Circular No. 19/2016/TT-BKHCN on the management of the Program to support the development of science and technology enterprises (STEs) and public science and technology organizations implementing the self-management and self-responsibility mechanism.

CIRCULAR

Regulations on managing the Program to support the development of scientific and technological enterprises and public scientific and technological organizations implementing the self-management and self-responsibility mechanismscientific and technological enterprises and public scientific and technological organizations implementing the self-management and self-responsibility mechanism

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Pursuant to Decree No. 20/2013/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 Decree No. 80/2007/ND-CP dated May 19, 2007 of the Government on scientific and technological enterprises;

Pursuant to Decree No. 54/2016/NĐ-CP dated June 14, 2016 of the Government stipulating the self-management mechanism of public scientific and technological organizations;

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

Implementing Decision No. 1381/QD-TTg dated July 12, 2016 of the Prime Minister amending and supplementing certain contents of Decision No. 592/QD-TTg dated May 22, 2012 of the Prime Minister;

At the proposal of the Director of the Personnel Department and the Director of the Legal Department;

Minister of of Science and Technology issuing Circular regulating management the Program to support the development of scientific and technological enterprises and public scientific and technological organizations implementing the self-management and self-responsibility mechanism.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the organization and management of the Program to support the development of scientific and technological enterprises and public scientific and technological organizations implementing the self-management and self-responsibility mechanism (hereinafter referred to as the Program) approved by Decision No. 592/QD-TTg dated May 22, 2012 of the Prime Minister and amended and supplemented by Decision No. 1381/QD-TTg dated July 12, 2016 of the Prime Minister.

2. This Circular applies to agencies, organizations, and individuals managing, implementing, and participating in the Program.

Article 2. Interpretation of Terms

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

1. Technology incubation is an activity aimed at creating and perfecting technology with potential for practical application and commercialization from technological ideas or results of scientific research and technological development;

2. Incubation of scientific and technological enterprises is an activity supporting organizations and individuals in perfecting technology, raising investment capital, organizing production, business, marketing, legal procedures, and other necessary services to establish new enterprises using newly created technology;

3. Technology incubation facility, enterprise incubation facility is a place providing favorable conditions regarding technical infrastructure and service provision to incubate technology and incubate scientific and technological enterprises;

4. Decoding technology is the process of researching to identify the production technology of an existing product while ensuring the principle of not infringing intellectual property rights;

5. Product with commercialization potential is a product formed from scientific and technological outcomes capable of being applied, transferred, and generating revenue;

6. Management unit of the Program's tasks (hereinafter abbreviated as the Management Unit) is an entity under the Ministry of Science and Technology, assigned by the Minister of Science and Technology to perform state management functions over the Program, organize the implementation of the Program, its tasks according to the Program's objectives, content, and products;

7. Financial management unit for implementing the Program's tasks (hereinafter abbreviated as the Financial Management Unit) is an entity under the Ministry of Science and Technology, directly assigned by the Minister of Science and Technology to manage and use state budget funds to organize the implementation of tasks under the Program.

Article 3. Tasks of the Program

The tasks of the Program include scientific and technological tasks and common activities of the Program.

1. Scientific and technological tasks

a) Projects supporting science and technology business incubators.

b) Projects supporting the incubation of science and technology businesses.

c) Projects supporting the development of science and technology businesses.

d) Projects and topics supporting the enhancement of operational efficiency and self-reliance capacity of public science and technology organizations.

đ) Projects and plans serving the management of the Program.

2. Common activities of the Program

a) Organizing meetings, conferences, seminars, mid-term and final reviews of the Program; preparing comprehensive reports and evaluations on the Program; information dissemination and promotion activities about the Program.

b) Organizing training courses and capacity building programs on developing science and technology businesses and implementing the autonomy mechanism of public science and technology organizations.

c) Organizing practical surveys, learning experiences from successful and exemplary models of domestic and foreign science and technology businesses; models of science and technology organizations successfully implementing the autonomy mechanism.

d) Activities of the Program Steering Committee.

đ) Other activities serving the implementation of the Program.

Article 4. General Principles for Assigning Scientific and Technological Tasks under the Program

1. Scientific and technological tasks assigned must belong to the groups of projects, topics, or plans specified in Clause 1, Article 3 of this Circular.

2. Scientific and technological tasks under the Program must be feasible, have clear objectives, and quantifiable impacts on the economy and society upon completion.

3. Organizations or individuals primarily responsible for implementing scientific and technological tasks under the Program must ensure necessary conditions regarding professional capacity, physical facilities, and finance according to current regulations to carry out the tasks.

4. The Program will not support contents of tasks that have already utilized state budget funds.

Article 5. Announcing the List, Registering, Storing, and Providing Information on the Results of Implementing Scientific and Technological Tasks under the Program

1. The list of scientific and technological tasks approved for selection and direct assignment; results of selection and direct assignment, and results of implementing scientific and technological tasks under the Program shall be publicly announced on the Ministry of Science and Technology's electronic portal (www.most.gov.vn) or other mass media according to current regulations.

2. The organization primarily responsible for scientific and technological tasks under the Program shall register and store the results of implementing the tasks at the National Science and Technology Information Center under the Ministry of Science and Technology according to current regulations on registering, storing, and announcing information on scientific and technological tasks.

3. The announcement of the results of implementing scientific and technological tasks under the Program shall be carried out according to current regulations.

Article 6. Code of scientific and technological tasks under the Program

The code of projects, topics, or plans under the Program is recorded as follows: DA.CT-592.X.Y; ĐT.CT-592.X.Y or ĐA.CT-592.X.Y.

1. DA stands for project; ĐT stands for topic; ĐA stands for plan.

2. CT-592: is the general code for the Program supporting the development of science and technology businesses and public science and technology organizations implementing the autonomy mechanism.

3. X: Is the serial number of the project/topic/plan.

4. Y: Is the year of commencement of the project/topic/plan.

(Example: DA.CT-592.01.2016: Project No. 01 in 2016 under Program 592).

Article 7. Budget for Implementing the Program

1. The budget for implementing the Program includes the budget for implementing scientific and technological tasks and the budget for common activities of the Program.

2. The budget for implementing the Program must be used for its intended purpose, effectively, and comply with current financial management regulations.

Article 8. Agency THE HEAD OF THE MINISTRY’S OFFICE, THE HEAD OF THE MINISTRY’S INSPECTION DEPARTMENT, THE HEADS OF THE DEPARTMENTS, THE DIRECTOR OF THE VIETNAM CIVIL AVIATION ADMINISTRATION, THE CHIEF EXECUTIVE OFFICER OF THE VIETNAM AIRPORTS CORPORATION - CPTP, AND THE HEADS OF THE AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS CONCERNED ARE RESPONSIBLE FOR IMPLEMENTING THIS CIRCULAR./. the Program

1. The Ministry of Science and Technology is the main agency responsible for unified management of the Program, organizing the implementation of the Program's tasks.

2. The Program has a Steering Committee established by the Minister of Science and Technology, who also defines its organizational structure and operations.

3. The Minister of Science and Technology assigns functional units within the Ministry to manage tasks and budget to organize the implementation of the Program. Specific responsibilities of units participating in managing the Program are decided by the Minister of Science and Technology.

Chapter II

SCIENTIFIC AND TECHNOLOGICAL TASKS UNDER THE PROGRAM

Article 9. Project to support business incubation bases for science and technology enterprises science and technology

1. Participants

Business incubation bases for science and technology enterprises as stipulated in Article 10 of Circular No. 16/2014/TT-BKHCN dated June 13, 2014, issued by the Minister of Science and Technology on conditions for establishment and operation of intermediary organizations in the science and technology market, which meet professional requirements and are suitable for the incubation technology field, have plans for organization and business incubation, and have a team of consultants in fields such as technology, law, finance, market, and business management that are appropriate to the technology field being incubated.

Priority will be given to business incubation bases for science and technology enterprises established at research institutes, universities, high-tech zones, high-tech agricultural application zones, and concentrated information technology zones.

a) Supporting agricultural and forestry extension activities, providing plant and animal seeds; supporting small-scale processing equipment;

a) Support for funding to purchase and lease shared equipment for business incubation bases for science and technology enterprises to directly serve technology incubation activities and science and technology enterprise incubation activities.

b) Support for funding to implement advisory activities related to technology incubation and science and technology enterprise incubation.

c) Support for funding to conduct training and capacity building for staff working at the incubation base and individuals and organizations participating in incubation at the incubation base.

d) Support for funding to organize conferences and seminars serving technology incubation and science and technology enterprise incubation activities of the incubation base.

đ) Support for funding to build an electronic information website for the incubation base and promotional activities about the incubation base.

Article 10. Project to support technology incubation for science and technology enterprises

1. Participants

Organizations and individuals who legally own or use scientific and technological results capable of being applied to production and business, creating new products with commercialization potential and competitive strength in the market, to establish science and technology enterprises or transfer those scientific and technological results to other organizations or individuals to establish science and technology enterprises according to Decree No. 80/2007/NĐ-CP dated May 19, 2007 of the Government on science and technology enterprises, must meet the following project professional requirements:

a) Have a plan to establish a science and technology enterprise, clearly outlining the organizational structure, finance, human resources, and business operation plan of the science and technology enterprise to be established.

b) Have financial resources (counterpart funds) and organizational capacity to implement the project.

c) Prioritize projects in priority technology fields and high technologies promoted for development under current regulations.

a) Supporting agricultural and forestry extension activities, providing plant and animal seeds; supporting small-scale processing equipment;

a) Support for funding to research and improve technology to create new products competitive in the market in one of the following cases:

- Research and improve technology to create new products based on patents, utility models, technical solutions, results of scientific and technological tasks, or activities to decode technology to create new products with commercialization potential;

- Apply and develop technology legally owned or used by organizations or individuals for production and business.

b) Support for using equipment and services at national key laboratories and business incubation bases for science and technology enterprises.

c) Support for enterprises to meet the conditions to complete the necessary documentation and procedures to be recognized as science and technology enterprises.

Article 11. Science and Technology Business Development Support Projects

1. Participants

A science and technology business that has been granted a certificate for a science and technology business, with plans to continue researching and improving technology to diversify products or innovate and develop technology based on technology owned or legally used by the business.

a) Supporting agricultural and forestry extension activities, providing plant and animal seeds; supporting small-scale processing equipment;

a) Transfer scientific and technological research results originating from state budget funds to science and technology businesses that have the need and meet the conditions for application in production and business operations.

b) Support funding for research to improve technology to diversify products or innovate technology, develop new technologies to create competitive new products in the market.

c) Support activities related to investigating, surveying, and searching for information about technology both domestically and internationally.

d) Support advisory and guidance activities for science and technology businesses to benefit from preferential policies as prescribed.

Article 12.Support projects and topics to enhance the effectiveness of operations and self-reliance capacity of public science and technology organizations 1. Participants

Public science and technology organizations as defined in Decree No. 54/2016/NĐ-CP dated June 14, 2016 of the Government on the mechanism of autonomy for public science and technology organizations, which have approved self-management plans.

a) Support funding for research, improvement of technology, and experimental production of new products with practical application and commercialization potential to increase revenue and enhance the self-reliance capacity of public science and technology organizations.

a) Supporting agricultural and forestry extension activities, providing plant and animal seeds; supporting small-scale processing equipment;

b) Support funding for research and development of creative ideas to start science and technology businesses or publish results in reputable domestic and international scientific journals, enhancing the operational effectiveness of public science and technology organizations.

The list of reputable scientific journals is determined according to the Decision approving the list of specialized scientific journals counted as points for converted scientific works when considering the achievement of standards for professor and associate professor positions by the State Council for Professor Titles annually.

c) Support funding for purchasing, leasing experimental and testing equipment directly serving scientific research and technological development activities.

d) Support funding for training and upgrading skills for researchers, technical staff, management and operation personnel involved in project and topic product production and business activities.

đ) Support funding for organizing scientific conferences and seminars related to the content of the projects and topics.

e) Support activities related to advising and guiding the development of plans for commercializing products formed from project outcomes.

Article 13. Projects and Programs Serving Management Work of the Program

Organizations with sufficient resources to implement information dissemination and publicity work; investigation, survey, evaluation, and database construction; experience in researching and developing policies on science and technology management, science and technology businesses, and the mechanism of autonomy for public science and technology organizations.

1. Participants

a) Disseminate and promote information about the Program and the results of tasks under the Program.

a) Supporting agricultural and forestry extension activities, providing plant and animal seeds; supporting small-scale processing equipment;

b) Investigate, survey, statistically evaluate, classify organizations with potential to form science and technology businesses; investigate, statistically evaluate, construct databases on science and technology businesses and public science and technology organizations implementing the mechanism of autonomy.

c) Research and build, perfect mechanisms and policies on the formation and development of science and technology businesses; on the mechanism of autonomy for public science and technology organizations.

ORGANIZATIONS BUILDING AND IMPLEMENTING SCIENTIFIC AND TECHNOLOGICAL TASKS UNDER THE PROGRAM

Chapter III

ANNOUNCEMENT AND PROPOSAL OF SCIENTIFIC AND TECHNOLOGICAL TASKS TO PARTICIPATE IN THE PROGRAM

Announcement and proposal of scientific and technological tasks to participate in the Program

Article 14. 1. The Ministry of Science and Technology announces the proposal of scientific and technological tasks to participate in the Program through mass media and on the Ministry of Science and Technology's website (www.most.gov.vn).

2. Based on the announcement of the Ministry of Science and Technology, ministries, sectors, and localities guide organizations and individuals to propose scientific and technological tasks to participate in the Program according to the Program's objectives and content and actual conditions and needs of the ministries, sectors, and localities; compile proposals for participating tasks or propose tasks themselves; draft proposals for ordering tasks to participate in the Program and send them to the Ministry of Science and Technology.

3. Based on the Program's objectives and content, the Ministry of Science and Technology reviews and proactively builds proposals for ordering tasks to participate in the Program according to current regulations.

3. Based on the objectives and contents of the Program, the Ministry of Science and Technology shall consider and proactively develop proposals to commission tasks participating in the Program in accordance with current regulations.

Article 15. Determination of Scientific and Technological Tasks under the Program

1. Based on the objectives and contents of the Program, the regulations on scientific and technological tasks under the Program, and on the basis of the procurement proposals from ministries, sectors, localities, and the Ministry of Science and Technology, the Ministry of Science and Technology shall organize to determine and approve the list of scientific and technological tasks under the Program.

2. The procedures and formalities for determining and approving the list of scientific and technological tasks 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, stipulating the procedures and formalities for determining national-level scientific and technological tasks using state budget funds.

Article 16. Organization of Selection and Direct Assignment to Organizations and Individuals to Implement Scientific and Technological Tasks under the Program

1. On the basis of the approved list of tasks, the Ministry of Science and Technology shall organize the selection and direct assignment to organizations and individuals to implement scientific and technological tasks under the Program.

2. The selection and direct assignment to organizations and individuals to implement scientific and technological tasks under the Program shall be carried out in accordance with Circular No. 10/2014/TT-BKHCN dated May 30, 2014, issued by the Minister of Science and Technology, stipulating the selection and direct assignment to organizations to implement national-level scientific and technological tasks using state budget funds, and Circular No. 23/2014/TT-BKHCN dated September 19, 2014, issued by the Minister of Science and Technology, amending and supplementing certain provisions of Circular No. 10/2014/TT-BKHCN.

3. Based on the results of the selection and direct assignment and the capacity and conditions of the proposing organization, the Minister of Science and Technology shall consider and approve the leading organization, content, funding, and time frame for implementing scientific and technological tasks under the Program.

Article 17. Signing Contracts to Implement Tasks

1. The Minister of Science and Technology shall instruct the financial management unit to cooperate with the task management unit under the Ministry of Science and Technology to sign contracts to implement scientific and technological tasks under the Program with the leading organization of the task.

2. The model contract for implementing scientific and technological tasks under the Program shall be implemented in accordance with Circular No. 05/2014/TT-BKHCN dated April 10, 2014, issued by the Minister of Science and Technology, promulgating the model contract for scientific research and technology development.

Article 18. Reporting, Inspection, Evaluation, Adjustment, and Termination of Contracts During Task Implementation

1. The reporting, inspection, evaluation, adjustment, and termination of contracts during the implementation of scientific and technological tasks under the Program shall be carried out in accordance with Circular No. 04/2015/TT-BKHCN dated March 11, 2015, issued by the Minister of Science and Technology, stipulating the inspection, evaluation, adjustment, and termination of contracts during the implementation of national-level scientific and technological tasks using state budget funds.

2. The Ministry of Science and Technology shall take the lead and coordinate with ministries, sectors, localities, and related agencies and organizations to conduct regular or spot inspections on the progress of implementing the content and the situation of using funds for scientific and technological tasks under the Program according to the signed contracts.

Article 19. Evaluation, Acceptance, and Recognition of Results of Implementing Scientific and Technological Tasks Under the Program

1. The procedures and formalities for evaluating, accepting, and recognizing the results of implementing scientific and technological tasks under the Program 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, stipulating the evaluation and acceptance of the results of implementing national-level scientific and technological tasks using state budget funds.

2. The financial management unit shall cooperate with the task management unit under the Ministry of Science and Technology to be responsible for organizing the evaluation, acceptance, recognition of results, and settlement of contracts for implementing scientific and technological tasks under the Program.

Article 20. Management of Funds, Settlement of Contracts, Assets, and Results of Implementing Tasks Under the Program

1. The authority, procedures for managing funds, contents, and budget fund quotas for tasks under the Program shall be carried out in accordance with current regulations.

2. The procedures for settling contracts for implementing tasks, registering, preserving, and managing results of implementing tasks, intellectual property rights, and other assets arising during the implementation of tasks under the Program shall be carried out in accordance with current laws.

Chapter IV

IMPLEMENTATION

Article 21. Ministry of Science and Technology

1. Direct and manage the implementation of the Program according to the division of labor of the Prime Minister as stipulated in Decision No. 592/QĐ-TTg dated May 22, 2012, and Decision No. 1381/QĐ-TTg dated July 12, 2016, of the Prime Minister, amending and supplementing Decision No. 592/QĐ-TTg.

2. Guide organizations and individuals proposing scientific and technological tasks to participate in the Program.

3. Receive procurement proposals from ministries, sectors, localities, and procure scientific and technological tasks to participate in the Program proposed by organizations and individuals.

4. Manage scientific and technological tasks under the Program: organize the determination of tasks; select and directly assign leading organizations; review funding, sign implementation contracts; inspect and supervise the implementation situation; adjust and terminate implementation contracts; evaluate, accept, and recognize implementation results; approve bidding plans for purchasing materials and equipment with science and technology business funds from the Program's scientific and technological tasks in accordance with current regulations.

5. Develop the content and funding for implementing common activities of the Program.

6. Audit and settle the budget expenses for scientific and technological tasks under the Program and the common activities' budget of the Program.

7. Organize the evaluation of the Program's implementation results, interim reviews, and final summaries of the Program.

Article 22. Issuing Director the Program

1. Elaborate the objectives and contents of the Program as determined in Decision No. 592/QĐ-TTg dated May 22, 2012 and Decision No. 1381/QĐ-TTg dated July 12, 2016 of the Prime Minister amending and supplementing Decision No. 592/QĐ-TTg to serve as the basis for selecting and arranging scientific and technological tasks under the Program into the annual implementation plan and each phase.

2. Coordinate with the task management unit to develop the Program implementation plan, survey and exploit potential scientific and technological tasks participating in the Program, and organize the Program's common activities.

3. Coordinate with the task management unit and the budget management unit to monitor and supervise the situation and results of implementing scientific and technological tasks under the Program to ensure compliance with the approved objectives, contents, progress, and budget; evaluate, inspect, and conclude on the tasks within the Program; propose measures to handle issues arising during the Program's implementation process.

4. Coordinate with the task management unit to propose to the Minister of Science and Technology forms of commendation for organizations and individuals with outstanding achievements and propose measures to address violations during the organization, management, and implementation of the Program.

5. Organize the integration of scientific and technological activities within the scope of the Program with other related programs and projects.

Article 23. Ministries, Sectors, Localities

1. Guiding organizations and individuals to register their participation in the Program.

2. Aggregate proposals from organizations and individuals; build orders for scientific and technological tasks participating in the Program and send them to the Ministry of Science and Technology.

3. Cooperating with the Ministry of Science and Technology to determine tasks, monitor, inspect, and supervise the implementation of scientific and technological tasks proposed by ministries, sectors, and localities.

4. Annually report on the Program's implementation status to the Ministry of Science and Technology.

Article 24. Leading organizations, principal task managers under the Program

Leading organizations, principal task managers under the Program have the following responsibilities:

1. General Responsibilities

a) Implement regular and extraordinary reporting systems as prescribed, including:

- Regular and extraordinary reports on the implementation of the task as prescribed;

- Annual reports on the volume of work completed and annual budget settlement of the task to serve as the basis for further funding;

- Prepare documentation for the inspection and acceptance of the task's implementation results as prescribed;

- Report on the budget settlement of the task.

b) Transfer the results and products of the task as prescribed.

c) Accept supervision and inspection of the task's implementation by the Ministry of Science and Technology.

2. Specific Responsibilities

a) Implement the task's content according to the signed contract and approved description; manage and use the budget, materials, assets, and settle the task's budget as prescribed.

b) Based on the bidding procurement plan for materials and equipment approved by competent authorities, organize the procurement of materials and equipment as prescribed by law.

c) Mobilize other sources of funds outside the state budget to ensure the task's implementation.

Chapter V

IMPLEMENTING PROVISIONS

Article 25. Effectiveness

1. This Circular shall take effect from January 16, 2017.

2. Repeal 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 science and technology organizations implementing the self-management and responsibility mechanism, and Circular No. 17/2014/TT-BKHCN dated June 16, 2014 of the Minister of Science and Technology 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 science and technology organizations implementing the self-management and responsibility mechanism.

Article 26Apply referenced documents

In case the legal normative documents cited in this Circular are amended, supplemented, or replaced, apply the amended, supplemented, or replacing documents.

Article 27. Responsibility for Implementation

1. Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees, centrally governed cities, and related organizations and individuals are responsible for implementing this Circular.

2. During the implementation process, if there are difficulties or obstacles, please reflect them in writing to the Ministry of Science and Technology for guidance or research on amendments and supplements to make it appropriate./.