Decision No. 24/2005/QD-BGD on the issuance of regulations on the management of Ministry-level scientific and technological research topics of the Ministry of Education and Training.

Pursuant to …;

Regarding the issuance of regulations on managing scientific and technological topics at the Ministry level of the Ministry of Education and Training

Pursuant to Decree No. 43/2000/NĐ-CP dated August 30, 2000 of the Government detailing and guiding the implementation of certain provisions of the Education Law;

MINISTER OF EDUCATION AND TRAINING

Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating functions, tasks, powers, and organizational structure of Ministries and Ministerial-Level Agencies;

WHEREAS, Decree No. 85/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 201/2004/NĐ-CP dated December 10, 2004 of the Government on issuing regulations on managing scientific and social and humanistic activities;

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;

Pursuant to Decision No. 16/2003/QĐ-BKHCN dated July 18, 2003 of the Minister of Science and Technology on the issuance of "Regulations on selecting organizations and individuals to head scientific and technological topics and experimental production projects at the national level";

Pursuant to Decision No. 13/2004/QĐ-BKHCN dated May 25, 2004 of the Minister of Science and Technology on the issuance of "Regulations on evaluating and accepting scientific and technological topics at the national level";

Pursuant to Decision No. 01/2005/QĐ-BKHCN dated February 28, 2005 of the Minister of Science and Technology on the issuance of "Regulations on evaluating and accepting social and humanistic scientific and technological topics at the national level";

At the proposal of the Director of the Department of Science and Technology,

Issued with this Decision are "Regulations on Managing Scientific and Technological Topics at the Ministry Level of the Ministry of Education and Training".

DECISION:

Article 1. This Decision shall take effect fifteen days from the date of publication in the Official Gazette. This Decision replaces Decision No. 06/2001/QĐ-BGD&ĐT dated March 21, 2001 of the Minister of Education and Training on the issuance of Regulations on Organizing and Implementing Scientific and Technological Topics at the Ministry Level.

Article 2. The Directors of the Office, the Heads of the Department of Science and Technology, the Heads of units under the Ministry of Education and Training, the Rectors of universities, the Principals of colleges, the Directors of research institutes, and the Directors of scientific research centers are responsible for implementing this Decision./.

Article 3. ON THE MANAGEMENT OF SCIENTIFIC AND TECHNOLOGICAL TOPICS AT THE MINISTRY LEVEL

 

 

REGULATIONS

OF THE MINISTRY OF EDUCATION AND TRAINING

(Issued together with Decision No. 24/2005/QĐ-BGD&ĐT

dated August 2, 2005 of the Minister of Education and Training)

1. This document stipulates the procedures for identifying, selecting, approving, and assigning scientific and technological topics at the ministry level of the Ministry of Education and Training (hereinafter referred to as scientific and technological topics at the ministry level), organizing their implementation, evaluation, acceptance, and recognition of results.

PART I

GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

2. These regulations apply to universities, colleges, research institutes, units under the Ministry of Education and Training, organizations, and individuals selected or assigned scientific and technological topics at the ministry level.

3. Thai Nguyen University, Hue University, and Da Nang University implement decentralized management of scientific and technological topics at the ministry level according to current regulations.

Scientific and technological topics at the ministry level

Article 2. 1. A scientific and technological topic at the ministry level is one of the scientific and technological tasks aimed at contributing to solving the following issues:

a) Improving the quality of education and training;

b) Serving economic and social development;

c) Cultivating and enhancing the professional expertise of lecturers, researchers, and educational managers;

d) Building and developing scientific and technological potential.

2. Scientific and technological topics at the ministry level include two types: key scientific and technological topics at the ministry level and scientific and technological topics at the ministry level.

a) Key scientific and technological topics at the ministry level:

Key scientific and technological topics at the ministry level aim to address urgent and prioritized scientific and technological tasks.

Key scientific and technological topics at the ministry level are approved and assigned by the Minister of Education and Training to organizations or individuals based on the advisory opinions of the selection council, or directly assigned and given priority funding.

b) Scientific and technological topics at the ministry level:

Scientific and technological topics at the ministry level are approved and assigned by the Minister of Education and Training to organizations or individuals based on the advisory opinions of the selection council.

Each scientific and technological topic at the ministry level is headed by a scientific staff member, with participating researchers and a secretary (if necessary), without co-heads or deputy heads.

3. The implementation period for scientific and technological topics at the ministry level does not exceed two years from the date of approval, with special cases potentially being extended up to three years.

4. Requirements for scientific and technological topics at the ministry level

Article 3. 1. They must have scientific value and produce innovative products.

2. They must have practical significance and solve scientific and technological issues to meet the requirements of education and training, science, and technology development.

3. They must be feasible, with research results capable of being applied in practice.

Criteria for the head of a scientific and technological topic at the ministry level

Article 4. 1. Criteria for the head of a ministry-level topic:

a) Must be a staff member with a bachelor's degree or higher, having relevant expertise and previous research results in the field of the topic or a closely related field;

b) Must have the ability to organize and implement the topic;

c) At the time of registration and selection, cannot be the head of another ministry-level topic or experimental production project of the Ministry of Education and Training;

d) For lecturers, teaching hours must not exceed the standard set by the head of the institution leading the topic.

Criteria for the head of a key scientific and technological topic at the ministry level: In addition to the criteria for the head of a ministry-level topic stipulated in Clause 1 of this Article, the head of a key ministry-level topic must also meet the following criteria:

2. a) Must be a staff member with a master's degree or higher;

b) Must have previously led a ministry-level or equivalent topic in the research field;

c) Must have published works in scientific journals within the research field.

c) Already has a project published in a scientific journal in the field of research.

Article 5. Tasks of the Head of the Ministry-level Scientific and Technological Topic

1. Draft the Explanation of the Ministry-level Scientific and Technological Topic (Model 1.2 Appendix I).

2. Sign a contract to implement the key Ministry-level Scientific and Technological Topic with the Ministry of Education and Training (Model 1.6 Appendix I) or the Ministry-level Scientific and Technological Topic with the topic's main organizing agency (Model 1.7 Appendix I).

3. Organize the implementation of research tasks according to the content and schedule stipulated in the Explanation of the Ministry-level Scientific and Technological Topic and the Implementation Contract for the Topic; comply with requirements for monitoring the implementation of the topic from the main organizing agency and the managing agency.

4. Ensure that the topic name and research content do not overlap with topics already implemented or currently being implemented, master's theses, doctoral dissertations that have been defended; ensure full citations along with their sources.

5. Report annually on the implementation of the topic (Model 1.8 Appendix I), final report, and summary report of the topic (Appendix II).

6. Settle accounts and finalize the budget of the topic in accordance with current financial regulations. Fixed assets purchased or provided in kind from the topic's budget shall be transferred to the main organizing agency for use and management after the topic concludes.

7. Directly report to the evaluation and acceptance council at the institutional and ministry levels about the results of the topic implementation.

Article 6Rights of the Head of the Ministry-level Scientific and Technological Topic

1. Propose to the head of the direct managing agency and the main organizing agency to create favorable conditions regarding time, equipment, laboratories, workshops, for implementing the topic. Time allocated for researching the topic is counted within the total quota of time for a lecturer or researcher.

2. Select members to participate in the research topic, sign contracts with these members and related agencies participating in the research content of the topic.

3. Request the main organizing agency to facilitate the use of approved funding for the topic.

4. Request the main organizing agency to evaluate and accept the topic after submitting the final report and summary report of the topic.

5. Proactively exploit and transfer technology; propose to management levels to create favorable conditions for applying research results.

6. The Head of the topic and those involved in implementing the topic enjoy authorship rights according to current regulations after registering research results with relevant authorities.

Article 7. Budget for Implementing the Ministry-level Scientific and Technological Topic

1. The budget for implementing the Ministry-level Scientific and Technological Topic includes:

a) State budget funds allocated from science and technology operating expenses;

b) Support from the operating income of science and technology of the main organizing agency;

c) Support from application organizations, international cooperation, and social and economic organizations;

d) Other lawful sources of income.

2. Encourage individuals, groups, and organizations to implement the topic using non-state budget funds. Topics mainly or entirely funded by non-state budget funds must be confirmed by the main organizing agency regarding the source of funds.

Article 8. Main Organizing Agency of the Ministry-level Scientific and Technological Topic

The main organizing agency of the Ministry-level Scientific and Technological Topic is a scientific and technological organization assigned by the Ministry of Education and Training to manage the process of determining, selecting, organizing implementation, evaluating, and accepting the Ministry-level Scientific and Technological Topic.

Chapter II

DETERMINATION, SELECTION, APPROVAL AND ASSIGNMENT

OF THE MINISTRY-LEVEL SCIENTIFIC AND TECHNOLOGICAL TOPIC

Article 9. Determination of the List of Ministry-level Scientific and Technological Topics

1. The Ministry of Education and Training establishes the list of Ministry-level Scientific and Technological Topics based on proposals from educational management agencies at all levels; individuals, groups, universities, colleges, research institutes, and centers; ministries, sectors, localities, and enterprises (Model 1.1 Appendix I).

2. The Ministry of Education and Training establishes an Advisory Council to determine the list of Ministry-level Scientific and Technological Topics.

3. The Ministry of Education and Training publicly announces the list of Ministry-level Scientific and Technological Topics determined by the Advisory Council through mass media for organizations and individuals to participate in the selection process.

Article 10. Selection of Organizations and Individuals to Lead the Ministry-level Scientific and Technological Topic

1. The Minister of Education and Training issues a decision to establish a Selection Council and implements the selection of organizations and individuals to lead the Ministry-level Scientific and Technological Topic.

2. The application dossier includes fifteen copies of the Explanation of the Ministry-level Scientific and Technological Topic for each topic (Model 1.2 Appendix I) and a letter requesting the topic leadership from the head of the registering agency. The dossier is sealed and sent to the Ministry of Education and Training within the specified deadline.

3. The selection period is from April to October each year.

4. The Ministry of Education and Training announces the selection results to the organizations and individuals leading the selected topics to complete the topic dossier.

Article 11. Content of Selection of Organizations and Individuals Leading the Ministry-level Scientific and Technological Topic

The Explanation of the Ministry-level Scientific and Technological Topic serves as the basis for selection according to the following criteria:

1. Demonstrating an overview of related research on the topic, the latest results in the field of the topic.

2. Clearly defining the objectives and the necessity of the topic.

3. Fully describing the research contents, research schedule, approach, research methods, highlighting the novelty and creativity of the topic.

4. Outlining expected research products, application addresses, technology transfer potential, and economic-social benefits.

5. The Head of the topic has experience and outstanding achievements in the research field of the topic, demonstrating organizational and managerial capabilities for the topic.

6. Participants (no more than five people for Ministry-level topics and eight people for key Ministry-level topics) have experience and achievements in the research field of the topic. Research students and undergraduate students are encouraged to participate in the research.

7. The main organizing agency has sufficient material and human resources to implement the topic.

8. The budget estimate must be consistent with the objectives, contents, research progress, and state budget items (including both state budget funds allocated and non-state budget funds supporting the project).

Article 12. The selection council chooses organizations and individuals to lead scientific and technological projects at the Ministry level.

1. The selection council is responsible for selecting organizations and individuals to lead projects through evaluating the Project Description of scientific and technological projects at the Ministry level in accordance with Article 11 of this regulation.

2. The selection council consists of 7 to 11 members, including a chairman, a secretary, two reviewers, and other members; one-third of the council members represent relevant state management agencies and organizations applying the research results; two-thirds of the council members are scientists working in related fields of science and technology. Council members are experts with credibility, objectivity, professional expertise, and deep understanding of the field of science and technology of the project. The project leader and those participating in the implementation of the project shall not participate in the selection council.

3. The selection council only convenes when at least two-thirds of its members are present, and there are written opinions from two reviewers, with at least one reviewer present. The chairman directly chairs the meeting. Written opinions from absent members are only for reference. All members are provided with meeting materials at least three days before the meeting. The selection council discusses each project, and each member evaluates the project by scoring according to the selection criteria specified in Article 11 of this regulation (Model 1.4 Appendix I). The Project Description of scientific and technological projects at the Ministry level is evaluated based on the average score of the council members, and the evaluation results are recorded in the minutes (Model 1.5 Appendix I).

Article 13. Approving and assigning scientific and technological projects at the Ministry level

1. The leading agency submits to the Ministry of Education and Training the list of selected scientific and technological projects at the Ministry level and five copies of the Project Description of each selected project.

2. The Minister of Education and Training approves the list of projects and the Project Description of scientific and technological projects at the Ministry level, and assigns them to the leading agencies for implementation in the first quarter of each year.

3. In addition to the selected projects, the Minister of Education and Training directly assigns special projects to organizations and individuals who meet the conditions for implementation.

4. The leading agency announces the list of approved scientific and technological projects at the Ministry level on the electronic information page of the leading agency.

Chapter III

IMPLEMENTATION AND MANAGEMENT OF SCIENTIFIC AND TECHNOLOGICAL PROJECTS AT THE MINISTRY LEVEL

Article 14. Contract for implementing scientific and technological projects at the Ministry level

1. For key projects at the Ministry level: The Ministry of Education and Training organizes the signing of a Contract for Implementing Key Scientific and Technological Projects at the Ministry level with the leading agency and the project leader (Model 1.6 Appendix I).

2. For projects at the Ministry level: The leading agency organizes the signing of a Contract for Implementing Scientific and Technological Projects at the Ministry level with the project leader (Model 1.7 Appendix I).

Article 15. Supplementing the Project Description of scientific and technological projects at the Ministry level

During the implementation of the project, if the project has not exceeded half of the time, and if it is necessary to adjust the content, time, participants in the research, or other changes, the project leader reports to the leading agency, which, after reviewing and approving, reports to the Ministry of Education and Training to approve the Supplemental Project Description Form for scientific and technological projects at the Ministry level (Model 1.3 Appendix I).

Article 16. Monitoring the Implementation of Scientific and Technological Projects at the Ministry Level

1. Monitoring the implementation of scientific and technological projects at the Ministry level is conducted regularly or unexpectedly.

2. The composition of the inspection team at the Ministry level is decided by the Minister of Education and Training.

3. The head of the leading agency is responsible for organizing regular monitoring of the implementation of the project.

4. The monitoring includes the progress, research content, products, and the use of funds compared to the Project Description of scientific and technological projects at the Ministry level and the annual Contract for Implementing Scientific and Technological Projects at the Ministry level.

5. The minutes of the monitoring of the implementation of scientific and technological projects at the Ministry level (Model 1.9 Appendix I) are kept by the leading agency and the Ministry of Education and Training.

6. Based on the minutes of the monitoring and the proposal of the leading agency, the Ministry of Education and Training reviews and provides comments on the implementation of the project. If necessary, the project leader or participants may be changed, the content or time of research adjusted to meet practical requirements, or the research terminated if deemed ineffective or if the participants cannot continue.

Chapter IV

EVALUATION AND RECOGNITION OF IMPLEMENTATION RESULTS

OF THE MINISTRY-LEVEL SCIENTIFIC AND TECHNOLOGICAL TOPIC

Article 17. Organizing the Evaluation and Acceptance of Research Results of Scientific and Technological Projects at the Ministry Level

1. Scientific and technological projects at the Ministry level must be evaluated and accepted at the basic level and the Ministry level upon completion.

a) The basic-level acceptance evaluation aims to examine the conditions for the Ministry-level acceptance evaluation.

b) The Ministry-level acceptance evaluation comprehensively assesses the implementation of the project against the approved Project Description and grades the project.

2. For scientific and technological projects at the Ministry level that exceed the deadline by 24 months as stated in the Project Description without undergoing basic-level acceptance evaluation, the state budget funds allocated to the project must be reimbursed according to current financial regulations.

Article 18. Organizing Basic-Level Acceptance Evaluation

1. After completing the research, the project leader submits to the Science and Technology Department of the leading agency a final report, a summary of the project, and related products and documents.

2. The head of the leading agency of the project issues a decision to establish the Evaluation Board and organize the acceptance evaluation at the basic level. The number of members of the board, the form of organization, and the meeting program of the Evaluation Board are decided by the head of the leading agency based on the proposal of the Science and Technology Department. The project leader and those participating in implementing the project shall not participate in the Basic Level Acceptance Evaluation Board.

3. The Basic Level Acceptance Evaluation Board bases its assessment on contents such as the quantity, type, volume of products of the project; research methods; key indicators or scientific requirements of the research results of the project; the completeness of reports and technical documents compared to the Project Description to conduct the basic acceptance evaluation (Model 1.12 and Model 1.13 Appendix I).

4. The leading agency of the project widely announces to allow interested parties to attend the meeting for the basic acceptance evaluation.

Article 19. Classification of Basic Level Acceptance Evaluation

The Basic Level Acceptance Evaluation Board classifies the project into two levels: "Pass" or "Fail".

1. A project is classified at the "Pass" level if it receives at least 2/3 of the votes from the present members of the Evaluation Board who evaluate it as "Pass".

2. A project is classified as "Fail" in the following cases:

a) There are fewer than 2/3 of the present members of the Evaluation Board who vote for "Pass";

b) It lacks scientific value, practical value, or has overlapping results;

c) Provided documents, materials, data are not truthful;

d)擅自修改目标、内容。

Article 20. Handling the Results of Basic Level Acceptance Evaluation

1. After organizing the basic level acceptance evaluation, in the case where the project is evaluated at the "Pass" level, the leading agency of the project submits to the Ministry of Education and Training the application file for the Ministry-level acceptance evaluation including:

a) Final report and summary report of the project (Appendix II);

b) Financial settlement report of the project;

c) Decision to establish and minutes of the Basic Level Acceptance Evaluation Board meeting;

d) Official letter of the leading agency proposing the Minister of Education and Training to issue a decision to establish the Ministry-level Acceptance Evaluation Board, including the list of members of the Ministry-level Acceptance Evaluation Board.

2. For projects evaluated at the "Fail" level, the state budget funds allocated for the project must be reimbursed according to current financial regulations.

Article 21. Content of Ministry-level Acceptance Evaluation

1. The extent to which the objectives, content, approach, and research methods registered in the Project Description for the Ministry-level Science and Technology meet the requirements.

2. The time and progress of the project implementation ensuring compliance with the deadlines set out in the Project Description for the Ministry-level Science and Technology.

3. Scientific value, novelty, creativity in the research project, and development potential.

4. Practical value after the completion of the research project regarding science and technology development, creation of new products, scope and degree of application, human resource training.

5. Research products, scientific information such as the quantity and quality of monographs, textbooks, articles, scientific information publications, samples, etc.

6. Economic and social benefits, scientific and technological information, training and enhancing scientific and technological capacity.

7. Quality of final reports and summary reports of the project in terms of content, format, structure, and presentation method.

8. Compliance with management and financial settlement regulations of the project.

Article 22. Ministry-level Acceptance Evaluation Board

1. The Ministry-level Acceptance Evaluation Board is established by the Minister of Education and Training issuing a decision. The Board consists of at least seven members, two-thirds of whom are scientists and technologists working in the field of the project; one-third of the members are representatives of state management agencies, production and business establishments, or related organizations. At least one-third of the members must be staff outside the leading agency.

For key projects at the Ministry level, there must be representatives of application and transfer institutions of research results participating in the Board.

2. The Board includes a chairman, secretary, two reviewers, and other members; among them, at least one reviewer must be from outside the leading agency.

3. Members of the Board must be reputable experts, impartial, have appropriate professional qualifications, and understand the research field of the project. Board members are responsible to the Minister of Education and Training for the results of the project acceptance evaluation.

4. The project leader and those participating in implementing the project shall not participate in the Ministry-level Acceptance Evaluation Board.

Article 23. Organization of Ministry-level Acceptance Evaluation

1. The Ministry-level Acceptance Evaluation Board must convene a meeting within forty-five days from the date of issuance of the decision to establish the Board.

2. The Board can only convene a meeting when at least two-thirds of the members are present, and there are comments from two reviewers, with at least one reviewer present.

3. The meeting program of the Board includes:

a) A representative of the leading agency reads the decision to establish the Board, introduces the composition of the Board, and the attending delegates.

b) The chairman of the Board chairs the session of the Board.

- The project leader reports on the implementation results of the project.

- Reviewers read their comments and raise questions.

- Board members and attendees express opinions and raise questions.

- The project leader answers questions.

- General discussion.

- The Board meets separately to evaluate, vote (Model 1.14 Appendix I) and reach a conclusion. The Board secretary records the Minutes (Model 1.15 Appendix I).

- The chairman of the Board announces the Minutes of the project acceptance evaluation.

4. The leading agency of the project widely announces and creates conditions for interested parties to attend the Board's meeting for the acceptance evaluation.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country.". Recognition of Project Implementation Results

1. Within twenty days from the date of the Ministry-level Acceptance Evaluation Board meeting, the leading agency of the project submits to the Ministry of Education and Training the following documents:

a) Final report of the project (if revised and supplemented according to the Board's comments);

b) Minutes of the Ministry-level Acceptance Evaluation Board meeting;

c) Comments from the two reviewers;

d) Confirmation letter from the institution that has settled the project funds;

đ) Official letter of the leading agency requesting the Ministry of Education and Training to recognize the results of the project that has been accepted.

2. After receiving all the documents specified in Clause 1 of this Article, based on the conclusion of the Acceptance Board and the proposal of the project's leading agency, the Ministry of Education and Training shall issue a decision to recognize the results of the ministry-level project.

In cases where necessary, the Ministry of Education and Training may seek opinions from experts to have additional grounds for recognizing the results of the project, ensuring objectivity and accuracy in accordance with the law.

3. After issuing the decision to recognize the results of the project, the project's leading agency shall publish the results of the project on its electronic information website (Model 1.10 and Model 1.11 in Appendix I).

Article 25. Operating expenses of the Advisory Board, Selection Board, and Acceptance Board

1. The operating expenses of the Advisory Board and Selection Board shall be funded from the annual state budget for scientific and technological activities.

2. The operating expenses of the Acceptance Boards shall be funded from the project implementation costs as stipulated in Article 7 of this Regulation.

3. The financial regulations currently in force shall govern the expenditure for the operations of the boards.

Chapter V

REWARD AND VIOLATION HANDLING

Article 26. Awards

1. Organizations and individuals who successfully complete projects that are applied in production and daily life, yielding significant economic and social benefits, shall be considered for awards by the Minister of Education and Training.

2. The funding for awards shall be implemented according to current regulations.

Article 27. Handling Violations

1. If the Project Leader fails to fulfill the assigned tasks as stated in the Scientific and Technological Project Description and Implementation Contract without valid reasons, they must reimburse the funds allocated from the state budget and will not be eligible to serve as the Project Leader for at least three years.

2. Organizations and individuals violating these provisions shall be subject to handling according to current regulations./.