Circular No. 45/2016/TT-BTTTT on the management of science and technology tasks at the Ministry level under the Ministry of Information and Communications

On the basis of Law on Science and Technology dated 18 the 6 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;13;

Based on Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

Decree No. 08/2014/NĐ-CP dated 27 the 01 Article 2. The receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations shall be carried out in accordance with Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations (amended and supplemented by Decree No. 48/2013/NĐ-CP dated May 14, 2013 on amending and supplementing certain articles of decrees related to administrative procedure control and Decree No. 92/2017/NĐ-CP dated August 7, 2017 on amending and supplementing certain articles of decrees related to administrative procedure control).4 of the Government detailing and guiding the implementation of certain provisions of the Law of Science and Technology;

At the request of the Director of the Department of Science and CTechnology,

The Minister of Information and Communications issues this Circular stipulating managing scientific and technological tasks at the Ministry level for the Ministry Tof Information and Communications thông.

PART I
GENERAL PROVISIONS

Article 1. Scope and Applicability

1. These Circulars regulate the management of scientific and technological tasks at the Ministry level using state budget funds under the management responsibility of the Ministry of Information and Communications.

2. These Circulars apply to units under the Ministry of Information and Communications and organizations and individuals related thereto.

Article 2. Interpretation of Terms

1. Ordering the implementation of scientific and technological tasks at the Ministry level is the act of the Minister of Information and Communications setting requirements for scientific and technological products, providing funding for organizations and individuals to carry out scientific and technological research activities through contracts, thereby creating scientific and technological products.

2. Selecting scientific and technological tasks at the Ministry level is the act of choosing organizations and individuals with the most appropriate capacity and experience to implement scientific and technological tasks according to the orders of the Ministry of Information and Communications through the examination and evaluation of registration files for participation in selection.

3. Directly assigning organizations and individuals in charge of scientific and technological tasks at the Ministry level is the act of designating organizations and individuals with sufficient capacity, conditions, and relevant expertise to implement scientific and technological tasks at the Ministry level of the Ministry of Information and Communications.

Article 3. Scientific and Technological Tasks at the Ministry Level

1. A scientific and technological program at the Ministry level is a scientific and technological task with a common goal to address scientific and technological issues serving medium-term or long-term development and application of science and technology within the scope of management of the Ministry of Information and Communications. A scientific and technological program at the Ministry level is implemented in the form of a collection of scientific and technological topics, scientific and technological projects, or other scientific and technological tasks.

Requirements for a scientific and technological program at the Ministry level:

a) Consistent with the national strategy, plan, and orientation for the development of science and technology, and the information and communications sector.

b) Includes scientific and technological tasks at the Ministry level that are directly or indirectly related in terms of specialization; results meeting the goals of the program.

2. A scientific and technological topic at the Ministry level is developed based on the requirements for economic and social development, directions, goals, tasks, programs, and strategies for the development of science and technology approved by competent authorities and practical state management work, development of science and technology of the Ministry of Information and Communications.

Requirements for a scientific and technological topic at the Ministry level:

a) Based on actual management, production, business, and development in the information and communications sector; having clear goals, contents, and solutions for research; not overlapping with scientific and technological topics already being or have been implemented.

b) Clear research results and products; having specific application addresses or commitments for collaborative research or acceptance; or articles published in domestic specialized journals.

3. A scientific and technological project at the Ministry level is a scientific and technological task addressing key scientific and technological issues serving the production of a priority product or group of key products significantly impacting the technological level of sectors and fields under the management of the Ministry of Information and Communications, implemented in the form of a scientific and technological topic at the Ministry level, a pilot production project at the Ministry level with integrated and synchronized objectives and contents, and conducted within a specified period.

Requirements for a scientific and technological project at the Ministry level:

a) Addressing scientific and technological issues directly serving approved priority investment production projects by the Ministry of Information and Communications.

b) Results ensuring application and enhancing the economic efficiency of investment production projects; significant for the development of science and technology in sectors and fields managed by the Ministry of Information and Communications.

c) Having a financial mobilization plan from sources outside the budget and confirmed by financial institutions, credit organizations, or funds in accordance with current regulations.

d) Having a schedule consistent with the investment production project schedule.

e) Implementation time not exceeding 36 months from the date of signing the scientific and technological contract.

4. Other scientific and technological tasks at the Ministry level are approved by the Minister of Information and Communications.

Article 4. Code number of Ministry-level scientific and technological tasks

The code number of Ministry-level scientific and technological tasks shall be recorded as follows: CT.XXX/YY, ĐT.XXX/YY, DA.XXX/YY, NVK.XXX/YY. In which:

1. CT is the general symbol for Ministry-level scientific and technological programs.

2. ĐT is the general symbol for Ministry-level scientific and technological topics.

3. DA is the general symbol for Ministry-level scientific and technological projects.

4. NVK is the general symbol for other Ministry-level scientific and technological tasks.

Group XXX consists of three digits recording the order of Ministry-level scientific and technological tasks recorded in the Decision of the Minister of Information and Communications ordering Ministry-level scientific and technological tasks.

Group YY consists of two digits recording the last two digits of the year when the Ministry-level scientific and technological task begins to be implemented.

Chapter II
PROPOSAL AND DETERMINATION OF THE LIST OF ORDERED MINISTRY-LEVEL SCIENTIFIC AND TECHNOLOGICAL TASKS
ORDERED MINISTRY-LEVEL SCIENTIFIC AND TECHNOLOGICAL TASKS

Article 5. Proposal of scientific and technological tasks

1. Based on practical experience; strategies and planning for the development of the information and communication industry; guidelines for planning issued by the Ministry of Information and Communications, research organizations submit proposals for scientific and technological tasks according to form (PL1-PĐXNV) to the Department of Science and Technology.

2. Research organizations compile proposals for scientific and technological tasks according to form (PL2-THĐX). In cases where there are two or more proposed scientific and technological tasks, they must be arranged in order of urgency and feasibility.

3. The Department of Science and Technology compiles a list of proposed scientific and technological tasks and a list of tasks directly assigned by the leadership of the Ministry (if any) for each research field to present to the Advisory Council for determining scientific and technological tasks for comments.

Article 6. Advisory Council for Determining Scientific and Technological Tasks

1. The Department of Science and Technology submits to the Minister for the establishment of the Advisory Council for Determining Scientific and Technological Tasks.

2. The Advisory Council for Determining Scientific and Technological Tasks (hereinafter referred to as the Council) consists of five or seven members who are experts in the field of information and communication.

3. The Council's responsibilities include advising and determining the list of proposed scientific and technological tasks for ordering: determining the name, objectives, expected products, and organizational methods (selection or direct assignment) for each scientific and technological task.

4. Working Method of the Council

a) The Council only convenes when at least 2/3 of its members are present, including the Chairman, Secretary (or authorized representative).

b) The Council operates under the principle of democratic centralism, with conclusions of the Council being adopted when more than 3/4 of the members present agree through direct voting or secret ballot.

Different opinions of members are compiled by the Council's Secretary for discussion and voting approval. Members of the Council are individually responsible for their own opinions and collectively responsible for the Council's conclusions.

c) Representatives from units proposing scientific and technological tasks may be invited to attend Council meetings.

5. Procedure and Process of the Council's Work

a) The Secretary announces the decision to establish the Council.

b) The Chairman manages the meeting.

c) Council members discuss each proposed task based on the following criteria: urgency, novelty, non-redundancy, feasibility, applicability, and ability to mobilize resources outside the budget (for experimental production projects and scientific and technological projects).

d) Council members evaluate the proposals. A proposal for a scientific and technological task is recommended for "implementation" if all evaluated contents meet the requirements, and "non-implementation" if any evaluated content does not meet the requirements.

A scientific and technological task is included in the list of proposed ordered Ministry-level scientific and technological tasks for selection or direct assignment to organizations or individuals for implementation if more than 3/4 of the Council members present recommend "implementation".

đ) For tasks recommended for implementation, the Council discusses in detail to reach consensus on the task name, objectives, expected products, and implementation method (selection or direct assignment); to arrange in priority order within the list of proposed tasks.

e) For tasks recommended for non-implementation, the Council discusses in detail to reach consensus on the reasons for non-implementation.

g) The results of evaluation and advisory determination of tasks are recorded in the Council meeting minutes according to form (PL3-BBHĐXĐDM).

Article 7. Approval of the list of scientific and technological tasks to be commissioned

Based on the advisory results of the Council, the Department of Science and Technology compiles the list of scientific and technological tasks (name, objectives, expected products, estimated implementation time, selection method or direct assignment) for submission to the Minister for consideration and approval.

Article 8. Scientific and technological tasks at the Ministry level implemented through the Enterprise Science and Technology Development Fund

Scientific and technological tasks implemented through the Enterprise Science and Technology Development Fund in the information and communication sector shall be carried out in accordance with the provisions set forth in Circular No. 12/2016/TTLT-BKHCN-BTC dated June 28, 2016, issued jointly by the Ministry of Finance and the Ministry of Science and Technology, guiding the content of expenditure and management of the Enterprise Science and Technology Development Fund; and the enterprise's science and technology regulations.

Article 9. Urgent scientific and technological tasks at the Ministry level assigned by Party and State leaders, the Government, or the Minister of Information and Communications

1. When urgent scientific and technological tasks are assigned by Party and State leaders, the Government, or the Minister of Information and Communications, units assigned the tasks shall submit a proposal file for the scientific and technological task (assignment document, proposal letter for the scientific and technological task from the leading organization, research outline, expected product, and budget estimate) to the Department of Science and Technology for submission to the Minister of Information and Communications to decide on commissioning the task for direct implementation.

2. Urgent scientific and technological tasks serving state management work shall be prioritized over other tasks. The approval process shall be carried out immediately upon request, without depending on the annual scientific and technological plan. The Department of Science and Technology and the Department of Planning and Finance shall be responsible for working with relevant agencies to prioritize implementation.

Chapter III
SELECTION AND DIRECT ASSIGNMENT OF SCIENTIFIC AND TECHNOLOGICAL TASKS AT THE MINISTRY LEVEL
MINISTRY-LEVEL SCIENCE AND TECHNOLOGY

Article 10. Notification of Selection and Direct Assignment of Organizations to Implement Scientific and Technological Tasks at the Ministry Level

1. For scientific and technological tasks at the Ministry level implemented through the selection method, within fifteen days from the date the list of scientific and technological tasks is approved by the Minister, the Ministry of Information and Communications shall announce on its electronic portal for organizations with the appropriate capacity to participate in the selection.

2. For scientific and technological tasks at the Ministry level implemented through direct assignment, the Ministry of Information and Communications shall notify in writing to the organizations assigned to implement them. In cases where necessary, the Department of Science and Technology shall study and submit to the Minister of Information and Communications to proceed with the procurement procedures with organizations and individuals to carry out scientific and technological tasks that units under the Ministry have not yet had the conditions to implement.

Article 11. Requirements for Leading Organizations and Principal Researchers of Scientific and Technological Tasks at the Ministry Level

1. Organizations with functions suitable to the specialized field of the scientific and technological task have the right to participate in registration for selection or be directly assigned to lead the implementation of the scientific and technological task, except in any of the following cases:

a) Up to the deadline for submitting the application, they have not fully repaid the recovered funds according to the contract for implementing previous scientific and technological tasks;

b) The leading organization of the scientific and technological task has committed violations leading to suspension of the task for five years from the date of the decision of the competent authority until the registration remains valid.

2. Individuals falling into any of the following categories do not meet the conditions to serve as principal researchers of scientific and technological tasks:

a) Up to the deadline for submitting the application, they are still serving as principal researchers of two (02) or more scientific and technological tasks (at all levels);

b) A principal researcher of a scientific and technological task at the Ministry level who is evaluated as "unsatisfactory" will not be eligible to register for selection or direct assignment for three years from the date of the conclusion of the evaluation committee;

c) A principal researcher of scientific and technological tasks at all levels who has committed violations leading to suspension and criminal liability will not be eligible to register for selection or direct assignment for five years from the date of the decision of the competent authority.

Article 12. Documents for Participation in Selection and Direct Assignment of Ministry-Level Science and Technology Tasks

1. Organizations participating in the selection and direct assignment of ministry-level science and technology tasks shall prepare the following documents:

a) An application form to lead the implementation of science and technology tasks according to model PL4-ĐĐKNV;

b) A summary of the organization's scientific and technological activities for leading the implementation of science and technology tasks according to model PL5-LLKHTC;

c) A detailed description of the science and technology task according to model PL6-TMNV;

d) Scientific resumes of the individual applying to be the principal investigator and other individuals applying to participate in the main research of the science and technology task, confirmed by the competent authority according to model PL7-LLKHCN;

đ) A document confirming the consent of the organization applying to cooperate in implementing the science and technology task according to model PL8-XNPHNC;

e) A document proving the ability to mobilize funds from other sources (if applicable).

2. The documents must be sealed and clearly marked on the outside with the following information: name of the science and technology task; name and address of the organization applying to lead the task; list of documents and texts contained in the file.

3. Number of sets of documents: one original set (with stamps and signatures) presented and printed on A4 paper using Vietnamese font from the Unicode character set according to national standard TCVN 6909:2001, font size 14, and one electronic copy of the document recorded on a CD (in .doc or .docx format, without password protection).

4. The documents must be submitted within the deadline announced for the selection process. The date of receipt of the documents is considered the date stamped by the postal service (in case of submission through the post) or the stamp received by the Department of Science and Technology (in case of direct submission). Before the submission deadline, organizations and individuals applying to participate in the selection have the right to withdraw, replace, supplement, or amend their documents. All supplements and amendments must be submitted within the specified time frame and become part of the document set.

Article 13. Opening and Verifying the Validity of Documents for Participation in the Selection of Science and Technology Tasks

1. Within ten working days after the deadline for submitting registration documents for the selection process, the Department of Science and Technology will open, inspect, and verify the validity of the documents in the presence of representatives of relevant parties (if necessary).

2. Valid documents are those prepared according to the prescribed forms and meeting the requirements stipulated in Article 11 of this Circular.

3. The results of opening the documents are recorded in a protocol according to model PL9-BBMHS.

Article 14. Advisory Board for Selection and Direct Assignment of Science and Technology Tasks

1. The Department of Science and Technology shall submit to the Minister for decision on establishing the Advisory Board for Selection and Direct Assignment of Science and Technology Tasks (hereinafter referred to as the Board).

a) The Board consists of seven members who are reputable scientists and experts with appropriate professional qualifications and deep understanding of the relevant scientific and technological fields related to the research area of the science and technology task;

b) Experts and members who have participated in the advisory board to determine science and technology tasks are prioritized to be invited to join the selection and direct assignment board for corresponding science and technology tasks.

2. The Board shall convene only when at least five out of seven members of the Board attend, including the Chairman of the Board. Depending on specific cases, relevant units may be invited to attend the Board's session.

3. The Board's Session:

a) The secretary reads the decision to establish the Board, the minutes of the document opening, introduces the composition of the Board and the attendees at the meeting;

b) The Chairman of the Board oversees the meeting;

c) Individuals applying to be the principal investigator of the science and technology task present a summary of the research outline before the Board and answer questions from the Board (if any);

d) Representatives of the agency expected to use the research results (if any) express opinions on the necessity and requirements for the research results;

đ) Members and the Chairman of the Board comment and evaluate each document and compare the documents submitted for selection for the same science and technology task;

e) The Chairman of the Board leads the discussion; the Board discusses and critiques the comments between members (if any) before independently scoring each document according to model PL10-PĐGHS; for selection documents, the results are compiled based on the average score from highest to lowest;

g) The Board publicly announces the scoring results, evaluations, and approves the working minutes of the Board according to model PL11-BBHĐTC. Recommends a list of organizations selected or directly assigned to lead the science and technology task. Organizations recommended for selection are those with the highest average scores across all criteria and must achieve at least 70 out of 100 points. In cases where average scores are equal, the document with a higher score from the Chairman is given priority ranking;

h) The Board discusses and reaches consensus through voting to recommend the outcome of the session, which includes basic information such as: name of the organization and individual proposed for selection or direct assignment; and points requiring supplementation or amendment in the detailed description of the science and technology task of the selected or directly assigned document (main scientific and technological products with corresponding economic-technical indicators that need to be achieved; other points requiring amendments in the content of the detailed description of the science and technology task).

4. In cases where it is necessary and when Board members have differing opinions on selecting the organization to implement the science and technology task, the Ministry of Information and Communications will review and approve after obtaining the evaluation opinion of independent experts.

5. The results of the Board's meeting are notified to organizations applying for selection and direct assignment of science and technology tasks after the session ends. Organizations recommended for selection or direct assignment to implement the science and technology task are responsible for completing the documents according to the Board's recommendations within seven working days after the meeting, reporting on completion according to model PL12-BCHTHS; sending back to the Department of Science and Technology.

6. In case of necessity, the Department of Science and Technology shall report to the Minister for consideration and permission to seek independent expert opinions to advise on the selection and direct implementation of scientific and technological tasks.

Article 15. Principles, responsibilities, procedures, and contents of work of the Financial Audit Team

1. The Financial Audit Team for scientific and technological tasks (hereinafter referred to as the audit team) consists of three members, including:

a) The head of the audit team is the leader of the Department of Science and Technology;

b) One member is a member of the Selection Committee responsible for directly organizing the implementation of scientific and technological tasks;

c) One member is a representative of the Department of Planning and Finance.

2. The Department of Science and Technology is responsible for preparing documents and assisting the Financial Audit Team. Additionally, based on practical requirements, the head of the Financial Audit Team may invite representatives from other relevant organizations and individuals to attend and express their opinions at the team's meetings.

3. Principles of operation of the Review Team:

a) All three members must be present;

b) The head of the Financial Audit Team chairs the meeting.

3. Responsibilities of the Financial Audit Team:

a) Individually responsible for the results of their own audit and collectively responsible for the team's final conclusion;

b) Audit the budget estimate for implementing scientific and technological tasks with research contents consistent with the conclusions of the council and current state economic-technical norms and expenditure standards (if applicable);

c) The Financial Audit Team discusses to propose the total budget for implementing scientific and technological tasks (including support funds from the state budget and other sources), determine the budget allocation to the final product, and the budget allocation for each phase. Determine the budget phases according to the fiscal year. The results of the financial audit are recorded in a protocol according to the model (PL13-BBTĐKP).

4. The Financial Audit Team is responsible for reporting to the Director of the Department of Science and Technology to submit to the Minister for consideration and decision on issues arising during the financial audit (changes in objectives and contents compared to the approval decision; or disagreements within the audit team or between the audit team and the task leader).

Article 16. Adjustment of the List and Budget Estimate for Ministry-level Scientific and Technological Tasks

Based on the notification from the Ministry of Finance regarding the allocation of scientific and technological public service funds and the notification from the Ministry of Science and Technology regarding the annual scientific and technological plan content; the Department of Science and Technology takes the lead and coordinates with relevant units to review and adjust the list and budget estimates for scientific and technological tasks, compile and submit to the Minister of Information and Communications for approval of the Decision to commission scientific and technological tasks.

Article 17. Contract for Commissioning the Implementation of Ministry-level Scientific and Technological Tasks

1. The contract for commissioning ministry-level scientific and technological tasks (hereinafter referred to as the Contract) is signed between the commissioning party (Party A), represented by the Director of the Department of Science and Technology acting on behalf of the Minister of Information and Communications, and the commissioned party (Party B), which is the head of the organization primarily responsible for the approved scientific and technological tasks. For organizations primarily responsible for scientific and technological tasks that are units under the Ministry without their own seals or separate accounts, or non-budgetary units under the Ministry, the funds are allocated through the Ministry Office, the Ministry Office will be named in the contract as the account holder. The contract model is specified in Appendix (PL14-HĐKHCN).

2. Within thirty days from the date the Minister of Information and Communications approves the commissioning of scientific and technological tasks, the commissioned organizations must complete and submit the contract in accordance with Clause 1 of this Article. The Ministry of Information and Communications will consider revoking the commissioning decision for organizations that do not comply with the provisions of Clause 1 of this Article.

3. After the contract is approved:

a) For contracts for commissioning scientific and technological tasks signed with the Director of the Department of Science and Technology: The contract is established in six copies, four of which are sent to the organization assigned the task, one copy is kept by the Department of Science and Technology, and one copy is retained by the designated staff member for monitoring;

b) For contracts for commissioning scientific and technological tasks signed with the Ministry Office: The contract is established in eight copies, four of which are sent to the organization assigned the task, two copies are kept by the Ministry Office, one copy is kept by the Department of Science and Technology, and one copy is retained by the designated staff member for monitoring.

4. Based on the proposal document from the primary responsible organization, the Department of Science and Technology submits to the Minister for consideration and decision on adjusting the name of the task and the primary responsible organization. The adjustment of the implementation period of the task must be before the contract expiration date and can only be done once, not exceeding twelve months for tasks with an implementation period of twenty-four months or more, and six months for tasks with an implementation period of less than twenty-four months. Special cases are decided by the Minister of Information and Communications.

Chapter IV
INSPECTION, EVALUATION, ACCEPTANCE, AND TERMINATION
SCIENTIFIC AND TECHNOLOGICAL CONTRACT

Article 18. Inspection and Evaluation of the Implementation of Scientific and Technological Tasks

1. During the implementation process, the organization primarily responsible for scientific and technological tasks shall have the responsibility to regularly inspect and supervise, promptly identify and rectify any errors that affect the objectives, contents, progress plans, and results of the approved scientific and technological tasks.

2. Six months from the date of signing the scientific and technological contract, organizations primarily responsible for scientific and technological tasks shall have the responsibility to submit reports on the implementation status and budget disbursement progress according to form PL15-BCĐK to the Department of Science and Technology.

3. Annually in September and October, the Department of Science and Technology will coordinate with related units within the Ministry to inspect the progress of implementation, achieved results, budget disbursement status, and usage of funds for scientific and technological tasks; in case of surprise inspections, the organization primarily responsible will be notified one working day in advance.

4. The inspection team shall have the responsibility to compile the results, propose necessary handling measures. The inspection results serve as the basis for the Minister of Information and Communications to consider suspending or continuing the implementation, adjusting, supplementing, and terminating the contract. The inspection report on the implementation situation is established according to form PL16-BBKT, stored at the Department of Science and Technology and the organization primarily responsible for scientific and technological tasks.

Article 19. Self-Evaluation of the Results of Implementing Scientific and Technological Tasks (Basic Acceptance)

The organization primarily responsible for the task shall have the responsibility to self-evaluate the results of implementing the task before submitting the application for evaluation and acceptance to the Department of Science and Technology and must bear responsibility for the self-evaluation results. The self-evaluation report follows form PL17-BCTĐG.

Article 20. Documentation for Evaluation and Acceptance of Ministry-Level Scientific and Technological Tasks

The organization primarily responsible for the task shall submit one set of documentation for requesting evaluation and acceptance of ministry-level scientific and technological tasks to the Ministry of Information and Communications (Department of Science and Technology) including:

1. A letter requesting evaluation and acceptance of the scientific and technological task of the organization primarily responsible according to form PL18-CVĐNNT.

2. An integrated report on the results of implementing the task according to form PL19-BCTH.

3. A report on the scientific and technological products of the task.

4. A report on the usage of funds for the task.

5. A copy of the contract and task description.

6. Documents confirming and materials related to the publication, issuance, reception, and utilization of research results (if applicable).

7. Data (surveys, analyses...).

8. A self-evaluation report on the results of implementing the task according to form.

9. Other relevant documents (if applicable).

Article 21. Submission of Documentation for Evaluation and Acceptance of Ministry-Level Scientific and Technological Tasks

1. The submission of documentation shall be completed within thirty days from the end date of the contract or the extended contract date (if applicable).

2. The documentation shall be submitted directly or sent via postal service to the Department of Science and Technology including: one original set of documentation (with stamps and direct signatures) presented and printed on A4 paper size, using Vietnamese font from the Unicode character set according to national standard TCVN 6909:2001, font size 14, and one electronic version stored fully with products and specialized reports of the documentation recorded on optical disc (.doc or .docx format, without password protection).

3. In cases where the documentation does not comply with the provisions of Article 20 of this Circular, the organization primarily responsible must supplement within five working days from the date of receiving notification from the Department of Science and Technology.

Article 22. Advisory Council for Evaluation and Acceptance of Ministry-Level Scientific and Technological Tasks

1. After receiving complete application files for acceptance, within fifteen working days, the Department of Science and Technology shall submit to the Minister for a decision to establish the Advisory Council for Evaluation and Acceptance of Ministry-Level Scientific and Technological Tasks (hereinafter referred to as the Council).

2. The Council consists of seven members, including the Chairperson, two opposing members, and other members who are reputable experts with appropriate professional qualifications and expertise in relevant scientific and technological fields related to the research area of the scientific and technological task. The Council may include one member from the organization responsible for the scientific and technological task. Individuals involved in implementing the scientific and technological task shall not be members of the Council.

3. Based on the file, the Chairperson decides to convene a meeting, with the completion of acceptance not exceeding fifteen days after the establishment of the Council.

4. The Council shall convene only when at least five out of seven Council members attend, including the Chairperson, two opposing members, and the secretary (or their authorized representative). Depending on specific cases, representatives of related parties will be invited to attend the Council's meeting.

5. Council Meeting

a) Participants in the Council's meeting: Council members, head of the scientific and technological task, representative of the responsible organization, and guests;

b) The secretary announces the decision to establish the Council and introduces the participants and delegates;

c) The Chairperson manages the meeting, unifies and approves the agenda of the Council;

d) The head of the task presents a summary of the organization and implementation of the task; reports on scientific products and self-assesses the results of the task's implementation;

đ) Opposing members read comments and evaluation results, Council members comment, evaluate, exchange, and discuss;

e) Council members ask questions to the head of the task regarding the results and issues related to the task. The head of the task and related individuals answer the Council's questions (if applicable);

g) Representatives of agencies express opinions (if applicable);

h) Council members evaluate the results through voting using a form (PL20-PĐGKQ); a scientific and technological task must receive at least five out of seven present votes to be classified as "Passed";

i) The evaluation and acceptance results of the scientific and technological task are recorded in the minutes of the Ministry-level Acceptance Council meeting according to a form (PL21-BBNT); In case the Council classifies the task as "Failed," the Council is responsible for reviewing and determining the work completed according to the approved task description and related contracts, clarifying the reasons for "Failure" (subjective, objective). The Council discusses to unify each conclusion content and approve the minutes.

6. The Council's concluding opinion is sent by the Department of Science and Technology to the responsible organization within five working days after the end of the meeting as a basis for supplementing and perfecting the file.

Article 23. Handling Results of Ministry-Level Acceptance

1. For scientific and technological tasks classified as "Passed" with requirements for file supplementation and perfection, within fifteen days from the date of the Council meeting, the head and the responsible organization of the scientific and technological task have the responsibility to supplement and perfect the task file according to the Council's conclusions, report on the completion of the scientific and technological task file according to a form (PL22-BCHTNT), and send it to the Department of Science and Technology. Scientific and technological tasks classified as "Passed" or higher will be accepted. The responsible organization and the head of the scientific and technological task shall proceed with procedures to establish intellectual property rights to protect research results according to current regulations.

2. For scientific and technological tasks classified as "Failed," the Department of Science and Technology, based on the Council's advisory opinions on subjective and objective reasons, collaborates with related units to determine the amount of state budget funds to be refunded according to current regulations, and submits to the Minister for a decision on handling non-completed scientific and technological tasks.

3. Recognition of Results and Contract Termination The responsible organization for the scientific and technological task submits one set of recognition result files including: A copy of the registration certificate and preservation of task implementation results; Report on completing the evaluation and acceptance file and financial settlement report of the responsible agency. Within fifteen days after receiving the file, the Department of Science and Technology submits to the Minister of Information and Communications for issuance of a Decision recognizing the results of the scientific and technological task according to a form (PL23-QĐCNKQ). The scientific and technological task implementation contract is terminated after receiving the recognition result document of the Ministry of Information and Communications.

Article 24. Financial Management for Science and Technology Tasks

1. The establishment, allocation, and settlement of budget expenses for science and technology tasks shall be carried out in accordance with Circular Joint Circular No. 55/2015/TTLT-BTC-BKHCN dated June 8, 2015, issued by the Ministry of Finance and the Ministry of Science and Technology on guidelines for setting standards for the establishment, allocation, and settlement of budget expenses for science and technology tasks using state budget funds, and specific implementation guidelines of the Ministry of Information and Communications.

2. The leading organization of science and technology tasks shall be responsible for guiding and urging the heads of tasks to comply with current financial regulations.

Article 25. Registration and Preservation of Results of Science and Technology Tasks

1. Within no more than 15 working days from the date of recognition of the results of the science and technology task, the leading and head organizations of the science and technology task shall be responsible for submitting one set of science and technology task files to the Department of Science and Technology, including: A comprehensive research result report, an abstract report (using Vietnamese font of the Unicode character set according to national standard TCVN 6909:2001, font size 14), and one full electronic storage product and specialized reports recorded on optical disc (.doc or .docx format, without password protection).

2. The leading organization of the science and technology task shall implement registration and preservation of the results of the science and technology task at the National Center for Scientific and Technological Information in accordance with Decree No. 11/2014/NĐ-CP dated February 18, 2014, of the Government on scientific and technological information activities.

Article 26. Transfer of Results of Science and Technology Tasks

1. Organizations and units registering and implementing applications of research results shall be responsible for reporting periodic annual or ad hoc evaluations of application effectiveness to the Ministry of Information and Communications (Department of Science and Technology) upon request.

2. The Department of Science and Technology shall be responsible for coordinating with organizations registering and implementing applications of science and technology task results; conducting regular surveys and evaluations of effectiveness and reporting to the Minister of Information and Communications.

Chapter V
IMPLEMENTATION

Article 27. Implementation Organization

1. Department of Science and Technology

a) Uniformly manage science and technology tasks at the ministry level of the Ministry of Information and Communications;

b) Be responsible for guiding, organizing implementation, and inspecting the execution of this Circular;

c) Lead the construction, management, and updating of databases for managing science and technology tasks of the Ministry of Information and Communications; implement regulations on publishing information on the results of science and technology tasks according to current regulations.

2. The Department of Planning and Finance

a) Be responsible for guiding financial procedures and current regulations for units, organizations, and individuals participating in the implementation of science and technology tasks;

b) Coordinate with the Department of Science and Technology in reviewing content and budget estimates; participate in regular and ad hoc inspections of the implementation of science and technology tasks; settle finances according to current regulations.

3. Office of the Ministry

a) Be responsible for guiding disbursement, settlement, and finalization according to the progress of science and technology tasks (for units allocated budget expenses through the Ministry's Office);

b) Coordinate with the Department of Science and Technology in ordering science and technology tasks; conduct regular and ad hoc inspections of the implementation of science and technology tasks (upon request);

c) Lead and coordinate with the Department of Science and Technology, the Department of Planning and Finance to work with state management agencies during inspection and audit rounds.

4. Organizations leading science and technology tasks at the ministry level

a) Shall be responsible before the law and the Minister of Information and Communications for the rationality and legality of the results of implementation and the use of funds for science and technology tasks;

b) Coordinate with related organizations and units during inspection and audit rounds related to science and technology tasks.

5. Units under the Ministry of Information and Communications shall study and apply the provisions of this Circular to manage grassroots-level science and technology tasks within their jurisdiction; annually compile anticipated grassroots-level science and technology tasks, submit them to the Ministry of Information and Communications for comments before approval, and report on the implementation situation to avoid overlapping research contents and ensure effective use of scientific and technological resources.

Article 28. Effective Date

1. This Circular takes effect from February 15, 2017, and replaces Circular No. 06/2012/TT-BTTTT dated June 5, 2012, issued by the Minister of Information and Communications on the management of specialized information and communication science and technology tasks.

2. During implementation, if any issues arise or difficulties occur, relevant organizations and individuals shall promptly reflect them in writing to the Ministry of Information and Communications (Department of Science and Technology) for timely resolution.

3. The Director of the Office, Heads of the Departments of Science and Technology, Planning and Finance, and related organizations and individuals are responsible for enforcing this Circular./.