Circular No. 37/2010/TT-BYT on the management of scientific research topics and pilot production projects at the Ministry of Health level

CIRCULAR

Provisions on the management of scientific research topics and pilot production projects at the Ministry of Health

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

Pursuant to Decree No. 188/2007/ND-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health, and Decree No. 22/2010/ND-CP dated March 9, 2010 of the Government amending and supplementing Article 3 of Decree No. 188/2007/ND-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

On the basis of applying the provisions set forth in:

Circular No. 12/2009/TT-BKHCN dated May 8, 2009 of the Ministry of Science and Technology guiding the evaluation and acceptance of science and technology research topics and pilot production projects at the state level;

Joint Circular No. 93/2006/TTLT-BTC-BKHCN dated October 4, 2006 of the Ministry of Finance and the Ministry of Science and Technology guiding the budget allocation system for science and technology research topics and projects funded by the state budget;

Joint Circular No. 44/2007/TTLT-BTC-BKHCN dated May 7, 2007 of the Ministry of Finance and the Ministry of Science and Technology guiding the construction and distribution of budget estimates for science and technology research topics and projects using the state budget;

Circular No. 07/2009/TT-BKHCN dated April 3, 2009 of the Ministry of Science and Technology guiding the evaluation and acceptance of national-level social science research topics;

Decision No. 24/2006/QD-BKHCN dated November 30, 2006 of the Ministry of Science and Technology promulgating regulations on determining science and technology tasks under key national science and technology programs for the period 2006-2010;

Decision No. 11/2007/QD-BKHCN dated June 4, 2007 of the Ministry of Science and Technology promulgating regulations on selecting and reviewing organizations and individuals to lead the implementation of national-level social science and humanities research topics;

Decision No. 10/2007/QD-BKHCN dated May 11, 2007 of the Ministry of Science and Technology promulgating regulations on selecting and reviewing organizations and individuals to lead the implementation of research topics and pilot production projects;

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the procedures for determining, selecting, reviewing, appraising, signing scientific and technological contracts, inspecting, supervising, accepting, recognizing, and terminating contracts for research topics and pilot production projects at the Ministry of Health.

2. Research topics and pilot production projects regulated in this Circular are within the approval authority of the Minister of Health.

3. For research topics at the Ministry of Health involving clinical drug trials and medical equipment trials, they must comply with current laws and regulations regarding clinical drug trials, clinical medical equipment trials, and the provisions of this Circular.

Article 2. Interpretation of Terms

1. A scientific research topic at the Ministry of Health (hereinafter referred to as the topic) is a scientific or technological issue that needs to be studied to understand its essence, principles, find solutions, and create techniques and technologies to serve the goal of protecting and caring for public health, which is determined, selected, and approved by the Ministry of Health based on advice from the Ministry's Science and Technology Council according to the provisions of this Circular.

2. A pilot production project at the Ministry of Health (hereinafter referred to as the pilot production project) is a technological issue that needs to be further developed to create new technology and specific products to meet market demands, satisfy industry requirements, and achieve economic and social benefits.

3. Consulting to determine research topics and pilot production projects (hereinafter referred to as consulting to determine) is the process of identifying the name, main objectives, and expected results of research topics and pilot production projects.

4. Selecting organizations and individuals to lead research topics (hereinafter referred to as selection) is the process of choosing organizations and individuals with the best capabilities and experience to undertake research topics through the review and assessment of registration files submitted according to the criteria and requirements specified in this Circular, applicable to research topics where multiple organizations and individuals have the ability to participate.

5. Reviewing organizations and individuals to lead research topics and pilot production projects (hereinafter referred to as review) is the process of examining and evaluating files prepared directly by organizations and individuals assigned by the Ministry of Health based on the criteria and requirements stipulated in this Circular, applicable to pilot production projects and research topics classified as state secrets, research topics aimed at addressing urgent issues in the healthcare sector or critical issues related to national security, economy, culture, and society affecting health, and research topics whose content can only be undertaken by one scientific and technological organization or individual with the necessary expertise and equipment.

6. Scientific research and technological development contract (hereinafter referred to as the contract) is a document signed between the funding agency and the leading organization or individual of the research topic or pilot production project to ensure the implementation of the approved research outline.

7. Acceptance of research topics and pilot production projects (hereinafter referred to as acceptance) is the process of evaluating the results of research topics and pilot production projects against the approved research outline and signed contract.

Chapter II

DETERMINATION OF RESEARCH TOPICS AND PILOT PRODUCTION PROJECTS

Article 3. Principles for Determining Research Topics and Pilot Production Projects

1. Research topics and pilot production projects shall be determined based on:

a) National Strategies, Target Programs, Action Plans, and Development Plans of the Health Sector;

b) Proposals from scientific research activities, production, services, and management of organizations and individuals; from collaborative programs between the Ministry of Health and other ministries or sectors; or from international cooperation activities in the field of health science and technology.

c) Priority shall be given to research topics and pilot production projects that address issues with significant economic and social value or enhance the level of science and technology in the health sector.

2. The Minister of Health shall determine research topics and pilot production projects for the health sector based on advice provided by the Science and Technology Advisory Council to the Minister of Health through the Minutes of the Council meeting as stipulated in Article 9 of this Circular. In cases of necessity, the Minister of Health may directly determine research topics and pilot production projects.

Article 4. Authority to Determine Research Topics and Pilot Production Projects

The Minister of Health decides to issue the list of research topics and pilot production projects at the Ministry of Health level.

Article 5. Requirements for Research Topics

1. Practical Value: Meeting the practical development requirements of the health sector or related cultural and social fields affecting health.

2. Scientific Value:

a) Addressing new scientific and technological issues at the advanced regional or global level;

b) Summarizing natural and socio-cultural laws relevant to health;

c) Contributing to enhancing the scientific and technological capacity of the health sector.

3. Feasibility: Ensuring sufficient resources to address the research issues.

Article 6. Requirements for Pilot Production Projects

1. Regarding Technology:

a) Being novel and advanced compared to existing technology in Vietnam or having the potential to replace imported technology from abroad;

b) Having the effect of raising the technological level of the production sector when widely applied.

2. Feasibility and Economic-Social Effectiveness:

a) Having a market for product consumption (clearly explaining the market consumption capability, transfer methods, and commercialization of project products);

b) Possessing the ability to mobilize human resources, finance, and infrastructure from various sources to implement the project;

c) Project products have the potential to create new products or industries, increasing employment and income for the community.

3. The technology used must ensure legality and originate from one of the following sources:

a) Results of research topics evaluated, accepted, and recommended for application by State-level, Ministry-level, equivalent Ministry-level, or grassroots Science and Technology Councils;

b) Inventions, useful solutions, and scientific products awarded science and technology prizes both domestically and internationally;

c) Scientific and technological results from abroad recognized by competent state authorities.

Article 7. The Science and Technology Advisory Council for Determining Research Topics and Pilot Production Projects

1. The Science and Technology Advisory Council for Determining Research Topics and Pilot Production Projects (hereinafter referred to as the Determination Council) is an organization established to advise the Minister of Health on determining research topics and pilot production projects for selection and review.

2. The Minister of Health decides to establish the Determination Council, defines its functions, tasks, powers, and operations.

3. The Council consists of 7 to 11 members, including the Chairman, Vice-Chairman, two opposing members, and other members. The structure of the Council includes:

a) Half are experts with appropriate qualifications and at least three years of experience in the assigned scientific field;

b) Half are representatives of state management agencies, production and business organizations, and other related organizations.

Article 8. Working Method of the Determination Council

1. The session of the Council must have at least 2/3 of the members of the Council present, including the Chairman or Vice-Chairman; written opinions of absent members only have reference value.

2. The Chairman of the Council (or the Vice-Chairman substitutes in case the Chairman is absent) presides over the Council's sessions; the Council operates on the principle of democracy and objectivity; bears individual responsibility for the objectivity and accuracy of independent advisory opinions and collective responsibility for the Council's final conclusions.

Article 9. Procedure, Content, and Results of the Work of the Determination Council

The Determination Council fulfills the advisory task of determining research and technology application topics and projects at the Ministry of Health level through two sessions:

1. Session to determine the list of research and technology application topics and projects

a) The Council discusses and analyzes each research and technology application topic and project in the preliminary list (Annex 1 Table A4 DMSB issued together with this Circular) according to the principles and criteria set forth in Articles 3, 5, and 6 of this Circular.

b) Members of the Council evaluate each research and technology application topic and project according to the provisions in Annex 1 Table A5 PĐG issued together with this Circular.

c) The Council elects a Voting Committee consisting of 03 members, including 1 Chairperson. The voting results are compiled according to the provisions in Annex 1 Table A6 BBKPĐT for topics and Annex 1 Table A7 BBKPDASXTN for research and technology application projects issued together with this Circular.

d) Based on the Voting Committee's work results, the Council determines the list of research and technology application topics and projects in priority order. Research and technology application topics and projects proposed by the Council to be included in the list must receive at least 2/3 of the Council members' votes "to implement" at the meeting and the number of these members must ensure not less than half of the total number of Council members. Priority order for research and technology application topics and projects is arranged based on the number of "implement" votes. In cases where research and technology application topics and projects have the same number of votes, the Council unifies according to the direct voting principle to arrange the priority order.

đ) The Council assigns 02 members with deep expertise in the field to act as reviewers for each research and technology application topic and project in the list. In necessary cases, the Council recommends the Ministry of Health to invite reviewers who are not Council members. Reviewers are responsible for perfecting each research and technology application topic and project according to the model specified in Annex 1 Table A8 PPBĐT for topics and Annex 1 Table A9 PPBDASXTN for research and technology application projects issued together with this Circular to be presented for discussion in the second session.

2. Session to finalize the list of research and technology application topics and projects

a) The assigned reviewers present their opinions on the research and technology application topics and projects according to the provisions in point đ, clause 1 of this Article.

b) The Council discusses, provides comments, and votes to approve the Council's conclusion for each research and technology application topic and project according to the majority principle.

c) The Scientific Secretary prepares the Minutes of the Council's work and the list of research and technology application topics and projects approved by the Council according to Annex 1 Table A11 DM ĐT,DASXTN issued together with this Circular.

d) The Council proposes the implementation method (selection or examination).

3. The list of research and technology application topics and projects is completed before July 30 of the year prior to the planning year.

4. Based on the results of the Determination Council's work, the Department of Science and Training compiles and perfects the list of research and technology application topics and projects at the Ministry level, submitting it for review and approval by the Ministry leadership.

Chapter III

SELECTION AND EXAMINATION OF ORGANIZATIONS AND INDIVIDUALS TO MANAGE TOPICS AND PROJECTS FOR TECHNOLOGY APPLICATION TRIAL PRODUCTION

Article 10. Principles for Selecting and Evaluating Organizations and Individuals to Lead Research and Technology Development Projects

1. The selection process shall be conducted objectively, transparently, and equally among participating entities. The Ministry of Health will announce the list of research and technology development projects annually through official letters and on mass media (Health and Life Newspaper, the Ministry of Health's electronic portal, or other communication channels) two months before the selection date to allow all organizations and individuals meeting the conditions stipulated in Article 11 of this Circular to register for participation.

2. The evaluation process will be notified in writing to the organizations intended to directly lead the research projects.

3. The selection and evaluation processes will be carried out through a Scientific and Technological Advisory Committee for Selection and Evaluation established by the Minister of Health.

4. The assessment of registration application files for selection and evaluation will be conducted by scoring according to specific criteria for each research and technology development project.

5. Each research project put forward for selection in accordance with Article 12 of this Circular may have only one application file recommended for successful selection.

Article 11. Conditions for Participation in Selection and Evaluation

1. The leading organization of research and technology development projects must have legal personality, appropriate functions corresponding to the field of science and technology of the project, and sufficient human resources, equipment, and necessary facilities to effectively implement the project.

2. The leading individual of research and technology development projects must hold at least a bachelor’s degree and have at least three years of experience working in the same field of science and technology as the project. Each individual may concurrently lead a maximum of two research and technology development projects at the ministry level or higher.

3. An individual shall not participate in leading research and technology development projects under the following circumstances:

a) Being the principal investigator of a research and technology development project that has been evaluated and accepted at the ministry level or higher and rated as "unsatisfactory" without permission from the competent state management agency to extend the implementation period to complete the results; or a ministry-level project transferred to be completed at the grassroots level within two years from the date of the Ministry of Health's approval document; or a project suspended during implementation due to violations within two years, starting from the date of the conclusion of the ministry-level acceptance committee or the decision of the competent state management agency to suspend the project.

b) Violating current regulations on evaluating and accepting ministry-level research and technology development projects by submitting the final acceptance report late by six months or more without the Ministry of Health's approval, such individuals will not be eligible to participate in selection and evaluation for the corresponding time periods as follows:

- One year, calculated from the actual submission date if the delay is between six to less than twenty-four months;

- Two years, calculated from the actual submission date if the delay is twenty-four months or more.

Article 12. Application Files for Participation in Selection and Evaluation

1. The application file for participation in selection and evaluation includes the following documents and materials:

a) Application form for leading the implementation of research and technology development projects (in accordance with Appendix 2 Form B1 Registration Form issued together with this Circular);

b) Detailed description of the research and technology development project (in accordance with Appendix 2 Form B2 Detailed Description for research projects and Appendix 2 Form B3 Detailed Description for technology development projects issued together with this Circular);

c) Summary of scientific and technological activities of the registering organization for implementing the research and technology development project (in accordance with Appendix 2 Form B4 Summary of Activities issued together with this Circular);

d) Scientific curriculum vitae of the individual applying to lead the research and technology development project, confirmed by their workplace (in accordance with Appendix 2 Form B5 Scientific CV issued together with this Circular);

đ) Confirmation letter from the organization or individual applying to cooperate in implementing the research and technology development project (in accordance with Appendix 2 Form B6 Cooperation Confirmation Letter issued together with this Circular);

e) Proof of financial capability to mobilize funds from other sources (for technology development projects), committing and explaining the ability to mobilize funds from sources outside the budget for scientific research amounting to at least seventy percent of the total estimated investment cost required for implementation.

g) Information on voluntary participation forms of research subjects, descriptions of rights and obligations of participants, and personal commitments to adhere to ethical guidelines in biomedical research (for projects involving direct human research).

h) Each individual or organization can only participate as a collaborator, principal investigator, or main cooperating entity for one bidding application for a specific project. Applications violating these requirements will be disqualified.

2. Submission of selection and evaluation application files: the original and twelve copies of the application file must be sealed and clearly marked on the outside with:

a) The name of the research or technology development project being applied for (clearly stating the name of the project and the program name and code);

b) The name and address of the organization applying to lead the project and the cooperating organizations (only listing organizations confirmed to participate in cooperation);

c) The name of the individual applying to be the principal investigator of the project and the list of key personnel involved in the project;

d) A list of documents and materials included in the application file.

3. Place to submit application files: Department of Science and Training, Ministry of Health.

4. Deadline for submission and supplementary submission of application files for selection and evaluation:

a) Application files must be submitted on time as announced by the Ministry of Health. The submission date is the date stamped by the Post Office (if sent via post) or the date stamp of the Ministry of Health's or the Department of Science and Training's office (if submitted directly). In cases where the application file sent by post is torn or damaged, the recipient must prepare a record confirming the condition of the file. The record must be confirmed by the postal service employee delivering the file.

b) Prior to the expiration of the submission deadline, organizations and individuals who have registered to participate in the selection and review process have the right to withdraw their application and submit a new one, supplement, or amend the submitted application. Any supplements or amendments must be submitted within the prescribed time limit and become part of the application.

Article 13. Scientific and technological advisory board for selecting and reviewing research topics and projects

1. The Minister of Health shall establish, define the functions, tasks, powers, and activities of the Selection and Review Board (hereinafter referred to as the Selection and Review Board).

2. The mode of operation of the Selection and Review Board shall be carried out through meetings.

3. The Board shall consist of 7 to 11 members, including the Chairman, Vice-Chairman, two opposing committee members, and other Board members, among which:

a) Two-thirds are experts with appropriate qualifications and expertise and at least three years of recent experience in the relevant scientific field they are advising on.

b) One-third are representatives from state management agencies, production and business organizations benefiting from the research results of the topic, and other related organizations.

c) Experts, particularly opposing committee members who have participated in the Board may be invited to join the main Selection and Review Board for corresponding topics.

d) The Board shall have a scientific secretary and administrative secretaries to assist.

đ) Individuals shall not participate in the Board in the following cases:

- Individuals who have registered to lead and participate in implementing the research topic or project.

- Individuals belonging to organizations that have registered to lead the topic. In necessary cases, Board members can be staff currently working at the organization leading the topic but not more than two people and cannot serve as Chairman, Vice-Chairman, or opposing committee member.

4. Principles of operation of the Selection and Review Board.

a) Board members shall conduct evaluations honestly, objectively, and fairly; bear individual responsibility for their evaluation results, collective responsibility for the Board's final conclusion, and have the duty to keep confidential information related to the evaluation process.

b) Opposing committee members shall be responsible for opposing each content and information declared in the application for selection and review.

When necessary, the Board may recommend the Ministry of Health to invite external experts with deep knowledge in the research field of the topic or project to perform opposition duties. These experts shall not participate in voting to evaluate the topics or projects.

c) Board members shall be responsible for researching and analyzing each content and information declared in the application; writing comments, evaluations, and scoring according to the criteria specified in the forms (Annex 2 Form B8 PNXTMĐT for topics, Annex 2 Form B9 PNXTMDA for projects, issued together with this Circular) and submitting them to the administrative secretary before the Board meeting.

d) A valid session of the Board must have at least two-thirds of its members present, including the Chairman or Vice-Chairman and all opposing committee members.

đ) The Chairman (or Vice-Chairman when the Chairman is absent) shall preside over Board sessions.

e) The scientific secretary shall be responsible for recording the professional opinions of the members and the conclusions of the Board in the minutes and related documents of the Board.

g) Board members shall independently score according to the evaluation criteria groups and the prescribed point scale. Before scoring, the Board shall discuss generally to unify viewpoints and scoring methods.

Article 14. Selection and Evaluation Organization

1. The meeting to unify the working method and open the selection files.

a) The administrative secretary reads the decision on establishing the Council, introduces the members of the Council and the representatives attending. The representative of the Science and Training Department presents the requirements and main contents regarding the selection and evaluation of the leading research topics and projects as stipulated in this Circular.

b) The Council discusses and exchanges to thoroughly understand the principles, procedures, and criteria for assessment, and the scoring scale for the files as specified in this Circular.

c) Opening the files: The Council and the Science and Training Department are responsible for opening the files and assessing their validity. In necessary cases, the Science and Training Department may invite representatives from the leading agencies to attend. A valid file is one that is prepared according to the prescribed forms and meets the requirements for selection and evaluation files. For invalid files, the Council is responsible for immediately announcing that they will not be scored. In cases where only one file participates in the selection, the Council still evaluates it according to the provisions of this Circular.

d) Valid files are put under consideration and assessment.

đ) The process of opening the files is recorded in the Minutes (according to Appendix 2 Form B7 BMHS issued together with this Circular).

e) The administrative secretary reads the Minutes of the file opening registration for selection, announces the number and list of files meeting the conditions and being selected for evaluation by the Council.

2. The meeting to assess the files participating in the selection and evaluation.

a) The reviewing experts evaluate and analyze the files; provide general assessments on the strengths and weaknesses of each file and compare between the registered files for the same (one) topic.

b) The Council asks questions to the reviewing experts regarding the evaluation criteria related to the selection and evaluation files.

c) The scientific secretary reads the written comments of absent members (if any) for the Council to study and refer to.

d) The Council exchanges and discusses the assessment and comparison between the selection files for the same (one) topic.

đ) The Council members independently score according to the criteria and scoring scales specified in the corresponding forms: Appendix 2 Form B10 DTMDDT for topics and Appendix 2 Form B11 DTMDDA for S&T projects issued together with this Circular.

e) The Council elects the Ballot Counting Board and votes: The Ballot Counting Board consists of three Council members (including one Chairperson). A valid ballot is one that is completed according to the instructions on the ballot; the Ballot Counting Board compiles and reports the ballot counting results to the Council according to Appendix 2 Form B12 BKPCDTMDT for topics or Appendix 2 Form B13 BKPCDTMDA for S&T projects issued together with this Circular.

g) The topic file is recommended for review and approval if the average total score of the criteria reaches 80/100 points or more (for topics requiring moral aspects to be considered) or 60/80 points (for topics not requiring moral aspects to be considered), in which the average score of each criterion must not be less than 3 points and must be rated at least 3 points by at least two-thirds of the present Council members.

h) The S&T project file is recommended for review and approval if the average total score of the criteria must reach 65/100 points or more, in which the average score of each criterion must not be less than 3 points and must be rated at least 3 points by at least two-thirds of the present Council members.

i) For files with equal total scores, the higher score given by the Council Chairperson is prioritized for ranking.

k) In case the scores given by the Council Chairperson for the files are also the same, the Council ranks them equally and recommends the selection plan.

l) The Council approves the Minutes according to the model at Appendix 2 Form B15 BHDTC issued together with this Circular on the Council's work results, recommending organizations and individuals who have won the bid to lead the research topics and S&T projects.

m) Organizations and individuals recommended by the Council as winners are those whose files are ranked highest among the files recommended for review and approval according to the assessment criteria at Appendix 2 Form B14 THDGDTTC issued together with this Circular.

n) The Council discusses to agree on recommendations for necessary amendments and supplements to the Topic Description or S&T Project Proposal recommended for review and approval.

Article 15. Procedure for Approval of Selection and Examination Results

1. Organizations and individuals proposed by the Council to be the main implementers of research and technology development projects shall be responsible for amending and supplementing the dossier according to the conclusions of the selection and examination council.

2. The Department of Science and Training shall take the lead in coordinating with the Department of Planning and Finance to review the completion of the project proposal explanation for research and technology development projects based on the following contents:

a) Scientific content: in accordance with the recommendations recorded in the minutes of the meeting of the selection and examination council.

b) Financial content: apply Circular No. 44/2007/TTLT/BTC-BKHCN dated May 7, 2007 issued by the Ministry of Finance and the Ministry of Science and Technology guiding the standard for construction and allocation of budget for science and technology projects funded by state budget, Circular No. 93/2006/TTLT/BTC-BKHCN dated October 4, 2006 issued by the Ministry of Finance and the Ministry of Science and Technology guiding the financial quota system for science and technology projects funded by state budget, and Circular No. 85/2004/TTLT/BTC-BKHCN dated August 20, 2004 issued by the Ministry of Finance and the Ministry of Science and Technology guiding the financial management of science and technology projects supported by the state budget and having revenue from project funds.

3. The Minister of Health shall approve organizations and individuals who are the main implementers of research and technology development projects based on the advice of the Department of Science and Training.

4. The Ministry of Health shall sign contracts with the main implementing units according to Appendix 2 Form B16 Contract for projects and Appendix 2 Form B17 Project Contract attached to this Circular.

Chapter IV

INSPECTION AND SUPERVISION

Article 16. Inspection and Supervision Authority

1. The managing agency of the project shall be responsible for periodic inspection and supervision according to the plan or ad hoc inspection and supervision in specific cases.

2. The person assigned to supervise shall not be a member of the research group, shall comply with regulations on research data confidentiality, and shall be accountable to the head of the managing agency for their work.

3. In necessary cases, the acceptance councils at various levels may invite experts to evaluate results, check data, and test products of research and technology development projects.

Article 17. Handling of Inspection and Supervision Results

1. Supervision results must be reported through supervision and inspection minutes to the competent authority.

2. The managing agency and the main implementing unit shall be responsible for guiding the project leaders to implement scientific and technological management documents and handling violations during the supervision and inspection process. The handling results must be reported to the supervising agency.

3. Based on the practical inspection and supervision minutes, the managing agency of research and technology development projects may guide adjustments to the contract content or termination of the contract according to current regulations when necessary.

Chapter V

ACCEPTANCE OF RESEARCH AND TECHNOLOGY DEVELOPMENT PROJECTS

Article 18. Acceptance Dossier for Research and Technology Development Projects

1. Within thirty days after the basic-level acceptance, the main implementing organization of the research and technology development project shall complete the dossier and submit twelve sets of dossiers to the Department of Science and Training - Ministry of Health, including one original copy (according to Appendix 3 Form C1 Report on Statistics of Project Implementation Results and Appendix 3 Form C2 Guide for Comprehensive Reporting of Research and Technology Development Projects attached to this Circular). The dossier includes:

a) Decision on the establishment of the basic-level acceptance council.

b) Minutes of the basic-level acceptance council meeting.

c) Request letter from the unit requesting acceptance at the ministry level.

d) Report explaining the contents that have been supplemented and completed according to the conclusions of the basic-level acceptance council, confirmed by the head of the main implementing organization and the chairman of the basic-level acceptance council.

đ) The main implementing organization of research and technology development projects at the Ministry of Health shall apply Articles 19 and 20 of this Circular to organize basic-level acceptance.

Article 19. Criteria for evaluating and classifying scientific and technological research topics and projects.

1. The criteria for evaluating and classifying scientific and technological research topics shall be implemented according to Appendix 3 Table C5 Evaluation Form for Research Topics issued together with this Circular.

2. The criteria for evaluating and classifying scientific and technological research projects shall be implemented according to Appendix 3 Table C6 Evaluation Form for Research Projects issued together with this Circular.

3. For scientific and technological research topics and projects that submit the final acceptance dossier to the Ministry later than three months from the contract completion date without the approval of the management agency, the highest evaluation classification will be "good".

Article 20. Scientific and Technological Acceptance Council for Research Topics and Projects

1. The Minister of Health decides on the establishment, functions, tasks, and activities of the Scientific and Technological Acceptance Council for Research Topics and Projects (hereinafter referred to as the Acceptance Council).

2. The Acceptance Council has the responsibility to conduct acceptance evaluations according to the objectives, requirements, contents, products, and progress stipulated in the approved outline and signed contracts, and is accountable to the Minister of Health for the acceptance evaluation results of Ministry-level scientific and technological research topics and projects.

3. The Council consists of 7 to 11 members, including the Chairperson, Deputy Chairperson, two opposing members, and other council members, among which:

a) Two-thirds are experts with appropriate qualifications and expertise and at least three years of relevant experience close to the time of joining the council in the assigned scientific field.

b) One-third are representatives from state management agencies, production and business organizations benefiting from the research results of the topic, and other related organizations.

c) The Board shall have a scientific secretary and administrative secretaries to assist.

d) Members of the provincial-level acceptance council may participate in the Ministry-level acceptance council but not more than 30% of the total number of council members, where the chairperson and opposing members of the provincial-level acceptance council cannot serve as the chairperson, deputy chairperson, or opposing member of the Ministry-level acceptance council.

đ) The principal investigator and individuals directly involved in implementing the topic or project shall not be members of the acceptance council for that topic or project.

e) The leading organization of the topic may participate in the council if necessary, but not more than two members, and they shall not serve as the chairperson, deputy chairperson, or opposing member.

4. For some key scientific and technological research topics and projects, the Department of Science and Training (or the Chairperson of the Council) may propose the establishment of a verification team to review the research data, scientific content, and financial aspects of the topic. The verification report is submitted to the Chairperson of the Council before the acceptance meeting. The verification team consists of 3 to 5 members, including council members and external experts (if necessary), led by a council member.

5. Organization of acceptance for Ministry-level scientific and technological research topics and projects.

a) Based on the acceptance dossier and the Verification Report (if available), the Chairperson of the Council decides to convene the acceptance meeting, completing the acceptance process no later than thirty days after the Minister's Decision.

b) The main participants in the Ministry-level acceptance council meeting include the acceptance council, representatives of the managing agency, the leading organization, the principal investigator of the scientific and technological research topic or project, and the research group.

c) A valid council meeting must have at least two-thirds of the members present, including the Chairperson or Deputy Chairperson, and must have all opposing members.

d) Content of the acceptance meeting:

The Chairperson (or Deputy Chairperson in the absence of the Chairperson) chairs the meeting following the sequence below:

- The administrative secretary reads the decision establishing the Council, introduces the Council members and attendees. The representative of the Department of Science and Training presents the requirements and main contents regarding the acceptance of the scientific and technological research topic or project as stipulated in this Circular.

- The Council discusses and exchanges views to understand the principles, procedures, and evaluation criteria, and scoring scales for acceptance as specified in Article 19 of this Circular.

- The head of the expert team reads the report on the verification results of the scientific and technological research topic or project.

- The principal investigator of the scientific and technological research topic or project, or their representative (from the research group), reports the summary results of the topic or project to the acceptance council.

- The opposing member reads comments on the scientific and technological research topic or project (according to Appendix 3 Table C3 Evaluation Form for Research Topics and Appendix 3 Table C4 Evaluation Form for Research Projects issued together with this Circular).

- The scientific secretary reads the comments of absent members (if any) for the council to refer to.

- Council members exchange opinions with the expert team members and opposing members about the results of the scientific and technological research topic or project, and ask questions to the principal investigator of the topic or project about the results and related issues.

- The principal investigator of the scientific and technological research topic or project, or their representative (from the research group), clarifies the questions raised by the council.

- The Council holds a closed discussion; council members score and evaluate according to the criteria specified in Appendix 3 Table C5 Evaluation Form for Research Topics and Appendix 3 Table C6 Evaluation Form for Research Projects issued together with this Circular.

- The Council elects a ballot committee consisting of three council members, including one chair. The Council proceeds with voting to evaluate the results of the scientific and technological research topic or project.

- The ballot committee prepares minutes and reports the voting results according to Appendix 3 Table C7 Minutes of Ballot for Research Topics and Appendix 3 Table C8 Minutes of Ballot for Research Projects issued together with this Circular.

- The Chairperson drafts the conclusion of the evaluation, specifying clearly and specifically the contents that need to be revised and supplemented to complete the scientific and technological research topic or project. In cases where the Council evaluates as "Not Achieved," it must clearly identify the contents and work completed correctly or incorrectly according to the contract for the Ministry of Health to consider and handle according to current regulations.

- The Council discusses to unify each content of the conclusion and approves the minutes (according to the model specified in Appendix 3 Table C9 Minutes of Acceptance for Research Topics and Appendix 3 Table C10 Minutes of Acceptance for Research Projects issued together with this Circular).

- Representatives of the management agency express their opinions (if any).

Article 21. Recognition of the Results of Research and Experimental Production Projects

The recognition of results applies to both cases evaluated at the "Pass" and "Fail" levels.

1. Documents required for recognition include:

a) Minutes of the acceptance board meeting;

b) Confirmation of registration and retention of research and experimental production project results;

c) Report on completing the dossier according to the acceptance board's opinions.

2. Recognition of the Results of Research and Experimental Production Projects:

The Science and Training Department of the Ministry of Health is responsible for compiling the documents mentioned in Clause 1 of this Article for research and experimental production projects and submitting them to the Minister of Health for a decision to recognize the results.

Article 22. Contract termination

1. Upon completion of the research and experimental production project, the head of the project must organize the submission of the final settlement report to the management agency.

2. After receiving the decision recognizing the evaluation results from the Minister of Health, the managing agency shall conduct an assessment, inventory, and handover of products and assets purchased with the project funds.

3. The liquidation of contractsbetween the parties involved in signing the contract will be carried out after the final settlement and asset inventory of the research and experimental production project. 4. Research and experimental production projects that fail the acceptance will not have their contracts liquidated and must be handled according to the provisions of Clause 5 and Clause 6 of Article 29 of this Circular.

HANDOVER, ANNOUNCEMENT, AND OWNERSHIP OF RESEARCH AND EXPERIMENTAL PRODUCTION PROJECT RESULTS      

Chapter VI

Article 23. Handover of Results

1. For projects that pass acceptance at the "Pass" level or higher, within thirty days, the project leader must complete the project dossier according to the board's comments and submit it to the Science and Training Department. Scientific reports should be submitted in hardcover print and CD format according to the model in Appendix 3 Table C1 BCTK DT, DA and Appendix 3 Table C2 HDBCTHD, DA accompanying this Circular. After the project acceptance, the project leader must register the research results with the National Science and Technology Information Center.

2. Within thirty days from receiving the project dossier and final report, the Science and Training Department is responsible for reviewing and may request additional documentation if necessary.

Article 24. Announcement of Research Results

Project dossiers completed and handed over to the Science and Training Department will be stored in the Ministry’s Office Archive and announced on the Ministry of Health’s and the National Science and Technology Information Center’s electronic information portal about science and technology.

Article 25. Ownership of Research Results

The Ministry of Health owns and manages research results for projects funded by state budget. For projects from other sources, ownership and management of research results are determined by agreements between the project leaders and the fund providers in accordance with current laws.

Article 26. Responsibilities of Management Agencies

Chapter VII

IMPLEMENTATION

1. The Science and Training Department leads the coordination with the Planning and Finance Department and related units to implement and monitor compliance with this Circular.

2. The Science and Training Department leads the coordination with the Planning and Finance Department to regularly inspect the progress of research and experimental production projects regarding scientific content and financial expenditures.

2. The Science and Training Department shall take the lead in coordinating with the Planning and Finance Department to organize regular inspections and supervision of the progress of implementing scientific and technological research topics and projects, focusing on scientific contents and financial expenditures.

Article 27. Responsibilities of organizations and individuals in charge of research and technology development projects

1. Organizations in charge of research and technology development projects

a) Shall be responsible for directing the project leaders to complete the project descriptions;

b) Shall organize the implementation, inspection, and supervision of research and technology development projects to ensure that they meet the requirements set forth in the approved project descriptions and according to the signed contracts.

c) Shall report regularly to the Ministry of Health on the progress of research and technology development projects before June 30 and December 31 each year. In exceptional cases, the organizations and individuals in charge shall report as required by the management authority.

d) Shall organize the acceptance and evaluation of the results of research and technology development projects at the grassroots level.

2. Individuals in charge of research and technology development projects.

a) Shall implement the contents according to the approved project descriptions and use funds in accordance with current legal regulations.

b) Shall enjoy copyright benefits for scientific works created by themselves as stipulated by law.

c) Shall provide conditions for inspectors and supervisors to review research data when requested.

3. Organizations and individuals in charge of research and technology development projects shall be liable under the law for the use of funds, research results, in cases where the project implementation contract cannot be terminated and must return the funds according to Circular No. 93/2006/TTLT/BTC-BKHCN issued by the Ministry of Finance and the Ministry of Science and Technology on October 4, 2006, guiding the budget allocation system for science and technology projects funded by the state budget.

Article 28. Financial Management

1. Allocation of funds:

The Department of Science and Training shall coordinate with the Department of Planning and Finance to develop annual plans for fund allocation based on the progress of research and technology development projects.

Costs related to managing research and technology development projects funded by the state budget shall be implemented according to Circular No. 44/2007/TTLT/BTC-BKHCN dated May 7, 2007, issued by the Ministry of Finance and the Ministry of Science and Technology guiding the construction and allocation of budget estimates for science and technology projects funded by the state budget, Circular No. 93/2006/TTLT/BTC-BKHCN dated October 4, 2006, issued by the Ministry of Finance and the Ministry of Science and Technology guiding the budget allocation system for science and technology projects funded by the state budget, and other relevant legal documents.

2. Finalizing financial accounts:

a) The finalization of financial accounts for research and technology development projects shall be carried out according to the guidance provided in Circular No. 93/2006/TTLT/BTC-BKHCN dated October 4, 2006, issued by the Ministry of Finance and the Ministry of Science and Technology guiding the budget allocation system for science and technology projects funded by the state budget, and other relevant guidance documents.

b) Based on the minutes of the acceptance and evaluation of the results of research and technology development projects by the acceptance committee decided by the competent authority, if the projects meet the requirements, the Department of Planning and Finance shall cooperate with the Department of Science and Training to proceed with the finalization of financial accounts and inventory, transfer assets purchased within the framework of the approved projects.

Article 29. Handling Violations

1. Civil servants and public officials (including contractual staff) who violate regulations on the selection, examination, inspection, evaluation, and acceptance of research and technology development projects shall be handled according to the laws on civil servants and public officials and current legal regulations.

2. Members of the committee who determine, select, examine, and accept projects without objectivity, fairness, and honesty, violating confidentiality principles, shall not be invited to participate in other scientific and technological committees and shall be handled according to the laws on science and technology and current legal regulations.

3. L, management The Ministry of Health may request the committee to reconsider, supplement, and re-evaluate in cases where violations of regulations on selection, examination, evaluation, and acceptance are discovered.

4. Organizations and individuals participating in the selection and examination who provide false information in the application form, distorting the evaluation results, shall have their selection and examination results nullified.

5. Organizations and individuals who violate the law on science and technology and current legal regulations shall be subject to legal sanctions.

6. Organizations and individuals who fail to complete the tasks of research and technology development projects (with acceptance results at a non-passing level) must compensate for the funds and bear responsibility according to current legal regulations.

Article 30. Complaints and Reports

1. Organizations and individuals have the right to file complaints and initiate lawsuits against administrative decisions and administrative acts of competent authorities and organizations related to the determination, selection, examination, appraisal, signing of scientific and technological contracts, inspection, supervision, acceptance, recognition, and termination of contracts for research and technology transfer projects at the Ministry of Health.

2. Citizens have the right to report violations of laws regarding the determination, selection, examination, appraisal, signing of scientific and technological contracts, inspection, supervision, acceptance, recognition, and termination of contracts for research and technology transfer projects at the Ministry of Health.

3. The filing of complaints and reports and the resolution of complaints and reports shall be carried out in accordance with current legal provisions.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 31. Effective Date

This Circular takes effect from October 15, 2010. All previous regulations that conflict with this Circular are hereby abolished.

Article 32. Responsibility for Implementation

Relevant organizations, leading units, and individuals participating in implementing research and technology transfer projects at the Ministry of Health are responsible for implementing this Circular.

In the course of implementation, if there are difficulties, it is requested that units reflect these issues to the Department of Science and Training, Ministry of Health for guidance on implementation./.