Decision No. 15/2005/QD-BKHCN Issuing Temporary Provisions on the Organization and Implementation of Technology Incubation Tasks in Universities

DECISION OF THE MINISTER OF SCIENCE AND TECHNOLOGY

Issuing Temporary Provisions on the Organization and Implementation of Technology Incubation Tasks in Universities trong các đại học

 

THE MINISTER OF SCIENCE AND TECHNOLOGY

 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;

At the proposal of the Heads of the High Technology Department, the Planning and Finance Department, and the Social Sciences and Natural Sciences Department,

 DECISION:

 Article 1. These Temporary Provisions on the Organization and Implementation of Technology Incubation Tasks in Universities are hereby issued together with this Decision.

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. The Heads of the Planning and Finance Department, the Social Sciences and Natural Sciences Department, the High Technology Department, the Director of the Ministry's Office, the Heads of units under the Ministry, and the Heads of related agencies and organizations shall be responsible for implementing this Decision.

 

TEMPORARY PROVISIONS ON THE ORGANIZATION AND IMPLEMENTATION OF TECHNOLOGY INCUBATION TASKS IN UNIVERSITIES

 

(Issued together with Decision No. 15/2005/QĐ-BKHCN dated September 13, 2005)

(Ban hành kèm theo Quyết định số 15/2005/QĐ-BKHCN ngày 13/09/2005)

of the Minister of Science and Technology)

PART I

GENERAL PROVISIONS

Article 1. Scope of application

These provisions regulate the procedures and formalities for selecting, managing, and organizing the implementation of technology incubation tasks in universities.

Article 2. Applicability

These provisions apply to scientific groups, research teams, and individuals implementing technology incubation tasks in universities using state funds, with the participation of research institutes and enterprises.

Article 3. Objective

1. Seeking technological know-hows and creating feasible technologies that bring economic and social benefits and national defense security.

2. Supporting and promoting the activities of dynamic and creative research teams to form strong scientific groups, while encouraging young scientists with professional qualities and capabilities to become leading scientists.

3. Strengthening the connection between scientific research and technological development with education and production-business, laying the groundwork for the formation of science and technology enterprises.

Article 4. Conditions for Proposing Technology Incubation Tasks

1. Having new ideas or solutions about technology that are feasible or successful research results at the testing stage;

2. The main agency has sufficient conditions regarding scientific staff, material infrastructure, and research equipment directly related to technology development and technological know-how search;

3. The age of the person in charge of implementing the technology incubation task does not exceed 45 years old, with special preference given to young scientists;

4. The duration of the technology incubation task is 1 to 2 years;

5. Each individual cannot concurrently be in charge of two or more technology incubation tasks and cannot concurrently be in charge of national-level scientific and technological projects.

Article 5. Results of Implementing Technology Incubation Tasks

Technology incubation tasks must achieve one of the following results:

1. Creating applicable technological know-hows (know-how);

2. Creating new technologies and products;

3. Decoding and mastering to improve or innovate existing technologies and products.

Chapter II

PROCEDURES FOR SELECTING TECHNOLOGY INCUBATION TASKS

Article 6. Preparing the Description of Technology Incubation Tasks

1. Annually, the Ministry of Science and Technology announces and guides the competent authorities on building technology incubation tasks.

2. The competent authority determines the criteria for selection, announces and guides universities (hereinafter referred to as the main agency) on building technology incubation tasks.

3. Based on the guidance of the main agency, scientific groups, research teams, and individuals prepare the description of technology incubation tasks.

The description of technology incubation tasks must meet the selection criteria set by the competent authority according to the following groups of criteria: clarity and appropriateness; technological level, scientific nature, and impact on the economy and society; feasibility of the technology incubation task.

Article 7. Determination of the List of Technology Incubation Tasks

1. The leading agency shall establish a Science and Technology Advisory Council to select technology incubation tasks.

2. The Science and Technology Advisory Council for selection includes representatives of reputable scientists from the leading agency; representatives of enterprises and related local management agencies; representatives of top scientists and experts from schools and institutes in the same field of expertise.

Individuals participating in technology incubation tasks shall not be members of the Science and Technology Advisory Council for selecting technology incubation tasks at the leading agency in that year.

3. The Science and Technology Advisory Council for selection shall be responsible for reviewing, evaluating, and proposing to the leading agency the list of technology incubation tasks.

4. Based on the proposal of the Science and Technology Advisory Council for selection, the leading agency shall decide on the list and priority order of technology incubation tasks and submit them to the managing agency.

Article 8. Examination and Approval of Technology Incubation Tasks

1. The managing agency shall evaluate and examine the content, budget, and priority order of technology incubation tasks of each leading agency.

2. The managing agency shall approve the list of technology incubation tasks after reaching consensus with the Ministry of Science and Technology.

3. The Ministry of Science and Technology shall balance and allocate the budget for implementing technology incubation tasks within the science and technology budget plan of the managing agency.

Chapter III

MANAGEMENT OF TECHNOLOGY INCUBATION TASKS

Article 9. Responsibilities of the Leading Agency

1. Establish a Science and Technology Advisory Council to select technology incubation tasks.

2. Approve the description of the task and sign a Science and Technology Contract to implement the technology incubation task.

3. Allocate, manage, and settle the budget for the technology incubation task according to current laws.

4. Create conditions regarding time, technical facilities, and scientific and technological services for scientific groups, research teams, and individuals implementing the technology incubation task.

5. Guide, inspect, and urge the implementation of the technology incubation task in accordance with the registered objectives, content, and schedule.

6. Timely identify and proactively propose solutions to issues arising during the implementation of the technology incubation task to report to the managing agency and the Ministry of Science and Technology for decision-making when necessary.

7. Be responsible before the managing agency and the Ministry of Science and Technology for the results of implementing the technology incubation task.

8. Regularly prepare reports every six months on the situation and results of implementing the technology incubation task to the managing agency, the Ministry of Science and Technology, and annually summarize and conclude the technology incubation task.

Article 10. Responsibilities of Scientific Groups, Research Teams, and Individuals Implementing Technology Incubation Tasks

1. Fully fulfill all commitments in the Science and Technology Contract.

2. Report regularly every six months on the progress, use of funds, and provide ad hoc reports in necessary cases to the leading agency.

3. Post information about the technology incubation task on the electronic news page of the leading agency and regularly update information about the implementation status of the task.

4. Register the incubation results that have been accepted according to current regulations.

5. Be subject to direction and supervision according to the content and schedule by the leading agency, the managing agency, and the Ministry of Science and Technology.

Article 11. Responsibilities of the Managing Authority

1. Establish criteria for selection evaluation, announce and guide the leading agencies in proposing and drafting the description of technology incubation tasks.

2. Review and approve technology incubation tasks after reaching consensus with the Ministry of Science and Technology.

3. Organize regular inspections, supervision, and assessment of results based on the proposal of the leading agency to adjust objectives, contents, and progress of technology incubation tasks.

4. Regularly assess the situation and results of technology incubation tasks every six months within the scope of the industry and report to the Ministry of Science and Technology.

5. Organize final acceptance evaluations of the results of technology incubation tasks.

Article 12. Responsibilities of the Ministry of Science and Technology

1. Annually guide and inspect the managing authorities regarding the establishment of the list of technology incubation tasks.

2. Balance and allocate funds for technology incubation tasks in the science and technology budget estimate of the managing authority based on the agreed priority list approved by the managing authority.

3. Coordinate with the managing authority and leading agency in inspecting and supervising the implementation of technology incubation tasks.

4. Adjust, continue funding or cease funding for technology incubation tasks when necessary.

5. Annually coordinate with the managing authority to organize assessments and summaries of the implementation process of technology incubation tasks to serve as a basis for adjusting and allocating budgets for the following year.

Chapter IV

IMPLEMENTATION OF TECHNOLOGY INCUBATION TASKS

Article 13. Signing Implementation Contracts

1. The managing authority issues decisions assigning technology incubation tasks and budgets to the leading agencies.

2. The head of the leading agency signs a science and technology contract with the person in charge of implementing the technology incubation task.

Article 14. Financial Management of Technology Incubation Tasks

1. Funds for implementing technology incubation tasks are sourced from the following:

a) State budget for scientific and technological affairs allocated in the annual state budget estimate of the managing authority;

b) Funds raised by the leading agency or the person in charge of implementing the technology incubation task;

c) Contributions from agencies, units, and individuals benefiting from the technology incubation task;

d) Funds integrated with other programs and projects;

đ) Other sources of funds.

2. Expenditure regulations for technology incubation tasks are applied according to current regulations on science and technology issued by competent authorities.

3. Funds allocated from the state budget for scientific and technological affairs for a single technology incubation task shall not exceed 450 million dong per year.

4. Contents of expenditures for implementing technology incubation tasks include:

a) Outsourcing professional services (this item shall not exceed 40% of the total budget of the technology incubation task);

b) Purchasing spare parts, components, tools, materials, raw materials, documents, books, etc., for research purposes;

c) Electricity, water, and information costs;

d) Inviting foreign experts for scientific consultation, research cooperation, sending staff for short-term training or attending scientific conferences both domestically and internationally;

đ) Management and other expenses (if applicable).

5. Annual Budget Allocation

a) Funds for implementing technology incubation tasks are announced by the Ministry of Science and Technology and the Ministry of Finance to the managing authority in the annual science and technology plan.

b) Based on the annual implementation plan of technology incubation tasks agreed upon with the Ministry of Science and Technology, the managing authority allocates budgets to the leading agencies responsible for implementing the technology incubation tasks.

6. Fund allocation follows current regulations. The leading agency responsible for implementing the technology incubation task settles accounts with the State Treasury while compiling reports to submit to the managing authority and the Ministry of Science and Technology.

Article 15. Adjustment and Suspension of Technology Incubation Tasks

1. During the implementation process, the managing agency and the leading agency may propose:

a) Adjusting the content and progress of technology incubation tasks to be consistent with reality.

b) Suspending technology incubation tasks in the following cases:

- Not implementing according to the task description and signed scientific and technological contract.

- Lacking the capacity to organize the implementation of task contents as stipulated in the scientific and technological contract.

- Misusing the funding for technology incubation tasks.

2. The Ministry of Science and Technology will consider adjusting, continuing to provide, or ceasing to provide funding for technology incubation tasks based on the proposals from the managing agency and the leading agency.

Article 16. Acceptance Evaluation

1. The leading agency organizes internal evaluation of the results of technology incubation tasks.

2. The managing agency establishes an acceptance evaluation council including representatives from the managing agency, the Ministry of Science and Technology, the leading agency, business managers and administrators, scientists, and top experts in relevant fields.

Article 17. Management of Results of Technology Incubation Tasks

1. Scientific collectives, research groups, and individuals who carry out technology incubation tasks shall enjoy authorship rights over the incubation results.

2. Ownership rights over the incubation results shall be implemented based on agreements in contracts between the leading agency, financial contributors, and authors of the incubation results.

Chapter V

IMPLEMENTING PROVISIONS

Article 18. The managing agency shall guide the leading agencies to implement technology incubation tasks in accordance with the science and technology development plan based on this Regulation.

Article 19. In cases where issues related to the organization of technology incubation tasks are not addressed in this Regulation, current laws and regulations on science and technology shall apply.

This Regulation may be supplemented and adjusted to suit specific goals, requirements, and circumstances during the pilot implementation of technology incubation tasks./.