Circular No. 50/2014/TT-BCT on the management of scientific and technological tasks of the Ministry of Industry and Trade

CIRCULAR

PROVISIONS ON THE MANAGEMENT OF SCIENTIFIC AND TECHNOLOGICAL TASKS OF THE MINISTRY OF INDUSTRY AND TRADE

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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 the Circular stipulating the management of scientific and technological tasks of the Ministry of Industry and Trade.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the management and organization of implementation of scientific and technological tasks using state budget funds under the management responsibility of the Ministry of Industry and Trade (hereinafter referred to as scientific and technological tasks).

2. Special scientific and technological tasks; scientific and technological tasks funded by science and technology funds do not fall within the scope of regulation of this Circular.

Article 2. Applicability

This Circular applies to organizations and individuals engaged in scientific and technological activities, other organizations and individuals related to the management, implementation, transfer, and application of results of scientific and technological tasks.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Scientific and technological tasks are scientific and technological issues that need to be resolved to meet the requirements of socio-economic development, ensure national defense and security, and develop science and technology.

2. Potential ministry-level scientific and technological tasks are science and technology topics and projects focusing on researching and solving scientific and technological issues requiring high applicability and having prospects for creating new research directions or new products in priority and key areas of the industry and trade sector.

3. Ministry-level scientific project is a scientific and technological task including one or a group of contents aimed at determining theoretical and practical foundations serving the establishment of mechanisms, policies, and laws in the management field of the Ministry of Industry and Trade.

4. Ministry-level experimental production project is a scientific and technological task aimed at applying research results and conducting experimental implementation to test solutions, methods, economic and social management models or small-scale trial production to perfect new technologies or products before their introduction into production and life.

5. Ministry-level science and technology project is a scientific and technological task including several research science and technology topics and experimental production projects organically and synchronously conducted over a certain period, aimed at resolving major scientific and technological issues serving the production of key or priority products, with significant impact on enhancing the technological level of the industry and trade sector or a specific area within it; and having a substantial influence on the development of the industry and trade sector.

6. Ministry-level scientific and technological information task is a scientific and technological task assigned to units and organizations directly under the Ministry of Industry and Trade to carry out scientific and technological information activities as prescribed in Article 5 of Decree No. 11/2014/NĐ-CP dated February 18, 2014 of the Government on scientific and technological information activities.

7. Ministry-level functional research task is a scientific and technological task ensuring regular research activities of science and technology organizations under the Ministry of Industry and Trade, excluding science and technology organizations that have been converted into science and technology enterprises, consistent with the functions and tasks stipulated in their organizational charters or regulations issued by competent authorities regarding the functions and tasks of science and technology organizations.

Article 4. Classification of science and technology tasks

Science and technology tasks funded from the state budget under the management responsibility of the Ministry of Industry and Trade include:

1. National-level science and technology tasks

a) Independent national-level science and technology tasks;

b) Science and technology tasks within national-level science and technology programs;

c) Science and technology tasks pursuant to Memorandum of Understanding;

d) National-level science and technology projects.

2. Science and technology tasks within programs, plans, and projects for development assigned by the Prime Minister to be directly managed by the Ministry of Industry and Trade (hereinafter referred to as science and technology tasks directly managed by the Ministry of Industry and Trade).

3. Ministry-level science and technology tasks

a) Ministry-level science and technology topics (hereinafter referred to as topics);

b) Ministry-level scientific projects (hereinafter referred to as projects);

c) Ministry-level experimental production projects;

d) Ministry-level science and technology projects;

đ) Ministry-level science and technology programs (hereinafter referred to as programs);

e) Ministry-level potential science and technology tasks;

g) Functional research tasks;

h) Ministry-level international cooperation science and technology tasks (hereinafter referred to as international cooperation tasks);

i) Ministry-level science and technology information tasks (hereinafter referred to as information tasks);

k) Ministry-level science and technology tasks on gene funds (hereinafter referred to as gene fund tasks);

l) National standard and technical regulation science and technology tasks;

m) Tasks to enhance research capacity and repair to prevent deterioration for subordinate science and technology organizations of the Ministry of Industry and Trade, including equipment enhancement projects and small-scale construction and repair projects.

1. The code of ministry-level scientific and technological tasks is recorded as follows: ĐTNH.XXX/YY; ĐANH.XXX/YY, where:

1. The code of national-level science and technology tasks shall be implemented according to the provisions of Article 4 of Circular No. 09/2014/TT-BKHCN dated May 27, 2014 of the Ministry of Science and Technology on managing national-level science and technology tasks (hereinafter referred to as Circular No. 09/2014/TT-BKHCN).

2. The code of science and technology tasks directly managed by the Ministry of Industry and Trade shall be implemented according to specific regulations of each program, project, and plan issued by the competent authority.

3. The code of ministry-level science and technology tasks shall be recorded as follows: ĐTKHCN.XXX/YY, ĐAKH.XXX/YY, DASXTN.XXX/YY, DAKHCN.XXX/YY, CTKHCN.XXX/YY, NVTN.XXX/YY, NVTXCN.XXX/YY, NVHTQT.XXX/YY, NVTT.XXX/YY, NVQG.XXX/YY, NVTCQC.XXX/YY, NVTCNL.XXX/YY.

Where:

a) ĐTKHCN is the general symbol for all topics.

b) ĐAKH is the general symbol for all ministry-level scientific projects.

c) DASXTN is the general symbol for all ministry-level experimental production projects.

d) DAKHCN is the general symbol for all ministry-level science and technology projects.

đ) CTKHCN is the general symbol for all programs.

e) NVTN is the general symbol for all ministry-level potential science and technology tasks.

g) NVTXCN is the general symbol for all functional research tasks.

h) NVHTQT is the general symbol for all international cooperation tasks.

i) NVTT is the general symbol for all information tasks.

k) NVQG is the general symbol for all gene fund tasks.

l) NVTCQC is the general symbol for all national standard and technical regulation tasks.

m) NVTCNL is the general symbol for all tasks to enhance research capacity and repair to prevent deterioration for subordinate science and technology organizations of the Ministry of Industry and Trade.

n) Group XXX is a group of three digits recording the serial number of science and technology tasks listed in the Decision on ordering ministry-level science and technology tasks by the leadership of the Ministry of Industry and Trade.

p) Group YY is a group of two digits recording the last two digits of the year when the science and technology task begins implementation.

q) Between the field symbol group and the serial number group of tasks is a period; between the serial number group of tasks and the year start symbol group is a forward slash.

Chapter II

MANAGEMENT AND ORGANIZATION OF IMPLEMENTATION OF NATIONAL-LEVEL SCIENCE AND TECHNOLOGY TASKS AND SCIENCE AND TECHNOLOGY TASKS DIRECTLY MANAGED BY THE MINISTRY OF INDUSTRY AND TRADE

Article 6. Management and organization of implementation of national science and technology tasks

1. The management and organization of implementation of independent national science and technology tasks shall be carried out in accordance with Circular No. 09/2014/TT-BKHCN and current legal normative documents related thereto.

2. The management and organization of implementation of science and technology tasks pursuant to Memorandum of Understanding shall be carried out in accordance with Circular No. 12/2014/TT-BKHCN dated May 30, 2014 of the Ministry of Science and Technology on the management of science and technology tasks pursuant to Memorandum of Understanding and current legal normative documents related thereto.

3. The management and organization of implementation of national-level science and technology projects shall be carried out in accordance with Circular No. 11/2013/TT-BKHCN dated March 29, 2013 of the Ministry of Science and Technology guiding the management of science and technology projects and current legal normative documents related thereto.

4. The management and organization of implementation of science and technology tasks under national-level science and technology programs shall be carried out in accordance with management documents for program activities issued by competent authorities.

5. The procedures for determining, building, and perfecting proposals for ordering national-level science and technology tasks using state budget funds shall be carried out in accordance with Circular No. 07/2014/TT-BKHCN dated May 26, 2014 of the Ministry of Science and Technology on the procedures for determining national-level science and technology tasks using state budget funds.

Article 7. Management and organization of implementation of science and technology tasks directly managed by the Ministry of Industry and Trade

1. The management and organization of implementation of science and technology tasks directly managed by the Ministry of Industry and Trade shall be carried out in accordance with regulations on the management and organization of implementation of national-level science and technology tasks or in accordance with regulations on the management of program, project, and plan activities issued by competent authorities.

2. The time for registering proposals for ordering tasks, determining tasks, selecting, and directly assigning organizations and individuals to implement science and technology tasks directly managed by the Ministry of Industry and Trade shall be carried out in accordance with the provisions of this Circular.

3. Every six months or upon urgent request of the Ministry of Industry and Trade, the steering committee, and the management board of programs, projects, and plans shall prepare progress reports or reports according to the required content and submit them to the Department of Science and Technology for consolidation and reporting to the leadership of the Ministry of Industry and Trade.

Chapter III

MANAGEMENT AND ORGANIZATION OF IMPLEMENTATION OF MINISTERIAL-LEVEL SCIENCE AND TECHNOLOGY TASKS

Section 1. GENERAL REQUIREMENTS FOR MINISTERIAL-LEVEL SCIENCE AND TECHNOLOGY TASKS

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

1. The management and organization of implementation of science and technology tasks specified in points a, b, c, d, đ, e, h, i, m, Clause 3, Article 4 shall be carried out in accordance with the procedures and formalities stipulated in this Circular.

2. For gene bank tasks, they shall be implemented in accordance with the provisions of Circular No. 18/2010/TT-BKHCN dated December 24, 2010 of the Ministry of Science and Technology on the management of science and technology tasks concerning gene banks and Circular No. 18/2014/TT-BKHCN dated June 16, 2014 of the Ministry of Science and Technology amending and supplementing certain provisions of Circular No. 18/2010/TT-BKHCN dated December 24, 2010 of the Minister of Science and Technology on the management of science and technology tasks concerning gene banks. The time for registering proposals for ordering tasks, determining tasks, selecting, and directly assigning organizations and individuals to implement gene bank tasks shall be carried out in accordance with the provisions of this Circular.

3. For functional research tasks, they shall be implemented in accordance with the provisions of Joint Circular No. 121/2014/TTLT-BTC-BKHCN dated August 25, 2014 of the Ministry of Finance and the Ministry of Science and Technology guiding the preparation of budgets, management, use, and settlement of expenses for the implementation of regular functional tasks of public science and technology organizations and current guiding documents. The time for registering proposals for ordering tasks, determining tasks, and directly assigning organizations and individuals to implement functional research tasks shall be carried out in accordance with the provisions of this Circular.

4. For national standards and technical regulations tasks, they shall be implemented in accordance with the provisions of Circular No. 46/2014/TT-BCT dated December 3, 2014 of the Minister of Industry and Trade on the activities of establishing and applying national standards and technical regulations of the Ministry of Industry and Trade. The time for registering proposals for ordering tasks, determining tasks, selecting, and directly assigning organizations and individuals to implement national standards and technical regulations tasks of the Ministry of Industry and Trade shall be carried out in accordance with the provisions of this Circular.

Article 9. Requirements for Ministry-level Science and Technology Tasks Ministry-level science and technology tasks must fully meet general requirements and specific requirements for each type, as follows:

1. General Requirements

a) In line with the strategy, economic and social development plans, and industry and trade development strategies at each stage;

b) In line with the strategy or orientation for the development of science and technology in the industry and trade sector at each stage;

c) Of high urgency or importance to the development of the industry and trade sector;

d) Not overlapping in content with science and technology tasks using state budget funds that have been and are being implemented;

đ) Not violating intellectual property regulations, inventions, and patents both domestically and internationally recognized by relevant authorities;

e) The budget estimate for implementing the task must be appropriate to the state budget funding capacity and current financial regulations.

2. Specific requirements for programs

a) Have the goal of producing scientific and technological results serving one of the following major orientations: developing scientific and technological potential in one or several fields within the industry and trade sector over a five-year or ten-year period; developing priority technologies; developing key products of the industry and trade sector;

b) Content includes scientific and technological tasks directly and indirectly related to each other in terms of expertise and consistent with the scientific and technological resources available in the industry and trade sector;

c) Results demonstrate novelty, advancement, high applicability, and meet the program's objectives;

d) Implementation time not exceeding ten years and progress consistent with the program's objectives.

3. Specific requirements for potential ministry-level scientific and technological tasks

a) Address scientific and technological issues requiring high applicability;

b) Have the prospect of creating or developing new research directions or new products in priority and key areas of scientific and technological development in the industry and trade sector.

4. Specific requirements for projects

Research outcomes are proposals or draft mechanisms, policies, procedures, norms, legal documents with sufficient scientific and practical evidence to serve the formulation and implementation of development policies in the industry and trade sector.

5. Specific requirements for topics

a) Originating from the needs of production reality, industry, field, and unit development;

b) Clear research goals, content, suitable and advanced research methods and techniques;

c) Clear, quantifiable research results and products; specific application addresses or agreements on collaborative research or acceptance and application of research results;

d) Organizational implementation solutions appropriate, feasible, and effective;

đ) Possess the ability to mobilize resources from scientific and technological organizations, businesses, and domestic and foreign scientists to participate in implementation.

6. Specific requirements for experimental production projects

a) Technology or scientific and technological product originating from research results evaluated, accepted, and recommended for application by the scientific and technological council, or from exploitation of patents or useful solutions;

b) Scientific and technological technology or products expected to ensure stability at small-scale production levels and feasibility in application or product development at large-scale production levels;

c) Have a plan to mobilize funds from sources other than the state budget to implement;

d) Have a market for product consumption and the ability to develop the market after completion.

7. Specific requirements for scientific and technological projects

a) Linked to investment projects and addressing scientific and technological issues, mastering technology to directly serve investment projects for the production of key, mainstay, priority, and spearhead products of the industry and trade sector;

b) Results generated ensure applicability and enhance the economic efficiency of the investment project; have long-term implications for the development of science and technology in the sector and field;

c) Have a reliable plan for mobilizing non-state financial resources and confirmed by financial institutions, credit organizations, or funds to sponsor or guarantee;

d) Implementation schedule consistent with the investment project's production deployment schedule; implementation time not exceeding five years.

Section 2. ORGANIZATION OF BUILDING PROPOSALS FOR ORDERING AND DETERMINING MINISTRY-LEVEL SCIENCE AND TECHNOLOGY TASKS

Article 10. Basis for building proposals for ministry-level science and technology tasks

1. Requirements from Party leadership, State leadership, and the Ministry of Industry and Trade.

2. Proposals for science and technology tasks from organizations and individuals.

3. Strategies and plans for development of the Ministry of Industry and Trade and strategies, planning, and development plans for industries and fields under the management of the Ministry of Industry and Trade.

4. Strategy for developing science and technology and directions, goals, and tasks for science and technology over five-year or ten-year periods of the Ministry of Industry and Trade.

5. Guidelines for annual and five-year science and technology plan construction issued by the Ministry of Science and Technology and the Ministry of Industry and Trade.

Article 11. Proposal for ministry-level science and technology tasks

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) List of proposed science and technology tasks arranged in priority order according to Model B1-DXKH-BCT.

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.

Potential ministry-level science and technology tasks depend on the type of proposed science and technology task, either research topic or science and technology project, constructed according to corresponding Models B2a-PDXDT-BCT, B2c-PDXDAKH-BCT.

Small-scale construction repair projects and equipment strengthening construction projects are built according to Model B2đ-PDXTCSC-BCT.

2. The proposal should be sent via postal service or submitted directly to the General Office of the Ministry of Industry and Trade before March 1st of the year preceding the planning year. The number of files includes one original file (with stamps and direct signatures) bound into one volume, presented and printed on A4 paper size, using Vietnamese font (Times New Roman) according to Vietnamese standard (TCVN 6909:2001), and one electronic copy of the original file's documents in Microsoft Word format (.doc or .docx) as required by point a, c, Clause 1 of this Article, and in Microsoft Excel format (.xls or .xlsx) as required by point b, Clause 1 of this Article.

3. The Department of Science and Technology takes the lead and collaborates with relevant units to build the proposal for ordering ministry-level science and technology tasks based on the bases stipulated in Clauses 1, 3, and 4 of Article 10 of this Circular.

Article 12. Determining the list of ordered ministry-level science and technology tasks

1. The Department of Science and Technology or the Energy Administration (for tasks under the management responsibility of the Energy Administration) compiles proposals from organizations and individuals and the Ministry of Industry and Trade’s ordering proposals; proceeds to classify ministry-level science and technology tasks into groups of fields and specialized sectors, and organizes the determination of the list of ordered ministry-level science and technology tasks.

2. The process of determining the list of ordered ministry-level science and technology tasks is carried out as follows:

a) The Department of Science and Technology or the Energy Administration (for tasks under the management responsibility of the Energy Administration) reviews and preliminarily evaluates the completeness and necessity of proposals according to Model B3-DGSBDX-BCT.

b) For proposals evaluated as "satisfactory," the Ministry of Industry and Trade organizes consultations through advisory boards or independent consultants to determine science and technology tasks.

c) The advisory board meets to provide opinions on the proposals for ordered ministry-level science and technology tasks compiled by the Department of Science and Technology or the Energy Administration (for tasks under the management responsibility of the Energy Administration).

c) The Advisory Board shall determine the tasks for meetings to discuss proposals for scientific and technological tasks commissioned at the ministry level, which are compiled by the Department of Science and Technology or the General Department of Energy (for tasks under the management responsibility of the General Department of Energy).

Article 13. Advisory Council to Determine Scientific and Technological Tasks Ordered at the Ministry Level

1. The Ministry of Industry and Trade's leadership decides to establish advisory councils to determine scientific and technological tasks ordered at the ministry level according to relevant fields of science and technology in accordance with the proposed areas.

2. Composition of the advisory council

a) The advisory council consists of from seven to eleven members, including one chairman, one vice-chairman, one scientific secretary, and council members, among which:

Members of the council 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 professional qualifications, and deep understanding in the assigned field of science and technology.

The scientific secretary of the advisory council is an officer from the Department of Science and Technology. For tasks under the management responsibility of the Energy Administration, the scientific secretary of the council is an officer from the Energy Administration.

b) In special cases, due to the complexity or specific requirements of the proposal, the Ministry of Industry and Trade's leadership decides on the number of members and composition of the council differently from the provisions in point a, Clause 2 of this Article.

3. Administrative secretary is appointed by the Department of Science and Technology or the Energy Administration (for tasks under the management responsibility of the Energy Administration), responsible for assisting the advisory council in administrative tasks.

4. Responsibilities of the advisory council

a) To advise the Ministry of Industry and Trade's leadership in determining and selecting proposals that need to be implemented;

b) To analyze, evaluate, and make preliminary recommendations regarding the objectives, contents, expected results, and implementation methods (selection or direct assignment) of scientific and technological tasks;

c) To implement the provisions in Clause 5 and Clause 6 of this Article.

5. Principles and working methods of the advisory council

a) The council operates based on democratic and objective principles; each member is individually responsible for the objectivity and accuracy of independent advisory opinions, while the council collectively bears responsibility for its final conclusions. Council conclusions are adopted when more than two-thirds of the attending council members agree through direct voting or secret ballot;

b) At least two-thirds of the council members must attend meetings, including the chairman or vice-chairman and the scientific secretary. Written opinions of absent members only serve as references;

c) The chairman presides over meetings. If the chairman is absent, the vice-chairman presides over the meeting.

6. Procedures and formalities for the council's work

a) The scientific secretary announces the decision to establish the council;

b) A representative from the Department of Science and Technology or the Energy Administration (for tasks under the management responsibility of the Energy Administration) summarizes the requirements for the council;

c) The chairman controls the meeting. If the chairman is absent, the vice-chairman controls the meeting;

d) Council members analyze and evaluate proposals according to the requirements stipulated in Article 9 of this Circular and the discussion content specified in Clause 1, Clause 3, Clause 5 of Article 19; Clause 1 of Article 20; Clause 1, Clause 3 of Article 21; Clause 1, Clause 3, Clause 4 of Article 22 of Circular No. 07/2014/TT-BKHCN dated May 26, 2014 of the Ministry of Science and Technology on procedures and formalities for determining national-level scientific and technological tasks using state budget funds;

đ) The council elects a counting committee consisting of three members, including one head;

e) Council members vote to assess the scientific and technological task proposals according to Form B4a-PDDGX-BCT. The voting results are compiled according to Form B4b-BBKPDGX-BCT;

g) Proposals recommended for implementation must be agreed upon by at least two-thirds of the attending council members, and this number must ensure not less than half of the total number of council members;

h) For tasks recommended for implementation, the council discusses specifically to reach a consensus on the task name, objectives, content, expected products, and implementation methods (selection or direct assignment);

i) For tasks recommended not to be implemented, the council discusses specifically to reach a consensus on the reasons for not implementing them;

k) In cases where a final conclusion cannot be reached, the council prepares a report for the Ministry of Industry and Trade to review and decide;

l) The scientific secretary records the council's work according to Form B4c-BBXDMM-BCT.

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

1. After receiving the council's work results, the Department of Science and Technology or the Energy Administration (for tasks under the management responsibility of the Energy Administration) reviews the council's procedures and formalities, considers the council's advisory opinions on the ordered scientific and technological tasks according to the requirements in Article 9 of this Circular. If necessary, the Ministry of Industry and Trade seeks additional advice from independent consultants or establishes another advisory council to re-determine the scientific and technological tasks.

2. After reviewing, the Energy Administration sends the Department of Science and Technology a list of proposed scientific and technological tasks ordered within its management area for consolidation and submission to the Ministry of Industry and Trade's leadership for approval.

3. Based on the review results and advisory opinions stipulated in Clause 1 of this Article and the list of orders proposed by the Energy Administration stipulated in Clause 2 of this Article, the Department of Science and Technology submits to the Ministry of Industry and Trade's leadership for approval the list of scientific and technological tasks ordered at the ministry level.

Article 15. Urgent science and technology tasks assigned by the Party leadership, State administration, Government, or the Ministry of Industry and Trade shall be carried out.

1. When urgent science and technology tasks are assigned by the Party leadership, State administration, Government, or the Ministry of Industry and Trade, units receiving such tasks shall submit a proposal file for the science and technology task (assignment document, proposal letter for the science and technology task from the leading organization, research outline, expected products, and budget estimate) to the Department of Science and Technology for submission to the Ministry of Industry and Trade leadership to decide on direct assignment for implementation according to the direct assignment method.

2. Urgent Ministry-level science and technology tasks serving state management work shall be prioritized over other tasks. The approval process for urgent science and technology tasks shall be initiated immediately upon request, regardless of the annual science and technology plan. The Department of Science and Technology shall be responsible for working with relevant agencies to prioritize funding allocation after the approved task has been explained.

Section 3. SELECTION AND DIRECT ASSIGNMENT OF ORGANIZATIONS AND INDIVIDUALS TO IMPLEMENT MINISTRY-LEVEL SCIENCE AND TECHNOLOGY TASKS

Article 16. Notification of selection and direct assignment of organizations and individuals to implement ministry-level science and technology tasks

1. For ministry-level science and technology tasks implemented through the selection method, the Ministry of Industry and Trade shall publicly announce on its electronic portal to select organizations and individuals capable of implementing the tasks.

2. For ministry-level science and technology tasks implemented through direct assignment, the Ministry of Industry and Trade shall notify in writing the agencies and organizations designated for direct assignment.

Article 17. Principles and conditions for participating in selection and direct assignment to implement ministry-level science and technology tasks

1. The selection and direct assignment of organizations and individuals to implement ministry-level science and technology tasks must comply with the principles stipulated in Article 3 of Circular No. 10/2014/TT-BKHCN dated May 30, 2014, issued by the Ministry of Science and Technology regarding the selection and direct assignment of organizations and individuals to implement national-level science and technology tasks funded by the state budget (hereinafter referred to as Circular No. 10/2014/TT-BKHCN).

2. Organizations and individuals registering to participate in selection and direct assignment to implement ministry-level science and technology tasks must meet the conditions specified in Article 4 of Circular No. 10/2014/TT-BKHCN.

3. Ministry-level science and technology tasks implemented through direct assignment shall only apply to agencies and organizations under the Ministry of Industry and Trade.

4. Ministry-level science and technology tasks implemented through the selection method shall apply to all organizations and individuals within and outside the Ministry of Industry and Trade that meet the conditions set forth in Clause 2 of this Article.

5. Ministry-level science and technology tasks specified in Point d, g, h, i, m of Clause 3 of Article 4 of this Circular shall only apply the direct assignment method.

Article 18. Registration application files for selection and direct assignment files to implement ministry-level science and technology tasks

1. Organizations and individuals prepare registration application files for selection and direct assignment files for ministry-level science and technology tasks, including:

a) Application form for leading the implementation of the task according to Form B7-DONTC-BCT;

b) Summary of scientific and technological activities of the organization applying to implement the science and technology task according to Form B8-LLTC-BCT. In cases where the organization or individual is currently leading the implementation of science and technology tasks assigned by the Ministry of Industry and Trade, they shall attach a report on the progress of the science and technology task implementation according to Form B5-BCDG-BCT;

c) Detailed explanation corresponding to each type of science and technology task as follows:

Form B6a-TMĐT-BCT applies to research topics; Form B6b-TMĐA-BCT applies to research programs;

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

For science and technology projects, based on the detailed explanations of the tasks within the science and technology project, the leading organization shall develop a general explanation of the science and technology project according to Form B6d-TMDAKH-BCT;

Model B6đ-TMCT-BCT applies to programs;

For potential ministry-level science and technology tasks, depending on whether the registered task is a research topic or a science and technology project, the corresponding detailed explanation forms B6a-TMĐT-BCT, B6d-TMDAKH-BCT shall be applied;

Form B6e-TMHTQT-BCT applies to international cooperation tasks; Form B6g-TMNVTT-BCT applies to information tasks;

For equipment enhancement projects and small-scale repair and construction projects, the detailed explanations shall be developed according to Forms B6h-TMTCTTB-BCT, B6i-TMSCXDN-BCT, accompanied by a proposal for project approval according to Form B25-TTDA-BCT and related documents (if any).

d) Scientific curriculum vitae of the principal investigator and other key researchers applying to join the science and technology task, confirmed by the competent authority according to Form B9-LLCN-BCT;

đ) Confirmation document of the organization applying to cooperate in implementing the science and technology task according to Form B10-PHTH-BCT (if applicable);

e) Legal document proving the ability to mobilize funds from other sources (if applicable);

g) Commitment and explanation of the ability to mobilize at least 70% of the total investment cost from non-state budget sources (for experimental production projects);

h) Quotation for major equipment and raw materials required to purchase for the implementation of the science and technology task (if the detailed explanation of the science and technology task includes procurement, leasing of assets, equipment, and raw materials).

2. The file must be sealed and clearly marked on the outside: Name of the science and technology task; Name and address of the organization or individual applying to lead the implementation of the science and technology task; List of documents and texts included in the file.

3. Number of files: One original file (with stamp and signature) and ten copies bound separately, presented and printed on A4 paper, using Vietnamese font from the Unicode character set (Times New Roman) according to the national standard (TCVN 6909:2001). Accompanying this is one electronic copy of the original file documents recorded on optical disc in Microsoft Word format (.doc or .docx).

4. Deadline for submission of files:

a) The dossier must be submitted no later than April 25th each year. The date of receipt of the dossier is the date stamped by the Hanoi Post Office (in case it is sent via post) or the date of receipt stamp of the Ministry of Industry and Trade's office.

b) Within the prescribed time limit for submitting the dossier, organizations and individuals registering to participate in the selection process have the right to withdraw the submitted dossier to replace it with a new one or amend and supplement the submitted dossier. The new or amended dossier must be submitted within the prescribed time limit as stipulated in point a, Clause 4, Article of this Decree. Supplementary documents are part of the dossier.

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

1. Upon the expiration of the dossier submission period, the representative of the Department of Science and Technology or the representative of the Energy Administration (for tasks under the management responsibility of the Energy Administration), and representatives of related parties (if any) shall proceed to open, inspect, and confirm the validity of the dossiers within ten working days.

2. A valid dossier is one that is prepared according to the prescribed forms and meets the requirements set forth in Articles 17 and 18 of this Circular.

3. The results of opening the dossiers shall be recorded in the form of a protocol according to model B11-BBMHS-BCT.

Article 20. Advisory Board for Selection and Direct Assignment of Ministry-level Science and Technology Tasks

1. The leadership of the Ministry of Industry and Trade decides on the establishment of the advisory board for the selection and direct assignment of ministry-level science and technology tasks.

a) The board consists of from seven to nine members, including one chairman, one vice-chairman, one scientific secretary, and board members, among which:

Two-thirds are experts with appropriate qualifications and expertise and at least five years of recent experience in the relevant field of science being advised;

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. For tasks under the management responsibility of the Energy Administration, the scientific secretary of the board is an officer of the Energy Administration;

b) In special cases due to complexity or specific requirements of the proposal, the leadership of the Ministry of Industry and Trade may decide on the number of members and composition of the board different from the provisions in point a, Clause 1 of this Article.

2. The administrative secretary is appointed by the Department of Science and Technology or the Energy Administration (for tasks under the management responsibility of the Energy Administration) and is responsible for assisting the board in administrative tasks.

3. Experts and board members who have participated in determining ministry-level science and technology tasks are prioritized to be invited to join the advisory board for the selection and direct assignment of corresponding ministry-level science and technology tasks.

4. Responsibilities of the board

a) Studying and analyzing the contents and information in the dossier according to the prescribed requirements;

b) Independently scoring according to the evaluation criteria groups and scale prescribed;

c) Recommending funding allocation methods up to the final product or partial funding allocation for the science and technology task.

5. Principles of operation of the board

a) The board operates based on democratic and objective principles; they are individually responsible for the objectivity and accuracy of independent advisory opinions and collectively responsible for the board's final conclusions;

b) At least two-thirds of the council members must attend meetings, including the chairman or vice-chairman and the scientific secretary. Written opinions of absent members only serve as references;

c) The chairman presides over meetings. In the absence of the chairman, the vice-chairman will preside over the meeting;

d) Members of the board, experts (if any), and the administrative secretary of the board are responsible for keeping confidential all information related to the evaluation process of the selection and direct assignment dossiers.

Article 21. Procedure, content of work of the advisory council for selection and direct assignment, and principles of evaluation, scoring, and classification of selection files for direct assignment

1. The scientific secretary reads the decision to establish the council, the minutes of opening the files, introduces the members of the council and the representatives attending.

2. A representative from the Department of Science and Technology or the General Department of Energy (for tasks under the management responsibility of the General Department of Energy) summarizes the requirements for the council.

3. The council exchanges and agrees on the working method.

a) Scientific and technological tasks specified in points a, b, c, d, đ, e, Clause 3, Article 4 of this Circular shall be implemented according to the provisions of Clauses 4, 5, 6, 7 of this Article;

b) Scientific and technological tasks specified in points h, i, m, Clause 3, Article 4 of this Circular shall be implemented according to the provisions of Clause 8 of this Article.

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, the council members comment, evaluate, and score each file corresponding to each type of task according to the specific provisions below:

Form B12a-PĐGĐT-BCT applies to research topics; Form B12b-PĐGĐA-BCT applies to projects;

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

For scientific and technological projects, based on the results of evaluating and appraising the tasks within the scientific and technological project, the council discusses and provides opinions to complete the general description of the scientific and technological project;

Model B12d-PDDGCT-BCT applies to programs;

For potential ministry-level scientific and technological tasks, depending on the type of registered task being a research topic or a scientific and technological project, the corresponding evaluation forms B12a-PĐGĐT-BCT, B12d-PĐGDAKH-BCT are applied.

5. The council elects the counting committee and votes.

a) The counting committee consists of three council members, including one chairperson.

b) The council votes to evaluate and score each file according to the voting method. A valid evaluation form is one that is filled out according to the instructions on the form.

6. Summarize the results of the selection and direct assignment evaluation.

a) The counting committee compiles and reports to the council the results of the vote according to Form B13-BBKPĐG-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 chairperson (or the vice-chairperson's score, in the absence of the chairperson) is prioritized for ranking;

If the scores given by the council chairperson (or the vice-chairperson's score, in the absence of the chairperson) for the files are equal and the council ranks them equally, the council recommends a selection option.

7. The council approves the minutes of the council's work results.

a) For selection participation files:

The organization or individual proposed by the council to implement is the organization or individual with the highest average total score among the ranked files according to the principles stipulated in point b, Clause 6 of this Article, and whose average score across all criteria must reach at least 70/100, with no criterion receiving zero points from one-third of the present council members;

For files recommended for implementation by the council, the Ministry of Industry and Trade organizes a financial review through the financial review team specified in Article 22 of this Circular.

b) For direct assignment examination files:

Files recommended for implementation by the council are those whose average score across all criteria reaches at least 70/100, with no criterion receiving zero points from one-third of the present council members.

For files recommended for implementation, the council provides comments on the financial implementation of the scientific and technological task. If necessary, the Ministry of Industry and Trade organizes a review through the financial review team specified in Article 22 of this Circular.

c) The council discusses to agree on recommendations for additional or revised points in the task description;

d) The scientific secretary of the council prepares the minutes of the meeting according to Form B14a-BBTCĐTDA-BCT.

8. For scientific and technological tasks specified in points h, i, m, Clause 3, Article 4 of this Circular, units and organizations designated by the Ministry of Industry and Trade for direct assignment shall prepare detailed outlines according to point c, Clause 1, Article 18 of this Circular and defend the outline and budget estimate before the council. The council discusses, evaluates, and prepares the meeting minutes according to Form B14b-BBGTT-BCT.

Article 22. Financial Review Committee for Science and Technology Tasks

1. The form of financial review through the Financial Review Committee shall apply to the files of organizations and individuals participating in selection and directly assigned tasks, which have been reviewed and recommended by the advisory council on selection and direct assignment. The file for the Financial Review Committee to examine is the file that has been revised and perfected in content based on the advisory opinions of the advisory council on selection and direct assignment.

2. Responsibilities of the Financial Review Committee

a) Reviewing the appropriateness of research contents with the conclusions of the council, the budget estimate of science and technology tasks with the prescribed regulations, economic-technical norms, and current state expenditure standards issued by competent authorities to determine: costs for members implementing the task; fees for hiring domestic/international experts; funding support for purchasing raw materials, equipment, and other expenses, as well as the necessary time to implement the task;

b) The Financial Review Committee discusses collectively to propose the total budget for implementing science and technology tasks (including funding support from the state budget and other sources), implementation period, and cost allocation methods up to the final product or partial allocations. In cases where necessary, the organization may inspect and verify the corresponding funding portion (outside the state budget) of the organization applying for selection and direct assignment;

c) The Financial Review Committee is responsible for reporting in writing to the Ministry of Industry and Trade and proposing solutions for issues exceeding its authority arising during the examination of science and technology task files in the following cases:

The explanation of the science and technology task has been modified after the meeting of the council, showing changes in objectives and content compared to the approved procurement list decision or the conclusion of the advisory council on selection and direct assignment;

Disagreement between the Financial Review Committee and the head of the science and technology task regarding the implementation budget;

Members of the Financial Review Committee do not agree with the committee's overall conclusion and request to retain their opinion.

3. Composition of the Financial Review Committee for Ministry-level Science and Technology Tasks (hereinafter referred to as the Financial Review Committee) consists of three members, including:

a) The head of the Financial Review Committee is the leader of the Department of Science and Technology. For tasks under the management responsibility of the Energy Administration, the head of the Financial Review Committee is the leader of the Energy Administration;

b) One member is a member of the advisory council on selection and direct assignment of ministry-level science and technology tasks (priority given to the chairman or vice-chairman);

c) One member is a representative of the financial management agency of the Ministry of Industry and Trade;

d) Depending on practical needs, the head of the Financial Review Committee may invite representatives of related organizations, units, and individuals to attend and express opinions at the Financial Review Committee meetings.

4. Procedures for the Financial Review Committee's Work

a) The administrative secretary reads the decision establishing the Financial Review Committee, introduces the composition of the Financial Review Committee and attending delegates, and reads the main conclusions of the advisory council on selection and direct assignment at the file evaluation session;

b) The head of the Financial Review Committee outlines the requirements and main contents of the financial review for science and technology tasks;

c) The Financial Review Committee, based on the responsibilities assigned in Clause 2 of this Article, provides review opinions. In necessary cases, the organization and individual registering as the main host of the task may be invited to present before the Financial Review Committee issues requiring discussion and clarification;

d) The administrative secretary assists the Financial Review Committee in completing the financial review minutes according to Model B15-BBTĐNV-BCT.

Article 23. Reviewing the results of work of advisory boards for selection, direct assignment, and appraisal teams

1. After obtaining the results of work from the advisory boards and appraisal teams, the Department of Science and Technology or the Energy General Department (for tasks under the management responsibility of the Energy General Department) shall review and examine the results of advisory selection and direct assignment of ministry-level science and technology tasks. In cases where necessary, the Ministry of Industry and Trade may organize to seek additional advice from independent experts according to the provisions of Article 24 of this Circular.

2. Based on the review results and the advice of independent experts (if any), the Ministry of Industry and Trade may request the board to reconsider or organize a new board to provide advisory evaluation for applications with unreasonable assessment results; inspect the actual material-technical facilities, human resources, and financial capacity of organizations and individuals proposed to be in charge of implementing science and technology tasks.

Article 24. Seeking advice from independent experts on the selection and direct assignment of organizations and individuals in charge of science and technology tasks

1. The Department of Science and Technology or the Energy General Department (for tasks under the management responsibility of the Energy General Department) shall present to the leadership of the Ministry of Industry and Trade to decide on selecting one to two independent experts to seek advice on the selection and direct assignment of organizations and individuals in charge of science and technology tasks.

2. The Department of Science and Technology or the Energy General Department (for tasks under the management responsibility of the Energy General Department) shall organize to hand over files to independent experts to conduct a re-evaluation of the files of science and technology tasks participating in the selection and direct assignment. The maximum time for evaluating the files is 15 days from the date of receipt of the files.

3. Independent experts shall provide written advice after evaluating the files of organizations and individuals participating in the selection and direct assignment to be in charge of science and technology tasks. Independent experts work independently and bear legal responsibility for their comments, evaluations, and conclusions.

Article 25. Approving the list and budget estimate of ministry-level science and technology tasks

1. Based on the results of work from the boards, the advice of independent experts (if any), the Department of Science and Technology or the Energy General Department (for tasks managed by the Energy General Department) shall notify organizations and individuals registered to implement ministry-level science and technology tasks to revise and complete their files.

2. Organizations and individuals registered to implement ministry-level science and technology tasks that have been selected through the selection and direct assignment process are responsible for revising and completing their files according to the conclusions of the boards, appraisal teams, and independent consultants (if any).

3. Organizations and individuals must submit their completed files to the Ministry of Industry and Trade within 30 days from the date of receiving the notification. Beyond this deadline, organizations and individuals registered to implement the tasks will be removed from the list of successful selections and direct assignments.

4. The Energy General Department shall review and compile the list of completed files in its field of management and send them to the Department of Science and Technology for compilation and submission to the leadership of the Ministry of Industry and Trade for approval.

5. Based on the review of the results of work from the boards, the advice of independent experts (if any), and the list of files sent by the Energy General Department, the Department of Science and Technology shall present to the leadership of the Ministry of Industry and Trade to decide on approving the list and budget estimate of ministry-level science and technology tasks.

6. The list and budget estimate of ministry-level science and technology tasks shall be publicly announced on the electronic portal of the Ministry of Industry and Trade.

Article 26. Adjustment of the list and budget estimate for science and technology tasks at the ministry level

1. Based on the notification from the Ministry of Finance regarding the allocation of state budget funds for science and technology activities and the notification from the Ministry of Science and Technology regarding the content of the science and technology plan, the Department of Science and Technology shall take the lead in coordinating with the Department of Finance, the Energy General Department, and related units to review, balance the budget, and adjust the list and budget estimate for science and technology tasks.

2. The Department of Science and Technology shall compile and submit to the leadership of the Ministry of Industry and Trade for approval the decision to commission the implementation of science and technology tasks at the ministry level.

Section 4. IMPLEMENTATION OF SCIENCE AND TECHNOLOGY TASKS AT THE MINISTRY LEVEL

Article 27. Contract for commissioning the implementation of science and technology tasks at the ministry level

1. Science and technology tasks specified in points a, b, c, d, e, i, Clause 3, Article 4 of this Circular shall organize the construction of contracts for commissioning the implementation of science and technology tasks in accordance with Clauses 2, 3, 4, 5, and 6 of Article 27 and Article 28 of this Circular.

2. The contract for commissioning the implementation of science and technology tasks at the ministry level (hereinafter referred to as the contract) shall be signed between the party placing the order (Party A), represented by the Director of the Department of Science and Technology or the Director of the Energy General Department (for tasks under the management responsibility of the Energy General Department) acting on behalf of the Minister of Industry and Trade, and the party receiving the order (Party B), which are organizations and individuals primarily responsible for implementing approved science and technology tasks at the ministry level.

3. In cases where the organization primarily responsible for implementing science and technology tasks is a unit under the Ministry without its own seal or separate account, or agencies and units that are not direct budgetary units under the Ministry, and the funds are allocated through the Ministry Office, the Ministry Office shall sign the contract together with the units as the account holder.

4. The contract shall be drafted according to Model B16a-HĐKHCN-BCT.

5. Signing the contract

a) Within thirty days from the date the Ministry of Industry and Trade approves the decision to commission the implementation of science and technology tasks, organizations and individuals assigned to primarily implement these tasks shall complete the contract in accordance with the regulations. If the organizations and individuals mentioned above fail to complete and submit the contract as stipulated in Clauses 2, 3, and 4 of this Article, the Ministry of Industry and Trade will consider revoking the decision to commission these organizations and individuals.

b) Acting on behalf of the Minister of Industry and Trade, leaders of relevant units in the contracts stipulated in Clauses 2 and 3 of this Article shall organize the signing of the contract in accordance with current regulations.

6. Issuing the contract file

a) After the contract has been signed and approved, the staff member of the Department of Science and Technology or the Energy General Department (for tasks managed by the Energy General Department) assigned to monitor the unit shall obtain the number, stamp, record the date and month, and send it to the units for implementation;

b) For tasks directly funded to the primary implementing unit: Each task's file shall be prepared in six copies, four of which shall be returned to the unit assigned the task, one retained by the Department of Science and Technology or the Energy General Department (for tasks managed by the Energy General Department), and one kept by the staff member assigned to monitor the unit;

c) For tasks funded through the Ministry Office: Each task's file shall be prepared in eight copies; four of which shall be returned to the unit assigned the task, two sent to the Ministry Office for monitoring and processing funding procedures, one retained by the Department of Science and Technology or the Energy General Department (for tasks managed by the Energy General Department), and one kept by the staff member assigned to monitor the unit.

Article 28. Adjustment of Contracts

1. Adjustment of the implementation period

a) At least one month before the contract ends, the organization responsible for the task shall submit a written request to extend the implementation of the scientific and technological task, specifying the specific reasons leading to delays in implementing the scientific and technological task and reporting on the progress of the scientific and technological task at the time of requesting the extension, to be reviewed by the Ministry of Industry and Trade and to issue a decision to adjust the implementation period of the scientific and technological task;

b) In cases where the scientific and technological task is agreed to be extended, the extension period will be calculated from the end date of the contract and will be specifically stipulated in the decision adjusting the implementation period of the scientific and technological task issued by the Ministry of Industry and Trade. The extension of the implementation period of the task can only be implemented once, not exceeding twelve months for tasks with an implementation period of more than twenty-four months, and not exceeding six months for tasks with an implementation period of up to twenty-four months. Special cases are decided by the leadership of the Ministry of Industry and Trade.

2. The organization responsible for implementing the scientific and technological task must submit a written explanation to the Ministry of Industry and Trade for review and issuance of a decision regarding the adjustment of the following contents: name of the scientific and technological task; organization and individual responsible for the scientific and technological task; objectives; main content; expected results; total budget estimate and annual budget.

3. Other adjustments that do not affect the contents prescribed in Clause 1 and Clause 2 of this Article are decided by the party receiving the order.

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 the portion of funds allocated: within the total budget estimate allocated and without changing between items, based on the proposal of the head of the scientific and technological task, the head of the organization responsible for implementing the scientific and technological task has the right to decide to adjust the budget estimate of the portion of funds among the expenditure items according to the actual requirements of the work;

b) For the portion of funds not allocated: in case of necessity, the head of the scientific and technological task and the organization responsible for implementing the scientific and technological task may proactively adjust the budget estimate of funds among the expenditure items (if there is no change between items) with a maximum adjustment rate of ten percent.

5. Documents related to adjustments are part of the contract for implementing the scientific and technological task.

Article 29. Implementation of Department-level Scientific and Technological Tasks

1. The implementation of department-level scientific and technological tasks shall be carried out in accordance with the following provisions:

a) For scientific and technological tasks as specified in points a, b, c, d, e, i of Clause 3 of Article 4 of this Circular, after receiving the signed contract file, the units responsible for organizing the implementation of the assigned tasks shall implement them strictly in accordance with the approved objectives, content, schedule, and budget, and current regulations;

b) For programs, the organization of implementation, acceptance, and final settlement of scientific and technological tasks under the program shall comply with the specific regulations (if any) of each program and the provisions of this Circular;

c) For international cooperation tasks, based on the order placement decision of the Ministry of Industry and Trade, organizations and individuals assigned to lead the implementation of the tasks shall carry out the tasks strictly in accordance with the content of the order placement;

d) For small-scale repair and construction projects and projects to enhance equipment, they shall be implemented in accordance with the provisions of Articles 30 and 31 of this Circular.

2. For scientific and technological tasks funded through the Office of the Ministry, the Department of Science and Technology shall coordinate with the Office of the Ministry to guide the unit to disburse the funds for implementing the scientific and technological task in accordance with current regulations. The provisional advance payment list is filled out using Form B26-TUKP-BCT; the confirmation form of completed workload is filled out using Form B27-KLCV-BCT; the list of payment vouchers is filled out using Form B28-BKTT-BCT.

Article 30. Implementation of Small Construction Repair Projects

1. Preparation and Approval of Economic and Technical Reports for Construction Works

Based on the budget plan assigned in the procurement decision of the Ministry of Industry and Trade, units shall prepare economic and technical reports for construction works to be submitted to the leadership of the Ministry of Industry and Trade for approval. The contents of the economic and technical reports for construction works shall comply with current regulations on project investment management.

2. Adjustment of Economic and Technical Reports for Construction Works

a) Time of adjustment: Within the fiscal year;

b) When adjusting the economic and technical report for construction works changes the location, scale, or objectives of the project, or exceeds the approved total investment amount, the organization responsible for implementing the task must report to the Ministry of Industry and Trade; if the adjustment does not change the location, scale, or objectives of the project, nor exceed the approved total investment amount, the head of the organization responsible may make the decision independently. Adjusted project contents must be reviewed before making a decision.

3. Preparation and Approval of Tendering Plans

a) The tendering plan is approved simultaneously with the approval of the economic and technical report for construction works;

b) The head of the organization responsible is responsible for approving the tender invitation documents; approving the selection results of contractors; deciding on handling situations during the tendering process according to regulations.

4. Quality Management and Acceptance of Small Construction Repair Projects

a) The head of the organization responsible shall manage the quality of construction works and organize acceptance and handover of the works for use according to current regulations;

b) The Department of Science and Technology is responsible for inspecting the acceptance and handover for use to report to the Ministry's leadership according to regulations.

Article 31. Implementation of Equipment Strengthening Projects

1. Preparation and Approval of Tendering Plans for Equipment Procurement

a) Based on the procurement decision of the Ministry of Industry and Trade, the organization responsible shall prepare the tendering plan for equipment procurement to be submitted to the leadership of the Ministry of Industry and Trade for approval;

b) The head of the organization responsible is responsible for approving the tender invitation documents; approving the selection results of contractors; deciding on handling situations during the tendering process according to current regulations.

2. Contract Signing and Supervision During Implementation

Based on the tender results, the organization responsible and the winning bidder or the selected entity under the sole-source procurement method shall proceed to sign the contract. Inspection, supervision, settlement, and termination of each tender package are based on the actual quantity and volume of expenditure according to current state regulations.

Article 32. Reporting and Inspection of the Implementation of Ministry-Level Science and Technology Tasks

1. Regularly every six months from the date of signing the contract or upon urgent request from the Ministry of Industry and Trade, organizations and individuals responsible for implementing tasks shall report to the Ministry of Industry and Trade on the implementation of science and technology tasks according to form B17-BCĐK-BCT.

2. In cases where necessary, the Department of Science and Technology or the Energy Administration (for tasks managed by the Energy Administration) shall organize on-site inspections of task implementation to propose solutions to difficulties encountered during implementation to the Ministry's leadership. Inspection records are made according to form B18-BBKT-BCT and are part of the annual evaluation and acceptance documentation.

3. Inspection costs are taken from the annual budget allocated to the Ministry of Industry and Trade for managing scientific and technological activities. For programs and projects, inspection costs are taken from the operational budget of the program and project management boards.

Section 5. EVALUATION AND ACCEPTANCE OF THE RESULTS OF IMPLEMENTING SCIENTIFIC AND TECHNOLOGICAL TASKS AT THE MINISTRY LEVEL

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, i of Clause 3, Article 4 of this Circular, the procedures for evaluating and accepting the results of implementing the tasks shall be carried out in accordance with Article 34 of this Circular;

b) For programs and scientific and technological tasks within the program, the evaluation and acceptance of the results of implementing the tasks shall be conducted in accordance with Clause 3 of this Article;

c) For international cooperation tasks, the evaluation and acceptance of the results of implementing the tasks shall be carried out in accordance with 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 shall be carried out in accordance with the provisions of this Circular;

b) The evaluation of the program will be 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 head of the program shall complete the final report on the program and submit it to the Ministry of Industry and Trade according to form B34-BCTKCT-BCT. The Ministry of Industry and Trade shall organize the evaluation of the program's activities upon its completion and after its completion.

4. For international cooperation tasks

After completing the assigned task, the organization responsible for the task shall have the responsibility to send the Ministry of Industry and Trade a detailed report on the contents implemented, clearly stating the objectives, contents, and results obtained after the implementation of the task. Based on this, the Ministry of Industry and Trade will evaluate and review the process of implementing the task based on the assigned plan and current regulations, compiling it into the annual scientific and technological plan implementation assessment report.

5. For projects to enhance equipment, small repair and construction projects, the evaluation and acceptance of the results of implementation shall be as follows:

a) After completing the project components, the organization responsible for the task shall compile the dossier in accordance with point b, Clause 5 of this Article to prepare for the evaluation and acceptance;

b) The dossier for acceptance includes: the document requesting the evaluation and acceptance at the ministry level from the organization responsible for the task; the decision approving the procurement order to implement the task by the leadership of the Ministry of Industry and Trade; the decision approving the bidding plan and the technical-economic report of the project; the bidding dossier of each tender package; the acceptance, settlement, and finalization records of each tender package; other relevant documents related to the implementation process of the project in accordance with current regulations; a preliminary report on the investment effectiveness of the project;

c) The acceptance committee shall consist of members and operate according to the provisions of Clauses 4 and 5 of Article 34 of this Circular;

d) The evaluation and acceptance of the results of implementing the project shall be conducted through reviewing the dossier and inspecting the actual implementation of the project components at the unit. The acceptance result shall be recorded in a record according to form B24b-BBNTTCSC-BCT.

Article 34. PROCEDURES FOR EVALUATING AND ACCEPTING SCIENTIFIC AND TECHNOLOGICAL TASKS AT THE MINISTRY LEVEL

1. Self-evaluation of the results of implementing scientific and technological tasks

a) The organization responsible for implementing the task shall be responsible for self-evaluating the results of implementing the task in accordance with Clause 7 of this Article before submitting the evaluation and acceptance dossier to the Ministry of Industry and Trade;

b) The results of self-evaluation shall be compiled into the report according to 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) The consolidated report and the summary report of the results of implementing the task shall be prepared according to forms B19-BCTK-BCT and B20-BCTT-BCT respectively;

c) The report on the scientific and technological products of the task according to form B21-BCSP-BCT;

d) The report on the financial situation of the task according to form B22-BCKP-BCT;

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

e) Documents confirming and materials related to the publication, printing, training, reception, and use of research results (if any);

g) Data (surveys, analyses, etc.), task logs;

h) The self-evaluation report on the results of implementing the task by the organization responsible according to form B30-PTĐG-BCT;

i) Other documents (if any).

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

a) Deadline for submission of the dossier: The organization or individual responsible for the task shall submit the dossier requesting evaluation and acceptance no later than 30 days from the date of contract completion or the extended contract date (if applicable);

b) The dossier shall be submitted directly or sent via postal service to the Ministry of Industry and Trade, including one original dossier (with stamps and signatures) and nine copies, presented and printed on A4 paper using the Vietnamese font of the Unicode character set (Times New Roman) according to national standards (TCVN 6909:2001). Accompanying the paper dossier is one electronic version of the dossier recorded on a CD in Microsoft Word format (.doc or .docx).

c) The Department of Science and Technology or the General Department of Energy (for tasks managed by the General Department of Energy) shall issue a receipt for the dossier and conduct a preliminary assessment of the dossier's validity according to form B31-BNHS-BCT. In case the dossier does not meet the requirements, the Department of Science and Technology or the General Department of Energy (for tasks managed by the General Department of Energy) shall notify the responsible organization to supplement the dossier 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) The Department of Science and Technology or the General Department of Energy (for tasks managed by the General Department of Energy) shall submit to the leadership of the Ministry of Industry and Trade for the decision to establish an advisory committee for evaluating and accepting the results of implementing scientific and technological tasks at the ministry level (hereinafter referred to as the committee) within 15 working days from the date of receiving the valid dossier;

b) The committee shall consist of seven 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 individuals are not allowed to participate in the council: The head of the subject, individuals directly involved, or 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 rehabilitated; Spouse, father, mother, child, brother, sister, or half-sibling of the head of the subject or directly involved members in implementing the task or other persons with related rights and interests; Individuals with evidence of conflicting interests with the head of the subject or the main organizing entity of the task;

d) In special cases due to the 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 council members differently from the provisions set out in point b, Clause 4 of this Article.

5. Sessions of the Advisory Board for Evaluation and Acceptance

a) Evaluation and acceptance documents prescribed in Clause 2 of this Article shall be sent to council members and specialized teams (if any) at least seven working days before the meeting session;

b) The council meeting shall be organized within thirty days from the date of the decision to establish the council, and the council will only convene when the following requirements are met:

Written comments from two review members;

The council meeting must have at least two-thirds of the council members present, including the chairman or vice-chairman (in case the chairman is absent), two review members, and the scientific secretary member;

c) Participants in the board sessions include:

Council members, head of the task, representatives of the main organizing entity, representatives of the managing agency, representatives of relevant units under the Ministry of Industry and Trade, and other members invited by the Ministry of Industry and Trade if necessary;

The Science and Technology Department or the Energy Administration (for tasks managed by the Energy Administration) appoints an administrative secretary to assist in preparing materials and organizing council meetings;

d) Agenda of the board session:

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

Representatives of the Science and Technology Department or the Energy Administration (for tasks managed by the Energy Administration) state the main contents and requirements for evaluation and acceptance as stipulated in this Circular;

The council chairman presides over council meeting sessions. In the absence of the council chairman, the chairman authorizes the vice-chairman to chair the meeting. Council members base their discussions and evaluations on the requirements and contents specified in Clauses 6 and 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 council elects a ballot committee consisting of three council members, including one chairperson to compile the opinions of the council members;

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;

Council members pose 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 any) and do not continue to attend the council meeting;

Review members read their comments on the task's implementation results;

The scientific secretary reads the comments of absent members (if any);

Council members express their opinions on the task's results and vote to rank the task according to Model B23a-PDGNB-BCT; The ballot committee compiles and reports the voting results according to Model B23b-KPDGNB-BCT;

The council chairman drafts the conclusion of the council's assessment. If the council ranks the task as "Not Achieved," it must clearly identify the contents implemented according to the contract for the Ministry of Industry and Trade to consider and handle according to current regulations. The council discusses to unify each conclusion content and approves the minutes drafted by the scientific secretary according to Model B24a-BBNB-BCT;

e) The council's concluding opinion is sent by the Science and Technology Department or the Energy Administration (for tasks managed by the Energy Administration) to the main organizing entity within seven working days after the end of the meeting as a basis for supplementing and perfecting the dossier;

6. Requirements for the council's assessment;

a) The task's result assessment is conducted through an evaluation form signed by the Ministry;

b) Council members assess independently without exchanging their assessment results;

c) An evaluation form is valid if it complies with the regulations for each evaluation content.

d) An invalid form is one left blank or assessed contrary to the regulations;

đ) The overall ranking of the task is based on the individual assessments of each council member as prescribed;

7. Content of assessment and requirements for products of the ministry-level task;

a) Content of assessment and requirements for the comprehensive report: Assess the completeness, clarity, authenticity, and logical structure of the comprehensive report (research methods, techniques used...) and accompanying necessary documents (design documents, technology documents, intermediate products, cited documents); Data and materials should be representative, reliable, and up-to-date; Content structure and scientific writing style should be appropriate;

b) Content of assessment and requirements for the task product compared to the order, including: Quantity and volume of products; Product quality; Types of products; Product features and technical specifications. Requirements for each type of product are as follows:

For products such as samples, materials, equipment, machinery, production lines, crop seeds, livestock breeds, and other measurable products, they need to be tested/examined/inspected at independent specialized agencies suitable for the task's main organizing entity;

For products such as application principles, methods, standards, regulations, computer software, design drawings, technological processes, diagrams, data maps, databases, analytical reports, forecasting documents (methods, processes, models,...), plans, master plans, economic-technical justifications, feasibility studies, and similar products, they need to be reviewed by a specialized scientific council or a specialized team established by the task's main organizing entity;

For products such as useful solutions, patents, publications, and similar products, they need to be confirmed by the competent authority;

8. Assessment and ranking of ministry-level tasks;

a) Assessment by council members;

Each type of product of the task is evaluated based on quantity, volume, and quality criteria into three levels: "Excellent" when exceeding the order requirements; "Achieved" when fully meeting the order requirements; "Not Achieved" when failing to meet the order requirements.

Report on the consolidated results of the task evaluation shall be assessed at three levels: "Excellent" when the consolidated report is complete and meets requirements; "Pass" when the consolidated report needs revision and supplementation and can be completed; "Fail" when it does not fall into either of the two cases above.

The general assessment of the task shall be made at three levels: "Excellent" if all product criteria reach the "Excellent" level and the consolidated report reaches the "Pass" level or higher;

"Pass" if all quality and type product criteria are at the "Pass" level or higher; at least 3/4 of the quantity and volume product criteria are at the "Pass" level or higher (products that fail in quantity and volume must still ensure at least 3/4 compared to the order), and the consolidated report reaches the "Pass" level or higher; "Fail" if it does not fall into either of the two cases above or if the application is submitted late by more than six months from the end date of the contract or the extended date (if applicable).

b) Evaluation and classification by the Council:

"Excellent" level if at least 3/4 of the council members present agree to evaluate the task at the "Excellent" level and there is no member evaluating at the "Fail" level.

"Fail" level if more than 1/3 of the council members present evaluate the task at the "Fail" level.

"Pass" level if the task does not fall into either of the two cases above.

9. Independent Consultation

a) The Ministry of Industry and Trade shall consider and decide on organizing independent consultation opinions in the following cases:

The Council is not unanimous about the evaluation and acceptance results of the task; The Council violates the evaluation and acceptance regulations stipulated in this Circular;

There are complaints or accusations related to the activities and conclusions of the Council before deciding to recognize the results.

b) The Ministry of Industry and Trade invites from one to two experts or independent consulting organizations to evaluate the task implementation results. The opinions of these experts or independent consulting organizations serve as supplementary bases for the Ministry of Industry and Trade to make final conclusions before deciding on acceptance.

c) Requirements for independent consulting experts and procedures for soliciting expert opinions are as prescribed in Article 24 of this Circular.

d) Requirements for independent consulting organizations: They must be organizations with the ability and experience in evaluating task implementation results; have experience in managing scientific and technological activities or producing similar products to those of the task; have a team of highly qualified staff in the research field of the task.

10. Handling of Ministry-level Acceptance Results

a) Scientific and technological tasks evaluated and classified at the "Pass" level or higher: Within fifteen days from the date of the ministry-level evaluation result, the head of the scientific and technological task is responsible for completing the dossier according to the Council's comments and conclusions, and preparing a report on the completion of the dossier according to Model B32-BCHTHS-BCT to send to the Ministry of Industry and Trade. The Department of Science and Technology or the Energy Administration (for tasks under the management of the Energy Administration) is responsible for supervising the completion of the task evaluation dossier, confirming the report on the completion of the dossier of the unit, serving as the basis for signing off the contract termination according to Clause 10, Point d of this Article.

The leading organization of the scientific and technological task and the head of the scientific and technological task shall proceed with the 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 the case where the scientific and technological task is classified at the "Fail" level:

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 extension, the scientific and technological task must be recommended for extension by the evaluation council, and the leading organization and the head of the scientific and technological task must submit a request in writing (along with the dossier, minutes of the ministry-level evaluation and handling plan) to the Ministry of Industry and Trade;

Within fifteen days from receiving the request, the Ministry of Industry and Trade will review and notify its opinion on 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 organization and individual leaders of the scientific and technological task.

c) The Ministry of Industry and Trade shall base its decision on the Council's conclusion and handle according to the provisions of Joint Circular No. 93/2006/TTLT-BTC-BKHCN dated October 4, 2006, issued by the Ministry of Finance and the Ministry of Science and Technology guiding the budget allocation system for scientific and technological tasks funded by the state budget (hereinafter referred to as Joint Circular No. 93/2006/TTLT-BTC-BKHCN) and other relevant current regulations in the following cases:

Not eligible for extension as stipulated in Clause 10, Point b of this Article;

Eligible for extension as stipulated in Clause 10, Point b of this Article but the re-evaluation result remains at the "Fail" level.

d) Organizations and individuals leading scientific and technological tasks whose implementation results are evaluated at the "Fail" level or who do not submit the dossier for evaluation and acceptance of the task to the Ministry of Industry and Trade within the specified time frame will be restricted from registering for direct assignment or selection of scientific and technological tasks according to the provisions of Section 3, Chapter III of this Circular regarding the selection and direct assignment of organizations and individuals to implement scientific and technological tasks.

đ) Contract Termination

For scientific and technological tasks that have concluded, and have been evaluated and accepted by the ministry-level acceptance council as meeting requirements, and the leading units and individuals of the scientific and technological tasks have completed the registration and preservation procedures for research results according to Clause 1 and 2 of Article 37 of this Circular, the Department of Science and Technology or the Energy Administration (for tasks under the management of the Energy Administration) shall sign off the contract termination document according to Model B16b-BBTLHĐ-BCT on behalf of the Minister of Industry and Trade.

Article 35. Settlement of scientific and technological tasks and handling of end-of-year balances

1. The settlement of funds for implementing scientific and technological tasks shall be carried out in accordance with the provisions of Circular Joint No. 93/2006/TTLT-BTC-BKHCN and Circular No. 01/2007/TT-BTC dated January 2, 2007 of the Ministry of Finance on guiding the examination, verification, and notification of annual settlements for administrative agencies, public institutions, organizations supported by the state budget, and budgets at all levels (hereinafter referred to as Circular No. 01/2007/TT-BTC). The deadline for submitting annual settlement reports shall be implemented according to the guidance document of the Ministry of Industry and Trade.

2. The organization primarily responsible for implementing scientific and technological tasks shall be responsible for guiding and directing the inspection of the settlement of funds by the head of the scientific and technological task to compile into the settlement report of the organization sent to the Ministry of Industry and Trade for review in accordance with Circular No. 01/2007/TT-BTC.

Article 36. Handling and using savings from scientific and technological tasks

1. Savings must be reflected in the annual settlement report of each scientific and technological task by the organization implementing the task. The handling of savings from scientific and technological tasks shall be carried out in accordance with the guidelines set forth in Circular No. 108/2008/TT-BTC dated November 18, 2008 of the Ministry of Finance on the handling of year-end budgets and the preparation and reporting of annual state budget settlements.

2. The organization primarily responsible for scientific and technological tasks shall use the savings from scientific and technological tasks in accordance with the principles stipulated in Point 7, Section II, Circular Joint No. 93/2006/TTLT-BTC-BKHCN.

Chapter 6. REGISTRATION, STORAGE, RECOGNITION AND USE OF RESULTS FROM IMPLEMENTING SCIENTIFIC AND TECHNOLOGICAL TASKS

Article 37. Registration and storage of results from implementing scientific and technological tasks

1. Within thirty days from the date the Ministry of Industry and Trade confirms the completion of the finalization of the dossier after acceptance, the head of the scientific and technological task shall carry out registration and storage of the results of the scientific and technological task in accordance with the provisions of Circular No. 14/2014/TT-BKHCN dated June 11, 2014 of the Ministry of Science and Technology on the collection, registration, storage, and publication of information on scientific and technological tasks, and submit the confirmation of registration of the results of the scientific and technological task to the Ministry of Industry and Trade to complete the contract termination in accordance with the regulations.

2. The unit submitting the results of the implementation of scientific and technological tasks to the Ministry of Industry and Trade shall include the following documents in the dossier:

a) Two hardbound comprehensive scientific reports, including two pages summarizing the research results, and outside the content of the summary report, attach related documents and decisions (Decision on ordering the implementation of scientific and technological tasks; Scientific and technological contract; Task description; Decision on establishing the Acceptance Committee; Evaluation form and acceptance minutes at the ministerial level; Decisions on adjustments and periodic inspection minutes (if any));

b) In addition to submitting the paper dossier as above, the head of the scientific and technological task must also send an electronic version (recorded on a CD-ROM or USB drive) containing all scientific products and specialized reports. The handover of research results shall be recorded in a protocol signed by both parties, prepared by the Department of Science and Technology or the Energy Administration (for tasks under the management responsibility of the Energy Administration);

c) The retention period of the dossier shall comply with current regulations.

3. In cases where the unit or individual primarily responsible for scientific and technological tasks does not register and submit the results of the implementation of scientific and technological tasks as prescribed in Clause 1 and Clause 2 of this Article, they shall bear responsibility and be subject to penalties in accordance with current regulations.

Article 38. Recognition of Results of Scientific and Technological Tasks

1. After the task has been accepted and the contract terminated by the Ministry of Industry and Trade, the leading organizations and principal individuals of the task, if they request recognition of the results of the scientific and technological task, shall submit the relevant documents to the Ministry of Industry and Trade in accordance with Clause 2 of this Article.

2. The documents for recognizing the results of the task include:

a) A letter requesting recognition of the results of the task;

b) Minutes of the meeting of the evaluation and acceptance board;

c) Report on completing the evaluation and acceptance documentation.

d) The contract termination minutes;

3. Recognition of the results of the task.

Within twenty working days from the date of receipt of all documents as stipulated in Clause 1 of this Article, the Department of Science and Technology or the Energy Administration (for tasks under the management responsibility of the Energy Administration) shall present to the leadership of the Ministry of Industry and Trade for signing and issuing a decision recognizing the results of the task according to Model B33-QĐCNKQ-BCT.

Article 39. Publicizing Information and Transferring Research Results of Scientific and Technological Tasks

1. The publicizing of information and registration of application of research results using state budget funds shall be carried out in accordance with the provisions of Decree No. 08/2014/ND-CP dated January 27, 2014 of the Government detailing and guiding the implementation of certain articles of the Law on Science and Technology.

2. The procedures and formalities for transferring ownership and usage rights of research results using state budget funds shall be carried out in accordance with the provisions of Circular No. 15/2014/TT-BKHCN dated June 13, 2014 of the Ministry of Science and Technology detailing the procedures and formalities for transferring ownership and usage rights of research results using state budget funds.

3. The Department of Science and Technology or the Energy Administration (for tasks under the management responsibility of the Energy Administration) shall have the responsibility to regularly conduct surveys and evaluate the effectiveness of applying research results of scientific and technological tasks in cooperation with organizations and units that have registered and implemented applications.

4. Organizations and units applying research results shall have the responsibility to report evaluations of the effectiveness of applications periodically or at any time when required.

Chapter IV

IMPLEMENTATION

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) To take the lead in building, managing, and updating the database for managing scientific and technological tasks of the Ministry of Industry and Trade, and implementing regulations on publicizing information about the results of scientific and technological tasks in accordance with 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) To cooperate with the Department of Science and Technology or the Energy Administration (for tasks under the management responsibility of the Energy Administration) in reviewing the content and budget estimates; participating in regular and ad hoc inspections of the implementation of scientific and technological tasks;

c) To take the lead and cooperate with the Department of Science and Technology or the Energy Administration (for tasks under the management responsibility of the Energy Administration) in compiling and allocating budget estimates, auditing, and finalizing financial accounts in accordance with current regulations.

3. Office of the Ministry

a) To be responsible for guiding the disbursement, settlement, and finalization of budget funds with the unit and State Treasury where the Ministry's Office has transactions, in accordance with the finalization schedule of the scientific and technological task (for units allocated budget estimates through the Ministry's Office);

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) To take the lead and cooperate with the Department of Science and Technology, the Financial Department to work with state management agencies during inspection and audit rounds (for units allocated budget estimates through the Ministry's Office).

4. The Energy Administration

a) To manage scientific and technological tasks within its assigned field in accordance with the provisions of this Circular and related current laws;

b) To be responsible for guiding the disbursement, settlement, and finalization of budget funds with the State Treasury where the Energy Administration has transactions, in accordance with the finalization schedule of the scientific and technological task for units allocated budget estimates through the Energy Administration;

c) To cooperate with the Department of Science and Technology in providing information on scientific and technological tasks under the management responsibility of the Energy Administration to be included in the database for managing scientific and technological tasks of the Ministry of Industry and Trade;

d) To cooperate with the Financial Department to work with state management agencies during inspection and audit rounds.

Article 41. Responsibilities of the organization in charge of implementing scientific and technological tasks

1. Shall be responsible under the law and to the leadership of the Ministry of Industry and Trade for the rationality and legality of the results of implementation and use of funds for scientific and technological tasks.

2. Shall cooperate with science and technology management agencies to appraise the overall description of scientific and technological tasks. Directly manage the implementation of scientific and technological tasks including: assigning tasks, signing contracts with organizations or individuals involved; submitting to the Ministry of Industry and Trade plans for selecting contractors, repairs, purchasing machinery, equipment, raw materials, chemicals, tools for scientific and technological tasks in accordance with regulations; supervising progress and inspecting implementation, organizing annual acceptance and issuing certificates.

3. Shall enjoy copyright benefits for scientific works managed according to current laws and may use funds for managing scientific and technological tasks as stipulated.

4. When necessary, shall propose to the Ministry of Industry and Trade to adjust the content, budget, time, and individual in charge of scientific and technological tasks.

5. Shall comply with the provisions of Article 39 of this Circular regarding the use of research results from scientific and technological tasks.

6. For budgets allocated through the Ministry's Office, after the scientific and technological task has been accepted according to regulations, the implementing unit shall settle the task budget according to the guidance of the Ministry's Office.

Article 42. Responsibilities of the individual in charge of scientific and technological tasks

1. Shall implement scientific and technological tasks assigned by authorized agencies and organizations, using funds in accordance with current state regulations pursuant to signed science and technology contracts.

2. Shall report fully, as required and on time, on the content, progress, products created, and financial situation of the scientific and technological task to the organization in charge of implementation and the science management agency.

3. Shall prepare financial reports in accordance with current regulations and be responsible for providing complete documentation for inspection, audit when requested.

4. When necessary, shall propose changes to the content, location, budget, and time of implementation of the scientific and technological task to the organization in charge of implementation and the direct management unit of the scientific and technological task and only implement these changes upon written approval from the direct management unit.

5. Shall cooperate with units and individuals meeting the conditions to participate in the implementation of the task according to current regulations; shall enjoy copyright benefits for scientific works created according to current laws; shall enjoy supplementary allowances according to current regulations.

6. Shall transfer the responsibility for leading the task to the organization in charge of implementation upon retirement or transfer to another unit.

7. Shall be responsible under the law for the use of funds and repayment of funds for the implementation of scientific and technological tasks in cases where operations are suspended or the task is accepted at a "Fail" level according to current regulations.

8. Shall comply with current state regulations on registering and retaining the results of scientific and technological tasks and current regulations on publishing and using research results from scientific and technological tasks funded by the state budget.

Article 43. Effective Date

1. This Circular takes effect from January 28, 2015.

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 not funded by the state budget under the responsibility of the Ministry of Industry and Trade and grassroots-level scientific and technological tasks, these provisions of this Circular may be applied for management and implementation.

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./.