Circular No. 37/2016/TT-BCT amends and supplements certain Articles of Circular No. 50/2014/TT-BCT dated December 15, 2014, issued by the Minister of Industry and Trade on the management of scientific and technological tasks of the Ministry of Industry and Trade.

CIRCULAR

Amending and supplementing some articles of Circular No. 50/2014/TT-BCT dated December 15, 2014, issued by the Minister of Industry and Trade on the management of scientific and technological tasks of the Ministry of Industry and Trade.

 

Pursuant to the Law on Science and Technology dated June 18, 2013;

Pursuant to Decree No. 08/2014/NĐ-CP dated January 27, 2014 of the Government detailing and guiding the implementation of certain provisions of the Law on Science and Technology;

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the proposal of the Director of the Science and Technology Department,

The Minister of Industry and Trade issues this Circular to amend and supplement some articles of Circular No. 50/2014/TT-BCT dated December 15, 2014, issued by the Minister of Industry and Trade on the management of scientific and technological tasks of the Ministry of Industry and Trade.

Article 1. Amending and supplementing some articles of Circular No. 50/2014/TT-BCT dated December 15, 2014, issued by the Minister of Industry and Trade on the management of scientific and technological tasks of the Ministry of Industry and Trade.

1. Amend Article 8 as follows:

“Article 8. General provisions on the management of implementation of scientific and technological tasks at the ministry level.

1. The management and organization of implementing research topics, projects, experimental production projects, scientific and technological projects, programs, and potential scientific and technological tasks shall be carried out according to the procedures and formalities stipulated in Chapter III of this Circular.

2. For international cooperation tasks and scientific and technological information tasks,

a) Based on the provisions of Article 10, units shall prepare proposal files for tasks in accordance with the provisions of Article 11 of this Circular. On the basis of the proposal files submitted by the units, the Department of Science and Technology will review, compile, and submit to the leadership of the Ministry for approval of the content and budget of the task.

b) Based on the decision assigning the task by the Ministry of Industry and Trade, the organizations responsible for the task shall implement it according to the approved content.

Specifically, for information tasks, the implementation of the task shall be carried out according to the following specific regulations:

For purely information tasks that involve purchasing, enhancing machinery, materials, books, magazines, networking, and equipment maintenance, the organizations responsible for the task do not need to prepare detailed descriptions and sign scientific and technological contracts. The implementation of the task shall be based on the assignment decision and the units shall ensure compliance with documentation requirements.

For other types of information tasks defined in Decree No. 11/2014/NĐ-CP dated February 18, 2014, of the Government on scientific and technological information activities, the organizations responsible for the task shall complete the detailed description file according to Model B6e-TMNVTT-BCT and organize the signing of contracts in accordance with the regulations. The implementation of the task shall be carried out strictly in accordance with the assigned content and signed contracts.

c) The organization of acceptance of the results of task implementation shall be carried out in accordance with the provisions of Article 33 of this Circular.

3. For capacity enhancement and repair tasks to prevent deterioration for subordinate scientific and technological organizations under the Ministry of Industry and Trade,

a) Based on the provisions of Article 10, units shall prepare proposal files for tasks in accordance with the provisions of Article 11 of this Circular. On the basis of the proposal files submitted by the units, the Department of Science and Technology will review, assess, and submit to the leadership of the Ministry for approval of project proposals for equipment enhancement and minor construction and repair projects. The approved project content shall be compiled into the Ministry of Industry and Trade's scientific and technological plan.

b) Based on the decision assigning the task by the Ministry of Industry and Trade, the organizations responsible for the task shall implement it according to the approved content and in accordance with the current bidding laws.

c) The organization of acceptance of the results of task implementation shall be carried out in accordance with the provisions of Article 33 of this Circular.

4. For gene bank tasks, they shall be implemented in accordance with the provisions of Circular No. 17/2016/TT-BKHCN dated September 1, 2016, issued by the Minister of Science and Technology on the management and implementation of the Program for the Conservation and Sustainable Use of Genetic Resources until 2025, with a vision to 2030.

5. For national standard and technical regulation tasks, they shall be implemented in accordance with the provisions of Circular No. 46/2014/TT-BCT dated December 3, 2014, issued by the Minister of Industry and Trade on the activities of developing and applying national standards and technical regulations of the Ministry of Industry and Trade.

6. For regular tasks according to functions, the procedures for proposing, approving, organizing implementation, and evaluating the acceptance of tasks shall be carried out according to the following principles:

a) Proposing and approving regular tasks according to functions

Scientific and technological organizations under the Ministry of Industry and Trade shall base their proposals for regular tasks according to functions on the functions and tasks assigned by the Minister of Industry and Trade and the provisions of Joint Circular No. 121/2014/TTLT-BTC-BKHCN, and submit them to the Ministry of Industry and Trade for consideration and approval according to Form B1-ĐXKH-BCT. On the basis of the proposal files submitted by the units and the provisions of Article 2 of Joint Circular No. 121/2014/TTLT-BTC-BKHCN, the Department of Science and Technology will review, compile, and submit to the leadership of the Ministry of Industry and Trade for approval of the list of commissioned regular tasks according to functions through direct assignment.

b) Preparing and approving the content and budget for implementing regular tasks according to functions

The preparation and approval of the content and budget for implementing regular tasks according to functions shall be carried out in accordance with the provisions of Joint Circular No. 121/2014/TTLT-BTC-BKHCN. In this regard, the Advisory Council for reviewing the content and budget shall be established in accordance with the provisions of Article 20 of this Circular and shall not include any opposing members.

c) Signing contracts, organizing implementation, and evaluating acceptance of tasks

After being approved by the Ministry of Industry and Trade for the decision to commission the implementation of the task, the organizations assigned to carry out the task shall complete the contract in accordance with the provisions of Joint Circular No. 121/2014/TTLT-BTC-BKHCN. Acting on behalf of the Minister of Industry and Trade, the leaders of relevant units shall organize the signing of contracts in accordance with current regulations. The units shall organize the implementation of the task strictly in accordance with the assigned content and signed contracts. The task shall be evaluated for acceptance of the results of implementation in accordance with the provisions of Article 33 of this Circular.

d) Detailed regulations and forms applicable in the preparation of budgets, management, use, and settlement of funds for implementing regular tasks according to functions of scientific and technological organizations shall be carried out in accordance with the provisions of Joint Circular No. 121/2014/TTLT-BTC-BKHCN."

2. Supplement Point e Clause 5 Article 9 as follows:

"e) Prioritize research topics that link scientific research work with the task of drafting normative legal documents and issuing policies to serve the development of the industry and trade sector."

3. Amend Article 11 as follows:

"Article 11. Proposing scientific and technological tasks at the ministry level

1. Annually, based on the provisions of Article 10 of this Circular, organizations and individuals shall prepare and submit proposals for scientific and technological tasks at the ministry level to the Ministry of Industry and Trade. The proposal dossier includes:

a) A proposal document for scientific and technological tasks at the ministry level;

b) A list of proposed scientific and technological tasks according to Model B1-DXKH-BCT. In cases where two or more tasks are proposed within the same type of task, they must be arranged in order of priority regarding their urgency and feasibility;

c) Proposal forms corresponding to each type of scientific and technological task, specifically as follows:

Research topics and projects constructed according to Model B2a-PDDXDT-BCT.

Pilot production projects constructed according to Model B2b-PDDXASX-BCT.

Scientific and technological projects constructed according to Model B2c-PDDXA-KH-BCT. Research topics and pilot production projects under scientific and technological projects are constructed according to Models B2a-PDDXDT-BCT and B2b-PDDXASX-BCT respectively.

Programs constructed according to Model B2d-PDDXCT-BCT. Research topics, pilot production projects, and scientific and technological projects under programs are constructed according to Models B2a-PDDXDT-BCT, B2b-PDDXASX-BCT, and B2c-PDDXA-KH-BCT respectively.

Potential scientific and technological tasks at the ministry level, depending on whether the proposed scientific and technological task is a research topic or a scientific and technological project, are constructed according to Models B2a-PDDXDT-BCT and B2c-PDDXA-KH-BCT respectively.

International cooperation tasks constructed according to Model B2đ-PDDXHTQT-BCT.

Information tasks constructed according to Model B2e-PDDXNVTT-BCT.

Equipment strengthening projects and small-scale repair construction projects are constructed according to Models B2g-PDDXTCTTB-BCT and B2h-PDDXSCXDN-BCT respectively, accompanied by a request for approval of the project according to Model B25-TTDABCT and other related documents (if any).

2. Methods of submitting the proposal dossier

a) Through postal service;

b) Submit directly to the General Office of the Ministry of Industry and Trade;

c) Through the Ministry of Industry and Trade's Science and Technology Management System.

3. Quantity and format of the proposal dossier

For proposal dossiers submitted via methods a and b in Clause 2 of this Article: one original set (with stamps and direct signatures) bound into one volume, presented and printed on A4 paper, using Vietnamese font (Times New Roman) according to Vietnamese standard (TCVN 6909:2001), and one electronic copy of the original dossier documents in Microsoft Word format.

4. The Department of Science and Technology shall take the lead and coordinate with relevant units to develop orders for scientific and technological tasks at the ministry level based on the bases stipulated in Clauses 1, 3, and 4 of Article 10 of this Circular."

4. Amend Clause 2 of Article 12 as follows:

"2. Determination of the list of ordered scientific and technological tasks at the ministry level for the types of tasks specified in points a, b, c, d, đ, and e of Clause 3 of Article 4 of this Circular is specifically provided as follows:

a) The Department of Science and Technology shall review and preliminarily assess the completeness and necessity of the proposals;

b) For proposals that meet the requirements, the Ministry of Industry and Trade shall organize consultations through advisory boards or independent consultants to determine scientific and technological tasks. The advisory board shall convene to provide opinions on the proposals for scientific and technological tasks at the ministry level to be reviewed and approved by the leadership of the Ministry."

b) For proposals that meet the requirements, the Ministry of Industry and Trade shall organize advisory opinions through an advisory board or independent advisors to determine scientific and technological tasks. The advisory board convenes to provide opinions on proposed scientific and technological tasks commissioned at the ministry level for submission to the ministry leadership for consideration and approval.

5. Amend Point a of Clause 2 of Article 13 as follows:

"a) The advisory board shall consist of from five to nine members, including one chairman, one vice-chairman, one scientific secretary, and board members, wherein:

Members of the board are representatives of agencies and units under the Ministry of Industry and Trade related to the research field; they are scientists and experts with credibility, appropriate expertise, and deep understanding in the field of science and technology assigned to advise;

The scientific secretary of the advisory board is an officer of the Department of Science and Technology."

6. Amending Article 14 as follows:

“Article 14. Approval of the list of scientific and technological tasks ordered at the ministry level

1. After reviewing the working results of the council, the Department of Science and Technology will review the procedures and processes of the council's work. If necessary, the Ministry of Industry and Trade may seek additional advice from independent experts or establish another advisory council to re-determine the scientific and technological tasks. Based on the review results, the Department of Science and Technology will submit to the leadership of the Ministry of Industry and Trade for approval of the list of scientific and technological tasks ordered at the ministry level.

2. Based on the number of proposed tasks and the time specified for each annual plan, the list of scientific and technological tasks ordered at the ministry level will be approved in batches.

7. Amend Clause 2 of Article 16 as follows:

“2. For scientific and technological tasks at the ministry level implemented through direct assignment:

a) For tasks proposed by units and approved by the Ministry of Industry and Trade with the list of topics, the Ministry of Industry and Trade will notify in writing to the agencies and organizations designated for direct assignment by the Ministry.

b) For tasks ordered by the Ministry of Industry and Trade, the Ministry of Industry and Trade will send the list of scientific and technological tasks ordered at the ministry level to the agencies and organizations designated for direct assignment by the Ministry.”

8. Amend Point c of Clause 1 of Article 18 as follows:

"c) Detailed explanations corresponding to each type of scientific and technological task are specified as follows:

Model B6a-TMĐT-BCT applies to research topics;

Model B6b-TMĐA-BCT applies to projects;

Model B6c-TMDASX-BCT applies to pilot production projects;

For scientific and technological projects, based on the detailed explanations of the tasks within the scientific and technological project, the registering organization will compile a general detailed explanation of the scientific and technological project according to model B6d-TMDAKH-BCT;

Model B6đ-TMCT-BCT applies to programs;

For potential scientific and technological tasks at the ministry level, depending on the type of registered task being a research topic or a scientific and technological project, apply the corresponding detailed explanation models B6a-TMĐT-BCT, B6d-TMDAKH-BCT.

Model B6e-TMNVTT-BCT applies to information tasks."

9. Amend Clauses 3 and 4 of Article 18 as follows:

"3. Number of files: 01 original file (with seal and signature) and 07 sets of copies bound together, presented and printed on A4 paper using Vietnamese font from the Unicode character set (Times New Roman) according to national standard (TCVN 6909:2001) and 01 electronic copy of the original file recorded on a CD in Microsoft Word format.

4. Deadline for submission of files:

a) For tasks under the circumstances stipulated in Clause 1 of Article 16: the submission deadline is as specified in the notification of the Ministry of Industry and Trade on the Ministry’s electronic portal.

b) For tasks under the circumstances stipulated in Point a of Clause 2 of Article 16: the submission deadline is as specified in the notification document of the Ministry of Industry and Trade.

c) For tasks under the circumstances stipulated in Point b of Clause 2 of Article 16: the agency or organization shall determine its own submission deadline.

d) The date of receipt of the file is the date of the seal of the Hanoi Post Office (in case of submission via post) or the date of the received stamp of the Ministry of Industry and Trade's office. In cases where the registering unit is a unit within the Ministry and submits via internal official communication, the date of receipt of the file is the date when the Department of Science and Technology's office receives the official communication.

đ) Within the prescribed submission period, organizations and individuals who have submitted applications for selection have the right to withdraw their submitted files to replace them with new ones or to amend and supplement the submitted files. The new or amended files must be resubmitted within the prescribed submission period as stipulated in Point a, Clause 4 of this Article. The supplementary document is part of the file.”

10. Amend Article 19 as follows:

“Article 19. Opening and verifying the validity of application files for selection and direct assignment to perform state science and technology tasks

1. Representatives from the Department of Science and Technology and representatives of related parties (if any) shall conduct the opening, verification, and confirmation of the validity of the files. The time for opening the files is specified as follows:

a) For tasks under the circumstances prescribed in Clause 1, Article 16: within fifteen working days from the deadline for submitting registration files.

b) For tasks under the circumstances prescribed in Clause 2, Article 16: immediately upon receipt of the registration file.

2. Valid files are those prepared according to the prescribed forms and meet the requirements set forth in Articles 17 and 18 of this Circular.

11. Amend Point a, Clause 1, Article 20 as follows:

"a) The council consists of five to nine members, including one chairman, one vice-chairman, one scientific secretary, and council members, among which:

Two-thirds are experts with appropriate qualifications and expertise corresponding to the assigned scientific field;

One-third are representatives of state management agencies, scientific management agencies, organizations benefiting from the results of state-level science and technology tasks, and other relevant organizations;"

The scientific secretary of the advisory board is an officer of the Department of Science and Technology."

12. Amend Article 21 as follows:

"Article 21. Procedures, contents of work of the advisory council for selection and direct assignment, and principles of evaluation, scoring, and classification of selection and direct assignment files

1. The scientific secretary reads the decision establishing the council, introduces the council members, and the attending representatives.

2. A representative from the Department of Science and Technology summarizes the requirements for the council.

3. The council agrees on the working methods.

4. The council proceeds to evaluate the files for selection and direct assignment.

a) Council members present their observations and evaluations of the registration files for selection and direct assignment of science and technology tasks;

b) The scientific secretary reads the written comments of absent members (if any) for the council's consideration and reference;

c) The council discusses and evaluates the files:

The council conducts discussions and analyzes the files according to the prescribed criteria. After exchanging views, council members provide comments, evaluations, and scores for each file corresponding to each type of task according to the following specific provisions:

Model B12a-PDDGDT-BCT applies to research topics;

Model B12b-PDDGDA-BCT applies to research programs;

Model B12c-PDDGDA-SX-BCT applies to experimental production projects;

For science and technology projects, based on the evaluation and review results of the tasks within the science and technology project, the council exchanges opinions and completes the general description of the science and technology project;

Model B12d-PDDGCT-BCT applies to programs;

For potential state-level science and technology tasks, depending on the type of registered task being a research topic or a science and technology project, the corresponding evaluation forms B12a-PDDGDT-BCT, B12d-PDDGDAKH-BCT are applied.

5. Summarizing the results of the selection and direct assignment evaluation

a) The scientific secretary compiles and reports to the council the voting result according to model B13-BBKPDG-BCT;

b) For selection participation files, the council ranks the files evaluated with the highest average score from highest to lowest according to the following principles:

In cases where the average total scores are equal, the higher score given by the council chairman (or the vice-chairman, in the absence of the chairman) is prioritized for ranking;

If the scores given by the council chairman (or the vice-chairman, in the absence of the chairman) for the files are equal and the council ranks them equally, the council recommends a selection option;

6. The council approves the minutes of its work results

a) For selection participation files:

The organization or individual proposed by the council to implement the task is the one with the highest average score according to the principles stipulated in Point b, Clause 5 of this Article and whose average score across all criteria must be at least 70 out of 100, with no criterion having more than one-third of the present council members giving it zero points.

For the files proposed for implementation, the council provides a review opinion on the budget for implementing the science and technology task. In necessary cases, the Ministry of Industry and Trade organizes the review through the budget review team as prescribed in Article 22 of this Circular.

b) For direct assignment examination files:

The file proposed for implementation by the council is the one with an average score across all criteria of at least 70 out of 100, with no criterion having more than one-third of the present council members giving it zero points.

For the files proposed for implementation, the council provides a review opinion on the budget for implementing the science and technology task. In necessary cases, the Ministry of Industry and Trade organizes the review through the budget review team as prescribed in Article 22 of this Circular.

c) The council discusses to agree on recommendations for additional or revised points in the task description; main scientific and technological products with corresponding economic and technical indicators that must be achieved; number of personnel and labor units according to job titles for each content; number of domestic and foreign experts needed to participate; cost-sharing method up to the final product or partial cost-sharing.

d) The scientific secretary of the council prepares the minutes of the meeting according to model B14a-BBTCDTDA-BCT."

13. Amend Clause 1, Article 22 as follows:

"1. The form of budget review through the review team is applied when necessary for the files of organizations and individuals participating in selection and direct assignment and have been recommended for implementation by the advisory council for selection and direct assignment."

14. Amend Point a, Clause 3, Article 22 as follows:

"a) The head of the review team is the leader of the Department of Science and Technology."

15. Amend Article 25 as follows:

"Article 25. Approval of the list and budget estimate for state-level science and technology tasks

1. Based on the results of the councils' work and the advice of independent experts (if any), the Department of Science and Technology informs the organizations and individuals who have registered to undertake state-level science and technology tasks to revise and perfect their files."

2. Organizations and individuals who have been selected and directly assigned to carry out state science and technology tasks shall be responsible for revising and perfecting their files according to the conclusions of the council, the appraisal board, or independent experts (if any).

3. Based on the review of the work results of the councils and the advice of independent experts (if any), the Department of Science and Technology shall submit to the leadership of the Ministry of Industry and Trade for a decision to approve the list, content, and budget estimate for state science and technology tasks.

16. Amend Clause 1 of Article 26 as follows:

"1. In accordance with the notification from the Ministry of Finance regarding the allocation of funds for scientific and technological activities and the notification from the Ministry of Science and Technology regarding the content of the scientific and technological plan, the Department of Science and Technology shall take the lead in coordinating with relevant units to review, balance the budget, and adjust the list and budget estimate for scientific and technological tasks."

17. Amend Clause 2 of Article 27 as follows:

"2. The procurement contract for implementing state-level scientific and technological tasks (hereinafter referred to as the contract) shall be signed between the procuring party (Party A), represented by the leader of the Department of Science and Technology acting on behalf of the Minister of Industry and Trade, and the receiving party (Party B), which are organizations and individuals primarily responsible for implementing approved state-level scientific and technological tasks."

18. Amend Point a of Clause 5 of Article 27 as follows:

"a) Within 45 days from the date the Ministry of Industry and Trade approves the procurement decision for scientific and technological tasks, organizations and individuals assigned to primarily implement these tasks must complete the procedures to sign the contract as prescribed. If the aforementioned organizations and individuals fail to complete the procedures to sign the contract, the Ministry of Industry and Trade will consider revoking the procurement decision for these organizations and individuals."

19. Amend and supplement Article 28 as follows:

"Article 28. Adjustments during the implementation of tasks

1. Adjustment of the implementation period

a) Extension of the implementation period may only be granted once per task. The extension period shall not exceed 12 months for tasks with an implementation period exceeding 24 months and not more than six months for tasks with an implementation period under 24 months. Other cases shall be decided by the leadership of the Ministry of Industry and Trade.

b) Requests for extension of the implementation period shall be considered at least one month before the end of the contract.

c) Shortening the implementation period may only be considered when at least two-thirds of the task's content has been completed.

d) The leadership of the Ministry of Industry and Trade shall consider and decide on adjustments based on the proposal document from the leading organization of the task and the opinion of the Department of Science and Technology.

2. Adjustment of the name, objectives, and products of the task

a) For tasks implemented through product-based cost allocation: No adjustment is permitted.

b) For tasks implemented through partial cost allocation: The leadership of the Ministry of Industry and Trade shall consider and decide on adjustments based on the explanatory report from the leading organization of the task.

3. Adjustment of the content of the task

a) For tasks implemented through product-based cost allocation: The head of the leading organization of the task may proactively adjust the content of the task and bear responsibility for such decisions.

b) For tasks implemented through partial cost allocation: The leading organization of the task must submit a written report to the Ministry of Industry and Trade. The leadership of the Ministry of Industry and Trade shall consider and decide on the adjustment of the content for each specific case.

4. In cases where there is no need to adjust the total budget estimate, detailed budget adjustments shall be carried out as follows:

a) For allocated funds: Implement according to Point a, Clause 3, Article 10 of Circular No. 27/2015/TTLT-BKHCN-BTC dated December 30, 2015, issued jointly by the Ministry of Science and Technology and the Ministry of Finance, concerning cost allocation for the implementation of scientific and technological tasks funded by the state budget.

b) For unallocated funds: Implement according to Point b, Clause 3, Article 10 of Circular No. 27/2015/TTLT-BKHCN-BTC dated December 30, 2015, issued jointly by the Ministry of Science and Technology and the Ministry of Finance, concerning cost allocation for the implementation of scientific and technological tasks funded by the state budget.

5. Change of task leader

a) The leading organization of the task may report to the Ministry of Industry and Trade and proactively change the task leader in the following cases:

The task leader is studying or working abroad for more than three consecutive months;

The task leader transfers to another unit or retires;

The task leader is ill or unable to manage the research activity of the task (with a request from the task leader or confirmation from a health authority);

The task leader dies or is missing for over three months;

The task leader requests a change of task leader due to personal reasons that prevent them from continuing the assigned work;

The task leader fails to meet the progress and content requirements of the assigned task without justifiable reasons, violates financial management principles as concluded by inspection or audit teams, or is suspended from duty;

There is a change in the assignment of personnel within the leading organization of the task.

b) The new task leader must meet the requirements of professional competence and comply with current regulations to continue implementing the task.

6. Change of leading organization of the task

a) The change of the leading organization of the task applies in cases where there is a decision by the competent authority regarding the merger, division, or dissolution of the leading organization of the task, and other cases not contrary to the law.

b) The leadership of the Ministry of Industry and Trade shall issue a decision to adjust the leading organization of the task based on the report submitted by the leading organization of the task.

7. Other adjustments for tasks

a) Adjustment of procurement of raw materials: The leading organization of the task may proactively decide to adjust the procurement plan and budget for the quantity, volume, and type of raw materials purchased using state funds without increasing the total budget for raw material expenses already approved. After the adjustment, the procurement of raw materials shall be carried out in accordance with current regulations.

b) Adjusting and supplementing individuals participating in research: The leading organization of the task may proactively change the individuals participating in the research to ensure the effective achievement of the approved objectives and products of the task. Any changes to the individuals participating in the research must be agreed upon in writing by both the person being added and the person being replaced.

c) Adjusting the outbound delegation:

The leading organization of the task may proactively adjust the content, timing, and duration of the outbound delegation to suit the actual situation, ensuring the effective achievement of the approved objectives and products of the task;

In cases where the destination country or the number of participants in the outbound delegation is adjusted, the written opinion of the Ministry of Industry and Trade is required.

All adjustments to the outbound delegation shall not increase the total budget allocated for the outbound delegation as approved.

d) Adjusting procurement of equipment and machinery: The leading organization of the task must submit a written report to the Ministry of Industry and Trade. The leadership of the Ministry of Industry and Trade will review and decide on each specific adjustment case.

đ) Adjusting the non-state budget financial plan: The leading organization is permitted to proactively adjust the contents and plans of expenditure but shall not reduce the total non-state budget financial plan that has been approved and must ensure compliance with the prescribed ratio between the state budget and the corresponding funding source of the unit (in cases where there is a requirement for matching funds).

e) Other adjustments concerning matters not specified in points a, b, c, d, đ of Clause 7 of this Article shall be decided by the leadership of the Ministry of Industry and Trade.

8. Documents related to adjustments are part of the contract for implementing scientific and technological tasks.

20. Amend Article 33 as follows:

“Article 33. Principles, methods, and content of evaluation and acceptance of scientific and technological tasks at the ministerial level

1. Principles of evaluation and acceptance

a) Based on the signed scientific research and technology development contract and the evaluation contents stipulated in this Circular;

b) Based on the evaluation and acceptance files;

c) Ensuring democracy, objectivity, fairness, honesty, and accuracy.

2. Methods of evaluation and acceptance of scientific and technological tasks

a) For scientific and technological tasks specified in points a, b, c, d, e of Clause 3 of Article 4 of this Circular, the procedures for evaluating and accepting the results of task implementation are regulated in Article 34 of this Circular.

b) For programs and scientific and technological tasks within the program, the evaluation and acceptance of the results of task implementation are regulated in Clause 3 of this Article.

c) For international cooperation tasks and scientific and technological information tasks, the evaluation and acceptance of the results of task implementation are regulated in Clause 4 of this Article.

d) For equipment strengthening projects and small repair construction projects, the evaluation and acceptance of the results of task implementation are regulated in Clause 5 of this Article.

3. For programs and scientific and technological tasks within the program

a) The procedures for evaluating and accepting scientific and technological tasks within the program are regulated in this Circular.

b) The program evaluation is conducted through three stages: mid-term evaluation, final evaluation, and post-final evaluation.

The program director leads the mid-term evaluation of the program's activities and reports the evaluation results to the leadership of the Ministry of Industry and Trade.

Upon completion of the program, the program director completes the final report on the program and submits it to the Ministry of Industry and Trade according to template B34-BCTKCT-BCT. The Ministry of Industry and Trade leads the organization of the program activity evaluation upon completion and after the program has been completed.

4. For international cooperation tasks and scientific and technological information tasks

After completing the assigned task, the leading organization of the task is responsible for submitting a detailed report to the Ministry of Industry and Trade regarding the implemented contents, clearly stating the objectives, contents, and results obtained after the implementation of the task. On this basis, the Ministry of Industry and Trade evaluates and reviews the implementation process based on the assigned plan and current regulations, compiling it into the annual scientific and technological plan evaluation report. If the leading organization implements the international cooperation task and scientific and technological information task not in accordance with the assigned decision, the Ministry of Industry and Trade will handle the violation according to current regulations and consider not assigning such tasks to these organizations in the following year.

5. For capacity enhancement research tasks and maintenance and anti-degradation tasks, the evaluation and acceptance of the results of implementation are as follows:

a) After completing the project components, the leading organization of the task compiles the file according to point b of this Clause to prepare for the evaluation and acceptance.

b) The application for acceptance includes: The leading organization's document requesting ministerial-level evaluation and acceptance; The decision approving the task execution order of the Ministry of Industry and Trade leadership; The decision approving the bidding plan and the engineering economic and technical report; The bidding selection files of the tender packages; The acceptance, settlement, and final accounting records of the tender packages; Other relevant documents and materials related to the project implementation process in accordance with current regulations; A preliminary report on the investment effectiveness of the project.

c) The acceptance council has members and working principles as stipulated in Clauses 4 and 5 of Article 34 of this Circular. The acceptance council does not include a reviewer member.

d) The evaluation and acceptance of the project results are conducted through reviewing the files and inspecting the actual implementation components at the unit. The acceptance result is recorded in a record according to template B24b-BBNTDA-BCT.

6. For functional research tasks, the evaluation and acceptance of the results of implementation are as follows:

a) After completing the task, the leading organization of the task prepares a comprehensive report on the implementation situation according to the approved explanatory content.

b) The acceptance council has members and working principles as stipulated in Clauses 4 and 5 of Article 34 of this Circular. The acceptance council does not include a reviewer member.

c) The evaluation and acceptance of the results of implementing the task shall be conducted through reviewing the report file, and if necessary, on-site inspection at the unit may be carried out. The acceptance result shall be recorded in a record according to Model B24c- BBNTNVTX-BCT.

21. Amend Clauses 1, 2, 3, 4, and 5 of Article 34 as follows:

"1. Evaluation of the results of implementing scientific and technological tasks

a) The leading organization implementing the task shall be responsible for organizing the evaluation of the results of implementing the task through the establishment of an Advisory Board for Evaluation and Acceptance at the basic level, in accordance with the contents and general requirements regarding the products of the task stipulated in Clause 7 of this Article. The leading organization shall apply the provisions of Clause 4 of this Article to organize the establishment of the Advisory Board for Evaluation and Acceptance at the basic level, ensuring that the members participating in the acceptance do not contravene current regulations.

b) The file for evaluating the results of implementing scientific and technological tasks at the basic level shall be compiled into a report according to the model specified in Point h, Clause 2 of this Article.

2. The file for evaluating and accepting scientific and technological tasks at the ministry level includes:

a) A letter requesting evaluation and acceptance of the task from the leading organization according to Model B29-CVNT-BCT;

b) A comprehensive report on the results of implementing the task according to Model B19-BCTK-BCT;

c) A copy of the contract and the task description;

d) The file for evaluating the results of implementing the task at the basic level by the leading organization includes: Decision establishing the Advisory Board for Evaluation and Acceptance at the basic level; Minutes of the meeting of the Advisory Board for Evaluation and Acceptance at the basic level; Evaluation and comment forms on the results of implementing the task by the members of the Advisory Board; Documents adopting and revising the report of the Task Management Board based on the advisory comments and evaluations of the Advisory Board;

đ) Other documents (if necessary).

3. Submission of the file for evaluating and accepting scientific and technological tasks

a) Deadline for submission: The organization or individual leading the task shall submit the file requesting evaluation and acceptance no later than 30 days before the end date of the contract or the extended contract period (if applicable);

b) The file shall be submitted directly or sent via postal service to the Ministry of Industry and Trade, including: One original file (with stamps and direct signatures) and seven copies, presented and printed on A4 paper size, using Vietnamese font from the Unicode character set (Times New Roman) according to national standards (TCVN 6909:2001), and one electronic version of the original file documents in Microsoft Word format.

c) The Department of Science and Technology shall preliminarily review the validity of the file. In case the file does not meet the prescribed requirements, the Department of Science and Technology shall notify the leading organization to supplement the file in accordance with the regulations.

4. Advisory Board for Evaluation and Acceptance of the Results of Implementing Scientific and Technological Tasks at the Ministry Level

a) Based on the valid file, the Department of Science and Technology shall present to the leadership of the Ministry of Industry and Trade to decide on the establishment of the Advisory Board for Evaluation and Acceptance of the Results of Implementing Scientific and Technological Tasks at the Ministry Level (hereinafter referred to as the board).

b) The board shall consist of five to nine members including the chairman, vice-chairman, two opposing members, a scientific secretary member, and other members, who are scientists and managers with competence, credibility, and expertise in the specialized field of the scientific and technological task.

c) Cases where participation in the board is not allowed: The task leader, individuals primarily involved, and those collaborating in the implementation of the task; Individuals currently being administratively punished for violations in scientific and technological activities or currently under criminal investigation or have been convicted but not yet pardoned; Spouses, parents, children, siblings, or half-siblings of the task leader or primary members involved in the implementation of the task or persons with related rights and interests; Individuals with evidence of conflicting interests with the task leader or the leading organization.

d) In special cases due to complexity or specific requirements of the task, the leadership of the Ministry of Industry and Trade may decide on the number and composition of the board differently from the provisions of Point b, Clause 4 of this Article.

5. Sessions of the Advisory Board for Evaluation and Acceptance

a) The evaluation and acceptance materials specified in Clause 2 of this Article shall be sent to the board members and the expert team (if any) prior to the board session.

b) At least two-thirds of the board members must attend the board session, including the chairman or vice-chairman (in the absence of the chairman).

c) Participants in the board sessions include:

Board members, task leaders, representatives of the leading organization, representatives of the supervising authority, representatives of relevant units under the Ministry of Industry and Trade, and other members invited by the Ministry of Industry and Trade when necessary;

The Department of Science and Technology shall appoint an administrative secretary to assist in preparing materials and organizing board sessions.

d) Agenda of the board session:

The scientific secretary announces the decision to establish the board, introduces the composition and attending delegates;

A representative of the Department of Science and Technology outlines the main contents and requirements for evaluation and acceptance as stipulated in this Circular;

The chairman of the board shall preside over the board sessions. In the absence of the chairman, the chairman shall delegate the vice-chairman to chair the session. Board members shall base their discussions and evaluations on the requirements and contents of evaluation stipulated in Clause 6 and Clause 7 of this Article.

đ) Procedure for the board's work:

The chairman of the board shall unify and approve the agenda of the board's work according to the provisions of this Circular;

The task leader shall present a summary of the process of implementing the task, report on scientific and technological products, and self-evaluation report on the results of implementing the task;

Board members shall ask questions to the task leader about the results and issues related to the task. The task leader and related individuals shall answer the board's questions (if any);

Opposing members shall read their comments on the results of implementing the task; the scientific secretary shall read the comments of absent members (if any);

Members of the council express their opinions on the results of the tasks and vote to evaluate the classification of the tasks according to model B23a-PDGNT-BCT; The ballot counting team compiles and reports the voting results according to model B23b-KPDGNT-BCT.

The chairperson of the council drafts the conclusion of the council's evaluation. In cases where the council classifies the result as "Not Achieved," it is necessary to clearly identify the contents that have been implemented under the contract for the Ministry of Industry and Trade to consider and handle according to current regulations. The council discusses to unify each content of the conclusion and approves the minutes prepared by the scientific secretary according to model B24a-BBN-BCT.

e) The council's concluding opinion is sent by the Department of Science and Technology to the leading organization as a basis for supplementing and perfecting the dossier.

22. Amend point a and b of Clause 10, Article 34 as follows:

"a) Scientific and technological tasks classified at level "Achieved" or higher:

After receiving the ministry-level evaluation results, the head of the scientific and technological task is responsible for completing the dossier according to the council's opinions and conclusions, drafting a report on the completion of the dossier according to model B32-BCHTHS-BCT to be submitted to the Ministry of Industry and Trade. The Department of Science and Technology is responsible for inspecting and supervising the completion of the evaluation dossier of the task, which serves as the basis for signing the termination contract as stipulated in point d, Clause 10 of this Article.

The leading organization of the scientific and technological task and the head of the scientific and technological task shall proceed with procedures to establish intellectual property rights to protect the research results of the scientific and technological task according to current regulations (if necessary).

b) In cases where the scientific and technological task is classified at level "Not Achieved":

If not extended during implementation, the leading organization may be considered for an extension of the implementation period but not exceeding six months;

To be considered for an extension, the scientific and technological task must be recommended for an extension by the evaluation council, and the leading organization and the head of the scientific and technological task must submit a written request (accompanied by the dossier, ministry-level evaluation minutes, and handling plan) to the Ministry of Industry and Trade;

Based on the proposal letter from the leading organization, the Ministry of Industry and Trade will review and notify its opinion regarding the extension of the scientific and technological task;

After the extension period, the re-evaluation will be conducted according to the content and procedure of this Circular but not more than once for each scientific and technological task;

All costs for completing the contents recorded in the contract, re-evaluation, and organizing the handling of violations shall be borne by the leading organization and individual responsible for the scientific and technological task.

23. Amend Article 40 as follows:

"Article 40. Responsibilities of units under the Ministry of Industry and Trade

1. Department of Science and Technology

a) Uniformly manage scientific and technological tasks using funds from the Ministry of Industry and Trade’s science and technology budget;

b) Be responsible for guiding, organizing the implementation, and inspecting the execution of this Circular and reporting annually to the leadership of the Ministry;

c) Lead in building, managing, and updating the database for managing scientific and technological tasks of the Ministry of Industry and Trade, implementing regulations on publicizing information about the results of scientific and technological tasks according to current regulations.

2. Department of Finance

a) Be responsible for guiding financial operations and current regulations for units and individuals participating in the implementation of scientific and technological tasks;

b) Coordinate with the Department of Science and Technology in reviewing the content and budget estimates; participate in regular and spot checks on the implementation of scientific and technological tasks;

c) Lead and coordinate with the Department of Science and Technology in compiling and allocating budgets, auditing, and finalizing financial accounts according to current regulations.

3. Office of the Ministry

a) Be responsible for disbursing funds and settling accounts with units according to the progress of the settlement of scientific and technological tasks (for units allocated budgets through the Office of the Ministry);

b) Coordinate with the Department of Science and Technology in conducting regular and spot checks on the implementation of scientific and technological tasks when required;

c) Coordinate with the Department of Finance and the Department of Science and Technology in reviewing and finalizing annual budget settlements for scientific and technological tasks assigned to units (for units allocated budgets through the Office of the Ministry);

d) Lead and coordinate with the Department of Finance and the Department of Science and Technology in working with state management agencies during inspections and audits (for units allocated budgets through the Office of the Ministry).

4. Units and organizations under the Ministry of Industry and Trade

a) Actively participate in proposing scientific and technological research tasks serving the development of the industry and trade sector;

b) Coordinate with the Department of Science and Technology and relevant units in complying with regulations on dossiers, procedures, and processes for proposing and approving scientific and technological tasks.

Article 2. Replace the phrase "Department of Science and Technology or Energy Administration (for tasks under the management responsibility of the Energy Administration)" with the phrase "Department of Science and Technology" in the following provisions: Clause 1, Article 12; Clause 3, Article 13; Point b, Clause 6, Article 13; Clause 2, Article 20; Clause 1, Article 23; Clauses 1 and 2, Article 24; Clause 6, Article 27; Clause 2, Article 32; Point d, Clause 10, Article 34; Point b, Clause 2, Article 37; Clause 3, Article 39 of Circular No. 50/2014/TT-BCT dated December 15, 2014, issued by the Minister of Industry and Trade on the management of scientific and technological tasks of the Ministry of Industry and Trade.

Article 3. Repeal Clause 5, Article 17, and Article 38 of Circular No. 50/2014/TT-BCT dated December 15, 2014, issued by the Minister of Industry and Trade on the management of scientific and technological tasks of the Ministry of Industry and Trade.

Article 4. Replace the appendices issued together with Circular No. 50/2014/TT-BCT dated December 15, 2014, issued by the Minister of Industry and Trade on the management of scientific and technological tasks of the Ministry of Industry and Trade with the appendices issued together with this Circular.

Article 5. Effective Date

1. This Circular takes effect from February 10, 2017.

2. In cases where the legal documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the corresponding amended, supplemented, or replaced documents.

3. For scientific and technological tasks that have been commissioned by the Ministry of Industry and Trade to be carried out, they shall continue to be implemented in accordance with the provisions of Circular No. 50/2014/TT-BCT dated December 15, 2014, issued by the Minister of Industry and Trade on the management of scientific and technological tasks of the Ministry of Industry and Trade.

4. During the implementation process, if there are issues requiring supplementation or amendment, relevant agencies, units, organizations, and individuals shall promptly reflect such issues in writing to the Ministry of Industry and Trade for research and amendment./.