Circular No. 17/2015/TT-BKHCN stipulates the management of urgent local science and technology tasks funded by the state budget at the national level.

CIRCULAR

Regulations on managing urgent scientific and technological tasks funded by the state budget at the national level local lead entity for review using the state budget at the national levela

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Pursuant to the Law on Science and Technology dated June 18, 2013;

Pursuant to DecreeNo. 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;FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDS20/2013/ND-CP dated February 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to DecreeNo. resolution of the Director of the Department of Science and Technology Development

Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;on and local science and technology and the Department of thedevelopmentMinister of Science and Technology promulgates this Circular regulating management of urgent local scientific and technological tasks funded by the state budget at the national level.This Decree stipulates the regulations on seniority allowances for teachers.2. Replacing Model 3. PALSTB with Model 3. PALSTB in the Appendix attached to this Circular.

1. This Circular regulates the management and organization of implementation of urgent local scientific and technological tasks funded by the state budget at the national level.No.2. This Circular applies to state agencies, organizations, individuals engaged in science and technology activities, and other organizations and individuals related thereto.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 2. Requirements for urgent local scientific and technological tasks funded by the state budget at the national level

1. General requirements for urgent local scientific and technological tasks funded by the state budget at the national level:

Urgent local scientific and technological tasks funded by the state budget at the national level (hereinafter referred to as urgent local scientific and technological tasks) are scientific and technological tasks that meet the criteria for scientific and technological tasks funded by the state budget at the national level 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, and the following general requirements:

a) Having urgency and the potential contribution of the results created to the implementation of economic and social development tasks at the local level and having an impact on the economic and social development, national defense, and security of localities within the region, enhancing the national scientific and technological capacity.

b) Scientific issues that require mobilizing national scientific and technological resources (human resources, financial resources, research organizational capacity...) or solving urgent tasks at the local level contributing to solving regional and inter-sectoral tasks but exceeding the local capacity to resolve them independently.

c) Having application addresses for the main results created and being committed by local leadership to use the results when the task is completed. The organization or agency expected to apply the results must have sufficient reputation and capability to effectively accept and implement the products created.

d) The duration of each urgent local scientific and technological task, including any extension period, shall not exceed 36 months.

đ) Not overlapping in content with scientific and technological tasks funded by the state budget that have been or are currently being implemented.

2. Specific requirements for scientific and technological projects and experimental production projects carried out in accordance with Clause 2 and Clause 3 of Article 6 of Circular No. 07/2014/TT-BKHCN dated May 26, 2014 of the Minister of Science and Technology on the procedures and formalities for determining national-level scientific and technological tasks funded by the state budget (hereinafter referred to as Circular No. 07/2014/TT-BKHCN).

3. Requirements for scientific and technological projects must meet the following requirements:

b) The results created must be ensured to be applied and contribute to improving the economic efficiency of the investment production project; having a long-term impact on the development of science and technology in the locality in terms of sectors and fields.

c) Having a reliable plan for mobilizing non-budgetary financial sources or being confirmed by financial institutions, credit organizations, or funds to provide sponsorship or guarantee.

d) The progress of implementation must be consistent with the progress of implementing the investment production project.

c) Have a reliable plan for mobilizing financial sources outside the state budget or be confirmed for financing or guarantee by financial organizations, credit institutions, or funds.

The implementation schedule is consistent with the project's investment production deployment schedule.

Article 3. Budget for Implementing Urgent Scientific and Technological Tasks at the Local Level

1. The budget for implementing urgent scientific and technological tasks at the local level shall be guaranteed from the following sources:

a) Central State budget for science and technology affairs;

b) Local State budget for science and technology affairs;

c) Funds raised from other sources (if any).

2. The expenditure of the State budget for urgent scientific and technological tasks at the local level shall be implemented according to the current expenditure regulations stipulated by the competent authority for national-level scientific and technological tasks.

3. Implementation of State budget expenditures for urgent scientific and technological tasks at the local level:

a) Funds sourced from the local budget shall prioritize spending on the following contents of the task: data collection from local agencies; organizing conferences and seminars in the locality; building demonstration models; management, inspection, evaluation activities, and serving technology transfer and application.

b) After being allocated the State budget estimate, the leading unit of the urgent scientific and technological task at the local level shall implement the State budget expenditure according to the current regulations.

c) Funds allocated in the budget estimate for implementing the task, approved by the competent authority, may be transferred to the State budget of the following year for continued expenditure under the prescribed regulations.

4. Financial Reporting and Settlement:

a) Funds from the central State budget for science and technology affairs to implement urgent scientific and technological tasks at the local level shall be separately monitored, reported, and settled, and then consolidated into the annual State budget settlement of the Ministry of Science and Technology.

b) Funds from the local State budget for science and technology affairs and other sources to implement urgent scientific and technological tasks at the local level shall be implemented according to the current regulations applicable to each type of funding source.

Chapter II

MANAGEMENT AND ORGANIZATION OF IMPLEMENTATION OF URGENT LOCAL SCIENTIFIC AND TECHNOLOGICAL TASKS

1. Provincial People's Committees and Municipal People's Committees directly under the Central Government shall consider and select scientific and technological issues that meet the requirements specified in Article 2 of this Circular, build proposals for orders accompanied by commitment documents to allocate part of the local budget and the implementation address of the task, and submit them to the Ministry of Science and Technology.

The construction, completion, and consolidation of proposals for orders of urgent scientific and technological tasks at the local level shall be carried out in accordance with Articles 11, 12, and 13 of Circular No. 07/2014/TT-BKHCN.

2. The Ministry of Science and Technology shall organize the determination of urgent scientific and technological tasks at the local level in accordance with Circular No. 07/2014/TT-BKHCN.

Article 5. Organizing Selection and Direct Assignment of Organizations and Individuals to Implement Urgent Scientific and Technological Tasks at the Local Level

2. Advisory boards determining tasks; selecting and directly assigning must have members who are representatives of local state management agencies for science and technology where the order proposal is made.

Article 6. Organizing the signing of contracts to implement urgent local science and technology tasks

2. The People's Committee of the province or city, or the Department of Science and Technology authorized/delegated by the People's Committee of the province or city, is Party A signing the contract with the leading organization of the task.

3. The contents of the contract for implementing urgent local science and technology tasks shall be applied according to Circular No. 05/2014/TT-BKHCN dated April 10, 2014, issued by the Minister of Science and Technology on the Model Research Contract and Technology Development Contract (hereinafter referred to as Circular No. 05/2014/TT-BKHCN).

Article 7. Inspection, evaluation, and adjustment during the implementation of urgent local science and technology tasks

1. The Ministry of Science and Technology shall coordinate with the People's Committee of the province or city, or authorize/delegate the Department of Science and Technology to conduct regular (or spot) inspections, evaluations, and implementation of the task.

Article 8. Adjustment during the implementation of the task

The adjustment during the implementation of the task shall be carried out according to the provisions of Circular No. 04/2015/TT-BKHCN dated March 11, 2015, issued by the Minister of Science and Technology on the inspection, evaluation, adjustment, and termination of contracts during the implementation of national-level science and technology tasks funded by the state budget.

Article 9. Evaluation, acceptance, and recognition of results of urgent local science and technology tasks

1. Evaluation and acceptance at the location where the task was proposed: Before submitting the national-level acceptance dossier, the leading organization implementing the task shall send a letter requesting the Department of Science and Technology to evaluate and accept the task at the local level (instead of self-assessing the results of the task implementation). The procedures for evaluation and acceptance at the local level shall be carried out according to the provisions of Articles 6, 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 results of national-level science and technology tasks funded by the state budget (hereinafter referred to as Circular No. 11/2014/TT-BKHCN).

2. National-level evaluation and acceptance: Shall be carried out according to the provisions of Articles 6, 7, 8, 9, 10, 11, 12, 13, and Article 14 of Circular No. 11/2014/TT-BKHCN.

Article 10. Termination and liquidation of urgent local science and technology contracts

1. Termination of the contract for implementing urgent local science and technology tasks shall apply to the cases stipulated in Clause 2, 3, 4, and 5 of Article 5 of the Model Contract issued together with Circular No. 05/2014/TT-BKHCN.

2. The procedure for terminating the contract shall be carried out according to Circular No. 04/2015/TT-BKHCN.

Article 11. Handling of assets

The handling of assets for the implementation of urgent local science and technology tasks shall be carried out according to current regulations.

Chapter III
IMPLEMENTATION

Article 12. Responsibilities of the organization in charge of implementing urgent local science and technology tasks

1. Prepare the Task Description.

3. Fulfill obligations and responsibilities according to the approved Contract and Task Description. Propose in writing to the Ministry of Science and Technology for adjustments to the objectives, contents, solutions, and implementation schedule of the task to meet practical requirements and current regulations.

4. Fully comply with regular and ad hoc reporting on the progress of task implementation and final accounting reports to the competent authority.

5. Utilize task funds in accordance with current laws.

6. Bear responsibility before the Ministry of Science and Technology, the People's Committee of the province/city, and the Department of Science and Technology for the results of task implementation.

7. Register and retain task outcomes in accordance with Government Decree No. 11/2014/NĐ-CP dated February 18, 2014 on scientific and technological information activities, and submit a copy of the registration certificate for task outcomes to the People's Committee of the province/city (through the Department of Science and Technology) for task commissioning proposals.

8. Transfer research results, guide organizations and individuals in the locality to receive and apply research outcomes of the task to production and social life.

Article 13. Responsibilities of the Department of Science and Technology

1. Aggregate urgent local science and technology tasks to be submitted to the People's Committee of the province/city for consideration and proposal to the Ministry of Science and Technology for support in implementation.

2. Coordinate with the Department of Finance to prepare and review budget estimates for submission to the competent authority to decide on allocation from the local budget and plans to mobilize other legitimate financial sources for task implementation as prescribed by law. Advance payment, settlement, and final accounting of the local budget counterpart funds in accordance with regulations.

3. Coordinate with the Ministry of Science and Technology to sign contracts, terminate contracts, and accept the outcomes of urgent local science and technology task implementation with the leading organization according to the delegation/designation of the People's Committee of the province/city.

4. Monitor, urge, and participate in inspecting the implementation situation, propose to the Ministry of Science and Technology to handle issues arising during the implementation of national-level urgent local science and technology tasks in the locality.

5. Together with the Ministry of Science and Technology, urge and guide the leading organization to build regular reports and comprehensive summary reports on the results of task implementation in the locality.

6. Establish evaluation and acceptance boards at the local level for urgent local science and technology tasks implemented in the locality.

7. Coordinate with the leading organization of the task, relevant departments to guide the development of plans to apply research outcomes of urgent local science and technology tasks to production and social life.

Article 14. Responsibilities of the People's Committee of the province/city

1. Propose to the Ministry of Science and Technology to consider providing support for the implementation of tasks.

2. Based on the local budget capacity, allocate the committed financial resources to implement the task and direct plans to mobilize other legitimate sources of finance to implement urgent science and technology tasks at the locality in accordance with the law.

3. Jointly with the Ministry of Science and Technology (or delegate/assign the Department of Science and Technology) to sign contracts, settle contracts, and accept the results of implementing urgent science and technology tasks at the locality with the leading organization and principal of the task.

Article 15. Responsibilities of the Ministry of Science and Technology

1. Establish a Task Determination Council; select and review to directly assign the implementation of the task to organizations and individuals with sufficient capacity to implement; organize the assessment of funding and approve the leading organization, principal, funding, method, and time for implementing the task.

2. Sign contracts, settle contracts, record and hand over the results of implementing the task with the leading organization and principal of the task.

3. Aggregate the budget estimate of funding support for the tasks to balance within the budget estimate of the science and technology public service funded by the Ministry of Science and Technology.

4. Regularly or spot-check the implementation of the task.

5. Aggregate the funding for implementing the task according to the volume of work completed in the year (including central public service science and technology funding, local public service science and technology funding, and funding from other sources), settle the portion of central budget funding support in accordance with regulations.

6. Adjust the objectives, contents, funding items, and progress of the tasks that have been approved.

7. Establish a National Science and Technology Council to evaluate and accept the results of implementing the task.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Implementation Provisions

1. This Circular takes effect from November 25, 2015.

2. During the implementation process, if there are any difficulties, agencies, organizations, and individuals should promptly reflect them in writing to the Ministry of Science and Technology for adjustment to be appropriate./.