative agencies and organizations;

b) Amend and supplement Clause 2 as follows:

"2. The database on measurement standards and quality is established, managed, operated, and developed at the National Standard Measurement Quality Administration under the Ministry of Science and Technology and is connected and shared with the National Scientific and Technological Database through online methods on the internet.";

8. Amend and supplement Chapter III as follows:

"Chapter III

BUILDING, MANAGING, CONNECTING AND SHARING

THE NATIONAL DATABASE ON SCIENCE AND TECHNOLOGY".

9. Add Article 18a and Article 18b after Article 18 as follows:

"18a. Connecting, sharing, and updating data into the national database on science and technology

1. The national database on science and technology is connected and shared with the national population database and the scientific and technological databases of ministries, sectors, and localities through direct and online methods on the internet.

2. Organizations performing the central information function in science and technology have interconnected databases with the national database on science and technology; information updates are conducted automatically through assigned accounts.

3. Data on science and technology tasks, scientific and technological organizations, and research and development personnel are shared by default. Other data may be shared by default or upon specific request.

4. Ensure technical requirements for input information in the national database on science and technology, enhancing the efficiency of integrated, exchanged, and synchronized shared data according to Circular No. 05/2021/TT-BKHCN dated June 17, 2021, issued by the Minister of Science and Technology, stipulating technical requirements for input information in the national database on science and technology;

5. Suspension or termination of connection, sharing, and data in the national database on science and technology on the network shall be carried out according to the provisions of Article 43 and Article 44 of Decree No. 47/2020/NĐ-CP dated April 9, 2020, of the Government on managing, connecting, and sharing digital data of state agencies.

Article 18b. Management and use of access account to the National Scientific and Technological Database Management System

1. The National Science and Technology Information Center is responsible for managing and issuing access accounts to the National Scientific and Technological Database for organizations performing the central information function in science and technology at ministries, sectors, and localities.

2. Organizations performing the central information function in science and technology at ministries, sectors, and localities apply for new or renewed access accounts to the National Scientific and Technological Database from the National Science and Technology Information Center.

3. Organizations performing the central information function in science and technology at ministries, sectors, and localities use the issued accounts to update, exploit, and utilize the National Scientific and Technological Database for management work, scientific research, and technological development; they are responsible for updating information about science and technology tasks within their jurisdiction into the National Scientific and Technological Database according to this Circular.

4. Access accounts to the National Scientific and Technological Database will be revoked in the following cases:

a) When there is a written request to lock the account from the account owners;

b) When the account is suspected of causing information security breaches or system security issues;

c) When the account owner provides false information to the National Scientific and Technological Database.";

10. Amend and supplement Point b Clause 2 Article 26 as follows:

"b) Building, managing, connecting, sharing, exploiting, using, maintaining, and developing the National Database on Science and Technology;"

11. Amend and supplement Clause 2 Article 27 as follows:

"2. Direct organizations performing the central information function in science and technology to coordinate with units managing tasks and budget units for science and technology tasks at the ministry level to collect and update information about science and technology tasks within their authority into the National Database on Science and Technology."

12. Amend and supplement Clause 2 Article 28 as follows:

"2. Implement measures to manage access rights and update information within the scope of management to ensure safety and security for the National Scientific and Technological Database and its technical infrastructure."

13. Repeal Clause 3 Article 5, Article 21 of Circular No. 10/2017/TT-BKHCN.

Article 3. Implementation Provisions

1. This Circular takes effect from August 10, 2023.

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

The Head of the Ministry’s Office, Heads of Departments, Director of the Vietnam Registration Agency, Heads of agencies, units, and individuals related to this Circular shall be responsible for its enforcement.

1. Ministries, ministerial-level agencies, government agencies, provincial people's committees, and related organizations and individuals are responsible for implementing this Circular.

2. The Ministry of Science and Technology assigns the National Science and Technology Information Center to organize the implementation of this Circular.

3. In case of difficulties during implementation, agencies and units should report to the Ministry of Science and Technology for study and amendment./.