Joint Circular No. 1438-KHKT/TC guiding the implementation of Decision No. 175-CP dated April 29, 1981 of the Council of Ministers on the signing and execution of economic contracts in scientific research and technology deployment.

CIRCULAR JOINT

OF THE STATE SCIENCE AND TECHNOLOGY COUNCIL - MINISTRY OF FINANCE NUMBER 1438-KHKT/TC DATE NOVEMBER 19, 1983
GUIDELINES FOR IMPLEMENTING DECISION NUMBER 175-CP OF THE STATE COUNCIL ON THE CONCLUSION AND PERFORMANCE OF ECONOMIC CONTRACTS IN SCIENTIFIC RESEARCH AND TECHNOLOGICAL APPLICATION
On April 29, 1981, the State Council issued Decision No. 175-CP on the conclusion and performance of economic contracts in scientific research and technological application.

Based on Article 4 and Article 5 of the Decision, after reaching agreement with the National Economic Arbitration Board, the State Science and Technology Council and the Ministry of Finance issue this Circular to explain, guide, and specify the procedures for concluding and performing economic contracts in scientific research and technological application.

PURSUANT TO Article 4 and Article 5 of the Decision, after consultation with the State Economic Arbitration, the State Committee for Science and Technology, and the Ministry of Finance, this Circular is issued to explain, guide, and specify the signing and implementation of economic contracts in scientific research and technological application.

1. Up until now, in the field of scientific research and technological application, socialist cooperation between scientific research and technological application agencies among themselves or with state-owned economic establishments has contributed to promoting scientific and technological progress in production and daily life, utilizing existing scientific and technological potential, enhancing social cooperation and labor division, creating favorable conditions for the construction and completion of scientific and technological plans, and encouraging material incentives for scientific and technical personnel.
However, during the process of cooperation, as well as in the inspection and handling of violations and disputes between the parties to the contracts, difficulties have arisen due to the lack of legal binding, economic bases for handling disputes between the contracting parties, thus failing to establish a pattern of socialist cooperation in coordination in research.

1. Up until now, in the field of scientific research and technological application, socialist cooperation between scientific research and technological application agencies among themselves or with state-owned economic establishments has contributed to promoting scientific and technological progress in production and daily life, enhancing existing scientific and technological potential, strengthening social labor cooperation and division, creating favorable conditions for the formulation and completion of scientific and technological plans, and encouraging material incentives for scientific and technological personnel.

However, during the process of cooperation, as well as in the inspection and handling of violations and disputes between the parties to the contracts, difficulties have arisen due to the lack of legal binding, economic bases for handling disputes between the contracting parties, thus failing to establish a pattern of socialist cooperation in coordination in research.

In many cases, the parties have signed contracts with each other according to the legal provisions of economic contracts applicable to the production sector, but from that point on, many difficulties have emerged because the principles of the aforementioned economic contract system have not fully considered the special nature of scientific and technological activities.

This Circular guides and specifies the signing and implementation of economic contracts in the field of scientific research and technological application between scientific research and technological application agencies (hereinafter referred to as research and application agencies) among themselves or with state-owned economic establishments to address scientific and technological issues.

b- State and collective economic production, business, and service establishments (associations of enterprises, enterprises, construction sites, state-owned agricultural farms, joint public-private economic establishments, handicraft cooperatives, agricultural cooperatives, and service cooperatives, etc.).

a- Research and application institutions (institutes, universities and specialized secondary schools, centers, stations, farms, points, etc.) under Ministries, State Committees, and agencies directly under the Council of Ministers; under provinces, cities, and central special zones.

b- State and collective production, business, and service establishments (State Enterprise Associations, enterprises, construction sites, state-owned agricultural farms, joint economic enterprises, small-scale industrial, agricultural, and service cooperatives, etc.).

Economic contracts must be directly signed between the relevant parties. The signatories must be representatives of legal entities (Directors or heads of departments authorized in writing by the Director). In cases where the agency does not have full legal capacity, the Director may sign the contract if authorized in writing by a higher-level entity with legal capacity. The person authorized in the document must personally sign the contract and cannot delegate another person to sign it in any form.

- Studying, designing, and testing new varieties, products, techniques, and technologies;

- Reporting on economic, social, scientific, and technological situations, resources, and natural conditions;

- Scientific reports on research topics, comprehensive reports on economic and social issues, etc.;

- Establishing standards, norms, and regulatory documents;

b- Scientific and technological service activities include:

- Guiding and organizing the implementation of the application of advanced technology in production;

- etc...

- Conducting assembly, trial operation, calibration, and repair services for experimental equipment, measuring instruments, and scientific and technological equipment;

- Analyzing test samples of materials and products;

- Compiling technical and operational guidance documents;

- Processing data;

- Preparing economic and technical justifications, project proposals, and problem-solving projects;

- Developing programs and computational services;

c- Production activities serving research and application include:

- Producing materials and equipment for research and application activities;

- etc...

- Producing experimental products that are not yet or not capable of being applied on a large scale in production.

4. These types of activities are concluded to fulfill the following tasks:

a- Tasks included in the scientific and technological plan, including key scientific and technological advancement topics at all levels.

Contracts aimed at implementing projects under key scientific and technological advancement topics must be approved by program management agencies (contracts under national-level topics must be approved by the State Science and Technology Council. The main agency responsible for key scientific and technological advancement topics can only be authorized to conclude contracts to implement part of the topic).

b- Tasks not included in the scientific and technological plan and key scientific and technological advancement programs at the ministry and national levels. These contracts shall not hinder the completion of the state plan and shall not contravene the functions and responsibilities stipulated in the organizational and operational regulations of the contracting parties.

Contracts aimed at implementing projects under key science and technology programs must be approved by management agencies (contracts under national-level programs must be approved by the State Committee for Science and Technology. The leading agency of a key science and technology program can only sign a contract to implement part of the program).

b- Tasks not included in the science and technology plan and key science and technology program at the Ministry and national levels. These contracts shall not hinder the completion of the state plan and shall not contravene the functions and responsibilities stipulated in the organizational and operational regulations of the contracting parties.

5. BASED ON Point 1, Article 2 of Decision No. 175-CP, the contracting parties have the right to decide on the signing of the contract; on the content, schedule of implementation of the program; on the payment method of the contract and other terms, provided that such terms do not contravene current legal provisions.

6. In case of disputes or breaches of contract, the contracting parties shall handle violations and disputes based on state regulatory documents, Government Council Decision No. 175-CP, and the provisions of this Circular.

The parties have the right to request their immediate superiors to examine and negotiate with each other to resolve the issues.

If the superior authorities of the contracting parties have participated in resolving the dispute without success, both parties have the right to appeal to the competent Economic Arbitration (hereinafter referred to as Economic Arbitration) for resolution.

II. PROCEDURES FOR SIGNING AND CONTENT OF THE CONTRACT

1. The parties are responsible for completing all necessary procedures before signing the contract, paying attention to the following matters:

a- The ability to cooperate between the two parties (especially the needs and capabilities to fulfill and settle the contract) of both parties having legal person status;

b- The content of the project; the portion of work planned to be contracted within the entire project;

c- The time of signing the contract.

2. The contract document must follow Model Form No. 1 attached as an appendix to this Circular.

The contract document shall be made in duplicate, each party holding one copy, which shall have equal validity. Both parties are responsible for making copies of the contract document to send to their immediate superiors for reporting and to relevant authorities for information.

3. In addition to the contents specified in Form No. 1 in the appendix attached to this Circular, the contracting parties may agree on additional terms suitable for the specific conditions of each project. Such additional terms shall only be valid if recorded in the contract document.

III. RESPONSIBILITIES AND LIMITATIONS OF THE CONTRACTING PARTIES AND SUPERIOR AUTHORITIES
AND AUTHORITIES AT SUPERIOR LEVELS

After signing the contract, the parties are obligated to closely cooperate and regularly monitor and assist each other to fully and strictly implement the signed terms.

1. The party assigning the contract has responsibilities and authorities:

a- To pay the advance payment to the receiving party according to the time and method stipulated in the contract.

The aforementioned advance payment must comply with the financial regulations at Point 5, Section V of this Circular.

b- To transfer materials, equipment, and information serving the implementation of the contract to the receiving party according to the commitments made in the contract.

c- To inspect the implementation of the contract.

d- During the implementation of the contract, to negotiate with the receiving party to adjust the signed contract to suit the actual situation.

2. The party receiving the contract has responsibilities and authorities:

a- To register the topic in accordance with current legal regulations.

b- To comprehensively and directly manage the implementation of the contract in accordance with the provisions of the contract.

c- Upon receipt of materials, equipment, information, and capital from the assigning party, the receiving party must manage and use them in accordance with the current state regime.

d- To report on the results of implementing the contract and to accept inspections by the assigning party regarding the fulfillment of the commitments made in the contract.

3. Depending on their scope of responsibility, state management agencies need to create favorable conditions for the parties to properly implement the contract while also paying attention to inspecting the implementation of the contract.

4. The immediate superiors of the two parties have the responsibility to coordinate with each other to resolve complaints and suggestions from subordinates, creating favorable conditions for the implementation of the contract.

5. After completing part or all of the project, the acceptance procedures must be carried out in accordance with current legal regulations. At the same time, the following procedures should be noted:

a- At least 30 days before conducting the acceptance, the receiving party must notify the delivering party in writing of the acceptance time, unless otherwise specified in the contract.

b- The acceptance method, location, and membership of the Acceptance Board must comply with the provisions of the contract and not contravene current regulations on evaluating and accepting research and application projects.

Upon receipt of the notification from the receiving party, if the delivering party has no other comments, both parties will proceed with the acceptance according to the time specified in the notification. In the event that the delivering party is absent during the acceptance, the receiving party must inform the direct superiors of both parties to organize a second acceptance and compel the delivering party to participate.

The assigning party shall bear full responsibility for all consequences and pay all costs resulting from its absence and delay in accordance with Points 1c and 2b, Section VI of this Circular.

6. An acceptance record must be established during the acceptance process. The acceptance record must follow the spirit of Form No. 2 in the appendix of this Circular. In case of violations or disputes, one of the two parties has the right to appeal to Economic Arbitration for resolution.

7. After acceptance, the receiving party must transfer the entire or partial project to the delivering party according to the time, location, quantity, quality, type, and means of transfer as stipulated in the contract. Reporting on the results of the project and submitting copies for archiving must comply with current legal regulations.

8. After transferring the project, the contracting parties must proceed to liquidate materials, equipment, and other assets serving the contract in accordance with current legal regulations.

IV. AMENDMENT AND CANCELLATION OF THE CONTRACT

1. After signing the contract, it may be amended if one of the following situations occurs:

a- Both parties agree to amend the contract to adapt to new scientific and technical issues arising;

b- The two parties sign a contract due to mistake, negligence, due to insufficient scientific basis, or the contract does not comply with certain current legal provisions. In this case, the two parties shall negotiate to amend the contract and notify relevant authorities.

The terms of the contract amendment and supplement must be recorded in writing and attached to the original contract as a basis for inspection and acceptance of the contract.

2. Within no more than thirty days from receiving the letter requesting to amend the contract, the two parties must agree on the content of the new contract and sign a supplementary contract. If they fail to do so, the two parties have the right to negotiate to terminate the contract in accordance with the provisions set out in point 3, Section IV below.

3. The contract may be canceled if one of the following situations occurs:

a- It is impossible to resolve disputes regarding the amendment of the contract as stated in Section 2 above. In this case, the party proposing to terminate the contract must notify the other party in writing at least fifteen days before ceasing to perform the contract.

b- Both parties agree to terminate the contract.

c- Natural disasters, enemy attacks, or unforeseen accidents that cannot be overcome, making it impossible to fulfill the contract. In such cases, the recipient of the contract must notify the giver in writing within seven days after the accident occurs. Within fifteen days from receiving the notification, even though the contract has been terminated, the giver of the contract must cooperate with the recipient to take all measures to mitigate the damage.

d- During the performance of the contract, the direct superior authority of both parties may decide to terminate the contract for the following reasons:

- The signed contract may harm other national economic sectors; or

- The signed contract is unfeasible or cannot be implemented.

In this case, the superior authority must notify the signing parties in writing at least sixty days before terminating the contract.

If they disagree with the termination of the contract, within thirty days from the date of receipt of the termination notice, both parties must report to the superior authority and request assistance from relevant authorities to resolve the issue.

e- If one of the two parties breaches the commitments stipulated in the contract, making it impossible to fulfill the contract, despite having been officially notified at least once by letter, then the party proposing to terminate the contract must notify the breaching party in writing about their intention to terminate the contract.

After thirty days from the date of sending the notification, if the breaching party does not respond, the proposing party has the right to unilaterally terminate the contract.

V. FINANCIAL MATTERS, PRICES AND CONTRACT PAYMENTS

Based on Point 3, Article 2 of Decision No. 175-CP, the guidance on prices and contract payments is as follows:

1. The total estimated budget value of the research and development project includes the estimated cost of the project plus a fixed profit margin.

2. The cost of the project must include expenses for materials, energy, depreciation, labor costs, and other related costs necessary for the performance of the contract, ensuring full and reasonable compensation for the scientific and technical labor of the staff implementing the contract.

The receiving party is responsible for establishing the estimated cost of the project in accordance with current legal regulations.

3. The fixed profit margin referred to in Point 1 above is temporarily defined as follows:

a- For projects where direct economic benefits cannot be calculated or for projects implementing political tasks that require state subsidies or loss compensation, the average profit rate is ten percent of the budgeted cost of the project.

b- For projects applying advanced technology to production and daily life, generating specific economic and social benefits that can be quantified in monetary terms, the fixed profit margin is calculated according to the table below:

c- If the recipient fully performs the conditions stipulated in the contract, the project achieves good quality, is handed over on time, and is confirmed by the Acceptance Committee, the two parties may agree to increase the profit rate up to one and a half times the prescribed level.

d- If there are measures to increase labor productivity, apply optimal solutions and improvement initiatives, rationalization proposals, or cost-saving measures that reduce actual costs below the budgeted cost of the project while still fulfilling all terms of the contract, the recipient may consider the difference between the budgeted cost and the actual cost as profit and use this amount according to the provisions in point 7 below.

4. Prices used to establish the project budget.

a- For types of materials, equipment, raw materials, and labor that have quotas and state-guided prices, and the giver ensures supply to the recipient according to the quota and state-guided price, the two parties shall budget and settle the project according to the quota and state-guided price.

b- For types of materials, equipment, raw materials without quotas, and the giver is unable to supply the recipient according to the quota and state-guided price, the two parties may budget the project cost based on agreed prices and report to the competent authority for approval.

If beyond the preparation period for the contract, the competent authority does not issue official quotas and prices for the implementation of the contract, the two parties may proceed and settle the project based on agreed prices and actual usage.

c- The price at the time of signing the contract serves as the basis for payment unless the contract specifies price adjustments over time.

5. The advance payment specified in Point 1a, Section III of this Circular is determined according to the following principles:

a- For recipients of contracts who have not yet implemented economic accounting systems, the giver may temporarily advance up to thirty percent of the total budgeted cost of the project. During the implementation process, depending on the progress achieved, the two parties may agree to additional advances, but the total amount of advances during the contract period shall not exceed eighty percent of the total budgeted cost of the project.

b- Units that have implemented economic accounting systems, received working capital and credit funds, may use these funds to implement the contract. Settlement will occur upon completion of each part or the entire project.

6. Funds for implementing the contract may be sourced from the following:

a- Funds for scientific research and technological investigation activities;

b- Self-owned funds of the base unit used for the implementation of research results and the application of advanced technology (science and technology development fund or production promotion fund);

c- Other sources of funds permitted by current legal regulations.

7. After acceptance, transfer, partial or full settlement of the project, and termination of the contract in accordance with the provisions in points 5, 6, 7, and 8 of Section III of this Circular, the profits specified in point 3 (including c and d) above shall be distributed as follows:

a- Allocate 20% to the State Budget.

b- Allocate 30% to supplement the scientific and technological development fund of the entity.

c- Allocate 30% to supplement the incentive fund of the entity.

d- Allocate 20% to supplement the collective welfare fund of the entity. The use of these funds must comply with current legal regulations applicable to research and development institutions.

VI. SETTLEMENT OF DISPUTES AND CONTRACT VIOLATIONS
AND VIOLATIONS

Based on Article 3 of Decision No. 175-CP, the settlement of disputes and contract violations is hereby guided as follows:

1. Parties participating in the contract violate procedures for supplying materials, equipment, and information; performing acceptance, termination, and transfer of project results, and other settlement procedures, as well as unilaterally amending or terminating the contract outside the cases specified in point 1a, 1b, and 3a, 3b, 3c, 3d, Section IV of this Circular, but without causing material damage, shall pay a fine to the state budget instead of compensation.

The amount of this fine shall be deducted from the incentive fund or the collective welfare fund of the violating party and determined as follows:

a- For violations concerning quantity, quality, type, and means of supplying materials, equipment, and information without causing material damage, the amount mentioned is two percent of the total budgeted cost of the project;

b- For cases of violation concerning the time of material supply, equipment, and information, as well as the time of responding to notifications, without causing material damage, the aforementioned amount shall be as follows:

- 2% of the total budgeted value of the project if the violation period is less than 30 days;

- From the second month onwards, an additional 1% per month, but the total fine amount shall not exceed 30% of the total budgeted value of the project.

c- For cases of violation concerning the procedures for inspection, transfer of the project, and contract termination without causing material damage, the aforementioned amount shall be equal to 3% of the total budgeted value of the project.

d- For cases of violation concerning the procedures and time of payment for the project without causing material damage, the aforementioned amount shall be equal to 2% of the delayed payment amount.

2. If one of the parties to the contract violates the contract's provisions, causing material damage (including the case specified in point 3e, Section IV of this Circular), they must pay a contract violation fine to the state budget in accordance with the provisions in point 1 above, and simultaneously be required to compensate the damaged party an amount corresponding to the actual material damage, if the contract does not specify other forms of compensation. This amount is deducted from the incentive fund and collective welfare fund of the entity. If the total compensation amount is too large, or the two funds mentioned above are insufficient, then it can be deducted from the scientific and technological development fund (for research and development entities) or the production encouragement fund (for production and business entities).

The method of determining the compensation amount shall be decided by mutual agreement between the two parties based on the records of material and equipment delivery and information exchange.

The inspection and handover report of the project and the liquidation of assets after completing the contract shall be compared with the provisions in the contract, while referring to current legal documents. The principle of compensation is determined as follows:

a- In cases where there is a violation of the quantity, quality, and type provisions in the contract, the party in breach must use the compensation amount to remedy the consequences until the required quantity, quality, and type as stipulated in the contract are met.

b- In cases where there is a violation of the time, location for project acceptance, asset liquidation, and payment for the project, or other commitments that cannot be remedied by using the compensation amount to re-implement the contract provisions, the party in breach must use the compensation amount to remedy the consequences to a certain extent, striving to minimize losses according to the requirements of the aggrieved party.

3. In cases specified for contract amendment and cancellation at points 1a, 1b, 3a, 3b, 3c, 3d, Section IV of this Circular, the parties signing the contract are not subject to breach penalties and shall negotiate to settle arising damages based on actual expenses.

4. In case of disagreement or disputes arising, the superior authority of both parties shall discuss and guide the lower level to handle the violation.

If the superior authority has participated in resolving the issue without success, the contracting parties have the right to directly appeal to the Economic Arbitration for resolution.

VII. IMPLEMENTATION PROVISIONS

1. This Circular takes effect from the date of signature.

2. All guiding provisions for implementing Decision No. 175-CP by sectors, localities, and entities must comply with the spirit of this Circular.

ATTACHMENT 1

ANNEX

DOCUMENTProvince (CityTION COMMEN

 

 Order number...day...month...year...of the delivering party;

WHEREAS,ứ Reply letter number...day...month...year of the receiving party;Based on the exchange and discussion between the two parties,The delivering party is: (name of the entity)...

WHEREAS,ứAddress...Account number...Bank...The delivering party represented by Mr./Ms....position(or authorized by power of attorney number...day...month...year...attached to the

contract).inThe receiving party is: (name of the entity)...The receiving party represented by Mr./Ms....position

The delivering party is: (name of entity)...

Independence - freedom - happinesscontract.

Both parties agree to sign the contract.…CONTRACT The receiving party commits to implement the research project (or deployment; scientific and technological service; production serving scientific and technological activities)below: (1)(Project title, code number, summary content and component projects, if any)...national5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.Article 2.

 The receiving party commits to implement the projectin accordance with the content, time, place, quantity, and quality as stipulated in the contract and agreed upon by both parties on

Independence - freedom - happinesscontract.

...day...month...year...and attached to the contract, which is a fundamental condition of the contract.…CONTRACT The receiving party commits to implement the research project (or deployment; scientific and technological service; production serving scientific and technological activities)below: (1)The project will commence on...day...month...year...and notify the delivering party beforenational5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.Article 2.

Both parties agree to sign.

TAR YTION COMMEN

 

ArticleArticle 1. The implementation of the projectt đis divided into...phases.Phase 1 is completed before

...day...month...year...and notify the delivering party before...day...month...year...t and the pointsof the component (if any)...

 

ArticleArticle 2. The receiving party commits to performing the project in accordance withthe content, timeframe, andcouncillORSagreedpoints, quantity and quality in the plan attachedt lưnationalng quy địnhcouncillORSand agreed upon by both parties.on on...day...month...year...No.The plan attached to the contract is a fundamental term of the contract.On...day...month...year..., and notify the assigning party on...day...month...year...

Independence - freedom - happinessonArticle 3.national5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular. The implementation of the projectwill be divided into...stagesStage 1 will be completed by... another agency... Amount5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.Auction principles:

Agency    amendMethod of operation of the Householdớ is based on current legal regulations.

 

ArticleArticle 11. In case the Household acceptance decision requires additional work to complete the project, the costs will be borne by the assigning party...%, included in the project cost, and the receiving party bears...% (2). forwardednationalArticle 12.periodArticle 1. Amending and supplementing some articles of Circular No. 54/2013/TT-BGTVT dated December 16, 2013 of the Minister of Transport on officers inspecting seagoing vessels

 The costs for the acceptance of the contract (including operating equipment testing costs; quality inspection costs, measurement costs, and acceptance ceremony costs, etc.) shall be included in the project cost. (3)periodArticle 13.ớc day... month... year... and notify the receiving party.ớ is based on current legal regulations.

 The costs for the acceptance of the contract (including operating equipment testing costs; quality inspection costs, measurement costs, and acceptance ceremony costs, etc.) shall be included in the project cost. (3)ạn 2…

 The costs for the acceptance of the contract (including operating equipment testing costs; quality inspection costs, measurement costs, and acceptance ceremony costs, etc.) shall be included in the project cost. (3)ạn 3…

 

ArticleArticle 4:.The parties agree on the inspection of the performance of the contrac5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.t at the following times:oints:The first time not later than day... month... year... (or during the period of completion of phase...

as stipulated in Article 3).The second time…The third time…Article 5.periodThe delivering party commits to transferring to the receiving party the initial information (design drawings, original statistical data documents, etc.) and samples (product samples, raw material samples, technology samples, etc.) along with the framework as stipulated in Clause 2 on day... month... year... according to the list below:Name of initial information or sample CONNumber/Code

The second time...

The nth time...

 

ArticleArticle 6.The delivering party commits to transferring to the receiving party the items, equipment listed below for the purpose of performing the contract:NumberName of itemNumber/Machine codeMachine history numberPriceArticle 7.The delivering party commits to providing a prepayment of 80% of the total estimated value of the project from... x 1000 VND. The amount of the advance payment will be transferred in the following installments:onFirst installment is... x 1000 VND (not exceeding 30% of the total estimated value), on day... month... year...Name of initial information or sample CONonSecond installment is... x 1000 VND on day... month... year...TRAC Article 8.The total estimated value of the project is determined by the sum of two amounts:

 

 

Article2. The profit amount is... x 1000 VND will be transferred by the delivering party to the receiving party not later than... days after the receiving party transfers the entire project.Article 9.After completing each part and the entire project as stipulated in Article 3 of the contract, both parties must inspect each part and the entire project according to current legal regulations. The acceptance and handover report signed by the Inspection Team will be handed over to the delivering party together with the project results.Article 10.The Inspection Team consists of... members from the delivering agency,... members from the receiving agency, and... invited members from other agencies...ớNumberAgency5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.Method of operation of the Inspection Team is based on current legal documents.

                                                          

 

ArticleAfter inspecting the project, the receiving party must transfer all project results to the delivering party on day... month... year... at province (city)... using means such as (train, car, postal service, direct handover, etc.).The transportation costs will be included in the project cost.Article 14.Both parties agree that the contract termination period shall not exceed... days after the transfer of all project results.The place of contract termination is province (city)...Article 15.Both parties commit to the form of use of the project results as follows: (4)1. Party... is the owner of the exclusive rights to the project results (the right to publish, reproduce, or own patents, inventions, or know-how if any).

2. The delivering party owns...% and the receiving party owns...% of the profits generated by the project within... years.After this period, the ownership will fully belong to the party...Before transferring the project, both parties commit to keeping the project confidential. The level of confidentiality of this project is... (secret, top secret, absolute secret, or no need for confidentiality).Article 16.

Any party violating the contract or causing material damage must pay a fine and compensate according to current legal regulations.Additionally, both parties commit to additional forms of handling contract violations as follows:...Article 17.If the receiving party completes the project ahead of the committed schedule of... days (or exceeds the quality standards, meets the requirements specified in the contract, and the supplementary conditions attached to the contract) and is confirmed by the Inspection Team, the delivering party voluntarily increases the profit amount of the project by...%.

The nth installment is...

 

ArticleThis contract takes effect from the date of signing. The contract is made in two identical copies, one copy held by each party and... copies sent to relevant authorities. (5)REPRESENTATIVE OF THE DELIVERING PARTY forwardednational(Signature)REPRESENTATIVE OF THE RECEIVING PARTYas follows:

(Payment stamp or Finance Department stamp)ACCEPTANCE REPORT OF THE CONTRACTAuction principles:

1. Name of the delivering agency and name of the receiving agencynational5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.- Name and position of each representativewill be divided into...stagesStage 1 will be completed by... another agency... Amount5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.Auction principles:

2. Inspection Team:- List of members, assigned to which agencyớ3. Name of the research and development project:Original contract, number... code... signed on day... month... year...

Any outstanding amount will be paid by the transferring party to the receiving party not later than... days after settling the project.

Any surplus amount must be returned by the receiving party to the transferring party not later than... days after settling the project.

4. List of accepted results:a) Units base on the accounting account system issued in this Circular to apply appropriate accounting accounts suitable for their activities.ịnh mứName of resultAcceptance deadlineQualityPrice

 

ArticleOther termsAccording to the contract5. Disputed items:- Content of dispute đName of initial information or sample CON- Voting conclusion5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.6. Conclusion of the Inspection Team: - On the accepted project- On parts requiring rectification, repair, or re-executioni đ- On compensation- On disputes referred to economic arbitration for resolutionconcerning the classification and determination of state management authority in the field of crop productionREPRESENTATIVE OF THE DELIVERING PARTY                                                                  SIGNATURE

 

Article(Signature andSignature of Inspection Team members.i đDate of acceptance... day... month... year...ANNEX TO THE CONTRACT|||(1) Strike out types of projects not covered by this contract.(2) If the parties agree on Clause 11 when signing the contract, strike it out. After the project acceptance, the receiving party must transfer all project results to the assigning party on...day...month...year...at the province (city)...by means of... (ship, car, mail, handover, etc.).

 

 

 Both parties agree that the contract termination date shall not be later than...days after transferring all project results.The place of contract termination is the province (city)...t đArticle 15.i đ- On compensation Both parties commit to the form of using the project results as follows: (4)ứ1. Party...is the owner of the project results (exclusive rights to publish, reproduce, photograph, or own patents, inventions, or know-how if any...).2. The assigning party owns...% and the receiving party owns...% of the profits generated by the project within...years.

 

ArticleAfter this period, full ownership belongs to the...Before transferring the project, both parties commit to keeping the project confidential. The project is classified as... (secret, top secret, absolute secret, or no need for confidentiality).Article 16.i đ Any party violating the contract or causing material damage must pay a fine and compensate according to current legal regulations.t đIn addition, both parties agree to additional forms of handling contract violations as follows:...

 

ArticleArticle 17. If the receiving party completes the project ahead of schedule by...days (or exceeds the quality standards specified in the contract and the attached agreement) and is confirmed by the acceptance contract, the assigning party voluntarily increases the profit margin of the project by...%.5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.Article 18.After completing each part and the entire project as stipulated in Article 3 of the contract, both parties must inspect each part and the entire project according to current legal regulations. The acceptance and handover report signed by the Inspection Team will be handed over to the delivering party together with the project results. This contract takes effect from the date of signature. The contract is made in two identical copies, each party retains one copy and it is duplicated into...copies sent to relevant authorities. (5)t lưnationalREPRESENTATIVE OF THE ASSIGNING PARTY(Signature)t đArticle 15.i đREPRESENTATIVE OF THE RECEIVING PARTY

 

Article Finance DepartmentACCEPTANCE RECORD OF THE CONTRACT1. Name of the assigning agency                     Name of the receiving agency2. Contract acceptance:- List of members, assigned to which agencyT I3. Name of the research and development project:Original contract, number...signing date...signed on...day...month...year...

Transportation costs are included in the project cost.

 

Article- Names of accompanying scientific and technical documents4. List of accepted results:5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.Item name Independence - freedom - happinesscouncillORSagreedQuantity5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.Quality

 

ArticlePriceOther termsAccording to the contract

5. Disputed items:- Content of dispute.- Voting conclusion

6. Conclusion of the Contract Acceptance Committee:- Regarding the accepted project.

After this period, full ownership belongs to the party...

N THE- Regarding disputes referred to economic arbitration for resolution.REPRESENTATIVE OF THE ASSIGNING PARTY                                                                  Signaturenational(Signature andịnh mức đ ||| c đSignature of the acceptance committee members.

 

ArticleDate of acceptance...day...month...year...NOTE TO THE ANNEX OF THE CONTRACT5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.(1) Strike out types of projects not applicable in this contract.(2) If during the signing of the contract, both parties agree on Article 11, strike out the agreed time frame for calculating and paying the non-included costs.This Resolution takes effect from the date it is adopted by the National Assembly.The temporary contract period is not to exceed...months. If necessary, both parties may increase these costs after "..."(4) During the signing, if both parties have not agreed on Articles 11 and 12, strike out

- If necessary, both parties may agree on another usage method allowed by current legal regulations and record it in the contract.5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.ồ(5) Prior to agreeing on Article 18, if necessary, both parties may agree on additional terms within the legal framework and record them.

 

ArticleArticle 17. Ifthe receiving party completes the project ahead of the committed time by... days (orexceeds the quality standardconcerning the classification and determination of state management authority in the field of crop productionspecified in the contract) and is confirmed by the Acceptance Committee, then the contracting party voluntarily increases the profit margin of the project by...%.CASE OF AQUALITY St lưnationalmanagement- Content of dispute đcouncillORSand agreed upon by both parties.onTANDARD BEINGnational5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.ồMET, IN ACCORDANCE WITH THE CONTRACT REQUIREMENTS AND CONFIRMED BY THE ACCEPTANCE CONTRACT, THE PARTY HANDING OVER VOLUNTARILớY INCREASES THE PROFIT MARGIN OF THE PROJECT BY …%FROM THE BASELINE ANDQUALITY St lưATTACHED TO THE5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.ồCONTRACT) AND IS ACKNOWLEDGED BY THE ACCEPTANCE CONTRACT.CONTRACTi đ                                                                 Sa) Units base on the accounting account system issued in this Circular to apply appropriate accounting accounts suitable for their activities.(SIGNATURE ANDArticle 14.Auction principles:

 

ArticleArticle 18. This Contract shall take effect from the date of signing. The Contract shall be made in two original copies of equal value, each to be kept by one party and copied into... copies sent to relevant authorities. (5)5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.ATTORNEY FOR THE CONTRACTING PARTY5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.(Signature)ATTORNEY FOR THE RECEIVING PARTY Paid in advance orforwarded to the Finance OfficeMINUTES OF ACCEPTANCE1. Name of the contracting agency

 

 

ANNEX

- Scientific and technical program name..., number..., marked...TION COMMEN

 

- Names of accompanying documents, scientific and technical materialsnational5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.ồ4- List of accepted results:Name of5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.2,340,000 VND x 0.20 = 468,000 VND

inspected itemThis Resolution takes effect from the date it is adopted by the National Assembly.i đTime limit

Qualityi đCost

Other termsại diệAccording to the Contract

3- Name of research and development project:

- Contract with foreign contractor (copy).5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.- Content of dispute.- Voting conclusion

6. Conclusion of the Acceptance Minutes.on- On the accepted project.- On parts that need to be rectified, repaired, redone,

- On compensation.- On disputes referred to the Economic Arbitration for resolution.

4- List of accepted results:

 

 

5. Disputed items:

The provisional contract amount shall not exceed... . If necessary, the two parties willa) Units base on the accounting account system issued in this Circular to apply appropriate accounting accounts suitable for their activities.increase that cost later ".

- Voting conclusion

of signing, the two parties have not agreed on ownership rights or partial ownership and strike outi đCost

- On the inspected project.

- On parts requiring rectification, repair, or re-execution.

(5) Prior to the commitment in(2) If during the signing of the contract, both parties agree on Article 11, strike out the agreed time frame for calculating and paying the non-included costs.Article 18, if deemed necessary, the two parties may agree on additional

terms within the framework of applicable laws and must record it5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.in the document".

 

Independence - freedom - happinessDIENT OF THE PARTY HANDING OVER                                                                  S2. Acceptance Minutes:

(SIGNATURE AND under this Contract- Name of representative of each side, position

SIGNATURE OF THE MEMBERS OF THE ACCEPTANCE CONTRACT)i đON THE DATE OF … MONTH … YEAR ...

Independence - freedom - happinesscouncillORSagreedNOTE TO THE ANNEX TO THE CONTRACT(1) STRIKE OUT THE TYPES OF PROJECTS NOT INCLUDED IN THE

 

CONTRACT.TION COMMEN

(2) IF AT THE TIME OF SIGNING THE CONTRACT, BOTH PARTIES AGREE TO STRIKE OUTc đ ||| c đNo.Signature of the Acceptance Committee members.THE PROVISIONS OF ARTICLE 11 THEN STRIKE OUT5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.THE AGREEMENT ON THE TIME PERIOD FOR CALCULATION AND PAYMENT OF THE AMOUNT OF UNFORESEEN EXPENSES.

(3) THE TEMPORARY CONTRACT SHALL NOT EXCEED ... CONTRACT. IF NECESSARY, BOTH PARTIES WILLoints:AGREE TO INCREASE THAT EXPENSE AFTER ".5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.(4) IF AT THE TIME OF SIGNING THE CONTRACT, BOTH PARTIES HAVE NOT REACHED AN AGREEMENT ON TWO PROVISIONS RELATING TO OWNERSHIP RIGHTS OR PARTIAL OWNERSHIP RIGHTS AND STRIKE OUT- IF NECESSARY, BOTH PARTIES MAY AGREE ON ANOTHER METHOD OF USE PERMITTED UNDER CURRENT LEGAL DOCUMENTS AND MUST RECORD IT IN THE CONTRACT DOCUMENT".(5) EXCEPT AS PROVIDED IN ARTICLE 18, IF NECESSARY, BOTH PARTIES MAY AGREE ON SOME OTHER PROVISIONS WITHIN THE FRAMEWORK OF APPLICABLE LAW AND MUST RECORD IT IN THE CONTRACT DOCUMENT".POINT 4 SECTION 2 PART III IS AMENDED AS FOLLOWS:nationalc. DeleteArticle 11.. Instead, the two parties agree to meet each other to calculate and settle the amount of unforeseen expenses."Agreement on the timeoints:of meeting to calculate and settle the amount of money forpre-existing non-wage expenses.Temporary agreementshall not exceed ... days. If deemed necessary, both parties willThis Resolution takes effect from the date it is adopted by the National Assembly.increase such costs later."ớ The receiving party commits to implement the research project (or deployment; scientific and technological service; production serving scientific and technological activities)(4) During the period,

(3) If deemed necessary, the two parties may agree that: "The amount for the acceptance of the provisional contract shall not exceed ... VND. If deemed necessary, the two parties will increase this cost later."5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.if both parties have not agreed on twoclauses regarding ownership rights or partial ownership and deletecouncillORS- If deemed necessary, both parties may agree on anothernationalCASE OF Anationalmethod of use permitted under current laws and must be recordedin the contract."The receiving party is: (name of the entity)..., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP(5) Prior to Article 18, if deemed necessary, both parties have the right to agree on some

additional terms within the scope allowed by law and must be recordedoints:AGREE TO INCREASE THAT EXPENSE AFTER ".5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.ồin the contract."(5) EXCEPT AS PROVIDED IN ARTICLE 18, IF NECESSARY, BOTH PARTIES MAY AGREE ON SOME OTHER PROVISIONS WITHIN THE FRAMEWORK OF APPLICABLE LAW AND MUST RECORD IT IN THE CONTRACT DOCUMENT".POINT 4 SECTION 2 PART III IS AMENDED AS FOLLOWS:nationalc. Delete(4) In case the two parties have not agreed on Clause 15, they may commit to: "At the latest ... days after transferring the project results, both parties must:

- Depending on specific circumstances, choose one of the two options of ownership rights or partial ownership and strike out the other option.t in twoArticles shall have- Content of dispute.exclusive rights or partial ownership and strike outDINH SO 427/TTg NGAY 25-06-1996 CUA THUONG CHINH PHU, KO BACH T.W DA PHOI HOP VOI TO CHUC CONG TY DINH BO TAI CHINH DA HUY DONG LUA TRAI PHIEU PHAT HANH:...DONG- If deemed necessary, the two parties may agree on another usage method allowed under current legal documents and must record it in the contract."

- If deemed necessary, the two parties may agreeon another method of use thatis permitted by current laws and must be recorded legal documents currently in force and must be recorded in the contract.in the documentandthe5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.contract".

(5) Incase of breach ofArticle 18, if deemed necessary, the two parties have the right to agree on certainclauses within the scope allowed by law and must be recordedDINH SO 427/TTg NGAY 25-06-1996 CUA THUONG CHINH PHU, KO BACH T.W DA PHOI HOP VOI TO CHUC CONG TY DINH BO TAI CHINH DA HUY DONG LUA TRAI PHIEU PHAT HANH:...DONG.andthe5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.Auction principles: