Decree No. 201/2004/NĐ-CP On Issuing the Regulation on Management of Social Science and Humanities Activities

DECREE

Regarding the issuance of the Regulation on Managing Social Science and Humanities Activities

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Science and Technology dated June 9, 2000;

Pursuant to Decree No. 81/2002/NĐ-CP dated October 17, 2002 of the Government detailing the implementation of certain provisions of the Law on Science and Technology;

Considering the proposal of the Minister of Science and Technology,

DECREE:

Article 1. The Regulation on Managing Social Science and Humanities Activities is hereby issued together with this Decree.

Article 2. The Ministry of Science and Technology shall guide the implementation of this Regulation.

Article 3. This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 4. Ministers, Heads of ministerial-level agencies and Heads of government agencies equivalent to ministerial-level agencies, Chairpersons of provincial People's Committees under central cities, leaders of science and technology organizations at all levels, and related organizations and individuals are responsible for implementing this Decree./.

REGULATIONS

MANAGEMENT OF SOCIAL SCIENCE AND HUMANITIES ACTIVITIES

(Issued together with Decree No. 201/2004/NĐ-CP

dated December 10, 2004 of the Government)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Regulation stipulates the management of social science activities using state budget funds or not using state budget funds, carried out at various levels throughout the country.

2. Social science activities as defined in this Regulation include social science tasks and social science services. Social science tasks are organized in the form of social science programs, topics, and projects. Social science services include information, advisory, dissemination, training, enhancement activities, and other activities serving social science research.

Article 2. Applicability

1. Vietnamese organizations and individuals, foreign organizations and individuals, and overseas Vietnamese residing abroad conducting social science activities within the territory of the Socialist Republic of Vietnam.

2. State agencies managing science and technology at all levels.

Article 3. Principles of Managing Social Science Activities

In addition to the principles stipulated in Article 5 of the Law on Science and Technology, the management of social science activities must also comply with the following principles:

1. Respecting and ensuring democratic rights, promoting creative capacity, and enhancing the responsibility of organizations and individuals in social science activities.

2. Ensuring the leadership of the Party and the State over the orientation of social science activities as reflected in the Party's program, policy, and guidelines, in laws, policies, and socio-economic development plans of the State.

3. Ensuring unified and effective State management of social science activities from the central to local levels to effectively serve political tasks, socio-economic development requirements, and the development of social science fields.

Article 4. Financial Resources for Social Science Activities

Financial resources for social science activities include the following sources:

1. State budget funds (central and local) directly invested in social science activities allocated in the annual state budget plan or in socio-economic projects of the State, ministries, sectors, and localities.

Social science activities using these state budget funds are referred to as social science activities using state budget funds.

2. Other financial resources: self-owned funds of organizations and individuals; direct sponsorship from domestic and foreign organizations and individuals for social science activities; funds allocated for social science activities within socio-economic projects not using state budget funds.

Social science activities using these financial resources are referred to as social science activities not using state budget funds.

Chapter II

DETERMINATION OF SOCIAL SCIENCE TASKS

Article 5. Classification of Social Science Tasks

Social science tasks are divided into three levels:

1. National level: National social science programs, topics and projects under national social science programs, independent national social science topics and projects.

2. Ministry level: Social science programs, topics, and projects of ministries, provinces, and centrally governed cities.

3. Basic level: Social science topics and projects of organizations and individuals engaged in scientific activities.

Article 6. Development of Social Science Activity Plans

1. Every five years, the Ministry of Science and Technology will concretize the Party and State's directions in social science activities into a social science activity plan within the "Directions, Objectives, Main Tasks of Science and Technology and List of Key Programs at the National Level," to be submitted for approval by the Government.

2. Ministries, sectors, provinces, and centrally governed cities base their five-year and annual social science activity plans on the Government's social science directions, practical needs for economic and social development, and guidance from the Ministry of Science and Technology.

3. Social science activity plans must meet the following requirements:

a) Directly and promptly serve leadership requirements of the Party and state management; contribute to solving national and local economic and social development tasks.

b) Emphasize basic research, promote applied research. Closely integrate basic research with applied research; theoretical research with practical summary research; research with training.

c) Balance social science tasks and conditions for implementing those tasks to develop social science fields reasonably.

Article 7. Proposing Social Science Tasks

1. All organizations and individuals have the right to propose social science tasks to state management agencies at all levels concerning science and technology, scientific and technological organizations (research and development organizations, universities, social science service organizations), and science and technology development funds.

2. Social science tasks proposed by organizations and individuals must align with social science development orientations and plans, meet the needs for theoretical development of social sciences and the scientific potential of social science fields; serve leadership, management, and practical economic and social development needs.

3. State management agencies at all levels concerning science and technology are responsible for guiding and organizing the proposal of social science tasks to select and include them in five-year and annual plans within their jurisdiction.

Article 8. Determination and Approval of Social Science Tasks

1. State management agencies at all levels concerning science and technology aggregate social science tasks proposed by organizations and individuals to determine social science tasks every five years and annually, in accordance with Article 15 of Decree No. 81/2002/NĐ-CP dated October 17, 2002, of the Government detailing the implementation of certain provisions of the Law on Science and Technology (hereinafter referred to as Decree No. 81/2002/NĐ-CP).

2. The approval of social science tasks is classified as follows:

a) The Prime Minister approves national-level social science programs proposed by the Ministry of Science and Technology, including social science tasks on political theory proposed by the Central Theoretical Council.

b) The Minister of Science and Technology approves topics and projects under national-level social science programs, and independent national-level social science topics and projects.

c) Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairmen of People's Committees of provinces and centrally governed cities approve social science programs, topics, and projects at the ministry level.

d) Heads of organizations, agencies, and grassroots units approve social science topics and projects at the basic level within their authority.

đ) Organizations and individuals independently determine social science tasks not using state budget within their management scope.

Chapter III

MANAGEMENT OF SOCIAL SCIENCE TASK IMPLEMENTATION

USE OF STATE BUDGET

Article 9. Methods for Assigning Social Science Tasks Using State Budget

The assignment of organizations or individuals to implement social science tasks using state budget funds shall be conducted through selection or direct assignment according to the provisions of Articles 16 and 17 of Decree No. 81/2002/NĐ-CP, decided by state management agencies at all levels on science and technology:

1. In addition to the types of tasks specified in Clauses 2 and 3 of this Article, the selection of organizations or individuals to implement social science tasks must be done through the selection method.

2. For social science tasks involving national secrets, special aspects of security and defense, and certain particularly urgent tasks with complex and sensitive contents, state management agencies at all levels may select organizations or individuals who meet the conditions stipulated by the Law on Science and Technology and Decree No. 81/2002/NĐ-CP to directly assign them to implement such tasks.

3. The assignment of social science tasks through the National Science and Technology Development Fund shall be carried out in accordance with the regulations of the Fund.

Article 10. Implementation of Social Science Tasks Using State Budget

1. Social science tasks using state budget funds shall be organized and implemented in accordance with the Law on Science and Technology, Decree No. 81/2002/NĐ-CP, these Regulations, and other relevant legal provisions.

2. Social science tasks using state budget funds shall be implemented through research contracts between state management agencies on science and technology and organizations or individuals assigned to implement the tasks, based on selected and reviewed outlines, where a single individual cannot simultaneously head more than one national-level social science topic or project.

3. Management process for implementing social science tasks:

a) State management agencies on science and technology establish a selection council to evaluate the outlines of organizations or individuals applying to lead the implementation of social science tasks; establish an outline review council to evaluate the outlines of organizations or individuals directly assigned to lead the implementation of social science tasks.

b) Based on the evaluation opinions of the selection council or the outline review council, state management agencies on science and technology issue decisions assigning organizations or individuals to lead the implementation of social science tasks.

c) State management agencies on science and technology sign scientific contracts with organizations or individuals assigned to lead the implementation of social science tasks.

d) Organizations or individuals assigned to lead the implementation of social science tasks carry out the social science tasks.

đ) State management agencies on science and technology monitor, urge, and inspect the implementation of social science tasks according to the signed contracts.

e) State management agencies on science and technology establish a council to evaluate and accept the results of the implementation of social science tasks.

Article 11. Authority to Decide on Organizations and Individuals Leading the Implementation of Social Science Tasks Using State Budget

Based on the evaluation results of the selection council or the outline review council, state management agencies at all levels issue decisions assigning organizations or individuals to lead the implementation of social science tasks within their delegated authority as follows:

1. The Minister of Science and Technology decides:

a) Establishing the Program Steering Committee, Office, and appointing the Director of the Office of the National Social Science Program;

b) The leading agency, Program Leader of topics and projects under the National Social Science Program, and independent national social science topics and projects.

2. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial people's committees directly under the central government decide to assign organizations and individuals to lead the implementation of ministry-level social science tasks.

3. Heads of organizations, agencies, and grassroots units decide to assign organizations and individuals to lead the implementation of grassroots-level social science tasks.

Article 12. Decision on funding for implementing social science tasks using state budget

The competent authority approving social science tasks and deciding to assign organizations and individuals to implement such tasks as stipulated in Articles 8 and 11 of this Regulation shall, based on the purpose, requirements, detailed content, specific workload of the social science task, and the opinions of the selection council and the review council, determine the reasonable amount and source of funding according to the分级管理的国家预算管理权限，以实施每一项社会科学研究任务。

Article 13. Scientific contracts for implementing social science tasks using state budget

1. The content and form of scientific contracts between the state management agency for science and technology and organizations and individuals assigned to implement social science tasks must comply with the provisions of the Law on Science and Technology and the provisions of Articles 26, 27, 28, 29, and 30 of Decree No. 81/2002/NĐ-CP.

2. In addition to the provisions of Clause 1 of this Article, scientific research contracts for implementing social science tasks must also include the following contents:

a) Specify the basic contents that need to be achieved, consistent with the approved outline.

b) Specify the scientific products that must be produced during the implementation and at the end of the social science task. Scientific products include: comprehensive reports on the results of the social science task, summary reports, recommendation letters, and intermediate scientific products (statistical data compilations, surveys, conference proceedings, branch and specialized reports).

c) Specify the progress schedule to allow partial acceptance, publication, and recommendations during the implementation process to promptly serve leadership and management needs of the Party and State, as well as development requirements of sectors and localities.

d) Specify the responsibilities of each party regarding the publication and provision of information before and after the implementation of social science tasks.

Article 14. Rights and responsibilities of organizations and individuals primarily responsible for implementing social science tasks using state budget

1. In addition to the rights prescribed in Articles 15 and 17 of the Law on Science and Technology, organizations and individuals primarily responsible for implementing social science tasks have the following rights:

a) Participate in scientific cooperation and exchange activities, domestic and international conferences and seminars, training and application activities related to the research task.

b) Request the state management agency for science and technology, which signed the scientific contract, to provide necessary information to serve the implementation of the assigned scientific task.

c) Organizations and individuals who make significant contributions to economic and social development will be rewarded by the State according to current laws; they may propose additional funding to continue implementation at a higher level and wider scope.

d) Coordinate with the competent state management agency for science and technology to publish and publish research results; provide and transfer applications of research outcomes.

e) Enjoy authorship rights over products from the implementation of the scientific task and services for transferring and applying research results according to current laws.

f) Have the right to appeal to competent state management agencies at various levels regarding issues related to the implementation of assigned social science tasks according to current laws.

2. In addition to the provisions of Articles 16 and 18 of the Law on Science and Technology, organizations and individuals primarily responsible for implementing national-level social science tasks have the following responsibilities:

a) Be responsible for the results of implementation and the exploitation and use of information sources and materials during the implementation of the scientific task.

b) Provide scientific evidence, identify and recommend issues within the scope of the assigned scientific task objectively and truthfully to timely serve the formulation of policies and laws of the Party and State.

c) Report to the competent state management agency for science and technology on the implementation of the scientific task according to current regulations.

d) Attract and gather scientists to participate in the implementation of the scientific task; create conditions, respect, and ensure the benefits of participants to mobilize contributions, promote creativity, and contribute to training and improving the qualifications of the scientific workforce.

e) Through the implementation of the scientific task, contribute to building and developing specialized and interdisciplinary knowledge, and promote the application of research results in practice.

f) Collaborate in research, provide, and exchange information with organizations and individuals implementing other related social science tasks to exploit strengths, support each other in scientific activities, avoid overlap and waste.

g) Be responsible for retaining, publishing, submitting, and securing classified information and materials related to national secrets according to current regulations.

3. Organizations and individuals implementing social science tasks at the ministry and grassroots levels have the responsibility to meet the requirements stipulated in Clause 2 of this Article at appropriate levels corresponding to the nature, scale, and scope of the assigned scientific task.

Article 15. Evaluation, acceptance, and recognition of results from social science tasks funded by state budget

1. The evaluation and acceptance of results from social science tasks funded by state budget shall be carried out in accordance with Article 24 of the Law on Science and Technology; Articles 21, 24, and 25 of Decree No. 81/2002/NĐ-CP, and the regulations on evaluating and accepting social science research topics issued by the Ministry of Science and Technology.

2. Based on the conclusion of the acceptance council, the competent authority shall issue a decision to recognize the results of social science tasks as follows:

a) The Minister of Science and Technology recognizes the results of national-level social science programs, projects, and topics.

b) The Minister, Head of a ministry equivalent to a ministry, Head of a government agency, Chairman of the People's Committee of a province or centrally governed city recognizes the results of social science programs, projects, and topics at the ministry level.

c) The Heads of organizations, agencies, and grassroots units recognize the results of social science topics and projects at the grassroots level, within their assigned authority.

3. In cases where necessary, in addition to the opinions of the acceptance council, the competent authority issuing the decision to recognize the results of social science tasks may seek the opinions of experts to have additional grounds for recognizing the results of social science tasks, ensuring objectivity and accuracy, in accordance with the law.

Chapter IV

MANAGEMENT OF SOCIAL SCIENCE ACTIVITIES

WITHOUT USE OF STATE BUDGET

Article 16. Social science activities not using state budget

Social science activities not using state budget include:

1. Social science activities within the framework of economic and social projects not using state budget;

2. Social science activities conducted by scientific organizations or individuals belonging to such organizations using self-funded resources or financial sponsorship from domestic and foreign organizations and individuals;

3. Independent social science activities of individual scientists.

Article 17. Organization of social science activities not using state budget

1. The State encourages the mobilization and utilization of non-state budget funds to conduct social science activities serving the development goals and tasks of the country, sectors, localities, and organizations.

2. State management agencies at all levels concerning science and technology have the responsibility to guide and create conditions for organizations and individuals participating in social science activities not using state budget, ensuring compliance with the requirements of state management over science and technology and the provisions of laws governing scientific activities.

3. Organizations and places where groups and individuals participate in social science activities not using state budget have the responsibility to supervise and inspect the social science activities of these groups and individuals within their management scope according to their authority.

4. Organizations and individuals investing and primarily implementing social science tasks using self-funded resources together with the direct beneficiary agencies of the social science activity results have the responsibility to manage the implementation of social science tasks within their authority, ensuring compliance with the objectives, requirements, contents, scope, and subjects registered and adhering to relevant legal provisions.

Article 18. Registration for Implementing Non-State Budget-Funded Social Science Tasks

1. The State encourages organizations and individuals to register non-State budget-funded social science tasks they undertake with state management agencies at all levels.

2. Vietnamese organizations and individuals implementing social science tasks and services according to foreign organizations' requirements and funding must register their receipt of such sponsorship in accordance with Articles 10 and 12 of Decree No. 81/2002/NĐ-CP and with the directly managing agency.

Article 19. Evaluation, Acceptance, and Recognition of Results of Non-State Budget-Funded Social Science Activities

1. Organizations and individuals investing in and primarily undertaking social science tasks shall cooperate with beneficiary agencies to organize the evaluation and acceptance of results of non-State budget-funded social science activities.

2. Organizations and individuals primarily conducting non-State budget-funded social science activities have the right to request state management agencies at all levels to organize evaluations of their social science research results and must bear all costs associated with organizing such evaluations.

Research results of non-State budget-funded social science activities that affect national interests, defense, security, environment, and public health must be evaluated by authorized state management agencies before publication.

Procedures for evaluating non-State budget-funded social science tasks without signs of legal violations are carried out in accordance with Article 15 of this Regulation.

3. Recognition of results of non-State budget-funded social science activities is decided by beneficiary agencies, investors, and organizations and individuals executing the social science tasks.

4. Personal scientific research results registered with authorized state management agencies and deemed valuable are considered for support in organizing evaluations and publication in accordance with the law.

Article 20. Rights and Obligations of Organizations and Individuals Engaging in Non-State Budget-Funded Social Science Activities

Organizations and individuals primarily undertaking non-State budget-funded social science tasks have the same rights as those primarily undertaking State-budget funded social science tasks as stipulated in Clause 1, Article 14 of this Regulation and are responsible for fulfilling obligations in scientific activities as prescribed by law.

Article 21. Contracts for Research and Provision of Non-State Budget-Funded Social Science Services

1. Organizations and individuals engaged in science have the right to enter into contracts to implement programs, topics, projects, and social science service provision based on orders from organizations and individuals with needs.

2. State management agencies at all levels are responsible for guiding and advising on finding sources for providing social science services upon requests from organizations and individuals with needs.

3. Contracts between organizations and individuals with needs and organizations and individuals primarily responsible for programs, topics, projects, and social science service provision shall be executed in accordance with the law.

Chapter V

UTILIZATION OF SOCIAL SCIENCE ACTIVITY RESULTS

Article 22. Information on the results of social science activities

1. Organizations and individuals primarily responsible for implementing social science tasks have the right to propose recommendations derived from the implementation of social science tasks to competent leadership and management agencies to provide information and contribute to serving economic and social development.

2. State management agencies at all levels concerning science and technology shall be responsible for reporting to competent leadership and management agencies about the results of implementing social science tasks within their jurisdiction, and new scientific discoveries proposed by organizations and individuals.

3. Competent leadership and management agencies at all levels shall be responsible for examining the value, impact, and effectiveness of the recommendations and informing the proposing organizations and individual scientists.

Article 23. Archiving the results of implementing social science tasks

The results of implementing social science tasks shall be stored and kept confidential according to the provisions of the law at state management agencies at all levels concerning science and technology and the primary implementing agencies of the social science tasks.

Article 24. Announcing and publishing the results of implementing social science tasks

1. Announcing the results of social science tasks after acceptance and recognition must comply with the Law on Publishing, the Law on Press, and other legal provisions regarding intellectual property rights.

2. The competent authority recognizing the results of implementing social science tasks decides the content, scope, and form of announcing and publishing the results of social science tasks.

3. Publication costs are not included in the budget for implementing programs, topics, and projects of social science.

4. Each year, state management agencies at all levels concerning science and technology shall be responsible for coordinating with relevant agencies to announce the results of social science activities funded by the state budget within their jurisdiction.

Article 25. Transfer and application of the results of social science activities

1. The results of social science tasks that have been accepted and recognized, capable of being applied to serve economic and social development, not belonging to national secrets, and not violating prohibitions stipulated in the Law on Science and Technology may be transferred and applied to organizations and individuals with needs.

2. State management agencies at all levels concerning science and technology, based on consulting opinions from organizations and individuals primarily responsible for implementing social science tasks, decide within their authority the scope, subjects, and requirements for applying, transferring, and using with or without payment the results of social science tasks funded by the state budget.

3. Exchanging scientific products from social science activities not funded by the state budget is decided and implemented by investors and primary implementing organizations and individuals according to the provisions of the law.

4. Transferring and applying the results of social science tasks as stipulated in Clause 2 of this Article must be carried out through contracts according to the provisions of the law.

5. Fees for transferring and applying the results of social science tasks are agreed upon by the service provider and recipient in the contract and used according to current legal provisions.

6. Strictly prohibited is the unauthorized provision and provision beyond authority of products and information about social science activities containing national secret content.

Article 26. Organizing scientific conferences and seminars

1. State management agencies at all levels responsible for science and technology shall guide organizations and individuals engaged in science in organizing scientific conferences and seminars to announce and exchange information on the results of social science activities.

2. Scientific organizations shall be responsible for coordinating with state management agencies at all levels in organizing scientific conferences and seminars to discuss issues of theory and practice arising from the implementation of social science tasks, in accordance with current laws governing the organization of conferences and seminars.

Article 27. Rewards and handling of violations in social science activities

1. The State shall award rewards annually and every five years to collectives and individuals with outstanding achievements in social science activities.

2. State management agencies at all levels responsible for science and technology shall organize the examination and recommendation for rewards, presentation of science awards, and conferment of science titles to organizations and individuals with outstanding achievements in social science activities.

3. Organizations and individuals participating in social science activities with excellent results and good contributions to economic and social development shall be prioritized for financial support, provided opportunities to apply their work to practice or implement it at higher levels or wider scopes.

4. Organizations and individuals primarily responsible for implementing social science tasks who violate scientific contracts shall be handled according to the provisions of the contract and the law on contracts. If organizations and individuals primarily responsible for implementing social science tasks using state budget funds seriously violate scientific contracts or are unable to complete the tasks, competent state management agencies have the right to terminate the contract, conduct settlement and recovery of funds.

5. Organizations and individuals violating regulations on managing social science activities shall be dealt with according to the degree of violation as stipulated by law.

Chapter VI

IMPLEMENTATION

Article 28. Responsibilities of state management agencies for science and technology

1. The Ministry of Science and Technology shall be responsible for leading and coordinating with the Ministry of Finance, the Ministry of Home Affairs, and related agencies to guide and inspect organizations and individuals participating in social science activities in implementing this Regulation.

2. State management agencies for science and technology under ministries, sectors, and localities shall be responsible for guiding and inspecting organizations and individuals participating in social science activities within their jurisdiction in implementing this Regulation.

Article 29. Responsibilities of organizations and individuals participating in social science activities

All organizations and individuals participating in social science activities shall be responsible for implementing this Regulation.

Article 30. Supplementing and Improving the Regulation

During the implementation of this Regulation, if there are issues requiring supplementation or amendment, organizations and individuals shall report them to the Ministry of Science and Technology for consolidation and submission to the Government for consideration and decision./.