Circular No. 20/2015/TT-BKHCN detailing and guiding the implementation of Government Decree No. 93/2014/NĐ-CP dated October 17, 2014, amending and supplementing certain articles of Government Decree No. 64/2013/NĐ-CP dated June 27, 2013, on administrative penalties for violations in scientific and technological activities and technology transfer.

CIRCULAR

Detailed regulations and guidance on implementing N |||Decree No. 93/2014/NĐ-CP

dated October 17, 2014 of the Government on amending and supplementing certain articles Cof Decree No. 64/2013/NĐ-CP

of N |||dated June 27, 2013 of the Government stipulating Cadministrative penalties for violations in scientific and technological activities,

and technology transfer Based on the Law on Science and Technology dated June 18, 2013;

________________________

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

CamendBased on Decree No. 08/2014/NĐ-CP dated January 27, 2014 of the Government detailing and guiding implementation of certain provisions

of the Law on Science and Technology;No. INDUSTRIAL EXPLOSIVES - TNP1 EXPLOSIVESonbased on DecreeDeputy ministers of ministerial-level agencies,Based on Decree No. 93/2014/NĐ-CP dated October 17, 2014 of the Government amending and supplementing certain articles of Decree

No. 64/2013/NĐ-CP dated June 27, 2013 of the Government stipulating administrative penalties for violations in scientific and technological activities, and technology transfer;No. Based on Decree No. 20/2013/NĐ-CP dated February 26, 2013 of the Government stipulating functions

of the Inspectorate of the Ministry and the Director of the Department of Legal Affairs,amendThis Circular provides detailed regulations on Article 33 of the Chemical Law dated November 21, 2007 relating to the use of chemicals for conducting experiments and scientific research (hereinafter referred to as the Chemical Law), including:onImplementing Decision No. 1203/QĐ-TTg dated September 18, 2018 of the Prime Minister on the issuance of the action plan to implement Decree No. 57/2018/NĐ-CP dated April 17, 2018 of the Government on mechanisms and policies to encourage enterprises to invest in agriculture and rural areas;

At the proposal of the Office of the Ministry of Public Security;June 2024;The Minister of Science and Technology promulgates this Circular detailing and guiding implementation of Decree No. 93/2014/NĐ-CP dated October 17, 2014 of the Government amending and supplementing certain articles of Decree

No. 64/2013/NĐ-CP dated June 27, 2013 of the Government stipulating administrative penalties for violations in scientific and technological activities, and technology transfer., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPThis Circular details and guides implementation of Decree No. 93/2014/NĐ-CP dated October 17, 2014 of the Government amending and supplementing certain articles of Decree No. 64/2013/NĐ-CP dated June 27, 2013 of the Government stipulating administrative penalties for violations in scientific and technological activities, and technology transfer (hereinafter referred to as Decree No. 93/2014/NĐ-CP).

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Organizations and individuals committing administrative violations in the field of science and technology.

Article 2. Applicability

2. Organizations and individuals with authority to impose administrative penalties for violations in the field of science and technology as provided for in Articles 22, 23, and 24 of Decree No. 64/2013/NĐ-CP dated June 27, 2013 of the Government stipulating administrative penalties for violations in scientific and technological activities, and technology transfer.

3. Other organizations and individuals related to handling administrative violations in the field of science and technology.

1. Scientific and technological tasks (using or not using state budget) include: programs, projects, topics, experimental production projects, scientific and technological projects at various levels, research tasks according to functions or other types carried out to meet practical requirements for economic and social development, ensuring national defense and security, developing science and technology, as detailed from Clause 4 to Clause 12, Article 3 of Decree No. 08/2014/NĐ-CP dated January 27, 2014 of the Government detailing and guiding implementation of certain provisions of the Law on Science and Technology (hereinafter referred to as Decree No. 08/2014/NĐ-CP).

Article 3. Explanation of Terms

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

2. Scientific and technological tasks using state budget are those scientific and technological tasks stipulated in Articles 25, 26, 27, and 28 of Decree No. 08/2014/NĐ-CP.

3. Scientific and technological council (hereinafter referred to as council) includes:

a) Advisory councils on science and technology as provided for in Article 32 of Decree No. 08/2014/NĐ-CP.

b) Councils with different names but having advisory functions during management and organization of scientific and technological tasks as prescribed by laws on science and technology.

4. Members of the council are members listed in the council's roster, established by a decision of the competent management agency.

ADMINISTRATIVE VIOLATIONS IN SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES

Chapter II

ACTIONS VIOLATING ADMINISTRATIVE REGULATIONS IN SCIENTIFIC ACTIVITIES

AND TECHNOLOGY

Article 4. Violations concerning the activities of the science and technology council as stipulated in Clause 2, Article 1 of Decree No. 93/2014/ND-CP.

1. The act of evaluating and scoring inconsistently with the criteria prescribed by the competent state agency when consulting, reviewing, selecting, assessing, and accepting scientific and technological tasks by members of the council shall be considered one of the following acts:

a) Awarding points exceeding the maximum allowed for content that has a specified maximum point.

b) Awarding points greater than zero (>) for content that is not present in the dossier or is present but does not meet the requirements of the grading scale.

c) Evaluating contents at a level of pass or higher but concluding overall at a level of fail.

d) Evaluating all contents at a level of fail or lower but concluding overall at a level of pass or higher.

2. The act of providing information related to the evaluation and review process and the results of consultation without the permission of the agency establishing the council by members of the council shall be considered the act of disclosing and providing unauthorized information about the evaluation and review process, consultation results of the council on scientific and technological tasks.

Information about the evaluation, review, and consultation results of the council includes those from the member of the council themselves or other members of the council who have participated in the process.

In cases where the information about the evaluation, review, and consultation results has been publicly announced by the agency or person authorized to establish the advisory council, it shall not be considered a violation.

Article 5. Violations concerning the registration of results of implementing scientific and technological tasks funded by the state budget as stipulated in Clause 3, Article 1 of Decree No. 93/2014/ND-CP.

1. The act of violating the regulations on registering the results of implementing scientific and technological tasks funded by the state budget shall be considered the act of the organization responsible for the scientific and technological task funded by the state budget failing to register the results within thirty days from the date the scientific and technological task is officially accepted, as prescribed in Clause 2, Article 10 of Circular No. 14/2014/TT-BKHCN dated June 11, 2014 of the Ministry of Science and Technology on the collection, registration, storage, and publication of information on scientific and technological tasks.

2. Specific cases shall be handled as follows:

a) Mitigating circumstances shall be applied when imposing penalties in cases where the responsible organization registers the results within one year from the deadline of thirty days mentioned in Clause 1 of this Article until the violation is discovered.

b) No penalty shall be imposed in cases where more than one year has passed from the date the responsible organization registered the results of implementing the scientific and technological task until the violation is discovered.

Article 6. Violations concerning scientific and technological activities as stipulated in Clause 4, Article 1 of Decree No. 93/2014/ND-CP.

1. The act of implementing a scientific and technological task beyond the committed time without the consent of the state management agency assigning the task shall be considered the act of organizations and individuals implementing state-budget-funded tasks exceeding the time limit determined in the decision assigning the task or the scientific and technological contract. In cases where there is a difference in the implementation time recorded in the assignment decision compared to the contract, the time shall be determined according to the contract.

2. The committed time for implementing the scientific and technological task as stipulated in Clause 1 of this Article includes any extended period (if applicable). The basis for determining the extension is documented by the agency that assigned the task or a supplementary contract.

Article 7. Violations concerning reporting, registration, implementation of activities, and dissolution of scientific and technological organizations as stipulated in Clause 5, Article 1 of Decree No. 93/2014/ND-CP.

1. The act of a scientific and technological organization not reporting its operational situation as prescribed by the competent state management agency includes one of the following acts:

a) Not submitting periodic reports on the operational situation before December 15 each year to the state management agency for science and technology.

b) Not reporting, providing documents, or explaining issues related to the operational situation when requested by the state management agency for science and technology.

2. For violations by scientific and technological organizations in registering, changing, supplementing, or reissuing the Certificate of Registration for Scientific and Technological Activities, the competent authority issuing the Certificate of Registration for Scientific and Technological Activities shall be determined as the Ministry of Science and Technology, Provincial Department of Science and Technology, as stipulated in Article 8 of Decree No. 08/2014/ND-CP.

3. The act of not complying with the procedures and formalities for dissolving scientific and technological organizations as prescribed by law is the act of a scientific and technological organization that, during the dissolution process, does not comply with or fails to comply with the provisions set out in Clause 3, Article 16 of Decree No. 08/2014/ND-CP, including one of the following acts:

a) Not having a dissolution decision or the dissolution decision not containing all essential contents including: the name and main address of the scientific and technological organization; reasons for dissolution; time limit and procedures for liquidating contracts and paying off debts of the scientific and technological organization (if any); the payment deadline for debts and contract liquidation shall not exceed six months from the effective date of the dissolution decision; plan for handling obligations arising from labor contracts and recruitment decisions; full name and signature of the legal representative of the scientific and technological organization; organization or individual establishing the scientific and technological organization organizing the liquidation of assets of the scientific and technological organization, except where the Charter of the scientific and technological organization provides for the establishment of a separate liquidation organization.

b) Within ten working days from the issuance of the dissolution decision, not sending the dissolution decision to the agency registering scientific and technological activities or not publicly posting the dissolution decision at the main office, branch, or representative office of the scientific and technological organization.

c) Not publishing the dissolution decision of the scientific and technological organization in at least one local newspaper in the place where the main office is located for three consecutive issues or on the electronic news page of the ministry, sector, or province where the main office is located.

d) Within ten working days from the completion of debt payments by the scientific and technological organization, not sending a notification about the completion of obligations specified in Point b, Clause 3, Article 16 of Decree No. 08/2014/ND-CP and the Certificate of Registration for Scientific and Technological Activities to the agency registering scientific and technological activities.

4. The subjects subject to punishment under Clause 5, Article 1 of Decree No. 93/2014/ND-CP include: representative offices and branches of domestic scientific and technological organizations; representative offices and branches of foreign scientific and technological organizations in Vietnam.

Article 8. Violations concerning the evaluation and ranking of public scientific and technological organizations as stipulated in Clause 6, Article 1 of Decree No. 93/2014/ND-CP

Conducting evaluations and rankings not in accordance with prescribed methods and criteria refers to actions by independent evaluation organizations that conduct evaluations and rankings for public scientific and technological organizations to serve state management but fail to implement or improperly implement the evaluation criteria and methods specified in Circular No. 38/2014/TT-BKHCN dated December 16, 2014 of the Ministry of Science and Technology on evaluating scientific and technological organizations.

Article 9. Violations concerning ownership and utilization of scientific and technological outcomes as stipulated in Clause 7, Article 1 of Decree No. 93/2014/ND-CP

1. Failure to report to the representative of the State owner regarding the exploitation, transfer, or assignment of rights to scientific research and technological development outcomes includes the following actions:

a) Not submitting periodic reports on the exploitation, transfer, or assignment to the representative of the State owner.

b) Not reporting, providing documents, or explaining issues related to the exploitation, transfer, or assignment when requested by the representative of the State owner.

2. Failure to notify the representative of the State owner when unable to exploit the right to use scientific research and technological development outcomes refers to the situation where an organization entrusted with all or part of the rights to use research outcomes does not inform the representative of the State owner when it can no longer meet the conditions agreed upon in the agreement between the State owner and the organization.

3. Failure to implement or improperly implementing decisions on granting rights refers to the situation where an organization entrusted by a competent state management agency with all or part of the ownership and usage rights of scientific research and technological development outcomes created using state budget funds fails to implement or improperly implements the ownership and usage rights of those research outcomes as stipulated in Clause 4, Article 41 of the Law on Science and Technology.

4. The representatives of the State owner of scientific and technological research outcomes created using state budget funds as stipulated in Clauses 1, 2, and 3 of this Article include:

a) The Minister of Science and Technology is the representative of the State owner of the outcomes of national-level science and technology tasks.

b) The Ministers, Heads of ministerial-level agencies, government-affiliated agencies, central-level state agencies, and Chairpersons of provincial People's Committees are the representatives of the State owner of the outcomes of science and technology tasks at the ministry, provincial, or grassroots level approved by themselves.

c) The Heads of agencies and organizations not covered under Points a and b of this Clause are the representatives of the State owner of the outcomes of science and technology tasks approved by themselves.

5. When determining the violation as stipulated in Point a, Clause 1 of this Article, the deadline for submitting periodic reports shall be determined by the competent management agency or the representative of the State owner. In cases where there is no such provision, the deadline for submitting periodic reports, serving as the basis for identifying the violation, shall be December 31 each year.

Article 10. Acts of violation concerning the application and dissemination of scientific and technological activities as stipulated in Clause 8, Article 1 of Decree No. 93/2014/NĐ-CP

1. The act of not submitting reports on the use of funds allocated for scientific and technological activities according to the regulations of the project investor, economic and social development program using state budget funds is one of the following acts:

a) Not submitting periodic reports to competent state agencies on the use of funds allocated for scientific and technological activities;

b) Not reporting, providing materials, or explaining issues related to the use of funds allocated for scientific and technological activities when requested by competent state agencies;

c) Not submitting reports to competent state agencies on the use of funds allocated for scientific and technological activities upon completion of the project.

2. The act of not organizing research to establish scientific bases during the investment preparation phase, implementation phase, and resolution of scientific and technological issues arising during the implementation process is the act of the project investor, economic and social development program using state budget funds not implementing according to the provisions of laws on science and technology in one of the following forms:

a) Commissioning scientific and technological organizations to carry out scientific and technological tasks;

b) Self-organizing research through the implementation of scientific and technological tasks.

3. The act of implementing scientific and technological tasks funded by the state budget with commitments and applications in production and daily life but not directly or not participating in applying research results to production and daily life is the act of the leading organization not directly or not participating in applying research results according to the contract or written request of the commissioning party, except in cases where the competent state management agency or the owner of the research results has other requirements.

4. For violations in the application of research results from scientific and technological tasks not funded by the state budget into production and daily life, the basis for determining scientific and technological tasks that must be reviewed before applying research results into production and daily life is the tasks prescribed in Articles 14, 15, and 16 of Circular No. 02/2015/TT-BKHCN dated March 6, 2015, issued by the Ministry of Science and Technology on the evaluation and review of research results from scientific and technological tasks not funded by the state budget.

5. When identifying the act at Point a, Clause 1 of this Article, the time for submitting periodic reports is determined by the competent management agency. In cases where the competent management agency has not specified, the deadline for determining the violation is December 31 of each year.

Article 11. Acts of violation concerning registration, management, and use of the Scientific and Technological Development Fund as stipulated in Clause 9, Article 1 of Decree No. 93/2014/NĐ-CP

1. The act of not notifying the establishment of the Scientific and Technological Development Fund to the competent state agency for science and technology is the act of organizations and individuals establishing the Scientific and Technological Development Fund, within thirty days from the date of issuance of the Certificate of Registration for Operation, failing to notify in writing the establishment of the fund to the Department of Science and Technology of the locality where the headquarters of the fund is located.

2. The act of not reporting the allocation and use of the Scientific and Technological Development Fund according to regulations is the act of organizations and individuals establishing the Scientific and Technological Development Fund not submitting written reports on the allocation and use of the fund to the tax authority, Department of Finance, and Department of Science and Technology of the locality where the fund was established. The deadline for submitting the report is the same as the deadline for submitting the final income tax return.

3. For the act of not returning the financial support from the Scientific and Technological Development Fund formed from state budget funds within the due period, the deadline for determining the violation is based on the contract or decision on financial support of the fund. If there is a difference between the period stated in the contract and the period stated in the decision on financial support, the period shall be determined according to the contract. The repayment period includes any extended period (if applicable). Any extension must be documented in writing by the funding body.

4. When identifying violations of organizations required to establish a Scientific and Technological Development Fund, organizations required to establish a Scientific and Technological Development Fund are defined as state-owned enterprises as stipulated in Article 9 of Decree No. 95/2014/NĐ-CP dated October 17, 2014, of the Government on investment and financial mechanisms for scientific and technological activities.

State-owned enterprises are enterprises in which the state holds 100% of the charter capital as stipulated in Clause 8, Article 4 of the Enterprise Law 2014. The minimum percentage that state-owned enterprises must allocate from their taxable income to establish a Scientific and Technological Development Fund is set at 3%, as stipulated in Clause 1, Article 9 of Decree No. 95/2014/NĐ-CP.

Chapter III

IMPLEMENTING PROVISIONS

Article 12. Effective Date

1. This Circular takes effect from December 20, 2015.

2. During the implementation, if the legal normative documents cited for application in this Circular are amended, supplemented, or replaced, they shall be applied according to those amended, supplemented, or replaced documents.

Article 13. Responsibility for Implementation

1. Heads of units under the Ministry, heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular.

2. During the implementation, if any difficulties arise, agencies, organizations, and individuals are advised to promptly reflect them to the Ministry of Science and Technology for appropriate amendments and supplements./.