Circular No. 36/2025/TT-BKHCN stipulates the framework for procedures and processes to establish, review, issue, manage, implement scientific and technological programs and innovation, and specifies the procedures and processes for considering funding, ordering, signing contracts, implementing tasks, terminating implementation, liquidating contracts, and evaluating scientific and technological tasks and innovation.

CIRCULAR

REGULATING THE FRAMEWORK ON PROCEDURES AND FORMALITIES FOR DEVELOPING, REVIEWING, ISSUING, MANAGING, AND IMPLEMENTING SCIENCE AND TECHNOLOGY PROGRAMS AND INNOVATION PROGRAMS AND THE PROCEDURES AND FORMALITIES FOR CONSIDERING SUBSIDIES, ORDERING, SIGNING CONTRACTS, IMPLEMENTING, TERMINATING IMPLEMENTATION, SETTLING CONTRACTS, AND EVALUATING SCIENCE AND TECHNOLOGY TASKS AND INNOVATION TASKS

organization implementing the science, technology, and innovation program and

provisions on the procedures and formalities for reviewing funding applications, placing orders, signing contracts, organizing implementation, terminating implementation, liquidating contracts for assigned tasks, and evaluating scientific, technological, and innovation tasks

and terminating the implementation, liquidating contracts for assigned tasks, and evaluating scientific, technological, and innovation tasks

for scientific, technological, and innovation tasks

BASED ON THE LAW ON SCIENCE AND TECHNOLOGY AND INNOVATION NUMBER 93/2025/QH15;

Pursuant to Decree No. 55/2025/NĐ-CP dated March 2, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

BASED ON THE DECREE NO. 267/2025/NĐ-CP OF OCTOBER 14, 2025, OF THE GOVERNMENT PROVIDING DETAILED PROVISIONS AND GUIDANCE ON SOME ARTICLES OF THE LAW ON SCIENCE AND TECHNOLOGY AND INNOVATION REGARDING SCIENCE AND TECHNOLOGY PROGRAMS AND INNOVATION PROGRAMS AND SOME PROVISIONS TO PROMOTE SCIENTIFIC RESEARCH ACTIVITIES, TECHNOLOGICAL DEVELOPMENT, AND INNOVATION;

PURSUANT TO THE PROPOSAL OF THE HEAD OF THE DEPARTMENT OF SCIENCE AND TECHNOLOGY AND THE HEAD OF THE LEGAL DEPARTMENT;

THE MINISTER OF SCIENCE AND TECHNOLOGY ISSUES THIS CIRCULAR REGULATING THE FRAMEWORK ON PROCEDURES AND FORMALITIES FOR DEVELOPING, REVIEWING, ISSUING, MANAGING, AND IMPLEMENTING SCIENCE AND TECHNOLOGY PROGRAMS AND INNOVATION PROGRAMS AND THE PROCEDURES AND FORMALITIES FOR CONSIDERING SUBSIDIES, ORDERING, SIGNING CONTRACTS, IMPLEMENTING, TERMINATING IMPLEMENTATION, SETTLING CONTRACTS, AND EVALUATING SCIENCE AND TECHNOLOGY TASKS AND INNOVATION TASKS.

Article 1. Scope of Regulation

1. THIS CIRCULAR GUIDES SOME PROVISIONS AT CLAUSE 2, ARTICLE 57 OF THE DECREE NO. 267/2025/NĐ-CP OF OCTOBER 14, 2025, OF THE GOVERNMENT PROVIDING DETAILED PROVISIONS AND GUIDANCE ON SOME ARTICLES OF THE LAW ON SCIENCE AND TECHNOLOGY AND INNOVATION REGARDING SCIENCE AND TECHNOLOGY PROGRAMS AND INNOVATION PROGRAMS AND SOME PROVISIONS TO PROMOTE SCIENTIFIC RESEARCH ACTIVITIES, TECHNOLOGICAL DEVELOPMENT, AND INNOVATION (HEREINAFTER REFERRED TO AS DECREE NO. 267/2025/NĐ-CP), SPECIFICALLY:

a) REGULATING THE FRAMEWORK ON PROCEDURES AND FORMALITIES FOR DEVELOPING, REVIEWING, ISSUING, MANAGING, AND IMPLEMENTING SCIENCE AND TECHNOLOGY PROGRAMS AND INNOVATION PROGRAMS AS PROVIDED FOR IN ARTICLES 21, 22, 23, 26, 27, AND 28 OF DECREE NO. 267/2025/NĐ-CP;

b) REGULATING THE PROCEDURES AND FORMALITIES FOR CONSIDERING SUBSIDIES, ORDERING, SIGNING CONTRACTS, IMPLEMENTING, TERMINATING IMPLEMENTATION, SETTLING CONTRACTS, AND EVALUATING SCIENCE AND TECHNOLOGY TASKS AND INNOVATION TASKS USING STATE BUDGET FUNDS AS PROVIDED FOR IN CLAUSE 1, ARTICLE 4 OF DECREE NO. 267/2025/NĐ-CP.

2. THE PROCEDURES AND FORMALITIES FOR CONSIDERING SUBSIDIES, ORDERING, SIGNING CONTRACTS, IMPLEMENTING, TERMINATING IMPLEMENTATION, SETTLING CONTRACTS, AND EVALUATING INNOVATION TASKS AS PROVIDED FOR IN CLAUSE 2, ARTICLE 4 OF DECREE NO. 267/2025/NĐ-CP SHALL BE IMPLEMENTED IN ACCORDANCE WITH THE PROVISIONS OF THE DECREE NO. 268/2025/NĐ-CP OF OCTOBER 14, 2025, OF THE GOVERNMENT PROVIDING DETAILED PROVISIONS AND GUIDANCE ON SOME ARTICLES OF THE LAW ON SCIENCE AND TECHNOLOGY AND INNOVATION REGARDING INNOVATION; ENCOURAGING SCIENTIFIC AND TECHNOLOGICAL ACTIVITIES AND INNOVATION IN ENTERPRISES; RECOGNIZING INNOVATION CENTERS, SUPPORTING INNOVATIVE STARTUPS; RECOGNIZING INDIVIDUALS AND ENTERPRISES OF INNOVATIVE STARTUPS; INFRASTRUCTURE, NETWORKS, AND ECO-SYSTEMS OF INNOVATIVE STARTUPS.

Article 2. Applicability

THIS CIRCULAR APPLIES TO ORGANIZATIONS, ENTERPRISES, AND INDIVIDUALS ENGAGED IN SCIENCE AND TECHNOLOGY AND INNOVATION ACTIVITIES IN VIETNAM OR OUTSIDE VIETNAMESE TERRITORY BUT HAVE RIGHTS AND OBLIGATIONS UNDER VIETNAMESE LAW AND INTERNATIONAL TREATIES TO WHICH VIETNAM IS A PARTY.

Article 3. Procedures, formalities, and forms for drafting, reviewing, promulgating, managing, and implementing scientific and technological programs and innovation programs

1. Ministries, ministerial-level agencies, government agencies, and other central agencies (hereinafter referred to as proposing agencies) shall base on the provisions of Clause 1 and Clause 3, Article 21, Clause 1 and Clause 2, Article 26, and Clause 5, Article 28 of Decree No. 267/2025/NĐ-CP to draft national scientific and technological programs and innovation programs, special national scientific and technological programs and innovation programs, and national scientific and technological programs and innovation programs for strategic technology development, and submit them to the Ministry of Science and Technology for review.

2. The documents in the dossier for reviewing national scientific and technological programs and innovation programs, special national scientific and technological programs and innovation programs, and national scientific and technological programs and innovation programs for strategic technology development shall be implemented according to the model prescribed in the Appendix attached to this Circular, including:

a) Draft of the scientific and technological program and innovation program implemented according to Form BM-01;

b) Explanation of the scientific and technological program and innovation program implemented according to Form BM-02.

3. Reviewing and promulgating national scientific and technological programs and innovation programs.

a) Within 45 days from the date of receipt of a valid dossier as stipulated in Clause 2 of this Article, the Ministry of Science and Technology shall organize the review of the program according to the provisions of Point b, Clause 2, Article 21 of Decree No. 267/2025/NĐ-CP and send the review report according to Form BM-03 prescribed in the Appendix attached to this Circular to the proposing agency;

b) Within 15 days from the date of receipt of the review report, the proposing agency shall be responsible for perfecting the dossier and promulgating the program according to the provisions of Point c, Clause 2, Article 21 of Decree No. 267/2025/NĐ-CP.

4. Reviewing and approving special national scientific and technological programs and innovation programs; national scientific and technological programs and innovation programs for strategic technology development.

a) Within 60 days from the date of receipt of a valid dossier as stipulated in Clause 2 of this Article, the Ministry of Science and Technology shall organize the review of the program according to the provisions of Clause 4, Article 26 of Decree No. 267/2025/NĐ-CP and send the review report according to Form BM-03 prescribed in the Appendix attached to this Circular to the proposing agency;

b) Within 15 days from the date of receipt of the review report, the proposing agency shall be responsible for preparing a report explaining and incorporating the review comments, perfecting the review dossier of the program, and sending it to the Ministry of Science and Technology;

c) Within 15 days from the date of receipt of the explanation and incorporation of the review comments, the Ministry of Science and Technology shall take the lead, coordinate with the proposing agency and related agencies to submit the special national scientific and technological program and innovation program, and the national scientific and technological program and innovation program for strategic technology development for consideration and approval by the Prime Minister according to the provisions of Clause 5, Article 26 of Decree No. 267/2025/NĐ-CP.

5. Implementing national scientific and technological programs and innovation programs, special national scientific and technological programs and innovation programs, and national scientific and technological programs and innovation programs for strategic technology development.

After the program is approved, ministries, ministerial-level agencies, government agencies, and other central agencies assigned to manage the program shall implement the following tasks:

a) Implement the program;

b) Before December 15 each year, report to the Ministry of Science and Technology on the implementation status of the program according to Form BM-04 prescribed in the Appendix attached to this Circular.

6. Procedures and formalities for drafting, promulgating, managing, and implementing scientific and technological programs and innovation programs of ministries, ministerial-level agencies, government agencies, other central agencies, and provincial People's Committees.

a) Agencies and units of ministries, ministerial-level agencies, government agencies, other central agencies, and provincial People's Committees propose to draft programs, submit them to the ministries, ministerial-level agencies, government agencies, other central agencies, and provincial People's Committees under their management for examination and approval;

b) The proposal dossier for scientific and technological programs and innovation programs of ministries, ministerial-level agencies, government agencies, other central agencies, and provincial People's Committees includes: proposal document for the program; draft of the scientific and technological program and innovation program implemented according to Form BM-01 prescribed in the Appendix attached to this Circular; explanation of the scientific and technological program and innovation program implemented according to Form BM-02 prescribed in the Appendix attached to this Circular, and other documents (if any);

c) Within 60 days from the date of receipt of a valid proposal dossier, ministries, ministerial-level agencies, government agencies, other central agencies, and provincial People's Committees shall promulgate the program;

d) After the program is promulgated, ministries, ministerial-level agencies, government agencies, other central agencies, and provincial People's Committees shall organize the implementation of the program and report to the Ministry of Science and Technology on the implementation status of the program before December 15 each year according to Form BM-04 prescribed in the Appendix attached to this Circular.

Article 4. Procedures, formalities, and forms for building, examining, approving, and organizing the implementation of special scientific and technological tasks and innovation missions; strategic technology development scientific and technological tasks and innovation missions.

1. Ministries, ministerial-level agencies, government agencies, and other central agencies (hereinafter referred to as proposing agencies) shall establish special scientific and technological tasks and innovation missions; strategic technology development scientific and technological tasks and innovation missions based on the provisions of Clause 1 and 2, Article 26 and Clause 5, Article 28 of Decree No. 267/2025/NĐ-CP, and submit them to the Ministry of Science and Technology for examination.

2. The documents in the dossier for examining special scientific and technological tasks and innovation missions; strategic technology development scientific and technological tasks and innovation missions shall be carried out according to the forms prescribed in the Appendix attached to this Circular, including:

a) Draft of special scientific and technological tasks and innovation missions; draft of strategic technology development scientific and technological tasks and innovation missions implemented according to Form BM-05;

b) Explanation of special scientific and technological tasks and innovation missions; explanation of strategic technology development scientific and technological tasks and innovation missions implemented according to Form BM-06.

3. Examination and approval of special scientific and technological tasks and innovation missions; strategic technology development scientific and technological tasks and innovation missions:

a) Within 60 days from the date of receipt of a valid dossier as stipulated in Clause 2 of this Article, the Ministry of Science and Technology shall organize the examination of the tasks in accordance with Clause 4, Article 26 of Decree No. 267/2025/NĐ-CP and send the examination report according to Form BM-07 prescribed in the Appendix attached to this Circular to the proposing agency;

b) Within 15 days from the date of receipt of the examination report, the proposing agency shall be responsible for preparing a report explaining and adopting the examination opinions, perfecting the examination dossier of the task, and sending it to the Ministry of Science and Technology;

c) Within 15 days from the date of receipt of the explanatory report and adoption of the examination opinions, the Ministry of Science and Technology shall take the lead, coordinate with the proposing agency and relevant agencies to submit to the Prime Minister for consideration and approval of special scientific and technological tasks and innovation missions; national strategic technology development scientific and technological tasks and innovation missions in accordance with Clause 5, Article 26 of Decree No. 267/2025/NĐ-CP.

4. Implementation of special scientific and technological tasks and innovation missions; strategic technology development scientific and technological tasks and innovation missions

After the task is approved, ministries, ministerial-level agencies, government agencies, and other central agencies assigned to manage the task shall implement the following activities:

a) Implement the task;

b) Before December 15 each year, report to the Ministry of Science and Technology on the situation and results of implementing special scientific and technological tasks and innovation missions; strategic technology development scientific and technological tasks and innovation missions according to Form BM-08 prescribed in the Appendix attached to this Circular.

Article 5. Procedures for examining financial support, placing orders, and signing contracts to assign scientific and technological innovation tasks

1. Organizations and enterprises shall submit one set of registration files for examination of financial support and placement of tasks in accordance with the announcement of the financial support plan and task placement as stipulated in Article 10 of Decree No. 267/2025/NĐ-CP to the task management agency.

2. The registration file for examination of financial support and placement of scientific and technological innovation tasks shall be carried out in accordance with the provisions of Article 11 of Decree No. 267/2025/NĐ-CP.

Documents in the registration file shall be implemented according to the forms prescribed in the Appendix attached hereto, including:

a) The application form for leading the implementation of scientific and technological innovation tasks in accordance with Form BM-09;

b) The description of scientific and technological innovation tasks in accordance with Form BM-10;

c) The description of the chain of scientific and technological innovation tasks in accordance with Form BM-11;

d) The commitment document for cooperation/funding the implementation of scientific and technological innovation tasks in accordance with Form BM-12.

3. Examination of financial support, placement of orders, and review of task funding.

The task management agency shall conduct the examination of financial support, placement of orders, and review of task funding in accordance with the provisions of Article 12 of Decree No. 267/2025/NĐ-CP. Documents specified in point e, Clause 4 and point c, Clause 7 of Article 12 of Decree No. 267/2025/NĐ-CP shall be implemented according to the forms prescribed in the Appendix attached hereto, including:

a) The report explaining and incorporating comments from the Financial Support and Task Placement Review Board in accordance with Form BM-13;

b) The report explaining and incorporating comments from the Funding Review Team in accordance with Form BM-14;

c) The budget estimate for implementing scientific and technological innovation tasks in accordance with Form BM-15 (this form must be completed and submitted to the task management agency in accordance with point c, Clause 7 of Article 12 of Decree No. 267/2025/NĐ-CP).

4. Approval and signing of contracts to assign scientific and technological innovation tasks.

The task management agency shall approve and sign contracts to assign tasks in accordance with the provisions of Articles 13 and 15 of Decree No. 267/2025/NĐ-CP.

Documents specified in Clause 1 of Article 13 and Clause 4 of Article 15 of Decree No. 267/2025/NĐ-CP shall be implemented according to the forms prescribed in the Appendix attached hereto, including:

a) The detailed budget estimate for implementing scientific and technological innovation tasks in accordance with Form BM-16 (this form must be proactively approved by the leading organization in accordance with Clause 4 of Article 15 of Decree No. 267/2025/NĐ-CP);

b) The decision approving the task in accordance with Form BM-17;

c) The contract assigning the task in accordance with Form BM-18.

Article 6. Procedures for conducting evaluations, adjustments, termination of implementation, and liquidation of contracts to assign scientific and technological innovation tasks

1. Mid-term evaluation.

The task management agency and the leading organization shall conduct mid-term evaluations in accordance with Clauses 1, 2, 3, 4, and 5 of Article 16 of Decree No. 267/2025/NĐ-CP, specifically as follows:

a) The leading organization prepares a progress report on the implementation and financial usage of the task in accordance with Form BM-19 prescribed in the Appendix attached hereto, along with other supporting documents (if any), and submits them to the task management agency through the National Online Public Service Portal/Science, Technology, and Innovation Management Platform or directly or via postal service;

b) The task management agency reviews the establishment of an evaluation team or assigns a specialized unit to directly conduct the evaluation and prepare an evaluation record in accordance with Form BM-20 prescribed in the Appendix attached hereto;

c) Based on the results of the mid-term evaluation, the task management agency may consider providing additional funding, adjusting the contract, or requesting the leading organization to terminate the task in accordance with Clauses 5, 6, and 7 of Article 16 of Decree No. 267/2025/NĐ-CP.

2. Adjustment of contracts to assign tasks.

Adjustments to contracts to assign tasks shall be carried out in accordance with points a, b, c, and d of Clause 6 of Article 16 of Decree No. 267/2025/NĐ-CP, specifically as follows:

a) The leading organization sends a proposal for adjustment in accordance with Form BM-21 prescribed in the Appendix attached hereto, along with related documents (if any), to the task management agency;

b) Within fifteen days from receiving the proposal for adjustment, the task management agency organizes expert opinions or consultative boards or obtains written opinions from relevant parties (if necessary) and issues an adjustment decision in accordance with Form BM-22 prescribed in the Appendix attached hereto;

c) The approval decision for the adjustment content serves as the basis for continuing the task implementation according to the approved adjustment content.

3. Final evaluation and assessment of the effectiveness of task outputs.

The final evaluation and assessment of task outputs shall be conducted in accordance with Article 17 of Decree No. 267/2025/NĐ-CP, specifically as follows:

a) The leading organization prepares the evaluation file and submits it to the task management agency in accordance with Clauses 2 and 3 of Article 17 of Decree No. 267/2025/NĐ-CP;

b) The task management agency implements the evaluation procedures in accordance with Clause 4 of Article 17 of Decree No. 267/2025/NĐ-CP;

c) Experts and consulting organizations prepare the evaluation report in accordance with Form BM-23 prescribed in the Appendix attached hereto.

4. Termination of task implementation.

The termination of task implementation shall be carried out in accordance with Clause 7 of Article 16 and Clause 2 of Article 19 of Decree No. 267/2025/NĐ-CP;

a) In cases where the leading organization requests the termination of task implementation, the request for termination of task implementation shall be made in accordance with Form BM-24 prescribed in the Appendix attached hereto;

b) The decision to terminate task implementation shall be made in accordance with Form BM-25 prescribed in the Appendix attached hereto.

5. Liquidation of contracts to assign tasks.

The termination of the assignment contract shall be carried out in accordance with Clause 3, Article 19 of Decree No. 267/2025/NĐ-CP. The termination record of the assignment contract shall be prepared according to Model BM-26 stipulated in the Appendix attached hereto.

Article 7. Hierarchical Management of Scientific and Technological Activities and Innovation

1. In accordance with management requirements, ministries, ministerial-level agencies, and provincial People's Committees shall proactively delegate management authority for scientific and technological activities and innovation to subordinate agencies and organizations in accordance with the provisions of the Government Organization Law and the Law on Local Administration.

2. The Ministry of Science and Technology shall delegate management authority for scientific and technological activities and innovation to subordinate agencies and organizations of the Ministry of Science and Technology as follows:

a) The Office of the Ministry shall manage scientific and technological tasks and innovation within the Ministry’s internal scientific and technological tasks and programs.

b) The National Research and Development Fund shall manage scientific and technological tasks and innovation programs funded, commissioned, or ordered by the Ministry of Science and Technology for research purposes, except as provided in point a, Clause 2 of this Article.

c) The National Technology Innovation Fund shall manage scientific and technological tasks and innovation programs aimed at technology application, technology transfer, technology innovation, and innovation funded, commissioned, or ordered by the Ministry of Science and Technology, except as provided in point a, Clause 2 of this Article.

3. Monitoring and inspection of the implementation of delegated duties and authorities under Clause 2 of this Article shall be conducted as follows:

a) Units with advisory functions assisting the Minister of Science and Technology in state management of scientific research and technological development shall monitor and inspect the implementation of the provisions set forth in points a and b of Clause 2 of this Article, corresponding to their assigned functions and responsibilities.

b) Units with advisory functions assisting the Minister of Science and Technology in state management of innovation shall monitor and inspect the implementation of the provisions set forth in points a and c of Clause 2 of this Article, corresponding to their assigned functions and responsibilities.

Article 8. Effectiveness and Implementation

1. This Circular shall take effect from the date of issuance.

2. Where necessary, ministries, ministerial-level agencies, government agencies, central-level agencies, and provincial People's Committees may issue specific regulations on procedures and formalities for drafting, reviewing, issuing, managing, implementing scientific and technological programs and innovation, and procedures and formalities for funding, commissioning, signing contracts, implementing, terminating, and liquidating assignment contracts and evaluating scientific and technological tasks and innovation within their jurisdiction and in accordance with their authority based on Clause 3, Article 57 of Decree No. 267/2025/NĐ-CP and this Circular.

3. During the implementation process, if any difficulties arise, agencies, organizations, and individuals are requested to promptly report to the Ministry of Science and Technology for study and amendment.