Circular No. 18/2016/TT-BKHCN guiding the management of National Science and Technology Projects

CIRCULAR

Guidelines for Managing National Science and Technology Projects

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

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;

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;

At the request of the Director of the Department of Science and Technology for Economic and Engineering Industries and the Director of the Legal Department,

The Minister of Science and Technology issues this Circular to guide the management of national science and technology projects using state budget funds.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular guides the management of national science and technology projects (hereinafter referred to as "Science and Technology Projects") using state budget funds as provided in point d, clause 2, Article 25 of 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.

2. This Circular applies to agencies, organizations, enterprises, and individuals participating in implementing and managing Science and Technology Projects.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. The agency proposing to commission a Science and Technology Project (hereinafter referred to as "Commissioning Agency") is a ministry, agency at the level of a ministry, government agency, provincial People's Committee, centrally located city People's Committee, and other central state agencies.

2. The leading organization of a Science and Technology Project is an enterprise or a scientific and technological organization with functions, tasks, and fields of operation suitable for researching and producing key, mainstay, priority, and breakthrough products.

3. The project management unit of a Science and Technology Project (hereinafter referred to as "Project Management Unit") is a unit under the Ministry of Science and Technology responsible for managing Science and Technology Projects.

4. The financial management unit of a Science and Technology Project (hereinafter referred to as "Financial Management Unit") is a unit under the Ministry of Science and Technology responsible for directly managing the financial resources to implement Science and Technology Projects.

Article 3. Requirements for Leading Organizations and Leaders of Science and Technology Projects

1. The leading organization of a Science and Technology Project must meet the following requirements:

a) Being assigned to lead or cooperate in implementing investment projects to produce key, mainstay, priority, or breakthrough products for ministries, sectors, or localities;

b) Having legal personality, sufficient material, financial, human resources, and capability to implement, coordinate research, and apply the results of Science and Technology Projects to production;

c) Receiving a written commitment from the agency or organization leading the investment project regarding investment funds, application of the results of Science and Technology Projects, and responsibility for applying and transferring the results of Science and Technology Projects to the investment project.

2. The leader of a Science and Technology Project is the leader of the leading organization of the Science and Technology Project, having sufficient time and capability to organize and implement the Science and Technology Project. In special cases, it is decided by the Minister of Science and Technology.

Article 4. Requirements for Leading Organizations and Leaders of Tasks within Science and Technology Projects

1. The leading organization of a task within a Science and Technology Project is an enterprise or a scientific and technological organization that meets the following requirements:

a) Having legal personality, business operations (for enterprises) or registered fields of scientific and technological activities (for scientific and technological organizations) consistent with the field of science and technology of the Science and Technology Project;

b) Having sufficient material, financial, human resources, and capability to successfully complete the task within the Science and Technology Project;

c) Submitting a registration form to undertake the tasks within the Science and Technology Project to the leading organization of the Science and Technology Project and being accepted by the leading organization;

d) Meeting the conditions for participating in the selection and direct assignment to undertake national-level scientific and technological tasks as stipulated by the Ministry of Science and Technology.

2. The leader of a task within a Science and Technology Project must meet the requirements and conditions for participating in the selection and direct assignment to undertake national-level scientific and technological tasks as issued by the Ministry of Science and Technology.

Chapter II

PROCEDURE FOR BUILDING SCIENCE AND TECHNOLOGY PROJECTS

Article 5. Organization of construction and proposal for procurement

1. Annually or on an ad hoc basis, based on the decision of the competent authority approving the investment orientation for projects producing key products or groups of priority products, leading products, spearhead products, the agency proposing procurement shall organize the construction and proposal for procurement of Science and Technology Projects and tasks under Science and Technology Projects to be submitted to the Ministry of Science and Technology.

2. The organization of construction and proposal for procurement shall be carried out in accordance with Circular No. 07/2014/TT-BKHCN dated May 26, 2014 issued by the Minister of Science and Technology on the procedures and formalities for determining national science and technology tasks using state budget funds.

3. The procurement proposal documents sent to the Ministry of Science and Technology include:

a) The procurement proposal in accordance with Circular No. 07/2014/TT-BKHCN dated May 26, 2014 issued by the Minister of Science and Technology;

b) One original draft general description of the Science and Technology Project (Model B2-TMTQ-DAKHCN of Appendix I promulgated together with this Circular);

c) A copy of the decision approving or the document accepting the investment orientation for production projects, investment reports, and other related legal documents;

d) A commitment letter from the organization or entity primarily responsible for the production investment project regarding the investment funding and the application of the results of the Science and Technology Project.

4. The Ministry of Science and Technology assigns the Project Management Unit to compile and establish a list of procurement proposals for Science and Technology Projects and tasks under Science and Technology Projects; to preliminarily review and assess the completeness and appropriateness of the procurement proposals for Science and Technology Projects and tasks under Science and Technology Projects (Model B1-TH-DAKHCN of Appendix I promulgated together with this Circular).

Article 6. Determination of the List of Science and Technology Projects and Tasks under Science and Technology Projects

1. The Ministry of Science and Technology shall organize the determination of the list of Science and Technology Projects and tasks under Science and Technology Projects in accordance with Circular No. 07/2014/TT-BKHCN dated May 26, 2014 issued by the Minister of Science and Technology on the procedures and formalities for determining national science and technology tasks using state budget funds.

2. Based on the results of the Advisory Board's determination of tasks, the Ministry of Science and Technology shall approve the list of Science and Technology Projects and tasks under Science and Technology Projects.

In necessary cases, the Ministry of Science and Technology may seek the opinion of the agency proposing procurement on the list of Science and Technology Projects and tasks under Science and Technology Projects before approval.

Article 7. Selection and Direct Assignment of Leading Organizations and Principal Researchers for Tasks under Science and Technology Projects

1. Based on the decision approving the list of Science and Technology Projects and tasks under Science and Technology Projects by the Ministry of Science and Technology, organizations, enterprises, and individuals meeting the criteria stipulated in Article 4 of this Circular shall prepare the descriptions of tasks under Science and Technology Projects.

The descriptions of tasks under Science and Technology Projects, through the Leading Organization of the Science and Technology Project, shall be submitted to the Ministry of Science and Technology for registration to participate in selection and direct assignment as prescribed.

2. The Ministry of Science and Technology shall organize the selection and direct assignment for Leading Organizations and Principal Researchers of tasks under Science and Technology Projects.

3. The preparation of documents, procedures, and formalities for selection and direct assignment of Leading Organizations and Principal Researchers of tasks under Science and Technology Projects shall be carried out in accordance with Circular No. 10/2014/TT-BKHCN dated May 30, 2014 and Circular No. 23/2014/TT-BKHCN dated September 19, 2014 amending and supplementing certain provisions of Circular No. 10/2014/TT-BKHCN dated May 30, 2014 issued by the Minister of Science and Technology on the selection and direct assignment of organizations and individuals to perform national science and technology tasks using state budget funds.

In necessary cases, the Selection and Direct Assignment Board may recommend that the Ministry of Science and Technology conduct on-site inspections of the capacity and related issues of the Leading Organization and collaborating organizations implementing tasks under Science and Technology Projects.

4. The Ministry of Science and Technology shall implement the examination and approval of funding for tasks under Science and Technology Projects in accordance with Circular No. 10/2014/TT-BKHCN dated May 30, 2014 and Circular No. 23/2014/TT-BKHCN dated September 19, 2014 amending and supplementing certain provisions of Circular No. 10/2014/TT-BKHCN dated May 30, 2014 issued by the Minister of Science and Technology on the selection and direct assignment of organizations and individuals to perform national science and technology tasks using state budget funds.

Article 8. Review and Approval of the General Description of the Science and Technology Project

Clause 1. The leading organization of the Science and Technology Project shall complete the general description of the Science and Technology Project based on the results of the selection committee's evaluation, direct assignment, and the financial review team, and submit it to the Ministry of Science and Technology.

Clause 2. The Ministry of Science and Technology shall conduct the review and approve the common activity funding of the Science and Technology Project through the financial review team established by the Minister of Science and Technology.

Clause 3. The composition, principles, procedures, and processes for the review shall be applied according to the provisions set forth in Circular No. 10/2014/TT-BKHCN dated May 30, 2014, and Circular No. 23/2014/TT-BKHCN dated September 19, 2014, which amended and supplemented certain articles of Circular No. 10/2014/TT-BKHCN dated May 30, 2014, issued by the Minister of Science and Technology regarding the selection and direct assignment of organizations and individuals to implement national science and technology tasks funded by the state budget.

The financial review team is responsible for reviewing the appropriateness of the content of the general description of the Science and Technology Project with the tasks within the Science and Technology Project; the budget estimate for the common activities of the Science and Technology Project as stipulated in Clause 2, Article 10 of this Circular.

Clause 4. The leading organization of the Science and Technology Project shall complete the general description of the Science and Technology Project after receiving the results of the review of the common activity funding of the Science and Technology Project and submit it to the Ministry of Science and Technology for consideration and approval.

Clause 5. In cases deemed necessary, the Ministry of Science and Technology may seek opinions from relevant ministries, sectors, agencies, or inspect the actual material and technical facilities, human resources, and financial capacity of the organization proposed to lead the implementation of the Science and Technology Project.

The decision approving the general description of the Science and Technology Project by the Minister of Science and Technology serves as the legal basis for signing the contract to implement the Science and Technology Project.

Chapter III

IMPLEMENTATION OF THE SCIENCE AND TECHNOLOGY PROJECT

Article 9. Signing Contracts to Implement the Science and Technology Project and Tasks Within the Science and Technology Project

Clause 1. Signing Contracts to Implement the Science and Technology Project:

The Minister of Science and Technology assigns the Financial Management Unit and the Project Management Unit (Party A) to sign a contract to implement the Science and Technology Project with the leading organization of the Science and Technology Project (Party B).

Clause 2. Signing Contracts to Implement Tasks Within the Science and Technology Project:

a) The Minister of Science and Technology assigns the Financial Management Unit, the Project Management Unit, and the leading organization of the Science and Technology Project (Party A) to sign a contract to implement tasks within the Science and Technology Project with the leading organization of the task within the Science and Technology Project (Party B), except for cases specified in point b of this clause;

b) The Minister of Science and Technology assigns the Financial Management Unit and the Project Management Unit (Party A) to sign a contract to implement tasks within the Science and Technology Project with the leading organization of the task (Party B) for tasks within the Science and Technology Project directly led by the leading organization of the Science and Technology Project.

Clause 3. The model contracts for implementing the Science and Technology Project and for implementing tasks within the Science and Technology Project are attached to this Circular (models B3-HDDA-DAKHCN, B4-HDNV-DAKHCN, B5-HDNV-DAKHCN of Appendix II).

Article 10. Financial and Asset Management of Science and Technology Projects

1. The implementation budget for science and technology projects includes the budget for implementing tasks within science and technology projects and the common operational budget of science and technology projects, which is guaranteed from the following sources:

a) The state budget for scientific and technological affairs balanced in the annual state budget estimate;

b) The budget of the organization leading the science and technology project and organizations leading tasks within the science and technology project;

c) Funds raised from production investment projects and other sources.

2. Contents of state budget expenditure for science and technology projects:

a) Expenditure on implementing tasks within science and technology projects includes: applying the current regulations on the purpose of expenditure, content of expenditure, and expenditure standards for national-level science and technology tasks;

b) Common operational expenditure for science and technology projects includes: conference, seminar, mid-term review, final evaluation expenditure for science and technology projects; inspection and assessment expenditure for results of tasks within science and technology projects; general management expenditure for science and technology projects; responsibility allowance expenditure for the head of science and technology projects; other expenditures directly related to the common operations of science and technology projects.

3. The preparation, allocation, distribution, issuance, and settlement of the budget for science and technology projects shall be carried out according to the current regulations on financial management for key national-level science and technology programs, independent national-level tasks, and national-level science and technology projects as prescribed by the Ministry of Finance and the Ministry of Science and Technology.

4. Management and Disposal of Assets of Science and Technology Projects:

The management and disposal of assets formed through the implementation of science and technology projects shall be carried out in accordance with Circular Joint Circular No. 16/2015/TTLT-BKHCN-BTC dated September 1, 2015, issued by the Minister of Science and Technology and the Minister of Finance, guiding the management and disposal of assets formed through the implementation of scientific and technological tasks using state budget funds.

Article 11. Inspection, Evaluation, Adjustment, and Termination of Contracts during the Implementation of Science and Technology Projects and Tasks within Science and Technology Projects

The Ministry of Science and Technology shall take the lead and coordinate with the agency proposing the commissioning to carry out inspections, evaluations, adjustments, and termination of contracts during the implementation of science and technology projects and tasks within science and technology projects in accordance with Circular No. 04/2015/TT-BKHCN dated March 11, 2015, issued by the Minister of Science and Technology, regarding the inspection, evaluation, adjustment, and termination of contracts during the implementation of national-level scientific and technological tasks using state budget funds.

Article 12. Final Acceptance Evaluation of Results and Contract Liquidation for the Implementation of Science and Technology Projects and Tasks within Science and Technology Projects

1. National-level final acceptance evaluation of tasks within science and technology projects:

a) The Ministry of Science and Technology shall take the lead and coordinate with the organization leading the science and technology project and the agency proposing the commissioning to organize the national-level final acceptance evaluation of tasks within science and technology projects, except for the tasks specified in point b of this clause;

b) For tasks within science and technology projects directly led and implemented by the organization leading the science and technology project: The Ministry of Science and Technology shall take the lead and coordinate with the agency proposing the commissioning to conduct the national-level final acceptance evaluation.

2. The Ministry of Science and Technology shall take the lead and coordinate with the agency proposing the commissioning to conduct the national-level final acceptance evaluation of science and technology projects.

3. The procedures for conducting the final acceptance evaluation of tasks within science and technology projects and science and technology projects shall be carried out in accordance with Circular No. 11/2014/TT-BKHCN dated May 30, 2014, issued by the Minister of Science and Technology, concerning the evaluation and final acceptance of results of national-level scientific and technological tasks using state budget funds.

4. Contract liquidation:

a) The Ministry of Science and Technology shall take the lead and coordinate with the organization leading the science and technology project to liquidate the contract for implementing tasks with the organization leading and the individual head of tasks within the science and technology project after the final acceptance evaluation results of tasks within the science and technology project have been obtained, except for the cases specified in point b of this clause;

b) The Ministry of Science and Technology shall liquidate the contract for implementing tasks with the organization leading and the individual head of tasks within the science and technology project directly led and implemented by the organization leading the science and technology project after the final acceptance evaluation results of tasks within the science and technology project have been obtained;

c) The Ministry of Science and Technology shall liquidate the contract for implementing the science and technology project with the organization leading and the individual head of the science and technology project after the final acceptance evaluation results of the science and technology project have been obtained;

d) The procedures for liquidating contracts for implementing science and technology projects and tasks within science and technology projects shall be carried out according to the current regulations for national-level scientific and technological tasks.

Chapter IV

RESPONSIBILITIES FOR MANAGING SCIENCE AND TECHNOLOGY PROJECTS

Article 13. Responsibilities of the Ministry of Science and Technology

1. Responsibilities of the Project Management Unit:

a) To take the lead and coordinate with functional units of the Ministry of Science and Technology to organize the determination of the Scientific and Technological Project and the list of tasks under the Scientific and Technological Project based on the proposal of the Ordering Agency for submission to the Minister of Science and Technology for approval;

b) To take the lead and coordinate with functional units of the Ministry of Science and Technology to implement the selection and direct assignment of the leading organization and principal investigator of tasks under the Scientific and Technological Project;

c) To take the lead and coordinate with functional units of the Ministry of Science and Technology and the Ordering Agency to organize the review of the content, budget, and progress of implementation of the Scientific and Technological Project and tasks under the Scientific and Technological Project;

d) To coordinate with functional units of the Ministry of Science and Technology to examine and submit to the Minister of Science and Technology for approval the results of the selection and direct assignment and the budget of tasks, and the general management budget of the Scientific and Technological Project;

đ) To take the lead and coordinate with functional units of the Ministry of Science and Technology to examine and submit to the Minister of Science and Technology for approval the general description of the Scientific and Technological Project;

e) To coordinate with the Budget Management Unit to sign contracts for the implementation of the Scientific and Technological Project and tasks under the Scientific and Technological Project with the leading organization and principal investigator of the Scientific and Technological Project, and the leading organization and principal investigator of tasks under the Scientific and Technological Project;

g) To coordinate with functional units of the Ministry of Science and Technology to compile and balance the budget for the implementation of the Scientific and Technological Project to be included in the annual state budget plan for scientific and technological activities;

h) To coordinate with the Budget Management Unit and functional units of the Ministry of Science and Technology to organize regular or spot checks on the implementation of the Scientific and Technological Project according to signed contracts; adjust the implementation contract in accordance with Article 11 of this Circular;

i) To coordinate with the Budget Management Unit, the Ordering Agency, and the leading organization to organize the evaluation, acceptance, recognition of results, and termination of contracts for the implementation of tasks under the Scientific and Technological Project, and the Scientific and Technological Project;

k) To coordinate with units under the Ministry of Science and Technology, the Ordering Agency, and the leading organization of the Scientific and Technological Project to conduct interim and final reviews of the Scientific and Technological Project.

2. Responsibilities of the Budget Management Unit:

a) To coordinate with the Project Management Unit and functional units of the Ministry of Science and Technology to organize the determination of tasks, selection, direct assignment, and review of the budget for tasks under the Scientific and Technological Project and the Scientific and Technological Project for submission to the Minister of Science and Technology for approval;

b) To take the lead and coordinate with the Project Management Unit to sign contracts for the implementation of the Scientific and Technological Project and tasks under the Scientific and Technological Project with the leading organization and principal investigator of the Scientific and Technological Project, and the leading organization and principal investigator of tasks under the Scientific and Technological Project;

c) To take the lead and coordinate with the Project Management Unit and functional units of the Ministry of Science and Technology to submit to the Minister of Science and Technology for approval the plan for selecting contractors, the results of selecting contractors to provide machinery, equipment, raw materials, and services for tasks under the Scientific and Technological Project, in compliance with current regulations in the field of bidding;

d) To take the lead and coordinate with the Project Management Unit and functional units of the Ministry of Science and Technology to organize regular or spot checks on the implementation of the Scientific and Technological Project according to signed contracts; adjust the implementation contract in accordance with Article 11 of this Circular;

đ) To take the lead and settle the payment and final settlement of the budget for the implementation of the Scientific and Technological Project and tasks under the Scientific and Technological Project;

e) To take the lead and coordinate with functional units of the Ministry of Science and Technology to compile and balance the budget for the implementation of the Scientific and Technological Project to be included in the annual state budget plan for scientific and technological activities;

g) To take the lead and coordinate with the Project Management Unit, the Ordering Agency, and the leading organization to organize the evaluation, acceptance, recognition of results, and termination of contracts for the implementation of tasks under the Scientific and Technological Project and the Scientific and Technological Project;

h) To coordinate with units under the Ministry of Science and Technology, the Ordering Agency, and the leading organization of the Scientific and Technological Project to conduct interim and final reviews of the Scientific and Technological Project.

Article 14. Responsibilities of the Ordering Agency

1. Propose scientific and technological projects to the Ministry of Science and Technology as prescribed.

2. Coordinate with the Ministry of Science and Technology in determining the list of scientific and technological projects, tasks within scientific and technological projects; selecting, directly assigning, and appraising budgets for scientific and technological projects and tasks within such projects.

3. Coordinate with the Ministry of Science and Technology to review and adjust, inspect, and urge the implementation of scientific and technological projects.

4. Be responsible for applying research results of proposed scientific and technological projects; compile and report application results to the Ministry of Science and Technology.

5. Coordinate with the Ministry of Science and Technology and the leading organization of scientific and technological projects to evaluate and accept national-level tasks within scientific and technological projects and scientific and technological projects.

6. Coordinate with the Ministry of Science and Technology and the leading organization of scientific and technological projects to conduct mid-term reviews and final summaries of scientific and technological projects.

Article 15. Responsibilities of the Leading Organization of Scientific and Technological Projects

1. Propose and submit scientific and technological projects and tasks within such projects to competent authorities; propose methods for organizing and implementing scientific and technological tasks within projects as prescribed.

2. Prepare project files for scientific and technological projects as prescribed.

3. Coordinate with the Ministry of Science and Technology and the ordering agency in selecting and directly assigning the leading organizations and principal investigators of tasks within scientific and technological projects; appraise contents, budgets, and progress of tasks within such projects.

4. Sign contracts to implement scientific and technological projects with the Ministry of Science and Technology.

5. Coordinate with the Ministry of Science and Technology to jointly sign contracts with the leading organizations and principal investigators of tasks within scientific and technological projects as provided for in point a, Clause 2, Article 9 of this Circular.

6. Support the leading organizations of tasks within scientific and technological projects in implementing scientific and technological contents according to contracts.

7. Coordinate with the Ministry of Science and Technology and the ordering agency to organize management, guidance, inspection of the implementation of tasks within scientific and technological projects; identify and propose solutions for issues arising during the implementation of scientific and technological projects and report to the ordering agency and the Ministry of Science and Technology; periodically report on the implementation and results of scientific and technological projects to the ordering agency and the Ministry of Science and Technology.

8. Compile and report to the Ministry of Science and Technology on the allocation, use, and annual settlement of funds, and total settlement at the end of scientific and technological projects.

9. Lead and coordinate with the leading organizations of tasks within scientific and technological projects to self-evaluate the results of national-level tasks as prescribed in Circular No. 11/2014/TT-BKHCN dated May 30, 2014 of the Minister of Science and Technology on the evaluation and acceptance of results of national-level scientific and technological tasks funded by state budget for tasks within scientific and technological projects.

10. Coordinate with the Ministry of Science and Technology and the ordering agency to organize the evaluation and acceptance of national-level tasks within scientific and technological projects and scientific and technological projects.

11. Lead and coordinate with the Ministry of Science and Technology and the ordering agency to conduct mid-term reviews and final summaries of scientific and technological projects.

12. Organize registration for intellectual property protection from the results of scientific and technological projects in accordance with the law.

13. Apply the results of tasks within scientific and technological projects to production in line with the investment production project schedule.

14. Be responsible to the ordering agency and the Ministry of Science and Technology for the organization of implementation, results, and application of results of scientific and technological projects.

Article 16. Responsibilities of the Organization in Charge of Tasks under the Science and Technology Project

1. Develop and perfect the description of tasks under the Science and Technology Project assigned to be in charge of implementing.

2. Select and propose individuals with sufficient professional qualifications and organizational capacity to serve as the head of tasks under the Science and Technology Project.

3. Sign scientific and technological contracts with the Ministry of Science and Technology and the Organization in Charge of the Science and Technology Project; sign lease contracts with organizations and individuals to implement the contents of the tasks.

4. Ensure conditions regarding material infrastructure, finance, human resources, coordination capabilities, and research deployment to successfully implement tasks under the Science and Technology Project according to commitments in the scientific and technological contract.

5. Be subject to management and supervision regarding progress and content by the Organization in Charge and the Head of the Science and Technology Project, the Ministry of Science and Technology.

6. Develop plans for selecting contractors to provide machinery, equipment, raw materials, and services funded by state budget for tasks under the Science and Technology Project through the Organization in Charge of the Science and Technology Project to submit to the Ministry of Science and Technology for approval.

7. Use allocated funds effectively to implement tasks according to signed contracts with the Ministry of Science and Technology and the Organization in Charge of the Science and Technology Project; ensure timely provision of funds from committed sources in the contract to the head of the task and participating organizations and individuals; maintain accounting records in accordance with current regulations.

8. Fully comply with periodic and ad hoc reporting requirements on the implementation status of tasks, finalizing financial reports for tasks to the Organization in Charge of the Science and Technology Project and the Ministry of Science and Technology.

9. Have responsibility for managing assets purchased with state budget or created (if any) from the results of task implementation until there is a decision by the competent state management authority on the disposal of such assets.

10. Organize registration for intellectual property rights protection from the results of tasks in accordance with the law.

11. Coordinate with the Organization in Charge of the Science and Technology Project to self-assess the results of national-level task implementation in accordance with 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 for tasks under the Science and Technology Project.

12. Meet requirements for serving national-level evaluation and acceptance of tasks; implement registration, submission of results of tasks under the Science and Technology Project in accordance with current regulations.

13. Organize management, exploitation, transfer of results of national-level tasks, enjoy benefits and bear responsibility for distributing benefits from such activities in accordance with the law.

Article 17. Responsibilities of the Head of the Science and Technology Project and the Head of Tasks under the Science and Technology Project

1. Responsibilities of the Head of the Science and Technology Project:

a) Sign contracts to implement the Science and Technology Project and tasks under the Science and Technology Project in accordance with Article 9 of this Circular;

b) Organize implementation and be responsible for the scientific value, technological level, and effectiveness of the Science and Technology Project and tasks under the Science and Technology Project; have plans for applying results or commercializing products from the Science and Technology Project;

c) Use funds for their intended purposes effectively; report, audit, and settle accounts for funds and manage funds of the Science and Technology Project and tasks under the Science and Technology Project in accordance with current regulations;

d) Propose and recommend adjustments to content, products, funding, and timelines of tasks under the Science and Technology Project to the Organization in Charge of the Science and Technology Project;

đ) Inspect and urge organizations and individuals participating in cooperation to implement the Science and Technology Project and tasks under the Science and Technology Project according to contracts; submit annual periodic reports and ad hoc reports on the implementation status and use of funds for the Science and Technology Project and tasks under the Science and Technology Project;

e) Implement registration, submission, and transfer of results and products of the Science and Technology Project and tasks under the Science and Technology Project in accordance with current regulations;

g) Coordinate with the Organization in Charge of the Science and Technology Project and the Organization in Charge of tasks under the Science and Technology Project to register protection of intellectual property rights in accordance with the law.

2. Responsibilities of the Head of Tasks under the Science and Technology Project:

a) Sign contracts to implement tasks under the Science and Technology Project in accordance with Article 9 of this Circular;

b) Organize implementation and be responsible for the scientific value, technological level, and effectiveness of tasks under the Science and Technology Project; have plans for applying results or commercializing products from tasks under the Science and Technology Project;

c) Use funds for their intended purposes effectively; report, audit, and settle accounts for funds and manage funds of tasks under the Science and Technology Project in accordance with current regulations;

d) Propose and recommend adjustments to content, products, funding, and timelines of tasks under the Science and Technology Project to the Organization in Charge of tasks;

đ) Inspect and urge organizations and individuals participating in cooperation to implement tasks under the Science and Technology Project according to contracts; submit annual periodic reports and ad hoc reports on the implementation status and use of funds for tasks under the Science and Technology Project;

e) Implement registration, submission, and transfer of results and products of tasks under the Science and Technology Project in accordance with current regulations;

g) Coordinate with the Organization in Charge of tasks under the Science and Technology Project to register protection of intellectual property rights in accordance with the law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 18. Transitional Provisions

1. For Science and Technology Projects approved by competent authorities to implement before the effective date of the Law on Science and Technology on June 18, 2013, continue implementation in accordance with the provisions of Circular No. 11/2013/TT-BKHCN dated March 29, 2013 issued by the Minister of Science and Technology guiding the construction and management of Science and Technology Projects using the state budget.

2. For Science and Technology Projects approved after the effective date of the Law on Science and Technology on June 18, 2013, implement in accordance with the Law on Science and Technology and guiding documents.

Article 19. Effective Date

1. This Circular takes effect from October 18, 2016.

2. Circular No. 11/2013/TT-BKHCN dated March 29, 2013, issued by the Minister of Science and Technology guiding the construction and management of State-budget-funded science and technology projects, shall cease to be effective from the date this Circular takes effect.

3. In cases where the legal normative documents cited in this Circular are amended, supplemented, or replaced by new legal normative documents, the new legal normative documents shall apply.

Article 20. Implementation

1. Ministries, ministerial-level agencies, central government agencies, provincial People's Committees, municipal People's Committees under the central government, and other central state agencies shall base on this Circular to guide the proposal of science and technology projects that are suitable for economic and social development plans with the aim of enhancing the effectiveness of science and technology in production and daily life.

2. During the implementation process, if any difficulties arise, it is requested that agencies, organizations, and individuals reflect them to the Ministry of Science and Technology for research, amendment, and supplementation to ensure appropriateness./.