Circular No. 56/2012/TT-BGDĐT Issuing regulations on managing bilateral international cooperation tasks in science and technology at the ministerial level of the Ministry of Education and Training

CIRCULAR

Issuing regulations on managing bilateral international cooperation tasks in science and technology at the ministerial level for the Ministry of Education and Trainingdepartment of education and training

___________________________

THE MINISTER OF EDUCATION AND TRAINING

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 32/2008/NĐ-CP dated March 19, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Education; Decree No. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending and supplementing certain provisions of Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Education;

Pursuant to Decree No. 81/2002/NĐ-CP dated October 17, 2002 of the Government detailing the implementation of certain provisions of the Law on Science and Technology;

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

The Minister of Education and Training issues this Circular on regulations governing bilateral international cooperation tasks in science and technology at the ministerial level for the Ministry of Education and Training:

Article 1. This Circular promulgates regulations on managing bilateral international cooperation tasks in science and technology at the ministerial level for the Ministry of Education and Training.

Article 2. This Circular takes effect from February 15, 2013.

Article 3. The Director of the Office, Heads of the Science, Technology and Environment Department, Heads of units under the Ministry of Education and Training, Rectors of universities and academies, Principals of colleges, Directors of research institutes, and Directors of scientific research centers directly under the Ministry of Education and Training are responsible for implementing this Circular.

REGULATIONS

Managing bilateral international cooperation tasks in science and technology at the ministerial level for the Ministry of Education and Training

(Annexed to Circular No. 56/2012/TT-BGDĐT dated December 25, 2012 of the Minister of Education and Training)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This document stipulates the management of bilateral international cooperation tasks in science and technology at the ministerial level for the Ministry of Education and Training (hereinafter referred to collectively as bilateral international cooperation tasks), including: determining, selecting, and reviewing tasks; organizing implementation and evaluating the results of task execution.

2. This document applies to universities, academies, university-level schools, college-level schools, research institutes, and scientific research centers directly under the Ministry of Education and Training, units under the Ministry of Education and Training (hereinafter referred to collectively as units) that are selected or assigned to implement bilateral international cooperation tasks.

Article 2. Interpretation of Terms

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

1. Bilateral international cooperation tasks are cooperative research tasks with foreign partners aimed at addressing systemic scientific issues, implemented in one or more phases.

2. A research group is a collective of scientists from one or more units participating in solving research problems.

Article 3. Objectives of bilateral international cooperation tasks

1. Creating conditions for research groups to quickly access new scientific issues being researched abroad, shortening research time, systematically addressing research issues to produce scientific and technological products serving education and training development, economic and social development, and national defense and security.

2. Training high-level human resources, enhancing the professional expertise and research capabilities of teaching staff, researchers, and managers based on leveraging the support of foreign partners regarding experience, knowledge, and working environments.

Forming and developing potential research groups.

Article 4. Requirements for bilateral international cooperation tasks

1. It is an important and urgent scientific and technological task that Vietnam needs to take advantage of the strengths and experience of foreign countries to resolve.

2. There is a commitment from the foreign partner to allocate funds for collaborative research work, support master's and doctoral training programs, and publish research results in reputable international scientific journals.

3. It has one head, one scientific secretary, and up to ten participants involved in the research.

4. The maximum time limit for implementing a bilateral international cooperation task is six years.

Article 5. Basis for forming bilateral international cooperation tasks

1. Strategies for developing the education sector, strategies for developing science and technology, and strategies for developing the economy and society.

2. Directions, goals, and main scientific and technological tasks at each stage of the industry and the country.

3. Practical requirements for the development of the education sector and economic and social development of the country.

4. Commitments and agreements between Vietnamese science and technology agencies and universities, research institutes, and foreign science and technology organizations regarding joint research implementation.

Article 6. Standards for the head of bilateral international cooperation tasks

1. Having a master's degree or higher, with expertise relevant to the research field of the task.

2. Having at least one publication in a reputable international scientific journal within the research field or closely related to the research issue of the task.

3. Not being the head of a topic, task, or experimental production project at the Ministry level of the Ministry of Education and Training at the time of selecting the bilateral international cooperation task.

4. Not falling under the circumstances currently being processed according to Clause 1, Article 23 of this Regulation.

Chapter II

DETERMINATION, SELECTION AND REVIEW OF BILATERAL INTERNATIONAL COOPERATION TASKS

Article 7. Determination of bilateral international cooperation tasks

1. Annually, based on the progress of building the scientific and technological plan and the bases for forming bilateral international cooperation tasks specified in Article 5 of this Regulation, units proactively propose bilateral international cooperation tasks (according to Model 1 in Appendix I) and submit them to the Ministry of Education and Training for review.

2. The leading agency of the bilateral international cooperation task is responsible for negotiating specific terms, clearly defining the responsibilities of each participating party, the contents of cooperative research, especially the financial support commitment from the foreign partner to implement research contents within their responsibility, drafting detailed implementation plans, and ensuring conditions for task implementation.

Article 8. Documentation for selection of bilateral international cooperation tasks

1. Documentation for selection of bilateral international cooperation tasks includes:

a) A letter requesting the establishment of the bilateral international cooperation task from the leading agency.

b) Proposal for the bilateral international cooperation task (according to Model 1 in Appendix I).

c) Decision to establish the research group implementing the task by the leading agency.

d) Agreement on the cooperative research task; detailed cooperative research plan; financial support commitment from the foreign partner for the cooperative research task.

đ) Detailed description of the bilateral international cooperation task (according to Model 2 in Appendix I).

e) Scientific curriculum vitae of the research group members (according to Model 3 in Appendix I).

g) Scientific curriculum vitae of the foreign partner.

h) Other relevant documents.

2. Documentation for selection of bilateral international cooperation tasks is compiled into a volume consisting of twelve sets, including one original set.

Article 9. Determination of the List and Selection of Bilateral International Cooperation Tasks

1. The Ministry of Education and Training determines the list and selects bilateral international cooperation tasks based on annual proposals from units. Bilateral international cooperation tasks that are prioritized for inclusion in the selection list include:

a) Tasks agreed upon by the leadership of the Ministry of Education and Training with foreign partners who commit to organizing their implementation.

b) Tasks contributing to solving urgent scientific and technological issues currently being focused on domestically but not yet researched or have not yielded results.

c) Tasks supported by foreign countries to enhance the scientific and technological capacity of Vietnamese units and organizations through scientific knowledge, technological secrets, advanced scientific equipment, training, and transfer of research results.

2. The Ministry of Education and Training establishes an Advisory Council to determine the list of bilateral international cooperation tasks. The Council meets and evaluates proposals for bilateral international cooperation tasks according to the Evaluation Form (Model 4, Appendix I). Meeting minutes are prepared according to Model 5, Appendix I. Based on the Council's recommendations, the Ministry of Education and Training approves the list of bilateral international cooperation tasks for selection.

3. The Ministry of Education and Training establishes an advisory council to select bilateral international cooperation tasks within the approved list. The Council meets and evaluates bilateral international cooperation tasks according to the Evaluation Form (Model 6, Appendix I). Meeting minutes are prepared according to Model 7, Appendix I.

Article 10. Criteria for Selecting Bilateral International Cooperation Tasks

1. The name of the task is clear, concise, and summarizes the objectives and content of the task, demonstrating novelty compared to existing scientific and technological tasks at various levels.

2. The objectives of the task are clearly defined, consistent with the name of the task, and align with the needs of the education sector and socio-economic development.

3. The research content is appropriate to the objectives and feasible.

4. The products of the task meet the task objectives; they have scientific value, practical value, and are applied at specific locations; they involve training master’s and doctoral students and publishing research results in reputable international scientific journals.

5. The budget is appropriate to the content of the task and current financial regulations. The state budget supports up to 50% of the total budget; foreign partners commit to supporting at least 50% of the total budget for implementing the task.

6. The task is effective in terms of science, education and training, and socio-economic development.

7. The implementation plan for the task is reasonable and feasible; the content of collaborative research with foreign partners is consistent with the content and objectives of the task.

8. The head of the task has the ability, experience, and reputation in research, and organizational management skills.

9. The leading organization of the task has the necessary conditions and capability to implement the task.

Article 11. Advisory Council for Selecting Bilateral International Cooperation Tasks

1. The Advisory Council for Selecting Bilateral International Cooperation Tasks is established by the Minister of Education and Training. Members of the Council are experts with high professional qualifications and deep understanding of the scientific and technological field of the task. The Advisory Council is responsible for evaluating the Task Description according to the criteria set out in Article 10.

2. The Advisory Council for Selecting Bilateral International Cooperation Tasks consists of 7 to 11 members including a chairman, secretary, two reviewers, and other members, among which there are 2 (for councils with 7 members) or 3, 4 members (for councils with 9, 11 members) representing state management agencies and organizations applying the research results of the task.

3. In cases where bilateral international cooperation tasks are implemented in multiple phases, the Advisory Council evaluates the Task Description for subsequent phases in conjunction with the acceptance results of previous phases.

4. Working methods of the council:

a) The Council convenes when at least 2/3 of its members are present.

b) Meeting materials must be sent to Council members at least 5 days before the meeting.

c) The Chairman directly chairs the meeting. Council members evaluate the Task Description for bilateral international cooperation tasks according to the Task Description Evaluation Form (Model 6, Appendix I). Written opinions of absent members only serve as reference.

Article 12. Procedure for the Advisory Board's Work on Selecting Bilateral International Cooperation Tasks

1. The administrative secretary announces the decision to establish the board, introduces the members of the board, and the representatives attending.

2. A representative from the Ministry of Education and Training presents the content and requirements for selecting bilateral international cooperation tasks.

3. The chairman of the board controls the meeting according to the following items:

- The head of the task presents a summary of the Task Description;

- Two reviewers present their comments on the Task Description;

- The scientific secretary reads out the written comments of absent members (if any) for the board's reference;

- The board asks questions to the head of the task and evaluates according to the criteria set forth in Article 10.

- The board discusses and agrees on the contents and requirements that the head of the task must revise and supplement in the Task Description.

4. The minutes of the board meeting are established according to Model 7 in Appendix I.

Article 13. Reviewing Bilateral International Cooperation Tasks

1. Based on the results of the Advisory Board meeting, the Ministry of Education and Training organizes the review of the content and budget for implementing bilateral international cooperation tasks according to current regulations (Model 8 in Appendix I).

2. The minutes of the review are established according to Model 9 in Appendix I.

3. After receiving the review results, the Ministry of Education and Training approves the total budget for implementing bilateral international cooperation tasks. In necessary cases, the Minister of Education and Training seeks advice from domestic and foreign experts on the review results before making a decision to approve.

4. The head of the task is responsible for supplementing and completing the Task Description according to the review minutes, submitting it to the supervising agency and the Ministry of Education and Training for approval.

Chapter III

IMPLEMENTATION OF BILATERAL INTERNATIONAL COOPERATION TASKS

Article 14. Implementation of Bilateral International Cooperation Tasks

1. Bilateral international cooperation tasks are carried out according to the Contract signed between the Ministry of Education and Training and the supervising agency, and the head of the task (according to Model 10 in Appendix I). The approved Task Description is an integral part of the Contract.

2. The head of the task and the research team implement the task contents according to the approved Contract and Task Description. The Ministry of Education and Training authorizes the supervising agency to decide on welcoming foreign science officers to Vietnam for work and organizing scientific conferences and seminars according to the plan approved in the Task Description and Contract.

3. In case of changes in the content, budget estimate, progress, and time of implementation of the task, the supervising agency and the head of the task must submit written opinions to the Ministry of Education and Training for consideration. The Ministry of Education and Training's written response regarding the adjustment of the content, budget estimate, progress, and time of implementation of the task is a part of the Contract.

Article 15. Responsibilities of the Supervising Agency and the Head of Bilateral International Cooperation Tasks

1. Responsible for the progress and results of the task as stipulated in the Contract.

2. Fully comply with the periodic reporting system to the Ministry of Education and Training on the progress of implementation and the use of funds for the task (according to Model 11 in Appendix I).

3. Register intellectual property rights for research outcomes and publish research results in domestic and international scientific journals according to current regulations of the Vietnamese government and commitments with foreign partners.

4. Organize the termination of contracts and settlement of funds for implementing bilateral international cooperation tasks in accordance with current financial regulations of the state.

Article 16. Monitoring the Progress of Bilateral International Cooperation Tasks

1. The Ministry of Education and Training shall coordinate with relevant agencies to conduct periodic inspections every six months or at any time to check the progress, scientific content, financial usage, and other related issues of bilateral international cooperation tasks. Inspection results shall be recorded in a report (according to Model 12 in Appendix I) and filed in the task dossier.

2. The inspection results serve as the basis for the Minister of Education and Training to consider adjusting or suspending the implementation of bilateral international cooperation tasks.

Chapter IV

EVALUATION OF THE RESULTS OF BILATERAL INTERNATIONAL COOPERATION TASKS

Article 17. Evaluation of the Results of Bilateral International Cooperation Tasks

1. The results of bilateral international cooperation tasks shall be evaluated and accepted at two levels: evaluation at the grassroots level and evaluation and acceptance at the ministerial level.

2. In cases where bilateral international cooperation tasks are implemented in multiple phases, the next phase task will be considered for continuation by the Ministry of Education and Training if the acceptance result of the previous phase task is rated as "Good" or higher by the ministerial-level evaluation and acceptance council.

Article 18. Evaluation of the Results of Bilateral International Cooperation Tasks at the Grassroots Level

1. After completing the research content, the head of the task shall submit the final report on the task and all products and documents according to the contract to the science and technology department of the main agency for grassroots-level task evaluation (hereinafter referred to as grassroots-level evaluation).

2. The grassroots-level evaluation shall be conducted in accordance with Circular No. 12/2010/TT-BGDĐT dated March 29, 2010, issued by the Minister of Education and Training. Evaluation criteria shall be carried out according to the provisions (Model 13 in Appendix I). The minutes of the grassroots-level evaluation council meeting shall be recorded according to Model 14 in Appendix I.

3. The grassroots-level evaluation council shall conclude the evaluation of bilateral international cooperation tasks at two levels: "Pass" or "Fail".

Article 19. Handling the Results of Grassroots-Level Evaluation

1. For tasks evaluated at the grassroots level as "Pass":

a) The main agency of the task shall complete the dossier according to the conclusion of the grassroots-level evaluation council.

b) The main agency of the task shall review the revised contents of the main agency according to the council's conclusions and proceed with the procedures to request ministerial-level evaluation and acceptance.

2. For tasks evaluated as "Fail", the main agency of the task shall report the grassroots-level evaluation results to the Ministry of Education and Training and proceed with the procedures to terminate the contract.

Article 20. Ministerial-Level Evaluation and Acceptance of the Results of Bilateral International Cooperation Tasks

1. For tasks ranked as "Pass" by the grassroots-level evaluation council, the main agency of the task shall comply with Clause 1 of Article 19 and request the Ministry of Education and Training to conduct ministerial-level evaluation and acceptance.

2. Within forty-five days after the grassroots-level evaluation, the head of the task and the main agency of the task shall be responsible for submitting twelve (12) sets of dossiers to the Ministry of Education and Training for ministerial-level evaluation and acceptance (referred to as Evaluation Dossier), including at least one (01) original set.

3. Dossier for Ministry-level Evaluation and Acceptance Includes:

a) A letter from the main agency requesting the Ministry of Education and Training to organize ministerial-level evaluation and acceptance for the bilateral international cooperation task, accompanied by a list of members of the ministerial-level evaluation and acceptance council for the bilateral international cooperation task (according to Model 15 in Appendix I).

b) Final report and summary report of the task (according to Appendix II).

c) Decision on establishment and minutes of the grassroots-level evaluation council meeting; comments from two reviewers and members of the council.

d) Scientific and technological products of the task in the quantity and requirements specified in the task description and contract.

e) Regular reports from the head of the task, the main agency of the task, and inspection minutes from the Ministry of Education and Training and the main agency.

f) Design drawings, technological processes (if any), original survey data, logbooks or original data records of the task.

g) Report on the testing or application results of the scientific and technological products of the task (equipment, technology, technological processes, etc.), comments from the using unit and/or measurement and testing documents of the authorized agency regarding the testing of the scientific and technological products of the task.

h) Comprehensive financial settlement report of the task.

i) Report from the head of the task evaluating the content of international cooperation (according to Model 16 in Appendix I).

j) CD containing the final report of the task and the products and documents of the task.

4. The Ministry of Education and Training shall consider and issue a decision to establish the ministerial-level evaluation and acceptance council.

5. The organization of ministerial-level evaluation and acceptance of bilateral international cooperation tasks shall be carried out in accordance with Articles 26, 27, and 29 of Circular No. 12/2010/TT-BGDĐT dated March 29, 2010, issued by the Minister of Education and Training. Evaluation criteria shall be carried out according to the provisions (according to Model 17 in Appendix I). The minutes of the ministerial-level evaluation council meeting shall be recorded according to Model 18 in Appendix I.

Article 21. Settlement and Liquidation of Contracts

The contract may only be liquidated after the task has been evaluated and accepted at the Ministry level with a result of "Pass" or higher, and there is confirmation from the Chairman of the Ministry-level Evaluation and Acceptance Board regarding the adoption and revision according to the comments of the Ministry-level Evaluation Board.

The Ministry of Education and Training will proceed to liquidate the contract (according to Model 19 in Appendix I) with the representative of the leading agency and the head of the bilateral international cooperation task after the task head has completed the revisions and finalized the report on the results of the task.

Chapter V

REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 22. Reward

1. Organizations and individuals who successfully implement bilateral international cooperation tasks, whose outcomes are applied in practice, production, and daily life, contributing to the development of the education sector, economic, and social development shall be considered for rewards by the Minister of Education and Training.

2. The funding source and reward levels shall be implemented in accordance with current regulations.

Article 23. Handling Violations

1. The task head who fails to complete the assigned task in accordance with the Implementation Task Contract shall be subject to termination of the contract and must reimburse the allocated funds in accordance with current regulations, and shall not be eligible to register as the head of a Ministry-level project/task for at least five years.

2. Organizations and individuals violating these provisions shall be subject to disciplinary action in accordance with the nature and degree of violation under current regulations.