Decision No. 41/2003/QD-BNN On Issuing the Regulation on Management of Programs, Topics, and Projects of Science and Technology at the Ministry Level

DECISION OF THE MINISTER

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Regarding the issuance of regulations on managing programs, topics, and projects in science and technology at the Ministry levelRegulations on managing programs, topics, and projects in science and technology at the Ministry level

_________________________

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Decree No. 73/CP dated November 1, 1995 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Based on the need to strengthen state management over programs, topics, and projects managed by the Ministry and to enhance the effectiveness of scientific research;

Upon the proposal of the Director of the Department of Science and Technology and Product Quality,

DECISION:

Article 1. The attached Decision hereby promulgates the "Regulations on Managing Programs, Topics, and Projects in Science and Technology at the Ministry Level."

Article 2. THIS DECISION SHALL TAKE EFFECT 15 DAYS AFTER THE DATE OF SIGNATURE.

Article 3. The Minister's Office Chief, the Director of the Department of Science and Technology and Product Quality, Heads of relevant units; organizations and individuals implementing programs, topics, and projects in science and technology at the Ministry level funded from the State budget or other sources with characteristics similar to the State budget shall implement this Decision.

REGULATIONS

Management of programs, topics, and projects in science and technology at the Ministry level

(Issued together with Decision No. 41/2003/QĐ-BNN dated January 28, 2003)

of the Minister of Agriculture and Rural Development)

These regulations are issued to unify management in science and technology; enhance the effectiveness of scientific research and technology transfer to production; and increase the responsibility of agencies and individuals implementing programs, topics, and projects in science and technology managed by the Ministry in accordance with current State regulations.

PART I

GENERAL PROVISIONS

Article 1. Scope and Applicability

These regulations apply to programs, topics, and projects in science and technology managed by the Ministry of Agriculture and Rural Development funded from the State budget or other sources with characteristics similar to the State budget.

Article 2. Explanation of terms

In these regulations, the following terms are understood as follows:

1. Research program: A set of research topics in the same field or related fields, having a systematic nature aimed at addressing the development goals of the Industry.

2. Scientific research topic: A specific research task with clear objectives, content, and methods aimed at creating new results to meet the needs of production or serve as a basis for policy-making or subsequent research.

Ministry-level scientific research topics are divided into three types:

- Topic within the program: A strategic and urgent research task of the Industry. Implementation time ranges from 1 to 3 years, possibly longer but not exceeding 5 years.

- Other key topics (independent at the Ministry level): An urgent or sudden research task of the Industry, not included in any programs. Implementation time does not exceed 3 years.

- Basic-level topic: An annual research task with exploratory nature serving subsequent topics proposed and directly managed by units.

3. Pilot production project (hereinafter referred to as Project P): A follow-up task of the research topic aimed at perfecting technology and technical procedures before application in production.

Article 3. Basis for forming programs, topics, and projects:

1. Strategies and target programs for agricultural and rural development of the Industry;

2. Proposals from specialized agencies, research and training units, enterprises, localities, other organizations, and individuals;

3. Proposals from the Science and Technology Council of the Ministry of Agriculture and Rural Development;

4. From contents of international cooperation.

Article 4. Requirements for programs, topics, and projects.

1. The outline of programs, topics, and projects must have clear objectives, content, and effective organizational and coordination solutions. For topics and projects, there must be appropriate and specific research methods.

2. Research results must be scientific evidence, a basis for policy-making, or products such as new varieties, technologies, equipment, procedures, models, etc., meeting the needs of production and daily life.

Article 5. Conditions for agencies and individuals responsible for implementing programs, topics, and projects:

1. The leading agency must have sufficient conditions regarding human resources, equipment, and necessary infrastructure to effectively implement the program, topic, or project.

2. The individual leader must have at least ten years of work experience in the relevant field of the program, topic, or project. If the time is less than ten years, they must have an introduction from the Scientific Council. Each individual may not simultaneously lead more than two national-level or ministry-level topics;

3. In cases where an employee transfers to a new agency and does not have enough time to complete the program, topic, or project until their retirement date (as stipulated by the state), they shall not be allowed to lead a program, topic, or project.

Article 6. Duties of management agencies:

1. The Department of Science and Technology and Product Quality is responsible for organizing the determination of scientific and technological tasks, approving research outlines, allocating funds, organizing implementation, inspecting, evaluating, and accepting the results of programs, topics, and projects; submitting to the Minister for decision on the leading agencies and individuals of key programs and projects.

2. The Finance and Accounting Department is responsible for reviewing budgets, disbursing, and settling accounts for the funds of programs, topics, and projects according to the approved content.

Chapter II

RIGHTS AND RESPONSIBILITIES OF THE PROGRAM MANAGEMENT BOARD

PROGRAM, AGENCY, AND TOPIC AND PROJECT LEADERS

Article 7. Responsibilities of the Program Management Board, agencies, and individual leaders of topics and projects

1. Program Management Board: Has the responsibility to develop an overall plan, monitor implementation, and evaluate the results of the program, report to the Department of Science and Technology and Product Quality for review and acceptance.

2. Agency leading the program: Has the responsibility to create all necessary conditions for the Program Management Board to operate effectively.

3. Agency leading the topic or project: Has the responsibility to review the basic outline, inspect, and evaluate research results, manage finances, and create favorable conditions for the topic or project to be implemented effectively. In cases where there is recovery, the leading agency must submit the recovered funds fully and on time.

4. Individual leader of the topic or project: Has the responsibility to organize the implementation of contents according to the approved outline, use funds in accordance with current regulations of the State; report comprehensively and on time the results of research implementation and fund usage to the Program Management Board and the managing agency, including regular reports (once every six months at the end of June and December) and ad hoc reports. When there are changes in content, location, funding, or the topic leader, they must report in writing to the Program Management Board and the managing agency and can only proceed with approval in writing.

5. Leading agencies and topic/project leaders are fully responsible to the State for the effectiveness of fund usage and research results, transfer to production.

6. Leading agencies and research topic leaders are responsible for registering and submitting results according to Point 1, Article 25 of the Law on Science and Technology.

Article 8. Rights of the Program Management Board, agencies, and individual leaders of topics and projects

1. Program Management Board: Has the right to propose research content, funding, and adjust plans during implementation.

2. Agency leading the topic or project: Has the right to propose changes in research content and lead the topic.

3. Topic/project leader: Has the right to sign responsibility contracts with organizations or individuals inside and outside the unit to implement research content according to current regulations; enjoy authorship rights for scientific works created by themselves according to the law; enjoy additional allowances according to current regulations; be prioritized in selection or assignment of subsequent research tasks if the research results are rated outstanding by the Science and Technology Council.

Chapter III

BUILDING AND REVIEWING

OUTLINES FOR PROGRAMS, TOPICS, AND PROJECTS

Article 9. Steps to build programs, topics, and projects

1.Based on the content stated in Article 3 of this Regulation, the Ministry establishes an advisory council to determine scientific and technological tasks, the Department of Science and Technology and Product Quality compiles and submits to the Ministry for approval the list of programs, topics, and projects, and publicly announces it for registration and selection.

2. Based on the approved list of topics and projects, organizations and individuals build outlines (according to the template) to participate in the selection.

Article 10. Selection and review of outlines

1. The registration dossier for participating in the selection (referred to as the dossier) includes:

- Application form for leading the implementation of the topic or project

- Description of the topic or project

- Summary of scientific and technological activities of the organization applying to implement the topic or project

- Scientific curriculum vitae of the individual applying to lead the topic or project

- Confirmation documents from organizations and individuals applying to cooperate in implementing the topic or project

- Legal documents proving the ability to mobilize capital from other sources (in cases where organizations and individuals declare mobilizing funds from other sources)

2. The selection and review board for topic or project outlines consists of: Chairperson and vice-chairperson (if needed), secretary, and members, among which no more than 30% are representatives of science management agencies, production and business agencies, and organizations applying scientific and technological results, the rest being suitable experts. Participating organizations cannot join the board. Each outline has one to two reviewers.

3. Selection and review of outlines through secret ballot voting.

4. In special cases, the Ministry of Agriculture and Rural Development will designate the leading agency or individual for the topic or project.

Article 11. Appointment of the Program Management Board and topic/project leaders:

1. The Minister of Agriculture and Rural Development decides to appoint the Program Management Board and topic/project leaders for key programs, topics, and projects.

2. Scientific and technological organizations decide to appoint staff leaders for regular research tasks and report to the Ministry (through the Department of Science and Technology and Product Quality).

Chapter IV

INSPECTION, EVALUATION AND ACCEPTANCE

Article 12. Periodic Inspection and Evaluation

In addition to inspections conducted by the Program Management Board and the leading agency, the Ministry annually establishes inspection teams to evaluate the results of each project.

1. Composition of the inspection team: Scientists and managers with expertise relevant to the project. Staff from the leading agency and those involved in implementing the project shall not be members of the team.

2. Content of the inspection: Research content, methods, organizational implementation, financial usage, and progress. The inspection results must be recorded in a report (according to a model) and the Head of the Inspection Team is responsible for compiling the team's opinions and recommending appropriate handling measures to the Ministry.

3. Inspection Costs: From the scientific research budget.

Article 13. Acceptance of Results

1. Acceptance of results includes annual acceptance and final acceptance of projects. Annual acceptance is carried out by the leading agency with representatives from management agencies. Final acceptance is conducted by the Ministry.

2. Final acceptance is conducted at two levels:

a) Basic-level acceptance: After the completion of the project (as stipulated in the proposal), the leading agency establishes a Council to assess and accept the results. Within fifteen days, the leading agency submits a report to the Ministry. The report includes: Scientific report (revised after acceptance), financial report, request for acceptance letter, and related documents (Decision on establishing the Council and acceptance minutes, approved proposal). All related documents must have complete signatures and stamps according to the form requirements.

b) Ministry-level acceptance: The Ministry establishes an acceptance Council to evaluate the results following basic-level acceptance.

3. Submission of products: Revised scientific report (eight copies) according to the Council's comments, handover minutes, and project files.

4. The evaluation results of annual and final project acceptance serve as the basis for financial settlement.

5. During the implementation of the project, if there are results meeting the conditions for recognition as technical advancements, the leading unit sends a letter to the Ministry for organization of assessment.

Article 14. Ministry-level Assessment and Acceptance Council

1. The Science and Technology Quality Product Department presents to the Minister of Agriculture and Rural Development for decision on establishing the Project Acceptance Council. The Council consists of a Chairperson, Vice-Chairperson (if necessary), Secretary, and members, including representatives of organizations applying research results. A session is valid only if attended by at least two-thirds of the total number of Council members.

2. Staff from the leading agency of the project shall not exceed twenty percent of the total number of Council members.

3. Each project must have two reviewers, and Council members must provide written evaluations and bear responsibility for their assessments.

4. The Council evaluates the results through secret ballot. The result is recognized only when at least three-quarters of the valid votes agree. In case of equal votes, the result follows the opinion of the Chairperson.

5. Based on the Council's acceptance minutes, the Science and Technology Quality Product Department presents to the Minister for decision on recognizing the project results.

Chapter V

FINANCIAL MANAGEMENT AND DISBURSEMENT OF FUNDS

Article 15. Budget Preparation for Projects

1. The Project Leader prepares the overall budget according to the approved content.

2. Based on the annual notified funds, the Project Leader prepares a detailed budget according to current regulations.

Article 16. Budget Review

The Finance and Accounting Department leads the review of the budget based on current unit prices and standards, based on the approved content and progress.

Article 17. Fund Disbursement

1. Based on the approved content and budget, the Finance and Accounting Department compiles and works with the Ministry of Finance to disburse funds to implementing units and informs the Science and Technology Quality Product Department for joint monitoring.

2. For organizations and individuals not benefiting from the scientific research budget, if they undertake projects, they must sign a responsibility contract through the Ministry Office.

3. If unused funds remain at the end of the fiscal year, the leading agency must submit a report to the Ministry (Finance and Accounting Department, Science and Technology Quality Product Department) between December 20th and 25th each year requesting carry-over to the next year, which is only permitted upon approval by the competent financial authority.

Article 18. Financial Settlement Report

The leading agency and project leader prepare annual financial settlement reports, along with the unit's consolidated financial settlement report, according to current regulations and submit them to the Finance and Accounting Department, Ministry of Agriculture and Rural Development for review.

Chapter VI

REWARD AND VIOLATION HANDLING

Article 19. Awards

Agencies and individuals who implement this regulation well will be rewarded according to current regulations and given priority when participating in project selection.

Article 20. Handling Violations

1. Agencies and individuals violating this regulation will be dealt with according to the following forms depending on the severity:

- Reprimand

- Warning

- Suspension of project implementation

- Prohibition from participating in bidding for a certain period

- Recovery of funds

- In cases of serious violations, legal action will be taken.

2. The Science and Technology Quality Product Department leads together with the Finance and Accounting Department and the Inspectorate to propose rewards and penalties to the Ministry.

Chapter VII

IMPLEMENTING PROVISIONS

Article 21. Effectiveness

This regulation takes effect fifteen days after its issuance date.

Any issues arising during implementation should be reported to the Ministry (Science and Technology Quality Product Department) for timely supplementation and amendment./.