Circular No. 12/2018/TT-BKHCN stipulates on the establishment, signing, and management of international cooperation programs of the National Science and Technology Development Fund for funding scientific and technological tasks and supporting activities to enhance national scientific and technological capacity.

CIRCULAR

Regulations on the establishment, signing, and management of international cooperation programs

of the National Research Development Fund

in providing financial support for scientific and technological tasks implementation and activities

enhancingnational scientific and technological capacity Pursuant to Decree No. 23/2014/NĐ-CP dated April 3, 2014 of the Government on the Charter of Organization and Operation of the National Research Development Fund;

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 National Research Development Fund and the Head of the Legal Department, 1. Scope of Regulation This Circular stipulates the establishment, signing, and management of international cooperation programs of the National Research Development Fund (hereinafter referred to as the Fund) in providing financial support for the implementation of scientific and technological tasks, and activities enhancing national scientific and technological capacity.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability Organizations and individuals engaged in scientific and technological activities in Vietnam participating in registering and implementing scientific and technological tasks, and activities enhancing national scientific and technological capacity under the international cooperation programs of the Fund specified in this Circular and other relevant agencies, organizations, and individuals.

International Cooperation Program

Article 2. Interpretation of Terms

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

1. of the Fund (hereinafter referred to as the program) includes cooperative activities between the Fund and foreign organizations to jointly provide financial support for the implementation of scientific and technological tasks, and activities enhancing national scientific and technological capacity in one or several fields within the agreed timeframe and expressed through cooperation documents. Scientific and technological tasks

2. include: basic research tasks, applied research tasks, urgent scientific and technological tasks with significant scientific and practical importance, potential scientific and technological tasks. Activities enhancing national scientific and technological capacity

3. are the activities mentioned in Article 1 of Circular No. 09/2015/TT-BKHCN dated May 15, 2015 of the Minister of Science and Technology on the management of activities enhancing national scientific and technological capacity supported by the National Research Development Fund (hereinafter referred to as Circular No. 09/2015/TT-BKHCN). Cooperation Document

4. is the cooperation agreement signed by the Fund and its partner, specifying the contents of the program. Partner of the Fund

5. is a foreign organization cooperating with the Fund in jointly providing financial support for the implementation of scientific and technological tasks, and activities enhancing national scientific and technological capacity. Article 3. Objectives of establishing the program

1. Promote international cooperation in scientific research, facilitate academic exchanges between Vietnamese and international scientists, create a favorable research environment, and enhance international integration to improve national scientific and technological capacity.

2. Attract foreign resources (financial and high-level scientific human resources) for Vietnam's scientific research.

3. Strengthen connections and develop an international cooperation network to enhance the effectiveness of managing and funding scientific research in Vietnam.

Article 4. Principles of cooperation, selection of partners of the Fund

1. All parties participating in the program have equal obligations and responsibilities in implementing related work, ensuring national security, complying with the laws of participating countries, international treaties, and relevant international agreements.

2. The partner of the Fund commits to contributing financially to the program.

3. The Fund prioritizes selecting and cooperating with large-scale organizations with high-quality funding and support from developed countries.

3. The Fund prioritizes selecting and cooperating with large-scale organizations providing high-quality grants and support in developed countries.

Article 5. Principles for determining, managing, funding, and supporting programs

1. The determination of programs must be consistent with the objectives stipulated in Article 3 of this Circular and the priority orientation, plans, and operational budget of the Fund.

2. The management of scientific and technological tasks, activities to enhance national scientific and technological capacity within the programs shall be carried out according to the principles of funding and support provided by the Fund as specified in Article 4 of Decree No. 23/2014/NĐ-CP dated April 3, 2014 of the Government on the Charter of Organization and Operation of the National Science and Technology Development Fund.

3. The use and management of funds from the state budget, which are funded and supported by the Fund in the programs, shall be conducted in accordance with Joint Circular No. 55/2015/TTLT-BTC-BKHCN dated April 22, 2015 of the Minister of Science and Technology and the Minister of Finance guiding the standard for establishing, allocating budgets, and finalizing accounts for scientific and technological tasks using state budget funds, and Joint Circular No. 27/2015/TTLT-BKHCN-BTC dated December 30, 2015 of the Minister of Science and Technology and the Minister of Finance stipulating the allocation of expenses for implementing scientific and technological tasks using state budget funds and financial management regulations for the National Science and Technology Development Fund.

4. For programs that fund scientific and technological tasks, the total funding provided by the Fund shall not exceed 60% of the total program implementation budget. In special cases (programs aimed at addressing urgent issues or having particular significance for Vietnam), the Director of the Fund's Management Agency shall propose to the Chairman of the Fund's Management Board for consideration and decision.

5. For programs supporting activities to enhance national scientific and technological capacity, the total funding that the Fund can provide may reach up to 100% of the total program implementation budget.

Article 6. Principles for selecting scientific and technological tasks and activities to enhance national scientific and technological capacity under the programs

1. For scientific and technological tasks:

a) Selection is based on the results of evaluation and classification conducted by the Scientific and Technological Council of the Fund and its partners.

Evaluators and members of the Scientific and Technological Council introduced by the Fund must meet the requirements set forth in the current management documents corresponding to the type of scientific and technological task being proposed for funding.

b) Evaluation is conducted objectively, democratically, and equally, based on valid registration files, in accordance with the conditions for organizations and individuals implementing the tasks and the results of the tasks as stipulated in the current management documents corresponding to the type of scientific and technological task being proposed for funding:

- Circular No. 37/2014/TT-BKHCN dated December 12, 2014 of the Minister of Science and Technology on the management of basic research topics funded by the National Science and Technology Development Fund (for basic research tasks);

- Circular No. 15/2016/TT-BKHCN dated June 30, 2016 of the Minister of Science and Technology on the management of applied research topics funded by the National Science and Technology Development Fund (for applied research tasks);

- Circular No. 40/2014/TT-BKHCN dated December 18, 2014 of the Minister of Science and Technology on the management of urgent scientific and technological tasks of significant scientific and practical importance, and potential scientific and technological tasks funded by the National Science and Technology Development Fund (for urgent scientific and technological tasks of significant scientific and practical importance and potential scientific and technological tasks).

2. For activities to enhance national scientific and technological capacity:

Implementation shall follow the content of cooperation documents between the Fund and its partners, in compliance with the provisions of Circular No. 09/2015/TT-BKHCN.

Chapter II

CONSTRUCTION AND SIGNING OF COOPERATION DOCUMENTS

Article 7. Selection of Partners by the Fund

Based on the provisions of Articles 3, 4, and 5 of this Circular, the Fund's Management Body shall conduct searches, select suitable partners, negotiate to determine the program and cooperation contents, and draft the cooperation document.

Article 8. Contents of Cooperation Documents

The cooperation document between the Fund and its partner must include the following main contents:

1. Objectives, fields of cooperative financial support and assistance;

2. Contribution Principles

Specific regulations on contribution levels, forms of contribution, and commitments from each party regarding the allocation of appropriate, competent human resources for management, financial support, and scientific research assistance according to international practices;

3. Methods, criteria, and procedures for evaluating and selecting scientific and technological tasks, activities to enhance national scientific and technological capacity within the program;

To be specified in an Appendix attached to the cooperation document, consistent with current relevant legal regulations;

4. Intellectual Property Rights

Regulations on the use of research results obtained through jointly funded and supported scientific and technological tasks and activities to enhance national scientific and technological capacity, in accordance with Vietnamese and partner country laws;

5. Duration of Effectiveness of the Cooperation Document

Implementation period agreed upon by the Fund and its partner. The Fund and partners shall notify each other in writing about early termination or extension of cooperation when the duration of effectiveness of the cooperation document is nearing completion;

6. Guidelines for Registration to Participate in the Program

To be specified in an Appendix attached to the cooperation document, consistent with current relevant legal regulations, detailing registration application documents, necessary accompanying papers, key deadlines, requirements for the description of proposed scientific and technological tasks and activities to enhance national scientific and technological capacity seeking financial support and assistance;

Article 9. Signing of Cooperation Documents

1. Procedures for soliciting opinions and preparing to sign cooperation documents between the Fund and its partner shall be carried out in accordance with current regulations governing external activities management of the Ministry of Science and Technology;

2. After receiving approval from the Fund Management Council, the Ministry of Science and Technology leadership, and the Director of the Fund's Management Body, the cooperation document will be signed with the Fund’s partner;

Chapter III

MANAGEMENT OF PROGRAM IMPLEMENTATION

Article 10. Announcement of Acceptance of Application Registration for Participation in the Program

The Fund shall cooperate with the partner to publicly announce the acceptance of application registrations for participation in the program on both parties' electronic information websites. The acceptance period shall be a minimum of three months from the date of announcement.

Article 11. Evaluation and Selection

The Fund shall cooperate with its partner to select experts and members to participate in the Scientific and Technological Council, organizing the evaluation and selection of application registrations for participation in the program according to prescribed principles, methods, and criteria.

Article 12. Announcement of Selection Results

1. For scientific and technological tasks proposed for funding, the Fund's Management Body shall review, submit for approval, and publish the list of funded tasks; assess and submit for approval the budget; notify and guide organizations and individuals receiving funding to complete necessary procedures in accordance with current management regulations corresponding to the registered funding request and the cooperation document between the Fund and its partner.

2. For national scientific and technological capacity enhancement activities proposed for support, the Fund's Management Body shall review, submit for approval, publish the list of supported activities, and notify and guide organizations and individuals receiving support to complete necessary procedures in accordance with Circular No. 09/2015/TT-BKHCN and the cooperation document between the Fund and its partner.

Article 13. Inspection, evaluation, adjustment, and termination of contracts during implementation and assessment of the results of scientific and technological tasks and activities to enhance national scientific and technological capacity

The Fund shall carry out inspection, evaluation, adjustment, and termination of contracts during implementation; assess the results of scientific and technological tasks and activities to enhance national scientific and technological capacity according to the general regulations of the Fund and its partners based on compliance with relevant documents as follows:

1. For scientific and technological tasks approved for funding, implementation shall be carried out in accordance with the current management documents corresponding to the type of funded scientific and technological task.

2. For activities to enhance national scientific and technological capacity approved for support, the Fund shall proceed with procedures for disbursing funds and managing implementation in accordance with Circular No. 09/2015/TT-BKHCN.

Article 14. Responsibilities of the Fund and organizations and individuals participating in the program

1. For scientific and technological tasks receiving funding: The responsibilities of the Fund, the leading organization, the principal investigator, and other participants in implementing the scientific and technological tasks within the program shall be carried out in accordance with the current management documents corresponding to the type of funded scientific and technological task.

2. For activities to enhance national scientific and technological capacity receiving support: The responsibilities of the Fund, organizations, and individuals supported by the Fund within the program shall be carried out in accordance with Circular No. 09/2015/TT-BKHCN.

3. The Fund's management body shall be responsible for evaluating the results of the program and reporting to the Fund Management Council upon completion of the program.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Effective Date

1. This Circular takes effect from October 15, 2018.

2. For programs of cooperation that the Fund has signed with partners before this Circular takes effect, they shall continue to be implemented in accordance with the content of the cooperation documents.

3. In cases where the documents cited in this Circular are replaced, amended, or supplemented, they shall be applied in accordance with the replacement, amendment, or supplementary documents./.