Decree No. 60/2019/ND-CP Amending and Supplementing Certain Provisions of Decree No. 78/2014/ND-CP dated July 30, 2014 of the Government on Ho Chi Minh Award, State Award, and Other Awards for Science and Technology

DECREE

Amending and supplementing some articles of Decree No. 78/2014/NĐ-CPdated July 30, 2014 of the Government on Ho Chi Minh Award, State Award and the other awards of each type of aircraft of the Vietnam Coast Guard for science and technology

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Competition and Reward dated November 26, 2003 and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward dated November 16, 2013;

Pursuant to the proposal of the Minister of Science and Technology;

The Government promulgates this Decree to amend and supplement some articles of Decree No. 78/2014/NĐ-CP dated July 30, 2014 of the Government on Ho Chi Minh Award, State Award and other awards for science and technology.

Article 1. Amending and supplementing some articles of Decree No. 78/2014/NĐ-CP dated July 30, 2014 of the Government on Ho Chi Minh Award, State Award and other awards for science and technology as follows:

1. Amending Clause 3 of Article 5 as follows:

"3. For works proposed for consideration for the Ho Chi Minh Award and the State Award, in addition to complying with the general principles stipulated in Clause 2 of this Article, they must also comply with the following principles:

a) Each work can only be proposed for consideration for one award in one round of award consideration.

b) A work that has been awarded the Ho Chi Minh Award cannot be proposed for consideration for the State Award; a work that has been awarded the State Award cannot be proposed for consideration for the Ho Chi Minh Award."

2. Supplementing Clause 4 of Article 8 as follows:

"4. Works proposed for consideration for an award that are the results of scientific and technological tasks using or receiving budget support must be registered and the results of the scientific and technological tasks must be kept according to the provisions of the law."

3. Amending and supplementing Point a, d and đ of Clause 1 of Article 17 as follows:

"a) The award granting councils at all levels shall consist of the chairman, vice-chairman, reviewing member experts and other members. The chairman of the award granting council at all levels shall be a reputable scientist who deeply understands the field of science and technology of the work. Members of the council shall represent institutions that have applied the results of the work, reputable scientists, technologists, managers with appropriate expertise and deep understanding of the field of science and technology of the work.

The council assigns members who are experts deeply familiar with the field of science of the work to serve as reviewing members to write comments and evaluate the work. In necessary cases, the council may request the head of the competent agency or organization to invite additional independent reviewing experts.

Members of the award granting council at all levels shall not have works participating in the award consideration or have rights or interests related to the award consideration or have other reasons affecting the objectivity of the award consideration.

d) The national specialized award granting council shall have from 11 to 13 members, decided by the Ministry of Science and Technology after reaching consensus with the national award granting council. Members of the council shall be reputable scientists whose works are in the same field as one of the proposed works for award consideration.

The chairman or vice-chairman of the national specialized award granting council shall be a member of the national award granting council.

đ) The national award granting council shall have from 21 to 25 members, including reputable scientists in various fields of science and technology."

4. Amending and supplementing Clause 2 of Article 17 as follows:

a) The council shall evaluate fairly, democratically, and objectively, vote by secret ballot, and decide according to the ratio specified for each level of award consideration;

b) The council shall only consider files that fully meet the required documents and materials;

c) The national award granting council shall only consider works proposed by the national specialized award granting council; the national specialized award granting council shall only consider works proposed by the ministry, sector, and local award granting council; the ministry, sector, and local award granting council shall only consider works proposed by the grassroots award granting council;

d) The award granting process for works related to state secrets shall follow the general procedures and formalities but must comply with regulations on protecting state secrets;

đ) The grassroots, ministry, sector, local, and national specialized award granting councils:

The number of council meetings depends on the number and scale of the proposed works for award consideration, organized by the award granting authority based on the proposal of the council chairman and approved in writing;

The meeting must have at least three-quarters of the council members present, chaired by the chairman or vice-chairman (authorized in writing by the chairman), and two reviewing members. The chairman of the council shall establish the procedure and formalities for the council's work based on the consensus of the council members.

Council members at all levels are responsible for studying, commenting, and evaluating the files of works proposed for award consideration in writing; absent members must submit written comments and evaluations of the proposed works; the contents of the meeting must be recorded in minutes, signed by the chairperson and the scientific secretary elected by the council."

e) National Council:

The council organizing the meeting must have at least 90% of the council members present, including the chairman or vice-chairman (authorized in writing by the chairman). The number of meetings, procedures, and formalities for the council's work shall be prescribed by the Minister of Science and Technology.

5. Supplementing Clause 3 of Article 17 as follows:

"3. Templates applicable for the meetings of the grassroots, ministry, sector, local, and national specialized award granting councils attached to this Decree:

a) Review form: scientific research work (Template NX1), technological development research work (Template NX2), technology application work (Template NX3).

b) Evaluation form for works proposed for award consideration (Template DG).

c) Voting record for evaluation of works proposed for award consideration (Template KP).

d) Meeting minutes of the award granting council (Template BBH)."

6. Amending and supplementing Clause 1 of Article 18 as follows:

"1. Application file for award consideration

The author of the work or the lawful representative of the author of the work submits one set of application files for award consideration (paper version) and one electronic version (PDF format), stored on a USB without password protection, including:

a) The original application form for award consideration submitted by the author of the work or the lawful representative of the author of the work (Form DK1);

b) Summary report (original): scientific research work (Form BC1), technology development work (Form BC2), technology application work (Form BC3);

c) Documents related to publication or confirmation of the results of applying the work (Form XN);

d) Copies of relevant scientific and technological documents and other related materials (if any).

For foreign authors' works on Vietnam where the application files are in a foreign language, a Vietnamese translation confirmed by the scientific and technological organization proposing the award must be attached.

7. Amend and supplement point a and b of Clause 1, Article 19 as follows:

“a) The original proposal for award consideration submitted by the agency or organization directly managing the author of the work, the Director of the Department of Science and Technology, or the head of the scientific and technological organization proposing the research work on Vietnam by a foreign author (Form CV).

b) Original minutes of the award consideration meeting of the award granting council at the grassroots level.”

8. Amend and supplement point b of Clause 3, Article 19 as follows:

“b) Request the head of the agency or organization with authority to establish the award granting council to notify the author of the work or related organizations and individuals to cooperate and complete the application files for award consideration according to the comments of the award granting council if the work is proposed for consideration at the next level.”

9. Amend and supplement point a and b of Clause 1, Article 20 as follows:

“a) The original proposal for award consideration submitted by the Minister, the head of an agency equivalent to a ministry, an agency under the Government, another central state agency, the Chairman of the People's Committee of a province or centrally-administered city (Form CV).

b) Original minutes of the award consideration meeting of the award granting council at the ministry, sector, or local level.”

10. Amend and supplement point b of Clause 3, Article 20 as follows:

“b) Request the head of the agency or organization with authority to establish the award granting council to notify the author of the work or related organizations and individuals to cooperate and complete the application files for award consideration according to the comments of the award granting council if the work is proposed for consideration at the next level.”

11. Amend and supplement point c, d, and đ of Clause 3, Article 21 as follows:

“c) Request the Minister, the head of an agency equivalent to a ministry, an agency under the Government, another central state agency, the Chairman of the People's Committee of a province or centrally-administered city to notify the author of the work or related organizations and individuals to cooperate and complete the application files for award consideration according to the comments of the national-level award granting council.

d) Prepare the application files for award consideration to submit to the Prime Minister, including: memorandum; list, summary report of works meeting the conditions and criteria for award consideration and receiving at least 80% of the total number of members of the council who attended the meeting voting in favor; minutes of the award consideration meeting of the national-level award granting council.

đ) Send three sets of application files for award consideration as stipulated in point d of this Clause to the Central Steering Committee for Competitions and Awards within fifteen working days from the date of the award consideration result at the national-level award granting council.”

12. Add Article 30a as follows:

“Article 30a. The form for registering prize applications by organizations and individuals in the field of science and technology shall be applied

The registration form for establishing and awarding prizes by organizations and individuals in the field of science and technology shall apply Form DK2 as attached in the Appendix issued together with this Decree.”

Article 2. Repeal Point c Clause 2 Article 5 and Point d Clause 1 Article 18 of Decree No. 78/2014/NĐ-CP dated July 30, 2014 of the Government on the Ho Chi Minh Prize, State Prize, and other prizes in the field of science and technology.

Article 3. Implementation Provisions

1. This Decree takes effect from September 16, 2019.

2. During implementation, if there are any emerging issues, the Minister of Science and Technology shall be responsible for providing guidance.

3. Ministers, Heads of ministerial-level agencies, Heads of central government agencies, other central state agencies, Chairpersons of provincial People's Committees under the Central Government, and related organizations and individuals shall be responsible for implementing this Decree./.