Decision No. 14/2005/QĐ-BKHCN Issuing Regulations on Building and Managing International Cooperation Tasks in Science and Technology pursuant to the Protocol

DECISION OF THE MINISTER OF SCIENCE AND TECHNOLOGY

Issuing Regulations on Building and Managing International Cooperation Tasks in Science and Technology Pursuant to Protocols

Pursuant to Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology, and Decree No. 28/2004/NĐ-CP dated January 16, 2004 of the Government amending and supplementing certain articles of Decree No. 54/2003/NĐ-CP;

 

THE MINISTER OF SCIENCE AND TECHNOLOGY

 

At the proposal of the Director of the Department of International Cooperation, the Legal Affairs Department, and the Director of the Office,

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;

These Regulations are hereby promulgated along with this Decision "Regulations on Building and Managing International Cooperation Tasks in Science and Technology Pursuant to Protocols".

 DECISION:

 Article 1. The Directors of the Department of International Cooperation, the Legal Affairs Department, the Director of the Office, the Heads of units under the Ministry, and related agencies and organizations are responsible for implementing this Decision.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 3. REGULATIONS ON THE BUILDING AND MANAGEMENT OF INTERNATIONAL COOPERATION TASKS IN SCIENCE AND TECHNOLOGY PURSUANT TO PROTOCOLS

(Attached to Decision No. 14/2005/QĐ-BKHCN, dated September 8, 2005)

 

1. These regulations apply to international cooperation tasks in science and technology between scientific and technological organizations and enterprises of Vietnam and foreign partners signed by the Minister of Science and Technology (or authorized representative) in protocols (hereinafter referred to as Protocol Tasks).

2. Protocols herein include:

of the Minister of Science and Technology)

PART I

GENERAL PROVISIONS

Article 1. Scope of application

a) Commitment and agreement documents of state leaders with foreign partners and assigned to the Ministry of Science and Technology for implementation,

b) Minutes of meetings of committees, joint mixed committees, and official announcements of coordinators on scientific and technological cooperation between Vietnam and other countries,

c) Agreement documents signed by the Minister of Science and Technology or authorized representative with foreign partners,

d) Minutes of meetings of specialized committees on science and technology of multilateral cooperation organizations of which Vietnam is a member.

Article 2. Objectives of Protocol Tasks

Protocol Tasks have the following objectives:

1. Supporting domestic science and technology tasks to address important scientific issues, serving sustainable development and enhancing the competitiveness of the economy;

2. Assisting domestic scientists to quickly access scientific research conducted by other countries to shorten domestic research time or help resolve research issues that are difficult domestically;

3. Taking advantage of information, technological secrets, especially source technologies and technologies in priority fields from abroad to absorb and improve technology, contributing to enhancing the competitiveness of domestic products;

4. Taking advantage of foreign support for advanced scientific equipment investment to enhance the research infrastructure of domestic scientific agencies, or to analyze complex samples that cannot be carried out domestically;

5. Supporting the enhancement of the capacity of Vietnam's scientific and technological staff according to international standards;

6. Supporting scientific and technological cooperation with traditional and special friendly partners of Vietnam, expanding exchanges and international integration of Vietnam's scientific and technological community with the region and the world, participating as an important part in the country's diplomatic activities.

5. Support to enhance the capacity of the team of science and technology officials of Vietnam to international standards;

6. Support for scientific and technological cooperation with traditional and special friendly partners of Vietnam, expanding exchanges and international integration of the Vietnamese science and technology community with the region and the world, participating as an important component in the country's foreign activities.

Article 3. Sources for Forming the Task of the Protocol

1. Commitments and agreements made by state leaders with foreign partners and assigned to the Ministry of Science and Technology to organize implementation.

2. Scientific and technological topics, experimental production projects under national science and technology programs and independent state-level topics and projects requiring international cooperation in seeking partners or implementing certain joint research contents.

3. Tasks aimed at exploiting the strengths and experiences of other countries to address urgent issues in Vietnam (natural disasters, enemy threats, etc.).

4. Proposals from ministries, agencies equivalent to ministries, provinces, centrally governed cities (hereinafter referred to as managing agencies), scientific and technological organizations, and enterprises to develop science and technology domestically.

5. Proposals from diplomatic agencies of Vietnam abroad, foreign diplomatic agencies in Vietnam, scientific and technological organizations, and foreign scientists.

6. Other sources of proposals.

Chapter II

BUDGET CONSTRUCTION AND REVIEW

SUPPORT FOR IMPLEMENTING THE PROTOCOL TASK

Article 4. Construction of the Protocol Task

1. In accordance with the annual plan construction schedule, based on the national economic and social development strategy, the national science and technology development strategy, the five-year plan for science and technology development, practical requirements, and the sources for forming tasks as stipulated in Article 3 of this Regulation, managing agencies, scientific and technological organizations, and enterprises propose tasks according to the model prescribed in Appendix 1 of this Regulation and submit them to the Ministry of Science and Technology.

2. Based on the proposed tasks as stipulated in Clause 1 of this Article, the Ministry of Science and Technology reviews, compiles, assists in finding foreign partners (if required), conducts negotiations, and signs protocols.

3. After negotiation and signing, the Protocol Tasks will be notified to managing agencies, task leading agencies (scientific and technological organizations, enterprises), and related agencies to arrange into plans and organize implementation.

4. Leading agencies of Protocol Tasks have the responsibility to agree specifically on content, plans, and implementation conditions with foreign partners to implement the tasks.

Article 5. Review of Financial Support from the Science Development Budget for Implementing the Protocol Task

1. According to the annual plan construction schedule, the Ministry of Science and Technology considers providing corresponding financial support from the science development budget for some Protocol Tasks through direct allocation.

2. Protocol Tasks with the following contents are prioritized for consideration of corresponding financial support:

a) Tasks agreed upon by state leaders with foreign partners and assigned to the Ministry of Science and Technology for organization and implementation;

b) Tasks contributing to solving new and advanced scientific and technological issues that are currently being focused on domestically but not yet researched or have not yielded results;

c) Tasks that secure substantial support from abroad to enhance the scientific and technological capacity of Vietnamese scientific and technological organizations in terms of knowledge, technological secrets, advanced scientific equipment, training, and research result transfer;

d) Tasks that secure substantial support from countries to enhance the research and development capabilities of Vietnamese enterprises, thereby strengthening their competitive strength;

đ) Tasks with foreign partners being advanced scientific and technological institutions of international stature and the task leaders having high international reputation.

3. The dossier for reviewing corresponding financial support for Protocol Tasks includes:

a) A letter from the managing agency requesting the Ministry of Science and Technology to provide corresponding financial support from the science development budget for the Task;

b) Detailed description of the Protocol Task according to the model prescribed in Appendix 2 of this Regulation;

c) Relevant documents (which may be bound into a volume) including:

- The protocol approving the task as stipulated in Clause 2, Article 4 of this Regulation;

- Documents signed and agreed between the Vietnamese leading agency and the foreign partner regarding the content, plan, and conditions for implementing the Task;

- Other relevant letters and papers.

4. Procedures for reviewing financial support for Protocol Tasks:

a) Based on the provisions of Clause 2 of this Article, the Ministry of Science and Technology approves the list of Protocol Tasks receiving corresponding financial support from the science development budget;

b) The Ministry of Science and Technology organizes State-level Science and Technology Councils to advise, evaluate, and review the content of approved tasks in the list specified in Point a, Clause 4 of this Article (hereinafter referred to as the Advisory Review Council);

The working method and process of the Advisory Review Council for Protocol Tasks are applied according to the "Regulation on the Working Method of the State-level Science and Technology Advisory Council for Selecting Organizations and Individuals to Lead the Implementation of National-Level Scientific and Technological Topics and Experimental Production Projects," issued together with Decision No. 17/2003/QĐ-BKHCN dated July 18, 2003, by the Minister of Science and Technology. Evaluation criteria and scoring scales for describing Protocol Tasks are implemented according to the model prescribed in Appendix 3 of this Regulation.

c) Based on the Advisory Review Council's work results, the Ministry of Science and Technology reviews the content and budget estimates of the tasks, compiles, and approves the total financial support amount, the leading and principal agencies of the Protocol Tasks.

d) After issuing the decision to approve the total financial support amount as stipulated in Point c, Clause 4 of this Article, the leading and principal agencies of the approved Protocol Tasks are responsible for supplementing and completing the task description according to the audit record of the Ministry of Science and Technology, submitting it to the managing agency and the Ministry of Science and Technology for approval.

Chapter III

ORGANIZATION OF IMPLEMENTATION AND MANAGEMENT OF PROTOCOL TASKS

USING FUNDS FROM THE SCIENCE DEVELOPMENT BUDGET

Article 6. Method of Implementing the Protocol Task

1. The Protocol Task shall be arranged in the annual science and technology activity plan of the managing agencies and shall be implemented according to the contract signed between the Ministry of Science and Technology and the managing agency with the leading and principal agency of the Task in accordance with the model prescribed in Appendix 4 of this Regulation. The approved Task Description is an integral part of the contract that cannot be separated.

2. The Ministry of Science and Technology authorizes the managing agency to decide on sending Vietnamese scientific delegations abroad, welcoming foreign scientific delegations to Vietnam, organizing conferences and seminars according to the plan recorded in the signed contract.

3. In cases where it is necessary to change the content of international cooperation (especially the content of outgoing delegations) or other important research contents leading to changes in the budget estimate, the leading and principal agency of the Protocol Task must submit a written request to the managing agency and the Ministry of Science and Technology for consideration and provide written comments. The reply documents from the managing agency and the Ministry of Science and Technology must be kept in the task file.

Article 7. Responsibilities of the Leading and Principal Agency for Implementing and Managing the Protocol Task

1. To be responsible for the progress and results of implementing the task according to the commitments in the contract.

2. To fully implement regular reporting systems to the managing agency and the Ministry of Science and Technology on the progress of implementation and the situation of using funds for the Protocol Task.

3. To register the results of the Protocol Task with the National Science and Technology Information Center; to register intellectual property rights for research results and publish scientific and technological achievements in specialized journals in accordance with current regulations of the Vietnamese State and agreements with foreign partners.

4. To organize accounting and settlement of funds for implementing the Protocol Task in accordance with current financial regulations of the State; to use state-supported funds for the intended purpose, in accordance with the system and settle accounts according to the approved budget; to return to the state budget any expenditures not in accordance with the approved budget and not in accordance with current financial regulations.

Article 8. Inspection of Progress in Implementing the Protocol Task

1. The Ministry of Science and Technology shall cooperate with the managing agency and other relevant agencies to periodically or unexpectedly (when necessary) conduct inspections on the progress of implementing the contents, the situation of using funds, and other related issues of Protocol Tasks. The inspection results must be recorded in minutes and must be kept in the task file.

2. Based on the inspection results, when necessary, the Minister of the Ministry of Science and Technology may consider adjusting, supplementing, or suspending the implementation of the Protocol Task.

Article 9. Evaluation and Acceptance of the Protocol Task

1. Upon completion of the Task, the Ministry of Science and Technology shall organize the evaluation and acceptance of Protocol Tasks that have used corresponding funding from the science and technology public expenditure budget.

2. The principal of the Task and the leading agency of the Task are responsible for submitting thirteen (13) sets of evaluation files to the Ministry of Science and Technology to organize the national-level evaluation and acceptance (referred to as the Evaluation File), including at least one (01) original set.

3. The evaluation file includes:

a) A letter from the managing agency requesting the Ministry of Science and Technology to organize a national-level evaluation and acceptance of the Protocol Task;

b) The contract (including all appendices and the Task Description);

c) Scientific and technological documents and products of the Task in the quantity and requirements specified in the Contract;

d) Regular reports from the principal and the leading agency of the Task and inspection minutes from the Ministry of Science and Technology and the managing agency;

đ) Design drawings, technological processes (if any), original survey data, logbooks or original data books of the Task;

e) Reports on the testing or application results of the scientific and technological products of the Task (equipment, technology, technological processes, etc.), comments from users and/or measurement and testing documents of the scientific and technological products of the Task from authorized measurement and testing agencies;

g) Financial settlement report of the Task;

h) A report from the principal of the Task evaluating the cooperation contents in the Task according to the model prescribed in Appendix 5 of this Regulation;

i) Comments and evaluations from foreign partners, focusing on cooperation contents, the process of implementing the Task, and some related issues to the results of the Task;

k) The conclusion document of the acceptance committee at the basic level.

4. After receiving the evaluation file, the Ministry of Science and Technology shall organize the establishment of a national-level Science and Technology Advisory Committee to advise on the evaluation and acceptance of Protocol Tasks (hereinafter referred to as the Advisory Acceptance Committee).

For Protocol Tasks in the field of natural sciences and technology, the working methods, procedures, responsibilities of the Advisory Acceptance Committee and individuals involved in the evaluation and acceptance, and the responsibilities of the leading and principal agency of the Task shall be carried out in accordance with Decision No. 13/2004/QĐ-BKHCN dated May 25, 2004 of the Minister of Science and Technology on the issuance of the "Regulation on Evaluation and Acceptance of National-Level Science and Technology Research Projects." The criteria and scoring scale for evaluating and accepting Protocol Tasks shall be carried out according to the model prescribed in Appendix 6 of this Regulation.

For Protocol Tasks in the field of social sciences and humanities, all related procedures for evaluation and acceptance shall be carried out in accordance with Decision No. 01/2005/QĐ-BKHCN dated February 28, 2005 of the Minister of Science and Technology on the issuance of the "Regulation on Evaluation and Acceptance of National-Level Social Science and Humanities Research Projects."

5. Documents, materials, and evaluation files of the results of Protocol Tasks shall be classified, stored, and preserved by the Ministry of Science and Technology and the leading agency of the Task in accordance with current regulations of the State.

Article 10. Settlement and liquidation of contracts

The Ministry of Science and Technology and the Managing Authority of the Protocol Task shall proceed with the liquidation of the contract according to the model prescribed in Appendix 7 of this Regulation with the representative of the Leading Authority and the Head of the Protocol Task after completing the following stages:

1. Having the acceptance evaluation results from the Acceptance Advisory Board;

2. Having confirmation that the research result report has been submitted to the National Science and Technology Information Center under the Ministry of Science and Technology;

3. The products of the Task and the assets purchased with the Task's budget have been inventoried and handed over in accordance with current regulations./.