This Circular stipulates the organization and implementation of the management of the National Program to support enterprises in improving productivity and product quality for the period 2021-2030. It includes contents such as the establishment, approval, and implementation of national science and technology tasks at the central, ministry, provincial levels, and tasks assigned by competent authorities under the Program.
Đối tượng áp dụng
Agencies, organizations, enterprises, and individuals related to the implementation of the National Program to support enterprises in improving productivity and product quality for the period 2021-2030.
Các điểm cốt lõi
- Provisions on national science and technology tasks under the Program
- Procedures and processes for establishing, approving, and implementing science and technology tasks at the ministry and provincial levels under the Program
- Management of tasks assigned by competent authorities under the Program
- Functions and responsibilities of the Ministry of Science and Technology and the General Department of Standardization, Metrology, and Quality Control in organizing the implementation of the Program
- Liquidation of contracts and handling of assets after completion of science and technology tasks
🌐 Tác động xã hội từ văn bản này
- Strengthening state management capacity in science and technology
- Supporting enterprises in enhancing productivity and product quality
- Sustainable economic and social development
❓ Câu hỏi thường gặp
Who is the main agency responsible for the National Program to support enterprises in improving productivity and product quality?
The Ministry of Science and Technology is the main agency responsible for the Program.
How are national science and technology tasks under the Program managed?
The General Department of Standardization, Metrology, and Quality Control under the Ministry of Science and Technology is responsible for managing national science and technology tasks.
Are there provisions regarding the liquidation of contracts after the completion of tasks?
Yes, the General Department of Standardization, Metrology, and Quality Control conducts the liquidation of contracts with the task's leading organization according to the model attached to this Circular.
Toàn văn
|
MINISTRY OF SCIENCE AND TECHNOLOGY |
SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
|
Number: 15/2022/TT-BKHCN |
Hanoi, October 12, 2022 |
CIRCULAR
Regulations on Managing the National Program to Support Enterprises in Enhancing Productivity and Quality of Goods and Commodities for the Period 2021-2030
__________________
Pursuant to the Law on Science and Technology dated June 18, 2013;
Pursuant to the Law on Product Quality and Goods Quality dated November 21, 2007;
Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;
Pursuant to Decree No. 95/2017/NĐ-CP dated August 16, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;
Pursuant to Decree No. 08/2014/NĐ-CP dated January 27, 2014 of the Government detailing and guiding the implementation of certain provisions of the Law on Science and Technology;
Implementing Decision No. 1322/QĐ-TTg dated August 31, 2020 of the Prime Minister approving the National Program to Support Enterprises in Enhancing Productivity and Quality of Goods and Commodities for the Period 2021-2030;
At the proposal of the Director General of the National Standardization, Metrology and Quality Control Department and the Head of the Legal Affairs Department;
The Minister of Science and Technology issues this Circular to regulate the management of the National Program to Support Enterprises in Enhancing Productivity and Quality of Goods and Commodities for the Period 2021-2030.
Chapter I. GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.
This Circular regulates the management of the National Program to Support Enterprises in Enhancing Productivity and Quality of Goods and Commodities for the Period 2021-2030 (hereinafter referred to as the Program), which was approved by the Prime Minister at Decision No. 1322/QĐ-TTg dated August 31, 2020.
Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.
This Circular applies to state agencies; organizations and individuals managing, implementing, and participating in implementing tasks under the Program, and other related agencies, organizations, and individuals.
Article 3. Principles for Managing the Program
1. Implementation in accordance with the provisions of the Law on Science and Technology, the Law on Standards and Technical Regulations, the Law on Product Quality, and related legal documents.
2. Management of the Program must ensure transparency and openness. Tasks under the Program shall be implemented in accordance with the objectives and contents, effectively and practically, ensuring consistency with the overall objectives of the Program.
3. Use of funds for the Program must be purposeful, effective, without waste, and comply with the State Budget Law and other relevant laws.
Article 3. Tasks under the Program
1. “"Scientific and technological tasks" under the Program include national, ministerial, and provincial-level scientific and technological tasks selected or directly assigned to implement the tasks and solutions specified in Section II, Article 1 of Decision No. 1322/QĐ-TTg, excluding those specified in Clause 2 of this Article.
2. "Tasks assigned by competent authorities" to implement tasks and solutions under the Program, including: information and communication on productivity and quality; organizing training courses and capacity building on productivity and quality; enhancing testing capabilities for the safety and environmental friendliness of key export products and international cooperation activities on productivity and quality as stipulated in Clauses 2, 4, Point c Clause 5, and Clause 6 of Section II, Article 1 of Decision No. 1322/QĐ-TTg, and general management activities of the Program as provided for in Clause 3 of this Article.
3. General management activities of the Program include: coordination, guidance in the implementation of tasks and solutions under the Program; advisory services for determining tasks; selection and direct assignment of tasks; inspection, audit, evaluation, and acceptance of tasks; meetings and seminars; domestic and foreign work; mid-term and final reviews of the Program's implementation, and other necessary activities carried out directly by the Program management bodies at the Ministry of Science and Technology, ministries, sectors, and localities.
Article 4. Classification of scientific and technological tasks under the Program
1. National-level scientific and technological tasks managed by the Ministry of Science and Technology: including tasks meeting the criteria for national-level scientific and technological tasks as stipulated in Clause 1, Article 25 of Decree No. 08/2014/ND-CP dated January 27, 2014 of the Government detailing and guiding the implementation of certain provisions of the Law on Science and Technology, with priority given to research tasks proposing mechanisms, policies, and solutions to enhance national productivity and quality; developing training programs on productivity and quality; developing national standards and technical regulations and conformity assessment systems; piloting and building model projects to promote widespread productivity and quality improvements, and other multi-sectoral tasks related to productivity and quality.
2. Sector-level scientific and technological tasks managed by ministries or ministerial-level agencies (hereinafter referred to as ministries or sectors): including tasks meeting the criteria for sector-level scientific and technological tasks as stipulated in Clause 1, Article 26 of Decree No. 08/2014/ND-CP, with priority given to research tasks establishing mechanisms, policies, and solutions to enhance sector productivity and quality; supporting enterprises producing key products and goods of the sector to apply solutions to improve productivity and quality.
3. Provincial-level scientific and technological tasks managed by provincial People's Committees (hereinafter referred to as provincial People's Committees): including tasks meeting the criteria for provincial-level scientific and technological tasks as stipulated in Clause 1, Article 27 of Decree No. 08/2014/ND-CP, with priority given to research tasks establishing mechanisms, policies, and solutions to enhance local productivity and quality; supporting small and medium-sized enterprises producing key products and goods of the locality to apply solutions to improve productivity and quality.
Article 5. Requirements for scientific and technological tasks under the Program
1. Urgent and consistent with the objectives, contents, tasks, and solutions of the Program.
2. Results and products must be applied in practice or resolve theoretical and scientific issues in the field of productivity and quality, having an impact on promoting enterprise, local, sector, and national productivity and quality.
3. Capable of maintaining and expanding results after completion.
4. The duration for implementing national-level scientific and technological tasks under the Program shall not exceed thirty-six months.
5. Enterprises supported by the Program must be established and operating in accordance with the law, prioritizing small and medium-sized enterprises producing key products and goods of the country, sector, and locality.
Article 6. Requirements for organizations leading and managing scientific and technological tasks under the Program
1. Organizations leading national-level scientific and technological tasks under the Program must meet the conditions stipulated in Clause 1, Article 4 of Circular No. 08/2017/TT-BKHCN dated June 26, 2017 of the Minister of Science and Technology on the selection and direct assignment of organizations and individuals to implement national-level scientific and technological tasks funded by the state budget. Specifically applied to tasks under the Program as follows:
a) Having functions suitable to the specialized field of the task, possessing a seal and bank account;
b) Having the ability to mobilize corresponding funds to implement the task according to the procurement requirements;
c) Not falling into any of the cases specified in Clause 2 of this Article.
2. Organizations in any of the following situations are not eligible to participate in registration for direct selection and assignment to lead national-level scientific and technological tasks:
a) At the time of submitting the application for participation in the selection and direct assignment, they have not fully repaid recovered funds according to contracts for implementing previous national-level scientific and technological tasks;
b) At the time of submitting the application for participation in the selection and direct assignment, they have not submitted the application for evaluation and acceptance of other national-level scientific and technological tasks they led within thirty days from the end date of the task's implementation period as per the Contract, including any extended periods (if applicable);
c) At the time of submitting the application for participation in the selection and direct assignment, they have not completed registration, submission, and retention of results of other national-level scientific and technological tasks using state budget funds;
d) At the time of submitting the application for participation in the selection and direct assignment, they have not implemented the requirement to report on the application of results of other national-level scientific and technological tasks using state budget funds that they led or were granted ownership or usage rights over;
e) If they have committed violations leading to suspension of another national-level scientific and technological task, they will not be eligible to participate in the selection and direct assignment for one year from the date of the suspension decision by the competent authority.
3. Individuals registering to lead national-level scientific and technological tasks under the Program must simultaneously meet the following requirements:
a) Having a bachelor’s degree or higher;
b) Having relevant expertise and actively working in a science and technology field matching the content of the national-level scientific and technological task for at least three years prior to the submission deadline;
c) Possessing sufficient capacity to directly organize and ensure adequate time to lead the implementation of the national-level scientific and technological task;
d) Not falling into any of the cases specified in Clause 4 of this Article.
4. Individuals in any of the following situations are not eligible to participate in registration for direct selection and assignment to lead national-level scientific and technological tasks:
a) At the time of submitting the application for participation in the selection and direct assignment, they are leading another national-level scientific and technological task.
b) At the time of submitting the application to participate in the selection and direct assignment, the subject has not submitted the proposal for evaluation and acceptance of another national scientific and technological task led by themselves within thirty days from the end date of the implementation period according to the Contract, including any extended period (if applicable);
c) At the time of submitting the application to participate in the selection and direct assignment, the subject has not completed the registration, submission, and retention of the results of implementing another national scientific and technological task using state budget funds that they lead;
d) Having a national scientific and technological task led by themselves evaluated at the level of "unsatisfactory" will not be eligible to participate in the selection and direct assignment for a period of two years from the date of the conclusion of the National Evaluation Council;
đ) Having committed violations leading to being suspended from implementing another national scientific and technological task led by themselves will not be eligible to participate in the selection and direct assignment for a period of three years from the date of the Suspension Decision issued by the competent authority;
5. For provincial and ministerial-level scientific and technological tasks: shall be implemented in accordance with the regulations on managing provincial and ministerial-level scientific and technological tasks issued by the competent authority;
Article 7. Information and Registration, Retention of Results of Scientific and Technological Tasks under the Program
1. Information about scientific and technological tasks under the Program (including: name, objectives, expected products, leading organization, leader, implementation period; summary of implementation results) shall be publicly disclosed on the electronic portal of the task management agency or other mass media in accordance with the law;
2. Communication of the results of implementing tasks under the Program shall be carried out in accordance with the provisions of the Law on Science and Technology and the Law on Press;
3. The leading organization and task leader shall register and retain the results of implementing the task in accordance with Decree No. 11/2014/ND-CP dated February 18, 2014 of the Government on scientific and technological information activities; Circular No. 14/2014/TT-BKHCN dated June 11, 2014 of the Minister of Science and Technology on the collection, registration, retention, and publication of information on scientific and technological tasks;
Chapter II. MANAGEMENT OF NATIONAL SCIENTIFIC AND TECHNOLOGICAL TASKS UNDER THE PROGRAM
Section 1. DETERMINATION OF NATIONAL SCIENTIFIC AND TECHNOLOGICAL TASKS
Article 8. Proposal of Tasks
1. Annually, based on guidelines for building science and technology plans or announcements of task proposals by the Ministry of Science and Technology, ministries, sectors, localities, organizations, and individuals propose national scientific and technological tasks under the Program according to Model A1-ĐXNV issued together with this Circular;
2. Organizations and individuals submit task proposals to relevant ministries, sectors, or localities corresponding to their industry, field, or area of management, or send them to the Ministry of Science and Technology (through the General Department of Standardization, Metrology, and Quality Control) for consolidation and processing;
3. Ministries, sectors, and localities consolidate task proposals received from organizations and individuals under the Program; organize the selection of proposals meeting the requirements for commissioned tasks and send them to the Ministry of Science and Technology (through the General Department of Standardization, Metrology, and Quality Control) to organize the determination of commissioned tasks in accordance with Article 9 of this Circular;
The proposal dossier includes: the proposal letter of the ministry, sector, or locality; the consolidated list of proposed task items and the task proposal forms of selected organizations and individuals;
4. Ministries, sectors, localities, and organizations or individuals directly submit or electronically transmit the task proposal dossiers online or through postal services to the General Department of Standardization, Metrology, and Quality Control (address for receiving dossiers: No. 08 Hoang Quoc Viet Street, Nghia Do Ward, Cau Giay District, Hanoi City);
5. The date of receipt of the task proposal is the date the postal service stamps the envelope (in case of sending via post) or the stamping date of "received" by the General Department of Standardization, Metrology, and Quality Control (in case of direct submission) or the date when the organization or individual submits the dossier online.
Article 9. Determination and Approval of the List of Assigned Tasks
1. Within seven working days from the date of completion of receiving proposals for tasks as prescribed in Article 8 of this Circular, the General Department of Standardization, Metrology and Quality Management shall take the lead and coordinate with the Program Steering Committee as prescribed in Article 42 of this Circular to review the task proposals according to the following basic criteria to select proposals that meet the requirements to report to the Ministry of Science and Technology to organize the Advisory Council to determine assigned tasks under the Program:
a) Compliance with the objectives and tasks, solutions of the Program as stipulated in Decision No. 1322/QĐ-TTg dated August 31, 2020 of the Prime Minister;
b) Compliance with the orientation and key contents, priorities to be implemented in the planning year as prescribed in the guidance document on building science and technology plans or announcements on task proposals under the Program issued by the Ministry of Science and Technology;
c) Fulfillment of all requirements for task proposal files and deadlines for submitting task proposal files as prescribed in the guidance document on building science and technology plans or announcements on task proposals under the Program issued by the Ministry of Science and Technology;
d) Other relevant criteria.
2. The Advisory Council to determine tasks shall be established by the Minister of Science and Technology, consisting of seven or nine members, including the Chairperson, Deputy Chairperson, two opposing members, and one scientific secretary. Members of the Council are productivity quality experts, specialists with expertise and practical experience in the field of the task, representatives of state management agencies or organizations, enterprises. Ministries, sectors, and localities with assigned tasks shall nominate representatives to participate as members of the Council.
3. The Advisory Council can only convene meetings when at least five members (for a Council with seven members) or seven members (for a Council with nine members) are present, including the Chairperson (or Deputy Chairperson) and two opposing members. The Chairperson of the Council shall preside over Council sessions. In case of absence, the Chairperson of the Council shall authorize the Deputy Chairperson of the Council to preside over the session in writing according to Model B14-GUQ issued together with this Circular.
a) Sessions of the Advisory Council may be conducted either in person or online.
b) The procedures and processes of the Council's work shall be carried out in accordance with Clauses 1, 2, 3, 4, 5, and 6 of Article 18 of Circular No. 07/2014/TT-BKHCN dated May 26, 2014 of the Minister of Science and Technology on the procedures and processes for determining national science and technology tasks using state budget funds, amended by Clause 14 of Article 1 of Circular No. 03/2017/TT-BKHCN dated April 3, 2017 of the Minister of Science and Technology amending and supplementing some articles of Circular No. 07/2014/TT-BKHCN.
c) Members of the Council shall comment and evaluate task proposals under the Program according to Model A2-NXĐG issued together with this Circular.
d) Minutes of the voting comments and evaluations of task proposals shall be recorded according to Model A3-BBKP issued together with this Circular.
đ) The Council shall unanimously propose "Implementation" for task proposals if at least three-quarters of the participating Council members vote in favor of "Implementation".
e) The Council shall revise, supplement, and complete the items of the proposed science and technology tasks according to the requirements stipulated in Article 14 of Circular No. 07/2014/TT-BKHCN; recommend implementation methods (selection or direct assignment; prioritize the order of science and technology tasks for assignment in cases where there are two or more task proposals).
For task proposals "Not to be Implemented," the Council shall reach a consensus on the reasons for not proposing implementation.
The Council shall approve the minutes of the meeting according to Model A4-BBXĐNV issued together with this Circular.
4. Within seven working days from the date of the Advisory Council's results, the General Department of Standardization, Metrology and Quality Management shall take the lead and coordinate with the Planning and Finance Department under the Ministry of Science and Technology to review the procedures and processes of the Council's work and consider the Council's advisory opinions on assigned science and technology tasks.
If necessary, the General Department of Standardization, Metrology and Quality Management shall coordinate with the Planning and Finance Department under the Ministry of Science and Technology to report to the Minister of Science and Technology to organize consultations with one to two independent domestic or foreign experts or establish another Council to continue determining science and technology tasks.
5. Based on the review results and advisory opinions (if any) as prescribed in Clause 4 of this Article, the General Department of Standardization, Metrology and Quality Management shall take the lead and coordinate with the Planning and Finance Department under the Ministry of Science and Technology to submit to the Minister of Science and Technology for approval of assigned science and technology tasks.
Article 10. Announcement of the List of Commissioned Tasks
Within five working days from the date of the Ministry of Science and Technology's decision approving the list, the General Department of Standardization, Metrology and Quality Assurance shall publicly announce the list of commissioned tasks on the Ministry of Science and Technology’s Electronic Information Portal and the General Department of Standardization, Metrology and Quality Assurance’s Electronic Information Portal to select or directly assign to organizations and individuals with sufficient capacity to implement.
Section 2. SELECTION AND DIRECT ASSIGNMENT TO IMPLEMENT NATIONAL SCIENCE AND TECHNOLOGY TASKS
Article 11. Notification and Conditions for Participation in Selection and Direct Assignment to Implement Tasks
1. The General Department of Standardization, Metrology and Quality Assurance shall be responsible for notifying the selection and direct assignment to implement tasks on the Ministry of Science and Technology’s Electronic Information Portal and the General Department of Standardization, Metrology and Quality Assurance’s Electronic Information Portal or other mass media within thirty days to allow organizations and individuals to prepare registration files for participation in the selection and direct assignment.
The notification for the selection and direct assignment to implement tasks shall include basic information such as the name of the task; target orientation; expected products; requirements for registration file submission: time and address for submitting the file.
2. Conditions for participation in the selection and direct assignment to implement tasks are stipulated in Article 6 of this Circular.
Article 12. Registration File for Selection and Direct Assignment to Implement Tasks
The registration file for selection and direct assignment to implement national-level tasks shall be carried out according to the provisions of Article 5 of Chapter II of Circular No. 08/2017/TT-BKHCN. Specific application for tasks under the Program is as follows:
1. The file includes one original set (with seal and signature), presented and printed on A4 paper size, using Vietnamese font of Unicode character set according to the national standard TCVN 6909:2001, font size 14 and one electronic copy (PDF files), including the following documents:
a) Decision on establishment or Business Registration Certificate of the organization registering as the main applicant or other equivalent documents (copy);
b) Application form for registering as the main applicant for the implementation task according to Model B1-ĐKNV issued together with this Circular;
c) Detailed description of the implementation task according to Model B2-TMNV issued together with this Circular;
d) Summary of scientific and technological activities of the organization registering as the main applicant and the implementing organization according to Model B3-LLTC issued together with this Circular;
đ) Scientific curriculum vitae of the task leader, key members, and scientific secretary according to Model B4-LLCN issued together with this Circular;
e) Scientific curriculum vitae of domestic and foreign experts according to Model B4-LLCN issued together with this Circular, accompanied by documents proving the salary for hiring experts (in case the scientific and technological task hires experts);
g) Confirmation document on the agreement to cooperate in implementing the task of cooperating units (if any) according to Model B5-PHNC issued together with this Circular;
h) Quotation for major equipment, raw materials needed to purchase, equipment, services needed to rent for implementing the task, the quotation period not exceeding thirty days from the submission deadline. The quotation is updated, adjusted, supplemented before the financial review meeting (if necessary);
i) Financial report of at least two recent years of the organization registering for selection and direct assignment of the task (copy) accompanied by a certified copy of one of the documents specified in Clause 4 of this Article;
k) Document proving the plan for mobilizing corresponding funds (for tasks requiring mobilization of corresponding funds) according to the provisions of Clause 3 of this Article.
2. In cases of direct submission or submission through postal service, the file must be sealed tightly and clearly marked with the following information on the outside: name of the task, list of documents in the file; name and address of the organization registering as the main applicant, name of the individual registering as the task leader and contact person information (telephone and email);
In cases of submission via an electronic environment, the method of securing the file shall be implemented according to the regulations of the competent authority.
3. Document proving the plan for mobilizing corresponding funds (for tasks requiring mobilization of corresponding funds):
a) For cases using own capital: The supporting document is the confirmation letter of the account balance at the time of filing of the organization registering as the main applicant;
b) For cases corresponding from beneficiary organizations and enterprises participating in implementing the task:
b1) In cases where specific beneficiary organizations and enterprises have been identified: The supporting document is the confirmation letter of the organization and enterprise regarding their participation in implementing the task and contributing corresponding funds, specifying the form of contribution (cash and/or in-kind), method, and management responsibility;
b2) In cases where specific beneficiary organizations and enterprises have not yet been identified: the main organization proactively prepares the budget for corresponding funds and commits to completing it according to the prepared budget.
c) For cases mobilizing funds from individuals/organizations or contributions from owners: Legal commitment and documents confirming the contribution of capital by individuals/organizations/owners to the main organization for implementing the task;
d) For cases borrowing from credit institutions: Commitment to lend funds from credit institutions for implementing the task or valid credit limit contract of the credit institution with the main organization. Before signing the task implementation contract, if the Financial Review Board requests, the main organization supplements the Loan Contract for the task with a total value ensuring the corresponding funds for the task.
4. Supporting documents sent along with the financial report as stipulated in Point i Clause 1 of this Article include:
a) Minutes of tax settlement inspection;
b) Self-tax settlement declaration form (value-added tax and corporate income tax) confirmed by the tax authority regarding the submission time;
c) Documents proving that the main organization has declared and settled taxes electronically.
d) A confirmation document from the tax administration authority (confirming the total amount paid for the year) regarding the fulfillment of tax payment obligations;
đ) An audit report (if available);
e) Other relevant documents.
Article 13. Submission and Acceptance of Application Documents
The submission and acceptance of application documents for registration to participate in the selection process and direct assignment to perform tasks shall be carried out in accordance with Article 6 of Circular No. 08/2017/TT-BKHCN. Specific application for tasks under the Program is as follows:
1. The method of submitting application documents and the date of accepting application documents shall be implemented in accordance with Clause 4 and Clause 5 of Article 8 of this Circular.
2. Within the period of accepting application documents, the organization registering for the selection process and direct assignment of tasks has the right to withdraw the application documents, submit new application documents, or supplement and amend previously submitted application documents. The submission of new application documents or supplementation of application documents must be completed before the deadline for submission of application documents as stipulated in Clause 1 of Article 11 of this Circular. Any supplementary or amended documents are part of the previously submitted application documents.
Article 14. Examination and Confirmation of the Validity of Application Documents for Registration to Participate in the Selection Process and Direct Assignment to Perform Tasks
The examination and confirmation of the validity of application documents for registration to participate in the selection process and direct assignment to perform tasks shall be carried out in accordance with Article 7 of Circular No. 08/2017/TT-BKHCN. Specific application for tasks under the Program is as follows:
1. Within five working days from the end of the period for accepting application documents, the General Department of Standards, Metrology and Quality Management completes the examination, confirmation of validity, and prepares the confirmation record of the application documents according to Model B6-BBXNHS issued together with this Circular.
2. Valid application documents are those that register tasks included in the published List in accordance with Article 10 and simultaneously meet the provisions of Clause 2 of Article 11, Article 12, and Article 13 of this Circular.
Valid application documents will be considered and evaluated in accordance with Articles 15, 16, 17, 18, 19, 20, 21, 22, and 23 of this Circular.
3. Invalid application documents are those that register tasks not included in the published List in accordance with Article 10 and do not simultaneously meet the provisions of Clause 2 of Article 11, Article 12, and Article 13 of this Circular.
Invalid application documents are confirmed to be excluded and are not allowed to continue participating in the selection process and direct assignment to perform tasks.
4. Within five working days from the date of preparing the confirmation record of the application documents as stipulated in Clause 1 of this Article, the General Department of Standards, Metrology and Quality Management shall notify the organization that submitted the invalid application documents if such organization does not have a representative present to witness and sign the confirmation record of the application documents.
Article 15. Advisory Board for Selection and Direct Assignment to Perform Tasks
The Advisory Board for Selection and Direct Assignment to Perform Tasks shall operate in accordance with Clause 1, Clause 2, and Clause 3 of Article 8 of Circular No. 08/2017/TT-BKHCN. Specific application for tasks under the Program is as follows:
1. The Advisory Board for Selection and Direct Assignment to Perform Tasks shall be established by the Minister of Science and Technology, consisting of seven or nine members, including the Chairman, Vice-Chairman of the Board, two opposing experts, and one scientific secretary. Members of the Board are productivity and quality specialists, subject matter experts with practical experience in the field of the task, representatives of state management agencies or other related organizations, including at least two members who have participated in the Advisory Board for Task Determination.
2. Individuals in the following cases are not eligible to be members of the Board:
a) Individuals who apply to be the principal investigator or participate in implementing national science and technology tasks;
b) Individuals belonging to organizations applying to be the main implementer of national science and technology tasks;
c) Individuals belonging to organizations applying to collaborate in implementing national science and technology tasks.
Article 16. Criteria and Scoring Scale for Evaluating Application Files to Perform Tasks
The application file for performing tasks will be evaluated by scoring on the Evaluation Form specified in Model B8-ĐGNV issued together with this Circular. The maximum score for one file is 100 points. Specifically as follows:
1. Criterion on the urgency of the task: up to 15 points.
2. Criterion on the feasibility of the task: up to 50 points.
3. Criterion on the effectiveness and sustainability of the task: up to 35 points.
Article 17. Preparation Work for Meetings, Principles, Procedures, and Content of Work of the Advisory Council for Task Selection and Direct Assignment
The preparation work for meetings, principles, procedures, and content of work of the Advisory Council for Task Selection and Direct Assignment shall be carried out in accordance with the provisions of Articles 9, 10, and 11 of Circular No. 08/2017/TT-BKHCN. Specific application to tasks under the Program as follows:
1. Working Principles of the Council
a) The Advisory Council for Task Selection and Direct Assignment shall only convene a meeting when at least five members (for a Council with seven members) or seven members (for a Council with nine members) are present, including the Chairman or Vice-Chairman of the Council and two opposing members. The Chairman of the Council shall chair the Council's meetings. In case of absence, the Chairman of the Council shall delegate authority to the Vice-Chairman of the Council to chair the meeting in writing according to Model B14-GUQ issued together with this Circular.
b) Members of the Council are responsible for evaluating files honestly, objectively, and fairly, bearing individual responsibility for their evaluation results and collective responsibility for the Council's final conclusion.
c) The Council's advisory meeting may be conducted either in person or online.
2. Procedure and Content of Work of the Council
a) The Council works according to the procedure and content stipulated in Clauses 1, 2, 3, 4, Points a, b, c, and d Clause 5, Clauses 7, 9, 10, and Clause 11 of Article 11 of Circular No. 08/2017/TT-BKHCN.
b) The Comment Sheet is established according to Model B7-NXNV; the Ballot Counting Minutes are established according to Models B9-BBKP and B10-THKP; the Meeting Minutes are established according to Model B11-BBHĐ issued together with this Circular.
3. Completing the Task File According to the Council's Conclusion
a) Within five working days from the date the Council approves the Meeting Minutes, the General Department of Standardization, Metrology, and Quality Management shall notify the organization that has proposed the task assignment of the Council's meeting results.
b) Within ten working days from the date the Council approves the Meeting Minutes, the organization that has proposed the task assignment shall submit to the General Department of Standardization, Metrology, and Quality Management the following documents:
(i) The original Application File for Selection and Direct Assignment (if the registering organization submitted the Application File via electronic environment);
(ii) The completed Application File according to the Council's conclusion;
(iii) A report explaining the contents that have been completed according to the Council's conclusion, signed by the Chairman of the Council.
4. For Application Files submitted via electronic environment that have been recommended for selection and direct assignment by the Advisory Council, the General Department of Standardization, Metrology, and Quality Management shall review the original Application File for Selection and Direct Assignment against the Application File submitted via electronic environment. The review result shall be established according to Model B12-ĐCHS issued together with this Circular.
If discrepancies are found between the original file and the Application File submitted via electronic environment during the review, the General Department of Standardization, Metrology, and Quality Management shall request the Advisory Council to re-evaluate and determine the type of the file with non-matching information, and simultaneously consider the Application File with the next lowest ranking result (if available) that meets the requirements stipulated in Clause 1 of Article 18 of this Circular to recommend for selection and direct assignment instead of the excluded file.
Article 18. Requirements for files selected and directly assigned to perform tasks
1. The file recommended by the Council for selection and direct assignment to perform tasks must simultaneously meet the following requirements:
a) The average total score from the evaluations of the members must be at least 70 points, with no criterion having more than 1/3 of the present council members giving it a score of zero;
b) The average score on the feasibility assessment must be at least 40 points.
2. In cases where multiple registration files for a task meet the provisions of Clause 1 of this Article, the file recommended for selection will be the one with the highest average total score.
3. In cases where multiple registration files for a task meet the provisions of Clause 1 of this Article and have equal average scores, the files will be chosen in the following priority order:
a) The file with a higher average score on the feasibility assessment;
b) The file with a higher average score on the effectiveness and sustainability assessment;
c) If the average scores of the feasibility criteria among the files are equal as stipulated in point a of Clause 3 of this Article, and the average scores of the effectiveness and sustainability criteria are also equal as stipulated in point b of Clause 3 of this Article, the Chairman of the Council or the Vice-Chairman authorized to chair the session shall decide on the selected file.
Article 19. Independent Consultant's Evaluation of Registration Files for Selection and Direct Assignment to Perform Tasks
The independent consultant's evaluation of registration files for selection and direct assignment to perform tasks shall be carried out according to the provisions of Articles 18, 19, and 20 of Chapter IV of Circular No. 08/2017/TT-BKHCN. It shall be specifically applied to tasks under the Program as follows:
1. The Ministry of Science and Technology shall organize the collection of opinions from at least two independent consultants in the following situations:
a) The Council does not reach a consensus on the selection and direct assignment results;
b) There are complaints or reports related to the activities and conclusions of the Council.
2. In cases where there is a need to collect opinions from independent consultants, the Standardization, Metrology and Quality Control Department shall coordinate with the Planning and Finance Department under the Ministry of Science and Technology to review, agree upon, and report to the Minister of Science and Technology for consideration and guidance.
3. Within five working days from the date the Minister of Science and Technology issues guidance, the Standardization, Metrology and Quality Control Department shall be responsible for preparing and sending the following documents to the independent consultants:
a) A letter from the Ministry of Science and Technology inviting independent consultants to evaluate the registration files for selection and direct assignment;
b) The registration files for selection and direct assignment as prescribed in Article 12 of this Circular.
4. Conditions for independent consultants, procedures for collecting opinions, and responsibilities of independent consultants shall be implemented according to the provisions of Article 18, Clause 2 of Article 19, and Article 20 of Circular No. 08/2017/TT-BKHCN.
5. Within five working days from the date of receiving the opinion of the independent consultant, the Standardization, Metrology and Quality Control Department shall notify in writing the organization that submitted the registration file for selection and direct assignment and guide the organization recommended for selection and direct assignment to complete the file according to the independent consultant's advice (if applicable).
6. Within ten days from the date of receiving the notification document from the Standardization, Metrology and Quality Control Department as stipulated in Clause 5 of this Article, the organization recommended to host the task shall complete and submit the file to the Standardization, Metrology and Quality Control Department.
Article 20. Examination of Funding for Task Implementation
1. The examination of funding for task implementation shall be conducted by the Funding Examination Team in accordance with the provisions of Clause 4 and 5, Article 8 of Circular No. 08/2017/TT-BKHCN. Specific application to tasks under the Program is as follows:
The Funding Examination Team, established by the Minister of Science and Technology, consists of five members: the Team Leader is a representative of the General Directorate for Standardization, Metrology and Quality Control, the Deputy Team Leader is a representative of the Planning and Finance Department under the Ministry of Science and Technology, one member is the Chairman or Vice-Chairman or a member of the advisory board for task selection, directly assigned to implement the task, one member is a leader of the Planning and Finance Department under the General Directorate for Standardization, Metrology and Quality Control, and one member is a specialist from the Planning and Finance Department under the Ministry of Science and Technology.
2. The principles of operation, responsibilities of the Funding Examination Team, and procedures for conducting examinations shall be carried out in accordance with the provisions of Articles 13 and 14 of Circular No. 08/2017/TT-BKHCN. The minutes of the funding examination for the task shall be recorded on Form B13- BBTĐKP issued together with this Circular.
3. Within ten working days from the date of receipt of the dossier in accordance with Point b, Clause 3, Article 17 or Clause 6, Article 19 of this Circular, the General Directorate for Standardization, Metrology and Quality Control shall organize a meeting to examine the funding for task implementation.
4. Within three working days from the date the Funding Examination Team approves the meeting minutes, the General Directorate for Standardization, Metrology and Quality Control shall notify the results of the funding examination to the leading organization and the principal of the task.
Article 21. Approval of Selection Results and Direct Assignment to Implement Tasks
The approval of selection results and direct assignment to implement tasks shall be carried out in accordance with the provisions of Article 15 of Circular No. 08/2017/TT-BKHCN. Specific application to tasks under the Program is as follows:
1. Within ten days from the completion of the funding examination, the leading organization and principal of the task shall be responsible for completing the task description in accordance with the conclusions of the Funding Examination Team and resubmitting it to the General Directorate for Standardization, Metrology and Quality Control, accompanied by a report on the completion of the task description, confirmed by the Team Leader of the Funding Examination Team.
2. Within five working days from the date of receipt of the dossier specified in Clause 1 of this Article, the General Directorate for Standardization, Metrology and Quality Control shall take the lead and coordinate with the Planning and Finance Department under the Ministry of Science and Technology to submit to the Minister of Science and Technology for consideration and approval of the selection results and direct assignment to implement tasks under the Program.
3. In cases where necessary, the General Directorate for Standardization, Metrology and Quality Control shall take the lead and coordinate with the Program Steering Committee to conduct an actual inspection of the material and technical facilities, human resources, and financial capacity of the organization proposed to be assigned to lead the implementation of the task before submitting to the Minister of Science and Technology for approval of the results.
4. The dossier for approval of the selection results and direct assignment to implement tasks includes:
a) Application form for the results of selection and direct assignment to implement tasks;
b) Registration dossier for selection and direct assignment to implement tasks as stipulated in Clause 1, Article 12 of this Circular, including the completed task description in accordance with Clause 1 of this Article;
c) Decision approving the List of Tasks, decisions establishing the Advisory Board for Selection and Direct Assignment and the Funding Examination Team;
d) Minutes of the Advisory Board meeting along with the Evaluation Forms of the Advisory Board members for Selection and Direct Assignment and the Minutes of the Funding Examination Team meeting;
đ) Draft decision approving the leading organization, principal individual, funding, cost-sharing method, and implementation period of the task.
Article 22. Announcing the results of selection, directly assigning tasks, and retaining and managing original files
The announcement of the results of selection, direct assignment of tasks, and retention and management of original files shall be carried out in accordance with the provisions set forth in Article 16 of Circular No. 08/2017/TT-BKHCN. Specific application for tasks under the Program is as follows:
1. Within five working days from the date on which the Minister of Science and Technology approves the results of selection and direct assignment of tasks, the General Department of Standardization, Metrology and Quality Management shall notify the organization that has registered to undertake the task and announce it on the Ministry of Science and Technology's electronic portal and the General Department of Standardization, Metrology and Quality Management's electronic portal.
The content of the announcement includes: the name of the task; the name of the leading organization and the principal individual of the task; a summary of the objectives; anticipated results, products of the task and the time frame for implementation of the task.
2. After the completion of the selection process, direct assignment, and financial assessment of the task, the administrative secretary of the meetings shall be responsible for compiling the documents and submitting the original file set (including non-winning applications) for retention and management in accordance with the law.
Article 23. Revoking the decision approving the results of selection and direct assignment to implement national science and technology tasks under the Program
The revocation of the decision approving the results of selection and direct assignment to organizations and individuals to implement national science and technology tasks under the Program shall be carried out in accordance with the provisions set forth in Article 17 of Circular No. 08/2017/TT-BKHCN. Specific application for tasks under the Program is as follows:
1. The Ministry of Science and Technology shall revoke the decision approving the results of selection and direct assignment to implement national science and technology tasks under the Program if any of the following situations are discovered:
a) The registering organization and the registering principal individual of the task engage in fraudulent behavior, deceit, or make dishonest declarations or commitments in the registration documents for participating in the selection and direct assignment of tasks;
b) Violation of the requirements and conditions stipulated in Article 6 of this Circular;
c) Overlap in funding for implementing national science and technology tasks from other state budget sources.
2. Organizations and principal individuals of national science and technology tasks whose decisions are revoked may be subject to legal sanctions depending on the severity of the violation.
Section 3. CONTRACT SIGNING, MONITORING AND ADJUSTMENTS DURING THE IMPLEMENTATION OF NATIONAL SCIENCE AND TECHNOLOGY TASKS
Article 24. Signing contracts to implement tasks
The Minister of Science and Technology authorizes the General Department of Standardization, Metrology and Quality Management to sign contracts to implement national science and technology tasks with the leading organizations of the tasks according to Model C1-HĐNV issued together with this Circular. In necessary cases, the contract model can be adjusted to suit the nature of the task, ensuring strictness and consistency.
Article 25. Reporting on the progress of implementation and monitoring and evaluating the progress of implementation of tasks
1. The leading and principal organizations of the tasks are responsible for reporting periodically (every six months and annually) or at any time upon request of the General Department of Standardization, Metrology and Quality Management on the progress of implementation and the use of task funds according to Models C2-BCND and C3-BCKP issued together with this Circular.
2. The General Department of Standardization, Metrology and Quality Management shall take the lead and coordinate with the Program Steering Committee and related units to organize periodic or ad hoc monitoring and evaluation of the progress of implementation and the use of task funds.
a) Inspection Content:
a1) Progress of implementation; scientific and technological content; results and products achieved in the task as per the signed contract;
a2) Situation regarding the use of state budget support funds and matching funds (if any);
a3) Other contents (if any).
b) Inspection Time:
b1) Once a year from the effective date of the contract;
b2) At any time upon request of the Ministry of Science and Technology or the General Department of Standardization, Metrology and Quality Management.
c) The inspection team shall be established by the Director of the General Department of Standardization, Metrology and Quality Management, with the team leader being the Director of the General Department of Standardization, Metrology and Quality Management or a person authorized by the Director of the General Department of Standardization, Metrology and Quality Management; members include representatives of the Program Steering Committee, representatives of the Planning and Finance Department under the Ministry of Science and Technology, representatives of the unit managing the task funds (for relevant tasks), experts in the research field of the task (if necessary), and other members.
d) The inspection procedure and handling of post-inspection results shall be carried out in accordance with the provisions set forth in Articles 10 and 11 of Circular No. 04/2015/TT-BKHCN dated March 11, 2015, issued by the Minister of Science and Technology, concerning the inspection, evaluation, adjustment, and termination of contracts during the implementation of national science and technology tasks using state budget funds.
Article 26. Adjustment of Time for Task Execution
1. The leading organization of the task may request an extension or shortening of the time for task execution when necessary.
2. Within fifteen days from the date of receipt of the request document from the leading organization of the task, the General Department of Standards, Metrology and Quality Management shall examine the reasons for requesting an extension or shortening of the time for task execution and submit to the Minister of Science and Technology for examination and decision.
3. An extension of the time for task execution may be granted up to two times for each task, with the total extended time for one (01) task not exceeding twelve months. In special cases, the extension of the time for task execution shall be decided by the Minister of Science and Technology. The extension of the time for task execution shall only be considered at least one (01) month before the end of the task implementation contract.
4. Shortening the time for task execution shall only be considered when the task has been carried out for at least three-quarters of the registered total time.
Article 27. Other Changes and Adjustments
1. Change of the head of the task implementation according to Article 16 of Circular No. 04/2015/TT-BKHCN. The new head of the task must meet the requirements stipulated in Clause 3, Article 6 of this Circular.
2. Other adjustments shall be implemented according to the provisions of Articles 13, 14, 15, 17, and 18 of Circular No. 04/2015/TT-BKHCN.
Article 28. Authority, Procedure, and Formalities for Changes and Adjustments
1. The Minister of Science and Technology shall examine and decide on adjustments regarding the name of the task, objectives, products of the task, and changes in the leading organization of the task in cases where there is a decision by the competent authority regarding the merger, division, or dissolution of the leading organization of the task.
2. The leading organization of the task shall decide on adjustments to the contents as prescribed in Clause 1, Article 19 of Circular No. 04/2015/TT-BKHCN.
3. The Director of the General Department of Standards, Metrology and Quality Management shall assist the Minister of Science and Technology in examining and deciding on adjustments to contents not covered by Clauses 1 and 2 of this Article.
4. The procedure and formalities for adjustments shall be implemented according to the provisions of Article 20 of Circular No. 04/2015/TT-BKHCN.
Article 29. Termination of Contract During Task Implementation
1. Cases of termination of the contract during task implementation shall be carried out according to the provisions of Article 21 of Circular No. 04/2015/TT-BKHCN.
2. Authority, Procedure, and Formalities for Terminating the Contract
a) Authority for Implementing Termination of the Contract
a1) The Minister of Science and Technology shall issue a decision to terminate the contract. The termination decision shall clearly specify the amount of funds to be refunded to the state budget, the plan for handling products or assets formed or purchased during the task implementation process (if any).
a2) The Director of the General Department of Standards, Metrology and Quality Management shall carry out the contract liquidation with the leading organization of the task.
b) Procedure and Formalities for Terminating the Contract Shall Be Implemented According to the Provisions of Article 22 of Circular No. 04/2015/TT-BKHCN.
Section 4. EVALUATION AND ACCEPTANCE OF THE RESULTS OF IMPLEMENTING NATIONAL SCIENCE AND TECHNOLOGY TASKS
Article 30. Self-Evaluation of Task Results:
The leading organization and the head of the task have the responsibility to self-evaluate the results of task implementation according to Articles 12 and 13 of Circular No. 11/2014/TT-BKHCN dated May 30, 2014, issued by the Minister of Science and Technology on the evaluation and acceptance of the results of implementing national science and technology tasks using state budget funds before submitting the national evaluation and acceptance dossier to the General Department of Standards, Metrology and Quality Management.
Article 31. Documents for Evaluation and Acceptance of Task Implementation Results
The documents for evaluation and acceptance of task implementation results include:
1. A request letter for evaluation and acceptance of task implementation results issued by the leading organization according to Model D1-CVNT promulgated together with this Circular;
2. A comprehensive report and a summary report on the results of task implementation prepared according to Model D2-BCTHKQ promulgated together with this Circular;
3. Products and results of the task in accordance with the contract and approved task description, along with any adjustment documents (if any);
4. An internal assessment report on the results of task implementation prepared according to Model D3-BCTĐG promulgated together with this Circular;
5. A copy of the contract and task description;
6. Confirmation documents and related materials concerning the publication, dissemination, training, reception, and utilization of research results (if any);
7. A confirmation document regarding the agreement among authors on the order of their names in the list of task implementers;
8. A report on the use of funds for the task;
9. Other relevant documents (if any).
Article 32. Submission of Documents for Evaluation and Acceptance of Task Implementation Results
1. The submission of documents for evaluation and acceptance shall consist of one original set (with stamps and direct signatures), presented and printed on A4 paper size, using Vietnamese font from the Unicode character set according to national standard TCVN 6909:2001, font size 14, and one electronic copy (in PDF format, without security settings).
2. The method of submitting documents and the date of receiving documents shall be carried out in accordance with the provisions of Clause 4 and Clause 5 of Article 8 of this Circular.
3. The deadline for submitting documents and verifying the validity of the documents shall be implemented in accordance with the provisions of Clause 1 and Clause 3 of Article 7 of Circular No. 11/2014/TT-BKHCN.
Article 33. Advisory Board and Expert Team for Evaluation and Acceptance of Task Implementation Results
1. The advisory board for evaluation and acceptance of task implementation results shall be established by the Minister of Science and Technology within fifteen working days from the date when the National Standardization Agency receives complete and valid documents for evaluation and acceptance of task implementation results.
2. The advisory board shall have seven or nine members, including the Chairman, Vice-Chairman, two opposing members, and one scientific secretary. Members of the advisory board are experts in quality and productivity, specialists with expertise and practical experience in the field of the task, representatives of relevant agencies, including at least one member who has participated in the advisory board for determining the task or the advisory board for selecting and directly implementing the task.
Individuals falling under any of the circumstances stipulated in Clause 5 of Article 9 of Circular No. 11/2014/TT-BKHCN shall not participate in the advisory board.
3. The expert team for evaluation and acceptance of national-level task implementation results (hereinafter referred to as the Expert Team) shall be established in cases where the task involves direct support activities at organizations or enterprises, and products that require verification.
The Expert Team shall consist of three members, including members of the advisory board appointed by the Chairman or Vice-Chairman as the team leader.
The Expert Team is responsible for checking and validating the reliability of products of the task, assessing and validating the actual implementation of support activities at enterprises. The National Standardization Agency will cooperate with the Expert Team to select organizations or enterprises for on-site validation through random sampling or key point inspection methods.
The validation report of the Expert Team shall be prepared according to Model D4-BCTĐSP promulgated together with this Circular and shall serve as one of the bases for the advisory board to consider when evaluating and accepting the results of task implementation.
Article 34. Procedure, Content of Work of the Advisory Council for Evaluation and Acceptance of Task Implementation Results
1. The session of the Council shall only be held when the following requirements are simultaneously met:
a) The General Department of Standardization, Metrology and Quality has received written comments from at least two reviewers and the report of the Expert Group (if any) at least one working day before the Council's meeting;
b) There is the participation of at least five members (for a council with seven members) or at least seven members (for a council with nine members), including the Chairman or Vice-Chairman and two reviewers. In case of absence, the Chairman of the Council authorizes the Vice-Chairman of the Council to chair the session in writing according to Model B14-GUQ issued together with this Circular.
2. Procedure of Work of the Council
The Council works according to the procedure prescribed in Clause 5 of Article 10 of Circular No. 11/2014/TT-BKHCN.
3. The session of the Advisory Council may be conducted either in person or online.
Article 35. Principles, Requirements, Contents, Methods of Evaluation and Rating Levels of the Council
1. Principles and requirements for evaluation and acceptance of task implementation results are implemented according to the provisions of Articles 3 and 11 of Circular No. 11/2014/TT-BKHCN, wherein the evaluation of task implementation results is conducted through an evaluation form signed by the General Department of Standardization, Metrology and Quality.
2. Content of evaluation and requirements for products of tasks are implemented according to the provisions of Article 12 of Circular No. 11/2014/TT-BKHCN.
3. Methods of evaluation and classification for tasks are implemented according to the provisions of Article 13 of Circular No. 11/2014/TT-BKHCN.
4. Organizing to obtain opinions from independent experts on evaluation and acceptance of task implementation results are implemented according to the provisions of Articles 14 and 22 of Circular No. 11/2014/TT-BKHCN.
Article 36. Recognition of National Task Implementation Results
1. The application dossier for recognition of task implementation results includes:
a) Minutes of the Advisory Council's meeting for evaluation and acceptance of task implementation results;
b) Report on completing the acceptance dossier according to the Advisory Council's conclusions established according to Model D5-BCHT issued together with this Circular;
c) Opinions of independent experts (if any);
d) Copy of the certificate of registration of task implementation results.
2. Within ten working days from the date of receiving all documents specified in points b and d of Clause 1 of this Article, the General Department of Standardization, Metrology and Quality shall submit to the Minister of Science and Technology for consideration and issuance of a decision recognizing national science and technology task implementation results under the Program according to the provisions of Circular No. 11/2014/TT-BKHCN.
Article 37. Liquidation of Contracts and Handling of Assets After Completion of Tasks
1. The General Department of Standardization, Metrology and Quality shall conduct liquidation of contracts for task implementation with the organization responsible for the task according to Model D6-TLHĐ issued together with this Circular.
2. The organization responsible for and in charge of the task shall have the responsibility to manage and exploit the results of task implementation according to the law.
3. Handling of assets formed through the implementation of tasks according to Decree No. 70/2018/NĐ-CP dated May 15, 2018 of the Government on management and use of assets formed through the implementation of science and technology tasks using state funds; Circular No. 63/2018/TT-BTC dated July 30, 2018 of the Minister of Finance guiding some provisions of Decree No. 70/2018/NĐ-CP, Circular No. 10/2019/TT-BTC dated February 20, 2019 of the Minister of Finance guiding the determination of the value of assets being the results of science and technology tasks using state funds, and Circular No. 02/2020/TT-BKHCN dated August 10, 2020 of the Minister of Science and Technology guiding the implementation of Clause 1 of Article 41 of Decree No. 70/2018/NĐ-CP.
Chapter III. MANAGEMENT OF MINISTERIAL AND PROVINCIAL SCIENTIFIC AND TECHNOLOGICAL TASKS AND TASKS ASSIGNED WITH AUTHORITY UNDER THE PROGRAM
Article 38. Management of Ministerial Scientific and Technological Tasks under the Program
1. Ministerial scientific and technological tasks under the Program include the tasks specified in Clause 1 of Article 3 and Clause 2 of Article 4 of this Circular.
2. Ministries and sectors shall take the lead in drafting, approving, and organizing the implementation of ministerial scientific and technological tasks under the Program within their authority.
3. The procedures for drafting, approving, and implementing ministerial scientific and technological tasks under the Program shall be carried out in accordance with the regulations on managing ministerial scientific and technological tasks issued by ministries and sectors.
Article 39. Management of Provincial Scientific and Technological Tasks under the Program
1. Provincial scientific and technological tasks under the Program include the tasks specified in Clause 1 of Article 3 and Clause 3 of Article 4 of this Circular.
2. Provincial People's Committees shall take the lead in drafting, approving, and organizing the implementation of provincial scientific and technological tasks under the Program within their authority.
3. The procedures for drafting, approving, and implementing provincial scientific and technological tasks under the Program shall be carried out in accordance with the regulations on managing provincial scientific and technological tasks.
Article 40. Management of Tasks Assigned with Authority Under the Program
1. "Tasks assigned with authority"under the Program include the tasks specified in Clause 2 of Article 3 of this Circular.
2. Each year, the agency responsible for organizing the implementation of the Program’s tasks at ministries, sectors, and localities shall develop plans to implement the"tasks assigned with authority"and submit them for review and approval by the competent authorities at ministries, sectors, and localities.
Based on the annual plan that has been approved, the agency responsible for organizing the implementation of the Program’s tasks at ministries, sectors, and localities shall organize the examination and approval of the content, audit the budget, approve, and organize the implementation according to the provisions of laws on standards, quotas, and state budget expenditure regulations, procurement laws, and management regulations of ministries, sectors, and localities (if applicable); the process of preparing, allocating, assigning, executing, and settling the budget for implementing"tasks assigned with authority""tasks assigned with authority"shall be carried out in accordance with Circular No. 35/2021/TT-BTC dated May 19, 2021, issued by the Minister of Finance on financial management mechanisms for the National Program to Support Enterprises in Improving Productivity and Quality from 2021 to 2030 and current laws.Encouragement is given to the implementation of
"tasks assigned with authority"through the management method of scientific and technological tasks.Article 41. Ministry of Science and Technology
Chapter IV. IMPLEMENTATION ORGANIZATION
1. Responsibilities of the Ministry of Science and Technology
a) To take the lead, manage, and organize the implementation of the Program and perform the assigned tasks under Clause 1 of Section IV of Article 1 of Decision No. 1322/QĐ-TTg of the Prime Minister.
b) To organize common activities of the Program. Manage national-level scientific and technological tasks under the Program.
c) To compile the budget estimate of the Program managed by the Ministry of Science and Technology to balance within the annual state budget estimate for science and technology affairs; assign the budget for implementing national-level scientific and technological tasks, and the budget for implementing
"tasks assigned with authority"under the Program within the scope of management of the Ministry of Science and Technology.d) To organize activities to honor and reward collectives and individuals who have achieved outstanding results in promoting productivity and quality improvement.
đ) To evaluate results, mid-term reviews, and final summaries of the Program; report to the Prime Minister on the implementation status of the Program.
2. The Standardization, Metrology, and Quality Control General Department under the Ministry of Science and Technology is the permanent body of the Program and is responsible for:
a) Assisting the Minister of Science and Technology in performing state management functions over the Program, organizing common activities of the Program; managing national-level scientific and technological tasks under the Program and implementing the Program's tasks within the scope of management of the Ministry of Science and Technology.
b) To take the lead and coordinate with relevant units under the Ministry of Science and Technology according to their functions, tasks, and powers assigned, to implement the tasks stipulated in Clause 1 of this Article, specifically:"tasks assigned with authority"b1) To receive proposals for tasks, compile a list of proposed tasks; organize the determination of tasks, selection, direct assignment of tasks, audit of funds; sign contracts to implement tasks; adjust and terminate contracts for task implementation; organize the evaluation and acceptance of task implementation results; approve bidding plans for purchasing assets using the science and technology state budget of national-level scientific and technological tasks under the Program according to the law;
b2) To coordinate with relevant units to build the budget estimate for managing tasks under the Program: unify with relevant units to adjust content and budget for submission to the Minister of Science and Technology for consideration and decision; carry out regular or spot inspections and audits on the implementation of tasks under the Program according to this Circular and the law;
b3) To guide and support ministries, sectors, and localities in implementing the Program's tasks;
b4) To prepare periodic reports, mid-term summaries, evaluation reports, and final summaries of the Program's implementation; organize mid-term and final summaries of the Program's activities;
b5) To propose to the Minister of Science and Technology forms of honor and rewards for organizations and individuals with outstanding achievements in improving productivity and quality.
b4) Establish periodic reports, mid-term reviews, evaluation reports, and final summaries on the implementation of the Program; organize mid-term and final reviews of the Program's activities;
b5) Propose to the Minister of Science and Technology regarding forms of honor and reward for organizations and individuals with outstanding achievements in productivity and quality improvement activities;
b6) Establish, maintain, and update the implementation status of tasks on the electronic news page of the Program; disseminate information and promote the activities of the Program; publicize the results of tasks under the Program;
b7) Perform other tasks assigned by the Minister of Science and Technology.
c) The Director of the Standards Measurement and Quality Control General Department proposes and submits to the Minister of Science and Technology for designation of the unit managing the budget for national science and technology tasks under the Program assigned to organizations not under the main responsibility of the Ministry of Science and Technology.
Article 42. Steering Committee of the Program
1. The Steering Committee of the Program shall be established by the Minister of Science and Technology to assist the Minister of Science and Technology in implementing and managing the Program. The Steering Committee of the Program shall have from seven to nine members including representatives of the Program management agency, experts in productivity and quality fields, and some other experts from related industries and sectors.
2. Roles and responsibilities of the Steering Committee of the Program
a) Coordinate with the Standards Measurement and Quality Control General Department to develop guidelines for implementing tasks and solutions of the Program for the five-year period and annually;
b) Coordinate in receiving, compiling, selecting proposals for national-level tasks under the Program proposed by ministries, localities, organizations, enterprises, and individuals;
c) Take the lead in organizing research, identifying, and searching for highly feasible tasks to propose tasks and propose the Ministry of Science and Technology to organize the determination, approval of the list of science and technology tasks under the Program;
d) Coordinate with the Standards Measurement and Quality Control General Department to organize the selection and direct assignment of tasks; monitor and urge the implementation process of science and technology tasks under the Program to ensure the goals, contents, products, and progress; participate in inspection, adjustment, evaluation, acceptance, and summary of the Program; propose handling issues arising during the implementation of the Program;
đ) Coordinate with the Standards Measurement and Quality Control General Department to guide and support ministries, sectors, and localities in implementing the Program;
e) Coordinate with the Standards Measurement and Quality Control General Department to build reports (annually, ad hoc as required; interim; final) on the results of the Program to submit to the Ministry of Science and Technology;
g) Coordinate with the Standards Measurement and Quality Control General Department to propose rewards for organizations and individuals with outstanding achievements; recommend handling violations by the main organizers and leaders of tasks during the implementation of Program tasks;
h) Coordinate with the Standards Measurement and Quality Control General Department to organize evaluations and summaries of the results of achieving the goals and contents of the Program.
Article 43. Ministries and Sectors
1. Coordinate with the Ministry of Science and Technology to implement the Program according to the division of labor specified by the Prime Minister in Clause 2 and Clause 3 Section IV Article 1 Decision No. 1322/QĐ-TTg.
2. Propose orders for national-level science and technology tasks within their areas of management. Coordinate with the Ministry of Science and Technology to manage national-level science and technology tasks under the Program proposed by the ministry or sector.
3. Organize the management of ministry-level science and technology tasks and"tasks assigned by authorized bodies"within the Program's scope of management.
4. Proactively integrate tasks and solutions of the Program into the implementation of programs and projects of the ministry or sector to enhance the effectiveness of supporting businesses in improving productivity and product quality.
5. Designate and assign the focal units of the ministry or sector to implement the tasks stipulated in Clauses 1, 2, 3, and 4 of this Article.
Article 44. Provincial People's Committees
1. Coordinate with the Ministry of Science and Technology to implement the Program according to the division of labor specified by the Prime Minister in Clause 5, Section IV, Article 1 of Decision No. 1322/QĐ-TTg.
2. Organize the management of provincial science and technology tasks and"tasks assigned by competent authorities"within the Program at the local level.
3. Propose to commission national-level science and technology tasks. Coordinate with the Ministry of Science and Technology to manage national-level science and technology tasks within the Program proposed by the locality.
4. The provincial specialized agency on science and technology shall take the lead, coordinate with relevant agencies and units to assist the provincial People's Committee in organizing the implementation of tasks as stipulated in Clauses 1, 2, and 3 of this Article.
Article 45. Vietnam Chamber of Commerce and Industry, Vietnam Association of Small and Medium Enterprises, Vietnam Federation of Trade Unions, and central and local business associations
1. Coordinate with the Ministry of Science and Technology to implement the Program according to the division of labor specified by the Prime Minister in Clause 6, Section IV, Article 1 of Decision No. 1322/QĐ-TTg.
2. Guide organizations, businesses, and individuals to register for participation in the Program.
Article 46. Organizations responsible for leading and managing national-level science and technology tasks
1. Responsibilities of the organization leading the national-level science and technology task
a) Be responsible for the truthfulness, accuracy, and legality of the application dossier for selecting and directly assigning the leadership to carry out national-level science and technology tasks under the Program as prescribed in Article 12 of this Circular;
b) Be responsible for the content and results of the national-level science and technology task and other contents assigned to lead;
c) Sign the contract for implementing the national-level science and technology task;
d) Be responsible for managing and organizing the implementation of the national-level science and technology task according to the signed contract;
đ) Manage the allocated funds, raise sufficient funds and disburse them according to the schedule committed in the contract for implementing the national-level science and technology task; organize bidding, procurement, and management of equipment for the national-level science and technology task in accordance with the law;
e) Implement regular reporting every six months and annually or ad hoc (as required by the supervisory authority) on the progress of implementation to the competent authority. Create favorable conditions and provide full information to supervisory authorities for inspection and audit of the national-level science and technology task;
g) Be responsible for self-assessing the results of the national-level science and technology task led by themselves;
h) Organize the management, exploitation, transfer, and application of the results of the national-level science and technology task; handle assets of the national-level science and technology task in accordance with the law.
2. Responsibilities of the head of the national-level science and technology task
a) Be responsible for the truthfulness, accuracy, and legality of the application dossier for selecting and directly assigning the leadership to carry out national-level science and technology tasks under the Program as prescribed in Article 12 of this Circular;
b) Implement the national-level science and technology task; be responsible for the results and effectiveness of the national-level science and technology task;
c) Use funds for their intended purpose effectively; implement financial management of the national-level science and technology task in accordance with the law;
d) Be guaranteed the necessary conditions to carry out the national-level science and technology task as agreed in the contract; propose and recommend adjustments when necessary;
đ) Supervise and urge organizations and individuals participating in the implementation of the national-level science and technology task according to the contract; report regularly every six months and annually and report ad hoc on the progress of implementation and use of funds for the national-level science and technology task to the competent authority;
e) Carry out the publication, submission, transfer, and application of results and products of the national-level science and technology task in accordance with the law;
g) Coordinate with the organization leading the national-level science and technology task in handling assets formed in accordance with the law.
Chapter V. IMPLEMENTATION PROVISIONS
Article 47. Transitional Provisions
1. National science and technology tasks under the Program that have been announced for selection, directly assigned, or selected and directly assigned before this Circular takes effect shall continue to be implemented in accordance with existing legal regulations which serve as the basis for selecting and directly assigning organizations to carry out national science and technology tasks funded by the State budget, or in accordance with the provisions of this Circular.
2. In cases where the relevant legal documents that refer to this Circular are amended, supplemented, or replaced, they shall be implemented in accordance with the corresponding provisions of the new legal documents.
Article 48. Effective Date
1. This Circular takes effect from December 1, 2022.
2. During the implementation process, if any difficulties arise, agencies, organizations, and individuals are requested to promptly report them to the Ministry of Science and Technology for research, amendment, and supplementation to ensure appropriateness.
3. The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central government, and related organizations and individuals are responsible for implementing this Circular.
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Place of Receipt: - Provincial People's Committees, Municipal People's Committees directly under the Central Government; - Central Party Office; - President's Office; - National Assembly's Office; - Supreme People's Court; - State Council for Education and Human Resource Development; - Official Gazette; - To be filed with: VT, TĐC, PC. |
DEPUTY MINISTER DEPUTY MINISTER (Signed) LE XUAN DINH |
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