Circular No. 22/2012/TT-BKHCN guiding the development and implementation of programs to enhance the capacity of science and technology application centers and standardization, measurement, and quality control technical centers under provinces and centrally governed cities.

CIRCULAR

Guidelines for the development and implementation of the Program to enhance the capacity of science and technology application centers and technical standard measurement quality centers under provinces and centrally governed cities

Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decision No. 317/QĐ-TTg dated March 15, 2012 of the Prime Minister approving the Program to enhance the capacity of science and technology application centers and technical standard measurement quality centers under provinces and centrally governed cities;

Considering the proposal of the Director of the Department of Science and Technology and the Head of the Local Science and Technology Board;

The Minister of Science and Technology issues this Circular guiding the development and implementation of the Program to enhance the capacity of science and technology application centers and technical standard measurement quality centers under provinces and centrally governed cities approved by Decision No. 317/QĐ-TTg dated March 15, 2012 of the Prime Minister,

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular guides the development, approval, and organization of implementation of projects under the Program to enhance the capacity of science and technology application centers and technical standard measurement quality centers under provinces and centrally governed cities issued pursuant to Decision No. 317/QĐ-TTg dated March 15, 2012 of the Prime Minister (hereinafter referred to as the Program).

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) Science and technology application center or other public service unit under the Department of Science and Technology of provinces and centrally governed cities performing the function of applying scientific and technological progress (hereinafter referred to as the science and technology application center);

b) Technical standard measurement quality center or other public service unit under the Standard Measurement Quality Control Agency, or under the Department of Science and Technology of provinces and centrally governed cities performing the function of providing measurement and product quality testing services (hereinafter referred to as the technical standard measurement quality center);

Article 2. Interpretation of Terms

1. Common measuring instruments are measuring instruments listed in the Catalogue of Measuring Instruments prescribed by the Minister of Science and Technology.

2. Group 2 products and goods issued by the Ministry of Science and Technology are products and goods with potential safety hazards managed by national technical regulations prescribed by the Minister of Science and Technology.

3. Measurement services as defined in Point b Clause 2 Article 1 of this Circular include calibration and verification activities.

Chapter II
DEVELOPMENT AND APPROVAL OF PROJECTS UNDER THE PROGRAM

Article 3. Types of projects under the Program

1. Projects for new construction of offices, workshops, experimental farms, laboratories, and technical equipment for the subjects specified in Clause 2 Article 1 of this Circular, including:

a) Project for new construction of office premises for centers that do not have office premises;

b) Project for new construction of workshops, experimental farms, testing rooms, and measurement rooms;

c) Project for new investment in technical equipment for facilities and specialized technical equipment.

2. Projects for supplementary investment, upgrading, and renovation of laboratories, workshops, experimental farms, and enhancement of technical equipment, including:

a) Project for upgrading and renovation of office premises, workshops, experimental farms, testing rooms, and measurement rooms;

b) Project for supplementary investment and upgrading of technical equipment for facilities and specialized technical equipment.

3. Training and capacity-building projects to improve professional and vocational skills for management staff and technicians, including:

a) Project for training and capacity-building to enhance capabilities, professional and vocational skills, and management activity capabilities;

b) Project for training and capacity-building to enhance capabilities in absorbing, mastering, developing, and expanding transferred technologies.

Article 4. Basis for building projects under the Program

1. Functions and tasks of the application center and the technical center for TDC.

2. Current capacity of the application center and the technical center for TDC.

3. Demand and development tasks for science and technology of the locality from now until 2020.

4. Ability to link and cooperate with other scientific and technological application facilities, measurement, testing, analysis, evaluation institutions under the management of departments and agencies of the province or centrally governed city.

5. Financial capacity from the state budget including investment funds for local science and technology development; funds raised from programs and projects using state budget and other legitimate financial sources.

Article 5. Building and approving investment policies for projects under the Program

1. The Department of Science and Technology shall organize the assessment of current capacity and investment needs of the application center and the technical center for TDC; determine technology requirements, equipment and training needs as stipulated in Appendix 1 and Appendix 2 of this Circular.

2. Based on the results of the assessment of current capacity and needs as specified in Clause 1 of this Article, the Department of Science and Technology shall prepare documents to submit to the People's Committee of the province or centrally governed city for approval of the investment policy for the project.

3. The People's Committee of the province or centrally governed city shall approve the investment policy for the project; decide the investor; assign tasks to the investor to build the investment project.

Article 6. Building and Approving Investment Projects under the Program

1. Based on the decision approving the investment policy of the People's Committee of the province or centrally governed city, the investor shall build the investment project in accordance with laws on construction investment projects and equipment procurement projects, training projects.

2. The Department of Science and Technology shall submit the project dossier to the People's Committee of the province or centrally governed city for consideration and approval.

3. The People's Committee of the province or centrally governed city shall send the project dossier to the Ministry of Science and Technology for comments, the dossier includes:

a) A letter requesting comments;

b) A copy of the decision approving the investment policy for the construction project of the People's Committee of the province or centrally governed city;

c) Investment report;

d) Project description;

đ) Environmental impact assessment report or environmental protection commitment according to current environmental protection laws.

4. Within fifteen working days from the date of receipt of complete dossier as specified in Clause 3 of this Article, the Ministry of Science and Technology shall have the responsibility to reply in writing to the People's Committee of the province or centrally governed city.

5. In case the comments of the Ministry of Science and Technology require additional information or amendments to the project content, the People's Committee of the province or centrally governed city shall request the investor to provide explanations and incorporate them.

6. The Chairman of the People's Committee of the province or centrally governed city shall consider and decide to approve the project within his authority after receiving comments from the Ministry of Science and Technology.

7. After approving the project, the People's Committee of the province or centrally governed city shall send the list and dossier of the project to the Ministry of Science and Technology no later than June 30 each year for compilation to serve the allocation of state budget funds for the following year.

Article 7. Content for comments by the Ministry of Science and Technology on projects under the Program

1. The content for comments includes:

a) Compliance with the objectives and tasks of the Program;

b) Scope of implementation, target group, time frame, results, and progress of implementation;

c) Meeting requirements for synchronization, functionality, technological level of equipment and machinery, and other requirements;

d) Implementation solutions for the project;

đ) Interconnection and integration with other local programs and projects to enhance effectiveness, avoid duplication, and waste;

e) Project funding sources;

f) Investment project effectiveness.

2. In cases where necessary, the Ministry of Science and Technology may request the project investor to provide additional information and explanations.

Article 8. Funding for implementing projects under the Program

1. Funding for implementing projects under the Program is allocated from the state budget for science and technology of the locality, including investment development and scientific and technological affairs funded by the central government through the local budget; from other sources of the local budget and lawful raised funds.

2. The investment development budget for science and technology allocated by the central government through the local budget is used for the following purposes:

a) New construction of workshops, laboratories, experimental farms, measurement and testing rooms;

b) Upgrading workshops, laboratories, experimental farms, measurement and testing rooms;

c) Purchasing or enhancing technical equipment and facilities;

3. The local budget is used for the following purposes:

a) Construction of office premises;

b) Land clearance;

c) Purchasing technical equipment related to basic construction works;

d) Training and capacity building for management and technical staff of application centers and domestic and foreign technology transfer centers.

4. Funds raised from service activities for technology application and transfer; measurement, testing, and other lawful sources are used to serve the tasks of projects under the Program according to current regulations.

5. Funding for organizing opinions on projects, monitoring, and supervising projects; interim and final evaluations of the Program are guaranteed from the annual state budget for scientific and technological affairs allocated to the Ministry of Science and Technology.

Chapter III
IMPLEMENTATION

Article 9. Responsibilities of the People's Committee of Provinces and Central Cities

1. By the end of 2015, the People's Committees of provinces and centrally governed cities shall complete the organizational structure and staffing of application centers and technology transfer centers as follows:

a) Complete the organizational restructuring and name adjustment of units under the provincial Departments of Science and Technology that perform functions of applying scientific and technological advancements and quality measurement and testing services for products and goods in accordance with Point b Clause 1 Article 1 of Decision No. 317/QĐ-TTg dated March 15, 2012 of the Prime Minister.

b) Establish new application centers in provinces and centrally governed cities that do not have such centers, following the guidelines set out in Circular Joint No. 05/2008/TTLT-BKHCN-BNV dated June 18, 2008 of the Ministry of Science and Technology and the Ministry of Home Affairs regarding the guidance on the functions, tasks, authorities, and organizational structure of specialized agencies for science and technology under provincial and district people's committees.

c) Establish new technology transfer centers in provinces and centrally governed cities that do not have such centers, following the guidelines set out in Circular Joint No. 14/2009/TTLT-BKHCN-BNV dated May 28, 2009 of the Ministry of Science and Technology and the Ministry of Home Affairs regarding the guidance on the functions, tasks, authorities, and organizational structure of Standardization, Measurement, and Quality Control Sub-Departments under provincial Departments of Science and Technology.

2. Direct the Provincial Department of Science and Technology, the Provincial Department of Planning and Investment, the Provincial Department of Finance, and relevant departments to develop projects, allocate land, funding, and other necessary conditions for implementing projects under the Program; review and integrate with other programs and projects to avoid duplication and waste.

3. Approve and direct the implementation of projects under the Program after receiving comments from the Ministry of Science and Technology.

4. Coordinate with the Ministry of Science and Technology to inspect the organization and implementation of projects under the Program.

5. Annually evaluate the results of implementing projects under the Program, submit to the Ministry of Science and Technology for consolidation and reporting to the Prime Minister.

6. Perform state management functions for the implementation of the Program.

Article 10. Responsibilities of the Ministry of Science and Technology

1. Respond in writing to the People's Committees of provinces and centrally governed cities on the contents stipulated in Article 7 of this Circular.

2. Aggregate the needs of localities to build a list and implementation schedule for investment projects under the Program.

3. Propose and coordinate with the Ministry of Planning and Investment and the Ministry of Finance to balance, allocate, and adjust the budget for localities to implement investment projects based on the goals, tasks, and results of projects under the Program.

4. Organize inspections of the implementation of projects under the Program; conduct interim and final evaluations of the Program's implementation, report to the Prime Minister.

5. Lead and coordinate with the Ministry of Home Affairs and the People's Committees of provinces and centrally governed cities to adjust and supplement regulations, guidelines, directives, and organize the implementation of organizational restructuring and name adjustments of units performing functions of applying scientific and technological advancements and quality measurement and testing services for products and goods according to the Program, ensuring unified state management of these two centers.

Article 11. Responsibilities of the Investment Management Authority and the Investor

The Investment Management Authority and the Investor shall be responsible for organizing and implementing projects under the Program in accordance with the relevant current laws.

Chapter IV
IMPLEMENTING PROVISIONS

Article 12. Effective Date

1. This Circular takes effect forty-five (45) days from the date of issuance.

2. During the process of organization and implementation, if any issues arise or difficulties occur, the agencies, organizations, and individuals concerned shall promptly report in writing to the Ministry of Science and Technology for examination and resolution within their authority.

 

Appendix I

GUIDELINES FOR DETERMINING THE NEED FOR INVESTMENT TO ENHANCE THE CAPACITY OF APPLICATION CENTERS
(Attached to Circular No. 22/2012/TT-BKHCN dated November 22, 2012 issued by the Minister of Science and Technology)

The Department of Science and Technology shall organize the evaluation and determination of the need for investment to enhance the capacity of application centers for advanced science and technology in provinces and centrally-administered cities as follows:

1. Evaluation of the current capacity of the application center

a) The office premises of the application center regarding the level of meeting operational requirements (specify: construction grade, year of construction, total investment value, usable area, ability to meet job requirements and functions of the application center...);

b) The system of workshops and experimental farms of the application center: laboratories, experimental areas, production workshops, product storage warehouses, raw material storage warehouses;

c) Technical equipment for construction works and specialized equipment: machinery and equipment serving the implementation of application and technology transfer activities; production workshop equipment systems; laboratory equipment; other specialized machinery and equipment;

d) The capacity of the staff and organizational structure of the application center;

đ) Results of applying advanced science and technology and transferring technology to production; implementation of projects to enhance the capacity of the application center;

e) Requirements for safety and environmental protection.

2. Determination of investment needs

Based on the National Strategy for Science and Technology Development until 2020; overall planning for economic and social development, strategic/plan/regional planning for science and technology development of the locality; local special advantages; and the results of the assessment specified in Section 1 above, the Department of Science and Technology shall determine the need for investment to enhance the capacity of the application center:

a) Need for investment in new construction or upgrading of the office premises of the application center. The investment needs must clearly specify:

- Form of investment (new construction or supplementary upgrade), total investment capital;

- Scale of construction;

- List of construction items;

- Technical standards and regulations according to current provisions.

b) Investment in new construction or upgrading of workshops and experimental farms of the application center: laboratories, experimental areas, production workshops, product storage warehouses, raw material storage warehouses, demonstration and product introduction areas, management areas. The investment needs must clearly specify:

- Form of investment, total investment capital;

- Construction items;

- Technical standards and regulations according to current provisions;

c) Investment in new acquisition or supplementation of technical equipment for construction works and specialized equipment, including: procurement of machinery and equipment serving the implementation of application and technology transfer activities; production workshop equipment systems; laboratory equipment; other machinery and equipment. The investment needs must clearly specify:

- Form of investment, total investment capital;

- Types of technical equipment, technical standards according to current provisions;

d) Training and upgrading the professional expertise of managers and technicians at the application center:

- Number of personnel to be trained and upgraded for each phase (2012-2015, 2016-2020) and annually;

- Types of training and upgrading: short-term, long-term, centralized, non-centralized;

- Specialized fields to be trained and upgraded: professional knowledge and skills; enhancing management activity capabilities; enhancing the ability to absorb, master, develop, and disseminate transferred technology;

- Total training and upgrading budget for the periods 2012-2015, 2016-2020 and annually.

 

Seal Registration Certificate

GUIDELINES FOR DETERMINING THE NEED FOR INVESTMENT TO ENHANCE THE CAPACITY OF TECHNICAL TESTING AND CERTIFICATION CENTERS
(Issued together with Circular No. 22/2012/TT-BKHCN dated November 22, 2012 issued by the Minister of Science and Technology)

The Department of Science and Technology shall organize the evaluation and determination of the need for investment to enhance the capacity for measurement and quality testing of products and goods for technical testing and certification centers in provinces and centrally-administered cities as follows:

1. Physical infrastructure of the technical testing center

a) The office premises of the technical testing center regarding the level of meeting operational requirements (specify: construction grade, year of construction, total investment value, usable area, ability to meet job requirements and functions of the technical testing center...);

b) The system of workshops, testing laboratories, and measurement laboratories of the technical testing center;

2. Measurement

a) Determine the measurement fields requiring measurement services in the locality (specify the name of the measurement field, name of measuring instruments in each measurement field, measurement range and accuracy level of measurement standards, equipment for calibration, verification, and testing);

b) Determine the measurement fields that have been invested in and meet the needs in the locality (name of the measurement field, name of measuring instruments);

c) Determine the measurement fields that have been invested in but are insufficient to meet the needs in the locality (specify the name of the measurement field, name of measuring instruments in each measurement field, measurement range and accuracy level of measurement standards, equipment for calibration, verification, and testing);

d) Determine the measurement fields that have not yet been invested in (specify the name of the measurement field, name of measuring instruments in each measurement field, measurement range and accuracy level of measurement standards, equipment for calibration, verification, and testing);

đ) Determine the measurement fields that can be linked or cooperatively implemented at other calibration organizations (specify the name of the measurement field, name of measuring instruments in each measurement field, measurement range and accuracy level of measurement standards, equipment for calibration, verification, and testing).

3. Quality Testing of Products and Goods

a) Identify specifically the main products and goods of the locality until 2020; products and goods that have the potential to cause widespread safety issues within the area;

b) Evaluate the current testing capacity of the unit for the products and goods listed in Item 1 of the Appendix; clearly identify the products and goods that can be tested and evaluated using existing means of conformity assessment organizations that have been invested in other sectors within the area;

c) Determine the investment needs for testing capacity for the unit according to corresponding product and good groups (product and good name, corresponding technical standards and regulations, test index name, corresponding test method name, corresponding testing equipment...);

d) Clearly define the form of investment in testing capacity corresponding (new investment, upgrade investment) and the test indices and methods that can leverage the existing testing capacity of other conformity assessment organizations that have been invested in within the area;

đ) Other specific requirements of the locality.

4. The results of determining the measurement and quality testing needs for products and goods mentioned above serve as the basis for the investor to determine the project's investment objectives and contents under the Program./.