Circular No. 13/2015/TT-BNNPTNT guides the procedures and formalities for recognizing technological advancements and new technologies in the Agriculture and Rural Development sector.

CIRCULAR

Guidelines on the procedures and formalities for recognizing technological advancements and new technologies in the Agriculture and Rural Development sector

______________________________

Based on the Law on Science and Technology No. 29/2013/QH13;

Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

At the proposal of the Director of the Department of Science, Technology and Environment,

The Minister of Agriculture and Rural Development issues this Circular to guide the procedures and formalities for recognizing technological advancements and new technologies in the Agriculture and Rural Development sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular guides the procedures and formalities for recognizing technological advancements and new technologies applicable to the Agriculture and Rural Development sector.

Article 2. This Circular does not regulate the following matters:

a) The recognition of crop seeds, livestock breeds, and aquaculture breeds;

b) The testing, trial, and registration for circulation of agricultural materials under the management of the Ministry of Agriculture and Rural Development.

Article 2. Applicability

This Circular applies to organizations and individuals involved in the recognition of technological advancements and new technologies within the scope of management by the Ministry of Agriculture and Rural Development.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Technological advancement (hereinafter referred to as technological advancement) is a product created from the results of implementing science and technology tasks; technical solutions, management solutions, application solutions.

Technological advancement must comply with the provisions of Article 6 of this Circular and be recognized by the competent authority.

2. The Basic Science and Technology Council is a council established by an organization or unit with legal personality and appropriate professional capacity.

3. The authority responsible for recognizing technological advancement is the General Department or Bureau under the Ministry of Agriculture and Rural Development tasked with receiving applications, examining, and recognizing technological advancement according to the assigned field of management.

Article 4. Rights and obligations of organizations and individuals with recognized technological advancement

1. Rights of organizations and individuals with recognized technological advancements

a) To advertise, publish, and transfer the results of applying technological advancement to production in accordance with the law;

b) To lodge complaints and denunciations regarding violations of their rights and legitimate interests in accordance with the law;

c) Other rights as prescribed by law;

2. Obligations of organizations and individuals with recognized technological advancements

a) Being responsible for the origin and related documents of technological advancements;

b) To have a technical guidance procedure and a report document for local authorities where the implementation of technological advancement takes place, to facilitate coordinated management and monitoring;

c) Other obligations as prescribed by law.

Chapter II

PROCEDURES AND FORMALITIES FOR REGISTRATION, RECOGNITION, AND REVOCATION OF TECHNOLOGICAL ADVANCEMENTS

Article 5. Basis for recognizing technological advancement

Recognition of technological advancement is based on one of the following two grounds:

1. A product or part of a product created from the results of implementing science and technology tasks that has been evaluated and accepted at the pass level or higher.

2. Technical solutions, management solutions, application solutions.

Article 6. Conditions for recognizing technological advancement

1. For technological advancement creating new technology or solutions, it must meet the following conditions:

a) It must be novel, innovative, stable, and highly competitive;

b) The product must be certified as meeting quality requirements, minimizing environmental impact, efficiently utilizing resources, having prospects for expanded production, and contributing to social stability.

2. For technological advancement creating technology or products aimed at competing with or replacing similar products already recognized in the most recent period, in addition to the conditions stipulated in Clause 1 of this Article, it must also meet the following conditions:

a) At least 5% reduction in production costs;

b) Productivity increase of more than 10%.

Article 7. Procedure and formalities for registering recognition of technological progress

1. Organizations and individuals wishing to register recognition of technological progress shall directly submit or send via postal service one (1) set of documents as prescribed in Clause 2 of this Article to the Agency for Recognition of Technological Progress. The documents must be sealed with the address clearly marked.

2. The registration dossier for recognition of technological progress includes:

a) Application form for recognition of technological progress (Form 1 issued together with this Circular);

b) Report on the results of implementing technological progress (Form 2 issued together with this Circular);

c) Comments and evaluations from organizations and individuals applying technological progress (for individual comments, there must be confirmation of signature by the competent authority at the local level) and field verification and evaluation records (if any) (Forms 3a and 3b issued together with this Circular);

d) Meeting documents of the grassroots scientific and technological council proposing recognition of technological progress (Forms 4, 5a (or 5b), 6, 7a issued together with this Circular) and explanatory documents of the council's opinions.

3. Within three (3) working days from the date of receipt of the dossier, the Agency for Recognition of Technological Progress will examine and conclude on the dossier (Form 4 issued together with this Circular) and notify in writing about the validity of the dossier to the organization or individual who registered.

Within thirty (30) days from the date of sending the notification, the organization or individual registering recognition of technological progress shall supplement and complete the dossier and resubmit it to the Agency for Recognition of Technological Progress.

Within ten (10) days from receiving the valid dossier, the Agency for Recognition of Technological Progress issues a decision to establish the Advisory Council for Recognition of Technological Progress.

Article 8. Verification of Technological Progress

Within five (5) working days from the date of the Decision establishing the Council or Expert Group, the Agency for Recognition of Technological Progress organizes a meeting for verification of technological progress.

Verification of technological progress is carried out in one of two forms:

1. The Advisory Council for Recognition of Technological Progress (hereinafter referred to as the Council)

The Council consists of seven (7) or nine (9) members including: chairman, vice-chairman, secretary, two (2) opposing members and other members, among which:

a) The chairman (who is the leader of the agency) and the scientific secretary of the Council belong to the Agency for Recognition of Technological Progress;

b) One (1) member representing the Department of Science, Technology and Environment;

c) One (1) member representing the organization or locality where the technological progress is applied.

In addition to the Council members, the Agency for Recognition of Technological Progress assigns one (1) administrative secretary to assist in preparing materials and organizing the Council meeting.

The Council meeting is organized when at least two-thirds of the total number of members are present, including the chairman or vice-chairman authorized, two opposing members and the scientific secretary.

2. The Expert Group for Recognition of Technological Progress (hereinafter referred to as the Expert Group)

The Expert Group consists of three (3) or five (5) members, including: group leader, secretary and members. The group leader (who is the leader of the agency) and the secretary belong to the Agency for Recognition of Technological Progress.

3. Other members of the Council or Expert Group are persons knowledgeable in the fields related to the technological progress proposed for recognition.

The conclusion of the Council or Expert Group is reached when at least two-thirds of the members present agree.

In cases deemed necessary, the Council or Expert Group may request the Agency for Recognition of Technological Progress to establish a team to verify and evaluate the application of technological progress on-site. The verification and evaluation record follows Form 3b issued together with this Circular.

4. Cases not allowed to participate in the Council or Expert Group:

a) Authors, key participants, and those involved in the implementation of the technological progress;

b) Persons currently being administratively punished for violations in scientific and technological activities or currently under criminal investigation or have been convicted but not yet had their criminal record expunged;

c) Spouse, father, mother, child, brother, sister, or half-sibling of the author or key participant in the implementation of the technological progress or any person with related rights and interests;

d) Persons with evidence of conflicting interests with the organization or the author of the technological progress.

5. Working procedure of the Council

a) The Chairman of the Council unifies and approves the work content;

b) The Council elects three (3) members to the ballot committee, including one chairperson;

c) Representatives of organizations and individuals with technological progress present reports on the results of implementing technological progress according to Form 2 issued together with this Circular;

d) Council members ask questions about the results and related issues of technological progress. Representatives of organizations and individuals with technological progress answer the questions (if any);

đ) Opposing members read their comments;

e) The Council discusses and evaluates technological progress according to Forms 5a (or 5b) and 6 issued together with this Circular;

g) The Chairman of the Council concludes the meeting;

h) The Secretary of the Council approves the minutes according to Form 7a issued together with this Circular.

6. Working procedure of the Expert Group

a) The Leader of the Expert Group unifies and approves the work content;

b) The Expert Group asks questions about issues related to technological progress. Representatives of organizations and individuals with technological progress answer the questions (if any);

c) The Expert Group discusses and evaluates technological progress according to Forms 5a (or 5b) and 6 issued together with this Circular;

d) The Leader of the Expert Group concludes, and the Secretary of the Expert Group approves the minutes according to Form 7b issued together with this Circular.

Article 9. Evaluation and Recognition of Technological Advances

1. Within a maximum of five working days following the formal meeting, the Council or Expert Group shall transfer the entire evaluation dossier and related documents to the Technological Advance Recognition Agency.

In cases where there is agreement with the Council's or Expert Group's conclusion, the Technological Advance Recognition Agency shall notify in writing the organization or individual who applied for recognition within five working days.

In cases where there is disagreement with the Council's or Expert Group's conclusion, the Technological Advance Recognition Agency shall review and make its own decision within five working days.

2. Within thirty working days from the date of receiving the notification, the organization or individual who applied for recognition shall complete the dossier according to the Council's opinion and send it back to the Technological Advance Recognition Agency.

3. Within fifteen working days from the date of receiving the completed dossier, the Technological Advance Recognition Agency shall examine and transfer the dossier to the Science, Technology and Environment Department for coding and numbering in accordance with Article 10 of this Circular. Within ten working days from the date of receiving the coding and numbering document, the Technological Advance Recognition Agency shall issue the Decision on Recognition of Technological Advances.

Article 10. Provisions on Coding and Numbering of Technological Advances

The Science, Technology and Environment Department shall manage and issue codes and numbers for technological advances within three working days from the date of receipt of the dossier transferred by the Technological Advance Recognition Agency.

1. The dossier for coding and numbering includes:

a) The request for coding and numbering of technological advances issued by the Technological Advance Recognition Agency.

b) The completed technological advance dossier supplemented with the Council's or Expert Group's conclusions. The dossier components are as stipulated in Clause 2 of Article 7 of this Circular.

2. Code and number of technological advances: TBKT xx-zz : yyyy/BNNPTNT

Where:

- TBKT is the abbreviation for technological advance.

- xx is the code according to the field: 01 is the agriculture field (crops, plant protection, livestock veterinary, machinery and post-harvest technology); 02 is the forestry field; 03 is the aquaculture field; 04 is the water resources field.

- zz is the number of the technological advance.

The code according to the field and the number of the technological advance are separated by a hyphen (-).

- yyyy is the year of issuance of the technological advance. The number of the technological advance and the year of issuance are separated by a colon (:).

- BNNPTNT is the abbreviation for the Ministry of Agriculture and Rural Development, placed after the issuance year (yyyy) and separated by a forward slash (/).

Article 11. Revocation of Decisions Recognizing Technological Advances

1. Annually, the Technological Advance Recognition Agency shall coordinate with the Science, Technology and Environment Department to organize reviews and revoke technological advances as stipulated in Clause 2 of this Article.

2. Technological advances subject to revocation fall under one of the following circumstances:

a) When the application of the technological advance in practice does not meet the criteria set forth in Article 6 of this Circular.

b) Exceeding the time limit specified in Clause 1 of Article 12 of this Circular.

Article 12. Extension of Effectiveness Period of Technological Advances

1. The validity period of the Decision recognizing technological advances shall not exceed five years. After this period, if the technological advance still has applicability value, the organization or individual shall proceed with the extension procedure.

2. The application for extending the effectiveness period of technological advances is prescribed in Form 8 attached to this Circular.

3. Within ten working days from the date of receiving the application, the Technological Advance Recognition Agency shall organize the examination of the application and issue a decision on extending the effectiveness period of the technological advance. The examination procedures and decision on extending the effectiveness period of the technological advance are carried out in accordance with Clause 2 and Clause 6 of Article 8 of this Circular.

4. The validity period of the Decision extending the technological advance shall not exceed five years. A technological advance can only be extended once.

Chapter III

IMPLEMENTATION

Article 13. Responsibilities of agencies and units under the Ministry of Agriculture and Rural Development

1. Department of Science, Technology and Environment:

a) The focal point for implementing the State management tasks of the Ministry, leading, advising, guiding, supervising, issuing codes and numbers, and compiling reports to the Minister on management activities and recognition of technological advancements.

b) Leading and coordinating with the Technological Advancement Recognition Agency to review, evaluate, and propose the Technological Advancement Recognition Agency to issue decisions to revoke technological advancements that do not meet technological advancement conditions.

2. The Technological Advancement Recognition Agency assigned to manage specific fields shall have the following responsibilities:

a) Receiving applications and organizing the examination for recognition of technological advancements;

b) Issuing Decisions recognizing technological advancements;

c) Cooperating with the Department of Science, Technology and Environment to perform State management tasks related to technological advancements;

d) Inspecting, supervising, handling complaints and denunciations, and dealing with violations in the recognition of technological advancements;

e) Compiling and reporting periodically every six months, annually, and upon urgent requests from the Ministry's leadership on the activities of recognizing technological advancements.

Article 14. Responsibilities of Provincial Departments of Agriculture and Rural Development

1. The focal point for managing the implementation of technological advancement recognition activities at the local level.

2. Compiling and reporting periodically every six months, annually, and upon urgent requests from the Ministry of Agriculture and Rural Development on the results of applying technological advancements in their respective areas.

Article 15. Effectiveness and Implementation Provisions

1. This Circular takes effect from May 10, 2015.

2. This Circular replaces Decision No. 86/2008/QĐ-BNN dated August 11, 2008 of the Ministry of Agriculture and Rural Development promulgating the Regulations on Recognition of Technological Advancements and New Technologies in the Agriculture and Rural Development Sector.

3. In case of difficulties during implementation, organizations and individuals are requested to report in writing to the Ministry of Agriculture and Rural Development for necessary amendments and supplements to ensure compliance./.