Circular No. 31/2014/TT-BKHCN detailing certain provisions of Government Decree No. 78/2014/NĐ-CP dated July 30, 2014 on the Ho Chi Minh Prize, State Prize, and other prizes for science and technology.

CIRCULAR

Regulations on certain provisions of Decree No. 78/2014/ND-CP dated July 30

 2014 of the Government on Ho Chi Minh Award, State Award and other awards for science and technology

__________________

Pursuant to Decree No. 78/2014/ND-CP dated July 30, 2014 of the Government on the Ho Chi Minh Prize, State Prize, and other prizes for science and technology;

Pursuant to Decree No. 20/2013/NĐ-CP dated February 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

PURSUANT TO THE proposal of the Director of the Department of Competition and Rewards;

The Minister of Science and Technology issues this Circular to regulate certain provisions of Decree No. 78/2014/ND-CP dated July 30, 2014 of the Government on Ho Chi Minh Award, State Award and other awards for science and technology.

Article 1. Scope of Regulation and Applicability

1. This Circular regulates certain provisions of Decree No. 78/2014/ND-CP dated July 30, 2014 of the Government on Ho Chi Minh Award, State Award and other awards for science and technology (hereinafter referred to as Decree No. 78/2014/ND-CP):

a) Plan for organizing the presentation of Ho Chi Minh Award and State Award for science and technology (hereinafter referred to as Awards);

b) Establishment and meetings of the award presentation councils at all levels;

c) Forms applicable to the application dossier for the presentation of Awards;

d) Forms applicable to the award presentation councils at all levels;

e) Registration and management of the establishment and presentation of science and technology awards by organizations and individuals.

2. The scope of application is as stipulated in Article 2 of Decree No. 78/2014/ND-CP.

Article 2. Interpretation of Terms

1. The author of the work is the person directly creating the work. Those who are the owners of the work or only provide technical, material, financial support to the author of the work and participants in the work without directly participating in the creation of the work are not considered authors of the work.

2. The lawful representative of the author of the work is the legal representative or authorized representative as provided for in Articles 141 and 143 of the Civil Code.

Article 3. Plan for Organizing the Presentation of Awards

The Ministry of Science and Technology announces the presentation of Awards to ministries, ministerial-level agencies, government agencies, central state agencies, provincial People's Committees, and centrally governed city People's Committees in the year immediately preceding the year of the presentation of Awards and issues the plan for organizing the presentation of Awards in the first quarter of the year of the presentation of Awards.

The Minister, head of a ministerial-level agency, government agency, central state agency, or the Chairman of a provincial People's Committee or centrally governed city People's Committee shall base on Article 7 of Decree No. 78/2014/ND-CP to prepare the budget estimate (from state budget funds, other legitimate sources) for the operation of the presentation of Awards, and incorporate it into the science and technology plan of the ministry, sector, or locality.

Article 4. Establishment of Award Presentation Councils at All Levels

Based on Clause 1 of Article 17 of Decree No. 78/2014/ND-CP and the plan for organizing the presentation of Awards of the Ministry of Science and Technology:

1. The head of the agency or organization directly managing the author of the work, the Director of the Department of Science and Technology, or the head of a scientific and technological organization proposing the presentation of an award for a research work about Vietnam by a foreign author has the responsibility to select and send invitations to reputable scientists, technologists, managers, representatives of the application bases of the results of the work, and issue a decision to establish the award presentation council at the grassroots level.

2. The Minister, head of a ministerial-level agency, government agency, or central state agency, or the Chairman of a provincial People's Committee or centrally governed city People's Committee has the responsibility to select and send invitations to reputable scientists, technologists, managers, representatives of the application bases of the results of the work, and issue a decision to establish the award presentation council at the ministry, sector, or local level.

3. The Minister of Science and Technology has the responsibility to select and send invitations to reputable scientists, technologists, and managers to participate in the national-level award presentation council and submit to the Prime Minister for the establishment of the national-level award presentation council.

Based on the decision establishing the national-level award presentation council, the Minister of Science and Technology issues a decision to establish the national-level specialized award presentation council.

Article 5. Meetings of the Award Granting Council at various levels

The Award Granting Council at various levels operates according to the principles set forth in Clause 2, Article 17 of Decree No. 78/2014/ND-CP. The number of meetings of the Council depends on the quantity and scale of works proposed for award consideration. The meetings of the Council are as follows:

1. The first meeting of the Council shall be organized within fifteen days from the date of the decision establishing the Council. The contents include:

a) Announcing the decision to establish the Council;

b) Disseminating regulations related to the activities of the Council;

c) Receiving application files and related documents;

d) Agreeing on the working method and activity plan of the Council;

đ) Assigning tasks to Council members;

e) Assigning two Council members to provide counterarguments for each work.

2. Meetings for evaluating and granting awards

a) The Council's meetings shall only be organized when there are written comments and opinions from Council members sent to the Council at least one (01) working day before the meeting;

b) The Chairman of the Council shall chair the Council's meeting. In case the Chairman of the Council is absent, the Chairman of the Council shall authorize in writing the Vice-Chairman of the Council to chair the meeting;

c) Electing the Scientific Secretary and the Evaluation Voting Committee;

d) Counterargument members presenting their opinions and comments on the works;

đ) Council members discussing and examining the evaluation of the works;

e) Council members voting to evaluate the works;

g) Counting the votes for the evaluation of the works and approving the minutes of the vote count;

h) The Council discussing to agree on each conclusion content and approving the Council meeting minutes for award granting;

i) Recommending the head of the agency organizing the award granting to consider and resolve any issues arising during the Council's operation (if any);

k) Completing the file and implementing according to Clause 3, Article 18, Article 19, and Article 20 of Decree No. 78/2014/ND-CP.

3. The National Award Granting Council operates according to the provisions of Clause 3, Article 21 of Decree No. 78/2014/ND-CP. The procedures and formalities for the National Award Granting Council's operations are stipulated by the Minister of Science and Technology.

Article 6. Forms applicable to the award application file

1. The forms attached as the Appendix of this Circular apply to the award application file specified in Clause 1, Article 18 of Decree No. 78/2014/ND-CP submitted to the competent authority to establish the grassroots-level Award Granting Council, including:

a) Application registration form for award consideration (Form A-ĐK1);

b) Summary report: scientific research work (Form A-KH), technological development work (Form A-CN), technology application work (Form A-UD);

c) Documents related to publication (for published works);

d) Confirmation document on the application of the work by the managing agency or the competent authority assigning science and technology tasks to the organization or individual creating the work based on the confirmation of the applying organization (for works using state budget funds);

Document of the Provincial Department of Science and Technology where the applying organization is headquartered confirming the application of the work based on the confirmation of the applying organization (for works not using state budget funds).

Confirmation document on the application of the work (Form A-XN).

2. The award application document specified in Point a, Clause 1 of Articles 19, 20, and 21 of Decree No. 78/2014/ND-CP (Form A-CV, attached as the Appendix of this Circular).

Article 7. Handing over and receiving application files for award consideration

1. The agency establishing the Award Granting Council at the grassroots level shall prepare an Unsealing Record when receiving application files from the authors of works (Form B-MNP, Appendix issued together with this Circular).

2. The agencies establishing the Award Granting Councils at various levels shall prepare an Application File Transfer Record when receiving application files from the authors of works or when transferring application files as stipulated in Articles 18, 19, and 20 of Decree No. 78/2014/NĐ-CP (Form B-GN, Appendix issued together with this Circular).

3. The head of the agency establishing the Award Granting Councils at various levels shall designate a person to receive application files and a person responsible for unsealing the application files (for the agency establishing the Award Granting Council at the grassroots level).

Article 8. Forms applicable for meetings of the Award Granting Councils at various levels

Meetings of the Award Granting Councils at various levels shall apply the forms in the Appendix issued together with this Circular:

1. Evaluation Sheet: scientific research work (Form B-KH), technological development work (Form B-CN), technology application work (Form B-UD).

2. Assessment Sheet for works proposed for award consideration (Form B-ĐG).

3. Voting Record for assessment of works proposed for award consideration (Form B-KP).

4. Meeting Minutes of the Award Granting Council (Form B-HĐ).

5. Summary of award grant results (Form B-TH).

Article 9. Registration and management of science and technology awards established and presented by organizations and individuals

1. The application form for registration includes: Registration Form for Establishing and Presenting Science and Technology Awards (Form A-ĐK2, Appendix issued together with this Circular).

2. The Ministry of Science and Technology (Department of Mobilization and Reward) shall receive registration files for awards of organizations and individuals as stipulated in Article 30 of Decree No. 78/2014/NĐ-CP; Provincial Departments of Science and Technology under centrally governed cities shall receive registration files for awards of organizations and individuals as stipulated in Article 29 of Decree No. 78/2014/NĐ-CP.

3. The Ministry of Science and Technology and People's Committees of provinces and centrally governed cities shall be responsible for monitoring, inspecting, detecting, and handling violations related to the activities of awarding science and technology awards of organizations and individuals within their jurisdiction.

Article 10. Implementation Organization

This Circular takes effect from December 20, 2014.

Heads of relevant agencies and units are responsible for implementing this Circular. In the course of implementation, if there are difficulties, agencies, organizations, and individuals are requested to promptly report to the Ministry of Science and Technology for examination and resolution./.