Circular No. 17/2014/TT-BKHCN provides regulations on the conditions for establishing and operating intermediary organizations in the science and technology market.

CIRCULAR

Amending and supplementing Circular No. 19/2013/TT-BKHCN dated August 15, 2013 of the Ministry of Science and Technology guiding the management of the program to support the development of science and technology enterprises and public scientific and technological organizations implementing the self-management and self-responsibility mechanism.

On the basis of Decision No. 592/QD-TTg dated May 22, 2012 of the Prime Minister approving the Program to support the development of science and technology enterprises and public scientific and technological organizations implementing the self-management and self-responsibility mechanism;

At the proposal of the Director of the Personnel Department and the Director of the National Science and Technology Programs Office;

The Minister of Science and Technology issues this Circular amending and supplementing Circular No. 19/2013/TT-BKHCN dated August 15, 2013 of the Minister of Science and Technology guiding the management of the Program to support the development of science and technology enterprises and public scientific and technological organizations implementing the self-management and self-responsibility mechanism (hereinafter referred to as Circular No. 19/2013/TT-BKHCN).

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Pursuant to Decree No. 20/2013/NĐ-CP dated February 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Decision No. 157/QĐ-TTg dated February 1, 2021 of the Prime Minister promulgating the National Product Development Program until 2030;

Article 1. Amend and supplement some contents of Circular No. 19/2013/TT-BKHCN as follows:

"Projects under the Program shall be managed at different levels as follows:

1. Projects directly managed by the Ministry of Science and Technology are those involving two or more specialties and fields, requiring the participation of experienced scientists and experts in those fields, and projects that are important for national defense, security, public health, and environmental protection.

2. Projects delegated to ministries and sectors to manage are those registered and implemented by organizations and individuals under ministries and sectors, proposed by these ministries and sectors to be delegated management authority, in accordance with their conditions, capabilities, and management areas.

1. Amend Article 4 as follows:

3. Projects delegated to localities to manage are those of organizations and individuals in localities, implemented within the scope of a province or city, and proposed by provincial or municipal People's Committees to be delegated management authority, in accordance with the organizational and leadership capabilities of the locality."

2. Amend and supplement Clause 1 and Clause 2 of Article 12 into one clause as follows:

"1. Based on the objectives, content of the Program and the actual conditions and needs of ministries, sectors, and localities, organizations and individuals with the capacity and capability to implement the project shall prepare project files and submit them to the competent authority according to the分级翻译如下：

the division of project management authority stipulated in Article 4 of this Circular.

3. Amend Clause 3, and supplement Clause 4 of Article 14 as follows:

"3. The evaluation of project files will be conducted by comparing the files with the criteria, conditions, content, objectives, quantity, and funding sources of the Program. Project files must be sent to members of the appraisal board at least five working days before the meeting of the board, and to independent consultants at least ten working days before the deadline for submitting their evaluation reports.

4. The Steering Committee of the Program organizes the evaluation of project files. Each appraisal board may advise on one or several projects (in cases where the projects belong to the same field)."

4. Amend and supplement Article 15 as follows:

Article 15. Decision on the main implementer of the project

1. Based on the conclusions of the appraisal board on the project file, the report of the independent consultant on the project file, the Steering Committee of the Program and the Program Office shall submit to the Minister of Science and Technology for consideration and decision on the organization or individual to be the main implementer of the project. In case the project has complex and important characteristics, the Steering Committee and the Program Office shall organize on-site inspections to verify the material and technical facilities, human resources, and financial capacity of the organization or individual proposed to implement the project. In case there are differing opinions between the Steering Committee and the Program Office and the conclusion of the appraisal board, the Steering Committee and the Program Office shall report to the Minister of Science and Technology for consideration and decision on whether to request the appraisal board to reconsider or to form a new appraisal board or to hire an independent consultant.

2. The organization or individual responsible for implementing the project shall complete the project file according to the conclusions of the appraisal board or the report of the independent consultant and submit it to the Program Office within fifteen working days from the date of receipt of the notification of the selection result or direct assignment for the Ministry of Science and Technology to conduct further review of the content and funding for implementation."

5. Amend and supplement Clause 2, Clause 3, and supplement Clause 4 of Article 19 as follows:

"2. The Steering Committee of the Program shall be established by the Minister of Science and Technology and chaired by the Minister, with a Deputy Minister of Science and Technology as Vice-Chairman, and members of the Steering Committee being representatives of the leaders of the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Planning and Investment, and the Vietnam Chamber of Commerce and Industry.

3. The Steering Committee of the Program shall be established by the Minister of Science and Technology, who shall issue regulations on its organization and operation. The Steering Committee of the Program shall have a Chairman, Deputy Chairmen, members, and one administrative secretary assisting the Steering Committee of the Program.

4. The Program Office shall be located at the Ministry of Science and Technology, established by the Chairman of the Steering Committee. The Program Office shall assist the Steering Committee of the Program and the Minister of Science and Technology in managing and organizing the implementation of the Program. The National Science and Technology Programs Office (a public service unit under the Ministry of Science and Technology) shall perform the functions and tasks of the Program Office, specifically as follows:

a) Submitting the work program of the Steering Committee of the Program for approval by the Chairman of the Steering Committee, preparing the necessary content and conditions for the activities of the Steering Committee of the Program, organizing the implementation of common activities of the Program;

b) Propose the establishment and organization of meetings of the appraisal council to evaluate project files; assess and accept the results of project implementation under the Program;

c) Develop plans, prepare annual budget estimates for the Program's common activities; compile the Program's budget estimates; settle the annual budget of the Program according to current regulations; propose adjustments to the content, time, and funding of projects and common activities of the Program when necessary;

d) Prepare contracts for project implementation and sign contracts for project implementation for projects directly managed by the Ministry of Science and Technology; coordinate and guide ministries, sectors, provincial People's Committees under the central government to sign contracts for project implementation for projects delegated by the Ministry of Science and Technology to be managed by ministries, sectors, and localities;

đ) Organize inspections of the implementation of projects directly managed by the Ministry of Science and Technology and participate in periodic or spot inspections of projects delegated by the Ministry of Science and Technology to be managed by ministries, sectors, and localities when necessary;

e) Serve as the focal point for receiving and compiling proposals and recommendations from organizations and individuals primarily responsible for implementing projects under the Program directly managed by the Ministry of Science and Technology and issues related to the development, management, and operation of the Program. Specific provisions regarding the establishment, organization, and operation of the Program Office shall be decided by the Chairman of the Steering Committee."

6. Amend Clause 10 of Article 20 as follows:

"10. Establish an evaluation and acceptance council for the results of project implementation under the Program".

Article 2. Implementation

This Circular takes effect from August 4, 2014. In the course of implementation, if there are difficulties, agencies, organizations, and individuals are requested to report to the Ministry of Science and Technology for consideration and resolution.